Full Text of SB2963 94th General Assembly
SB2963 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2963
Introduced 1/20/2006, by Sen. Bill Brady SYNOPSIS AS INTRODUCED: |
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20 ILCS 2605/2605-45 |
was 20 ILCS 2605/55a-5 |
20 ILCS 2605/2605-120 rep. |
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50 ILCS 710/1 |
from Ch. 85, par. 515 |
105 ILCS 5/10-27.1A |
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105 ILCS 5/34-8.05 |
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225 ILCS 447/35-35 |
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430 ILCS 65/Act rep. |
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520 ILCS 5/3.2 |
from Ch. 61, par. 3.2 |
720 ILCS 5/2-7.1 |
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720 ILCS 5/2-7.5 |
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720 ILCS 5/12-4.2 |
from Ch. 38, par. 12-4.2 |
720 ILCS 5/12-4.2-5 |
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720 ILCS 5/24-1.1 |
from Ch. 38, par. 24-1.1 |
720 ILCS 5/24-1.6 |
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720 ILCS 5/24-2 |
from Ch. 38, par. 24-2 |
720 ILCS 5/24-3 |
from Ch. 38, par. 24-3 |
720 ILCS 5/24-3.2 |
from Ch. 38, par. 24-3.2 |
720 ILCS 5/24-3.4 |
from Ch. 38, par. 24-3.4 |
720 ILCS 5/24-3.5 |
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720 ILCS 5/24-4.5 new |
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720 ILCS 5/24-9 |
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720 ILCS 335/1 |
from Ch. 121 1/2, par. 157.13 |
720 ILCS 646/10 |
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730 ILCS 5/5-5-3 |
from Ch. 38, par. 1005-5-3 |
730 ILCS 5/5-5-3.2 |
from Ch. 38, par. 1005-5-3.2 |
740 ILCS 110/12 |
from Ch. 91 1/2, par. 812 |
765 ILCS 1025/1 |
from Ch. 141, par. 101 |
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Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2963 |
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LRB094 18563 RLC 53897 b |
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| AN ACT concerning firearms.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
| 4 |
| Section 5. The Department of State Police Law of the
Civil | 5 |
| Administrative Code of Illinois is amended by changing Section | 6 |
| 2605-45 as follows:
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| (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
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| Sec. 2605-45. Division of Administration. The Division of
| 9 |
| Administration shall exercise the
following functions:
| 10 |
| (1) Exercise the rights, powers, and duties vested in | 11 |
| the
Department
by the
Governor's Office of Management and | 12 |
| Budget
Bureau of the Budget Act.
| 13 |
| (2) Pursue research and the publication of studies | 14 |
| pertaining
to local
law enforcement activities.
| 15 |
| (3) Exercise the rights, powers, and duties vested in | 16 |
| the
Department
by the Personnel Code.
| 17 |
| (4) Operate an electronic data processing and computer | 18 |
| center
for the
storage and retrieval of data pertaining to | 19 |
| criminal activity.
| 20 |
| (5) Exercise the rights, powers, and duties vested in
| 21 |
| the former Division of
State Troopers by Section 17 of the | 22 |
| State Police
Act.
| 23 |
| (6) Exercise the rights, powers, and duties vested in
| 24 |
| the Department
by "An Act relating to internal auditing in | 25 |
| State government", approved
August 11, 1967 (repealed; now | 26 |
| the Fiscal Control and Internal Auditing Act,
30 ILCS 10/).
| 27 |
| (6.5) (Blank).
Exercise the rights, powers, and duties | 28 |
| vested in the Department
by the Firearm Owners | 29 |
| Identification Card Act.
| 30 |
| (7) Exercise other duties that may be assigned
by the | 31 |
| Director to
fulfill the responsibilities and achieve the | 32 |
| purposes of the Department.
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SB2963 |
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LRB094 18563 RLC 53897 b |
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| (Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01; revised | 2 |
| 8-23-03.)
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| (20 ILCS 2605/2605-120 rep.)
| 4 |
| Section 10. The Department of State Police Law of the
Civil | 5 |
| Administrative Code of Illinois is amended by repealing Section | 6 |
| 2605-120. | 7 |
| Section 15. The Peace Officer Firearm Training Act is | 8 |
| amended by changing Section 1 as follows:
| 9 |
| (50 ILCS 710/1) (from Ch. 85, par. 515)
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| Sec. 1. Definitions. As used in this Act: | 11 |
| (a) "Peace officer"
means (i) any person who by virtue of | 12 |
| his office or public employment is
vested by law with a primary | 13 |
| duty to maintain public order or to make
arrests for offenses, | 14 |
| whether that duty extends to all offenses or is
limited to | 15 |
| specific offenses, and who is employed in such capacity by any
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| county or municipality or (ii) any retired law enforcement | 17 |
| officers qualified under federal law to carry a concealed | 18 |
| weapon. | 19 |
| (b)
"Firearms" means any weapon or device defined as a | 20 |
| firearm in Section
2-7.5 of the Criminal Code of 1961
1.1 of | 21 |
| "An Act relating to the acquisition, possession and transfer of
| 22 |
| firearms and firearm ammunition, to provide a penalty for the | 23 |
| violation
thereof and to make an appropriation in connection | 24 |
| therewith", approved
August 3, 1967, as amended .
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| (Source: P.A. 94-103, eff. 7-1-05.)
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| Section 20. The School Code is amended by changing Sections | 27 |
| 10-27.1A and 34-8.05 as follows:
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| (105 ILCS 5/10-27.1A)
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| Sec. 10-27.1A. Firearms in schools.
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| (a) All school officials, including teachers, guidance | 31 |
| counselors, and
support staff, shall immediately notify the |
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LRB094 18563 RLC 53897 b |
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| office of the principal in the
event that they observe any | 2 |
| person in possession of a firearm on school
grounds; provided | 3 |
| that taking such immediate action to notify the office of the
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| principal would not immediately endanger the health, safety, or | 5 |
| welfare of
students who are under the direct supervision of the | 6 |
| school official or the
school official. If the health, safety, | 7 |
| or welfare of students under the
direct supervision of the | 8 |
| school official or of the school official is
immediately | 9 |
| endangered, the school official shall notify the office of the
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| principal as soon as the students under his or her supervision | 11 |
| and he or she
are no longer under immediate danger. A report is | 12 |
| not required by this Section
when the school official knows | 13 |
| that the person in possession of the firearm is
a law | 14 |
| enforcement official engaged in the conduct of his or her | 15 |
| official
duties. Any school official acting in good faith who | 16 |
| makes such a report under
this Section shall have immunity from | 17 |
| any civil or criminal liability that
might otherwise be | 18 |
| incurred as a result of making the report. The identity of
the | 19 |
| school official making such report shall not be disclosed | 20 |
| except as
expressly and specifically authorized by law. | 21 |
| Knowingly and willfully failing
to comply with this Section is | 22 |
| a petty offense. A second or subsequent offense
is a Class C | 23 |
| misdemeanor.
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| (b) Upon receiving a report from any school official | 25 |
| pursuant to this
Section, or from any other person, the | 26 |
| principal or his or her designee shall
immediately notify a | 27 |
| local law enforcement agency. If the person found to be
in | 28 |
| possession of a firearm on school grounds is a student, the | 29 |
| principal or
his or her designee shall also immediately notify | 30 |
| that student's parent or
guardian. Any principal or his or her | 31 |
| designee acting in good faith who makes
such reports under this | 32 |
| Section shall have immunity from any civil or criminal
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| liability that might otherwise be incurred or imposed as a | 34 |
| result of making
the reports. Knowingly and willfully failing | 35 |
| to comply with this Section is a
petty offense. A second or | 36 |
| subsequent offense is a Class C misdemeanor. If
the person |
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| found to be in possession of the firearm on school grounds is a
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| minor, the law enforcement agency shall detain that minor until | 3 |
| such time as
the agency makes a determination pursuant to | 4 |
| clause (a) of subsection (1) of
Section 5-401 of the Juvenile | 5 |
| Court Act of 1987, as to whether the agency
reasonably believes | 6 |
| that the minor is delinquent. If the law enforcement
agency | 7 |
| determines that probable cause exists to believe that the minor
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| committed a violation of item (4) of subsection (a) of Section | 9 |
| 24-1 of the
Criminal Code of 1961 while on school grounds, the | 10 |
| agency shall detain the
minor for processing pursuant to | 11 |
| Section 5-407 of the Juvenile Court Act of
1987.
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| (c) On or after January 1, 1997, upon receipt of any | 13 |
| written,
electronic, or verbal report from any school personnel | 14 |
| regarding a verified
incident involving a firearm in a school | 15 |
| or on school owned or leased property,
including any conveyance | 16 |
| owned,
leased, or used by the school for the transport of | 17 |
| students or school
personnel, the superintendent or his or her | 18 |
| designee shall report all such
firearm-related incidents | 19 |
| occurring in a school or on school property to the
local law | 20 |
| enforcement authorities immediately and to the Department of | 21 |
| State
Police in a form, manner, and frequency as prescribed by | 22 |
| the Department of
State Police.
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| The State Board of Education shall receive an annual | 24 |
| statistical compilation
and related data associated with | 25 |
| incidents involving firearms in schools from
the Department of | 26 |
| State Police. The State Board of Education shall compile
this | 27 |
| information by school district and make it available to the | 28 |
| public.
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| (d) As used in this Section, the term "firearm" shall have | 30 |
| the meaning
ascribed to it in Section 2-7.5 of the Criminal | 31 |
| Code of 1961
1.1 of the Firearm Owners Identification Card Act .
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| As used in this Section, the term "school" means any public | 33 |
| or private
elementary or secondary school.
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| As used in this Section, the term "school grounds" includes | 35 |
| the real property
comprising any school, any conveyance owned, | 36 |
| leased, or contracted by a school
to transport students to or |
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| from school or a school-related activity, or any
public way | 2 |
| within 1,000 feet of the real property comprising any school.
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| (Source: P.A. 91-11, eff. 6-4-99; 91-491, eff. 8-13-99.)
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| (105 ILCS 5/34-8.05)
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| Sec. 34-8.05. Reporting firearms in schools. On or after | 6 |
| January 1,
1997,
upon receipt of any written,
electronic, or | 7 |
| verbal report from any school personnel regarding a verified
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| incident involving a firearm in a school or on school owned or | 9 |
| leased property,
including any conveyance owned,
leased, or | 10 |
| used by the school for the transport of students or school
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| personnel, the general superintendent or his or her designee | 12 |
| shall report all
such
firearm-related incidents occurring in a | 13 |
| school or on school property to the
local law enforcement | 14 |
| authorities no later than 24 hours after the occurrence
of the | 15 |
| incident and to the Department of State Police in a form, | 16 |
| manner, and
frequency as prescribed by the Department of State | 17 |
| Police.
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| The State Board of Education shall receive an annual | 19 |
| statistical compilation
and related data associated with | 20 |
| incidents involving firearms in schools from
the Department of | 21 |
| State Police. As used in this Section, the term "firearm"
shall | 22 |
| have the meaning ascribed to it in Section 2-7.5 of the | 23 |
| Criminal Code of 1961
1.1 of the Firearm Owners
Identification | 24 |
| Card Act .
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| (Source: P.A. 89-498, eff. 6-27-96.)
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| Section 25. The Private Detective, Private Alarm, Private | 27 |
| Security, and
Locksmith Act of 2004 is amended by changing | 28 |
| Section 35-35 as follows:
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| (225 ILCS 447/35-35)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 35-35. Requirement of a firearm authorization card.
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| (a) No person shall perform duties that include the use,
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| carrying, or possession of a firearm in the performance of
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| those duties without complying with the provisions of this
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| Section and having been issued a valid firearm authorization
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| card by the Department.
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| (b) No employer shall employ any person to perform the
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| duties for which employee registration is required and allow
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| that person to carry a firearm unless that person has complied
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| with all the firearm training requirements of this Section and
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| has been issued a firearm authorization card. This Act
permits | 9 |
| only the following to carry firearms while actually
engaged in | 10 |
| the performance of their duties or while commuting
directly to | 11 |
| or from their places of employment: persons
licensed as private | 12 |
| detectives and their registered employees;
persons licensed as | 13 |
| private security contractors and their
registered employees; | 14 |
| persons licensed as private alarm
contractors and their | 15 |
| registered employees; and employees of a
registered armed | 16 |
| proprietary security force.
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| (c) Possession of a valid firearm authorization card
allows | 18 |
| an employee to carry a firearm not otherwise prohibited
by law | 19 |
| while the employee is engaged in the performance of his
or her | 20 |
| duties or while the employee is commuting directly to
or from | 21 |
| the employee's place or places of employment, provided
that | 22 |
| this is accomplished within one hour from departure from
home | 23 |
| or place of employment.
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| (d) The Department shall issue a firearm authorization
card | 25 |
| to a person who has passed an approved firearm training
course, | 26 |
| who is currently employed by an agency licensed by
this Act ,
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| and has met all the requirements of this Act , and who
possesses | 28 |
| a valid firearm owner identification card .
Application for the | 29 |
| firearm authorization card shall be made
by the employer to the | 30 |
| Department on forms provided by the
Department. The Department | 31 |
| shall forward the card to the
employer who shall be responsible | 32 |
| for its issuance to the
employee. The firearm authorization | 33 |
| card shall be issued by
the Department and shall identify the | 34 |
| person holding it and
the name of the course where the employee | 35 |
| received firearm
instruction and shall specify the type of | 36 |
| weapon or weapons
the person is authorized by the Department to |
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| carry and for
which the person has been trained.
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| (e) Expiration and requirements for renewal of firearm
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| authorization cards shall be determined by rule.
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| (f) The Department may, in addition to any other
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| disciplinary action permitted by this Act, refuse to issue,
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| suspend, or revoke a firearm authorization card if the
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| applicant or holder has been convicted of any felony or crime
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| involving the illegal use, carrying, or possession of a deadly
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| weapon or for a violation of this Act or rules promulgated
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| under this Act. The Department shall refuse to issue or shall
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| revoke a firearm authorization card if the applicant or holder
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| fails to possess a valid firearm owners identification card.
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| The Director shall summarily suspend a firearm authorization
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| card if the Director finds that its continued use would
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| constitute an imminent danger to the public. A hearing shall
be | 16 |
| held before the Board within 30 days if the Director
summarily | 17 |
| suspends a firearm authorization card.
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| (g) Notwithstanding any other provision of this Act to the
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| contrary, all requirements relating to firearms authorization
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| cards do not apply to a peace officer.
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| (430 ILCS 65/Act rep.)
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| Section 30. The Firearm Owners Identification Card Act is | 24 |
| repealed. | 25 |
| Section 35. The Wildlife Code is amended by changing | 26 |
| Section 3.2 as follows:
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| (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
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| Sec. 3.2. Hunting license; application; instruction. | 29 |
| Before the
Department or any county, city, village, township, | 30 |
| incorporated town clerk
or his duly designated agent or any | 31 |
| other person authorized or designated
by the Department to | 32 |
| issue hunting licenses shall issue a hunting license
to any | 33 |
| person, the person shall file his application with the |
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| Department or
other party authorized to issue licenses on a | 2 |
| form provided by the
Department and further give definite proof | 3 |
| of identity and place of legal
residence. Each clerk | 4 |
| designating agents to issue licenses and stamps
shall furnish | 5 |
| the Department, within 10 days following the appointment, the
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| names and mailing addresses of the agents. Each clerk or his | 7 |
| duly
designated agent shall be authorized to sell licenses and | 8 |
| stamps only
within the territorial area for which he was | 9 |
| elected or appointed. No duly
designated agent is authorized to | 10 |
| furnish licenses or stamps for
issuance by any other business | 11 |
| establishment. Each
application shall be executed and sworn to | 12 |
| and shall set forth the name
and description of the applicant | 13 |
| and place of residence.
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| No hunting license shall be issued to any person born on or | 15 |
| after January
1,
1980
unless he presents the person authorized | 16 |
| to issue the license
evidence that he has held a hunting | 17 |
| license issued by the State of Illinois
or another state in a | 18 |
| prior year, or a certificate of competency as
provided in this | 19 |
| Section. Persons under 16 years of age may be issued a
Lifetime | 20 |
| Hunting or Sportsmen's Combination License as provided under | 21 |
| Section
20-45 of the Fish and Aquatic Life Code but shall not | 22 |
| be entitled to hunt
unless they have a certificate of | 23 |
| competency as provided in this Section and
they shall have the | 24 |
| certificate in their possession while hunting.
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| The Department of Natural Resources shall authorize
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| personnel of the
Department or certified volunteer instructors | 27 |
| to conduct courses, of not
less than 10 hours in length, in | 28 |
| firearms and hunter safety, which may include
training in bow | 29 |
| and arrow safety, at regularly specified intervals throughout
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| the State. Persons successfully completing the course shall | 31 |
| receive a
certificate of competency. The Department of Natural | 32 |
| Resources may further
cooperate with any reputable association | 33 |
| or organization in establishing
courses if the organization has | 34 |
| as one of its objectives the promotion of
safety in the | 35 |
| handling of firearms or bow and arrow.
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| The Department of Natural Resources shall designate any
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| person found by it
to be competent to give instruction in the | 2 |
| handling of firearms, hunter
safety, and bow and arrow. The | 3 |
| persons so appointed shall give the
course of instruction and | 4 |
| upon the successful completion shall
issue to the person | 5 |
| instructed a certificate of competency in the safe
handling of | 6 |
| firearms, hunter safety, and bow and arrow. No charge shall
be | 7 |
| made for any course of instruction except for materials or | 8 |
| ammunition
consumed. The Department of Natural Resources shall
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| furnish information on
the requirements of hunter safety | 10 |
| education programs to be distributed
free of charge to | 11 |
| applicants for hunting licenses by the persons
appointed and | 12 |
| authorized to issue licenses. Funds for the conducting of
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| firearms and hunter safety courses shall be taken from the fee | 14 |
| charged
for the Firearm Owners Identification Card.
