99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3357

Introduced , by Rep. Thomas Bennett

SYNOPSIS AS INTRODUCED:

See Index

Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning firearms.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Freedom of Information Act is amended by

5 changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)

7 Sec. 7.5. Statutory exemptions ~~Exemptions~~. To the extent

8 provided for by the statutes referenced below, the following

9 shall be exempt from inspection and copying:

10 (a) All information determined to be confidential

11 under Section 4002 of the Technology Advancement and

12 Development Act.

13 (b) Library circulation and order records identifying

14 library users with specific materials under the Library

15 Records Confidentiality Act.

16 (c) Applications, related documents, and medical

17 records received by the Experimental Organ Transplantation

18 Procedures Board and any and all documents or other records

19 prepared by the Experimental Organ Transplantation

20 Procedures Board or its staff relating to applications it

21 has received.

22 (d) Information and records held by the Department of

23 Public Health and its authorized representatives relating

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1 to known or suspected cases of sexually transmissible

2 disease or any information the disclosure of which is

3 restricted under the Illinois Sexually Transmissible

4 Disease Control Act.

5 (e) Information the disclosure of which is exempted

6 under Section 30 of the Radon Industry Licensing Act.

7 (f) Firm performance evaluations under Section 55 of

8 the Architectural, Engineering, and Land Surveying

9 Qualifications Based Selection Act.

10 (g) Information the disclosure of which is restricted

11 and exempted under Section 50 of the Illinois Prepaid

12 Tuition Act.

13 (h) Information the disclosure of which is exempted

14 under the State Officials and Employees Ethics Act, and

15 records of any lawfully created State or local inspector

16 general's office that would be exempt if created or

17 obtained by an Executive Inspector General's office under

18 that Act.

19 (i) Information contained in a local emergency energy

20 plan submitted to a municipality in accordance with a local

21 emergency energy plan ordinance that is adopted under

22 Section 11-21.5-5 of the Illinois Municipal Code.

23 (j) Information and data concerning the distribution

24 of surcharge moneys collected and remitted by wireless

25 carriers under the Wireless Emergency Telephone Safety

26 Act.

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1 (k) Law enforcement officer identification information

2 or driver identification information compiled by a law

3 enforcement agency or the Department of Transportation

4 under Section 11-212 of the Illinois Vehicle Code.

5 (l) Records and information provided to a residential

6 health care facility resident sexual assault and death

7 review team or the Executive Council under the Abuse

8 Prevention Review Team Act.

9 (m) Information provided to the predatory lending

10 database created pursuant to Article 3 of the Residential

11 Real Property Disclosure Act, except to the extent

12 authorized under that Article.

13 (n) Defense budgets and petitions for certification of

14 compensation and expenses for court appointed trial

15 counsel as provided under Sections 10 and 15 of the Capital

16 Crimes Litigation Act. This subsection (n) shall apply

17 until the conclusion of the trial of the case, even if the

18 prosecution chooses not to pursue the death penalty prior

19 to trial or sentencing.

20 (o) Information that is prohibited from being

21 disclosed under Section 4 of the Illinois Health and

22 Hazardous Substances Registry Act.

23 (p) Security portions of system safety program plans,

24 investigation reports, surveys, schedules, lists, data, or

25 information compiled, collected, or prepared by or for the

26 Regional Transportation Authority under Section 2.11 of

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1 the Regional Transportation Authority Act or the St. Clair

2 County Transit District under the Bi-State Transit Safety

3 Act.

4 (q) Information prohibited from being disclosed by the

5 Personnel Records Review Act.

6 (r) Information prohibited from being disclosed by the

7 Illinois School Student Records Act.

8 (s) Information the disclosure of which is restricted

9 under Section 5-108 of the Public Utilities Act.

10 (t) All identified or deidentified health information

11 in the form of health data or medical records contained in,

12 stored in, submitted to, transferred by, or released from

13 the Illinois Health Information Exchange, and identified

14 or deidentified health information in the form of health

15 data and medical records of the Illinois Health Information

16 Exchange in the possession of the Illinois Health

17 Information Exchange Authority due to its administration

18 of the Illinois Health Information Exchange. The terms

19 "identified" and "deidentified" shall be given the same

20 meaning as in the Health Insurance Accountability and

21 Portability Act of 1996, Public Law 104-191, or any

22 subsequent amendments thereto, and any regulations

23 promulgated thereunder.

24 (u) Records and information provided to an independent

25 team of experts under Brian's Law.

26 (v) Names and information of people who have applied

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1 for or received Firearm Owner's Identification Cards under

2 the Firearm Owners Identification Card Act before the

3 effective date of this amendatory Act of the 99th General

4 Assembly or applied for or received a concealed carry

5 license under the Firearm Concealed Carry Act, unless

6 otherwise authorized by the Firearm Concealed Carry Act;

7 and databases under the Firearm Concealed Carry Act,

8 records of the Concealed Carry Licensing Review Board under

9 the Firearm Concealed Carry Act, and law enforcement agency

10 objections under the Firearm Concealed Carry Act.

11 (w) Personally identifiable information which is

12 exempted from disclosure under subsection (g) of Section

13 19.1 of the Toll Highway Act.

14 (x) Information which is exempted from disclosure

15 under Section 5-1014.3 of the Counties Code or Section

16 8-11-21 of the Illinois Municipal Code.

17 (y) Confidential information under the Adult

18 Protective Services Act and its predecessor enabling

19 statute, the Elder Abuse and Neglect Act, including

20 information about the identity and administrative finding

21 against any caregiver of a verified and substantiated

22 decision of abuse, neglect, or financial exploitation of an

23 eligible adult maintained in the Registry established

24 under Section 7.5 of the Adult Protective Services Act.

25 (z) Records and information provided to a fatality

26 review team or the Illinois Fatality Review Team Advisory

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1 Council under Section 15 of the Adult Protective Services

2 Act.

3 (aa) Information which is exempted from disclosure

4 under Section 2.37 of the Wildlife Code.

5 (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,

6 eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,

7 eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039,

8 eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)

9 Section 10. The Department of State Police Law of the Civil

10 Administrative Code of Illinois is amended by changing Sections

11 2605-45, 2605-300, and 2605-595 as follows:

12 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)

13 Sec. 2605-45. Division of Administration. The Division of

14 Administration shall exercise the following functions:

15 (1) Exercise the rights, powers, and duties vested in

16 the Department by the Governor's Office of Management and

17 Budget Act.

18 (2) Pursue research and the publication of studies

19 pertaining to local law enforcement activities.

20 (3) Exercise the rights, powers, and duties vested in

21 the Department by the Personnel Code.

22 (4) Operate an electronic data processing and computer

23 center for the storage and retrieval of data pertaining to

24 criminal activity.

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1 (5) Exercise the rights, powers, and duties vested in

2 the former Division of State Troopers by Section 17 of the

3 State Police Act.

4 (6) Exercise the rights, powers, and duties vested in

5 the Department by "An Act relating to internal auditing in

6 State government", approved August 11, 1967 (repealed; now

7 the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).

8 (6.5) (Blank). ~~Exercise the rights, powers, and duties~~

9 ~~vested in the Department by the Firearm Owners~~

10 ~~Identification Card Act.~~

11 (7) Exercise other duties that may be assigned by the

12 Director to fulfill the responsibilities and achieve the

13 purposes of the Department.

14 (Source: P.A. 94-793, eff. 5-19-06.)

15 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)

16 Sec. 2605-300. Records; crime laboratories; personnel. To

17 do the following:

18 (1) Be a central repository and custodian of criminal

19 statistics for the State.

20 (2) Be a central repository for criminal history record

21 information.

22 (3) Procure and file for record information that is

23 necessary and helpful to plan programs of crime prevention,

24 law enforcement, and criminal justice.

25 (4) Procure and file for record copies of fingerprints

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1 that may be required by law.

2 (5) Establish general and field crime laboratories.

3 (6) Register and file for record information that may

4 be required by law for the issuance of ~~firearm owner's~~

5 ~~identification cards under the Firearm Owners~~

6 ~~Identification Card Act and~~ concealed carry licenses under

7 the Firearm Concealed Carry Act.

8 (7) Employ polygraph operators, laboratory

9 technicians, and other specially qualified persons to aid

10 in the identification of criminal activity.

11 (8) Undertake other identification, information,

12 laboratory, statistical, or registration activities that

13 may be required by law.

14 (Source: P.A. 98-63, eff. 7-9-13.)

15 (20 ILCS 2605/2605-595)

16 Sec. 2605-595. State Police Firearm Services Fund.

17 (a) There is created in the State treasury a special fund

18 known as the State Police Firearm Services Fund. The Fund shall

19 receive revenue under the Firearm Concealed Carry Act ~~and~~

20 ~~Section 5 of the Firearm Owners Identification Card Act~~. The

21 Fund may also receive revenue from grants, pass-through grants,

22 donations, appropriations, and any other legal source.

23 (b) The Department of State Police may use moneys in the

24 Fund to finance any of its lawful purposes, mandates,

25 functions, and duties under ~~the Firearm Owners Identification~~

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1 ~~Card Act and~~ the Firearm Concealed Carry Act, including the

2 cost of sending notices of expiration of ~~Firearm Owner's~~

3 ~~Identification Cards,~~ concealed carry licenses, the prompt and

4 efficient processing of applications under ~~the Firearm Owners~~

5 ~~Identification Card Act and~~ the Firearm Concealed Carry Act,

6 the improved efficiency and reporting of the LEADS and federal

7 NICS law enforcement data systems, and support for

8 investigations required under that Act ~~these Acts~~ and law. Any

9 surplus funds beyond what is needed to comply with the

10 aforementioned purposes shall be used by the Department to

11 improve the Law Enforcement Agencies Data System (LEADS) and

12 criminal history background check system.

13 (c) Investment income that is attributable to the

14 investment of moneys in the Fund shall be retained in the Fund

15 for the uses specified in this Section.

16 (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

17 (20 ILCS 2605/2605-120 rep.)

18 Section 15. The Department of State Police Law of the Civil

19 Administrative Code of Illinois is amended by repealing Section

20 2605-120.

21 Section 20. The Criminal Identification Act is amended by

22 changing Section 2.2 as follows:

23 (20 ILCS 2630/2.2)

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1 Sec. 2.2. Notification to the Department. Upon judgment of

2 conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,

3 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal

4 Code of 2012 when the defendant has been determined, pursuant

5 to Section 112A-11.1 of the Code of Criminal Procedure of 1963,

6 to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the

7 circuit court clerk shall include notification and a copy of

8 the written determination in a report of the conviction to the

9 Department of State Police ~~Firearm Owner's Identification Card~~

10 ~~Office~~to enable theDepartment ~~office~~ to perform its duties

11 under the Firearm Concealed Carry Act and ~~Sections 4 and 8 of~~

12 ~~the Firearm Owners Identification Card Act and to report that~~

13 ~~determination to the Federal Bureau of Investigation~~ to assist

14 the Federal Bureau of Investigation in identifying persons

15 prohibited from purchasing and possessing a firearm pursuant to

16 the provisions of 18 U.S.C. 922. The written determination

17 described in this Section shall be included in the defendant's

18 record of arrest and conviction in the manner and form

19 prescribed by the Department of State Police.

20 (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

21 Section 25. The State Finance Act is amended by changing

22 Section 6z-99 as follows:

23 (30 ILCS 105/6z-99)

24 Sec. 6z-99. The Mental Health Reporting Fund.

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1 (a) There is created in the State treasury a special fund

2 known as the Mental Health Reporting Fund. The Fund shall

3 receive revenue under the Firearm Concealed Carry Act. The Fund

4 may also receive revenue from grants, pass-through grants,

5 donations, appropriations, and any other legal source.

6 (b) The Department of State Police and Department of Human

7 Services shall coordinate to use moneys in the Fund to finance

8 their respective duties of collecting and reporting data on

9 mental health records and ensuring that mental health firearm

10 possession prohibitors are enforced as set forth under the

11 Firearm Concealed Carry Act ~~and the Firearm Owners~~

12 ~~Identification Card Act~~. Any surplus in the Fund beyond what is

13 necessary to ensure compliance with mental health reporting

14 under that Act ~~these Acts~~ shall be used by the Department of

15 Human Services for mental health treatment programs.

16 (c) Investment income that is attributable to the

17 investment of moneys in the Fund shall be retained in the Fund

18 for the uses specified in this Section.

19 (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

20 Section 30. The Peace Officer Firearm Training Act is

21 amended by changing Section 1 as follows:

22 (50 ILCS 710/1) (from Ch. 85, par. 515)

23 Sec. 1. Definitions. As used in this Act:

24 (a) "Peace officer" means (i) any person who by virtue of

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1 his office or public employment is vested by law with a primary

2 duty to maintain public order or to make arrests for offenses,

3 whether that duty extends to all offenses or is limited to

4 specific offenses, and who is employed in such capacity by any

5 county or municipality or (ii) any retired law enforcement

6 officers qualified under federal law to carry a concealed

7 weapon.

8 (a-5) "Probation officer" means a county probation officer

9 authorized by the Chief Judge of the Circuit Court to carry a

10 firearm as part of his or her duties under Section 12 of the

11 Probation and Probation Officers Act and Section 24-2 of the

12 Criminal Code of 2012.

13 (b) "Firearms" means any weapon or device defined as a

14 firearm in Section2-7.5 of the Criminal Code of 2012 ~~1.1 of~~

15 ~~"An Act relating to the acquisition, possession and transfer of~~

16 ~~firearms and firearm ammunition, to provide a penalty for the~~

17 ~~violation thereof and to make an appropriation in connection~~

18 ~~therewith", approved August 3, 1967, as amended~~.

19 (Source: P.A. 98-725, eff. 1-1-15.)

20 Section 35. The School Code is amended by changing Sections

21 10-22.6, 10-27.1A and 34-8.05 as follows:

22 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)

23 Sec. 10-22.6. Suspension or expulsion of pupils; school

24 searches.

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1 (a) To expel pupils guilty of gross disobedience or

2 misconduct, including gross disobedience or misconduct

3 perpetuated by electronic means, and no action shall lie

4 against them for such expulsion. Expulsion shall take place

5 only after the parents have been requested to appear at a

6 meeting of the board, or with a hearing officer appointed by

7 it, to discuss their child's behavior. Such request shall be

8 made by registered or certified mail and shall state the time,

9 place and purpose of the meeting. The board, or a hearing

10 officer appointed by it, at such meeting shall state the

11 reasons for dismissal and the date on which the expulsion is to

12 become effective. If a hearing officer is appointed by the

13 board he shall report to the board a written summary of the

14 evidence heard at the meeting and the board may take such

15 action thereon as it finds appropriate. An expelled pupil may

16 be immediately transferred to an alternative program in the

17 manner provided in Article 13A or 13B of this Code. A pupil

18 must not be denied transfer because of the expulsion, except in

19 cases in which such transfer is deemed to cause a threat to the

20 safety of students or staff in the alternative program.

21 (b) To suspend or by policy to authorize the superintendent

22 of the district or the principal, assistant principal, or dean

23 of students of any school to suspend pupils guilty of gross

24 disobedience or misconduct, or to suspend pupils guilty of

25 gross disobedience or misconduct on the school bus from riding

26 the school bus, and no action shall lie against them for such

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1 suspension. The board may by policy authorize the

2 superintendent of the district or the principal, assistant

3 principal, or dean of students of any school to suspend pupils

4 guilty of such acts for a period not to exceed 10 school days.

5 If a pupil is suspended due to gross disobedience or misconduct

6 on a school bus, the board may suspend the pupil in excess of

7 10 school days for safety reasons. Any suspension shall be

8 reported immediately to the parents or guardian of such pupil

9 along with a full statement of the reasons for such suspension

10 and a notice of their right to a review. The school board must

11 be given a summary of the notice, including the reason for the

12 suspension and the suspension length. Upon request of the

13 parents or guardian the school board or a hearing officer

14 appointed by it shall review such action of the superintendent

15 or principal, assistant principal, or dean of students. At such

16 review the parents or guardian of the pupil may appear and

17 discuss the suspension with the board or its hearing officer.

18 If a hearing officer is appointed by the board he shall report

19 to the board a written summary of the evidence heard at the

20 meeting. After its hearing or upon receipt of the written

21 report of its hearing officer, the board may take such action

22 as it finds appropriate. A pupil who is suspended in excess of

23 20 school days may be immediately transferred to an alternative

24 program in the manner provided in Article 13A or 13B of this

25 Code. A pupil must not be denied transfer because of the

26 suspension, except in cases in which such transfer is deemed to

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1 cause a threat to the safety of students or staff in the

2 alternative program.

3 (c) The Department of Human Services shall be invited to

4 send a representative to consult with the board at such meeting

5 whenever there is evidence that mental illness may be the cause

6 for expulsion or suspension.

7 (d) The board may expel a student for a definite period of

8 time not to exceed 2 calendar years, as determined on a case by

9 case basis. A student who is determined to have brought one of

10 the following objects to school, any school-sponsored activity

11 or event, or any activity or event that bears a reasonable

12 relationship to school shall be expelled for a period of not

13 less than one year:

14 (1) A firearm. For the purposes of this Section,

15 "firearm" means any gun, rifle, shotgun, weapon as defined

16 by Section 921 of Title 18 of the United States Code,

17 firearm as defined in Section 2-7.5 ~~1.1 of the Firearm~~

18 ~~Owners Identification Card Act, or firearm as defined in~~

19 ~~Section 24-1~~ of the Criminal Code of 2012. The expulsion

20 period under this subdivision (1) may be modified by the

21 superintendent, and the superintendent's determination may

22 be modified by the board on a case-by-case basis.

23 (2) A knife, brass knuckles or other knuckle weapon

24 regardless of its composition, a billy club, or any other

25 object if used or attempted to be used to cause bodily

26 harm, including "look alikes" of any firearm as defined in

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1 subdivision (1) of this subsection (d). The expulsion

2 requirement under this subdivision (2) may be modified by

3 the superintendent, and the superintendent's determination

4 may be modified by the board on a case-by-case basis.

5 Expulsion or suspension shall be construed in a manner

6 consistent with the Federal Individuals with Disabilities

7 Education Act. A student who is subject to suspension or

8 expulsion as provided in this Section may be eligible for a

9 transfer to an alternative school program in accordance with

10 Article 13A of the School Code. The provisions of this

11 subsection (d) apply in all school districts, including special

12 charter districts and districts organized under Article 34.

13 (d-5) The board may suspend or by regulation authorize the

14 superintendent of the district or the principal, assistant

15 principal, or dean of students of any school to suspend a

16 student for a period not to exceed 10 school days or may expel

17 a student for a definite period of time not to exceed 2

18 calendar years, as determined on a case by case basis, if (i)

19 that student has been determined to have made an explicit

20 threat on an Internet website against a school employee, a

21 student, or any school-related personnel, (ii) the Internet

22 website through which the threat was made is a site that was

23 accessible within the school at the time the threat was made or

24 was available to third parties who worked or studied within the

25 school grounds at the time the threat was made, and (iii) the

26 threat could be reasonably interpreted as threatening to the

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1 safety and security of the threatened individual because of his

2 or her duties or employment status or status as a student

3 inside the school. The provisions of this subsection (d-5)

4 apply in all school districts, including special charter

5 districts and districts organized under Article 34 of this

6 Code.

7 (e) To maintain order and security in the schools, school

8 authorities may inspect and search places and areas such as

9 lockers, desks, parking lots, and other school property and

10 equipment owned or controlled by the school, as well as

11 personal effects left in those places and areas by students,

12 without notice to or the consent of the student, and without a

13 search warrant. As a matter of public policy, the General

14 Assembly finds that students have no reasonable expectation of

15 privacy in these places and areas or in their personal effects

16 left in these places and areas. School authorities may request

17 the assistance of law enforcement officials for the purpose of

18 conducting inspections and searches of lockers, desks, parking

19 lots, and other school property and equipment owned or

20 controlled by the school for illegal drugs, weapons, or other

21 illegal or dangerous substances or materials, including

22 searches conducted through the use of specially trained dogs.

23 If a search conducted in accordance with this Section produces

24 evidence that the student has violated or is violating either

25 the law, local ordinance, or the school's policies or rules,

26 such evidence may be seized by school authorities, and

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1 disciplinary action may be taken. School authorities may also

2 turn over such evidence to law enforcement authorities. The

3 provisions of this subsection (e) apply in all school

4 districts, including special charter districts and districts

5 organized under Article 34.

6 (f) Suspension or expulsion may include suspension or

7 expulsion from school and all school activities and a

8 prohibition from being present on school grounds.

9 (g) A school district may adopt a policy providing that if

10 a student is suspended or expelled for any reason from any

11 public or private school in this or any other state, the

12 student must complete the entire term of the suspension or

13 expulsion in an alternative school program under Article 13A of

14 this Code or an alternative learning opportunities program

15 under Article 13B of this Code before being admitted into the

16 school district if there is no threat to the safety of students

17 or staff in the alternative program. This subsection (g)

18 applies to all school districts, including special charter

19 districts and districts organized under Article 34 of this

20 Code.

21 (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;

22 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;

23 97-1150, eff. 1-25-13.)

24 (105 ILCS 5/10-27.1A)

25 Sec. 10-27.1A. Firearms in schools.

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1 (a) All school officials, including teachers, guidance

2 counselors, and support staff, shall immediately notify the

3 office of the principal in the event that they observe any

4 person in possession of a firearm on school grounds; provided

5 that taking such immediate action to notify the office of the

6 principal would not immediately endanger the health, safety, or

7 welfare of students who are under the direct supervision of the

8 school official or the school official. If the health, safety,

9 or welfare of students under the direct supervision of the

10 school official or of the school official is immediately

11 endangered, the school official shall notify the office of the

12 principal as soon as the students under his or her supervision

13 and he or she are no longer under immediate danger. A report is

14 not required by this Section when the school official knows

15 that the person in possession of the firearm is a law

16 enforcement official engaged in the conduct of his or her

17 official duties. Any school official acting in good faith who

18 makes such a report under this Section shall have immunity from

19 any civil or criminal liability that might otherwise be

20 incurred as a result of making the report. The identity of the

21 school official making such report shall not be disclosed

22 except as expressly and specifically authorized by law.

23 Knowingly and willfully failing to comply with this Section is

24 a petty offense. A second or subsequent offense is a Class C

25 misdemeanor.

26 (b) Upon receiving a report from any school official

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1 pursuant to this Section, or from any other person, the

2 principal or his or her designee shall immediately notify a

3 local law enforcement agency. If the person found to be in

4 possession of a firearm on school grounds is a student, the

5 principal or his or her designee shall also immediately notify

6 that student's parent or guardian. Any principal or his or her

7 designee acting in good faith who makes such reports under this

8 Section shall have immunity from any civil or criminal

9 liability that might otherwise be incurred or imposed as a

10 result of making the reports. Knowingly and willfully failing

11 to comply with this Section is a petty offense. A second or

12 subsequent offense is a Class C misdemeanor. If the person

13 found to be in possession of the firearm on school grounds is a

14 minor, the law enforcement agency shall detain that minor until

15 such time as the agency makes a determination pursuant to

16 clause (a) of subsection (1) of Section 5-401 of the Juvenile

17 Court Act of 1987, as to whether the agency reasonably believes

18 that the minor is delinquent. If the law enforcement agency

19 determines that probable cause exists to believe that the minor

20 committed a violation of item (4) of subsection (a) of Section

21 24-1 of the Criminal Code of 2012 while on school grounds, the

22 agency shall detain the minor for processing pursuant to

23 Section 5-407 of the Juvenile Court Act of 1987.

24 (c) On or after January 1, 1997, upon receipt of any

25 written, electronic, or verbal report from any school personnel

26 regarding a verified incident involving a firearm in a school

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1 or on school owned or leased property, including any conveyance

2 owned, leased, or used by the school for the transport of

3 students or school personnel, the superintendent or his or her

4 designee shall report all such firearm-related incidents

5 occurring in a school or on school property to the local law

6 enforcement authorities immediately and to the Department of

7 State Police in a form, manner, and frequency as prescribed by

8 the Department of State Police.

9 The State Board of Education shall receive an annual

10 statistical compilation and related data associated with

11 incidents involving firearms in schools from the Department of

12 State Police. The State Board of Education shall compile this

13 information by school district and make it available to the

14 public.

15 (d) As used in this Section, the term "firearm" shall have

16 the meaning ascribed to it in Section2-7.5 of the Criminal

17 Code of 2012 ~~1.1 of the Firearm Owners Identification Card Act~~.

18 As used in this Section, the term "school" means any public

19 or private elementary or secondary school.

20 As used in this Section, the term "school grounds" includes

21 the real property comprising any school, any conveyance owned,

22 leased, or contracted by a school to transport students to or

23 from school or a school-related activity, or any public way

24 within 1,000 feet of the real property comprising any school.

25 (Source: P.A. 97-1150, eff. 1-25-13.)

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1 (105 ILCS 5/34-8.05)

2 Sec. 34-8.05. Reporting firearms in schools. On or after

3 January 1, 1997, upon receipt of any written, electronic, or

4 verbal report from any school personnel regarding a verified

5 incident involving a firearm in a school or on school owned or

6 leased property, including any conveyance owned, leased, or

7 used by the school for the transport of students or school

8 personnel, the general superintendent or his or her designee

9 shall report all such firearm-related incidents occurring in a

10 school or on school property to the local law enforcement

11 authorities no later than 24 hours after the occurrence of the

12 incident and to the Department of State Police in a form,

13 manner, and frequency as prescribed by the Department of State

14 Police.

15 The State Board of Education shall receive an annual

16 statistical compilation and related data associated with

17 incidents involving firearms in schools from the Department of

18 State Police. As used in this Section, the term "firearm" shall

19 have the meaning ascribed to it in Section 2-7.5 of the

20 Criminal Code of 2012~~1.1 of the Firearm Owners Identification~~

21 ~~Card Act~~.

22 (Source: P.A. 89-498, eff. 6-27-96.)

23 Section 40. The Illinois Explosives Act is amended by

24 changing Section 2005 as follows:

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1 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)

2 Sec. 2005. Qualifications for licensure.

3 (a) No person shall qualify to hold a license who:

4 (1) is under 21 years of age;

5 (2) has been convicted in any court of a crime

6 punishable by imprisonment for a term exceeding one year;

7 (3) is under indictment for a crime punishable by

8 imprisonment for a term exceeding one year;

9 (4) is a fugitive from justice;

10 (5) is an unlawful user of or addicted to any

11 controlled substance as defined in Section 102 of the

12 federal Controlled Substances Act (21 U.S.C. Sec. 802 et

13 seq.);

14 (6) has been adjudicated a mentally disabled person as

15 defined in Section 6-103.1 of the Mental Health and

16 Developmental Disabilities Code ~~1.1 of the Firearm Owners~~

17 ~~Identification Card Act~~; or

18 (7) is not a legal citizen of the United States.

19 (b) A person who has been granted a "relief from

20 disabilities" regarding criminal convictions and indictments,

21 pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.

22 845) may receive a license provided all other qualifications

23 under this Act are met.

24 (Source: P.A. 98-63, eff. 7-9-13.)