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| The fee for a hunting license to hunt all species for a | 16 |
| resident of
Illinois is $7. For residents age 65 or older, the | 17 |
| fee is one-half of the
fee charged for a hunting license to | 18 |
| hunt all species for a resident of
Illinois. Nonresidents shall | 19 |
| be charged $50 for a hunting license.
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| Nonresidents may be issued a nonresident hunting license | 21 |
| for a
period not to exceed 10 consecutive days' hunting in the | 22 |
| State and shall
be charged a fee of $28.
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| A special nonresident hunting license authorizing a | 24 |
| nonresident to
take game birds by hunting on a game breeding | 25 |
| and hunting preserve
area only, established under Section 3.27, | 26 |
| shall be issued upon proper
application being made and payment | 27 |
| of a fee equal to that for a resident
hunting license. The | 28 |
| expiration date of this license shall be on the same
date each | 29 |
| year that game breeding and hunting preserve
area licenses | 30 |
| expire.
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| Each applicant for a State Migratory Waterfowl Stamp, | 32 |
| regardless of
his residence or other condition, shall pay a fee | 33 |
| of $10 and
shall receive a stamp. Except as provided under
| 34 |
| Section 20-45 of the Fish and Aquatic Life Code,
the stamp | 35 |
| shall be signed by the person or affixed to his license
or | 36 |
| permit in a space designated by the Department for that |
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| purpose.
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| Each applicant for a State Habitat Stamp, regardless of his | 3 |
| residence
or other condition, shall pay a fee of $5 and shall | 4 |
| receive a
stamp. Except as provided under Section 20-45 of the | 5 |
| Fish and Aquatic Life
Code, the stamp shall be signed by the | 6 |
| person or affixed to his license or
permit in a space | 7 |
| designated by the Department for that purpose.
| 8 |
| Nothing in this Section shall be construed as to require | 9 |
| the purchase
of more than one State Habitat Stamp by any person | 10 |
| in any one license year.
| 11 |
| The Department shall furnish the holders of hunting | 12 |
| licenses and stamps
with an insignia as evidence of possession | 13 |
| of license, or license and
stamp, as the Department may | 14 |
| consider advisable. The insignia shall be
exhibited and used as | 15 |
| the Department may order.
| 16 |
| All other hunting licenses and all State stamps shall | 17 |
| expire upon
March 31 of each year.
| 18 |
| Every person holding any license, permit, or stamp issued | 19 |
| under the
provisions of this Act shall have it in his | 20 |
| possession for immediate
presentation for inspection to the | 21 |
| officers and authorized employees of
the Department, any | 22 |
| sheriff, deputy sheriff, or any other peace officer making
a | 23 |
| demand for it. This provision shall not apply to Department | 24 |
| owned or
managed sites where it is required that all hunters | 25 |
| deposit their license or
,
permit , or Firearm Owner's | 26 |
| Identification Card at the check station upon
entering the | 27 |
| hunting areas.
| 28 |
| (Source: P.A. 93-554, eff. 8-20-03.)
| 29 |
| Section 40. The Criminal Code of 1961 is amended by | 30 |
| changing Sections 2-7.1, 12-4.2, 12-4.2-5, 24-1.1, 24-1.6, | 31 |
| 24-2, 24-3, 24-3.2, 24-3.4, 24-3.5, and 24-9, by changing and | 32 |
| renumbering Section 5/2-7.5, and by adding Section 24-4.5 as | 33 |
| follows:
| 34 |
| (720 ILCS 5/2-7.1)
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| Sec. 2-7.1. "Firearm
"Firearm" and "firearm ammunition". | 2 |
| "Firearm
"Firearm" and "firearm
ammunition" means any | 3 |
| self-contained cartridge or shotgun shell, by whatever name | 4 |
| known, which is designed to be used or adaptable to use in a | 5 |
| firearm; excluding, however: | 6 |
| (1) any ammunition exclusively designed for use with
a | 7 |
| device used exclusively for signalling or safety and required | 8 |
| or recommended by the United States Coast Guard or the | 9 |
| Interstate Commerce Commission; and | 10 |
| (2) any ammunition designed exclusively for use with
a stud | 11 |
| or rivet driver or other similar industrial ammunition
have the | 12 |
| meanings ascribed to them in Section 1.1 of the Firearm
Owners | 13 |
| Identification Card Act .
| 14 |
| (Source: P.A. 91-544, eff. 1-1-00.)
| 15 |
| (720 ILCS 5/2-7.5)
| 16 |
| Sec. 2-7.5
5/2-7.5 . "Firearm". | 17 |
| Except as otherwise provided in a specific
Section, "firearm" | 18 |
| means any device, by whatever name known, which is designed to | 19 |
| expel a projectile or projectiles by the action of an | 20 |
| explosion, expansion of gas or escape of gas; excluding, | 21 |
| however: | 22 |
| (1) any pneumatic gun, spring gun, paint ball gun or
B-B | 23 |
| gun which either expels a single globular projectile not | 24 |
| exceeding .18 inch in diameter and which has a maximum muzzle | 25 |
| velocity of less than 700 feet per second or breakable paint | 26 |
| balls containing washable marking colors; | 27 |
| (2) any device used exclusively for signalling or
safety | 28 |
| and required or recommended by the United States Coast Guard or | 29 |
| the Interstate Commerce Commission; | 30 |
| (3) any device used exclusively for the firing of
stud | 31 |
| cartridges, explosive rivets or similar industrial ammunition; | 32 |
| and | 33 |
| (4) an antique firearm (other than a machine-gun)
which, | 34 |
| although designed as a weapon, the Department of State Police | 35 |
| finds by reason of the date of its manufacture, value, design, |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| and other characteristics is primarily a collector's item and | 2 |
| is not likely to be used as a weapon
has the meaning ascribed | 3 |
| to it in Section 1.1 of the
Firearm Owners Identification Card | 4 |
| Act .
| 5 |
| (Source: P.A. 91-404, eff. 1-1-00.)
| 6 |
| (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2) | 7 |
| Sec. 12-4.2. Aggravated Battery with a firearm.
| 8 |
| (a) A person commits aggravated battery with a firearm when | 9 |
| he, in
committing a battery, knowingly or intentionally by | 10 |
| means of the discharging of
a firearm (1) causes any injury to | 11 |
| another person, or (2) causes any
injury to a person he knows | 12 |
| to be a peace officer, a community policing
volunteer, a | 13 |
| correctional institution employee or a fireman while the
| 14 |
| officer, volunteer, employee or fireman is engaged in the | 15 |
| execution of any
of his
official duties, or to prevent the | 16 |
| officer, volunteer, employee or fireman
from
performing his | 17 |
| official duties, or in retaliation for the officer,
volunteer, | 18 |
| employee or fireman performing his official duties, or (3)
| 19 |
| causes any
injury to a person he knows to be an emergency | 20 |
| medical technician - ambulance,
emergency medical technician - | 21 |
| intermediate, emergency medical technician -
paramedic, | 22 |
| ambulance driver, or other medical assistance or first aid
| 23 |
| personnel, employed by a municipality or other governmental | 24 |
| unit, while the
emergency medical technician - ambulance, | 25 |
| emergency medical technician -
intermediate, emergency medical | 26 |
| technician - paramedic, ambulance driver, or
other medical | 27 |
| assistance or first aid personnel is engaged in the execution | 28 |
| of
any of his official duties, or to prevent the emergency | 29 |
| medical technician -
ambulance, emergency medical technician - | 30 |
| intermediate, emergency medical
technician - paramedic, | 31 |
| ambulance driver, or other medical assistance or first
aid | 32 |
| personnel from performing his official duties, or in | 33 |
| retaliation for the
emergency medical technician - ambulance, | 34 |
| emergency medical technician -
intermediate, emergency medical | 35 |
| technician - paramedic, ambulance driver, or
other medical |
|
|
|
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LRB094 18563 RLC 53897 b |
|
| 1 |
| assistance or first aid personnel performing his official
| 2 |
| duties, (4) causes any injury to a person he or she knows to be | 3 |
| a
teacher
or other person employed in a school and the teacher | 4 |
| or other employee is upon
grounds of a school or grounds | 5 |
| adjacent to a school, or is in any part of a
building used for | 6 |
| school purposes, or (5) causes any injury to a person he or
she | 7 |
| knows to be an emergency
management worker while the emergency | 8 |
| management worker is engaged in the
execution of any of his or | 9 |
| her official duties, or to prevent the emergency
management | 10 |
| worker from performing his or her official
duties, or in | 11 |
| retaliation for the emergency management worker performing his | 12 |
| or
her official duties.
| 13 |
| (b) A violation of subsection (a)(1) of this Section is a | 14 |
| Class X felony.
A violation of subsection (a)(2), subsection | 15 |
| (a)(3),
subsection (a)(4), or subsection (a)(5) of this Section | 16 |
| is a
Class X felony for which the sentence shall be a term of | 17 |
| imprisonment of no
less than 15 years and no more than 60 | 18 |
| years.
| 19 |
| (c) For purposes of this Section, "firearm" is defined as | 20 |
| in Section 2-7.5 of this Code
"An Act
relating to the | 21 |
| acquisition, possession and transfer of firearms and
firearm | 22 |
| ammunition, to provide a penalty for the violation thereof and | 23 |
| to
make an appropriation in connection therewith", approved | 24 |
| August 1, 1967, as
amended .
| 25 |
| (Source: P.A. 94-243, eff. 1-1-06.)
| 26 |
| (720 ILCS 5/12-4.2-5)
| 27 |
| Sec. 12-4.2-5. Aggravated battery with a machine gun or a | 28 |
| firearm equipped
with any device or attachment designed or used | 29 |
| for silencing the report of a
firearm. (a) A person commits | 30 |
| aggravated battery with a
machine gun or a firearm equipped | 31 |
| with a device designed or used for silencing
the report of a | 32 |
| firearm
when he or she, in
committing a battery, knowingly or | 33 |
| intentionally by means of the discharging of
a
machine gun or a | 34 |
| firearm equipped with a device designed or used for silencing
| 35 |
| the report of a firearm
(1) causes any injury to another |
|
|
|
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LRB094 18563 RLC 53897 b |
|
| 1 |
| person, or (2) causes any
injury to a person he or she knows to | 2 |
| be a peace officer, a person summoned by
a
peace officer, a | 3 |
| correctional institution employee or a fireman while the
| 4 |
| officer, employee or fireman is engaged in the execution of any | 5 |
| of his
or her official duties, or to prevent the officer, | 6 |
| employee or fireman from
performing his or her official duties, | 7 |
| or in retaliation for the officer,
employee or fireman | 8 |
| performing his or her official duties, or (3) causes
any
injury | 9 |
| to a person he or she knows to be an emergency medical | 10 |
| technician -
ambulance,
emergency medical technician - | 11 |
| intermediate, emergency medical technician -
paramedic, | 12 |
| ambulance driver, or other medical assistance or first aid
| 13 |
| personnel, employed by a municipality or other governmental | 14 |
| unit, while the
emergency medical technician - ambulance, | 15 |
| emergency medical technician -
intermediate, emergency medical | 16 |
| technician - paramedic, ambulance driver, or
other medical | 17 |
| assistance or first aid personnel is engaged in the execution | 18 |
| of
any of his or her official duties, or to prevent the | 19 |
| emergency medical
technician - ambulance, emergency medical | 20 |
| technician - intermediate, emergency
medical
technician - | 21 |
| paramedic, ambulance driver, or other medical assistance or | 22 |
| first
aid personnel from performing his or her official duties, | 23 |
| or in retaliation for
the
emergency medical technician - | 24 |
| ambulance, emergency medical technician -
intermediate, | 25 |
| emergency medical technician - paramedic, ambulance driver, or
| 26 |
| other medical assistance or first aid personnel performing his | 27 |
| or her official
duties, or (4) causes any injury to a person he | 28 |
| or she knows to be an
emergency management worker
while the | 29 |
| emergency management worker is engaged in the execution of any | 30 |
| of his
or her official duties, or to prevent the emergency | 31 |
| management worker from
performing his or her official duties, | 32 |
| or in retaliation for the emergency
management worker | 33 |
| performing his or her official duties.
| 34 |
| (b) A violation of subsection (a) (1) of this Section is a | 35 |
| Class X felony
for which the person shall be sentenced to a | 36 |
| term of imprisonment of no less
than 12 years and no more than |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| 45 years.
A violation of subsection (a) (2), subsection (a) | 2 |
| (3), or
subsection (a) (4) of this Section is a
Class X felony | 3 |
| for which the sentence shall be a term of imprisonment of no
| 4 |
| less than 20 years and no more than 60 years.
| 5 |
| (c) For purposes of this Section, "firearm" is defined as | 6 |
| in Section 2-7.5 of this Code
the Firearm
Owners Identification | 7 |
| Card Act .
| 8 |
| (d) For purposes of this Section, "machine gun" has the | 9 |
| meaning ascribed to
it in clause (i) of paragraph (7) of | 10 |
| subsection (a) of Section 24-1 of this
Code.
| 11 |
| (Source: P.A. 94-243, eff. 1-1-06.)
| 12 |
| (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| 13 |
| Sec. 24-1.1. Unlawful Use or Possession of Weapons by | 14 |
| Felons or
Persons in the Custody of the
Department of | 15 |
| Corrections Facilities. | 16 |
| (a) It is unlawful
for a person to knowingly possess on or | 17 |
| about his person or on his land or
in his own abode or fixed | 18 |
| place of business any weapon prohibited under
Section 24-1 of | 19 |
| this Act or any firearm or any firearm ammunition if the
person | 20 |
| has been convicted of a felony under the laws of this State or | 21 |
| any
other jurisdiction. This Section shall not apply if the | 22 |
| person has been
granted relief by the United States Attorney | 23 |
| General under Section 925 of the federal Gun Control Act of | 24 |
| 1968 (Title 18 U.S.C. Section 925), as amended
Director of the | 25 |
| Department of State Police
under Section 10 of the Firearm | 26 |
| Owners Identification
Card Act .
| 27 |
| (b) It is unlawful for any person confined in a penal | 28 |
| institution,
which is a facility of the Illinois Department of | 29 |
| Corrections, to possess
any weapon prohibited under Section | 30 |
| 24-1 of this Code or any firearm or
firearm ammunition, | 31 |
| regardless of the intent with which he possesses it.
| 32 |
| (c) It shall be an affirmative defense to a violation of | 33 |
| subsection (b), that such possession was specifically | 34 |
| authorized by rule,
regulation, or directive of the Illinois | 35 |
| Department of Corrections or order
issued pursuant thereto.
|
|
|
|
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LRB094 18563 RLC 53897 b |
|
| 1 |
| (d) The defense of necessity is not available to a person | 2 |
| who is charged
with a violation of subsection (b) of this | 3 |
| Section.
| 4 |
| (e) Sentence. Violation of this Section by a person not | 5 |
| confined
in a penal institution shall be a Class 3 felony
for | 6 |
| which the person, if sentenced
to a term of imprisonment, shall | 7 |
| be sentenced to no less than 2 years and no
more than 10 years | 8 |
| and any second or subsequent violation shall be a Class 2 | 9 |
| felony for which the person shall be sentenced to a term of | 10 |
| imprisonment of not less than 3 years and not more than 14 | 11 |
| years. Violation of this Section by a person not confined in a
| 12 |
| penal institution who has been convicted of a forcible felony, | 13 |
| a felony
violation of Article 24 of this Code or of the Firearm | 14 |
| Owners Identification
Card Act , stalking or aggravated | 15 |
| stalking, or a Class 2 or greater felony
under the Illinois | 16 |
| Controlled Substances Act, the Cannabis Control Act, or the | 17 |
| Methamphetamine Control and Community Protection Act is a
Class | 18 |
| 2 felony for which the person
shall be sentenced to not less | 19 |
| than 3 years and not more than 14 years.
Violation of this | 20 |
| Section by a person who is on parole or mandatory supervised
| 21 |
| release is a Class 2 felony for which the person, if sentenced | 22 |
| to a term of
imprisonment, shall be sentenced to not less than | 23 |
| 3 years and not more than 14
years. Violation of this Section | 24 |
| by a person not confined in a penal
institution is a Class X | 25 |
| felony when the firearm possessed is a machine gun.
Any person | 26 |
| who violates this Section while confined in a penal
| 27 |
| institution, which is a facility of the Illinois Department of
| 28 |
| Corrections, is guilty of a Class 1
felony, if he possesses any | 29 |
| weapon prohibited under Section 24-1 of this
Code regardless of | 30 |
| the intent with which he possesses it, a Class X
felony if he | 31 |
| possesses any firearm, firearm ammunition or explosive, and a
| 32 |
| Class X felony for which the offender shall be sentenced to not | 33 |
| less than 12
years and not more than 50 years when the firearm | 34 |
| possessed is a machine
gun. A violation of this Section while | 35 |
| wearing or in possession of body armor as defined in Section | 36 |
| 33F-1 is a Class X felony punishable by a term of imprisonment |
|
|
|
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LRB094 18563 RLC 53897 b |
|
| 1 |
| of not less than 10 years and not more than 40 years.
The | 2 |
| possession of each firearm or firearm ammunition in violation | 3 |
| of this Section constitutes a single and separate violation.
| 4 |
| (Source: P.A. 93-906, eff. 8-11-04; 94-72, eff. 1-1-06; 94-284, | 5 |
| eff. 7-21-05; 94-556, eff. 9-11-05; revised 8-19-05.)
| 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 | 9 |
| of 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 or fixed | 13 |
| place of business any pistol, revolver, stun gun or taser | 14 |
| or
other firearm; or
| 15 |
| (2) Carries or possesses on or about his or her person, | 16 |
| upon any public
street, alley, or other public lands within | 17 |
| the corporate limits of a city,
village or incorporated | 18 |
| town, except when an invitee thereon or therein, for
the | 19 |
| purpose of the display of such weapon or the lawful | 20 |
| commerce in weapons, or
except when on his or her own land | 21 |
| or in his or her own abode or fixed place of
business, any | 22 |
| pistol, revolver, stun gun or taser or other firearm; and
| 23 |
| (3) One of the following factors is present:
| 24 |
| (A) the firearm possessed was uncased, loaded and | 25 |
| immediately accessible
at the time of the offense; or
| 26 |
| (B) the firearm possessed was uncased, unloaded | 27 |
| and the ammunition for
the weapon was immediately | 28 |
| accessible at the time of the offense; or
| 29 |
| (C) (blank)
the person possessing the firearm has | 30 |
| not been issued a currently
valid Firearm Owner's | 31 |
| Identification Card ; or
| 32 |
| (D) the person possessing the weapon was | 33 |
| previously adjudicated
a delinquent minor under the | 34 |
| Juvenile Court Act of 1987 for an act that if
committed | 35 |
| by an adult would be a felony; or
|
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| (E) the person possessing the weapon was engaged in | 2 |
| a misdemeanor
violation of the Cannabis
Control Act, in | 3 |
| a misdemeanor violation of the Illinois Controlled | 4 |
| Substances
Act, or in a misdemeanor violation of the | 5 |
| Methamphetamine Control and Community Protection Act; | 6 |
| or
| 7 |
| (F) the person possessing the weapon is a member of | 8 |
| a
street gang or is engaged in street gang related | 9 |
| activity, as defined in
Section 10 of the Illinois | 10 |
| Streetgang Terrorism Omnibus Prevention Act; 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 as defined | 20 |
| in Section 24-3, unless the person under 21
is engaged | 21 |
| in lawful activities under the Wildlife Code or | 22 |
| described in
subsection 24-2(b)(1), (b)(3), or | 23 |
| 24-2(f).
| 24 |
| (b) "Stun gun or taser" as used in this Section has the | 25 |
| same definition
given to it in Section 24-1 of this Code.
| 26 |
| (c) This Section does not apply to or affect the | 27 |
| transportation or
possession
of weapons that:
| 28 |
| (i) are broken down in a non-functioning state; or
| 29 |
| (ii) are not immediately accessible; or
| 30 |
| (iii) are unloaded and enclosed in a case, firearm | 31 |
| carrying box,
shipping box, or other container by a | 32 |
| person who has been issued a currently
valid Firearm | 33 |
| Owner's
Identification Card .
| 34 |
| (d) Sentence. Aggravated unlawful use of a weapon is a | 35 |
| Class 4 felony;
a second or subsequent offense is a Class 2 | 36 |
| felony for which the person shall be sentenced to a term of |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| imprisonment of not less than 3 years and not more than 7 | 2 |
| years. Aggravated unlawful use of
a weapon by a person who has | 3 |
| been previously
convicted of a felony in this State or another | 4 |
| jurisdiction is a Class 2
felony for which the person shall be | 5 |
| sentenced to a term of imprisonment of not less than 3 years | 6 |
| and not more than 7 years. Aggravated unlawful use of a weapon | 7 |
| while wearing or in possession of body armor as defined in | 8 |
| Section 33F-1 by a person who has not been issued a valid | 9 |
| Firearms Owner's Identification Card in accordance with | 10 |
| Section 5 of the Firearm Owners Identification Card Act is a | 11 |
| Class X felony.
The possession of each firearm in violation of | 12 |
| this Section constitutes a single and separate violation.
| 13 |
| (Source: P.A. 93-906, eff. 8-11-04; 94-72, eff. 1-1-06; 94-284, | 14 |
| eff. 7-21-05; 94-556, eff. 9-11-05; revised 8-19-05.)
| 15 |
| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| 16 |
| Sec. 24-2. Exemptions.
| 17 |
| (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and | 18 |
| Section
24-1.6 do not apply to
or affect any of the following:
| 19 |
| (1) Peace officers, and any person summoned by a peace | 20 |
| officer to
assist in making arrests or preserving the | 21 |
| peace, while actually engaged in
assisting such officer.
| 22 |
| (2) Wardens, superintendents and keepers of prisons,
| 23 |
| penitentiaries, jails and other institutions for the | 24 |
| detention of persons
accused or convicted of an offense, | 25 |
| while in the performance of their
official duty, or while | 26 |
| commuting between their homes and places of employment.
| 27 |
| (3) Members of the Armed Services or Reserve Forces of | 28 |
| the United States
or the Illinois National Guard or the | 29 |
| Reserve Officers Training Corps,
while in the performance | 30 |
| of their official duty.
| 31 |
| (4) Special agents employed by a railroad or a public | 32 |
| utility to
perform police functions, and guards of armored | 33 |
| car companies, while
actually engaged in the performance of | 34 |
| the duties of their employment or
commuting between their | 35 |
| homes and places of employment; and watchmen
while actually |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| engaged in the performance of the duties of their | 2 |
| employment.
| 3 |
| (5) Persons licensed as private security contractors, | 4 |
| private
detectives, or private alarm contractors, or | 5 |
| employed by an agency
certified by the Department of | 6 |
| Professional Regulation, if their duties
include the | 7 |
| carrying of a weapon under the provisions of the Private
| 8 |
| Detective, Private Alarm,
Private Security, and Locksmith | 9 |
| Act of 2004,
while actually
engaged in the performance of | 10 |
| the duties of their employment or commuting
between their | 11 |
| homes and places of employment, provided that such | 12 |
| commuting
is accomplished within one hour from departure | 13 |
| from home or place of
employment, as the case may be. | 14 |
| Persons exempted under this subdivision
(a)(5) shall be | 15 |
| required to have completed a course of
study in firearms | 16 |
| handling and training approved and supervised by the
| 17 |
| Department of Professional Regulation as prescribed by | 18 |
| Section 28 of the
Private Detective, Private Alarm,
Private | 19 |
| Security, and Locksmith Act of 2004, prior
to becoming | 20 |
| eligible for this exemption. The Department of | 21 |
| Professional
Regulation shall provide suitable | 22 |
| documentation demonstrating the
successful completion of | 23 |
| the prescribed firearms training. Such
documentation shall | 24 |
| be carried at all times when such persons are in
possession | 25 |
| of a concealable weapon.
| 26 |
| (6) Any person regularly employed in a commercial or | 27 |
| industrial
operation as a security guard for the protection | 28 |
| of persons employed
and private property related to such | 29 |
| commercial or industrial
operation, while actually engaged | 30 |
| in the performance of his or her
duty or traveling between | 31 |
| sites or properties belonging to the
employer, and who, as | 32 |
| a security guard, is a member of a security force of
at | 33 |
| least 5 persons registered with the Department of | 34 |
| Professional
Regulation; provided that such security guard | 35 |
| has successfully completed a
course of study, approved by | 36 |
| and supervised by the Department of
Professional |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| Regulation, consisting of not less than 40 hours of | 2 |
| training
that includes the theory of law enforcement, | 3 |
| liability for acts, and the
handling of weapons. A person | 4 |
| shall be considered eligible for this
exemption if he or | 5 |
| she has completed the required 20
hours of training for a | 6 |
| security officer and 20 hours of required firearm
training, | 7 |
| and has been issued a firearm authorization card by
the | 8 |
| Department of Professional Regulation. Conditions for the | 9 |
| renewal of
firearm authorization cards issued under the | 10 |
| provisions of this Section
shall be the same as for those | 11 |
| cards issued under the provisions of the
Private Detective, | 12 |
| Private Alarm,
Private Security, and Locksmith Act of 2004. | 13 |
| Such
firearm authorization card shall be carried by the | 14 |
| security guard at all
times when he or she is in possession | 15 |
| of a concealable weapon.
| 16 |
| (7) Agents and investigators of the Illinois | 17 |
| Legislative Investigating
Commission authorized by the | 18 |
| Commission to carry the weapons specified in
subsections | 19 |
| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 20 |
| any investigation for the Commission.
| 21 |
| (8) Persons employed by a financial institution for the | 22 |
| protection of
other employees and property related to such | 23 |
| financial institution, while
actually engaged in the | 24 |
| performance of their duties, commuting between
their homes | 25 |
| and places of employment, or traveling between sites or
| 26 |
| properties owned or operated by such financial | 27 |
| institution, provided that
any person so employed has | 28 |
| successfully completed a course of study,
approved by and | 29 |
| supervised by the Department of Professional Regulation,
| 30 |
| consisting of not less than 40 hours of training which | 31 |
| includes theory of
law enforcement, liability for acts, and | 32 |
| the handling of weapons.
A person shall be considered to be | 33 |
| eligible for this exemption if he or
she has completed the | 34 |
| required 20 hours of training for a security officer
and 20 | 35 |
| hours of required firearm training, and has been issued a
| 36 |
| firearm authorization card by the Department of |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| Professional Regulation.
Conditions for renewal of firearm | 2 |
| authorization cards issued under the
provisions of this | 3 |
| Section shall be the same as for those issued under the
| 4 |
| provisions of the Private Detective, Private Alarm,
| 5 |
| Private Security, and Locksmith Act of 2004.
Such firearm | 6 |
| authorization card shall be carried by the person so
| 7 |
| trained at all times when such person is in possession of a | 8 |
| concealable
weapon. For purposes of this subsection, | 9 |
| "financial institution" means a
bank, savings and loan | 10 |
| association, credit union or company providing
armored car | 11 |
| 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 officers | 16 |
| pursuant
to the Peace Officer Fire Investigation Act.
| 17 |
| (11) Investigators of the Office of the State's | 18 |
| Attorneys Appellate
Prosecutor authorized by the board of | 19 |
| governors of the Office of the
State's Attorneys Appellate | 20 |
| Prosecutor to carry weapons pursuant to
Section 7.06 of the | 21 |
| State's Attorneys Appellate Prosecutor's Act.
| 22 |
| (12) Special investigators appointed by a State's | 23 |
| Attorney under
Section 3-9005 of the Counties Code.
| 24 |
| (12.5) Probation officers while in the performance of | 25 |
| their duties, or
while commuting between their homes, | 26 |
| places of employment or specific locations
that are part of | 27 |
| their assigned duties, with the consent of the chief judge | 28 |
| of
the circuit for which they are employed.
| 29 |
| (13) Court Security Officers while in the performance | 30 |
| of their official
duties, or while commuting between their | 31 |
| homes and places of employment, with
the
consent of the | 32 |
| Sheriff.
| 33 |
| (13.5) A person employed as an armed security guard at | 34 |
| a nuclear energy,
storage, weapons or development site or | 35 |
| facility regulated by the Nuclear
Regulatory Commission | 36 |
| who has completed the background screening and training
|
|
|
|
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LRB094 18563 RLC 53897 b |
|
| 1 |
| mandated by the rules and regulations of the Nuclear | 2 |
| Regulatory Commission.
| 3 |
| (14) Manufacture, transportation, or sale of weapons | 4 |
| to
persons
authorized under subdivisions (1) through | 5 |
| (13.5) of this
subsection
to
possess those weapons.
| 6 |
| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 7 |
| 24-1.6 do not
apply to or affect
any of the following:
| 8 |
| (1) Members of any club or organization organized for | 9 |
| the purpose of
practicing shooting at targets upon | 10 |
| established target ranges, whether
public or private, and | 11 |
| patrons of such ranges, while such members
or patrons are | 12 |
| using their firearms on those target ranges.
| 13 |
| (2) Duly authorized military or civil organizations | 14 |
| while parading,
with the special permission of the | 15 |
| Governor.
| 16 |
| (3) Hunters, trappers or fishermen with a license or
| 17 |
| permit while engaged in hunting,
trapping or fishing.
| 18 |
| (4) Transportation of weapons that are broken down in a
| 19 |
| non-functioning state or are not immediately accessible.
| 20 |
| (c) Subsection 24-1(a)(7) does not apply to or affect any | 21 |
| of the
following:
| 22 |
| (1) Peace officers while in performance of their | 23 |
| official duties.
| 24 |
| (2) Wardens, superintendents and keepers of prisons, | 25 |
| penitentiaries,
jails and other institutions for the | 26 |
| detention of persons accused or
convicted of an offense.
| 27 |
| (3) Members of the Armed Services or Reserve Forces of | 28 |
| the United States
or the Illinois National Guard, while in | 29 |
| the performance of their official
duty.
| 30 |
| (4) Manufacture, transportation, or sale of machine | 31 |
| guns to persons
authorized under subdivisions (1) through | 32 |
| (3) of this subsection to
possess machine guns, if the | 33 |
| machine guns are broken down in a
non-functioning state or | 34 |
| are not immediately accessible.
| 35 |
| (5) Persons licensed under federal law to manufacture | 36 |
| any weapon from
which 8 or more shots or bullets can be |
|
|
|
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LRB094 18563 RLC 53897 b |
|
| 1 |
| discharged by a
single function of the firing device, or | 2 |
| ammunition for such weapons, and
actually engaged in the | 3 |
| business of manufacturing such weapons or
ammunition, but | 4 |
| only with respect to activities which are within the lawful
| 5 |
| scope of such business, such as the manufacture, | 6 |
| transportation, or testing
of such weapons or ammunition. | 7 |
| This exemption does not authorize the
general private | 8 |
| possession of any weapon from which 8 or more
shots or | 9 |
| bullets can be discharged by a single function of the | 10 |
| firing
device, but only such possession and activities as | 11 |
| are within the lawful
scope of a licensed manufacturing | 12 |
| business described in this paragraph.
| 13 |
| During transportation, such weapons shall be broken | 14 |
| down in a
non-functioning state or not immediately | 15 |
| accessible.
| 16 |
| (6) The manufacture, transport, testing, delivery, | 17 |
| transfer or sale,
and all lawful commercial or experimental | 18 |
| activities necessary thereto, of
rifles, shotguns, and | 19 |
| weapons made from rifles or shotguns,
or ammunition for | 20 |
| such rifles, shotguns or weapons, where engaged in
by a | 21 |
| person operating as a contractor or subcontractor pursuant | 22 |
| to a
contract or subcontract for the development and supply | 23 |
| of such rifles,
shotguns, weapons or ammunition to the | 24 |
| United States government or any
branch of the Armed Forces | 25 |
| of the United States, when such activities are
necessary | 26 |
| and incident to fulfilling the terms of such contract.
| 27 |
| The exemption granted under this subdivision (c)(6)
| 28 |
| shall also apply to any authorized agent of any such | 29 |
| contractor or
subcontractor who is operating within the | 30 |
| scope of his employment, where
such activities involving | 31 |
| such weapon, weapons or ammunition are necessary
and | 32 |
| incident to fulfilling the terms of such contract.
| 33 |
| During transportation, any such weapon shall be broken | 34 |
| down in a
non-functioning state, or not immediately | 35 |
| accessible.
| 36 |
| (d) Subsection 24-1(a)(1) does not apply to the purchase, |
|
|
|
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LRB094 18563 RLC 53897 b |
|
| 1 |
| possession
or carrying of a black-jack or slung-shot by a peace | 2 |
| officer.
| 3 |
| (e) Subsection 24-1(a)(8) does not apply to any owner, | 4 |
| manager or
authorized employee of any place specified in that | 5 |
| subsection nor to any
law enforcement officer.
| 6 |
| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 7 |
| Section 24-1.6
do not apply
to members of any club or | 8 |
| organization organized for the purpose of practicing
shooting | 9 |
| at targets upon established target ranges, whether public or | 10 |
| private,
while using their firearms on those target ranges.
| 11 |
| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 12 |
| to:
| 13 |
| (1) Members of the Armed Services or Reserve Forces of | 14 |
| the United
States or the Illinois National Guard, while in | 15 |
| the performance of their
official duty.
| 16 |
| (2) Bonafide collectors of antique or surplus military | 17 |
| ordinance.
| 18 |
| (3) Laboratories having a department of forensic | 19 |
| ballistics, or
specializing in the development of | 20 |
| ammunition or explosive ordinance.
| 21 |
| (4) Commerce, preparation, assembly or possession of | 22 |
| explosive
bullets by manufacturers of ammunition licensed | 23 |
| by the federal government,
in connection with the supply of | 24 |
| those organizations and persons exempted
by subdivision | 25 |
| (g)(1) of this Section, or like organizations and persons
| 26 |
| outside this State, or the transportation of explosive | 27 |
| bullets to any
organization or person exempted in this | 28 |
| Section by a common carrier or by a
vehicle owned or leased | 29 |
| by an exempted manufacturer.
| 30 |
| (g-5) Subsection 24-1(a)(6) does not apply to or affect | 31 |
| persons licensed
under federal law to manufacture any device or | 32 |
| attachment of any kind designed,
used, or intended for use in | 33 |
| silencing the report of any firearm, firearms, or
ammunition
| 34 |
| for those firearms equipped with those devices, and actually | 35 |
| engaged in the
business of manufacturing those devices, | 36 |
| firearms, or ammunition, but only with
respect to
activities |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| that are within the lawful scope of that business, such as the
| 2 |
| manufacture, transportation, or testing of those devices, | 3 |
| firearms, or
ammunition. This
exemption does not authorize the | 4 |
| general private possession of any device or
attachment of any | 5 |
| kind designed, used, or intended for use in silencing the
| 6 |
| report of any firearm, but only such possession and activities | 7 |
| as are within
the
lawful scope of a licensed manufacturing | 8 |
| business described in this subsection
(g-5). During | 9 |
| transportation, those devices shall be detached from any weapon
| 10 |
| or
not immediately accessible.