25 Section 45. The Private Detective, Private Alarm, Private

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1 Security, and Locksmith Act of 2004 is amended by changing

2 Sections 35-30 and 35-35 as follows:

3 (225 ILCS 447/35-30)

4 (Section scheduled to be repealed on January 1, 2024)

5 Sec. 35-30. Employee requirements. All employees of a

6 licensed agency, other than those exempted, shall apply for a

7 permanent employee registration card. The holder of an agency

8 license issued under this Act, known in this Section as

9 "employer", may employ in the conduct of his or her business

10 employees under the following provisions:

11 (a) No person shall be issued a permanent employee

12 registration card who:

13 (1) Is younger than 18 years of age.

14 (2) Is younger than 21 years of age if the services

15 will include being armed.

16 (3) Has been determined by the Department to be unfit

17 by reason of conviction of an offense in this or another

18 state, including registration as a sex offender, but not

19 including a traffic offense. Persons convicted of felonies

20 involving bodily harm, weapons, violence, or theft within

21 the previous 10 years shall be presumed to be unfit for

22 registration. The Department shall adopt rules for making

23 those determinations that shall afford the applicant due

24 process of law.

25 (4) Has had a license or permanent employee

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1 registration card denied, suspended, or revoked under this

2 Act (i) within one year before the date the person's

3 application for permanent employee registration card is

4 received by the Department; and (ii) that refusal, denial,

5 suspension, or revocation was based on any provision of

6 this Act other than Section 40-50, item (6) or (8) of

7 subsection (a) of Section 15-10, subsection (b) of Section

8 15-10, item (6) or (8) of subsection (a) of Section 20-10,

9 subsection (b) of Section 20-10, item (6) or (8) of

10 subsection (a) of Section 25-10, subsection (b) of Section

11 25-10, item (7) of subsection (a) of Section 30-10,

12 subsection (b) of Section 30-10, or Section 10-40.

13 (5) Has been declared incompetent by any court of

14 competent jurisdiction by reason of mental disease or

15 defect and has not been restored.

16 (6) Has been dishonorably discharged from the armed

17 services of the United States.

18 (b) No person may be employed by a private detective

19 agency, private security contractor agency, private alarm

20 contractor agency, fingerprint vendor agency, or locksmith

21 agency under this Section until he or she has executed and

22 furnished to the employer, on forms furnished by the

23 Department, a verified statement to be known as "Employee's

24 Statement" setting forth:

25 (1) The person's full name, age, and residence address.

26 (2) The business or occupation engaged in for the 5

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1 years immediately before the date of the execution of the

2 statement, the place where the business or occupation was

3 engaged in, and the names of employers, if any.

4 (3) That the person has not had a license or employee

5 registration denied, revoked, or suspended under this Act

6 (i) within one year before the date the person's

7 application for permanent employee registration card is

8 received by the Department; and (ii) that refusal, denial,

9 suspension, or revocation was based on any provision of

10 this Act other than Section 40-50, item (6) or (8) of

11 subsection (a) of Section 15-10, subsection (b) of Section

12 15-10, item (6) or (8) of subsection (a) of Section 20-10,

13 subsection (b) of Section 20-10, item (6) or (8) of

14 subsection (a) of Section 25-10, subsection (b) of Section

15 25-10, item (7) of subsection (a) of Section 30-10,

16 subsection (b) of Section 30-10, or Section 10-40.

17 (4) Any conviction of a felony or misdemeanor.

18 (5) Any declaration of incompetence by a court of

19 competent jurisdiction that has not been restored.

20 (6) Any dishonorable discharge from the armed services

21 of the United States.

22 (7) Any other information as may be required by any

23 rule of the Department to show the good character,

24 competency, and integrity of the person executing the

25 statement.

26 (c) Each applicant for a permanent employee registration

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1 card shall have his or her fingerprints submitted to the

2 Department of State Police in an electronic format that

3 complies with the form and manner for requesting and furnishing

4 criminal history record information as prescribed by the

5 Department of State Police. These fingerprints shall be checked

6 against the Department of State Police and Federal Bureau of

7 Investigation criminal history record databases now and

8 hereafter filed. The Department of State Police shall charge

9 applicants a fee for conducting the criminal history records

10 check, which shall be deposited in the State Police Services

11 Fund and shall not exceed the actual cost of the records check.

12 The Department of State Police shall furnish, pursuant to

13 positive identification, records of Illinois convictions to

14 the Department. The Department may require applicants to pay a

15 separate fingerprinting fee, either to the Department or

16 directly to the vendor. The Department, in its discretion, may

17 allow an applicant who does not have reasonable access to a

18 designated vendor to provide his or her fingerprints in an

19 alternative manner. The Department, in its discretion, may also

20 use other procedures in performing or obtaining criminal

21 background checks of applicants. Instead of submitting his or

22 her fingerprints, an individual may submit proof that is

23 satisfactory to the Department that an equivalent security

24 clearance has been conducted. Also, an individual who has

25 retired as a peace officer within 12 months of application may

26 submit verification, on forms provided by the Department and

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1 signed by his or her employer, of his or her previous full-time

2 employment as a peace officer.

3 (d) The Department shall issue a permanent employee

4 registration card, in a form the Department prescribes, to all

5 qualified applicants. The holder of a permanent employee

6 registration card shall carry the card at all times while

7 actually engaged in the performance of the duties of his or her

8 employment. Expiration and requirements for renewal of

9 permanent employee registration cards shall be established by

10 rule of the Department. Possession of a permanent employee

11 registration card does not in any way imply that the holder of

12 the card is employed by an agency unless the permanent employee

13 registration card is accompanied by the employee

14 identification card required by subsection (f) of this Section.

15 (e) Each employer shall maintain a record of each employee

16 that is accessible to the duly authorized representatives of

17 the Department. The record shall contain the following

18 information:

19 (1) A photograph taken within 10 days of the date that

20 the employee begins employment with the employer. The

21 photograph shall be replaced with a current photograph

22 every 3 calendar years.

23 (2) The Employee's Statement specified in subsection

24 (b) of this Section.

25 (3) All correspondence or documents relating to the

26 character and integrity of the employee received by the

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1 employer from any official source or law enforcement

2 agency.

3 (4) In the case of former employees, the employee

4 identification card of that person issued under subsection

5 (f) of this Section. Each employee record shall duly note

6 if the employee is employed in an armed capacity. Armed

7 employee files shall contain~~a copy of an active firearm~~

8 ~~owner's identification card and~~a copy of an active firearm

9 control card. Each employer shall maintain a record for

10 each armed employee of each instance in which the

11 employee's weapon was discharged during the course of his

12 or her professional duties or activities. The record shall

13 be maintained on forms provided by the Department, a copy

14 of which must be filed with the Department within 15 days

15 of an instance. The record shall include the date and time

16 of the occurrence, the circumstances involved in the

17 occurrence, and any other information as the Department may

18 require. Failure to provide this information to the

19 Department or failure to maintain the record as a part of

20 each armed employee's permanent file is grounds for

21 disciplinary action. The Department, upon receipt of a

22 report, shall have the authority to make any investigation

23 it considers appropriate into any occurrence in which an

24 employee's weapon was discharged and to take disciplinary

25 action as may be appropriate.

26 (5) A copy of the employee's permanent employee

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1 registration card or a copy of the Department's "License

2 Lookup" Webpage showing that the employee has been issued a

3 valid permanent employee registration card by the

4 Department.

5 The Department may, by rule, prescribe further record

6 requirements.

7 (f) Every employer shall furnish an employee

8 identification card to each of his or her employees. This

9 employee identification card shall contain a recent photograph

10 of the employee, the employee's name, the name and agency

11 license number of the employer, the employee's personal

12 description, the signature of the employer, the signature of

13 that employee, the date of issuance, and an employee

14 identification card number.

15 (g) No employer may issue an employee identification card

16 to any person who is not employed by the employer in accordance

17 with this Section or falsely state or represent that a person

18 is or has been in his or her employ. It is unlawful for an

19 applicant for registered employment to file with the Department

20 the fingerprints of a person other than himself or herself.

21 (h) Every employer shall obtain the identification card of

22 every employee who terminates employment with him or her.

23 (i) Every employer shall maintain a separate roster of the

24 names of all employees currently working in an armed capacity

25 and submit the roster to the Department on request.

26 (j) No agency may employ any person to perform a licensed

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1 activity under this Act unless the person possesses a valid

2 permanent employee registration card or a valid license under

3 this Act, or is exempt pursuant to subsection (n).

4 (k) Notwithstanding the provisions of subsection (j), an

5 agency may employ a person in a temporary capacity if all of

6 the following conditions are met:

7 (1) The agency completes in its entirety and submits to

8 the Department an application for a permanent employee

9 registration card, including the required fingerprint

10 receipt and fees.

11 (2) The agency has verification from the Department

12 that the applicant has no record of any criminal conviction

13 pursuant to the criminal history check conducted by the

14 Department of State Police. The agency shall maintain the

15 verification of the results of the Department of State

16 Police criminal history check as part of the employee

17 record as required under subsection (e) of this Section.

18 (3) The agency exercises due diligence to ensure that

19 the person is qualified under the requirements of the Act

20 to be issued a permanent employee registration card.

21 (4) The agency maintains a separate roster of the names

22 of all employees whose applications are currently pending

23 with the Department and submits the roster to the

24 Department on a monthly basis. Rosters are to be maintained

25 by the agency for a period of at least 24 months.

26 An agency may employ only a permanent employee applicant

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1 for which it either submitted a permanent employee application

2 and all required forms and fees or it confirms with the

3 Department that a permanent employee application and all

4 required forms and fees have been submitted by another agency,

5 licensee or the permanent employee and all other requirements

6 of this Section are met.

7 The Department shall have the authority to revoke, without

8 a hearing, the temporary authority of an individual to work

9 upon receipt of Federal Bureau of Investigation fingerprint

10 data or a report of another official authority indicating a

11 criminal conviction. If the Department has not received a

12 temporary employee's Federal Bureau of Investigation

13 fingerprint data within 120 days of the date the Department

14 received the Department of State Police fingerprint data, the

15 Department may, at its discretion, revoke the employee's

16 temporary authority to work with 15 days written notice to the

17 individual and the employing agency.

18 An agency may not employ a person in a temporary capacity

19 if it knows or reasonably should have known that the person has

20 been convicted of a crime under the laws of this State, has

21 been convicted in another state of any crime that is a crime

22 under the laws of this State, has been convicted of any crime

23 in a federal court, or has been posted as an unapproved

24 applicant by the Department. Notice by the Department to the

25 agency, via certified mail, personal delivery, electronic

26 mail, or posting on the Department's Internet site accessible

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1 to the agency that the person has been convicted of a crime

2 shall be deemed constructive knowledge of the conviction on the

3 part of the agency. The Department may adopt rules to implement

4 this subsection (k).

5 (l) No person may be employed under this Section in any

6 capacity if:

7 (1) the person, while so employed, is being paid by the

8 United States or any political subdivision for the time so

9 employed in addition to any payments he or she may receive

10 from the employer; or

11 (2) the person wears any portion of his or her official

12 uniform, emblem of authority, or equipment while so

13 employed.

14 (m) If information is discovered affecting the

15 registration of a person whose fingerprints were submitted

16 under this Section, the Department shall so notify the agency

17 that submitted the fingerprints on behalf of that person.

18 (n) Peace officers shall be exempt from the requirements of

19 this Section relating to permanent employee registration

20 cards. The agency shall remain responsible for any peace

21 officer employed under this exemption, regardless of whether

22 the peace officer is compensated as an employee or as an

23 independent contractor and as further defined by rule.

24 (o) Persons who have no access to confidential or security

25 information, who do not go to a client's or prospective

26 client's residence or place of business, and who otherwise do

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1 not provide traditional security services are exempt from

2 employee registration. Examples of exempt employees include,

3 but are not limited to, employees working in the capacity of

4 ushers, directors, ticket takers, cashiers, drivers, and

5 reception personnel. Confidential or security information is

6 that which pertains to employee files, scheduling, client

7 contracts, or technical security and alarm data.

8 (p) An applicant who is 21 years of age or older seeking a

9 religious exemption to the photograph requirement of this

10 Section shall furnish with the application an approved copy of

11 United States Department of the Treasury Internal Revenue

12 Service Form 4029. Regardless of age, an applicant seeking a

13 religious exemption to this photograph requirement shall

14 submit fingerprints in a form and manner prescribed by the

15 Department with his or her application in lieu of a photograph.

16 (Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)

17 (225 ILCS 447/35-35)

18 (Section scheduled to be repealed on January 1, 2024)

19 Sec. 35-35. Requirement of a firearm control card.

20 (a) No person shall perform duties that include the use,

21 carrying, or possession of a firearm in the performance of

22 those duties without complying with the provisions of this

23 Section and having been issued a valid firearm control card by

24 the Department.

25 (b) No employer shall employ any person to perform the

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1 duties for which licensure or employee registration is required

2 and allow that person to carry a firearm unless that person has

3 complied with all the firearm training requirements of this

4 Section and has been issued a firearm control card. This Act

5 permits only the following to carry firearms while actually

6 engaged in the performance of their duties or while commuting

7 directly to or from their places of employment: persons

8 licensed as private detectives and their registered employees;

9 persons licensed as private security contractors and their

10 registered employees; persons licensed as private alarm

11 contractors and their registered employees; and employees of a

12 registered armed proprietary security force.

13 (c) Possession of a valid firearm control card allows a

14 licensee or employee to carry a firearm not otherwise

15 prohibited by law while the licensee or employee is engaged in

16 the performance of his or her duties or while the licensee or

17 employee is commuting directly to or from the licensee's or

18 employee's place or places of employment.

19 (d) The Department shall issue a firearm control card to a

20 person who has passed an approved firearm training course, who

21 is currently licensed or employed by an agency licensed by this

22 Act and has met all the requirements of this Act, and who is

23 not prohibited under State or federal law from possessing a

24 firearm~~possesses a valid firearm owner identification card~~.

25 Application for the firearm control card shall be made by the

26 employer to the Department on forms provided by the Department.

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1 The Department shall forward the card to the employer who shall

2 be responsible for its issuance to the licensee or employee.

3 The firearm control card shall be issued by the Department and

4 shall identify the person holding it and the name of the course

5 where the licensee or employee received firearm instruction and

6 shall specify the type of weapon or weapons the person is

7 authorized by the Department to carry and for which the person

8 has been trained.

9 (e) Expiration and requirements for renewal of firearm

10 control cards shall be determined by rule.

11 (f) The Department may, in addition to any other

12 disciplinary action permitted by this Act, refuse to issue,

13 suspend, or revoke a firearm control card if the applicant or

14 holder has been convicted of any felony or crime involving the

15 illegal use, carrying, or possession of a deadly weapon or for

16 a violation of this Act or rules adopted ~~promulgated~~under this

17 Act. The Department shall refuse to issue or shall revoke a

18 firearm control card if the applicant or holder is prohibited

19 under State or federal law from possessing a firearm~~fails to~~

20 ~~possess a valid firearm owners identification card without~~

21 ~~hearing~~. The Secretary shall summarily suspend a firearm

22 control card if the Secretary finds that its continued use

23 would constitute an imminent danger to the public. A hearing

24 shall be held before the Board within 30 days if the Secretary

25 summarily suspends a firearm control card.

26 (g) Notwithstanding any other provision of this Act to the

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1 contrary, all requirements relating to firearms control cards

2 do not apply to a peace officer.

3 (h) The Department may issue a temporary firearm control

4 card pending issuance of a new firearm control card upon an

5 agency's acquiring of an established armed account. An agency

6 that has acquired armed employees as a result of acquiring an

7 established armed account may, on forms supplied by the

8 Department, request the issuance of a temporary firearm control

9 card for each acquired employee who held a valid firearm

10 control card under his or her employment with the newly

11 acquired established armed account immediately preceding the

12 acquiring of the account and who continues to meet all of the

13 qualifications for issuance of a firearm control card set forth

14 in this Act and any rules adopted under this Act. The

15 Department shall, by rule, set the fee for issuance of a

16 temporary firearm control card.

17 (i) The Department shall not issue a firearm control card

18 to a licensed fingerprint vendor or a licensed locksmith or

19 employees of a licensed fingerprint vendor agency or a licensed

20 locksmith agency.

21 (Source: P.A. 98-253, eff. 8-9-13.)

22 Section 50. The Mental Health and Developmental

23 Disabilities Code is amended by changing Sections 6-103.1,

24 6-103.2, and 6-103.3 as follows:

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1 (405 ILCS 5/6-103.1)

2 Sec. 6-103.1. Adjudication as a mentally disabled person.

3 When a person has been adjudicated as a mentally disabled

4 person ~~as defined in Section 1.1 of the Firearm Owners~~

5 ~~Identification Card Act~~, including, but not limited to, an

6 adjudication as a disabled person as defined in Section 11a-2

7 of the Probate Act of 1975, the court shall direct the circuit

8 court clerk to notify the Department of State Police~~, Firearm~~

9 ~~Owner's Identification (FOID) Office~~, in a form and manner

10 prescribed by the Department of State Police, and shall forward

11 a copy of the court order to the Department no later than 7

12 days after the entry of the order. Upon receipt of the order,

13 the Department of State Police shall provide notification to

14 the National Instant Criminal Background Check System. For

15 purposes of this Section, "has been adjudicated as a mentally

16 disabled person" means the person is the subject of a

17 determination by a court, board, commission, or other lawful

18 authority that the person, as a result of marked subnormal

19 intelligence, or mental illness, mental impairment,

20 incompetency, condition, or disease:

21 (1) presents a clear and present danger to himself,

22 herself, or to others;

23 (2) lacks the mental capacity to manage his or her own

24 affairs or is adjudicated a disabled person as defined in

25 Section 11a-2 of the Probate Act of 1975;

26 (3) is not guilty in a criminal case by reason of

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1 insanity, mental disease or defect;

2 (3.5) is guilty but mentally ill, as provided in

3 Section 5-2-6 of the Unified Code of Corrections;

4 (4) is incompetent to stand trial in a criminal case;

5 (5) is not guilty by reason of lack of mental

6 responsibility under Articles 50a and 72b of the Uniform

7 Code of Military Justice, 10 U.S.C. 850a, 876b;

8 (6) is a sexually violent person under subsection (f)

9 of Section 5 of the Sexually Violent Persons Commitment

10 Act;

11 (7) is a sexually dangerous person under the Sexually

12 Dangerous Persons Act;

13 (8) is unfit to stand trial under the Juvenile Court

14 Act of 1987;

15 (9) is not guilty by reason of insanity under the

16 Juvenile Court Act of 1987;

17 (10) is subject to involuntary admission as an

18 inpatient as defined in Section 1-119 of the Mental Health

19 and Developmental Disabilities Code;

20 (11) is subject to involuntary admission as an

21 outpatient as defined in Section 1-119.1 of the Mental

22 Health and Developmental Disabilities Code;

23 (12) is subject to judicial admission as set forth in

24 Section 4-500 of the Mental Health and Developmental

25 Disabilities Code; or

26 (13) is subject to the provisions of the Interstate

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1 Agreements on Sexually Dangerous Persons Act.

2 (Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)

3 (405 ILCS 5/6-103.2)

4 Sec. 6-103.2. Developmental disability; notice. For

5 purposes of this Section, if a person is determined to be

6 developmentally disabled ~~as defined in Section 1.1 of the~~

7 ~~Firearm Owners Identification Card Act~~ by a physician, clinical

8 psychologist, or qualified examiner, whether practicing at a

9 public or by a private mental health facility or developmental

10 disability facility, the physician, clinical psychologist, or

11 qualified examiner shall notify the Department of Human

12 Services within 24 hours of making the determination that the

13 person has a developmental disability. The Department of Human

14 Services shall immediately update its records and information

15 relating to mental health and developmental disabilities, and

16 if appropriate, shall notify the Department of State Police in

17 a form and manner prescribed by the Department of State Police.

18 Information disclosed under this Section shall remain

19 privileged and confidential, and shall not be redisclosed,

20 except as required under clause (e)(2) of Section 24-4.5 of the

21 Criminal Code of 2012 ~~subsection (e) of Section 3.1 of the~~

22 ~~Firearm Owners Identification Card Act~~, nor used for any other

23 purpose. The method of providing this information shall

24 guarantee that the information is not released beyond that

25 which is necessary for the purpose of this Section and shall be

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1 provided by rule by the Department of Human Services. The

2 identity of the person reporting under this Section shall not

3 be disclosed to the subject of the report.

4 The physician, clinical psychologist, or qualified

5 examiner making the determination and his or her employer may

6 not be held criminally, civilly, or professionally liable for

7 making or not making the notification required under this

8 Section, except for willful or wanton misconduct.

9 In this Section, "developmentally disabled" has the

10 meaning ascribed to it in Section 12 of the Mental Health and

11 Developmental Disabilities Confidentiality Act.

12 (Source: P.A. 98-63, eff. 7-9-13.)

13 (405 ILCS 5/6-103.3)

14 Sec. 6-103.3. Clear and present danger; notice. If a person

15 is determined to pose a clear and present danger to himself,

16 herself, or to others by a physician, clinical psychologist, or

17 qualified examiner, whether employed by the State, by any

18 public or private mental health facility or part thereof, or by

19 a law enforcement official or a school administrator, then the

20 physician, clinical psychologist, qualified examiner shall

21 notify the Department of Human Services and a law enforcement

22 official or school administrator shall notify the Department of

23 State Police, within 24 hours of making the determination that

24 the person poses a clear and present danger. The Department of

25 Human Services shall immediately update its records and

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1 information relating to mental health and developmental

2 disabilities, and if appropriate, shall notify the Department

3 of State Police in a form and manner prescribed by the

4 Department of State Police. Information disclosed under this

5 Section shall remain privileged and confidential, and shall not

6 be redisclosed, except as required under clause (e)(2) of

7 Section 24-4.5 of the Criminal Code of 2012 ~~subsection (e) of~~

8 ~~Section 3.1 of the Firearm Owners Identification Card Act~~, nor

9 used for any other purpose. The method of providing this

10 information shall guarantee that the information is not

11 released beyond that which is necessary for the purpose of this

12 Section and shall be provided by rule by the Department of

13 Human Services. The identity of the person reporting under this

14 Section shall not be disclosed to the subject of the report.

15 The physician, clinical psychologist, qualified examiner, law

16 enforcement official, or school administrator making the

17 determination and his or her employer shall not be held

18 criminally, civilly, or professionally liable for making or not

19 making the notification required under this Section, except for

20 willful or wanton misconduct. This Section does not apply to a

21 law enforcement official, if making the notification under this

22 Section will interfere with an ongoing or pending criminal

23 investigation.

24 For the purposes of this Section:

25 "Clear and present danger" means a person who:

26 (1) communicates a serious threat of physical

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1 violence against a reasonably identifiable victim or

2 poses a clear and imminent risk of serious physical

3 injury to himself, herself, or another person as

4 determined by a physician, clinical psychologist, or

5 qualified examiner; or

6 (2) demonstrates threatening physical or verbal

7 behavior, such as violent, suicidal, or assaultive

8 threats, actions, or other behavior, as determined by a

9 physician, clinical psychologist, qualified examiner,

10 school administrator, or law enforcement official.

11 "Physician", "clinical psychologist", and "qualified

12 examiner" have the meanings ascribed to them in the Mental

13 Health and Developmental Disabilities Code ~~has the meaning~~

14 ~~ascribed to it in Section 1.1 of the Firearm Owners~~

15 ~~Identification Card Act~~.

16 "School administrator" means the person required to

17 report under the School Administrator Reporting of Mental

18 Health Clear and Present Danger Determinations Law.

19 (Source: P.A. 98-63, eff. 7-9-13.)

20 Section 55. The Lead Poisoning Prevention Act is amended by

21 changing Section 2 as follows:

22 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)

23 Sec. 2. Definitions. As used in this Act:

24 "Child care facility" means any structure used by a child

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1 care provider licensed by the Department of Children and Family

2 Services or public or private school structure frequented by

3 children 6 years of age or younger.

4 "Childhood Lead Risk Questionnaire" means the

5 questionnaire developed by the Department for use by physicians

6 and other health care providers to determine risk factors for

7 children 6 years of age or younger residing in areas designated

8 as low risk for lead exposure.

9 "Delegate agency" means a unit of local government or

10 health department approved by the Department to carry out the

11 provisions of this Act.

12 "Department" means the Department of Public Health.

13 "Director" means the Director of Public Health.

14 "Dwelling unit" means an individual unit within a

15 residential building used as living quarters for one household.

16 "Elevated blood lead level" means a blood lead level in

17 excess of those considered within the permissible limits as

18 established under State and federal rules.

19 "Exposed surface" means any interior or exterior surface of

20 a regulated facility.

21 "High risk area" means an area in the State determined by

22 the Department to be high risk for lead exposure for children 6

23 years of age or younger. The Department may consider, but is

24 not limited to, the following factors to determine a high risk

25 area: age and condition (using Department of Housing and Urban

26 Development definitions of "slum" and "blighted") of housing,

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1 proximity to highway traffic or heavy local traffic or both,

2 percentage of housing determined as rental or vacant, proximity

3 to industry using lead, established incidence of elevated blood

4 lead levels in children, percentage of population living below

5 200% of federal poverty guidelines, and number of children

6 residing in the area who are 6 years of age or younger.

7 "Lead abatement" means any approved work practices that

8 will permanently eliminate lead exposure or remove the

9 lead-bearing substances in a regulated facility. The

10 Department shall establish by rule which work practices are

11 approved or prohibited for lead abatement.

12 "Lead abatement contractor" means any person or entity

13 licensed by the Department to perform lead abatement and

14 mitigation.

15 "Lead abatement supervisor" means any person employed by a

16 lead abatement contractor and licensed by the Department to

17 perform lead abatement and lead mitigation and to supervise

18 lead workers who perform lead abatement and lead mitigation.

19 "Lead abatement worker" means any person employed by a lead

20 abatement contractor and licensed by the Department to perform

21 lead abatement and mitigation.

22 "Lead activities" means the conduct of any lead services,

23 including, lead inspection, lead risk assessment, lead

24 mitigation, or lead abatement work or supervision in a

25 regulated facility.

26 "Lead-bearing substance" means any item containing or

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1 coated with lead such that the lead content is more than

2 six-hundredths of one percent (0.06%) lead by total weight; or

3 any dust on surfaces or in furniture or other nonpermanent

4 elements of the regulated facility; or any paint or other

5 surface coating material containing more than five-tenths of

6 one percent (0.5%) lead by total weight (calculated as lead

7 metal) in the total non-volatile content of liquid paint; or

8 lead-bearing substances containing greater than one milligram

9 per square centimeter or any lower standard for lead content in

10 residential paint as may be established by federal law or rule

11 ; or more than 1 milligram per square centimeter in the dried

12 film of paint or previously applied substance; or item or dust

13 on item containing lead in excess of the amount specified in

14 the rules authorized by this Act or a lower standard for lead

15 content as may be established by federal law or rule.

16 "Lead-bearing substance" does not include firearm ammunition

17 or components as defined by Section 2-7.1 of the Criminal Code

18 of 2012 ~~the Firearm Owners Identification Card Act~~.

19 "Lead hazard" means a lead-bearing substance that poses an

20 immediate health hazard to humans.

21 "Lead hazard screen" means a lead risk assessment that

22 involves limited dust and paint sampling for lead-bearing

23 substances and lead hazards. This service is used as a

24 screening tool designed to determine if further lead

25 investigative services are required for the regulated

26 facility.

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1 "Lead inspection" means a surface-by-surface investigation

2 to determine the presence of lead-based paint.