| 11 |
| (h) An information or indictment based upon a violation of | 12 |
| any
subsection of this Article need not negative any exemptions | 13 |
| contained in
this Article. The defendant shall have the burden | 14 |
| of proving such an
exemption.
| 15 |
| (i) Nothing in this Article shall prohibit, apply to, or | 16 |
| affect
the transportation, carrying, or possession, of any | 17 |
| pistol or revolver,
stun gun, taser, or other firearm consigned | 18 |
| to a common carrier operating
under license of the State of | 19 |
| Illinois or the federal government, where
such transportation, | 20 |
| carrying, or possession is incident to the lawful
| 21 |
| transportation in which such common carrier is engaged; and | 22 |
| nothing in this
Article shall prohibit, apply to, or affect the | 23 |
| transportation, carrying,
or possession of any pistol, | 24 |
| revolver, stun gun, taser, or other firearm,
not the subject of | 25 |
| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 26 |
| this Article, which is unloaded and enclosed in a case, firearm
| 27 |
| carrying box, shipping box, or other container , by the | 28 |
| possessor of a valid
Firearm Owners Identification Card .
| 29 |
| (Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, | 30 |
| eff. 8-5-03;
93-576, eff. 1-1-04; revised
9-15-03.)
| 31 |
| (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 32 |
| Sec. 24-3. Unlawful Sale of Firearms.
| 33 |
| (A) A person commits the offense of unlawful sale of | 34 |
| firearms when he
or she knowingly does any of the following:
| 35 |
| (a) Sells or gives any firearm of a size which may be |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| concealed upon the
person to any person under 18 years of | 2 |
| age.
| 3 |
| (b) Sells or gives any firearm to a person under 21 | 4 |
| years of age who has
been convicted of a misdemeanor other | 5 |
| than a traffic offense or adjudged
delinquent.
| 6 |
| (c) Sells or gives any firearm to any narcotic addict.
| 7 |
| (d) Sells or gives any firearm to any person who has | 8 |
| been convicted of a
felony under the laws of this or any | 9 |
| other jurisdiction.
| 10 |
| (e) Sells or gives any firearm to any person who has | 11 |
| been a patient in a
mental hospital within the past 5 | 12 |
| years.
| 13 |
| (f) Sells or gives any firearms to any person who is | 14 |
| mentally
retarded.
| 15 |
| (g) Delivers any firearm of a size which may be | 16 |
| concealed upon the
person, incidental to a sale, without | 17 |
| withholding delivery of such firearm
for at least 72 hours | 18 |
| after application for its purchase has been made, or
| 19 |
| delivers any rifle, shotgun or other long gun, or a stun | 20 |
| gun or taser, incidental to a sale,
without withholding | 21 |
| delivery of such rifle, shotgun or other long gun, or a | 22 |
| stun gun or taser for
at least 24 hours after application | 23 |
| for its purchase has been made.
However,
this paragraph (g) | 24 |
| does not apply to: (1) the sale of a firearm
to a law | 25 |
| enforcement officer if the seller of the firearm knows that | 26 |
| the person to whom he or she is selling the firearm is a | 27 |
| law enforcement officer or the sale of a firearm to a | 28 |
| person who desires to purchase a firearm for
use in | 29 |
| promoting the public interest incident to his or her | 30 |
| employment as a
bank guard, armed truck guard, or other | 31 |
| similar employment; (2) a mail
order sale of a firearm to a | 32 |
| nonresident of Illinois under which the firearm
is mailed | 33 |
| to a point outside the boundaries of Illinois; (3) the sale
| 34 |
| of a firearm to a nonresident of Illinois while at a | 35 |
| firearm showing or display
recognized by the Illinois | 36 |
| Department of State Police; or (4) the sale of a
firearm to |
|
|
|
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LRB094 18563 RLC 53897 b |
|
| 1 |
| a dealer licensed as a federal firearms dealer under | 2 |
| Section 923
of the federal Gun Control Act of 1968 (18 | 3 |
| U.S.C. 923). For purposes of this paragraph (g), | 4 |
| "application" means when the buyer and seller reach an | 5 |
| agreement to purchase a firearm.
| 6 |
| (h) While holding any license
as a dealer,
importer, | 7 |
| manufacturer or pawnbroker
under the federal Gun Control | 8 |
| Act of 1968,
manufactures, sells or delivers to any | 9 |
| unlicensed person a handgun having
a barrel, slide, frame | 10 |
| or receiver which is a die casting of zinc alloy or
any | 11 |
| other nonhomogeneous metal which will melt or deform at a | 12 |
| temperature
of less than 800 degrees Fahrenheit. For | 13 |
| purposes of this paragraph, (1)
"firearm" is defined as in | 14 |
| Section 2-7.5 of this Code
the Firearm Owners | 15 |
| Identification Card Act ; and (2)
"handgun" is defined as a | 16 |
| firearm designed to be held
and fired by the use of a | 17 |
| single hand, and includes a combination of parts from
which | 18 |
| such a firearm can be assembled.
| 19 |
| (i) Sells or gives a firearm of any size to any person | 20 |
| under 18 years of
age who does not possess a valid Firearm | 21 |
| Owner's Identification Card .
| 22 |
| (j) Sells or gives a firearm while engaged in the | 23 |
| business of selling
firearms at wholesale or retail without | 24 |
| being licensed as a federal firearms
dealer under Section | 25 |
| 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | 26 |
| In this paragraph (j):
| 27 |
| A person "engaged in the business" means a person who | 28 |
| devotes time,
attention, and
labor to
engaging in the | 29 |
| activity as a regular course of trade or business with the
| 30 |
| principal objective of livelihood and profit, but does not | 31 |
| include a person who
makes occasional repairs of firearms | 32 |
| or who occasionally fits special barrels,
stocks, or | 33 |
| trigger mechanisms to firearms.
| 34 |
| "With the principal objective of livelihood and | 35 |
| profit" means that the
intent
underlying the sale or | 36 |
| disposition of firearms is predominantly one of
obtaining |
|
|
|
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LRB094 18563 RLC 53897 b |
|
| 1 |
| livelihood and pecuniary gain, as opposed to other intents, | 2 |
| such as
improving or liquidating a personal firearms | 3 |
| collection; however, proof of
profit shall not be required | 4 |
| as to a person who engages in the regular and
repetitive | 5 |
| purchase and disposition of firearms for criminal purposes | 6 |
| or
terrorism.
| 7 |
| (k) (Blank).
Sells or transfers ownership of a firearm | 8 |
| to a person who does not display to the seller or | 9 |
| transferor of the firearm a currently valid Firearm Owner's | 10 |
| Identification Card that has previously been issued in the | 11 |
| transferee's name by the Department of State Police under | 12 |
| the provisions of the Firearm Owners Identification Card | 13 |
| Act. This paragraph (k) does not apply to the transfer of a | 14 |
| firearm to a person who is exempt from the requirement of | 15 |
| possessing a Firearm Owner's Identification Card under | 16 |
| Section 2 of the Firearm Owners Identification Card Act. | 17 |
| For the purposes of this Section, a currently valid Firearm | 18 |
| Owner's Identification Card means (i) a Firearm Owner's | 19 |
| Identification Card that has not expired or (ii) if the | 20 |
| transferor is licensed as a federal firearms dealer under | 21 |
| Section 923 of the federal Gun Control Act of 1968 (18 | 22 |
| U.S.C. 923), an approval number issued in accordance with | 23 |
| Section 3.1 of the Firearm Owners Identification Card Act | 24 |
| shall be proof that the Firearm Owner's Identification Card | 25 |
| was valid. | 26 |
| (B) Paragraph (h) of subsection (A) does not include | 27 |
| firearms sold within 6
months after enactment of Public
Act | 28 |
| 78-355 (approved August 21, 1973, effective October 1, 1973), | 29 |
| nor is any
firearm legally owned or
possessed by any citizen or | 30 |
| purchased by any citizen within 6 months after the
enactment of | 31 |
| Public Act 78-355 subject
to confiscation or seizure under the | 32 |
| provisions of that Public Act. Nothing in
Public Act 78-355 | 33 |
| shall be construed to prohibit the gift or trade of
any firearm | 34 |
| if that firearm was legally held or acquired within 6 months | 35 |
| after
the enactment of that Public Act.
| 36 |
| (C) Sentence.
|
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| (1) Any person convicted of unlawful sale of firearms | 2 |
| in violation of
any of paragraphs (c) through (h) of | 3 |
| subsection (A) commits a Class
4
felony.
| 4 |
| (2) Any person convicted of unlawful sale of firearms | 5 |
| in violation of
paragraph (b) or (i) of subsection (A) | 6 |
| commits a Class 3 felony.
| 7 |
| (3) Any person convicted of unlawful sale of firearms | 8 |
| in violation of
paragraph (a) of subsection (A) commits a | 9 |
| Class 2 felony.
| 10 |
| (4) Any person convicted of unlawful sale of firearms | 11 |
| in violation of
paragraph (a), (b), or (i) of subsection | 12 |
| (A) in any school, on the real
property comprising a | 13 |
| school, within 1,000 feet of the real property comprising
a | 14 |
| school, at a school related activity, or on or within 1,000 | 15 |
| feet of any
conveyance owned, leased, or contracted by a | 16 |
| school or school district to
transport students to or from | 17 |
| school or a school related activity,
regardless of the time | 18 |
| of day or time of year at which the offense
was committed, | 19 |
| commits a Class 1 felony. Any person convicted of a second
| 20 |
| or subsequent violation of unlawful sale of firearms in | 21 |
| violation of paragraph
(a), (b), or (i) of subsection (A) | 22 |
| in any school, on the real property
comprising a school, | 23 |
| within 1,000 feet of the real property comprising a
school, | 24 |
| at a school related activity, or on or within 1,000 feet of | 25 |
| any
conveyance owned, leased, or contracted by a school or | 26 |
| school district to
transport students to or from school or | 27 |
| a school related activity,
regardless of the time of day or | 28 |
| time of year at which the offense
was committed, commits a | 29 |
| Class 1 felony for which the sentence shall be a
term of | 30 |
| imprisonment of no less than 5 years and no more than 15 | 31 |
| years.
| 32 |
| (5) Any person convicted of unlawful sale of firearms | 33 |
| in violation of
paragraph (a) or (i) of subsection (A) in | 34 |
| residential property owned,
operated, or managed by a | 35 |
| public housing agency or leased by a public housing
agency | 36 |
| as part of a scattered site or mixed-income development, in |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| a public
park, in a
courthouse, on residential property | 2 |
| owned, operated, or managed by a public
housing agency or | 3 |
| leased by a public housing agency as part of a scattered | 4 |
| site
or mixed-income development, on the real property | 5 |
| comprising any public park,
on the real
property comprising | 6 |
| any courthouse, or on any public way within 1,000 feet
of | 7 |
| the real property comprising any public park, courthouse, | 8 |
| or residential
property owned, operated, or managed by a | 9 |
| public housing agency or leased by a
public housing agency | 10 |
| as part of a scattered site or mixed-income development
| 11 |
| commits a
Class 2 felony.
| 12 |
| (6) Any person convicted of unlawful sale of firearms | 13 |
| in violation of
paragraph (j) of subsection (A) commits a | 14 |
| Class A misdemeanor. A second or
subsequent violation is a | 15 |
| Class 4 felony. | 16 |
| (7) (Blank).
Any person convicted of unlawful sale of | 17 |
| firearms in violation of paragraph (k) of subsection (A) | 18 |
| commits a Class 4 felony. A third or subsequent conviction | 19 |
| for a violation of paragraph (k) of subsection (A) is a | 20 |
| Class 1 felony.
| 21 |
| (D) For purposes of this Section:
| 22 |
| "School" means a public or private elementary or secondary | 23 |
| school,
community college, college, or university.
| 24 |
| "School related activity" means any sporting, social, | 25 |
| academic, or
other activity for which students' attendance or | 26 |
| participation is sponsored,
organized, or funded in whole or in | 27 |
| part by a school or school district.
| 28 |
| (E) A prosecution for a violation of paragraph (k) of | 29 |
| subsection (A) of this Section may be commenced within 6 years | 30 |
| after the commission of the offense. A prosecution for a | 31 |
| violation of this Section other than paragraph (g) of | 32 |
| subsection (A) of this Section may be commenced within 5 years | 33 |
| after the commission of the offense defined in the particular | 34 |
| paragraph.
| 35 |
| (Source: P.A. 93-162, eff. 7-10-03; 93-906, eff. 8-11-04; 94-6, | 36 |
| eff. 1-1-06; 94-284, eff. 7-21-05; revised 8-19-05.)
|
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 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 | 4 |
| firearm projectiles when he
or she knowingly
or recklessly uses | 5 |
| an armor piercing bullet, dragon's
breath shotgun shell, bolo | 6 |
| shell, or flechette
shell
in violation of
this Section.
| 7 |
| For purposes of this Section:
| 8 |
| "Armor piercing bullet" means
any handgun bullet or handgun | 9 |
| ammunition with projectiles or projectile cores
constructed | 10 |
| entirely (excluding the presence of traces of other substances)
| 11 |
| from tungsten alloys, steel, iron, brass, bronze, beryllium | 12 |
| copper
or depleted uranium, or fully jacketed bullets larger | 13 |
| than 22 caliber whose
jacket
has a weight of more than 25% of | 14 |
| the total weight of the projectile, and
excluding those handgun
| 15 |
| projectiles whose cores are composed of soft materials such as | 16 |
| lead or lead
alloys, zinc or zinc alloys, frangible projectiles | 17 |
| designed primarily for
sporting purposes, and any
other | 18 |
| projectiles or projectile cores that the U. S. Secretary of the | 19 |
| Treasury
finds to be primarily intended to be used for sporting | 20 |
| purposes or industrial
purposes or that otherwise does not | 21 |
| constitute "armor piercing ammunition" as
that term is defined | 22 |
| by federal law.
| 23 |
| "Dragon's breath shotgun shell" means any shotgun shell | 24 |
| that contains
exothermic pyrophoric mesh metal as the | 25 |
| projectile and is designed for the
purpose of throwing or | 26 |
| spewing a flame or fireball to simulate a flame-thrower.
| 27 |
| "Bolo shell" means any shell that can be fired in a firearm | 28 |
| and expels as
projectiles 2 or more metal balls connected by | 29 |
| solid metal wire.
| 30 |
| "Flechette shell" means any shell that can be fired in a | 31 |
| firearm and expels
2 or more pieces of fin-stabilized solid | 32 |
| metal wire or 2 or more solid
dart-type
projectiles.
| 33 |
| (b) A person commits a Class X felony when he or she, | 34 |
| knowing that a
firearm,
as defined in Section 2-7.5 of this | 35 |
| Code
1.1 of the Firearm Owners Identification Card
Act , is |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| loaded with an armor
piercing bullet, dragon's breath shotgun | 2 |
| shell, bolo
shell, or flechette
shell,
intentionally or | 3 |
| recklessly discharges such firearm and such bullet or
shell | 4 |
| strikes
any other person.
| 5 |
| (c) Any person who possesses, concealed on or about his or | 6 |
| her person,
an armor
piercing bullet, dragon's breath shotgun | 7 |
| shell, bolo
shell, or flechette
shell
and a firearm suitable | 8 |
| for the discharge thereof is guilty
of a Class 2 felony.
| 9 |
| (d) This Section does not apply to or affect any of the | 10 |
| following:
| 11 |
| (1) Peace officers;
| 12 |
| (2) Wardens, superintendents and keepers of prisons, | 13 |
| penitentiaries, jails
and other institutions for the | 14 |
| detention of persons accused or convicted of an
offense;
| 15 |
| (3) Members of the Armed Services or Reserve Forces of | 16 |
| the United States
or the Illinois National Guard while in | 17 |
| the performance of their official
duties;
| 18 |
| (4) Federal officials required to carry firearms, | 19 |
| while engaged in the
performance of their official duties;
| 20 |
| (5) United States Marshals, while engaged in the | 21 |
| performance of their
official duties.
| 22 |
| (Source: P.A. 92-423, eff. 1-1-02.)
| 23 |
| (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
| 24 |
| Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
| 25 |
| (a) It shall be unlawful for any person who holds a license | 26 |
| to sell at
retail any alcoholic liquor issued by the Illinois | 27 |
| Liquor Control
Commission or local liquor control commissioner | 28 |
| under the Liquor Control Act
of 1934 or an agent or employee of | 29 |
| the licensee to sell or deliver to any
other person a firearm | 30 |
| in or on the real property of the establishment
where the | 31 |
| licensee is licensed to sell alcoholic liquors unless the sale | 32 |
| or
delivery of the firearm is otherwise lawful under this | 33 |
| Article and under the
Firearm Owners Identification Card Act .
| 34 |
| (b) Sentence. A violation of subsection (a) of this Section | 35 |
| is a
Class 4 felony.
|
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| (Source: P.A. 87-591.)
| 2 |
| (720 ILCS 5/24-3.5)
| 3 |
| Sec. 24-3.5. Unlawful purchase of a firearm.
| 4 |
| (a) For purposes of this Section,
"firearms transaction | 5 |
| record form" means a form:
| 6 |
| (1) executed by a transferee
of a firearm stating: (i) | 7 |
| the transferee's name and address (including county
or | 8 |
| similar political subdivision); (ii) whether the | 9 |
| transferee is a citizen of
the United States;
(iii) the | 10 |
| transferee's State of residence; and (iv) the date and | 11 |
| place of
birth, height, weight, and race of the transferee; | 12 |
| and
| 13 |
| (2) on which the transferee certifies that he or she is | 14 |
| not
prohibited by federal law from transporting or shipping | 15 |
| a firearm
in interstate or foreign commerce or receiving a | 16 |
| firearm that has been shipped
or transported in interstate | 17 |
| or foreign commerce or possessing a firearm in or
affecting | 18 |
| commerce.
| 19 |
| (b) A person commits the offense of unlawful purchase of a | 20 |
| firearm who
knowingly purchases or attempts to purchase a
| 21 |
| firearm with the intent to deliver that firearm to another | 22 |
| person who
is prohibited by federal or State law from | 23 |
| possessing a firearm.
| 24 |
| (c) A person commits the offense of unlawful purchase of a | 25 |
| firearm when he
or she, in purchasing or attempting to purchase | 26 |
| a firearm, intentionally
provides false or
misleading | 27 |
| information on a United States Department of the Treasury, | 28 |
| Bureau of
Alcohol, Tobacco and Firearms firearms transaction | 29 |
| record form.
| 30 |
| (d) Exemption. It is not a violation of subsection (b) of | 31 |
| this Section for a
person to make a gift or loan of a firearm to | 32 |
| a
person who is not
prohibited by federal or State law from | 33 |
| possessing a firearm
if the transfer of the firearm
is made in | 34 |
| accordance with Section 3 of the Firearm Owners Identification | 35 |
| Card
Act .
|
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| (e) Sentence.
| 2 |
| (1) A person who commits the offense of unlawful | 3 |
| purchase of a
firearm:
| 4 |
| (A) is guilty of a Class 4 felony for purchasing or | 5 |
| attempting to
purchase one firearm;
| 6 |
| (B) is guilty of a Class 3 felony for purchasing or | 7 |
| attempting to
purchase not less than 2
firearms and not | 8 |
| more than 5 firearms at the same time or within a one
| 9 |
| year period;
| 10 |
| (C) is guilty of a Class 2 felony for purchasing or | 11 |
| attempting to
purchase not less than 6
firearms and not | 12 |
| more than 10 firearms at the same time or within a 2
| 13 |
| year period;
| 14 |
| (D) is guilty of a Class 1 felony for purchasing or | 15 |
| attempting to
purchase not less than
11 firearms and | 16 |
| not more than 20 firearms at the same time or within a | 17 |
| 3
year period;
| 18 |
| (E) is guilty of a Class X felony for which the | 19 |
| person shall be
sentenced to a term of imprisonment of | 20 |
| not less than 6 years and not more
than 30 years for | 21 |
| purchasing or attempting to purchase
not less than 21 | 22 |
| firearms and not more
than 30 firearms at the same time | 23 |
| or within a 4 year period;
| 24 |
| (F) is guilty of a Class X felony for which the | 25 |
| person shall be
sentenced to a term of imprisonment of | 26 |
| not less than 6 years and not
more than 40 years for | 27 |
| purchasing or attempting to purchase
not less than 31 | 28 |
| firearms and not
more than 40 firearms at the same time | 29 |
| or within a 5 year period;
| 30 |
| (G) is guilty of a Class X felony for which the | 31 |
| person shall be
sentenced to a term of imprisonment of | 32 |
| not less than 6 years and not
more than 50 years for | 33 |
| purchasing or attempting to purchase
more than 40 | 34 |
| firearms at the same
time or within a 6 year period.
| 35 |
| (2) In addition to any other penalty that may be | 36 |
| imposed for a violation
of this Section, the court may |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| sentence a person convicted of a violation of
subsection | 2 |
| (c) of this Section to a fine not to exceed $250,000 for | 3 |
| each
violation.
| 4 |
| (f) A prosecution for unlawful purchase of a firearm may be | 5 |
| commenced within 6 years after the commission of the offense.
| 6 |
| (Source: P.A. 93-451, eff. 8-7-03; 93-906, eff. 8-11-04.)
| 7 |
| (720 ILCS 5/24-4.5 new)
| 8 |
| Sec. 24-4.5. Dial up system. | 9 |
| (a) The Department of State Police shall provide
a dial up | 10 |
| telephone system or utilize other existing technology which | 11 |
| shall be used by any federally licensed
firearm dealer, gun | 12 |
| show promoter, or gun show vendor who is to transfer a firearm, | 13 |
| stun gun, or taser under the provisions of this
Code. The | 14 |
| Department of State Police may utilize existing technology | 15 |
| which
allows the caller to be charged a fee not to exceed $2. | 16 |
| Fees collected by the Department of
State Police shall be | 17 |
| deposited in the State Police Services Fund and used
to provide | 18 |
| the service. | 19 |
| (b) Upon receiving a request from a federally licensed | 20 |
| firearm dealer, gun show promoter, or gun show vendor, the
| 21 |
| Department of State Police shall immediately approve, or within | 22 |
| the time
period established by Section 24-3 of this Code | 23 |
| regarding
the delivery of firearms, stun guns, and tasers | 24 |
| notify the inquiring dealer, gun show promoter, or gun show | 25 |
| vendor of any objection that
would disqualify the transferee | 26 |
| from acquiring or possessing a firearm, stun gun, or taser. In
| 27 |
| conducting the inquiry, the Department of State Police shall | 28 |
| initiate and
complete an automated search of its criminal | 29 |
| history record information
files and those of the Federal | 30 |
| Bureau of Investigation, including the
National Instant | 31 |
| Criminal Background Check System, and of the files of
the | 32 |
| Department of Human Services relating to mental health and
| 33 |
| developmental disabilities to obtain
any felony conviction or | 34 |
| patient hospitalization information which would
disqualify a | 35 |
| person from obtaining a firearm. |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| (c) If receipt of a firearm would not violate Section 24-3 | 2 |
| of this Code or federal law, the Department of State Police | 3 |
| shall:
| 4 |
| (1) assign a unique identification number to the | 5 |
| transfer; and | 6 |
| (2) provide the licensee, gun show promoter, or gun | 7 |
| show vendor with the number. | 8 |
| (d) Approvals issued by the Department of State Police for | 9 |
| the purchase of a firearm are valid for 30 days from the date | 10 |
| of issue.
| 11 |
| (e) The Department of State Police must act as the Illinois | 12 |
| Point of Contact
for the National Instant Criminal Background | 13 |
| Check System. | 14 |
| (f) The Department of State Police shall promulgate rules | 15 |
| not inconsistent with this Section to implement this
system.
| 16 |
| (720 ILCS 5/24-9)
| 17 |
| Sec. 24-9. Firearms; Child Protection.
| 18 |
| (a) Except as provided in
subsection (c), it is unlawful
| 19 |
| for any person to
store or leave, within premises under his or | 20 |
| her control, a firearm if
the
person knows or has reason to | 21 |
| believe that a minor under the age of 14
years who does not | 22 |
| have a Firearm Owners Identification Card is likely to gain
| 23 |
| access to the firearm without the lawful permission
of the | 24 |
| minor's parent, guardian, or person having charge of the minor, | 25 |
| and
the minor causes death or great bodily harm with the | 26 |
| firearm, unless
the firearm is:
| 27 |
| (1) secured by a device or mechanism, other than the | 28 |
| firearm safety,
designed to render a firearm temporarily | 29 |
| inoperable; or
| 30 |
| (2) placed in a securely locked box or container; or
| 31 |
| (3) placed in some other location that a reasonable | 32 |
| person would
believe to be secure from a minor under the | 33 |
| age of 14 years.
| 34 |
| (b) Sentence. A person who violates this Section is guilty | 35 |
| of a Class C
misdemeanor and shall be fined not less than |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| $1,000. A second or subsequent
violation of this Section is a | 2 |
| Class A misdemeanor.
| 3 |
| (c) Subsection (a) does not apply:
| 4 |
| (1) if the minor under 14 years of age gains access to | 5 |
| a
firearm and uses it in a lawful act of self-defense or | 6 |
| defense of another; or
| 7 |
| (2) to any firearm obtained by a minor under the age of | 8 |
| 14 because of
an unlawful entry of the premises by the | 9 |
| minor or another person.
| 10 |
| (d) For the purposes of this Section, "firearm" has the | 11 |
| meaning ascribed
to it in Section 2-7.5 of this Code
1.1 of the | 12 |
| Firearm Owners Identification Card Act .
| 13 |
| (Source: P.A. 91-18, eff. 1-1-00.)
| 14 |
| Section 45. The Marks and Serial Numbers Act is amended by | 15 |
| changing Section 1 as follows:
| 16 |
| (720 ILCS 335/1) (from Ch. 121 1/2, par. 157.13)
| 17 |
| Sec. 1. Any person who removes, alters, defaces, covers or | 18 |
| destroys the
manufacturers' serial number or any other | 19 |
| manufacturers' number or
distinguishing identification mark | 20 |
| upon any machine or other article of
merchandise, other than a | 21 |
| motor vehicle as defined in Section 1-146 of the
Illinois | 22 |
| Vehicle Code or a firearm as defined in Section 2-7.5 of the | 23 |
| Criminal Code of 1961
the Firearm Owners Identification Card | 24 |
| Act , for the purpose of concealing or destroying the
identity | 25 |
| of such machine or other article of merchandise shall be guilty | 26 |
| of
a Class B misdemeanor.
| 27 |
| (Source: P.A. 93-906, eff. 8-11-04.)
| 28 |
| Section 50. The Methamphetamine Control and Community | 29 |
| Protection Act is amended by changing Section 10 as follows: | 30 |
| (720 ILCS 646/10)
| 31 |
| Sec. 10. Definitions. As used in this Act: | 32 |
| "Anhydrous ammonia" has the meaning provided in subsection |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| (d) of Section 3 of the Illinois Fertilizer Act of 1961.
| 2 |
| "Anhydrous ammonia equipment" means all items used to | 3 |
| store, hold, contain, handle, transfer, transport, or apply | 4 |
| anhydrous ammonia for lawful purposes.
| 5 |
| "Booby trap" means any device designed to cause physical | 6 |
| injury when triggered by an act of a person approaching, | 7 |
| entering, or moving through a structure, a vehicle, or any | 8 |
| location where methamphetamine has been manufactured, is being | 9 |
| manufactured, or is intended to be manufactured.
| 10 |
| "Deliver" or "delivery" has the meaning provided in | 11 |
| subsection (h) of Section 102 of the Illinois Controlled | 12 |
| Substances Act.
| 13 |
| "Director" means the Director of State Police or the | 14 |
| Director's designated agents.
| 15 |
| "Dispose" or "disposal" means to abandon, discharge, | 16 |
| release, deposit, inject, dump, spill, leak, or place | 17 |
| methamphetamine waste onto or into any land, water, or well of | 18 |
| any type so that the waste has the potential to enter the | 19 |
| environment, be emitted into the air, or be discharged into the | 20 |
| soil or any waters, including groundwater.
| 21 |
| "Emergency response" means the act of collecting evidence, | 22 |
| securing a methamphetamine laboratory site, methamphetamine | 23 |
| waste site or other methamphetamine-related site and cleaning | 24 |
| up the site, whether these actions are performed by public | 25 |
| entities or private contractors paid by public entities.
| 26 |
| "Emergency service provider" means a local, State, or | 27 |
| federal peace officer, firefighter, emergency medical | 28 |
| technician-ambulance, emergency
medical | 29 |
| technician-intermediate, emergency medical | 30 |
| technician-paramedic, ambulance driver, or other medical or | 31 |
| first aid personnel rendering aid, or any agent or designee of | 32 |
| the foregoing.
| 33 |
| "Finished methamphetamine" means methamphetamine in a form | 34 |
| commonly used for personal consumption. | 35 |
| "Firearm" has the meaning provided in Section 2-7.5 of the | 36 |
| Criminal Code of 1961
1.1 of the Firearm Owners Identification |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| Card Act .
| 2 |
| "Manufacture" means to produce, prepare, compound, | 3 |
| convert, process, synthesize, concentrate, purify, separate, | 4 |
| extract, or package any methamphetamine, methamphetamine | 5 |
| precursor, methamphetamine manufacturing catalyst, | 6 |
| methamphetamine manufacturing reagent, methamphetamine | 7 |
| manufacturing solvent, or any substance containing any of the | 8 |
| foregoing.
| 9 |
| "Methamphetamine" means the chemical methamphetamine (a | 10 |
| Schedule II controlled substance under the Illinois Controlled | 11 |
| Substances Act) or any salt, optical isomer, salt of optical | 12 |
| isomer, or analog thereof, with the exception of | 13 |
| 3,4-Methylenedioxymethamphetamine (MDMA) or any other | 14 |
| scheduled substance with a separate listing under the Illinois | 15 |
| Controlled Substances Act. | 16 |
| "Methamphetamine manufacturing catalyst" means any | 17 |
| substance that has been used, is being used, or is intended to | 18 |
| be used to activate, accelerate, extend, or improve a chemical | 19 |
| reaction involved in the manufacture of methamphetamine.
| 20 |
| "Methamphetamine manufacturing environment" means a | 21 |
| structure or vehicle in which:
| 22 |
| (1) methamphetamine is being or has been manufactured;
| 23 |
| (2) chemicals that are being used, have been used, or | 24 |
| are intended to be used to manufacture methamphetamine are | 25 |
| stored;
| 26 |
| (3) methamphetamine manufacturing materials that have | 27 |
| been used to manufacture methamphetamine are stored; or
| 28 |
| (4) methamphetamine manufacturing waste is stored.
| 29 |
| "Methamphetamine manufacturing material" means any | 30 |
| methamphetamine precursor, substance containing any | 31 |
| methamphetamine precursor, methamphetamine manufacturing | 32 |
| catalyst, substance containing any methamphetamine | 33 |
| manufacturing catalyst, methamphetamine manufacturing reagent, | 34 |
| substance containing any methamphetamine manufacturing | 35 |
| reagent, methamphetamine manufacturing solvent, substance | 36 |
| containing any methamphetamine manufacturing solvent, or any |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| other chemical, substance, ingredient, equipment, apparatus, | 2 |
| or item that is being used, has been used, or is intended to be | 3 |
| used in the manufacture of methamphetamine.
| 4 |
| "Methamphetamine manufacturing reagent" means any | 5 |
| substance other than a methamphetamine manufacturing catalyst | 6 |
| that has been used, is being used, or is intended to be used to | 7 |
| react with and chemically alter any methamphetamine precursor. | 8 |
| "Methamphetamine manufacturing solvent" means any | 9 |
| substance that has been used, is being used, or is intended to | 10 |
| be used as a medium in which any methamphetamine precursor, | 11 |
| methamphetamine manufacturing catalyst, methamphetamine | 12 |
| manufacturing reagent, or any substance containing any of the | 13 |
| foregoing is dissolved, diluted, or washed during any part of | 14 |
| the methamphetamine manufacturing process.
| 15 |
| "Methamphetamine manufacturing waste" means any chemical, | 16 |
| substance, ingredient, equipment, apparatus, or item that is | 17 |
| left over from, results from, or is produced by the process of | 18 |
| manufacturing methamphetamine, other than finished | 19 |
| methamphetamine.
| 20 |
| "Methamphetamine precursor" means ephedrine, | 21 |
| pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, | 22 |
| phenylacetone, phenyl-2-propanone, P2P, or any salt, optical | 23 |
| isomer, or salt of an optical isomer of any of these chemicals.
| 24 |
| "Multi-unit dwelling" means a unified structure used or | 25 |
| intended for use as a habitation, home, or residence that | 26 |
| contains 2 or more condominiums, apartments, hotel rooms, motel | 27 |
| rooms, or other living units.
| 28 |
| "Package" means an item marked for retail sale that is not | 29 |
| designed to be further broken down or subdivided for the | 30 |
| purpose of retail sale.
| 31 |
| "Participate" or "participation" in the manufacture of | 32 |
| methamphetamine means to produce, prepare, compound, convert, | 33 |
| process, synthesize, concentrate, purify, separate, extract, | 34 |
| or package any methamphetamine, methamphetamine precursor, | 35 |
| methamphetamine manufacturing catalyst, methamphetamine | 36 |
| manufacturing reagent, methamphetamine manufacturing solvent, |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| or any substance containing any of the foregoing, or to assist | 2 |
| in any of these actions, or to attempt to take any of these | 3 |
| actions, regardless of whether this action or these actions | 4 |
| result in the production of finished methamphetamine.
| 5 |
| "Person with a disability" means a person who suffers from | 6 |
| a permanent physical or mental impairment resulting from | 7 |
| disease, injury, functional disorder, or congenital condition | 8 |
| which renders the person incapable of adequately providing for | 9 |
| his or her own health and personal care.
| 10 |
| "Procure" means to purchase, steal, gather, or otherwise | 11 |
| obtain, by legal or illegal means, or to cause another to take | 12 |
| such action.
| 13 |
| "Second or subsequent offense" means an offense under this | 14 |
| Act committed by an offender who previously committed an | 15 |
| offense under this Act, the Illinois Controlled Substances Act, | 16 |
| the Cannabis Control Act, or another Act of this State, another | 17 |
| state, or the United States relating to methamphetamine, | 18 |
| cannabis, or any other controlled substance.
| 19 |
| "Standard dosage form", as used in relation to any | 20 |
| methamphetamine precursor, means that the methamphetamine | 21 |
| precursor is contained in a pill, tablet, capsule, caplet, gel | 22 |
| cap, or liquid cap that has been manufactured by a lawful | 23 |
| entity and contains a standard quantity of methamphetamine | 24 |
| precursor.