3 "Lead inspector" means an individual who has been trained

4 by a Department-approved training program and is licensed by

5 the Department to conduct lead inspections; to sample for the

6 presence of lead in paint, dust, soil, and water; and to

7 conduct compliance investigations.

8 "Lead mitigation" means the remediation, in a manner

9 described in Section 9, of a lead hazard so that the

10 lead-bearing substance does not pose an immediate health hazard

11 to humans.

12 "Lead poisoning" means the condition of having blood lead

13 levels in excess of those considered safe under State and

14 federal rules.

15 "Lead risk assessment" means an on-site investigation to

16 determine the existence, nature, severity, and location of lead

17 hazards. "Lead risk assessment" includes any lead sampling and

18 visual assessment associated with conducting a lead risk

19 assessment and lead hazard screen and all lead sampling

20 associated with compliance investigations.

21 "Lead risk assessor" means an individual who has been

22 trained by a Department-approved training program and is

23 licensed by the Department to conduct lead risk assessments,

24 lead inspections, and lead hazard screens; to sample for the

25 presence of lead in paint, dust, soil, water, and sources for

26 lead-bearing substances; and to conduct compliance

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1 investigations.

2 "Lead training program provider" means any person

3 providing Department-approved lead training in Illinois to

4 individuals seeking licensure in accordance with the Act.

5 "Low risk area" means an area in the State determined by

6 the Department to be low risk for lead exposure for children 6

7 years of age or younger. The Department may consider the

8 factors named in "high risk area" to determine low risk areas.

9 "Owner" means any person, who alone, jointly, or severally

10 with others:

11 (a) Has legal title to any regulated facility, with or

12 without actual possession of the regulated facility, or

13 (b) Has charge, care, or control of the regulated

14 facility as owner or agent of the owner, or as executor,

15 administrator, trustee, or guardian of the estate of the

16 owner.

17 "Person" means any individual, partnership, firm, company,

18 limited liability company, corporation, association, joint

19 stock company, trust, estate, political subdivision, State

20 agency, or any other legal entity, or their legal

21 representative, agent, or assign.

22 "Regulated facility" means a residential building or child

23 care facility.

24 "Residential building" means any room, group of rooms, or

25 other interior areas of a structure designed or used for human

26 habitation; common areas accessible by inhabitants; and the

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1 surrounding property or structures.

2 (Source: P.A. 98-690, eff. 1-1-15.)

3 (430 ILCS 65/Act rep.)

4 Section 60. The Firearm Owners Identification Card Act is

5 repealed.

6 Section 65. The Firearm Concealed Carry Act is amended by

7 changing Sections 25, 30, 40, 70, 80, and 105 as follows:

8 (430 ILCS 66/25)

9 Sec. 25. Qualifications for a license.

10 The Department shall issue a license to an applicant

11 completing an application in accordance with Section 30 of this

12 Act if the person:

13 (1) is at least 21 years of age;

14 (2) ~~has a currently valid Firearm Owner's~~

15 ~~Identification Card and at the time of application meets~~

16 ~~the requirements for the issuance of a Firearm Owner's~~

17 ~~Identification Card and~~ is not prohibited under State or

18 ~~the Firearm Owners Identification Card Act or~~ federal law

19 from possessing or receiving a firearm;

20 (3) has not been convicted or found guilty in this

21 State or in any other state of:

22 (A) a misdemeanor involving the use or threat of

23 physical force or violence to any person within the 5

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1 years preceding the date of the license application; or

2 (B) 2 or more violations related to driving while

3 under the influence of alcohol, other drug or drugs,

4 intoxicating compound or compounds, or any combination

5 thereof, within the 5 years preceding the date of the

6 license application;

7 (4) is not the subject of a pending arrest warrant,

8 prosecution, or proceeding for an offense or action that

9 could lead to disqualification to own or possess a firearm;

10 (5) has not been in residential or court-ordered

11 treatment for alcoholism, alcohol detoxification, or drug

12 treatment within the 5 years immediately preceding the date

13 of the license application; and

14 (6) has completed firearms training and any education

15 component required under Section 75 of this Act.

16 (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

17 (430 ILCS 66/30)

18 Sec. 30. Contents of license application.

19 (a) The license application shall be in writing, under

20 penalty of perjury, on a standard form adopted by the

21 Department and shall be accompanied by the documentation

22 required in this Section and the applicable fee. Each

23 application form shall include the following statement printed

24 in bold type: "Warning: Entering false information on this form

25 is punishable as perjury under Section 32-2 of the Criminal

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1 Code of 2012."

2 (b) The application shall contain the following:

3 (1) the applicant's name, current address, date and

4 year of birth, place of birth, height, weight, hair color,

5 eye color, maiden name or any other name the applicant has

6 used or identified with, and any address where the

7 applicant resided for more than 30 days within the 10 years

8 preceding the date of the license application;

9 (2) the applicant's valid driver's license number or

10 valid state identification card number;

11 (3) a waiver of the applicant's privacy and

12 confidentiality rights and privileges under all federal

13 and state laws, including those limiting access to juvenile

14 court, criminal justice, psychological, or psychiatric

15 records or records relating to any institutionalization of

16 the applicant, and an affirmative request that a person

17 having custody of any of these records provide it or

18 information concerning it to the Department;

19 (4) an affirmation that the applicant is not prohibited

20 under State or federal law from possessing or receiving a

21 firearm ~~possesses a currently valid Firearm Owner's~~

22 ~~Identification Card and card number if possessed or notice~~

23 ~~the applicant is applying for a Firearm Owner's~~

24 ~~Identification Card in conjunction with the license~~

25 ~~application~~;

26 (5) an affirmation that the applicant has not been

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1 convicted or found guilty of:

2 (A) a felony;

3 (B) a misdemeanor involving the use or threat of

4 physical force or violence to any person within the 5

5 years preceding the date of the application; or

6 (C) 2 or more violations related to driving while

7 under the influence of alcohol, other drug or drugs,

8 intoxicating compound or compounds, or any combination

9 thereof, within the 5 years preceding the date of the

10 license application; and

11 (6) whether the applicant has failed a drug test for a

12 drug for which the applicant did not have a prescription,

13 within the previous year, and if so, the provider of the

14 test, the specific substance involved, and the date of the

15 test;

16 (7) written consent for the Department to review and

17 use the applicant's Illinois digital driver's license or

18 Illinois identification card photograph and signature;

19 (8) a full set of fingerprints submitted to the

20 Department in electronic format, provided the Department

21 may accept an application submitted without a set of

22 fingerprints in which case the Department shall be granted

23 30 days in addition to the 90 days provided under

24 subsection (e) of Section 10 of this Act to issue or deny a

25 license;

26 (9) a head and shoulder color photograph in a size

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1 specified by the Department taken within the 30 days

2 preceding the date of the license application; and

3 (10) a photocopy of any certificates or other evidence

4 of compliance with the training requirements under this

5 Act.

6 (Source: P.A. 98-63, eff. 7-9-13.)

7 (430 ILCS 66/40)

8 Sec. 40. Non-resident license applications.

9 (a) For the purposes of this Section, "non-resident" means

10 a person who has not resided within this State for more than 30

11 days and resides in another state or territory.

12 (b) The Department shall by rule allow for non-resident

13 license applications from any state or territory of the United

14 States with laws related to firearm ownership, possession, and

15 carrying, that are substantially similar to the requirements to

16 obtain a license under this Act.

17 (c) A resident of a state or territory approved by the

18 Department under subsection (b) of this Section may apply for a

19 non-resident license. The applicant shall apply to the

20 Department and must meet all of the qualifications established

21 in Section 25 of this Act~~, except for the Illinois residency~~

22 ~~requirement in item (xiv) of paragraph (2) of subsection (a) of~~

23 ~~Section 4 of the Firearm Owners Identification Card Act~~. The

24 applicant shall submit:

25 (1) the application and documentation required under

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1 Section 30 of this Act and the applicable fee;

2 (2) a notarized document stating that the applicant:

3 (A) is eligible under federal law and the laws of

4 his or her state or territory of residence to own or

5 possess a firearm;

6 (B) if applicable, has a license or permit to carry

7 a firearm or concealed firearm issued by his or her

8 state or territory of residence and attach a copy of

9 the license or permit to the application;

10 (C) understands Illinois laws pertaining to the

11 possession and transport of firearms; ~~,~~ and

12 (D) acknowledges that the applicant is subject to

13 the jurisdiction of the Department and Illinois courts

14 for any violation of this Act; ~~and~~

15 (3) a photocopy of any certificates or other evidence

16 of compliance with the training requirements under Section

17 75 of this Act; and

18 (4) a head and shoulder color photograph in a size

19 specified by the Department taken within the 30 days

20 preceding the date of the application.

21 (d) In lieu of an Illinois driver's license or Illinois

22 identification card, a non-resident applicant shall provide

23 similar documentation from his or her state or territory of

24 residence. The applicant shall submit ~~In lieu of a valid~~

25 ~~Firearm Owner's Identification Card, the applicant shall~~

26 ~~submit documentation and information required by the~~

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1 ~~Department to obtain a Firearm Owner's Identification Card,~~

2 ~~including~~ an affidavit that the non-resident meets the mental

3 health standards to obtain a firearm under Illinois law, and

4 the Department shall ensure that the applicant would meet the

5 eligibility criteria under State law to possess a firearm ~~to~~

6 ~~obtain a Firearm Owner's Identification card~~ if he or she was a

7 resident of this State.

8 (e) Nothing in this Act shall prohibit a non-resident from

9 transporting a concealed firearm within his or her vehicle in

10 Illinois, if the concealed firearm remains within his or her

11 vehicle and the non-resident:

12 (1) is not prohibited from owning or possessing a

13 firearm under federal law;

14 (2) is eligible to carry a firearm in public under the

15 laws of his or her state or territory of residence, as

16 evidenced by the possession of a concealed carry license or

17 permit issued by his or her state of residence, if

18 applicable; and

19 (3) is not in possession of a license under this Act.

20 If the non-resident leaves his or her vehicle unattended,

21 he or she shall store the firearm within a locked vehicle or

22 locked container within the vehicle in accordance with

23 subsection (b) of Section 65 of this Act.

24 (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; revised

25 12-10-14.)

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1 (430 ILCS 66/70)

2 Sec. 70. Violations.

3 (a) A license issued or renewed under this Act shall be

4 revoked if, at any time, the licensee is found to be ineligible

5 for a license under this Act or the licensee is prohibited from

6 possessing a firearm under State or federal law ~~no longer meets~~

7 ~~the eligibility requirements of the Firearm Owners~~

8 ~~Identification Card Act~~.

9 (b) A license shall be suspended if an order of protection,

10 including an emergency order of protection, plenary order of

11 protection, or interim order of protection under Article 112A

12 of the Code of Criminal Procedure of 1963 or under the Illinois

13 Domestic Violence Act of 1986, is issued against a licensee for

14 the duration of the order, or if the Department is made aware

15 of a similar order issued against the licensee in any other

16 jurisdiction. If an order of protection is issued against a

17 licensee, the licensee shall surrender the license, as

18 applicable, to the court at the time the order is entered or to

19 the law enforcement agency or entity serving process at the

20 time the licensee is served the order. The court, law

21 enforcement agency, or entity responsible for serving the order

22 of protection shall notify the Department within 7 days and

23 transmit the license to the Department.

24 (c) A license is invalid upon expiration of the license,

25 unless the licensee has submitted an application to renew the

26 license, and the applicant is otherwise eligible to possess a

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1 license under this Act.

2 (d) A licensee shall not carry a concealed firearm while

3 under the influence of alcohol, other drug or drugs,

4 intoxicating compound or combination of compounds, or any

5 combination thereof, under the standards set forth in

6 subsection (a) of Section 11-501 of the Illinois Vehicle Code.

7 A licensee in violation of this subsection (d) shall be

8 guilty of a Class A misdemeanor for a first or second violation

9 and a Class 4 felony for a third violation. The Department may

10 suspend a license for up to 6 months for a second violation and

11 shall permanently revoke a license for a third violation.

12 (e) Except as otherwise provided, a licensee in violation

13 of this Act shall be guilty of a Class B misdemeanor. A second

14 or subsequent violation is a Class A misdemeanor. The

15 Department may suspend a license for up to 6 months for a

16 second violation and shall permanently revoke a license for 3

17 or more violations of Section 65 of this Act. Any person

18 convicted of a violation under this Section shall pay a $150

19 fee to be deposited into the Mental Health Reporting Fund, plus

20 any applicable court costs or fees.

21 (f) A licensee convicted or found guilty of a violation of

22 this Act who has a valid license and is otherwise eligible to

23 carry a concealed firearm shall only be subject to the

24 penalties under this Section and shall not be subject to the

25 penalties under Section 21-6, paragraph (4), (8), or (10) of

26 subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

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1 of paragraph (3) of subsection (a) of Section 24-1.6 of the

2 Criminal Code of 2012. Except as otherwise provided in this

3 subsection, nothing in this subsection prohibits the licensee

4 from being subjected to penalties for violations other than

5 those specified in this Act.

6 (g) A licensee whose license is revoked, suspended, or

7 denied shall, within 48 hours of receiving notice of the

8 revocation, suspension, or denial, surrender his or her

9 concealed carry license to the local law enforcement agency

10 where the person resides. The local law enforcement agency

11 shall provide the licensee a receipt and transmit the concealed

12 carry license to the Department of State Police. If the

13 licensee whose concealed carry license has been revoked,

14 suspended, or denied fails to comply with the requirements of

15 this subsection, the law enforcement agency where the person

16 resides may petition the circuit court to issue a warrant to

17 search for and seize the concealed carry license in the

18 possession and under the custody or control of the licensee

19 whose concealed carry license has been revoked, suspended, or

20 denied. The observation of a concealed carry license in the

21 possession of a person whose license has been revoked,

22 suspended, or denied constitutes a sufficient basis for the

23 arrest of that person for violation of this subsection. A

24 violation of this subsection is a Class A misdemeanor.

25 (h) (Blank). ~~A license issued or renewed under this Act~~

26 ~~shall be revoked if, at any time, the licensee is found~~

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1 ~~ineligible for a Firearm Owner's Identification Card, or the~~

2 ~~licensee no longer possesses a valid Firearm Owner's~~

3 ~~Identification Card. A licensee whose license is revoked under~~

4 ~~this subsection (h) shall surrender his or her concealed carry~~

5 ~~license as provided for in subsection (g) of this Section.~~

6 ~~This subsection shall not apply to a person who has filed~~

7 ~~an application with the State Police for renewal of a Firearm~~

8 ~~Owner's Identification Card and who is not otherwise ineligible~~

9 ~~to obtain a Firearm Owner's Identification Card.~~

10 (i) A certified firearms instructor who knowingly provides

11 or offers to provide a false certification that an applicant

12 has completed firearms training as required under this Act is

13 guilty of a Class A misdemeanor. A person guilty of a violation

14 of this subsection (i) is not eligible for court supervision.

15 The Department shall permanently revoke the firearms

16 instructor certification of a person convicted under this

17 subsection (i).

18 (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,

19 eff. 8-15-14.)

20 (430 ILCS 66/80)

21 Sec. 80. Certified firearms instructors.

22 (a) Within 60 days of the effective date of this Act, the

23 Department shall begin approval of certified firearms

24 instructors and enter certified firearms instructors into an

25 online registry on the Department's website.

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1 (b) A person who is not a certified firearms instructor

2 shall not teach applicant training courses or advertise or

3 otherwise represent courses they teach as qualifying their

4 students to meet the requirements to receive a license under

5 this Act. Each violation of this subsection is a business

6 offense with a fine of at least $1,000 per violation.

7 (c) A person seeking to become a certified firearms

8 instructor shall:

9 (1) be at least 21 years of age;

10 (2) be a legal resident of the United States; and

11 (3) meet the requirements of Section 25 of this Act~~,~~

12 ~~except for the Illinois residency requirement in item (xiv)~~

13 ~~of paragraph (2) of subsection (a) of Section 4 of the~~

14 ~~Firearm Owners Identification Card Act~~; and any additional

15 uniformly applied requirements established by the

16 Department.

17 (d) A person seeking to become a certified firearms

18 instructor, in addition to the requirements of subsection (c)

19 of this Section, shall:

20 (1) possess a high school diploma or high school

21 equivalency certificate; and

22 (2) have at least one of the following valid firearms

23 instructor certifications:

24 (A) certification from a law enforcement agency;

25 (B) certification from a firearm instructor course

26 offered by a State or federal governmental agency;

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1 (C) certification from a firearm instructor

2 qualification course offered by the Illinois Law

3 Enforcement Training Standards Board; or

4 (D) certification from an entity approved by the

5 Department that offers firearm instructor education

6 and training in the use and safety of firearms.

7 (e) A person may have his or her firearms instructor

8 certification denied or revoked if he or she does not meet the

9 requirements to obtain a license under this Act, provides false

10 or misleading information to the Department, or has had a prior

11 instructor certification revoked or denied by the Department.

12 (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718,

13 eff. 1-1-15.)

14 (430 ILCS 66/105)

15 Sec. 105. Duty of school administrator. It is the duty of

16 the principal of a public elementary or secondary school, or

17 his or her designee, and the chief administrative officer of a

18 private elementary or secondary school or a public or private

19 community college, college, or university, or his or her

20 designee, to report to the Department of State Police when a

21 student is determined to pose a clear and present danger to

22 himself, herself, or to others, within 24 hours of the

23 determination as provided in Section 6-103.3 of the Mental

24 Health and Developmental Disabilities Code. "Clear and present

25 danger" has the meaning as provided in paragraph (2) of the

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1 definition of "clear and present danger" in Section 6-103.3 of

2 the Mental Health and Developmental Disabilities Code ~~1.1 of~~

3 ~~the Firearm Owners Identification Card Act~~.

4 (Source: P.A. 98-63, eff. 7-9-13.)

5 Section 70. The Wildlife Code is amended by changing

6 Sections 3.2 and 3.2a as follows:

7 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)

8 Sec. 3.2. Hunting license; application; instruction.

9 Before the Department or any county, city, village, township,

10 incorporated town clerk or his duly designated agent or any

11 other person authorized or designated by the Department to

12 issue hunting licenses shall issue a hunting license to any

13 person, the person shall file his application with the

14 Department or other party authorized to issue licenses on a

15 form provided by the Department and further give definite proof

16 of identity and place of legal residence. Each clerk

17 designating agents to issue licenses and stamps shall furnish

18 the Department, within 10 days following the appointment, the

19 names and mailing addresses of the agents. Each clerk or his

20 duly designated agent shall be authorized to sell licenses and

21 stamps only within the territorial area for which he was

22 elected or appointed. No duly designated agent is authorized to

23 furnish licenses or stamps for issuance by any other business

24 establishment. Each application shall be executed and sworn to

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1 and shall set forth the name and description of the applicant

2 and place of residence.

3 No hunting license shall be issued to any person born on or

4 after January 1, 1980 unless he presents the person authorized

5 to issue the license evidence that he has held a hunting

6 license issued by the State of Illinois or another state in a

7 prior year, or a certificate of competency as provided in this

8 Section. Persons under 16 years of age may be issued a Lifetime

9 Hunting or Sportsmen's Combination License as provided under

10 Section 20-45 of the Fish and Aquatic Life Code but shall not

11 be entitled to hunt unless they have a certificate of

12 competency as provided in this Section and they shall have the

13 certificate in their possession while hunting.

14 The Department of Natural Resources shall authorize

15 personnel of the Department or certified volunteer instructors

16 to conduct courses, of not less than 10 hours in length, in

17 firearms and hunter safety, which may include training in bow

18 and arrow safety, at regularly specified intervals throughout

19 the State. Persons successfully completing the course shall

20 receive a certificate of competency. The Department of Natural

21 Resources may further cooperate with any reputable association

22 or organization in establishing courses if the organization has

23 as one of its objectives the promotion of safety in the

24 handling of firearms or bow and arrow.

25 The Department of Natural Resources shall designate any

26 person found by it to be competent to give instruction in the

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1 handling of firearms, hunter safety, and bow and arrow. The

2 persons so appointed shall give the course of instruction and

3 upon the successful completion shall issue to the person

4 instructed a certificate of competency in the safe handling of

5 firearms, hunter safety, and bow and arrow. No charge shall be

6 made for any course of instruction except for materials or

7 ammunition consumed. The Department of Natural Resources shall

8 furnish information on the requirements of hunter safety

9 education programs to be distributed free of charge to

10 applicants for hunting licenses by the persons appointed and

11 authorized to issue licenses. ~~Funds for the conducting of~~

12 ~~firearms and hunter safety courses shall be taken from the fee~~

13 ~~charged for the Firearm Owners Identification Card.~~

14 The fee for a hunting license to hunt all species for a

15 resident of Illinois is $12. For residents age 65 or older,

16 and, commencing with the 2012 license year, resident veterans

17 of the United States Armed Forces after returning from service

18 abroad or mobilization by the President of the United States,

19 the fee is one-half of the fee charged for a hunting license to

20 hunt all species for a resident of Illinois. Veterans must

21 provide to the Department, at one of the Department's 5

22 regional offices, verification of their service. The

23 Department shall establish what constitutes suitable

24 verification of service for the purpose of issuing resident

25 veterans hunting licenses at a reduced fee. The fee for a

26 hunting license to hunt all species shall be $1 for residents

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1 over 75 years of age. Nonresidents shall be charged $57 for a

2 hunting license.

3 Nonresidents may be issued a nonresident hunting license

4 for a period not to exceed 10 consecutive days' hunting in the

5 State and shall be charged a fee of $35.

6 A special nonresident hunting license authorizing a

7 nonresident to take game birds by hunting on a game breeding

8 and hunting preserve area only, established under Section 3.27,

9 shall be issued upon proper application being made and payment

10 of a fee equal to that for a resident hunting license. The

11 expiration date of this license shall be on the same date each

12 year that game breeding and hunting preserve area licenses

13 expire.

14 Each applicant for a State Migratory Waterfowl Stamp,

15 regardless of his residence or other condition, shall pay a fee

16 of $15 and shall receive a stamp. The fee for a State Migratory

17 Waterfowl Stamp shall be waived for residents over 75 years of

18 age. Except as provided under Section 20-45 of the Fish and

19 Aquatic Life Code, the stamp shall be signed by the person or

20 affixed to his license or permit in a space designated by the

21 Department for that purpose.

22 Each applicant for a State Habitat Stamp, regardless of his

23 residence or other condition, shall pay a fee of $5 and shall

24 receive a stamp. The fee for a State Habitat Stamp shall be

25 waived for residents over 75 years of age. Except as provided

26 under Section 20-45 of the Fish and Aquatic Life Code, the

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1 stamp shall be signed by the person or affixed to his license

2 or permit in a space designated by the Department for that

3 purpose.

4 Nothing in this Section shall be construed as to require

5 the purchase of more than one State Habitat Stamp by any person

6 in any one license year.

7 The fees for State Pheasant Stamps and State Furbearer

8 Stamps shall be waived for residents over 75 years of age.

9 The Department shall furnish the holders of hunting

10 licenses and stamps with an insignia as evidence of possession

11 of license, or license and stamp, as the Department may

12 consider advisable. The insignia shall be exhibited and used as

13 the Department may order.

14 All other hunting licenses and all State stamps shall

15 expire upon March 31 of each year.

16 Every person holding any license, permit, or stamp issued

17 under the provisions of this Act shall have it in his

18 possession for immediate presentation for inspection to the

19 officers and authorized employees of the Department, any

20 sheriff, deputy sheriff, or any other peace officer making a

21 demand for it. This provision shall not apply to Department

22 owned or managed sites where it is required that all hunters

23 deposit their license or ~~,~~permit~~, or Firearm Owner's~~

24 ~~Identification Card~~at the check station upon entering the

25 hunting areas.

26 (Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)

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1 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)

2 Sec. 3.2a. Every person holding any license, permit or

3 stamp issued under the provisions hereof shall have it in his

4 possession for immediate presentation for inspection to the

5 officers and authorized employees of the Department, any

6 sheriff, deputy sheriff or any other peace officer making a

7 demand for it. This provision shall not apply to Department

8 owned or managed sites where it is required that all hunters

9 deposit their license or ~~,~~ permit ~~or Firearm Owner's~~

10 ~~Identification Card~~ at the check station upon entering the

11 hunting areas.

12 (Source: P.A. 85-152.)

13 Section 75. The Clerks of Courts Act is amended by changing

14 Section 27.3a as follows:

15 (705 ILCS 105/27.3a)

16 Sec. 27.3a. Fees for automated record keeping, probation

17 and court services operations, and State and Conservation

18 Police operations.

19 1. The expense of establishing and maintaining automated

20 record keeping systems in the offices of the clerks of the

21 circuit court shall be borne by the county. To defray such

22 expense in any county having established such an automated

23 system or which elects to establish such a system, the county

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1 board may require the clerk of the circuit court in their

2 county to charge and collect a court automation fee of not less

3 than $1 nor more than $25 to be charged and collected by the

4 clerk of the court. Such fee shall be paid at the time of

5 filing the first pleading, paper or other appearance filed by

6 each party in all civil cases or by the defendant in any

7 felony, traffic, misdemeanor, municipal ordinance, or

8 conservation case upon a judgment of guilty or grant of

9 supervision, provided that the record keeping system which

10 processes the case category for which the fee is charged is

11 automated or has been approved for automation by the county

12 board, and provided further that no additional fee shall be

13 required if more than one party is presented in a single

14 pleading, paper or other appearance. Such fee shall be

15 collected in the manner in which all other fees or costs are

16 collected.

17 1.1. Starting on July 6, 2012 (the effective date of Public

18 Act 97-761) and pursuant to an administrative order from the

19 chief judge of the circuit or the presiding judge of the county

20 authorizing such collection, a clerk of the circuit court in

21 any county that imposes a fee pursuant to subsection 1 of this

22 Section shall also charge and collect an additional $10

23 operations fee for probation and court services department

24 operations.

25 This additional fee shall be paid by the defendant in any

26 felony, traffic, misdemeanor, local ordinance, or conservation

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1 case upon a judgment of guilty or grant of supervision, except

2 such $10 operations fee shall not be charged and collected in

3 cases governed by Supreme Court Rule 529 in which the bail

4 amount is $120 or less.

5 1.2. With respect to the fee imposed and collected under

6 subsection 1.1 of this Section, each clerk shall transfer all

7 fees monthly to the county treasurer for deposit into the

8 probation and court services fund created under Section 15.1 of

9 the Probation and Probation Officers Act, and such monies shall

10 be disbursed from the fund only at the direction of the chief

11 judge of the circuit or another judge designated by the Chief

12 Circuit Judge in accordance with the policies and guidelines

13 approved by the Supreme Court.

14 1.5. Starting on June 1, 2014, a clerk of the circuit court

15 in any county that imposes a fee pursuant to subsection 1 of

16 this Section, shall charge and collect an additional fee in an

17 amount equal to the amount of the fee imposed pursuant to

18 subsection 1 of this Section, except the fee imposed under this

19 subsection may not be more than $15. This additional fee shall

20 be paid by the defendant in any felony, traffic, misdemeanor,

21 or local ordinance case upon a judgment of guilty or grant of

22 supervision. This fee shall not be paid by the defendant for

23 any violation listed in subsection 1.6 of this Section.