| 25 |
| "Unauthorized container", as used in relation to anhydrous | 26 |
| ammonia, means any container that is not designed for the | 27 |
| specific and sole purpose of holding, storing, transporting, or | 28 |
| applying anhydrous ammonia. "Unauthorized container" includes, | 29 |
| but is not limited to, any propane tank, fire extinguisher, | 30 |
| oxygen cylinder, gasoline can, food or beverage cooler, or | 31 |
| compressed gas cylinder used in dispensing fountain drinks. | 32 |
| "Unauthorized container" does not encompass anhydrous ammonia | 33 |
| manufacturing plants, refrigeration systems
where anhydrous | 34 |
| ammonia is used solely as a refrigerant, anhydrous ammonia | 35 |
| transportation pipelines, anhydrous ammonia tankers, or | 36 |
| anhydrous ammonia barges.
|
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| (Source: P.A. 94-556, eff. 9-11-05.) | 2 |
| Section 55. The Unified Code of Corrections is amended by | 3 |
| changing Sections 5-5-3 and 5-5-3.2 as follows:
| 4 |
| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 5 |
| Sec. 5-5-3. Disposition.
| 6 |
| (a) Except as provided in Section 11-501 of the Illinois | 7 |
| Vehicle Code, every person convicted of an offense shall be | 8 |
| sentenced as provided
in this Section.
| 9 |
| (b) The following options shall be appropriate | 10 |
| dispositions, alone
or in combination, for all felonies and | 11 |
| misdemeanors other than those
identified in subsection (c) of | 12 |
| this Section:
| 13 |
| (1) A period of probation.
| 14 |
| (2) A term of periodic imprisonment.
| 15 |
| (3) A term of conditional discharge.
| 16 |
| (4) A term of imprisonment.
| 17 |
| (5) An order directing the offender to clean up and | 18 |
| repair the
damage, if the offender was convicted under | 19 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 | 20 |
| (now repealed).
| 21 |
| (6) A fine.
| 22 |
| (7) An order directing the offender to make restitution | 23 |
| to the
victim under Section 5-5-6 of this Code.
| 24 |
| (8) A sentence of participation in a county impact | 25 |
| incarceration
program under Section 5-8-1.2 of this Code. | 26 |
| (9) A term of imprisonment in combination with a term | 27 |
| of probation when the offender has been admitted into a | 28 |
| drug court program under Section 20 of the Drug Court | 29 |
| Treatment Act.
| 30 |
| Neither a fine nor restitution shall be the sole | 31 |
| disposition
for a felony and either or both may be imposed only | 32 |
| in conjunction with
another disposition.
| 33 |
| (c) (1) When a defendant is found guilty of first degree | 34 |
| murder the
State may either seek a sentence of imprisonment |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| under Section 5-8-1 of
this Code, or where appropriate seek | 2 |
| a sentence of death under Section 9-1
of the Criminal Code | 3 |
| of 1961.
| 4 |
| (2) A period of probation, a term of periodic | 5 |
| imprisonment or
conditional discharge shall not be imposed | 6 |
| for the following offenses.
The court shall sentence the | 7 |
| offender to not less than the minimum term
of imprisonment | 8 |
| set forth in this Code for the following offenses, and
may | 9 |
| order a fine or restitution or both in conjunction with | 10 |
| such term of
imprisonment:
| 11 |
| (A) First degree murder where the death penalty is | 12 |
| not 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
| 16 |
| Illinois Controlled Substances Act, or a violation of | 17 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | 18 |
| which relates to more than 5 grams of a substance
| 19 |
| containing heroin or cocaine or an analog thereof.
| 20 |
| (E) A violation of Section 5.1 or 9 of the Cannabis | 21 |
| Control
Act.
| 22 |
| (F) A Class 2 or greater felony if the offender had | 23 |
| been convicted
of a Class 2 or greater felony within 10 | 24 |
| years of the date on which the
offender
committed the | 25 |
| offense for which he or she is being sentenced, except | 26 |
| as
otherwise provided in Section 40-10 of the | 27 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
| 28 |
| (F-5) A violation of Section 24-1, 24-1.1, or | 29 |
| 24-1.6 of the Criminal Code of 1961 for which | 30 |
| imprisonment is prescribed in those Sections.
| 31 |
| (G) Residential burglary, except as otherwise | 32 |
| provided in Section 40-10
of the Alcoholism and Other | 33 |
| Drug Abuse and Dependency Act.
| 34 |
| (H) Criminal sexual assault.
| 35 |
| (I) Aggravated battery of a senior citizen.
| 36 |
| (J) A forcible felony if the offense was related to |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| the activities of an
organized gang.
| 2 |
| Before July 1, 1994, for the purposes of this | 3 |
| paragraph, "organized
gang" means an association of 5 | 4 |
| or more persons, with an established hierarchy,
that | 5 |
| encourages members of the association to perpetrate | 6 |
| crimes or provides
support to the members of the | 7 |
| association who do commit crimes.
| 8 |
| Beginning July 1, 1994, for the purposes of this | 9 |
| paragraph,
"organized gang" has the meaning ascribed | 10 |
| to it in Section 10 of the Illinois
Streetgang | 11 |
| Terrorism Omnibus Prevention Act.
| 12 |
| (K) Vehicular hijacking.
| 13 |
| (L) A second or subsequent conviction for the | 14 |
| offense of hate crime
when the underlying offense upon | 15 |
| which the hate crime is based is felony
aggravated
| 16 |
| assault or felony mob action.
| 17 |
| (M) A second or subsequent conviction for the | 18 |
| offense of institutional
vandalism if the damage to the | 19 |
| property exceeds $300.
| 20 |
| (N) (Blank).
A Class 3 felony violation of | 21 |
| paragraph (1) of subsection (a) of
Section 2 of the | 22 |
| Firearm Owners Identification Card Act.
| 23 |
| (O) A violation of Section 12-6.1 of the Criminal | 24 |
| Code of 1961.
| 25 |
| (P) A violation of paragraph (1), (2), (3), (4), | 26 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 27 |
| Criminal Code of 1961.
| 28 |
| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 29 |
| Criminal Code of
1961.
| 30 |
| (R) A violation of Section 24-3A of the Criminal | 31 |
| Code of
1961.
| 32 |
| (S) (Blank).
| 33 |
| (T) A second or subsequent violation of the | 34 |
| Methamphetamine Control and Community Protection Act.
| 35 |
| (3) (Blank).
| 36 |
| (4) A minimum term of imprisonment of not less than 10
|
|
|
|
SB2963 |
- 46 - |
LRB094 18563 RLC 53897 b |
|
| 1 |
| consecutive days or 30 days of community service shall be | 2 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 3 |
| of the Illinois Vehicle Code.
| 4 |
| (4.1) (Blank).
| 5 |
| (4.2) Except as provided in paragraph (4.3) of this | 6 |
| subsection (c), a
minimum of
100 hours of community service | 7 |
| shall be imposed for a second violation of
Section 6-303
of | 8 |
| the Illinois Vehicle Code.
| 9 |
| (4.3) A minimum term of imprisonment of 30 days or 300 | 10 |
| hours of community
service, as determined by the court, | 11 |
| shall
be imposed for a second violation of subsection (c) | 12 |
| of Section 6-303 of the
Illinois Vehicle Code.
| 13 |
| (4.4) Except as provided in paragraph (4.5) and | 14 |
| paragraph (4.6) of this
subsection (c), a
minimum term of | 15 |
| imprisonment of 30 days or 300 hours of community service, | 16 |
| as
determined by the court, shall
be imposed
for a third or | 17 |
| subsequent violation of Section 6-303 of the Illinois | 18 |
| Vehicle
Code.
| 19 |
| (4.5) A minimum term of imprisonment of 30 days
shall | 20 |
| be imposed for a third violation of subsection (c) of
| 21 |
| Section 6-303 of the Illinois Vehicle Code.
| 22 |
| (4.6) A minimum term of imprisonment of 180 days shall | 23 |
| be imposed for a
fourth or subsequent violation of | 24 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 25 |
| Code.
| 26 |
| (5) The court may sentence an offender convicted of a | 27 |
| business
offense or a petty offense or a corporation or | 28 |
| unincorporated
association convicted of any offense to:
| 29 |
| (A) a period of conditional discharge;
| 30 |
| (B) a fine;
| 31 |
| (C) make restitution to the victim under Section | 32 |
| 5-5-6 of this Code.
| 33 |
| (5.1) In addition to any penalties imposed under | 34 |
| paragraph (5) of this
subsection (c), and except as | 35 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 36 |
| violating subsection (c) of Section 11-907 of the Illinois
|
|
|
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| Vehicle Code shall have his or her driver's license, | 2 |
| permit, or privileges
suspended for at least 90 days but | 3 |
| not more than one year, if the violation
resulted in damage | 4 |
| to the property of another person.
| 5 |
| (5.2) In addition to any penalties imposed under | 6 |
| paragraph (5) of this
subsection (c), and except as | 7 |
| provided in paragraph (5.3), a person convicted
of | 8 |
| violating subsection (c) of Section 11-907 of the Illinois | 9 |
| Vehicle Code
shall have his or her driver's license, | 10 |
| permit, or privileges suspended for at
least 180 days but | 11 |
| not more than 2 years, if the violation resulted in injury
| 12 |
| to
another person.
| 13 |
| (5.3) In addition to any penalties imposed under | 14 |
| paragraph (5) of
this
subsection (c), a person convicted of | 15 |
| violating subsection (c) of Section
11-907 of the Illinois | 16 |
| Vehicle Code shall have his or her driver's license,
| 17 |
| permit, or privileges suspended for 2 years, if the | 18 |
| violation resulted in the
death of another person.
| 19 |
| (6) In no case shall an offender be eligible for a | 20 |
| disposition of
probation or conditional discharge for a | 21 |
| Class 1 felony committed while
he was serving a term of | 22 |
| probation or conditional discharge for a felony.
| 23 |
| (7) When a defendant is adjudged a habitual criminal | 24 |
| under Article
33B of the Criminal Code of 1961, the court | 25 |
| shall sentence
the defendant to a term of natural life | 26 |
| imprisonment.
| 27 |
| (8) When a defendant, over the age of 21 years, is | 28 |
| convicted of a
Class 1 or Class 2 felony, after having | 29 |
| twice been convicted
in any state or
federal court of an | 30 |
| offense that contains the same elements as an offense now
| 31 |
| classified in Illinois as a Class 2 or greater Class felony
| 32 |
| and such charges are
separately brought and tried and arise | 33 |
| out of different series of acts,
such defendant shall be | 34 |
| sentenced as a Class X offender. This paragraph
shall not | 35 |
| apply unless (1) the first felony was committed after the
| 36 |
| effective date of this amendatory Act of 1977; and (2) the |
|
|
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| second felony
was committed after conviction on the first; | 2 |
| and (3) the third felony
was committed after conviction on | 3 |
| the second.
A person sentenced as a Class X offender under | 4 |
| this paragraph is not
eligible to apply for treatment as a | 5 |
| condition of probation as provided by
Section 40-10 of the | 6 |
| Alcoholism and Other Drug Abuse and Dependency Act.
| 7 |
| (9) A defendant convicted of a second or subsequent | 8 |
| offense of ritualized
abuse of a child may be sentenced to | 9 |
| a term of natural life imprisonment.
| 10 |
| (10) (Blank).
| 11 |
| (11) The court shall impose a minimum fine of $1,000 | 12 |
| for a first offense
and $2,000 for a second or subsequent | 13 |
| offense upon a person convicted of or
placed on supervision | 14 |
| for battery when the individual harmed was a sports
| 15 |
| official or coach at any level of competition and the act | 16 |
| causing harm to the
sports
official or coach occurred | 17 |
| within an athletic facility or within the immediate | 18 |
| vicinity
of the athletic facility at which the sports | 19 |
| official or coach was an active
participant
of the athletic | 20 |
| contest held at the athletic facility. For the purposes of
| 21 |
| this paragraph (11), "sports official" means a person at an | 22 |
| athletic contest
who enforces the rules of the contest, | 23 |
| such as an umpire or referee; "athletic facility" means an | 24 |
| indoor or outdoor playing field or recreational area where | 25 |
| sports activities are conducted;
and "coach" means a person | 26 |
| recognized as a coach by the sanctioning
authority that | 27 |
| conducted the sporting event. | 28 |
| (12) A person may not receive a disposition of court | 29 |
| supervision for a
violation of Section 5-16 of the Boat | 30 |
| Registration and Safety Act if that
person has previously | 31 |
| received a disposition of court supervision for a
violation | 32 |
| of that Section.
| 33 |
| (d) In any case in which a sentence originally imposed is | 34 |
| vacated,
the case shall be remanded to the trial court. The | 35 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 36 |
| Unified Code of Corrections
which may include evidence of the |
|
|
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| defendant's life, moral character and
occupation during the | 2 |
| time since the original sentence was passed. The
trial court | 3 |
| shall then impose sentence upon the defendant. The trial
court | 4 |
| may impose any sentence which could have been imposed at the
| 5 |
| original trial subject to Section 5-5-4 of the Unified Code of | 6 |
| Corrections.
If a sentence is vacated on appeal or on | 7 |
| collateral attack due to the
failure of the trier of fact at | 8 |
| trial to determine beyond a reasonable doubt
the
existence of a | 9 |
| fact (other than a prior conviction) necessary to increase the
| 10 |
| punishment for the offense beyond the statutory maximum | 11 |
| otherwise applicable,
either the defendant may be re-sentenced | 12 |
| to a term within the range otherwise
provided or, if the State | 13 |
| files notice of its intention to again seek the
extended | 14 |
| sentence, the defendant shall be afforded a new trial.
| 15 |
| (e) In cases where prosecution for
aggravated criminal | 16 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 17 |
| results in conviction of a defendant
who was a family member of | 18 |
| the victim at the time of the commission of the
offense, the | 19 |
| court shall consider the safety and welfare of the victim and
| 20 |
| may impose a sentence of probation only where:
| 21 |
| (1) the court finds (A) or (B) or both are appropriate:
| 22 |
| (A) the defendant is willing to undergo a court | 23 |
| approved counseling
program for a minimum duration of 2 | 24 |
| years; or
| 25 |
| (B) the defendant is willing to participate in a | 26 |
| court approved plan
including but not limited to the | 27 |
| defendant's:
| 28 |
| (i) removal from the household;
| 29 |
| (ii) restricted contact with the victim;
| 30 |
| (iii) continued financial support of the | 31 |
| family;
| 32 |
| (iv) restitution for harm done to the victim; | 33 |
| and
| 34 |
| (v) compliance with any other measures that | 35 |
| the court may
deem appropriate; and
| 36 |
| (2) the court orders the defendant to pay for the |
|
|
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| victim's counseling
services, to the extent that the court | 2 |
| finds, after considering the
defendant's income and | 3 |
| assets, that the defendant is financially capable of
paying | 4 |
| for such services, if the victim was under 18 years of age | 5 |
| at the
time the offense was committed and requires | 6 |
| counseling as a result of the
offense.
| 7 |
| Probation may be revoked or modified pursuant to Section | 8 |
| 5-6-4; except
where the court determines at the hearing that | 9 |
| the defendant violated a
condition of his or her probation | 10 |
| restricting contact with the victim or
other family members or | 11 |
| commits another offense with the victim or other
family | 12 |
| members, the court shall revoke the defendant's probation and
| 13 |
| impose a term of imprisonment.
| 14 |
| For the purposes of this Section, "family member" and | 15 |
| "victim" shall have
the meanings ascribed to them in Section | 16 |
| 12-12 of the Criminal Code of
1961.
| 17 |
| (f) This Article shall not deprive a court in other | 18 |
| proceedings to
order a forfeiture of property, to suspend or | 19 |
| cancel a license, to
remove a person from office, or to impose | 20 |
| any other civil penalty.
| 21 |
| (g) Whenever a defendant is convicted of an offense under | 22 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 23 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 24 |
| of the Criminal Code of 1961,
the defendant shall undergo | 25 |
| medical testing to
determine whether the defendant has any | 26 |
| sexually transmissible disease,
including a test for infection | 27 |
| with human immunodeficiency virus (HIV) or
any other identified | 28 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 29 |
| Any such medical test shall be performed only by appropriately
| 30 |
| licensed medical practitioners and may include an analysis of | 31 |
| any bodily
fluids as well as an examination of the defendant's | 32 |
| person.
Except as otherwise provided by law, the results of | 33 |
| such test shall be kept
strictly confidential by all medical | 34 |
| personnel involved in the testing and must
be personally | 35 |
| delivered in a sealed envelope to the judge of the court in | 36 |
| which
the conviction was entered for the judge's inspection in |
|
|
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| camera. Acting in
accordance with the best interests of the | 2 |
| victim and the public, the judge
shall have the discretion to | 3 |
| determine to whom, if anyone, the results of the
testing may be | 4 |
| revealed. The court shall notify the defendant
of the test | 5 |
| results. The court shall
also notify the victim if requested by | 6 |
| the victim, and if the victim is under
the age of 15 and if | 7 |
| requested by the victim's parents or legal guardian, the
court | 8 |
| shall notify the victim's parents or legal guardian of the test
| 9 |
| results.
The court shall provide information on the | 10 |
| availability of HIV testing
and counseling at Department of | 11 |
| Public Health facilities to all parties to
whom the results of | 12 |
| the testing are revealed and shall direct the State's
Attorney | 13 |
| to provide the information to the victim when possible.
A | 14 |
| State's Attorney may petition the court to obtain the results | 15 |
| of any HIV test
administered under this Section, and the court | 16 |
| shall grant the disclosure if
the State's Attorney shows it is | 17 |
| relevant in order to prosecute a charge of
criminal | 18 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 19 |
| of 1961
against the defendant. The court shall order that the | 20 |
| cost of any such test
shall be paid by the county and may be | 21 |
| taxed as costs against the convicted
defendant.
| 22 |
| (g-5) When an inmate is tested for an airborne communicable | 23 |
| disease, as
determined by the Illinois Department of Public | 24 |
| Health including but not
limited to tuberculosis, the results | 25 |
| of the test shall be
personally delivered by the warden or his | 26 |
| or her designee in a sealed envelope
to the judge of the court | 27 |
| in which the inmate must appear for the judge's
inspection in | 28 |
| camera if requested by the judge. Acting in accordance with the
| 29 |
| best interests of those in the courtroom, the judge shall have | 30 |
| the discretion
to determine what if any precautions need to be | 31 |
| taken to prevent transmission
of the disease in the courtroom.
| 32 |
| (h) Whenever a defendant is convicted of an offense under | 33 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 34 |
| defendant shall undergo
medical testing to determine whether | 35 |
| the defendant has been exposed to human
immunodeficiency virus | 36 |
| (HIV) or any other identified causative agent of
acquired |
|
|
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| 1 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 2 |
| by
law, the results of such test shall be kept strictly | 3 |
| confidential by all
medical personnel involved in the testing | 4 |
| and must be personally delivered in a
sealed envelope to the | 5 |
| judge of the court in which the conviction was entered
for the | 6 |
| judge's inspection in camera. Acting in accordance with the | 7 |
| best
interests of the public, the judge shall have the | 8 |
| discretion to determine to
whom, if anyone, the results of the | 9 |
| testing may be revealed. The court shall
notify the defendant | 10 |
| of a positive test showing an infection with the human
| 11 |
| immunodeficiency virus (HIV). The court shall provide | 12 |
| information on the
availability of HIV testing and counseling | 13 |
| at Department of Public Health
facilities to all parties to | 14 |
| whom the results of the testing are revealed and
shall direct | 15 |
| the State's Attorney to provide the information to the victim | 16 |
| when
possible. A State's Attorney may petition the court to | 17 |
| obtain the results of
any HIV test administered under this | 18 |
| Section, and the court shall grant the
disclosure if the | 19 |
| State's Attorney shows it is relevant in order to prosecute a
| 20 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 21 |
| the Criminal
Code of 1961 against the defendant. The court | 22 |
| shall order that the cost of any
such test shall be paid by the | 23 |
| county and may be taxed as costs against the
convicted | 24 |
| defendant.
| 25 |
| (i) All fines and penalties imposed under this Section for | 26 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 27 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 28 |
| any violation
of the Child Passenger Protection Act, or a | 29 |
| similar provision of a local
ordinance, shall be collected and | 30 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 31 |
| of the Clerks of Courts Act.
| 32 |
| (j) In cases when prosecution for any violation of Section | 33 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 34 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 35 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 36 |
| Code of 1961, any violation of the Illinois Controlled |
|
|
|
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|
| 1 |
| Substances Act,
any violation of the Cannabis Control Act, or | 2 |
| any violation of the Methamphetamine Control and Community | 3 |
| Protection Act results in conviction, a
disposition of court | 4 |
| supervision, or an order of probation granted under
Section 10 | 5 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 6 |
| Controlled Substance Act, or Section 70 of the Methamphetamine | 7 |
| Control and Community Protection Act of a defendant, the court | 8 |
| shall determine whether the
defendant is employed by a facility | 9 |
| or center as defined under the Child Care
Act of 1969, a public | 10 |
| or private elementary or secondary school, or otherwise
works | 11 |
| with children under 18 years of age on a daily basis. When a | 12 |
| defendant
is so employed, the court shall order the Clerk of | 13 |
| the Court to send a copy of
the judgment of conviction or order | 14 |
| of supervision or probation to the
defendant's employer by | 15 |
| certified mail.
If the employer of the defendant is a school, | 16 |
| the Clerk of the Court shall
direct the mailing of a copy of | 17 |
| the judgment of conviction or order of
supervision or probation | 18 |
| to the appropriate regional superintendent of schools.
The | 19 |
| regional superintendent of schools shall notify the State Board | 20 |
| of
Education of any notification under this subsection.
| 21 |
| (j-5) A defendant at least 17 years of age who is convicted | 22 |
| of a felony and
who has not been previously convicted of a | 23 |
| misdemeanor or felony and who is
sentenced to a term of | 24 |
| imprisonment in the Illinois Department of Corrections
shall as | 25 |
| a condition of his or her sentence be required by the court to | 26 |
| attend
educational courses designed to prepare the defendant | 27 |
| for a high school diploma
and to work toward a high school | 28 |
| diploma or to work toward passing the high
school level Test of | 29 |
| General Educational Development (GED) or to work toward
| 30 |
| completing a vocational training program offered by the | 31 |
| Department of
Corrections. If a defendant fails to complete the | 32 |
| educational training
required by his or her sentence during the | 33 |
| term of incarceration, the Prisoner
Review Board shall, as a | 34 |
| condition of mandatory supervised release, require the
| 35 |
| defendant, at his or her own expense, to pursue a course of | 36 |
| study toward a high
school diploma or passage of the GED test. |
|
|
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| 1 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 2 |
| release of a defendant who wilfully fails to
comply with this | 3 |
| subsection (j-5) upon his or her release from confinement in a
| 4 |
| penal institution while serving a mandatory supervised release | 5 |
| term; however,
the inability of the defendant after making a | 6 |
| good faith effort to obtain
financial aid or pay for the | 7 |
| educational training shall not be deemed a wilful
failure to | 8 |
| comply. The Prisoner Review Board shall recommit the defendant
| 9 |
| whose mandatory supervised release term has been revoked under | 10 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 11 |
| subsection (j-5) does not apply to a
defendant who has a high | 12 |
| school diploma or has successfully passed the GED
test. This | 13 |
| subsection (j-5) does not apply to a defendant who is | 14 |
| determined by
the court to be developmentally disabled or | 15 |
| otherwise mentally incapable of
completing the educational or | 16 |
| vocational program.
| 17 |
| (k) A court may not impose a sentence or disposition for a
| 18 |
| felony or misdemeanor that requires the defendant to be | 19 |
| implanted or injected
with or to use any form of birth control.
| 20 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 21 |
| (l), whenever a defendant,
who is an alien as defined by | 22 |
| the Immigration and Nationality Act, is convicted
of any | 23 |
| felony or misdemeanor offense, the court after sentencing | 24 |
| the defendant
may, upon motion of the State's Attorney, | 25 |
| hold sentence in abeyance and remand
the defendant to the | 26 |
| custody of the Attorney General of
the United States or his | 27 |
| or her designated agent to be deported when:
| 28 |
| (1) a final order of deportation has been issued | 29 |
| against the defendant
pursuant to proceedings under | 30 |
| the Immigration and Nationality Act, and
| 31 |
| (2) the deportation of the defendant would not | 32 |
| deprecate the seriousness
of the defendant's conduct | 33 |
| and would not be inconsistent with the ends of
justice.
| 34 |
| Otherwise, the defendant shall be sentenced as | 35 |
| provided in this Chapter V.
| 36 |
| (B) If the defendant has already been sentenced for a |
|
|
|
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| 1 |
| felony or
misdemeanor
offense, or has been placed on | 2 |
| probation under Section 10 of the Cannabis
Control Act,
| 3 |
| Section 410 of the Illinois Controlled Substances Act, or | 4 |
| Section 70 of the Methamphetamine Control and Community | 5 |
| Protection Act, the court
may, upon motion of the State's | 6 |
| Attorney to suspend the
sentence imposed, commit the | 7 |
| defendant to the custody of the Attorney General
of the | 8 |
| United States or his or her designated agent when:
| 9 |
| (1) a final order of deportation has been issued | 10 |
| against the defendant
pursuant to proceedings under | 11 |
| the Immigration and Nationality Act, and
| 12 |
| (2) the deportation of the defendant would not | 13 |
| deprecate the seriousness
of the defendant's conduct | 14 |
| and would not be inconsistent with the ends of
justice.
| 15 |
| (C) This subsection (l) does not apply to offenders who | 16 |
| are subject to the
provisions of paragraph (2) of | 17 |
| subsection (a) of Section 3-6-3.
| 18 |
| (D) Upon motion of the State's Attorney, if a defendant | 19 |
| sentenced under
this Section returns to the jurisdiction of | 20 |
| the United States, the defendant
shall be recommitted to | 21 |
| the custody of the county from which he or she was
| 22 |
| sentenced.
Thereafter, the defendant shall be brought | 23 |
| before the sentencing court, which
may impose any sentence | 24 |
| that was available under Section 5-5-3 at the time of
| 25 |
| initial sentencing. In addition, the defendant shall not be | 26 |
| eligible for
additional good conduct credit for | 27 |
| meritorious service as provided under
Section 3-6-6.
| 28 |
| (m) A person convicted of criminal defacement of property | 29 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 30 |
| property damage exceeds $300
and the property damaged is a | 31 |
| school building, shall be ordered to perform
community service | 32 |
| that may include cleanup, removal, or painting over the
| 33 |
| defacement.
| 34 |
| (n) The court may sentence a person convicted of a | 35 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 36 |
| Code of 1961 (i) to an impact
incarceration program if the |
|
|
|
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| 1 |
| person is otherwise eligible for that program
under Section | 2 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 3 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 4 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 5 |
| program licensed under that
Act.
| 6 |
| (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | 7 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | 8 |
| eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | 9 |
| eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | 10 |
| eff. 9-11-05; revised 8-19-05.)
| 11 |
| (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
| 12 |
| Sec. 5-5-3.2. Factors in Aggravation.
| 13 |
| (a) The following factors shall be accorded weight in favor | 14 |
| of
imposing a term of imprisonment or may be considered by the | 15 |
| court as reasons
to impose a more severe sentence under Section | 16 |
| 5-8-1:
| 17 |
| (1) the defendant's conduct caused or threatened | 18 |
| serious harm;
| 19 |
| (2) the defendant received compensation for committing | 20 |
| the offense;
| 21 |
| (3) the defendant has a history of prior delinquency or | 22 |
| criminal activity;
| 23 |
| (4) the defendant, by the duties of his office or by | 24 |
| his position,
was obliged to prevent the particular offense | 25 |
| committed or to bring
the offenders committing it to | 26 |
| justice;
| 27 |
| (5) the defendant held public office at the time of the | 28 |
| offense,
and the offense related to the conduct of that | 29 |
| office;
| 30 |
| (6) the defendant utilized his professional reputation | 31 |
| or
position in the community to commit the offense, or to | 32 |
| afford
him an easier means of committing it;
| 33 |
| (7) the sentence is necessary to deter others from | 34 |
| committing
the same crime;
| 35 |
| (8) the defendant committed the offense against a |
|
|
|
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| 1 |
| person 60 years of age
or older or such person's property;
| 2 |
| (9) the defendant committed the offense against a | 3 |
| person who is
physically handicapped or such person's | 4 |
| property;
| 5 |
| (10) by reason of another individual's actual or | 6 |
| perceived race, color,
creed, religion, ancestry, gender, | 7 |
| sexual orientation, physical or mental
disability, or | 8 |
| national origin, the defendant committed the offense | 9 |
| against (i)
the person or property
of that individual; (ii) | 10 |
| the person or property of a person who has an
association | 11 |
| with, is married to, or has a friendship with the other | 12 |
| individual;
or (iii) the person or property of a relative | 13 |
| (by blood or marriage) of a
person described in clause (i) | 14 |
| or (ii). For the purposes of this Section,
"sexual | 15 |
| orientation" means heterosexuality, homosexuality, or | 16 |
| bisexuality;
| 17 |
| (11) the offense took place in a place of worship or on | 18 |
| the
grounds of a place of worship, immediately prior to, | 19 |
| during or immediately
following worship services. For | 20 |
| purposes of this subparagraph, "place of
worship" shall | 21 |
| mean any church, synagogue or other building, structure or
| 22 |
| place used primarily for religious worship;
| 23 |
| (12) the defendant was convicted of a felony committed | 24 |
| while he was
released on bail or his own recognizance | 25 |
| pending trial for a prior felony
and was convicted of such | 26 |
| prior felony, or the defendant was convicted of a
felony | 27 |
| committed while he was serving a period of probation,
| 28 |
| conditional discharge, or mandatory supervised release | 29 |
| under subsection (d)
of Section 5-8-1
for a prior felony;
| 30 |
| (13) the defendant committed or attempted to commit a | 31 |
| felony while he
was wearing a bulletproof vest. For the | 32 |
| purposes of this paragraph (13), a
bulletproof vest is any | 33 |
| device which is designed for the purpose of
protecting the | 34 |
| wearer from bullets, shot or other lethal projectiles;
| 35 |
| (14) the defendant held a position of trust or | 36 |
| supervision such as, but
not limited to, family member as |
|
|
|
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|
| 1 |
| defined in Section 12-12 of the Criminal Code
of 1961, | 2 |
| teacher, scout leader, baby sitter, or day care worker, in
| 3 |
| relation to a victim under 18 years of age, and the | 4 |
| defendant committed an
offense in violation of Section | 5 |
| 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | 6 |
| 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| 7 |
| against
that victim;
| 8 |
| (15) the defendant committed an offense related to the | 9 |
| activities of an
organized gang. For the purposes of this | 10 |
| factor, "organized gang" has the
meaning ascribed to it in | 11 |
| Section 10 of the Streetgang Terrorism Omnibus
Prevention | 12 |
| Act;
| 13 |
| (16) the defendant committed an offense in violation of | 14 |
| one of the
following Sections while in a school, regardless | 15 |
| of the time of day or time of
year; on any conveyance | 16 |
| owned, leased, or contracted by a school to transport
| 17 |
| students to or from school or a school related activity; on | 18 |
| the real property
of a school; or on a public way within | 19 |
| 1,000 feet of the real property
comprising any school: | 20 |
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| 21 |
| 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | 22 |
| 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | 23 |
| 33A-2 of the Criminal Code of
1961;
| 24 |
| (16.5) the defendant committed an offense in violation | 25 |
| of one of the
following Sections while in a day care | 26 |
| center, regardless of the time of day or
time of year; on | 27 |
| the real property of a day care center, regardless of the | 28 |
| time
of day or time of year; or on a public
way within | 29 |
| 1,000 feet of the real property comprising any day care | 30 |
| center,
regardless of the time of day or time of year:
| 31 |
| Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | 32 |
| 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | 33 |
| 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | 34 |
| 33A-2 of the Criminal
Code of 1961;
| 35 |
| (17) the defendant committed the offense by reason of | 36 |
| any person's
activity as a community policing volunteer or |
|
|
|
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|
| 1 |
| to prevent any person from
engaging in activity as a | 2 |
| community policing volunteer. For the purpose of
this | 3 |
| Section, "community policing volunteer" has the meaning | 4 |
| ascribed to it in
Section 2-3.5 of the Criminal Code of | 5 |
| 1961;
| 6 |
| (18) the defendant committed the offense in a nursing | 7 |
| home or on the
real
property comprising a nursing home. For | 8 |
| the purposes of this paragraph (18),
"nursing home" means a | 9 |
| skilled nursing
or intermediate long term care facility | 10 |
| that is subject to license by the
Illinois Department of | 11 |
| Public Health under the Nursing Home Care
Act;
| 12 |
| (19) the defendant was a federally licensed firearm | 13 |
| dealer
and
was
previously convicted of a violation of | 14 |
| subsection (a) of Section 3 of the
Firearm Owners | 15 |
| Identification Card Act before its repeal by this | 16 |
| amendatory Act of the 94th General Assembly and has now | 17 |
| committed either a felony
violation
of the Firearm Owners | 18 |
| Identification Card Act or an act of armed violence while
| 19 |
| armed
with a firearm; or | 20 |
| (20) the defendant (i) committed the offense of | 21 |
| reckless homicide under Section 9-3 of the Criminal Code of | 22 |
| 1961 or the offense of driving under the influence of | 23 |
| alcohol, other drug or
drugs, intoxicating compound or | 24 |
| compounds or any combination thereof under Section 11-501 | 25 |
| of the Illinois Vehicle Code or a similar provision of a | 26 |
| local ordinance and (ii) was operating a motor vehicle in | 27 |
| excess of 20 miles per hour over the posted speed limit as | 28 |
| provided in Article VI of Chapter 11 of the Illinois | 29 |
| Vehicle Code ; or .
| 30 |
| (21)
(20) the defendant (i) committed the offense of | 31 |
| reckless driving or aggravated reckless driving under | 32 |
| Section 11-503 of the Illinois Vehicle Code and (ii) was | 33 |
| operating a motor vehicle in excess of 20 miles per hour | 34 |
| over the posted speed limit as provided in Article VI of | 35 |
| Chapter 11 of the Illinois Vehicle Code. | 36 |
| For the purposes of this Section:
|
|
|
|
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|
| 1 |
| "School" is defined as a public or private
elementary or | 2 |
| secondary school, community college, college, or university.
| 3 |
| "Day care center" means a public or private State certified | 4 |
| and
licensed day care center as defined in Section 2.09 of the | 5 |
| Child Care Act of
1969 that displays a sign in plain view | 6 |
| stating that the
property is a day care center.