24 1.6. Starting on June 1, 2014, a clerk of the circuit court

25 in any county that imposes a fee pursuant to subsection 1 of

26 this Section shall charge and collect an additional fee in an

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1 amount equal to the amount of the fee imposed pursuant to

2 subsection 1 of this Section, except the fee imposed under this

3 subsection may not be more than $15. This additional fee shall

4 be paid by the defendant upon a judgment of guilty or grant of

5 supervision for a violation under the State Parks Act, the

6 Recreational Trails of Illinois Act, the Illinois Explosives

7 Act, the Timber Buyers Licensing Act, the Forest Products

8 Transportation Act, ~~the Firearm Owners Identification Card~~

9 ~~Act,~~ the Environmental Protection Act, the Fish and Aquatic

10 Life Code, the Wildlife Code, the Cave Protection Act, the

11 Illinois Exotic Weed Act, the Illinois Forestry Development

12 Act, the Ginseng Harvesting Act, the Illinois Lake Management

13 Program Act, the Illinois Natural Areas Preservation Act, the

14 Illinois Open Land Trust Act, the Open Space Lands Acquisition

15 and Development Act, the Illinois Prescribed Burning Act, the

16 State Forest Act, the Water Use Act of 1983, the Illinois

17 Veteran, Youth, and Young Adult Conservation Jobs Act, the

18 Snowmobile Registration and Safety Act, the Boat Registration

19 and Safety Act, the Illinois Dangerous Animals Act, the Hunter

20 and Fishermen Interference Prohibition Act, the Wrongful Tree

21 Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,

22 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of

23 the Illinois Vehicle Code, or Section 48-3 or 48-10 of the

24 Criminal Code of 2012.

25 2. With respect to the fee imposed under subsection 1 of

26 this Section, each clerk shall commence such charges and

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1 collections upon receipt of written notice from the chairman of

2 the county board together with a certified copy of the board's

3 resolution, which the clerk shall file of record in his office.

4 3. With respect to the fee imposed under subsection 1 of

5 this Section, such fees shall be in addition to all other fees

6 and charges of such clerks, and assessable as costs, and may be

7 waived only if the judge specifically provides for the waiver

8 of the court automation fee. The fees shall be remitted monthly

9 by such clerk to the county treasurer, to be retained by him in

10 a special fund designated as the court automation fund. The

11 fund shall be audited by the county auditor, and the board

12 shall make expenditure from the fund in payment of any cost

13 related to the automation of court records, including hardware,

14 software, research and development costs and personnel related

15 thereto, provided that the expenditure is approved by the clerk

16 of the court and by the chief judge of the circuit court or his

17 designate.

18 4. With respect to the fee imposed under subsection 1 of

19 this Section, such fees shall not be charged in any matter

20 coming to any such clerk on change of venue, nor in any

21 proceeding to review the decision of any administrative

22 officer, agency or body.

23 5. With respect to the additional fee imposed under

24 subsection 1.5 of this Section, the fee shall be remitted by

25 the circuit clerk to the State Treasurer within one month after

26 receipt for deposit into the State Police Operations Assistance

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1 Fund.

2 6. With respect to the additional fees imposed under

3 subsection 1.5 of this Section, the Director of State Police

4 may direct the use of these fees for homeland security purposes

5 by transferring these fees on a quarterly basis from the State

6 Police Operations Assistance Fund into the Illinois Law

7 Enforcement Alarm Systems (ILEAS) Fund for homeland security

8 initiatives programs. The transferred fees shall be allocated,

9 subject to the approval of the ILEAS Executive Board, as

10 follows: (i) 66.6% shall be used for homeland security

11 initiatives and (ii) 33.3% shall be used for airborne

12 operations. The ILEAS Executive Board shall annually supply the

13 Director of State Police with a report of the use of these

14 fees.

15 7. With respect to the additional fee imposed under

16 subsection 1.6 of this Section, the fee shall be remitted by

17 the circuit clerk to the State Treasurer within one month after

18 receipt for deposit into the Conservation Police Operations

19 Assistance Fund.

20 (Source: P.A. 97-46, eff. 7-1-12; 97-453, eff. 8-19-11; 97-738,

21 eff. 7-5-12; 97-761, eff. 7-6-12; 97-813, eff. 7-13-12;

22 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-375, eff.

23 8-16-13; 98-606, eff. 6-1-14; 98-1016, eff. 8-22-14.)

24 Section 80. The Criminal Code of 2012 is amended by

25 changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,

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1 24-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,

2 24-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as follows:

3 (720 ILCS 5/2-7.1)

4 Sec. 2-7.1. "Firearm~~"Firearm" and "firearm~~ ammunition".

5 "Firearm~~"Firearm" and "firearm~~ammunition"means any

6 self-contained cartridge or shotgun shell, by whatever name

7 known, which is designed to be used or adaptable to use in a

8 firearm; excluding, however:

9 (1) any ammunition exclusively designed for use with a

10 device used exclusively for signalling or safety and required

11 or recommended by the United States Coast Guard or the

12 Interstate Commerce Commission; and

13 (2) any ammunition designed exclusively for use with a stud

14 or rivet driver or other similar industrial ammunition~~have the~~

15 ~~meanings ascribed to them in Section 1.1 of the Firearm Owners~~

16 ~~Identification Card Act~~.

17 (Source: P.A. 91-544, eff. 1-1-00.)

18 (720 ILCS 5/2-7.5)

19 Sec. 2-7.5. "Firearm". Except as otherwise provided in a

20 specific Section, "firearm"means any device, by whatever name

21 known, which is designed to expel a projectile or projectiles

22 by the action of an explosion, expansion of gas or escape of

23 gas; excluding, however:

24 (1) any pneumatic gun, spring gun, paint ball gun, or B-B

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1 gun which expels a single globular projectile not exceeding .18

2 inch in diameter or which has a maximum muzzle velocity of less

3 than 700 feet per second;

4 (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B

5 gun which expels breakable paint balls containing washable

6 marking colors;

7 (2) any device used exclusively for signalling or safety

8 and required or recommended by the United States Coast Guard or

9 the Interstate Commerce Commission;

10 (3) any device used exclusively for the firing of stud

11 cartridges, explosive rivets, or similar industrial

12 ammunition; and

13 (4) an antique firearm (other than a machine-gun) which,

14 although designed as a weapon, the Department of State Police

15 finds by reason of the date of its manufacture, value, design,

16 and other characteristics is primarily a collector's item and

17 is not likely to be used as a weapon ~~has the meaning ascribed~~

18 ~~to it in Section 1.1 of the Firearm Owners Identification Card~~

19 ~~Act~~.

20 (Source: P.A. 95-331, eff. 8-21-07.)

21 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)

22 Sec. 12-3.05. Aggravated battery.

23 (a) Offense based on injury. A person commits aggravated

24 battery when, in committing a battery, other than by the

25 discharge of a firearm, he or she knowingly does any of the

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1 following:

2 (1) Causes great bodily harm or permanent disability or

3 disfigurement.

4 (2) Causes severe and permanent disability, great

5 bodily harm, or disfigurement by means of a caustic or

6 flammable substance, a poisonous gas, a deadly biological

7 or chemical contaminant or agent, a radioactive substance,

8 or a bomb or explosive compound.

9 (3) Causes great bodily harm or permanent disability or

10 disfigurement to an individual whom the person knows to be

11 a peace officer, community policing volunteer, fireman,

12 private security officer, correctional institution

13 employee, or Department of Human Services employee

14 supervising or controlling sexually dangerous persons or

15 sexually violent persons:

16 (i) performing his or her official duties;

17 (ii) battered to prevent performance of his or her

18 official duties; or

19 (iii) battered in retaliation for performing his

20 or her official duties.

21 (4) Causes great bodily harm or permanent disability or

22 disfigurement to an individual 60 years of age or older.

23 (5) Strangles another individual.

24 (b) Offense based on injury to a child or intellectually

25 disabled person. A person who is at least 18 years of age

26 commits aggravated battery when, in committing a battery, he or

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1 she knowingly and without legal justification by any means:

2 (1) causes great bodily harm or permanent disability or

3 disfigurement to any child under the age of 13 years, or to

4 any severely or profoundly intellectually disabled person;

5 or

6 (2) causes bodily harm or disability or disfigurement

7 to any child under the age of 13 years or to any severely

8 or profoundly intellectually disabled person.

9 (c) Offense based on location of conduct. A person commits

10 aggravated battery when, in committing a battery, other than by

11 the discharge of a firearm, he or she is or the person battered

12 is on or about a public way, public property, a public place of

13 accommodation or amusement, a sports venue, or a domestic

14 violence shelter.

15 (d) Offense based on status of victim. A person commits

16 aggravated battery when, in committing a battery, other than by

17 discharge of a firearm, he or she knows the individual battered

18 to be any of the following:

19 (1) A person 60 years of age or older.

20 (2) A person who is pregnant or physically handicapped.

21 (3) A teacher or school employee upon school grounds or

22 grounds adjacent to a school or in any part of a building

23 used for school purposes.

24 (4) A peace officer, community policing volunteer,

25 fireman, private security officer, correctional

26 institution employee, or Department of Human Services

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1 employee supervising or controlling sexually dangerous

2 persons or sexually violent persons:

3 (i) performing his or her official duties;

4 (ii) battered to prevent performance of his or her

5 official duties; or

6 (iii) battered in retaliation for performing his

7 or her official duties.

8 (5) A judge, emergency management worker, emergency

9 medical technician, or utility worker:

10 (i) performing his or her official duties;

11 (ii) battered to prevent performance of his or her

12 official duties; or

13 (iii) battered in retaliation for performing his

14 or her official duties.

15 (6) An officer or employee of the State of Illinois, a

16 unit of local government, or a school district, while

17 performing his or her official duties.

18 (7) A transit employee performing his or her official

19 duties, or a transit passenger.

20 (8) A taxi driver on duty.

21 (9) A merchant who detains the person for an alleged

22 commission of retail theft under Section 16-26 of this Code

23 and the person without legal justification by any means

24 causes bodily harm to the merchant.

25 (10) A person authorized to serve process under Section

26 2-202 of the Code of Civil Procedure or a special process

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1 server appointed by the circuit court while that individual

2 is in the performance of his or her duties as a process

3 server.

4 (11) A nurse while in the performance of his or her

5 duties as a nurse.

6 (e) Offense based on use of a firearm. A person commits

7 aggravated battery when, in committing a battery, he or she

8 knowingly does any of the following:

9 (1) Discharges a firearm, other than a machine gun or a

10 firearm equipped with a silencer, and causes any injury to

11 another person.

12 (2) Discharges a firearm, other than a machine gun or a

13 firearm equipped with a silencer, and causes any injury to

14 a person he or she knows to be a peace officer, community

15 policing volunteer, person summoned by a police officer,

16 fireman, private security officer, correctional

17 institution employee, or emergency management worker:

18 (i) performing his or her official duties;

19 (ii) battered to prevent performance of his or her

20 official duties; or

21 (iii) battered in retaliation for performing his

22 or her official duties.

23 (3) Discharges a firearm, other than a machine gun or a

24 firearm equipped with a silencer, and causes any injury to

25 a person he or she knows to be an emergency medical

26 technician employed by a municipality or other

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1 governmental unit:

2 (i) performing his or her official duties;

3 (ii) battered to prevent performance of his or her

4 official duties; or

5 (iii) battered in retaliation for performing his

6 or her official duties.

7 (4) Discharges a firearm and causes any injury to a

8 person he or she knows to be a teacher, a student in a

9 school, or a school employee, and the teacher, student, or

10 employee is upon school grounds or grounds adjacent to a

11 school or in any part of a building used for school

12 purposes.

13 (5) Discharges a machine gun or a firearm equipped with

14 a silencer, and causes any injury to another person.

15 (6) Discharges a machine gun or a firearm equipped with

16 a silencer, and causes any injury to a person he or she

17 knows to be a peace officer, community policing volunteer,

18 person summoned by a police officer, fireman, private

19 security officer, correctional institution employee or

20 emergency management worker:

21 (i) performing his or her official duties;

22 (ii) battered to prevent performance of his or her

23 official duties; or

24 (iii) battered in retaliation for performing his

25 or her official duties.

26 (7) Discharges a machine gun or a firearm equipped with

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1 a silencer, and causes any injury to a person he or she

2 knows to be an emergency medical technician employed by a

3 municipality or other governmental unit:

4 (i) performing his or her official duties;

5 (ii) battered to prevent performance of his or her

6 official duties; or

7 (iii) battered in retaliation for performing his

8 or her official duties.

9 (8) Discharges a machine gun or a firearm equipped with

10 a silencer, and causes any injury to a person he or she

11 knows to be a teacher, or a student in a school, or a

12 school employee, and the teacher, student, or employee is

13 upon school grounds or grounds adjacent to a school or in

14 any part of a building used for school purposes.

15 (f) Offense based on use of a weapon or device. A person

16 commits aggravated battery when, in committing a battery, he or

17 she does any of the following:

18 (1) Uses a deadly weapon other than by discharge of a

19 firearm, or uses an air rifle as defined in Section

20 24.8-0.1 of this Code.

21 (2) Wears a hood, robe, or mask to conceal his or her

22 identity.

23 (3) Knowingly and without lawful justification shines

24 or flashes a laser gunsight or other laser device attached

25 to a firearm, or used in concert with a firearm, so that

26 the laser beam strikes upon or against the person of

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1 another.

2 (4) Knowingly video or audio records the offense with

3 the intent to disseminate the recording.

4 (g) Offense based on certain conduct. A person commits

5 aggravated battery when, other than by discharge of a firearm,

6 he or she does any of the following:

7 (1) Violates Section 401 of the Illinois Controlled

8 Substances Act by unlawfully delivering a controlled

9 substance to another and any user experiences great bodily

10 harm or permanent disability as a result of the injection,

11 inhalation, or ingestion of any amount of the controlled

12 substance.

13 (2) Knowingly administers to an individual or causes

14 him or her to take, without his or her consent or by threat

15 or deception, and for other than medical purposes, any

16 intoxicating, poisonous, stupefying, narcotic, anesthetic,

17 or controlled substance, or gives to another person any

18 food containing any substance or object intended to cause

19 physical injury if eaten.

20 (3) Knowingly causes or attempts to cause a

21 correctional institution employee or Department of Human

22 Services employee to come into contact with blood, seminal

23 fluid, urine, or feces by throwing, tossing, or expelling

24 the fluid or material, and the person is an inmate of a

25 penal institution or is a sexually dangerous person or

26 sexually violent person in the custody of the Department of

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1 Human Services.

2 (h) Sentence. Unless otherwise provided, aggravated

3 battery is a Class 3 felony.

4 Aggravated battery as defined in subdivision (a)(4),

5 (d)(4), or (g)(3) is a Class 2 felony.

6 Aggravated battery as defined in subdivision (a)(3) or

7 (g)(1) is a Class 1 felony.

8 Aggravated battery as defined in subdivision (a)(1) is a

9 Class 1 felony when the aggravated battery was intentional and

10 involved the infliction of torture, as defined in paragraph

11 (14) of subsection (b) of Section 9-1 of this Code, as the

12 infliction of or subjection to extreme physical pain, motivated

13 by an intent to increase or prolong the pain, suffering, or

14 agony of the victim.

15 Aggravated battery under subdivision (a)(5) is a Class 1

16 felony if:

17 (A) the person used or attempted to use a dangerous

18 instrument while committing the offense; or

19 (B) the person caused great bodily harm or permanent

20 disability or disfigurement to the other person while

21 committing the offense; or

22 (C) the person has been previously convicted of a

23 violation of subdivision (a)(5) under the laws of this

24 State or laws similar to subdivision (a)(5) of any other

25 state.

26 Aggravated battery as defined in subdivision (e)(1) is a

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1 Class X felony.

2 Aggravated battery as defined in subdivision (a)(2) is a

3 Class X felony for which a person shall be sentenced to a term

4 of imprisonment of a minimum of 6 years and a maximum of 45

5 years.

6 Aggravated battery as defined in subdivision (e)(5) is a

7 Class X felony for which a person shall be sentenced to a term

8 of imprisonment of a minimum of 12 years and a maximum of 45

9 years.

10 Aggravated battery as defined in subdivision (e)(2),

11 (e)(3), or (e)(4) is a Class X felony for which a person shall

12 be sentenced to a term of imprisonment of a minimum of 15 years

13 and a maximum of 60 years.

14 Aggravated battery as defined in subdivision (e)(6),

15 (e)(7), or (e)(8) is a Class X felony for which a person shall

16 be sentenced to a term of imprisonment of a minimum of 20 years

17 and a maximum of 60 years.

18 Aggravated battery as defined in subdivision (b)(1) is a

19 Class X felony, except that:

20 (1) if the person committed the offense while armed

21 with a firearm, 15 years shall be added to the term of

22 imprisonment imposed by the court;

23 (2) if, during the commission of the offense, the

24 person personally discharged a firearm, 20 years shall be

25 added to the term of imprisonment imposed by the court;

26 (3) if, during the commission of the offense, the

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1 person personally discharged a firearm that proximately

2 caused great bodily harm, permanent disability, permanent

3 disfigurement, or death to another person, 25 years or up

4 to a term of natural life shall be added to the term of

5 imprisonment imposed by the court.

6 (i) Definitions. For the purposes of this Section:

7 "Building or other structure used to provide shelter" has

8 the meaning ascribed to "shelter" in Section 1 of the Domestic

9 Violence Shelters Act.

10 "Domestic violence" has the meaning ascribed to it in

11 Section 103 of the Illinois Domestic Violence Act of 1986.

12 "Domestic violence shelter" means any building or other

13 structure used to provide shelter or other services to victims

14 or to the dependent children of victims of domestic violence

15 pursuant to the Illinois Domestic Violence Act of 1986 or the

16 Domestic Violence Shelters Act, or any place within 500 feet of

17 such a building or other structure in the case of a person who

18 is going to or from such a building or other structure.

19 "Firearm" has the meaning provided under Section 2-7.5 of

20 this Code ~~1.1 of the Firearm Owners Identification Card Act~~,

21 and does not include an air rifle as defined by Section

22 24.8-0.1 of this Code.

23 "Machine gun" has the meaning ascribed to it in Section

24 24-1 of this Code.

25 "Merchant" has the meaning ascribed to it in Section 16-0.1

26 of this Code.

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1 "Strangle" means intentionally impeding the normal

2 breathing or circulation of the blood of an individual by

3 applying pressure on the throat or neck of that individual or

4 by blocking the nose or mouth of that individual.

5 (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff.

6 1-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109,

7 eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,

8 eff. 7-16-14.)

9 (720 ILCS 5/16-0.1)

10 Sec. 16-0.1. Definitions. In this Article, unless the

11 context clearly requires otherwise, the following terms are

12 defined as indicated:

13 "Access" means to use, instruct, communicate with, store

14 data in, retrieve or intercept data from, or otherwise utilize

15 any services of a computer.

16 "Coin-operated machine" includes any automatic vending

17 machine or any part thereof, parking meter, coin telephone,

18 coin-operated transit turnstile, transit fare box, coin

19 laundry machine, coin dry cleaning machine, amusement machine,

20 music machine, vending machine dispensing goods or services, or

21 money changer.

22 "Communication device" means any type of instrument,

23 device, machine, or equipment which is capable of transmitting,

24 acquiring, decrypting, or receiving any telephonic,

25 electronic, data, Internet access, audio, video, microwave, or

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1 radio transmissions, signals, communications, or services,

2 including the receipt, acquisition, transmission, or

3 decryption of all such communications, transmissions, signals,

4 or services provided by or through any cable television, fiber

5 optic, telephone, satellite, microwave, radio, Internet-based,

6 data transmission, or wireless distribution network, system or

7 facility; or any part, accessory, or component thereof,

8 including any computer circuit, security module, smart card,

9 software, computer chip, electronic mechanism or other

10 component, accessory or part of any communication device which

11 is capable of facilitating the transmission, decryption,

12 acquisition or reception of all such communications,

13 transmissions, signals, or services.

14 "Communication service" means any service lawfully

15 provided for a charge or compensation to facilitate the lawful

16 origination, transmission, emission, or reception of signs,

17 signals, data, writings, images, and sounds or intelligence of

18 any nature by telephone, including cellular telephones or a

19 wire, wireless, radio, electromagnetic, photo-electronic or

20 photo-optical system; and also any service lawfully provided by

21 any radio, telephone, cable television, fiber optic,

22 satellite, microwave, Internet-based or wireless distribution

23 network, system, facility or technology, including, but not

24 limited to, any and all electronic, data, video, audio,

25 Internet access, telephonic, microwave and radio

26 communications, transmissions, signals and services, and any

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1 such communications, transmissions, signals and services

2 lawfully provided directly or indirectly by or through any of

3 those networks, systems, facilities or technologies.

4 "Communication service provider" means: (1) any person or

5 entity providing any communication service, whether directly

6 or indirectly, as a reseller, including, but not limited to, a

7 cellular, paging or other wireless communications company or

8 other person or entity which, for a fee, supplies the facility,

9 cell site, mobile telephone switching office or other equipment

10 or communication service; (2) any person or entity owning or

11 operating any cable television, fiber optic, satellite,

12 telephone, wireless, microwave, radio, data transmission or

13 Internet-based distribution network, system or facility; and

14 (3) any person or entity providing any communication service

15 directly or indirectly by or through any such distribution

16 system, network or facility.

17 "Computer" means a device that accepts, processes, stores,

18 retrieves or outputs data, and includes but is not limited to

19 auxiliary storage and telecommunications devices connected to

20 computers.

21 "Continuing course of conduct" means a series of acts, and

22 the accompanying mental state necessary for the crime in

23 question, irrespective of whether the series of acts are

24 continuous or intermittent.

25 "Delivery container" means any bakery basket of wire or

26 plastic used to transport or store bread or bakery products,

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1 any dairy case of wire or plastic used to transport or store

2 dairy products, and any dolly or cart of 2 or 4 wheels used to

3 transport or store any bakery or dairy product.

4 "Document-making implement" means any implement,

5 impression, template, computer file, computer disc, electronic

6 device, computer hardware, computer software, instrument, or

7 device that is used to make a real or fictitious or fraudulent

8 personal identification document.

9 "Financial transaction device" means any of the following:

10 (1) An electronic funds transfer card.

11 (2) A credit card.

12 (3) A debit card.

13 (4) A point-of-sale card.

14 (5) Any instrument, device, card, plate, code, account

15 number, personal identification number, or a record or copy

16 of a code, account number, or personal identification

17 number or other means of access to a credit account or

18 deposit account, or a driver's license or State

19 identification card used to access a proprietary account,

20 other than access originated solely by a paper instrument,

21 that can be used alone or in conjunction with another

22 access device, for any of the following purposes:

23 (A) Obtaining money, cash refund or credit

24 account, credit, goods, services, or any other thing of

25 value.

26 (B) Certifying or guaranteeing to a person or

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1 business the availability to the device holder of funds

2 on deposit to honor a draft or check payable to the

3 order of that person or business.

4 (C) Providing the device holder access to a deposit

5 account for the purpose of making deposits,

6 withdrawing funds, transferring funds between deposit

7 accounts, obtaining information pertaining to a

8 deposit account, or making an electronic funds

9 transfer.

10 "Full retail value" means the merchant's stated or

11 advertised price of the merchandise. "Full retail value"

12 includes the aggregate value of property obtained from retail

13 thefts committed by the same person as part of a continuing

14 course of conduct from one or more mercantile establishments in

15 a single transaction or in separate transactions over a period

16 of one year.

17 "Internet" means an interactive computer service or system

18 or an information service, system, or access software provider

19 that provides or enables computer access by multiple users to a

20 computer server, and includes, but is not limited to, an

21 information service, system, or access software provider that

22 provides access to a network system commonly known as the

23 Internet, or any comparable system or service and also

24 includes, but is not limited to, a World Wide Web page,

25 newsgroup, message board, mailing list, or chat area on any

26 interactive computer service or system or other online service.

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1 "Library card" means a card or plate issued by a library

2 facility for purposes of identifying the person to whom the

3 library card was issued as authorized to borrow library

4 material, subject to all limitations and conditions imposed on

5 the borrowing by the library facility issuing such card.

6 "Library facility" includes any public library or museum,

7 or any library or museum of an educational, historical or

8 eleemosynary institution, organization or society.

9 "Library material" includes any book, plate, picture,

10 photograph, engraving, painting, sculpture, statue, artifact,

11 drawing, map, newspaper, pamphlet, broadside, magazine,

12 manuscript, document, letter, microfilm, sound recording,

13 audiovisual material, magnetic or other tape, electronic data

14 processing record or other documentary, written or printed

15 material regardless of physical form or characteristics, or any

16 part thereof, belonging to, or on loan to or otherwise in the

17 custody of a library facility.

18 "Manufacture or assembly of an unlawful access device"

19 means to make, produce or assemble an unlawful access device or

20 to modify, alter, program or re-program any instrument, device,

21 machine, equipment or software so that it is capable of

22 defeating or circumventing any technology, device or software

23 used by the provider, owner or licensee of a communication

24 service or of any data, audio or video programs or

25 transmissions to protect any such communication, data, audio or

26 video services, programs or transmissions from unauthorized

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1 access, acquisition, disclosure, receipt, decryption,

2 communication, transmission or re-transmission.

3 "Manufacture or assembly of an unlawful communication

4 device" means to make, produce or assemble an unlawful

5 communication or wireless device or to modify, alter, program

6 or reprogram a communication or wireless device to be capable

7 of acquiring, disrupting, receiving, transmitting, decrypting,

8 or facilitating the acquisition, disruption, receipt,

9 transmission or decryption of, a communication service without

10 the express consent or express authorization of the

11 communication service provider, or to knowingly assist others

12 in those activities.

13 "Master sound recording" means the original physical

14 object on which a given set of sounds were first recorded and

15 which the original object from which all subsequent sound

16 recordings embodying the same set of sounds are directly or

17 indirectly derived.

18 "Merchandise" means any item of tangible personal

19 property, including motor fuel.

20 "Merchant" means an owner or operator of any retail

21 mercantile establishment or any agent, employee, lessee,

22 consignee, officer, director, franchisee, or independent

23 contractor of the owner or operator. "Merchant" also means a

24 person who receives from an authorized user of a payment card,

25 or someone the person believes to be an authorized user, a

26 payment card or information from a payment card, or what the

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1 person believes to be a payment card or information from a

2 payment card, as the instrument for obtaining, purchasing or

3 receiving goods, services, money, or anything else of value

4 from the person.

5 "Motor fuel" means a liquid, regardless of its properties,

6 used to propel a vehicle, including gasoline and diesel.

7 "Online" means the use of any electronic or wireless device

8 to access the Internet.

9 "Payment card" means a credit card, charge card, debit

10 card, or any other card that is issued to an authorized card

11 user and that allows the user to obtain, purchase, or receive

12 goods, services, money, or anything else of value from a

13 merchant.

14 "Person with a disability" means a person who suffers from

15 a physical or mental impairment resulting from disease, injury,

16 functional disorder or congenital condition that impairs the

17 individual's mental or physical ability to independently

18 manage his or her property or financial resources, or both.

19 "Personal identification document" means a birth

20 certificate, a driver's license, a State identification card, a

21 public, government, or private employment identification card,

22 a social security card, a license issued under the Firearm

23 Concealed Carry Act ~~firearm owner's identification card~~, a

24 credit card, a debit card, or a passport issued to or on behalf

25 of a person other than the offender, or any document made or

26 issued, or falsely purported to have been made or issued, by or

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1 under the authority of the United States Government, the State

2 of Illinois, or any other state political subdivision of any

3 state, or any other governmental or quasi-governmental

4 organization that is of a type intended for the purpose of

5 identification of an individual, or any such document made or

6 altered in a manner that it falsely purports to have been made

7 on behalf of or issued to another person or by the authority of

8 one who did not give that authority.

9 "Personal identifying information" means any of the

10 following information:

11 (1) A person's name.

12 (2) A person's address.

13 (3) A person's date of birth.

14 (4) A person's telephone number.

15 (5) A person's driver's license number or State of

16 Illinois identification card as assigned by the Secretary

17 of State of the State of Illinois or a similar agency of

18 another state.

19 (6) A person's social security number.

20 (7) A person's public, private, or government

21 employer, place of employment, or employment

22 identification number.

23 (8) The maiden name of a person's mother.

24 (9) The number assigned to a person's depository

25 account, savings account, or brokerage account.

26 (10) The number assigned to a person's credit or debit

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1 card, commonly known as a "Visa Card", "MasterCard",

2 "American Express Card", "Discover Card", or other similar

3 cards whether issued by a financial institution,

4 corporation, or business entity.

5 (11) Personal identification numbers.

6 (12) Electronic identification numbers.

7 (13) Digital signals.

8 (14) User names, passwords, and any other word, number,

9 character or combination of the same usable in whole or

10 part to access information relating to a specific

11 individual, or to the actions taken, communications made or

12 received, or other activities or transactions of a specific

13 individual.

14 (15) Any other numbers or information which can be used

15 to access a person's financial resources, or to identify a

16 specific individual, or the actions taken, communications

17 made or received, or other activities or transactions of a

18 specific individual.

19 "Premises of a retail mercantile establishment" includes,

20 but is not limited to, the retail mercantile establishment; any

21 common use areas in shopping centers; and all parking areas set

22 aside by a merchant or on behalf of a merchant for the parking

23 of vehicles for the convenience of the patrons of such retail

24 mercantile establishment.

25 "Public water, gas, or power supply, or other public

26 services" mean any service subject to regulation by the

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1 Illinois Commerce Commission; any service furnished by a public

2 utility that is owned and operated by any political

3 subdivision, public institution of higher education or

4 municipal corporation of this State; any service furnished by

5 any public utility that is owned by such political subdivision,

6 public institution of higher education, or municipal

7 corporation and operated by any of its lessees or operating

8 agents; any service furnished by an electric cooperative as

9 defined in Section 3.4 of the Electric Supplier Act; or

10 wireless service or other service regulated by the Federal

11 Communications Commission.

12 "Publish" means to communicate or disseminate information

13 to any one or more persons, either orally, in person, or by

14 telephone, radio or television or in writing of any kind,

15 including, without limitation, a letter or memorandum,

16 circular or handbill, newspaper or magazine article or book.

17 "Radio frequency identification device" means any

18 implement, computer file, computer disc, electronic device,

19 computer hardware, computer software, or instrument that is

20 used to activate, read, receive, or decode information stored

21 on a RFID tag or transponder attached to a personal

22 identification document.

23 "RFID tag or transponder" means a chip or device that

24 contains personal identifying information from which the

25 personal identifying information can be read or decoded by

26 another device emitting a radio frequency that activates or

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1 powers a radio frequency emission response from the chip or

2 transponder.

3 "Reencoder" means an electronic device that places encoded

4 information from the magnetic strip or stripe of a payment card

5 onto the magnetic strip or stripe of a different payment card.

6 "Retail mercantile establishment" means any place where

7 merchandise is displayed, held, stored or offered for sale to

8 the public.

9 "Scanning device" means a scanner, reader, or any other

10 electronic device that is used to access, read, scan, obtain,

11 memorize, or store, temporarily or permanently, information

12 encoded on the magnetic strip or stripe of a payment card.

13 "Shopping cart" means those push carts of the type or types

14 which are commonly provided by grocery stores, drug stores or

15 other retail mercantile establishments for the use of the

16 public in transporting commodities in stores and markets and,

17 incidentally, from the stores to a place outside the store.

18 "Sound or audio visual recording" means any sound or audio

19 visual phonograph record, disc, pre-recorded tape, film, wire,

20 magnetic tape or other object, device or medium, now known or

21 hereafter invented, by which sounds or images may be reproduced

22 with or without the use of any additional machine, equipment or

23 device.

24 "Theft detection device remover" means any tool or device

25 specifically designed and intended to be used to remove any

26 theft detection device from any merchandise.

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1 "Under-ring" means to cause the cash register or other

2 sales recording device to reflect less than the full retail

3 value of the merchandise.

4 "Unidentified sound or audio visual recording" means a

5 sound or audio visual recording without the actual name and

6 full and correct street address of the manufacturer, and the

7 name of the actual performers or groups prominently and legibly

8 printed on the outside cover or jacket and on the label of such

9 sound or audio visual recording.

10 "Unlawful access device" means any type of instrument,

11 device, machine, equipment, technology, or software which is

12 primarily possessed, used, designed, assembled, manufactured,

13 sold, distributed or offered, promoted or advertised for the

14 purpose of defeating or circumventing any technology, device or

15 software, or any component or part thereof, used by the

16 provider, owner or licensee of any communication service or of

17 any data, audio or video programs or transmissions to protect

18 any such communication, audio or video services, programs or

19 transmissions from unauthorized access, acquisition, receipt,

20 decryption, disclosure, communication, transmission or

21 re-transmission.

22 "Unlawful communication device" means any electronic

23 serial number, mobile identification number, personal

24 identification number or any communication or wireless device

25 that is capable of acquiring or facilitating the acquisition of

26 a communication service without the express consent or express

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1 authorization of the communication service provider, or that

2 has been altered, modified, programmed or reprogrammed, alone

3 or in conjunction with another communication or wireless device

4 or other equipment, to so acquire or facilitate the

5 unauthorized acquisition of a communication service. "Unlawful

6 communication device" also means:

7 (1) any phone altered to obtain service without the

8 express consent or express authorization of the

9 communication service provider, tumbler phone, counterfeit

10 or clone phone, tumbler microchip, counterfeit or clone

11 microchip, scanning receiver of wireless communication

12 service or other instrument capable of disguising its

13 identity or location or of gaining unauthorized access to a

14 communications or wireless system operated by a

15 communication service provider; and

16 (2) any communication or wireless device which is

17 capable of, or has been altered, designed, modified,

18 programmed or reprogrammed, alone or in conjunction with

19 another communication or wireless device or devices, so as

20 to be capable of, facilitating the disruption,

21 acquisition, receipt, transmission or decryption of a

22 communication service without the express consent or

23 express authorization of the communication service

24 provider, including, but not limited to, any device,

25 technology, product, service, equipment, computer software

26 or component or part thereof, primarily distributed, sold,

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1 designed, assembled, manufactured, modified, programmed,

2 reprogrammed or used for the purpose of providing the

3 unauthorized receipt of, transmission of, disruption of,

4 decryption of, access to or acquisition of any

5 communication service provided by any communication

6 service provider.

7 "Vehicle" means a motor vehicle, motorcycle, or farm

8 implement that is self-propelled and that uses motor fuel for

9 propulsion.

10 "Wireless device" includes any type of instrument, device,

11 machine, or equipment that is capable of transmitting or

12 receiving telephonic, electronic or radio communications, or

13 any part of such instrument, device, machine, or equipment, or

14 any computer circuit, computer chip, electronic mechanism, or

15 other component that is capable of facilitating the

16 transmission or reception of telephonic, electronic, or radio

17 communications.

18 (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.

19 1-1-12; 97-1109, eff. 1-1-13.)

20 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)

21 Sec. 17-30. Defaced, altered, or removed manufacturer or

22 owner identification number.

23 (a) Unlawful sale of household appliances. A person commits

24 unlawful sale of household appliances when he or she knowingly,

25 with the intent to defraud or deceive another, keeps for sale,

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1 within any commercial context, any household appliance with a

2 missing, defaced, obliterated, or otherwise altered

3 manufacturer's identification number.

4 (b) Construction equipment identification defacement. A

5 person commits construction equipment identification

6 defacement when he or she knowingly changes, alters, removes,

7 mutilates, or obliterates a permanently affixed serial number,

8 product identification number, part number, component

9 identification number, owner-applied identification, or other

10 mark of identification attached to or stamped, inscribed,

11 molded, or etched into a machine or other equipment, whether

12 stationary or mobile or self-propelled, or a part of such

13 machine or equipment, used in the construction, maintenance, or

14 demolition of buildings, structures, bridges, tunnels, sewers,

15 utility pipes or lines, ditches or open cuts, roads, highways,

16 dams, airports, or waterways or in material handling for such

17 projects.

18 The trier of fact may infer that the defendant has

19 knowingly changed, altered, removed, or obliterated the serial

20 number, product identification number, part number, component

21 identification number, owner-applied identification number, or

22 other mark of identification, if the defendant was in

23 possession of any machine or other equipment or a part of such

24 machine or equipment used in the construction, maintenance, or

25 demolition of buildings, structures, bridges, tunnels, sewers,

26 utility pipes or lines, ditches or open cuts, roads, highways,

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1 dams, airports, or waterways or in material handling for such

2 projects upon which any such serial number, product

3 identification number, part number, component identification

4 number, owner-applied identification number, or other mark of

5 identification has been changed, altered, removed, or

6 obliterated.

7 (c) Defacement of manufacturer's serial number or

8 identification mark. A person commits defacement of a

9 manufacturer's serial number or identification mark when he or

10 she knowingly removes, alters, defaces, covers, or destroys the

11 manufacturer's serial number or any other manufacturer's

12 number or distinguishing identification mark upon any machine

13 or other article of merchandise, other than a motor vehicle as

14 defined in Section 1-146 of the Illinois Vehicle Code or a

15 firearm ~~as defined in the Firearm Owners Identification Card~~

16 ~~Act~~, with the intent of concealing or destroying the identity

17 of such machine or other article of merchandise.

18 (d) Sentence.

19 (1) A violation of subsection (a) of this Section is a

20 Class 4 felony if the value of the appliance or appliances

21 exceeds $1,000 and a Class B misdemeanor if the value of

22 the appliance or appliances is $1,000 or less.

23 (2) A violation of subsection (b) of this Section is a

24 Class A misdemeanor.

25 (3) A violation of subsection (c) of this Section is a

26 Class B misdemeanor.

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1 (e) No liability shall be imposed upon any person for the

2 unintentional failure to comply with subsection (a).

3 (f) Definitions. In this Section:

4 "Commercial context" means a continuing business

5 enterprise conducted for profit by any person whose primary

6 business is the wholesale or retail marketing of household

7 appliances, or a significant portion of whose business or

8 inventory consists of household appliances kept or sold on a

9 wholesale or retail basis.

10 "Household appliance" means any gas or electric device or

11 machine marketed for use as home entertainment or for

12 facilitating or expediting household tasks or chores. The term

13 shall include but not necessarily be limited to refrigerators,

14 freezers, ranges, radios, television sets, vacuum cleaners,

15 toasters, dishwashers, and other similar household items.

16 "Manufacturer's identification number" means any serial

17 number or other similar numerical or alphabetical designation

18 imprinted upon or attached to or placed, stamped, or otherwise

19 imprinted upon or attached to a household appliance or item by

20 the manufacturer for purposes of identifying a particular

21 appliance or item individually or by lot number.

22 (Source: P.A. 96-1551, eff. 7-1-11.)

23 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

24 Sec. 24-1. Unlawful Use of Weapons.

25 (a) A person commits the offense of unlawful use of weapons

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1 when he knowingly:

2 (1) Sells, manufactures, purchases, possesses or

3 carries any bludgeon, black-jack, slung-shot, sand-club,

4 sand-bag, metal knuckles or other knuckle weapon

5 regardless of its composition, throwing star, or any knife,

6 commonly referred to as a switchblade knife, which has a

7 blade that opens automatically by hand pressure applied to

8 a button, spring or other device in the handle of the

9 knife, or a ballistic knife, which is a device that propels

10 a knifelike blade as a projectile by means of a coil

11 spring, elastic material or compressed gas; or

12 (2) Carries or possesses with intent to use the same

13 unlawfully against another, a dagger, dirk, billy,

14 dangerous knife, razor, stiletto, broken bottle or other

15 piece of glass, stun gun or taser or any other dangerous or

16 deadly weapon or instrument of like character; or

17 (3) Carries on or about his person or in any vehicle, a

18 tear gas gun projector or bomb or any object containing

19 noxious liquid gas or substance, other than an object

20 containing a non-lethal noxious liquid gas or substance

21 designed solely for personal defense carried by a person 18

22 years of age or older; or

23 (4) Carries or possesses in any vehicle or concealed on

24 or about his person except when on his land or in his own

25 abode, legal dwelling, or fixed place of business, or on

26 the land or in the legal dwelling of another person as an

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1 invitee with that person's permission, any pistol,

2 revolver, stun gun or taser or other firearm, except that

3 this subsection (a) (4) does not apply to or affect

4 transportation of weapons that meet one of the following

5 conditions:

6 (i) are broken down in a non-functioning state; or

7 (ii) are not immediately accessible; or

8 (iii) are unloaded and enclosed in a case, firearm

9 carrying box, shipping box, or other container by a

10 person eligible under State and federal law to possess

11 a firearm ~~who has been issued a currently valid Firearm~~

12 ~~Owner's Identification Card~~; or

13 (5) Sets a spring gun; or

14 (6) Possesses any device or attachment of any kind

15 designed, used or intended for use in silencing the report

16 of any firearm; or

17 (7) Sells, manufactures, purchases, possesses or

18 carries:

19 (i) a machine gun, which shall be defined for the

20 purposes of this subsection as any weapon, which

21 shoots, is designed to shoot, or can be readily

22 restored to shoot, automatically more than one shot

23 without manually reloading by a single function of the

24 trigger, including the frame or receiver of any such

25 weapon, or sells, manufactures, purchases, possesses,

26 or carries any combination of parts designed or

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1 intended for use in converting any weapon into a

2 machine gun, or any combination or parts from which a

3 machine gun can be assembled if such parts are in the

4 possession or under the control of a person;

5 (ii) any rifle having one or more barrels less than

6 16 inches in length or a shotgun having one or more

7 barrels less than 18 inches in length or any weapon

8 made from a rifle or shotgun, whether by alteration,

9 modification, or otherwise, if such a weapon as

10 modified has an overall length of less than 26 inches;

11 or

12 (iii) any bomb, bomb-shell, grenade, bottle or

13 other container containing an explosive substance of

14 over one-quarter ounce for like purposes, such as, but

15 not limited to, black powder bombs and Molotov

16 cocktails or artillery projectiles; or

17 (8) Carries or possesses any firearm, stun gun or taser

18 or other deadly weapon in any place which is licensed to

19 sell intoxicating beverages, or at any public gathering

20 held pursuant to a license issued by any governmental body

21 or any public gathering at which an admission is charged,

22 excluding a place where a showing, demonstration or lecture

23 involving the exhibition of unloaded firearms is

24 conducted.

25 This subsection (a)(8) does not apply to any auction or

26 raffle of a firearm held pursuant to a license or permit

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1 issued by a governmental body, nor does it apply to persons

2 engaged in firearm safety training courses; or

3 (9) Carries or possesses in a vehicle or on or about

4 his person any pistol, revolver, stun gun or taser or

5 firearm or ballistic knife, when he is hooded, robed or

6 masked in such manner as to conceal his identity; or

7 (10) Carries or possesses on or about his person, upon

8 any public street, alley, or other public lands within the

9 corporate limits of a city, village or incorporated town,

10 except when an invitee thereon or therein, for the purpose

11 of the display of such weapon or the lawful commerce in

12 weapons, or except when on his land or in his own abode,

13 legal dwelling, or fixed place of business, or on the land

14 or in the legal dwelling of another person as an invitee

15 with that person's permission, any pistol, revolver, stun

16 gun or taser or other firearm, except that this subsection

17 (a) (10) does not apply to or affect transportation of

18 weapons that meet one of the following conditions:

19 (i) are broken down in a non-functioning state; or

20 (ii) are not immediately accessible; or

21 (iii) are unloaded and enclosed in a case, firearm

22 carrying box, shipping box, or other container by a

23 person eligible under State or federal law to possess a

24 firearm ~~who has been issued a currently valid Firearm~~

25 ~~Owner's Identification Card~~.

26 A "stun gun or taser", as used in this paragraph (a)

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1 means (i) any device which is powered by electrical

2 charging units, such as, batteries, and which fires one or

3 several barbs attached to a length of wire and which, upon

4 hitting a human, can send out a current capable of

5 disrupting the person's nervous system in such a manner as

6 to render him incapable of normal functioning or (ii) any

7 device which is powered by electrical charging units, such

8 as batteries, and which, upon contact with a human or

9 clothing worn by a human, can send out current capable of

10 disrupting the person's nervous system in such a manner as

11 to render him incapable of normal functioning; or

12 (11) Sells, manufactures or purchases any explosive

13 bullet. For purposes of this paragraph (a) "explosive

14 bullet" means the projectile portion of an ammunition

15 cartridge which contains or carries an explosive charge

16 which will explode upon contact with the flesh of a human

17 or an animal. "Cartridge" means a tubular metal case having

18 a projectile affixed at the front thereof and a cap or

19 primer at the rear end thereof, with the propellant

20 contained in such tube between the projectile and the cap;

21 or

22 (12) (Blank); or

23 (13) Carries or possesses on or about his or her person

24 while in a building occupied by a unit of government, a

25 billy club, other weapon of like character, or other

26 instrument of like character intended for use as a weapon.

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1 For the purposes of this Section, "billy club" means a

2 short stick or club commonly carried by police officers

3 which is either telescopic or constructed of a solid piece

4 of wood or other man-made material.

5 (b) Sentence. A person convicted of a violation of

6 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

7 subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a

8 Class A misdemeanor. A person convicted of a violation of

9 subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a

10 person convicted of a violation of subsection 24-1(a)(6) or

11 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person

12 convicted of a violation of subsection 24-1(a)(7)(i) commits a

13 Class 2 felony and shall be sentenced to a term of imprisonment

14 of not less than 3 years and not more than 7 years, unless the

15 weapon is possessed in the passenger compartment of a motor

16 vehicle as defined in Section 1-146 of the Illinois Vehicle

17 Code, or on the person, while the weapon is loaded, in which

18 case it shall be a Class X felony. A person convicted of a

19 second or subsequent violation of subsection 24-1(a)(4),

20 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3

21 felony. The possession of each weapon in violation of this

22 Section constitutes a single and separate violation.

23 (c) Violations in specific places.

24 (1) A person who violates subsection 24-1(a)(6) or

25 24-1(a)(7) in any school, regardless of the time of day or

26 the time of year, in residential property owned, operated

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1 or managed by a public housing agency or leased by a public

2 housing agency as part of a scattered site or mixed-income

3 development, in a public park, in a courthouse, on the real

4 property comprising any school, regardless of the time of

5 day or the time of year, on residential property owned,

6 operated or managed by a public housing agency or leased by

7 a public housing agency as part of a scattered site or

8 mixed-income development, on the real property comprising

9 any public park, on the real property comprising any

10 courthouse, in any conveyance owned, leased or contracted

11 by a school to transport students to or from school or a

12 school related activity, in any conveyance owned, leased,

13 or contracted by a public transportation agency, or on any

14 public way within 1,000 feet of the real property

15 comprising any school, public park, courthouse, public

16 transportation facility, or residential property owned,

17 operated, or managed by a public housing agency or leased

18 by a public housing agency as part of a scattered site or

19 mixed-income development commits a Class 2 felony and shall

20 be sentenced to a term of imprisonment of not less than 3

21 years and not more than 7 years.

22 (1.5) A person who violates subsection 24-1(a)(4),

23 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the

24 time of day or the time of year, in residential property

25 owned, operated, or managed by a public housing agency or

26 leased by a public housing agency as part of a scattered

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1 site or mixed-income development, in a public park, in a

2 courthouse, on the real property comprising any school,

3 regardless of the time of day or the time of year, on

4 residential property owned, operated, or managed by a

5 public housing agency or leased by a public housing agency

6 as part of a scattered site or mixed-income development, on

7 the real property comprising any public park, on the real

8 property comprising any courthouse, in any conveyance

9 owned, leased, or contracted by a school to transport

10 students to or from school or a school related activity, in

11 any conveyance owned, leased, or contracted by a public

12 transportation agency, or on any public way within 1,000

13 feet of the real property comprising any school, public

14 park, courthouse, public transportation facility, or

15 residential property owned, operated, or managed by a

16 public housing agency or leased by a public housing agency

17 as part of a scattered site or mixed-income development

18 commits a Class 3 felony.

19 (2) A person who violates subsection 24-1(a)(1),

20 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

21 time of day or the time of year, in residential property

22 owned, operated or managed by a public housing agency or

23 leased by a public housing agency as part of a scattered

24 site or mixed-income development, in a public park, in a

25 courthouse, on the real property comprising any school,

26 regardless of the time of day or the time of year, on

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1 residential property owned, operated or managed by a public

2 housing agency or leased by a public housing agency as part

3 of a scattered site or mixed-income development, on the

4 real property comprising any public park, on the real

5 property comprising any courthouse, in any conveyance

6 owned, leased or contracted by a school to transport

7 students to or from school or a school related activity, in

8 any conveyance owned, leased, or contracted by a public

9 transportation agency, or on any public way within 1,000

10 feet of the real property comprising any school, public

11 park, courthouse, public transportation facility, or

12 residential property owned, operated, or managed by a

13 public housing agency or leased by a public housing agency

14 as part of a scattered site or mixed-income development

15 commits a Class 4 felony. "Courthouse" means any building

16 that is used by the Circuit, Appellate, or Supreme Court of

17 this State for the conduct of official business.

18 (3) Paragraphs (1), (1.5), and (2) of this subsection

19 (c) shall not apply to law enforcement officers or security

20 officers of such school, college, or university or to

21 students carrying or possessing firearms for use in

22 training courses, parades, hunting, target shooting on

23 school ranges, or otherwise with the consent of school

24 authorities and which firearms are transported unloaded

25 enclosed in a suitable case, box, or transportation

26 package.

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1 (4) For the purposes of this subsection (c), "school"

2 means any public or private elementary or secondary school,

3 community college, college, or university.

4 (5) For the purposes of this subsection (c), "public

5 transportation agency" means a public or private agency

6 that provides for the transportation or conveyance of

7 persons by means available to the general public, except

8 for transportation by automobiles not used for conveyance

9 of the general public as passengers; and "public

10 transportation facility" means a terminal or other place

11 where one may obtain public transportation.

12 (d) The presence in an automobile other than a public

13 omnibus of any weapon, instrument or substance referred to in

14 subsection (a)(7) is prima facie evidence that it is in the

15 possession of, and is being carried by, all persons occupying

16 such automobile at the time such weapon, instrument or

17 substance is found, except under the following circumstances:

18 (i) if such weapon, instrument or instrumentality is found upon

19 the person of one of the occupants therein; or (ii) if such

20 weapon, instrument or substance is found in an automobile

21 operated for hire by a duly licensed driver in the due, lawful

22 and proper pursuit of his trade, then such presumption shall

23 not apply to the driver.

24 (e) Exemptions. Crossbows, Common or Compound bows and

25 Underwater Spearguns are exempted from the definition of

26 ballistic knife as defined in paragraph (1) of subsection (a)

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1 of this Section.

2 (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;

3 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;

4 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)

5 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)

6 Sec. 24-1.1. Unlawful Use or Possession of Weapons by

7 Felons or Persons in the Custody of the Department of

8 Corrections Facilities.

9 (a) It is unlawful for a person to knowingly possess on or

10 about his person or on his land or in his own abode or fixed

11 place of business any weapon prohibited under Section 24-1 of

12 this Act or any firearm or any firearm ammunition if the person

13 has been convicted of a felony under the laws of this State or

14 any other jurisdiction. This Section shall not apply if the

15 person has been granted reliefunder this subsection ~~by the~~

16 ~~Director of the Department of State Police under Section 10 of~~

17 ~~the Firearm Owners Identification Card Act~~. A person prohibited

18 from possessing a firearm under this subsection (a) may

19 petition the Director of State Police for a hearing and relief

20 from the prohibition, unless the prohibition was based upon a

21 forcible felony, stalking, aggravated stalking, domestic

22 battery, any violation of the Illinois Controlled Substances

23 Act, the Methamphetamine Control and Community Protection Act,

24 or the Cannabis Control Act that is classified as a Class 2 or

25 greater felony, any felony violation of Article 24 of the

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1 Criminal Code of 1961 or the Criminal Code of 2012, or any

2 adjudication as a delinquent minor for the commission of an

3 offense that if committed by an adult would be a felony, in

4 which case the person may petition the circuit court in writing

5 in the county of his or her residence for a hearing and relief

6 from the prohibition. The Director or court may grant the

7 relief if it is established by the petitioner to the court's or

8 Director's satisfaction that:

9 (1) when in the circuit court, the State's Attorney has

10 been served with a written copy of the petition at least 30

11 days before any hearing in the circuit court and at the

12 hearing the State's Attorney was afforded an opportunity to

13 present evidence and object to the petition;

14 (2) the petitioner has not been convicted of a forcible

15 felony under the laws of this State or any other

16 jurisdiction within 20 years of the filing of the petition,

17 or at least 20 years have passed since the end of any

18 period of imprisonment imposed in relation to that

19 conviction;

20 (3) the circumstances regarding a criminal conviction,

21 where applicable, the petitioner's criminal history and

22 his or her reputation are such that the petitioner will not

23 be likely to act in a manner dangerous to public safety;

24 (4) granting relief would not be contrary to the public

25 interest; and

26 (5) granting relief would not be contrary to federal

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1 law.

2 (b) It is unlawful for any person confined in a penal

3 institution, which is a facility of the Illinois Department of

4 Corrections, to possess any weapon prohibited under Section

5 24-1 of this Code or any firearm or firearm ammunition,

6 regardless of the intent with which he possesses it.

7 (c) It shall be an affirmative defense to a violation of

8 subsection (b), that such possession was specifically

9 authorized by rule, regulation, or directive of the Illinois

10 Department of Corrections or order issued pursuant thereto.

11 (d) The defense of necessity is not available to a person

12 who is charged with a violation of subsection (b) of this

13 Section.

14 (e) Sentence. Violation of this Section by a person not

15 confined in a penal institution shall be a Class 3 felony for

16 which the person shall be sentenced to no less than 2 years and

17 no more than 10 years and any second or subsequent violation

18 shall be a Class 2 felony for which the person shall be

19 sentenced to a term of imprisonment of not less than 3 years

20 and not more than 14 years. Violation of this Section by a

21 person not confined in a penal institution who has been

22 convicted of a forcible felony, a felony violation of Article

23 24 of this Code ~~or of the Firearm Owners Identification Card~~

24 ~~Act~~, stalking or aggravated stalking, or a Class 2 or greater

25 felony under the Illinois Controlled Substances Act, the

26 Cannabis Control Act, or the Methamphetamine Control and

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1 Community Protection Act is a Class 2 felony for which the

2 person shall be sentenced to not less than 3 years and not more

3 than 14 years. Violation of this Section by a person who is on

4 parole or mandatory supervised release is a Class 2 felony for

5 which the person shall be sentenced to not less than 3 years

6 and not more than 14 years. Violation of this Section by a

7 person not confined in a penal institution is a Class X felony

8 when the firearm possessed is a machine gun. Any person who

9 violates this Section while confined in a penal institution,

10 which is a facility of the Illinois Department of Corrections,

11 is guilty of a Class 1 felony, if he possesses any weapon

12 prohibited under Section 24-1 of this Code regardless of the

13 intent with which he possesses it, a Class X felony if he

14 possesses any firearm, firearm ammunition or explosive, and a

15 Class X felony for which the offender shall be sentenced to not

16 less than 12 years and not more than 50 years when the firearm

17 possessed is a machine gun. A violation of this Section while

18 wearing or in possession of body armor as defined in Section

19 33F-1 is a Class X felony punishable by a term of imprisonment

20 of not less than 10 years and not more than 40 years. The

21 possession of each firearm or firearm ammunition in violation

22 of this Section constitutes a single and separate violation.