| 7 |
| (b) The following factors may be considered by the court as
| 8 |
| reasons to impose an extended term sentence under Section 5-8-2
| 9 |
| upon any offender:
| 10 |
| (1) When a defendant is convicted of any felony, after | 11 |
| having
been previously convicted in Illinois or any other | 12 |
| jurisdiction of the
same or similar class felony or greater | 13 |
| class felony, when such conviction
has occurred within 10 | 14 |
| years after the
previous conviction, excluding time spent | 15 |
| in custody, and such charges are
separately brought and | 16 |
| tried and arise out of different series of acts; or
| 17 |
| (2) When a defendant is convicted of any felony and the | 18 |
| court
finds that the offense was accompanied by | 19 |
| exceptionally brutal
or heinous behavior indicative of | 20 |
| wanton cruelty; or
| 21 |
| (3) When a defendant is convicted of voluntary | 22 |
| manslaughter, second
degree murder, involuntary | 23 |
| manslaughter or reckless homicide in which the
defendant | 24 |
| has been convicted of causing the death of more than one | 25 |
| individual; or
| 26 |
| (4) When a defendant is convicted of any felony | 27 |
| committed against:
| 28 |
| (i) a person under 12 years of age at the time of | 29 |
| the offense or such
person's property;
| 30 |
| (ii) a person 60 years of age or older at the time | 31 |
| of the offense or
such person's property; or
| 32 |
| (iii) a person physically handicapped at the time | 33 |
| of the offense or
such person's property; or
| 34 |
| (5) In the case of a defendant convicted of aggravated | 35 |
| criminal sexual
assault or criminal sexual assault, when | 36 |
| the court finds that
aggravated criminal sexual assault or |
|
|
|
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|
| 1 |
| criminal sexual assault
was also committed on the same | 2 |
| victim by one or more other individuals,
and the defendant | 3 |
| voluntarily participated in the crime with the knowledge
of | 4 |
| the participation of the others in the crime, and the | 5 |
| commission of the
crime was part of a single course of | 6 |
| conduct during which there was no
substantial change in the | 7 |
| nature of the criminal objective; or
| 8 |
| (6) When a defendant is convicted of any felony and the | 9 |
| offense
involved any of the following types of specific | 10 |
| misconduct committed as
part of a ceremony, rite, | 11 |
| initiation, observance, performance, practice or
activity | 12 |
| of any actual or ostensible religious, fraternal, or social | 13 |
| group:
| 14 |
| (i) the brutalizing or torturing of humans or | 15 |
| animals;
| 16 |
| (ii) the theft of human corpses;
| 17 |
| (iii) the kidnapping of humans;
| 18 |
| (iv) the desecration of any cemetery, religious, | 19 |
| fraternal, business,
governmental, educational, or | 20 |
| other building or property; or
| 21 |
| (v) ritualized abuse of a child; or
| 22 |
| (7) When a defendant is convicted of first degree | 23 |
| murder, after having
been previously convicted in Illinois | 24 |
| of any offense listed under paragraph
(c)(2) of Section | 25 |
| 5-5-3, when such conviction has occurred within 10 years
| 26 |
| after the previous conviction, excluding time spent in | 27 |
| custody,
and such charges are separately brought and tried | 28 |
| and arise out of
different series of acts; or
| 29 |
| (8) When a defendant is convicted of a felony other | 30 |
| than conspiracy and
the court finds that
the felony was | 31 |
| committed under an agreement with 2 or more other persons
| 32 |
| to commit that offense and the defendant, with respect to | 33 |
| the other
individuals, occupied a position of organizer, | 34 |
| supervisor, financier, or any
other position of management | 35 |
| or leadership, and the court further finds that
the felony | 36 |
| committed was related to or in furtherance of the criminal
|
|
|
|
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|
| 1 |
| activities of an organized gang or was motivated by the | 2 |
| defendant's leadership
in an organized gang; or
| 3 |
| (9) When a defendant is convicted of a felony violation | 4 |
| of Section 24-1
of the Criminal Code of 1961 and the court | 5 |
| finds that the defendant is a member
of an organized gang; | 6 |
| or
| 7 |
| (10) When a defendant committed the offense using a | 8 |
| firearm with a
laser sight attached to it. For purposes of | 9 |
| this paragraph (10), "laser sight"
has the meaning ascribed | 10 |
| to it in Section 24.6-5 of the Criminal Code of
1961; or
| 11 |
| (11) When a defendant who was at least 17 years of age | 12 |
| at the
time of
the commission of the offense is convicted | 13 |
| of a felony and has been previously
adjudicated a | 14 |
| delinquent minor under the Juvenile Court Act of 1987 for | 15 |
| an act
that if committed by an adult would be a Class X or | 16 |
| Class 1 felony when the
conviction has occurred within 10 | 17 |
| years after the previous adjudication,
excluding time | 18 |
| spent in custody; or
| 19 |
| (12) When a defendant commits an offense involving the | 20 |
| illegal
manufacture of a controlled substance under | 21 |
| Section 401 of the Illinois
Controlled Substances Act, the | 22 |
| illegal manufacture of methamphetamine under Section 25 of | 23 |
| the Methamphetamine Control and Community Protection Act, | 24 |
| or the illegal possession of explosives and an
emergency | 25 |
| response
officer in
the performance of his or her duties is
| 26 |
| killed or injured at the scene of the offense while | 27 |
| responding to the
emergency caused by the commission of the | 28 |
| offense.
In this paragraph (12),
"emergency" means a | 29 |
| situation in which a person's life, health, or safety is
in | 30 |
| jeopardy; and
"emergency response officer" means a peace | 31 |
| officer, community policing
volunteer, fireman, emergency | 32 |
| medical
technician-ambulance, emergency medical | 33 |
| technician-intermediate, emergency
medical | 34 |
| technician-paramedic, ambulance
driver, other medical | 35 |
| assistance or first aid personnel, or hospital emergency
| 36 |
| room personnel.
|
|
|
|
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|
| 1 |
| (b-1) For the purposes of this Section, "organized gang" | 2 |
| has the meaning
ascribed to it in Section 10 of the Illinois | 3 |
| Streetgang Terrorism Omnibus
Prevention Act.
| 4 |
| (c) The court may impose an extended term sentence under | 5 |
| Section 5-8-2
upon any offender who was convicted of aggravated | 6 |
| criminal sexual assault
or predatory criminal sexual assault of | 7 |
| a child under subsection (a)(1) of
Section 12-14.1 of
the | 8 |
| Criminal Code of 1961
where the victim was under 18 years of | 9 |
| age at the time of the commission
of the offense.
| 10 |
| (d) The court may impose an extended term sentence under | 11 |
| Section 5-8-2 upon
any offender who was convicted of unlawful | 12 |
| use of weapons under Section 24-1 of
the Criminal Code of 1961 | 13 |
| for possessing a weapon that is not readily
distinguishable as | 14 |
| one of the weapons enumerated in Section 24-1 of the
Criminal | 15 |
| Code of 1961.
| 16 |
| (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, | 17 |
| eff. 9-11-05; revised 8-19-05.)
| 18 |
| Section 60. The Mental Health and Developmental | 19 |
| Disabilities Confidentiality Act is amended by changing | 20 |
| Section 12 as follows:
| 21 |
| (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| 22 |
| Sec. 12. (a) If the United States Secret Service or the | 23 |
| Department of
State Police requests information from a mental | 24 |
| health or developmental
disability facility, as defined in | 25 |
| Section 1-107 and 1-114 of the Mental
Health and Developmental | 26 |
| Disabilities Code, relating to a specific
recipient and the | 27 |
| facility director determines that disclosure of such
| 28 |
| information may be necessary to protect the life of, or to | 29 |
| prevent
the infliction of great bodily harm to, a public | 30 |
| official,
or a person under the protection of the United
States | 31 |
| Secret Service, only the following information
may be | 32 |
| disclosed: the recipient's name, address, and age and the date | 33 |
| of
any admission to or discharge from a facility; and any | 34 |
| information which
would indicate whether or not the recipient |
|
|
|
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|
| 1 |
| has a history of violence or
presents a danger of violence to | 2 |
| the person under protection. Any information
so disclosed shall | 3 |
| be used for investigative purposes only and shall not
be | 4 |
| publicly disseminated.
Any person participating in good faith | 5 |
| in the disclosure of such
information in accordance with this | 6 |
| provision shall have immunity from any
liability, civil, | 7 |
| criminal or otherwise, if such information is disclosed
relying | 8 |
| upon the representation of an officer of the United States | 9 |
| Secret
Service or the Department of State Police that a person | 10 |
| is under the
protection of the United States Secret Service or | 11 |
| is a public official.
| 12 |
| For the purpose of this subsection (a), the term "public | 13 |
| official" means
the Governor, Lieutenant Governor, Attorney | 14 |
| General, Secretary of State,
State Comptroller, State | 15 |
| Treasurer or member of the General Assembly. The
term shall | 16 |
| also include the spouse, child or children of a public | 17 |
| official.
| 18 |
| (b) The Department of Human Services (acting as successor | 19 |
| to the
Department of Mental Health and Developmental | 20 |
| Disabilities) and all
private hospitals are required, as | 21 |
| hereafter described in this subsection,
to furnish the | 22 |
| Department of State Police only such information as may
be | 23 |
| required for the sole purpose of determining whether an | 24 |
| individual who
may be or may have been a patient is | 25 |
| disqualified because of that status
from receiving or retaining | 26 |
| a firearm under paragraph (4) of subsection (a) of Section | 27 |
| 24-3.1 of the Criminal Code of 1961
Firearm Owner's | 28 |
| Identification Card under
subsection (e) of Section 8 of the | 29 |
| Firearm Owners Identification Card
Act . All private hospitals | 30 |
| shall, in the form and manner required
by the Department, | 31 |
| provide such information as shall be necessary for the
| 32 |
| Department to comply with the reporting requirements to the | 33 |
| Department of
State Police. Such information shall be furnished | 34 |
| within 30 days after
admission to a private hospital. Any such | 35 |
| information disclosed under
this subsection shall
remain | 36 |
| privileged and confidential, and shall not be redisclosed nor |
|
|
|
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|
| 1 |
| utilized
for any other purpose. The method of requiring the | 2 |
| providing of such
information shall guarantee that no | 3 |
| information is released beyond what
is necessary for this | 4 |
| purpose. In addition, the information disclosed
shall be | 5 |
| provided
by the Department within the time period established | 6 |
| by Section 24-3 of the
Criminal Code of 1961 regarding the | 7 |
| delivery of firearms. The method used
shall be sufficient to | 8 |
| provide the necessary information within the
prescribed time | 9 |
| period, which may include periodically providing
lists to the | 10 |
| Department of Human Services
or any private hospital of Firearm | 11 |
| Owner's Identification Card applicants
for firearm purchases
| 12 |
| on which the Department or hospital shall indicate the | 13 |
| identities of those
individuals who are to its knowledge | 14 |
| disqualified from having a firearm
Firearm
Owner's | 15 |
| Identification Card for reasons described herein. The | 16 |
| Department
may provide for a centralized source
of information | 17 |
| for the State on this subject under its jurisdiction.
| 18 |
| Any person, institution, or agency, under this Act, | 19 |
| participating in
good faith in the reporting or disclosure of | 20 |
| records and communications
otherwise in accordance with this | 21 |
| provision or with rules, regulations or
guidelines issued by | 22 |
| the Department shall have immunity from any
liability, civil, | 23 |
| criminal or otherwise, that might result by reason of the
| 24 |
| action. For the purpose of any proceeding, civil or criminal,
| 25 |
| arising out of a report or disclosure in accordance with this | 26 |
| provision,
the good faith of any person,
institution, or agency | 27 |
| so reporting or disclosing shall be presumed. The
full extent | 28 |
| of the immunity provided in this subsection (b) shall apply to
| 29 |
| any person, institution or agency that fails to make a report | 30 |
| or disclosure
in the good faith belief that the report or | 31 |
| disclosure would violate
federal regulations governing the | 32 |
| confidentiality of alcohol and drug abuse
patient records | 33 |
| implementing 42 U.S.C. 290dd-3 and 290ee-3.
| 34 |
| For purposes of this subsection (b) only, the following | 35 |
| terms shall have
the meaning prescribed:
| 36 |
| (1) "Hospital" means only that type of institution |
|
|
|
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LRB094 18563 RLC 53897 b |
|
| 1 |
| which is providing
full-time residential facilities and | 2 |
| treatment for in-patients and excludes
institutions, such | 3 |
| as community clinics, which only provide treatment to | 4 |
| out-patients.
| 5 |
| (2) "Patient" shall mean only a person who is an | 6 |
| in-patient or resident
of any hospital, not an out-patient | 7 |
| or client seen solely for periodic consultation.
| 8 |
| (c) Upon the request of a peace officer who takes a person | 9 |
| into custody
and transports such person to a mental health or | 10 |
| developmental disability
facility pursuant to Section 3-606 or | 11 |
| 4-404 of the Mental Health and
Developmental Disabilities Code | 12 |
| or who transports a person from such facility,
a facility | 13 |
| director shall furnish said peace officer the name, address, | 14 |
| age
and name of the nearest relative of the person transported | 15 |
| to or from the
mental health or developmental disability | 16 |
| facility. In no case shall the
facility director disclose to | 17 |
| the peace officer any information relating to the
diagnosis, | 18 |
| treatment or evaluation of the person's mental or physical | 19 |
| health.
| 20 |
| For the purposes of this subsection (c), the terms "mental | 21 |
| health or
developmental disability facility", "peace officer" | 22 |
| and "facility director"
shall have the meanings ascribed to | 23 |
| them in the Mental Health and
Developmental Disabilities Code.
| 24 |
| (d) Upon the request of a peace officer or prosecuting | 25 |
| authority who is
conducting a bona fide investigation of a | 26 |
| criminal offense, or attempting to
apprehend a fugitive from | 27 |
| justice,
a facility director may disclose whether a person is | 28 |
| present at the facility.
Upon request of a peace officer or | 29 |
| prosecuting authority who has a valid
forcible felony warrant | 30 |
| issued, a facility director shall disclose: (1) whether
the | 31 |
| person who is the subject of the warrant is present at the | 32 |
| facility and (2)
the
date of that person's discharge or future | 33 |
| discharge from the facility.
The requesting peace officer or | 34 |
| prosecuting authority must furnish a case
number and the | 35 |
| purpose of the investigation or an outstanding arrest warrant | 36 |
| at
the time of the request. Any person, institution, or agency
|
|
|
|
SB2963 |
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|
| 1 |
| participating in good faith in disclosing such information in | 2 |
| accordance with
this subsection (d) is immune from any | 3 |
| liability, civil, criminal or
otherwise, that might result by | 4 |
| reason of the action.
| 5 |
| (Source: P.A. 92-738, eff. 7-25-02.)
| 6 |
| Section 65. The Uniform Disposition of Unclaimed Property | 7 |
| Act is amended by changing Section 1 as follows:
| 8 |
| (765 ILCS 1025/1) (from Ch. 141, par. 101)
| 9 |
| Sec. 1. As used in this Act, unless the context otherwise | 10 |
| requires:
| 11 |
| (a) "Banking organization" means any bank, trust company, | 12 |
| savings bank,
industrial bank, land bank, safe deposit company, | 13 |
| or a private banker.
| 14 |
| (b) "Business association" means any corporation, joint | 15 |
| stock company,
business trust, partnership, or any
| 16 |
| association, limited liability company, or other business | 17 |
| entity consisting
of one or more persons, whether or not for | 18 |
| profit.
| 19 |
| (c) "Financial organization" means any savings and loan | 20 |
| association,
building and loan association, credit union, | 21 |
| currency exchange,
co-operative bank, mutual funds, or | 22 |
| investment company.
| 23 |
| (d) "Holder" means any person in possession of property | 24 |
| subject to this
Act belonging to another, or who is trustee in | 25 |
| case of a trust, or is
indebted to another on an obligation | 26 |
| subject to this Act.
| 27 |
| (e) "Life insurance corporation" means any association or | 28 |
| corporation
transacting the business of insurance on the lives | 29 |
| of
persons or insurance appertaining thereto, including, but | 30 |
| not by way of
limitation, endowments and annuities.
| 31 |
| (f) "Owner" means a depositor in case of a deposit, a | 32 |
| beneficiary in
case of a trust, a creditor, claimant, or payee | 33 |
| in case of other property, or any person having a legal or | 34 |
| equitable interest in property
subject to this Act, or his |
|
|
|
SB2963 |
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LRB094 18563 RLC 53897 b |
|
| 1 |
| legal representative.
| 2 |
| (g) "Person" means any individual, business association, | 3 |
| financial
organization, government or
political subdivision or | 4 |
| agency, public authority,
estate, trust, or any other legal or
| 5 |
| commercial entity.
| 6 |
| (h) "Utility" means any person who owns or operates,
for | 7 |
| public use, any plant, equipment, property, franchise, or | 8 |
| license for
the transmission of communications or the | 9 |
| production, storage,
transmission, sale, delivery, or | 10 |
| furnishing of electricity, water,
steam, oil or gas.
| 11 |
| (i) (Blank).
| 12 |
| (j) "Insurance company" means any person transacting the | 13 |
| kinds of
business enumerated in Section 4 of the Illinois | 14 |
| Insurance Code other than
life insurance.
| 15 |
| (k) "Economic loss", as used in Sections 2a and 9 of this | 16 |
| Act includes,
but is not limited to,
delivery charges, | 17 |
| mark-downs and write-offs, carrying
costs, restocking charges, | 18 |
| lay-aways, special orders, issuance of credit memos,
and the | 19 |
| costs of special services or goods
provided that reduce the | 20 |
| property value or that result in lost sales
opportunity.
| 21 |
| (l) "Reportable property" means property, tangible or | 22 |
| intangible, presumed
abandoned under this Act that must be | 23 |
| appropriately and timely reported and
remitted to the Office of | 24 |
| the State Treasurer under this
Act. Interest, dividends, stock | 25 |
| splits,
warrants, or other rights that become reportable | 26 |
| property under this Act
include the underlying security or | 27 |
| commodity giving rise to the interest,
dividend, split, | 28 |
| warrant, or other right to which the owner would be entitled.
| 29 |
| (m) "Firearm" has the meaning ascribed to that term in | 30 |
| Section 2-7.5 of the Criminal Code of 1961
the Firearm Owners
| 31 |
| Identification Card Act .
| 32 |
| (Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748, | 33 |
| eff. 6-2-00.)
|
|