23 (Source: P.A. 97-237, eff. 1-1-12.)

24 (720 ILCS 5/24-1.6)

25 Sec. 24-1.6. Aggravated unlawful use of a weapon.

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1 (a) A person commits the offense of aggravated unlawful use

2 of a weapon when he or she knowingly:

3 (1) Carries on or about his or her person or in any

4 vehicle or concealed on or about his or her person except

5 when on his or her land or in his or her abode, legal

6 dwelling, or fixed place of business, or on the land or in

7 the legal dwelling of another person as an invitee with

8 that person's permission, any pistol, revolver, stun gun or

9 taser or other firearm; or

10 (2) Carries or possesses on or about his or her person,

11 upon any public street, alley, or other public lands within

12 the corporate limits of a city, village or incorporated

13 town, except when an invitee thereon or therein, for the

14 purpose of the display of such weapon or the lawful

15 commerce in weapons, or except when on his or her own land

16 or in his or her own abode, legal dwelling, or fixed place

17 of business, or on the land or in the legal dwelling of

18 another person as an invitee with that person's permission,

19 any pistol, revolver, stun gun or taser or other firearm;

20 and

21 (3) One of the following factors is present:

22 (A) the firearm, other than a pistol, revolver, or

23 handgun, possessed was uncased, loaded, and

24 immediately accessible at the time of the offense; or

25 (A-5) the pistol, revolver, or handgun possessed

26 was uncased, loaded, and immediately accessible at the

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1 time of the offense and the person possessing the

2 pistol, revolver, or handgun has not been issued a

3 currently valid license under the Firearm Concealed

4 Carry Act; or

5 (B) the firearm, other than a pistol, revolver, or

6 handgun, possessed was uncased, unloaded, and the

7 ammunition for the weapon was immediately accessible

8 at the time of the offense; or

9 (B-5) the pistol, revolver, or handgun possessed

10 was uncased, unloaded, and the ammunition for the

11 weapon was immediately accessible at the time of the

12 offense and the person possessing the pistol,

13 revolver, or handgun has not been issued a currently

14 valid license under the Firearm Concealed Carry Act; or

15 (C) (blank); or ~~the person possessing the firearm~~

16 ~~has not been issued a currently valid Firearm Owner's~~

17 ~~Identification Card; or~~

18 (D) the person possessing the weapon was

19 previously adjudicated a delinquent minor under the

20 Juvenile Court Act of 1987 for an act that if committed

21 by an adult would be a felony; or

22 (E) the person possessing the weapon was engaged in

23 a misdemeanor violation of the Cannabis Control Act, in

24 a misdemeanor violation of the Illinois Controlled

25 Substances Act, or in a misdemeanor violation of the

26 Methamphetamine Control and Community Protection Act;

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1 or

2 (F) (blank); or

3 (G) the person possessing the weapon had a order of

4 protection issued against him or her within the

5 previous 2 years; or

6 (H) the person possessing the weapon was engaged in

7 the commission or attempted commission of a

8 misdemeanor involving the use or threat of violence

9 against the person or property of another; or

10 (I) the person possessing the weapon was under 21

11 years of age and in possession of a handgun, unless the

12 person under 21 is engaged in lawful activities under

13 the Wildlife Code or described in subsection

14 24-2(b)(1), (b)(3), or 24-2(f).

15 (a-5) "Handgun" as used in this Section has the meaning

16 given to it in Section 5 of the Firearm Concealed Carry Act.

17 (b) "Stun gun or taser" as used in this Section has the

18 same definition given to it in Section 24-1 of this Code.

19 (c) This Section does not apply to or affect the

20 transportation or possession of weapons that:

21 (i) are broken down in a non-functioning state; or

22 (ii) are not immediately accessible; or

23 (iii) are unloaded and enclosed in a case, firearm

24 carrying box, shipping box, or other container by a person

25 who is eligible under State and federal law to possess a

26 firearm ~~has been issued a currently valid Firearm Owner's~~

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1 ~~Identification Card~~.

2 (d) Sentence.

3 (1) Aggravated unlawful use of a weapon is a Class 4

4 felony; a second or subsequent offense is a Class 2 felony

5 for which the person shall be sentenced to a term of

6 imprisonment of not less than 3 years and not more than 7

7 years.

8 (2) (Blank). ~~Except as otherwise provided in~~

9 ~~paragraphs (3) and (4) of this subsection (d), a first~~

10 ~~offense of aggravated unlawful use of a weapon committed~~

11 ~~with a firearm by a person 18 years of age or older where~~

12 ~~the factors listed in both items (A) and (C) or both items~~

13 ~~(A-5) and (C) of paragraph (3) of subsection (a) are~~

14 ~~present is a Class 4 felony, for which the person shall be~~

15 ~~sentenced to a term of imprisonment of not less than one~~

16 ~~year and not more than 3 years.~~

17 (3) Aggravated unlawful use of a weapon by a person who

18 has been previously convicted of a felony in this State or

19 another jurisdiction is a Class 2 felony for which the

20 person shall be sentenced to a term of imprisonment of not

21 less than 3 years and not more than 7 years.

22 (4) Aggravated unlawful use of a weapon while wearing

23 or in possession of body armor as defined in Section 33F-1

24 by a person who is prohibited under State or federal law

25 from possessing a firearm ~~has not been issued a valid~~

26 ~~Firearms Owner's Identification Card in accordance with~~

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1 ~~Section 5 of the Firearm Owners Identification Card Act~~ is

2 a Class X felony.

3 (e) The possession of each firearm in violation of this

4 Section constitutes a single and separate violation.

5 (Source: P.A. 98-63, eff. 7-9-13.)

6 (720 ILCS 5/24-1.8)

7 Sec. 24-1.8. Unlawful possession of a firearm by a street

8 gang member.

9 (a) A person commits unlawful possession of a firearm by a

10 street gang member when he or she knowingly:

11 (1) possesses, carries, or conceals on or about his or

12 her person a firearm and firearm ammunition while on any

13 street, road, alley, gangway, sidewalk, or any other lands,

14 except when inside his or her own abode or inside his or

15 her fixed place of business, ~~and has not been issued a~~

16 ~~currently valid Firearm Owner's Identification Card~~ and is

17 a member of a street gang; or

18 (2) possesses or carries in any vehicle a firearm and

19 firearm ammunition which are both immediately accessible

20 at the time of the offense while on any street, road,

21 alley, or any other lands, except when inside his or her

22 own abode or garage, ~~and has not been issued a currently~~

23 ~~valid Firearm Owner's Identification Card~~ and is a member

24 of a street gang.

25 (b) Unlawful possession of a firearm by a street gang

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1 member is a Class 2 felony for which the person, if sentenced

2 to a term of imprisonment, shall be sentenced to no less than 3

3 years and no more than 10 years. A period of probation, a term

4 of periodic imprisonment or conditional discharge shall not be

5 imposed for the offense of unlawful possession of a firearm by

6 a street gang member when the firearm was loaded or contained

7 firearm ammunition and the court shall sentence the offender to

8 not less than the minimum term of imprisonment authorized for

9 the Class 2 felony.

10 (c) For purposes of this Section:

11 "Street gang" or "gang" has the meaning ascribed to it

12 in Section 10 of the Illinois Streetgang Terrorism Omnibus

13 Prevention Act.

14 "Street gang member" or "gang member" has the meaning

15 ascribed to it in Section 10 of the Illinois Streetgang

16 Terrorism Omnibus Prevention Act.

17 (Source: P.A. 96-829, eff. 12-3-09.)

18 (720 ILCS 5/24-2)

19 Sec. 24-2. Exemptions.

20 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

21 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

22 the following:

23 (1) Peace officers, and any person summoned by a peace

24 officer to assist in making arrests or preserving the

25 peace, while actually engaged in assisting such officer.

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1 (2) Wardens, superintendents and keepers of prisons,

2 penitentiaries, jails and other institutions for the

3 detention of persons accused or convicted of an offense,

4 while in the performance of their official duty, or while

5 commuting between their homes and places of employment.

6 (3) Members of the Armed Services or Reserve Forces of

7 the United States or the Illinois National Guard or the

8 Reserve Officers Training Corps, while in the performance

9 of their official duty.

10 (4) Special agents employed by a railroad or a public

11 utility to perform police functions, and guards of armored

12 car companies, while actually engaged in the performance of

13 the duties of their employment or commuting between their

14 homes and places of employment; and watchmen while actually

15 engaged in the performance of the duties of their

16 employment.

17 (5) Persons licensed as private security contractors,

18 private detectives, or private alarm contractors, or

19 employed by an agency certified by the Department of

20 Financial and Professional Regulation, if their duties

21 include the carrying of a weapon under the provisions of

22 the Private Detective, Private Alarm, Private Security,

23 Fingerprint Vendor, and Locksmith Act of 2004, while

24 actually engaged in the performance of the duties of their

25 employment or commuting between their homes and places of

26 employment, provided that such commuting is accomplished

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1 within one hour from departure from home or place of

2 employment, as the case may be. A person shall be

3 considered eligible for this exemption if he or she has

4 completed the required 20 hours of training for a private

5 security contractor, private detective, or private alarm

6 contractor, or employee of a licensed agency and 20 hours

7 of required firearm training, and has been issued a firearm

8 control card by the Department of Financial and

9 Professional Regulation. Conditions for the renewal of

10 firearm control cards issued under the provisions of this

11 Section shall be the same as for those cards issued under

12 the provisions of the Private Detective, Private Alarm,

13 Private Security, Fingerprint Vendor, and Locksmith Act of

14 2004. The firearm control card shall be carried by the

15 private security contractor, private detective, or private

16 alarm contractor, or employee of the licensed agency at all

17 times when he or she is in possession of a concealable

18 weapon.

19 (6) Any person regularly employed in a commercial or

20 industrial operation as a security guard for the protection

21 of persons employed and private property related to such

22 commercial or industrial operation, while actually engaged

23 in the performance of his or her duty or traveling between

24 sites or properties belonging to the employer, and who, as

25 a security guard, is a member of a security force of at

26 least 5 persons registered with the Department of Financial

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1 and Professional Regulation; provided that such security

2 guard has successfully completed a course of study,

3 approved by and supervised by the Department of Financial

4 and Professional Regulation, consisting of not less than 40

5 hours of training that includes the theory of law

6 enforcement, liability for acts, and the handling of

7 weapons. A person shall be considered eligible for this

8 exemption if he or she has completed the required 20 hours

9 of training for a security officer and 20 hours of required

10 firearm training, and has been issued a firearm control

11 card by the Department of Financial and Professional

12 Regulation. Conditions for the renewal of firearm control

13 cards issued under the provisions of this Section shall be

14 the same as for those cards issued under the provisions of

15 the Private Detective, Private Alarm, Private Security,

16 Fingerprint Vendor, and Locksmith Act of 2004. The firearm

17 control card shall be carried by the security guard at all

18 times when he or she is in possession of a concealable

19 weapon.

20 (7) Agents and investigators of the Illinois

21 Legislative Investigating Commission authorized by the

22 Commission to carry the weapons specified in subsections

23 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

24 any investigation for the Commission.

25 (8) Persons employed by a financial institution for the

26 protection of other employees and property related to such

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1 financial institution, while actually engaged in the

2 performance of their duties, commuting between their homes

3 and places of employment, or traveling between sites or

4 properties owned or operated by such financial

5 institution, provided that any person so employed has

6 successfully completed a course of study, approved by and

7 supervised by the Department of Financial and Professional

8 Regulation, consisting of not less than 40 hours of

9 training which includes theory of law enforcement,

10 liability for acts, and the handling of weapons. A person

11 shall be considered to be eligible for this exemption if he

12 or she has completed the required 20 hours of training for

13 a security officer and 20 hours of required firearm

14 training, and has been issued a firearm control card by the

15 Department of Financial and Professional Regulation.

16 Conditions for renewal of firearm control cards issued

17 under the provisions of this Section shall be the same as

18 for those issued under the provisions of the Private

19 Detective, Private Alarm, Private Security, Fingerprint

20 Vendor, and Locksmith Act of 2004. Such firearm control

21 card shall be carried by the person so trained at all times

22 when such person is in possession of a concealable weapon.

23 For purposes of this subsection, "financial institution"

24 means a bank, savings and loan association, credit union or

25 company providing armored car services.

26 (9) Any person employed by an armored car company to

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1 drive an armored car, while actually engaged in the

2 performance of his duties.

3 (10) Persons who have been classified as peace officers

4 pursuant to the Peace Officer Fire Investigation Act.

5 (11) Investigators of the Office of the State's

6 Attorneys Appellate Prosecutor authorized by the board of

7 governors of the Office of the State's Attorneys Appellate

8 Prosecutor to carry weapons pursuant to Section 7.06 of the

9 State's Attorneys Appellate Prosecutor's Act.

10 (12) Special investigators appointed by a State's

11 Attorney under Section 3-9005 of the Counties Code.

12 (12.5) Probation officers while in the performance of

13 their duties, or while commuting between their homes,

14 places of employment or specific locations that are part of

15 their assigned duties, with the consent of the chief judge

16 of the circuit for which they are employed, if they have

17 received weapons training according to requirements of the

18 Peace Officer and Probation Officer Firearm Training Act.

19 (13) Court Security Officers while in the performance

20 of their official duties, or while commuting between their

21 homes and places of employment, with the consent of the

22 Sheriff.

23 (13.5) A person employed as an armed security guard at

24 a nuclear energy, storage, weapons or development site or

25 facility regulated by the Nuclear Regulatory Commission

26 who has completed the background screening and training

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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 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

7 to or affect any person carrying a concealed pistol, revolver,

8 or handgun and the person has been issued a currently valid

9 license under the Firearm Concealed Carry Act at the time of

10 the commission of the offense.

11 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

12 24-1.6 do not apply to or affect any of the following:

13 (1) Members of any club or organization organized for

14 the purpose of practicing shooting at targets upon

15 established target ranges, whether public or private, and

16 patrons of such ranges, while such members or patrons are

17 using their firearms on those target ranges.

18 (2) Duly authorized military or civil organizations

19 while parading, with the special permission of the

20 Governor.

21 (3) Hunters, trappers or fishermen with a license or

22 permit while engaged in hunting, trapping or fishing.

23 (4) Transportation of weapons that are broken down in a

24 non-functioning state or are not immediately accessible.

25 (5) Carrying or possessing any pistol, revolver, stun

26 gun or taser or other firearm on the land or in the legal

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1 dwelling of another person as an invitee with that person's

2 permission.

3 (c) Subsection 24-1(a)(7) does not apply to or affect any

4 of the following:

5 (1) Peace officers while in performance of their

6 official duties.

7 (2) Wardens, superintendents and keepers of prisons,

8 penitentiaries, jails and other institutions for the

9 detention of persons accused or convicted of an offense.

10 (3) Members of the Armed Services or Reserve Forces of

11 the United States or the Illinois National Guard, while in

12 the performance of their official duty.

13 (4) Manufacture, transportation, or sale of machine

14 guns to persons authorized under subdivisions (1) through

15 (3) of this subsection to possess machine guns, if the

16 machine guns are broken down in a non-functioning state or

17 are not immediately accessible.

18 (5) Persons licensed under federal law to manufacture

19 any weapon from which 8 or more shots or bullets can be

20 discharged by a single function of the firing device, or

21 ammunition for such weapons, and actually engaged in the

22 business of manufacturing such weapons or ammunition, but

23 only with respect to activities which are within the lawful

24 scope of such business, such as the manufacture,

25 transportation, or testing of such weapons or ammunition.

26 This exemption does not authorize the general private

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1 possession of any weapon from which 8 or more shots or

2 bullets can be discharged by a single function of the

3 firing device, but only such possession and activities as

4 are within the lawful scope of a licensed manufacturing

5 business described in this paragraph.

6 During transportation, such weapons shall be broken

7 down in a non-functioning state or not immediately

8 accessible.

9 (6) The manufacture, transport, testing, delivery,

10 transfer or sale, and all lawful commercial or experimental

11 activities necessary thereto, of rifles, shotguns, and

12 weapons made from rifles or shotguns, or ammunition for

13 such rifles, shotguns or weapons, where engaged in by a

14 person operating as a contractor or subcontractor pursuant

15 to a contract or subcontract for the development and supply

16 of such rifles, shotguns, weapons or ammunition to the

17 United States government or any branch of the Armed Forces

18 of the United States, when such activities are necessary

19 and incident to fulfilling the terms of such contract.

20 The exemption granted under this subdivision (c)(6)

21 shall also apply to any authorized agent of any such

22 contractor or subcontractor who is operating within the

23 scope of his employment, where such activities involving

24 such weapon, weapons or ammunition are necessary and

25 incident to fulfilling the terms of such contract.

26 (7) A person possessing a rifle with a barrel or

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1 barrels less than 16 inches in length if: (A) the person

2 has been issued a Curios and Relics license from the U.S.

3 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)

4 the person is an active member of a bona fide, nationally

5 recognized military re-enacting group and the modification

6 is required and necessary to accurately portray the weapon

7 for historical re-enactment purposes; the re-enactor is in

8 possession of a valid and current re-enacting group

9 membership credential; and the overall length of the weapon

10 as modified is not less than 26 inches.

11 (d) Subsection 24-1(a)(1) does not apply to the purchase,

12 possession or carrying of a black-jack or slung-shot by a peace

13 officer.

14 (e) Subsection 24-1(a)(8) does not apply to any owner,

15 manager or authorized employee of any place specified in that

16 subsection nor to any law enforcement officer.

17 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

18 Section 24-1.6 do not apply to members of any club or

19 organization organized for the purpose of practicing shooting

20 at targets upon established target ranges, whether public or

21 private, while using their firearms on those target ranges.

22 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

23 to:

24 (1) Members of the Armed Services or Reserve Forces of

25 the United States or the Illinois National Guard, while in

26 the performance of their official duty.

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1 (2) Bonafide collectors of antique or surplus military

2 ordinance.

3 (3) Laboratories having a department of forensic

4 ballistics, or specializing in the development of

5 ammunition or explosive ordinance.

6 (4) Commerce, preparation, assembly or possession of

7 explosive bullets by manufacturers of ammunition licensed

8 by the federal government, in connection with the supply of

9 those organizations and persons exempted by subdivision

10 (g)(1) of this Section, or like organizations and persons

11 outside this State, or the transportation of explosive

12 bullets to any organization or person exempted in this

13 Section by a common carrier or by a vehicle owned or leased

14 by an exempted manufacturer.

15 (g-5) Subsection 24-1(a)(6) does not apply to or affect

16 persons licensed under federal law to manufacture any device or

17 attachment of any kind designed, used, or intended for use in

18 silencing the report of any firearm, firearms, or ammunition

19 for those firearms equipped with those devices, and actually

20 engaged in the business of manufacturing those devices,

21 firearms, or ammunition, but only with respect to activities

22 that are within the lawful scope of that business, such as the

23 manufacture, transportation, or testing of those devices,

24 firearms, or ammunition. This exemption does not authorize the

25 general private possession of any device or attachment of any

26 kind designed, used, or intended for use in silencing the

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1 report of any firearm, but only such possession and activities

2 as are within the lawful scope of a licensed manufacturing

3 business described in this subsection (g-5). During

4 transportation, these devices shall be detached from any weapon

5 or not immediately accessible.

6 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

7 24-1.6 do not apply to or affect any parole agent or parole

8 supervisor who meets the qualifications and conditions

9 prescribed in Section 3-14-1.5 of the Unified Code of

10 Corrections.

11 (g-7) Subsection 24-1(a)(6) does not apply to a peace

12 officer while serving as a member of a tactical response team

13 or special operations team. A peace officer may not personally

14 own or apply for ownership of a device or attachment of any

15 kind designed, used, or intended for use in silencing the

16 report of any firearm. These devices shall be owned and

17 maintained by lawfully recognized units of government whose

18 duties include the investigation of criminal acts.

19 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

20 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an

21 athlete's possession, transport on official Olympic and

22 Paralympic transit systems established for athletes, or use of

23 competition firearms sanctioned by the International Olympic

24 Committee, the International Paralympic Committee, the

25 International Shooting Sport Federation, or USA Shooting in

26 connection with such athlete's training for and participation

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1 in shooting competitions at the 2016 Olympic and Paralympic

2 Games and sanctioned test events leading up to the 2016 Olympic

3 and Paralympic Games.

4 (h) An information or indictment based upon a violation of

5 any subsection of this Article need not negative any exemptions

6 contained in this Article. The defendant shall have the burden

7 of proving such an exemption.

8 (i) Nothing in this Article shall prohibit, apply to, or

9 affect the transportation, carrying, or possession, of any

10 pistol or revolver, stun gun, taser, or other firearm consigned

11 to a common carrier operating under license of the State of

12 Illinois or the federal government, where such transportation,

13 carrying, or possession is incident to the lawful

14 transportation in which such common carrier is engaged; and

15 nothing in this Article shall prohibit, apply to, or affect the

16 transportation, carrying, or possession of any pistol,

17 revolver, stun gun, taser, or other firearm, not the subject of

18 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

19 this Article, which is unloaded and enclosed in a case, firearm

20 carrying box, shipping box, or other container, by a person

21 eligible under State and federal law to possess a firearm ~~the~~

22 ~~possessor of a valid Firearm Owners Identification Card~~.

23 (Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12;

24 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13;

25 98-463, eff. 8-16-13; 98-725, eff. 1-1-15.)

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1 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

2 Sec. 24-3. Unlawful sale or delivery of firearms.

3 (A) A person commits the offense of unlawful sale or

4 delivery of firearms when he or she knowingly does any of the

5 following:

6 (a) Sells or gives any firearm of a size which may be

7 concealed upon the person to any person under 18 years of

8 age.

9 (b) Sells or gives any firearm to a person under 21

10 years of age who has been convicted of a misdemeanor other

11 than a traffic offense or adjudged delinquent.

12 (c) Sells or gives any firearm to any narcotic addict.

13 (d) Sells or gives any firearm to any person who has

14 been convicted of a felony under the laws of this or any

15 other jurisdiction.

16 (e) Sells or gives any firearm to any person who has

17 been a patient in a mental institution within the past 5

18 years. In this subsection (e):

19 "Mental institution" means any hospital,

20 institution, clinic, evaluation facility, mental

21 health center, or part thereof, which is used primarily

22 for the care or treatment of persons with mental

23 illness.

24 "Patient in a mental institution" means the person

25 was admitted, either voluntarily or involuntarily, to

26 a mental institution for mental health treatment,

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1 unless the treatment was voluntary and solely for an

2 alcohol abuse disorder and no other secondary

3 substance abuse disorder or mental illness.

4 (f) Sells or gives any firearms to any person who is

5 intellectually disabled.

6 (g) Delivers any firearm of a size which may be

7 concealed upon the person, incidental to a sale, without

8 withholding delivery of such firearm for at least 72 hours

9 after application for its purchase has been made, or

10 delivers any rifle, shotgun or other long gun, or a stun

11 gun or taser, incidental to a sale, without withholding

12 delivery of such rifle, shotgun or other long gun, or a

13 stun gun or taser for at least 24 hours after application

14 for its purchase has been made. However, this paragraph (g)

15 does not apply to: (1) the sale of a firearm to a law

16 enforcement officer if the seller of the firearm knows that

17 the person to whom he or she is selling the firearm is a

18 law enforcement officer or the sale of a firearm to a

19 person who desires to purchase a firearm for use in

20 promoting the public interest incident to his or her

21 employment as a bank guard, armed truck guard, or other

22 similar employment; (2) a mail order sale of a firearm to a

23 nonresident of Illinois under which the firearm is mailed

24 to a point outside the boundaries of Illinois; (3) the sale

25 of a firearm to a nonresident of Illinois while at a

26 firearm showing or display recognized by the Illinois

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1 Department of State Police; or (4) the sale of a firearm to

2 a dealer licensed as a federal firearms dealer under

3 Section 923 of the federal Gun Control Act of 1968 (18

4 U.S.C. 923). For purposes of this paragraph (g),

5 "application" means when the buyer and seller reach an

6 agreement to purchase a firearm.

7 (h) While holding any license as a dealer, importer,

8 manufacturer or pawnbroker under the federal Gun Control

9 Act of 1968, manufactures, sells or delivers to any

10 unlicensed person a handgun having a barrel, slide, frame

11 or receiver which is a die casting of zinc alloy or any

12 other nonhomogeneous metal which will melt or deform at a

13 temperature of less than 800 degrees Fahrenheit. For

14 purposes of this paragraph, ~~(1) "firearm" is defined as in~~

15 ~~the Firearm Owners Identification Card Act; and (2)~~

16 "handgun" is defined as a firearm designed to be held and

17 fired by the use of a single hand, and includes a

18 combination of parts from which such a firearm can be

19 assembled.

20 (i) Sells or gives a firearm of any size to any person

21 under 18 years of age whois not eligible under State or

22 federal law to possess a firearm ~~does not possess a valid~~

23 ~~Firearm Owner's Identification Card~~.

24 (j) Sells or gives a firearm while engaged in the

25 business of selling firearms at wholesale or retail without

26 being licensed as a federal firearms dealer under Section

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1 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

2 In this paragraph (j):

3 A person "engaged in the business" means a person who

4 devotes time, attention, and labor to engaging in the

5 activity as a regular course of trade or business with the

6 principal objective of livelihood and profit, but does not

7 include a person who makes occasional repairs of firearms

8 or who occasionally fits special barrels, stocks, or

9 trigger mechanisms to firearms.

10 "With the principal objective of livelihood and

11 profit" means that the intent underlying the sale or

12 disposition of firearms is predominantly one of obtaining

13 livelihood and pecuniary gain, as opposed to other intents,

14 such as improving or liquidating a personal firearms

15 collection; however, proof of profit shall not be required

16 as to a person who engages in the regular and repetitive

17 purchase and disposition of firearms for criminal purposes

18 or terrorism.

19 (k) (Blank). ~~Sells or transfers ownership of a firearm~~

20 ~~to a person who does not display to the seller or~~

21 ~~transferor of the firearm a currently valid Firearm Owner's~~

22 ~~Identification Card that has previously been issued in the~~

23 ~~transferee's name by the Department of State Police under~~

24 ~~the provisions of the Firearm Owners Identification Card~~

25 ~~Act. This paragraph (k) does not apply to the transfer of a~~

26 ~~firearm to a person who is exempt from the requirement of~~

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1 ~~possessing a Firearm Owner's Identification Card under~~

2 ~~Section 2 of the Firearm Owners Identification Card Act.~~

3 ~~For the purposes of this Section, a currently valid Firearm~~

4 ~~Owner's Identification Card means (i) a Firearm Owner's~~

5 ~~Identification Card that has not expired or (ii) an~~

6 ~~approval number issued in accordance with subsection~~

7 ~~(a-10) of subsection 3 or Section 3.1 of the Firearm Owners~~

8 ~~Identification Card Act shall be proof that the Firearm~~

9 ~~Owner's Identification Card was valid.~~

10 (1) (Blank). ~~In addition to the other requirements~~

11 ~~of this paragraph (k), all persons who are not~~

12 ~~federally licensed firearms dealers must also have~~

13 ~~complied with subsection (a-10) of Section 3 of the~~

14 ~~Firearm Owners Identification Card Act by determining~~

15 ~~the validity of a purchaser's Firearm Owner's~~

16 ~~Identification Card.~~

17 (2) (Blank). ~~All sellers or transferors who have~~

18 ~~complied with the requirements of subparagraph (1) of~~

19 ~~this paragraph (k) shall not be liable for damages in~~

20 ~~any civil action arising from the use or misuse by the~~

21 ~~transferee of the firearm transferred, except for~~

22 ~~willful or wanton misconduct on the part of the seller~~

23 ~~or transferor.~~

24 (l) Not being entitled to the possession of a firearm,

25 delivers the firearm, knowing it to have been stolen or

26 converted. It may be inferred that a person who possesses a

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1 firearm with knowledge that its serial number has been

2 removed or altered has knowledge that the firearm is stolen

3 or converted.

4 (B) Paragraph (h) of subsection (A) does not include

5 firearms sold within 6 months after enactment of Public Act

6 78-355 (approved August 21, 1973, effective October 1, 1973),

7 nor is any firearm legally owned or possessed by any citizen or

8 purchased by any citizen within 6 months after the enactment of

9 Public Act 78-355 subject to confiscation or seizure under the

10 provisions of that Public Act. Nothing in Public Act 78-355

11 shall be construed to prohibit the gift or trade of any firearm

12 if that firearm was legally held or acquired within 6 months

13 after the enactment of that Public Act.

14 (C) Sentence.

15 (1) Any person convicted of unlawful sale or delivery

16 of firearms in violation of paragraph (c), (e), (f), (g),

17 or (h) of subsection (A) commits a Class 4 felony.

18 (2) Any person convicted of unlawful sale or delivery

19 of firearms in violation of paragraph (b)~~or (i)~~ of

20 subsection (A) commits a Class 3 felony.

21 (3) Any person convicted of unlawful sale or delivery

22 of firearms in violation of paragraph (a) of subsection (A)

23 commits a Class 2 felony.

24 (4) Any person convicted of unlawful sale or delivery

25 of firearms in violation of paragraph (a)or ~~,~~ (b)~~, or (i)~~

26 of subsection (A) in any school, on the real property

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1 comprising a school, within 1,000 feet of the real property

2 comprising a school, at a school related activity, or on or

3 within 1,000 feet of any conveyance owned, leased, or

4 contracted by a school or school district to transport

5 students to or from school or a school related activity,

6 regardless of the time of day or time of year at which the

7 offense was committed, commits a Class 1 felony. Any person

8 convicted of a second or subsequent violation of unlawful

9 sale or delivery of firearms in violation of paragraph (a)

10 or ~~,~~ (b)~~, or (i)~~ of subsection (A) in any school, on the

11 real property comprising a school, within 1,000 feet of the

12 real property comprising a school, at a school related

13 activity, or on or within 1,000 feet of any conveyance

14 owned, leased, or contracted by a school or school district

15 to transport students to or from school or a school related

16 activity, regardless of the time of day or time of year at

17 which the offense was committed, commits a Class 1 felony

18 for which the sentence shall be a term of imprisonment of

19 no less than 5 years and no more than 15 years.

20 (5) Any person convicted of unlawful sale or delivery

21 of firearms in violation of paragraph (a)~~or (i)~~ of

22 subsection (A) in residential property owned, operated, or

23 managed by a public housing agency or leased by a public

24 housing agency as part of a scattered site or mixed-income

25 development, in a public park, in a courthouse, on

26 residential property owned, operated, or managed by a

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1 public housing agency or leased by a public housing agency

2 as part of a scattered site or mixed-income development, on

3 the real property comprising any public park, on the real

4 property comprising any courthouse, or on any public way

5 within 1,000 feet of the real property comprising any

6 public park, courthouse, or residential property owned,

7 operated, or managed by a public housing agency or leased

8 by a public housing agency as part of a scattered site or

9 mixed-income development commits a Class 2 felony.

10 (6) Any person convicted of unlawful sale or delivery

11 of firearms in violation of paragraph (j) of subsection (A)

12 commits a Class A misdemeanor. A second or subsequent

13 violation is a Class 4 felony.

14 (7) (Blank). ~~Any person convicted of unlawful sale or~~

15 ~~delivery of firearms in violation of paragraph (k) of~~

16 ~~subsection (A) commits a Class 4 felony, except that a~~

17 ~~violation of subparagraph (1) of paragraph (k) of~~

18 ~~subsection (A) shall not be punishable as a crime or petty~~

19 ~~offense. A third or subsequent conviction for a violation~~

20 ~~of paragraph (k) of subsection (A) is a Class 1 felony.~~

21 (8) A person 18 years of age or older convicted of

22 unlawful sale or delivery of firearms in violation of

23 paragraph (a) ~~or (i)~~ of subsection (A), when the firearm

24 that was sold or given to another person under 18 years of

25 age was used in the commission of or attempt to commit a

26 forcible felony, shall be fined or imprisoned, or both, not

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1 to exceed the maximum provided for the most serious

2 forcible felony so committed or attempted by the person

3 under 18 years of age who was sold or given the firearm.

4 (9) Any person convicted of unlawful sale or delivery

5 of firearms in violation of paragraph (d) of subsection (A)

6 commits a Class 3 felony.

7 (10) Any person convicted of unlawful sale or delivery

8 of firearms in violation of paragraph (l) of subsection (A)

9 commits a Class 2 felony if the delivery is of one firearm.

10 Any person convicted of unlawful sale or delivery of

11 firearms in violation of paragraph (l) of subsection (A)

12 commits a Class 1 felony if the delivery is of not less

13 than 2 and not more than 5 firearms at the same time or

14 within a one year period. Any person convicted of unlawful

15 sale or delivery of firearms in violation of paragraph (l)

16 of subsection (A) commits a Class X felony for which he or

17 she shall be sentenced to a term of imprisonment of not

18 less than 6 years and not more than 30 years if the

19 delivery is of not less than 6 and not more than 10

20 firearms at the same time or within a 2 year period. Any

21 person convicted of unlawful sale or delivery of firearms

22 in violation of paragraph (l) of subsection (A) commits a

23 Class X felony for which he or she shall be sentenced to a

24 term of imprisonment of not less than 6 years and not more

25 than 40 years if the delivery is of not less than 11 and

26 not more than 20 firearms at the same time or within a 3

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1 year period. Any person convicted of unlawful sale or

2 delivery of firearms in violation of paragraph (l) of

3 subsection (A) commits a Class X felony for which he or she

4 shall be sentenced to a term of imprisonment of not less

5 than 6 years and not more than 50 years if the delivery is

6 of not less than 21 and not more than 30 firearms at the

7 same time or within a 4 year period. Any person convicted

8 of unlawful sale or delivery of firearms in violation of

9 paragraph (l) of subsection (A) commits a Class X felony

10 for which he or she shall be sentenced to a term of

11 imprisonment of not less than 6 years and not more than 60

12 years if the delivery is of 31 or more firearms at the same

13 time or within a 5 year period.

14 (D) For purposes of this Section:

15 "School" means a public or private elementary or secondary

16 school, community college, college, or university.

17 "School related activity" means any sporting, social,

18 academic, or other activity for which students' attendance or

19 participation is sponsored, organized, or funded in whole or in

20 part by a school or school district.

21 (E) ~~A prosecution for a violation of paragraph (k) of~~

22 ~~subsection (A) of this Section may be commenced within 6 years~~

23 ~~after the commission of the offense.~~ A prosecution for a

24 violation of this Section other than paragraph (g) of

25 subsection (A) of this Section may be commenced within 5 years

26 after the commission of the offense defined in the particular

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1 paragraph.

2 (Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,

3 eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)

4 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)

5 Sec. 24-3.1. Unlawful possession of firearms and firearm

6 ammunition.

7 (a) A person commits the offense of unlawful possession of

8 firearms or firearm ammunition when:

9 (1) He is under 18 years of age and has in his

10 possession any firearm of a size which may be concealed

11 upon the person; or

12 (2) He is under 21 years of age, has been convicted of

13 a misdemeanor other than a traffic offense or adjudged

14 delinquent and has any firearms or firearm ammunition in

15 his possession; or

16 (3) He is a narcotic addict and has any firearms or

17 firearm ammunition in his possession; or

18 (4) He has been a patient in a mental institution

19 within the past 5 years and has any firearms or firearm

20 ammunition in his possession. For purposes of this

21 paragraph (4):

22 "Mental institution" means any hospital,

23 institution, clinic, evaluation facility, mental

24 health center, or part thereof, which is used primarily

25 for the care or treatment of persons with mental

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1 illness.

2 "Patient in a mental institution" means the person

3 was admitted, either voluntarily or involuntarily, to

4 a mental institution for mental health treatment,

5 unless the treatment was voluntary and solely for an

6 alcohol abuse disorder and no other secondary

7 substance abuse disorder or mental illness; or

8 (5) He is intellectually disabled and has any firearms

9 or firearm ammunition in his possession; or

10 (6) He has in his possession any explosive bullet.

11 For purposes of this paragraph "explosive bullet" means the

12 projectile portion of an ammunition cartridge which contains or

13 carries an explosive charge which will explode upon contact

14 with the flesh of a human or an animal. "Cartridge" means a

15 tubular metal case having a projectile affixed at the front

16 thereof and a cap or primer at the rear end thereof, with the

17 propellant contained in such tube between the projectile and

18 the cap.

19 (a-5) A person prohibited from possessing a firearm under

20 this Section may petition the Director of State Police for a

21 hearing and relief from the prohibition, unless the prohibition

22 was based upon a forcible felony, stalking, aggravated

23 stalking, domestic battery, any violation of the Illinois

24 Controlled Substances Act, the Methamphetamine Control and

25 Community Protection Act, or the Cannabis Control Act that is

26 classified as a Class 2 or greater felony, any felony violation

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1 of Article 24 of the Criminal Code of 1961 or the Criminal Code

2 of 2012, or any adjudication as a delinquent minor for the

3 commission of an offense that if committed by an adult would be

4 a felony, in which case the person may petition the circuit

5 court in writing in the county of his or her residence for a

6 hearing and relief from the prohibition. The Director or court

7 may grant the relief if it is established by the petitioner to

8 the court's or Director's satisfaction that:

9 (1) when in the circuit court, the State's Attorney has

10 been served with a written copy of the petition at least 30

11 days before any hearing in the circuit court and at the

12 hearing the State's Attorney was afforded an opportunity to

13 present evidence and object to the petition;

14 (2) the petitioner has not been convicted of a forcible

15 felony under the laws of this State or any other

16 jurisdiction within 20 years of the filing of the petition,

17 or at least 20 years have passed since the end of any

18 period of imprisonment imposed in relation to that

19 conviction;

20 (3) the circumstances regarding a criminal conviction,

21 where applicable, the petitioner's criminal history and

22 his reputation are such that the petitioner will not be

23 likely to act in a manner dangerous to public safety;

24 (4) granting relief would not be contrary to the public

25 interest; and

26 (5) granting relief would not be contrary to federal

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1 law.

2 (b) Sentence.

3 Unlawful possession of firearms, other than handguns, and

4 firearm ammunition is a Class A misdemeanor. Unlawful

5 possession of handguns is a Class 4 felony. The possession of

6 each firearm or firearm ammunition in violation of this Section

7 constitutes a single and separate violation.

8 (c) Nothing in paragraph (1) of subsection (a) of this

9 Section prohibits a person under 18 years of age from

10 participating in any lawful recreational activity with a

11 firearm such as, but not limited to, practice shooting at

12 targets upon established public or private target ranges or

13 hunting, trapping, or fishing in accordance with the Wildlife

14 Code or the Fish and Aquatic Life Code.

15 (Source: P.A. 97-227, eff. 1-1-12; 97-1167, eff. 6-1-13.)

16 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)

17 Sec. 24-3.2. Unlawful discharge of firearm projectiles.

18 (a) A person commits the offense of unlawful discharge of

19 firearm projectiles when he or she knowingly or recklessly uses

20 an armor piercing bullet, dragon's breath shotgun shell, bolo

21 shell, or flechette shell in violation of this Section.

22 For purposes of this Section:

23 "Armor piercing bullet" means any handgun bullet or handgun

24 ammunition with projectiles or projectile cores constructed

25 entirely (excluding the presence of traces of other substances)

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1 from tungsten alloys, steel, iron, brass, bronze, beryllium

2 copper or depleted uranium, or fully jacketed bullets larger

3 than 22 caliber whose jacket has a weight of more than 25% of

4 the total weight of the projectile, and excluding those handgun

5 projectiles whose cores are composed of soft materials such as

6 lead or lead alloys, zinc or zinc alloys, frangible projectiles

7 designed primarily for sporting purposes, and any other

8 projectiles or projectile cores that the U. S. Secretary of the

9 Treasury finds to be primarily intended to be used for sporting

10 purposes or industrial purposes or that otherwise does not

11 constitute "armor piercing ammunition" as that term is defined

12 by federal law.

13 "Dragon's breath shotgun shell" means any shotgun shell

14 that contains exothermic pyrophoric mesh metal as the

15 projectile and is designed for the purpose of throwing or

16 spewing a flame or fireball to simulate a flame-thrower.

17 "Bolo shell" means any shell that can be fired in a firearm

18 and expels as projectiles 2 or more metal balls connected by

19 solid metal wire.

20 "Flechette shell" means any shell that can be fired in a

21 firearm and expels 2 or more pieces of fin-stabilized solid

22 metal wire or 2 or more solid dart-type projectiles.

23 (b) A person commits a Class X felony when he or she,

24 knowing that a firearm~~, as defined in Section 1.1 of the~~

25 ~~Firearm Owners Identification Card Act,~~is loaded with an armor

26 piercing bullet, dragon's breath shotgun shell, bolo shell, or

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1 flechette shell, intentionally or recklessly discharges such

2 firearm and such bullet or shell strikes any other person.

3 (c) Any person who possesses, concealed on or about his or

4 her person, an armor piercing bullet, dragon's breath shotgun

5 shell, bolo shell, or flechette shell and a firearm suitable

6 for the discharge thereof is guilty of a Class 2 felony.

7 (d) This Section does not apply to or affect any of the

8 following:

9 (1) Peace officers;

10 (2) Wardens, superintendents and keepers of prisons,

11 penitentiaries, jails and other institutions for the

12 detention of persons accused or convicted of an offense;

13 (3) 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 duties;

16 (4) Federal officials required to carry firearms,

17 while engaged in the performance of their official duties;

18 (5) United States Marshals, while engaged in the

19 performance of their official duties.

20 (Source: P.A. 92-423, eff. 1-1-02.)

21 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)

22 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.

23 (a) It shall be unlawful for any person who holds a license

24 to sell at retail any alcoholic liquor issued by the Illinois

25 Liquor Control Commission or local liquor control commissioner

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1 under the Liquor Control Act of 1934 or an agent or employee of

2 the licensee to sell or deliver to any other person a firearm

3 in or on the real property of the establishment where the

4 licensee is licensed to sell alcoholic liquors unless the sale

5 or delivery of the firearm is otherwise lawful under this

6 Article ~~and under the Firearm Owners Identification Card Act~~.

7 (b) Sentence. A violation of subsection (a) of this Section

8 is a Class 4 felony.

9 (Source: P.A. 87-591.)

10 (720 ILCS 5/24-3.5)

11 Sec. 24-3.5. Unlawful purchase of a firearm.

12 (a) For purposes of this Section, "firearms transaction

13 record form" means a form:

14 (1) executed by a transferee of a firearm stating: (i)

15 the transferee's name and address (including county or

16 similar political subdivision); (ii) whether the

17 transferee is a citizen of the United States; (iii) the

18 transferee's State of residence; and (iv) the date and

19 place of birth, height, weight, and race of the transferee;

20 and

21 (2) on which the transferee certifies that he or she is

22 not prohibited by federal law from transporting or shipping

23 a firearm in interstate or foreign commerce or receiving a

24 firearm that has been shipped or transported in interstate

25 or foreign commerce or possessing a firearm in or affecting

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1 commerce.

2 (b) A person commits the offense of unlawful purchase of a

3 firearm who knowingly purchases or attempts to purchase a

4 firearm with the intent to deliver that firearm to another

5 person who is prohibited by federal or State law from

6 possessing a firearm.

7 (c) A person commits the offense of unlawful purchase of a

8 firearm when he or she, in purchasing or attempting to purchase

9 a firearm, intentionally provides false or misleading

10 information on a United States Department of the Treasury,

11 Bureau of Alcohol, Tobacco and Firearms firearms transaction

12 record form.

13 (d) Exemption. It is not a violation of subsection (b) of

14 this Section for a person to make a gift or loan of a firearm to

15 a person who is not prohibited by federal or State law from

16 possessing a firearm~~if the transfer of the firearm is made in~~

17 ~~accordance with Section 3 of the Firearm Owners Identification~~

18 ~~Card Act~~.

19 (e) Sentence.

20 (1) A person who commits the offense of unlawful

21 purchase of a firearm:

22 (A) is guilty of a Class 2 felony for purchasing or

23 attempting to purchase one firearm;

24 (B) is guilty of a Class 1 felony for purchasing or

25 attempting to purchase not less than 2 firearms and not

26 more than 5 firearms at the same time or within a one

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1 year period;

2 (C) is guilty of a Class X felony for which the

3 offender shall be sentenced to a term of imprisonment

4 of not less than 9 years and not more than 40 years for

5 purchasing or attempting to purchase not less than 6

6 firearms at the same time or within a 2 year period.

7 (2) In addition to any other penalty that may be

8 imposed for a violation of this Section, the court may

9 sentence a person convicted of a violation of subsection

10 (c) of this Section to a fine not to exceed $250,000 for

11 each violation.

12 (f) A prosecution for unlawful purchase of a firearm may be

13 commenced within 6 years after the commission of the offense.

14 (Source: P.A. 95-882, eff. 1-1-09.)

15 (720 ILCS 5/24-4.1)

16 Sec. 24-4.1. Report of lost or stolen firearms.

17 (a) If a person ~~who possesses a valid Firearm Owner's~~

18 ~~Identification Card and~~ who possesses or acquires a firearm

19 thereafter loses the firearm, or if the firearm is stolen from

20 the person, the person must report the loss or theft to the

21 local law enforcement agency within 72 hours after obtaining

22 knowledge of the loss or theft.

23 (b) A law enforcement agency having jurisdiction shall take

24 a written report and shall, as soon as practical, enter the

25 firearm's serial number as stolen into the Law Enforcement

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1 Agencies Data System (LEADS).

2 (c) A person shall not be in violation of this Section if:

3 (1) the failure to report is due to an act of God, act

4 of war, or inability of a law enforcement agency to receive

5 the report;

6 (2) the person is hospitalized, in a coma, or is

7 otherwise seriously physically or mentally impaired as to

8 prevent the person from reporting; or

9 (3) the person's designee makes a report if the person

10 is unable to make the report.

11 (d) Sentence. A person who violates this Section is guilty

12 of a petty offense for a first violation. A second or

13 subsequent violation of this Section is a Class A misdemeanor.

14 (Source: P.A. 98-508, eff. 8-19-13.)

15 (720 ILCS 5/24-4.5 new)

16 Sec. 24-4.5. Dial up system.

17 (a) The Department of State Police shall provide a dial up

18 telephone system or utilize other existing technology which

19 shall be used by any federally licensed firearm dealer, gun

20 show promoter, or gun show vendor who is to transfer a firearm,

21 stun gun, or taser under the provisions of this Code. The

22 Department of State Police may utilize existing technology

23 which allows the caller to be charged a fee not to exceed $2.

24 Fees collected by the Department of State Police shall be

25 deposited in the State Police Services Fund and used to provide

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1 the service.

2 (b) Upon receiving a request from a federally licensed

3 firearm dealer, gun show promoter, or gun show vendor, the

4 Department of State Police shall immediately approve, or within

5 the time period established by Section 24-3 of this Code

6 regarding the delivery of firearms, stun guns, and tasers

7 notify the inquiring dealer, gun show promoter, or gun show

8 vendor of any objection that would disqualify the transferee

9 from acquiring or possessing a firearm, stun gun, or taser. In

10 conducting the inquiry, the Department of State Police shall

11 initiate and complete an automated search of its criminal

12 history record information files and those of the Federal

13 Bureau of Investigation, including the National Instant

14 Criminal Background Check System, and of the files of the

15 Department of Human Services relating to mental health and

16 developmental disabilities to obtain any felony conviction or

17 patient hospitalization information which would disqualify a

18 person from obtaining a firearm.

19 (c) If receipt of a firearm would not violate Section 24-3

20 of this Code or federal law, the Department of State Police

21 shall:

22 (1) assign a unique identification number to the

23 transfer; and

24 (2) provide the licensee, gun show promoter, or gun

25 show vendor with the number.

26 (d) Approvals issued by the Department of State Police for

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1 the purchase of a firearm are valid for 30 days from the date

2 of issue.

3 (e)(1) The Department of State Police must act as the

4 Illinois Point of Contact for the National Instant Criminal

5 Background Check System.

6 (2) The Department of State Police and the Department of

7 Human Services shall, in accordance with State and federal law

8 regarding confidentiality, enter into a memorandum of

9 understanding with the Federal Bureau of Investigation for the

10 purpose of implementing the National Instant Criminal

11 Background Check System in the State. The Department of State

12 Police shall report the name, date of birth, and physical

13 description of any person prohibited from possessing a firearm

14 under this Code or 18 U.S.C. 922(g) and (n) to the National

15 Instant Criminal Background Check System Index, Denied Persons

16 Files.

17 (f) The Department of State Police shall adopt rules not

18 inconsistent with this Section to implement this system.

19 (720 ILCS 5/24-9)

20 Sec. 24-9. Firearms; Child Protection.

21 (a) Except as provided in subsection (c), it is unlawful

22 for any person to store or leave, within premises under his or

23 her control, a firearm if the person knows or has reason to

24 believe that a minor under the age of 14 years~~who does not~~

25 ~~have a Firearm Owners Identification Card~~is likely to gain

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1 access to the firearm without the lawful permission of the

2 person possessing the firearm, minor's parent, guardian, or

3 person having charge of the minor, and the minor causes death

4 or great bodily harm with the firearm, unless the firearm is:

5 (1) secured by a device or mechanism, other than the

6 firearm safety, designed to render a firearm temporarily

7 inoperable; or

8 (2) placed in a securely locked box or container; or

9 (3) placed in some other location that a reasonable

10 person would believe to be secure from a minor under the

11 age of 14 years.

12 (b) Sentence. A person who violates this Section is guilty

13 of a Class C misdemeanor and shall be fined not less than

14 $1,000. A second or subsequent violation of this Section is a

15 Class A misdemeanor.

16 (c) Subsection (a) does not apply:

17 (1) if the minor under 14 years of age gains access to

18 a firearm and uses it in a lawful act of self-defense or

19 defense of another; or

20 (2) to any firearm obtained by a minor under the age of

21 14 because of an unlawful entry of the premises by the

22 minor or another person.

23 (d) (Blank). ~~For the purposes of this Section, "firearm"~~

24 ~~has the meaning ascribed to it in Section 1.1 of the Firearm~~

25 ~~Owners Identification Card Act.~~

26 (Source: P.A. 91-18, eff. 1-1-00.)

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1 Section 85. The Methamphetamine Control and Community

2 Protection Act is amended by changing Section 10 as follows:

3 (720 ILCS 646/10)

4 Sec. 10. Definitions. As used in this Act:

5 "Anhydrous ammonia" has the meaning provided in subsection

6 (d) of Section 3 of the Illinois Fertilizer Act of 1961.

7 "Anhydrous ammonia equipment" means all items used to

8 store, hold, contain, handle, transfer, transport, or apply

9 anhydrous ammonia for lawful purposes.

10 "Booby trap" means any device designed to cause physical

11 injury when triggered by an act of a person approaching,

12 entering, or moving through a structure, a vehicle, or any

13 location where methamphetamine has been manufactured, is being

14 manufactured, or is intended to be manufactured.

15 "Deliver" or "delivery" has the meaning provided in

16 subsection (h) of Section 102 of the Illinois Controlled

17 Substances Act.

18 "Director" means the Director of State Police or the

19 Director's designated agents.

20 "Dispose" or "disposal" means to abandon, discharge,

21 release, deposit, inject, dump, spill, leak, or place

22 methamphetamine waste onto or into any land, water, or well of

23 any type so that the waste has the potential to enter the

24 environment, be emitted into the air, or be discharged into the

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1 soil or any waters, including groundwater.

2 "Emergency response" means the act of collecting evidence

3 from or securing a methamphetamine laboratory site,

4 methamphetamine waste site or other methamphetamine-related

5 site and cleaning up the site, whether these actions are

6 performed by public entities or private contractors paid by

7 public entities.

8 "Emergency service provider" means a local, State, or

9 federal peace officer, firefighter, emergency medical

10 technician-ambulance, emergency medical

11 technician-intermediate, emergency medical

12 technician-paramedic, ambulance driver, or other medical or

13 first aid personnel rendering aid, or any agent or designee of

14 the foregoing.

15 "Finished methamphetamine" means methamphetamine in a form

16 commonly used for personal consumption.

17 "Firearm" has the meaning provided in Section 2-7.5 of the

18 Criminal Code of 2012 ~~1.1 of the Firearm Owners Identification~~

19 ~~Card Act~~.

20 "Manufacture" means to produce, prepare, compound,

21 convert, process, synthesize, concentrate, purify, separate,

22 extract, or package any methamphetamine, methamphetamine

23 precursor, methamphetamine manufacturing catalyst,

24 methamphetamine manufacturing reagent, methamphetamine

25 manufacturing solvent, or any substance containing any of the

26 foregoing.

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1 "Methamphetamine" means the chemical methamphetamine (a

2 Schedule II controlled substance under the Illinois Controlled

3 Substances Act) or any salt, optical isomer, salt of optical

4 isomer, or analog thereof, with the exception of

5 3,4-Methylenedioxymethamphetamine (MDMA) or any other

6 scheduled substance with a separate listing under the Illinois

7 Controlled Substances Act.

8 "Methamphetamine manufacturing catalyst" means any

9 substance that has been used, is being used, or is intended to

10 be used to activate, accelerate, extend, or improve a chemical

11 reaction involved in the manufacture of methamphetamine.

12 "Methamphetamine manufacturing environment" means a

13 structure or vehicle in which:

14 (1) methamphetamine is being or has been manufactured;

15 (2) chemicals that are being used, have been used, or

16 are intended to be used to manufacture methamphetamine are

17 stored;

18 (3) methamphetamine manufacturing materials that have

19 been used to manufacture methamphetamine are stored; or

20 (4) methamphetamine manufacturing waste is stored.

21 "Methamphetamine manufacturing material" means any

22 methamphetamine precursor, substance containing any

23 methamphetamine precursor, methamphetamine manufacturing

24 catalyst, substance containing any methamphetamine

25 manufacturing catalyst, methamphetamine manufacturing reagent,

26 substance containing any methamphetamine manufacturing

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1 reagent, methamphetamine manufacturing solvent, substance

2 containing any methamphetamine manufacturing solvent, or any

3 other chemical, substance, ingredient, equipment, apparatus,

4 or item that is being used, has been used, or is intended to be

5 used in the manufacture of methamphetamine.

6 "Methamphetamine manufacturing reagent" means any

7 substance other than a methamphetamine manufacturing catalyst

8 that has been used, is being used, or is intended to be used to

9 react with and chemically alter any methamphetamine precursor.

10 "Methamphetamine manufacturing solvent" means any

11 substance that has been used, is being used, or is intended to

12 be used as a medium in which any methamphetamine precursor,

13 methamphetamine manufacturing catalyst, methamphetamine

14 manufacturing reagent, or any substance containing any of the

15 foregoing is dissolved, diluted, or washed during any part of

16 the methamphetamine manufacturing process.

17 "Methamphetamine manufacturing waste" means any chemical,

18 substance, ingredient, equipment, apparatus, or item that is

19 left over from, results from, or is produced by the process of

20 manufacturing methamphetamine, other than finished

21 methamphetamine.

22 "Methamphetamine precursor" means ephedrine,

23 pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,

24 phenylacetone, phenyl-2-propanone, P2P, or any salt, optical

25 isomer, or salt of an optical isomer of any of these chemicals.

26 "Multi-unit dwelling" means a unified structure used or

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1 intended for use as a habitation, home, or residence that

2 contains 2 or more condominiums, apartments, hotel rooms, motel

3 rooms, or other living units.

4 "Package" means an item marked for retail sale that is not

5 designed to be further broken down or subdivided for the

6 purpose of retail sale.

7 "Participate" or "participation" in the manufacture of

8 methamphetamine means to produce, prepare, compound, convert,

9 process, synthesize, concentrate, purify, separate, extract,

10 or package any methamphetamine, methamphetamine precursor,

11 methamphetamine manufacturing catalyst, methamphetamine

12 manufacturing reagent, methamphetamine manufacturing solvent,

13 or any substance containing any of the foregoing, or to assist

14 in any of these actions, or to attempt to take any of these

15 actions, regardless of whether this action or these actions

16 result in the production of finished methamphetamine.

17 "Person with a disability" means a person who suffers from

18 a permanent physical or mental impairment resulting from

19 disease, injury, functional disorder, or congenital condition

20 which renders the person incapable of adequately providing for

21 his or her own health and personal care.

22 "Procure" means to purchase, steal, gather, or otherwise

23 obtain, by legal or illegal means, or to cause another to take

24 such action.

25 "Second or subsequent offense" means an offense under this

26 Act committed by an offender who previously committed an

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1 offense under this Act, the Illinois Controlled Substances Act,

2 the Cannabis Control Act, or another Act of this State, another

3 state, or the United States relating to methamphetamine,

4 cannabis, or any other controlled substance.

5 "Standard dosage form", as used in relation to any

6 methamphetamine precursor, means that the methamphetamine

7 precursor is contained in a pill, tablet, capsule, caplet, gel

8 cap, or liquid cap that has been manufactured by a lawful

9 entity and contains a standard quantity of methamphetamine

10 precursor.

11 "Unauthorized container", as used in relation to anhydrous

12 ammonia, means any container that is not designed for the

13 specific and sole purpose of holding, storing, transporting, or

14 applying anhydrous ammonia. "Unauthorized container" includes,

15 but is not limited to, any propane tank, fire extinguisher,

16 oxygen cylinder, gasoline can, food or beverage cooler, or

17 compressed gas cylinder used in dispensing fountain drinks.

18 "Unauthorized container" does not encompass anhydrous ammonia

19 manufacturing plants, refrigeration systems where anhydrous

20 ammonia is used solely as a refrigerant, anhydrous ammonia

21 transportation pipelines, anhydrous ammonia tankers, or

22 anhydrous ammonia barges.

23 (Source: P.A. 97-434, eff. 1-1-12.)

24 Section 90. The Code of Criminal Procedure of 1963 is

25 amended by changing Sections 110-10, 112A-11.1, 112A-11.2, and

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1 112A-14 as follows:

2 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)

3 Sec. 110-10. Conditions of bail bond.

4 (a) If a person is released prior to conviction, either

5 upon payment of bail security or on his or her own

6 recognizance, the conditions of the bail bond shall be that he

7 or she will:

8 (1) Appear to answer the charge in the court having

9 jurisdiction on a day certain and thereafter as ordered by

10 the court until discharged or final order of the court;

11 (2) Submit himself or herself to the orders and process

12 of the court;

13 (3) Not depart this State without leave of the court;

14 (4) Not violate any criminal statute of any

15 jurisdiction;

16 (5) At a time and place designated by the court,

17 surrender all firearms in his or her possession to a law

18 enforcement officer designated by the court to take custody

19 of and impound the firearms~~and physically surrender his or~~

20 ~~her Firearm Owner's Identification Card to the clerk of the~~

21 ~~circuit court~~when the offense the person has been charged

22 with is a forcible felony, stalking, aggravated stalking,

23 domestic battery, any violation of the Illinois Controlled

24 Substances Act, the Methamphetamine Control and Community

25 Protection Act, or the Cannabis Control Act that is

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1 classified as a Class 2 or greater felony, or any felony

2 violation of Article 24 of the Criminal Code of 1961 or the

3 Criminal Code of 2012; the court may, however, forgo the

4 imposition of this condition when the circumstances of the

5 case clearly do not warrant it or when its imposition would

6 be impractical;~~if the Firearm Owner's Identification Card~~

7 ~~is confiscated, the clerk of the circuit court shall mail~~

8 ~~the confiscated card to the Illinois State Police;~~ all

9 legally possessed firearms shall be returned to the person

10 upon the charges being dismissed, or if the person is found

11 not guilty, unless the finding of not guilty is by reason

12 of insanity; and

13 (6) At a time and place designated by the court, submit

14 to a psychological evaluation when the person has been

15 charged with a violation of item (4) of subsection (a) of

16 Section 24-1 of the Criminal Code of 1961 or the Criminal

17 Code of 2012 and that violation occurred in a school or in

18 any conveyance owned, leased, or contracted by a school to

19 transport students to or from school or a school-related

20 activity, or on any public way within 1,000 feet of real

21 property comprising any school.

22 Psychological evaluations ordered pursuant to this Section

23 shall be completed promptly and made available to the State,

24 the defendant, and the court. As a further condition of bail

25 under these circumstances, the court shall order the defendant

26 to refrain from entering upon the property of the school,

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1 including any conveyance owned, leased, or contracted by a

2 school to transport students to or from school or a

3 school-related activity, or on any public way within 1,000 feet

4 of real property comprising any school. Upon receipt of the

5 psychological evaluation, either the State or the defendant may

6 request a change in the conditions of bail, pursuant to Section

7 110-6 of this Code. The court may change the conditions of bail

8 to include a requirement that the defendant follow the

9 recommendations of the psychological evaluation, including

10 undergoing psychiatric treatment. The conclusions of the

11 psychological evaluation and any statements elicited from the

12 defendant during its administration are not admissible as

13 evidence of guilt during the course of any trial on the charged

14 offense, unless the defendant places his or her mental

15 competency in issue.

16 (b) The court may impose other conditions, such as the

17 following, if the court finds that such conditions are

18 reasonably necessary to assure the defendant's appearance in

19 court, protect the public from the defendant, or prevent the

20 defendant's unlawful interference with the orderly

21 administration of justice:

22 (1) Report to or appear in person before such person or

23 agency as the court may direct;

24 (2) Refrain from possessing a firearm or other

25 dangerous weapon;

26 (3) Refrain from approaching or communicating with

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1 particular persons or classes of persons;

2 (4) Refrain from going to certain described

3 geographical areas or premises;

4 (5) Refrain from engaging in certain activities or

5 indulging in intoxicating liquors or in certain drugs;

6 (6) Undergo treatment for drug addiction or

7 alcoholism;

8 (7) Undergo medical or psychiatric treatment;

9 (8) Work or pursue a course of study or vocational

10 training;

11 (9) Attend or reside in a facility designated by the

12 court;

13 (10) Support his or her dependents;

14 (11) If a minor resides with his or her parents or in a

15 foster home, attend school, attend a non-residential

16 program for youths, and contribute to his or her own

17 support at home or in a foster home;

18 (12) Observe any curfew ordered by the court;

19 (13) Remain in the custody of such designated person or

20 organization agreeing to supervise his release. Such third

21 party custodian shall be responsible for notifying the

22 court if the defendant fails to observe the conditions of

23 release which the custodian has agreed to monitor, and

24 shall be subject to contempt of court for failure so to

25 notify the court;

26 (14) Be placed under direct supervision of the Pretrial

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1 Services Agency, Probation Department or Court Services

2 Department in a pretrial bond home supervision capacity

3 with or without the use of an approved electronic

4 monitoring device subject to Article 8A of Chapter V of the

5 Unified Code of Corrections;

6 (14.1) The court shall impose upon a defendant who is

7 charged with any alcohol, cannabis, methamphetamine, or

8 controlled substance violation and is placed under direct

9 supervision of the Pretrial Services Agency, Probation

10 Department or Court Services Department in a pretrial bond

11 home supervision capacity with the use of an approved

12 monitoring device, as a condition of such bail bond, a fee

13 that represents costs incidental to the electronic

14 monitoring for each day of such bail supervision ordered by

15 the court, unless after determining the inability of the

16 defendant to pay the fee, the court assesses a lesser fee

17 or no fee as the case may be. The fee shall be collected by

18 the clerk of the circuit court. The clerk of the circuit

19 court shall pay all monies collected from this fee to the

20 county treasurer for deposit in the substance abuse

21 services fund under Section 5-1086.1 of the Counties Code;

22 (14.2) The court shall impose upon all defendants,

23 including those defendants subject to paragraph (14.1)

24 above, placed under direct supervision of the Pretrial

25 Services Agency, Probation Department or Court Services

26 Department in a pretrial bond home supervision capacity

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1 with the use of an approved monitoring device, as a

2 condition of such bail bond, a fee which shall represent

3 costs incidental to such electronic monitoring for each day

4 of such bail supervision ordered by the court, unless after

5 determining the inability of the defendant to pay the fee,

6 the court assesses a lesser fee or no fee as the case may

7 be. The fee shall be collected by the clerk of the circuit

8 court. The clerk of the circuit court shall pay all monies

9 collected from this fee to the county treasurer who shall

10 use the monies collected to defray the costs of

11 corrections. The county treasurer shall deposit the fee

12 collected in the county working cash fund under Section

13 6-27001 or Section 6-29002 of the Counties Code, as the

14 case may be;

15 (14.3) The Chief Judge of the Judicial Circuit may

16 establish reasonable fees to be paid by a person receiving

17 pretrial services while under supervision of a pretrial

18 services agency, probation department, or court services

19 department. Reasonable fees may be charged for pretrial

20 services including, but not limited to, pretrial

21 supervision, diversion programs, electronic monitoring,

22 victim impact services, drug and alcohol testing, DNA

23 testing, GPS electronic monitoring, assessments and

24 evaluations related to domestic violence and other

25 victims, and victim mediation services. The person

26 receiving pretrial services may be ordered to pay all costs

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1 incidental to pretrial services in accordance with his or

2 her ability to pay those costs;

3 (14.4) For persons charged with violating Section

4 11-501 of the Illinois Vehicle Code, refrain from operating

5 a motor vehicle not equipped with an ignition interlock

6 device, as defined in Section 1-129.1 of the Illinois

7 Vehicle Code, pursuant to the rules promulgated by the

8 Secretary of State for the installation of ignition

9 interlock devices. Under this condition the court may allow

10 a defendant who is not self-employed to operate a vehicle

11 owned by the defendant's employer that is not equipped with

12 an ignition interlock device in the course and scope of the

13 defendant's employment;

14 (15) Comply with the terms and conditions of an order

15 of protection issued by the court under the Illinois

16 Domestic Violence Act of 1986 or an order of protection

17 issued by the court of another state, tribe, or United

18 States territory;

19 (16) Under Section 110-6.5 comply with the conditions

20 of the drug testing program; and

21 (17) Such other reasonable conditions as the court may

22 impose.

23 (c) When a person is charged with an offense under Section

24 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

25 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

26 Criminal Code of 2012, involving a victim who is a minor under

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1 18 years of age living in the same household with the defendant

2 at the time of the offense, in granting bail or releasing the

3 defendant on his own recognizance, the judge shall impose

4 conditions to restrict the defendant's access to the victim

5 which may include, but are not limited to conditions that he

6 will:

7 1. Vacate the Household.

8 2. Make payment of temporary support to his dependents.

9 3. Refrain from contact or communication with the child

10 victim, except as ordered by the court.

11 (d) When a person is charged with a criminal offense and

12 the victim is a family or household member as defined in

13 Article 112A, conditions shall be imposed at the time of the

14 defendant's release on bond that restrict the defendant's

15 access to the victim. Unless provided otherwise by the court,

16 the restrictions shall include requirements that the defendant

17 do the following:

18 (1) refrain from contact or communication with the

19 victim for a minimum period of 72 hours following the

20 defendant's release; and

21 (2) refrain from entering or remaining at the victim's

22 residence for a minimum period of 72 hours following the

23 defendant's release.

24 (e) Local law enforcement agencies shall develop

25 standardized bond forms for use in cases involving family or

26 household members as defined in Article 112A, including

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1 specific conditions of bond as provided in subsection (d).

2 Failure of any law enforcement department to develop or use

3 those forms shall in no way limit the applicability and

4 enforcement of subsections (d) and (f).

5 (f) If the defendant is admitted to bail after conviction

6 the conditions of the bail bond shall be that he will, in

7 addition to the conditions set forth in subsections (a) and (b)

8 hereof:

9 (1) Duly prosecute his appeal;

10 (2) Appear at such time and place as the court may

11 direct;

12 (3) Not depart this State without leave of the court;

13 (4) Comply with such other reasonable conditions as the

14 court may impose; and

15 (5) If the judgment is affirmed or the cause reversed

16 and remanded for a new trial, forthwith surrender to the

17 officer from whose custody he was bailed.

18 (g) Upon a finding of guilty for any felony offense, the

19 defendant shall physically surrender, at a time and place

20 designated by the court, any and all firearms in his or her

21 possession ~~and his or her Firearm Owner's Identification Card~~

22 as a condition of remaining on bond pending sentencing.

23 (Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11;

24 97-401, eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff.

25 1-25-13.)

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1 (725 ILCS 5/112A-11.1)

2 Sec. 112A-11.1. Procedure for determining whether certain

3 misdemeanor crimes are crimes of domestic violence for purposes

4 of federal law.

5 (a) When a defendant has been charged with a violation of

6 Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the

7 Criminal Code of 1961 or the Criminal Code of 2012, the State

8 may, at arraignment or no later than 45 days after arraignment,

9 for the purpose of notification to the Department of State

10 Police ~~Firearm Owner's Identification Card Office~~, serve on the

11 defendant and file with the court a notice alleging that

12 conviction of the offense would subject the defendant to the

13 prohibitions of 18 U.S.C. 922(g)(9) because of the relationship

14 between the defendant and the alleged victim and the nature of

15 the alleged offense.

16 (b) The notice shall include the name of the person alleged

17 to be the victim of the crime and shall specify the nature of

18 the alleged relationship as set forth in 18 U.S.C.

19 921(a)(33)(A)(ii). It shall also specify the element of the

20 charged offense which requires the use or attempted use of

21 physical force, or the threatened use of a deadly weapon, as

22 set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include

23 notice that the defendant is entitled to a hearing on the

24 allegation contained in the notice and that if the allegation

25 is sustained, that determination and conviction shall be

26 reported to the Department of State Police ~~Firearm Owner's~~

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1 ~~Identification Card Office~~.

2 (c) After having been notified as provided in subsection

3 (b) of this Section, the defendant may stipulate or admit,

4 orally on the record or in writing, that conviction of the

5 offense would subject the defendant to the prohibitions of 18

6 U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.

7 922(g)(9) shall be deemed established for purposes of Section

8 112A-11.2. If the defendant denies the applicability of 18

9 U.S.C. 922(g)(9) as alleged in the notice served by the State,

10 or stands mute with respect to that allegation, then the State

11 shall bear the burden to prove beyond a reasonable doubt that

12 the offense is one to which the prohibitions of 18 U.S.C.

13 922(g)(9) apply. The court may consider reliable hearsay

14 evidence submitted by either party provided that it is relevant

15 to the determination of the allegation. Facts previously proven

16 at trial or elicited at the time of entry of a plea of guilty

17 shall be deemed established beyond a reasonable doubt and shall

18 not be relitigated. At the conclusion of the hearing, or upon a

19 stipulation or admission, as applicable, the court shall make a

20 specific written determination with respect to the allegation.

21 (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

22 (725 ILCS 5/112A-11.2)

23 Sec. 112A-11.2. Notification to the Department of State

24 Police ~~Firearm Owner's Identification Card Office~~of

25 determinations in certain misdemeanor cases. Upon judgment of

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1 conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,

2 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal

3 Code of 2012 when the defendant has been determined, under

4 Section 112A-11.1, to be subject to the prohibitions of 18

5 U.S.C. 922(g)(9), the circuit court clerk shall include

6 notification and a copy of the written determination in a

7 report of the conviction to the Department of State Police

8 ~~Firearm Owner's Identification Card Office~~ to enable the office

9 to report that determination to the Federal Bureau of

10 Investigation and assist the Bureau in identifying persons

11 prohibited from purchasing and possessing a firearm pursuant to

12 the provisions of 18 U.S.C. 922.

13 (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

14 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)

15 Sec. 112A-14. Order of protection; remedies.

16 (a) Issuance of order. If the court finds that petitioner

17 has been abused by a family or household member, as defined in

18 this Article, an order of protection prohibiting such abuse

19 shall issue; provided that petitioner must also satisfy the

20 requirements of one of the following Sections, as appropriate:

21 Section 112A-17 on emergency orders, Section 112A-18 on interim

22 orders, or Section 112A-19 on plenary orders. Petitioner shall

23 not be denied an order of protection because petitioner or

24 respondent is a minor. The court, when determining whether or

25 not to issue an order of protection, shall not require physical

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1 manifestations of abuse on the person of the victim.

2 Modification and extension of prior orders of protection shall

3 be in accordance with this Article.

4 (b) Remedies and standards. The remedies to be included in

5 an order of protection shall be determined in accordance with

6 this Section and one of the following Sections, as appropriate:

7 Section 112A-17 on emergency orders, Section 112A-18 on interim

8 orders, and Section 112A-19 on plenary orders. The remedies

9 listed in this subsection shall be in addition to other civil

10 or criminal remedies available to petitioner.

11 (1) Prohibition of abuse. Prohibit respondent's

12 harassment, interference with personal liberty,

13 intimidation of a dependent, physical abuse or willful

14 deprivation, as defined in this Article, if such abuse has

15 occurred or otherwise appears likely to occur if not

16 prohibited.

17 (2) Grant of exclusive possession of residence.

18 Prohibit respondent from entering or remaining in any

19 residence, household, or premises of the petitioner,

20 including one owned or leased by respondent, if petitioner

21 has a right to occupancy thereof. The grant of exclusive

22 possession of the residence, household, or premises shall

23 not affect title to real property, nor shall the court be

24 limited by the standard set forth in Section 701 of the

25 Illinois Marriage and Dissolution of Marriage Act.

26 (A) Right to occupancy. A party has a right to

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1 occupancy of a residence or household if it is solely

2 or jointly owned or leased by that party, that party's

3 spouse, a person with a legal duty to support that

4 party or a minor child in that party's care, or by any

5 person or entity other than the opposing party that

6 authorizes that party's occupancy (e.g., a domestic

7 violence shelter). Standards set forth in subparagraph

8 (B) shall not preclude equitable relief.

9 (B) Presumption of hardships. If petitioner and

10 respondent each has the right to occupancy of a

11 residence or household, the court shall balance (i) the

12 hardships to respondent and any minor child or

13 dependent adult in respondent's care resulting from

14 entry of this remedy with (ii) the hardships to

15 petitioner and any minor child or dependent adult in

16 petitioner's care resulting from continued exposure to

17 the risk of abuse (should petitioner remain at the

18 residence or household) or from loss of possession of

19 the residence or household (should petitioner leave to

20 avoid the risk of abuse). When determining the balance

21 of hardships, the court shall also take into account

22 the accessibility of the residence or household.

23 Hardships need not be balanced if respondent does not

24 have a right to occupancy.

25 The balance of hardships is presumed to favor

26 possession by petitioner unless the presumption is

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1 rebutted by a preponderance of the evidence, showing

2 that the hardships to respondent substantially

3 outweigh the hardships to petitioner and any minor

4 child or dependent adult in petitioner's care. The

5 court, on the request of petitioner or on its own

6 motion, may order respondent to provide suitable,

7 accessible, alternate housing for petitioner instead

8 of excluding respondent from a mutual residence or

9 household.

10 (3) Stay away order and additional prohibitions. Order

11 respondent to stay away from petitioner or any other person

12 protected by the order of protection, or prohibit

13 respondent from entering or remaining present at

14 petitioner's school, place of employment, or other

15 specified places at times when petitioner is present, or

16 both, if reasonable, given the balance of hardships.

17 Hardships need not be balanced for the court to enter a

18 stay away order or prohibit entry if respondent has no

19 right to enter the premises.

20 If an order of protection grants petitioner exclusive

21 possession of the residence, or prohibits respondent from

22 entering the residence, or orders respondent to stay away

23 from petitioner or other protected persons, then the court

24 may allow respondent access to the residence to remove

25 items of clothing and personal adornment used exclusively

26 by respondent, medications, and other items as the court

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1 directs. The right to access shall be exercised on only one

2 occasion as the court directs and in the presence of an

3 agreed-upon adult third party or law enforcement officer.

4 (4) Counseling. Require or recommend the respondent to

5 undergo counseling for a specified duration with a social

6 worker, psychologist, clinical psychologist, psychiatrist,

7 family service agency, alcohol or substance abuse program,

8 mental health center guidance counselor, agency providing

9 services to elders, program designed for domestic violence

10 abusers or any other guidance service the court deems

11 appropriate. The court may order the respondent in any

12 intimate partner relationship to report to an Illinois

13 Department of Human Services protocol approved partner

14 abuse intervention program for an assessment and to follow

15 all recommended treatment.

16 (5) Physical care and possession of the minor child. In

17 order to protect the minor child from abuse, neglect, or

18 unwarranted separation from the person who has been the

19 minor child's primary caretaker, or to otherwise protect

20 the well-being of the minor child, the court may do either

21 or both of the following: (i) grant petitioner physical

22 care or possession of the minor child, or both, or (ii)

23 order respondent to return a minor child to, or not remove

24 a minor child from, the physical care of a parent or person

25 in loco parentis.

26 If a court finds, after a hearing, that respondent has

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1 committed abuse (as defined in Section 112A-3) of a minor

2 child, there shall be a rebuttable presumption that

3 awarding physical care to respondent would not be in the

4 minor child's best interest.

5 (6) Temporary legal custody. Award temporary legal

6 custody to petitioner in accordance with this Section, the

7 Illinois Marriage and Dissolution of Marriage Act, the

8 Illinois Parentage Act of 1984, and this State's Uniform

9 Child-Custody Jurisdiction and Enforcement Act.

10 If a court finds, after a hearing, that respondent has

11 committed abuse (as defined in Section 112A-3) of a minor

12 child, there shall be a rebuttable presumption that

13 awarding temporary legal custody to respondent would not be

14 in the child's best interest.

15 (7) Visitation. Determine the visitation rights, if

16 any, of respondent in any case in which the court awards

17 physical care or temporary legal custody of a minor child

18 to petitioner. The court shall restrict or deny

19 respondent's visitation with a minor child if the court

20 finds that respondent has done or is likely to do any of

21 the following: (i) abuse or endanger the minor child during

22 visitation; (ii) use the visitation as an opportunity to

23 abuse or harass petitioner or petitioner's family or

24 household members; (iii) improperly conceal or detain the

25 minor child; or (iv) otherwise act in a manner that is not

26 in the best interests of the minor child. The court shall

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1 not be limited by the standards set forth in Section 607.1

2 of the Illinois Marriage and Dissolution of Marriage Act.

3 If the court grants visitation, the order shall specify

4 dates and times for the visitation to take place or other

5 specific parameters or conditions that are appropriate. No

6 order for visitation shall refer merely to the term

7 "reasonable visitation".

8 Petitioner may deny respondent access to the minor

9 child if, when respondent arrives for visitation,

10 respondent is under the influence of drugs or alcohol and

11 constitutes a threat to the safety and well-being of

12 petitioner or petitioner's minor children or is behaving in

13 a violent or abusive manner.

14 If necessary to protect any member of petitioner's

15 family or household from future abuse, respondent shall be

16 prohibited from coming to petitioner's residence to meet

17 the minor child for visitation, and the parties shall

18 submit to the court their recommendations for reasonable

19 alternative arrangements for visitation. A person may be

20 approved to supervise visitation only after filing an

21 affidavit accepting that responsibility and acknowledging

22 accountability to the court.

23 (8) Removal or concealment of minor child. Prohibit

24 respondent from removing a minor child from the State or

25 concealing the child within the State.

26 (9) Order to appear. Order the respondent to appear in

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1 court, alone or with a minor child, to prevent abuse,

2 neglect, removal or concealment of the child, to return the

3 child to the custody or care of the petitioner or to permit

4 any court-ordered interview or examination of the child or

5 the respondent.

6 (10) Possession of personal property. Grant petitioner

7 exclusive possession of personal property and, if

8 respondent has possession or control, direct respondent to

9 promptly make it available to petitioner, if:

10 (i) petitioner, but not respondent, owns the

11 property; or

12 (ii) the parties own the property jointly; sharing

13 it would risk abuse of petitioner by respondent or is

14 impracticable; and the balance of hardships favors

15 temporary possession by petitioner.

16 If petitioner's sole claim to ownership of the property

17 is that it is marital property, the court may award

18 petitioner temporary possession thereof under the

19 standards of subparagraph (ii) of this paragraph only if a

20 proper proceeding has been filed under the Illinois

21 Marriage and Dissolution of Marriage Act, as now or

22 hereafter amended.

23 No order under this provision shall affect title to

24 property.

25 (11) Protection of property. Forbid the respondent

26 from taking, transferring, encumbering, concealing,

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1 damaging or otherwise disposing of any real or personal

2 property, except as explicitly authorized by the court, if:

3 (i) petitioner, but not respondent, owns the

4 property; or

5 (ii) the parties own the property jointly, and the

6 balance of hardships favors granting this remedy.

7 If petitioner's sole claim to ownership of the property

8 is that it is marital property, the court may grant

9 petitioner relief under subparagraph (ii) of this

10 paragraph only if a proper proceeding has been filed under

11 the Illinois Marriage and Dissolution of Marriage Act, as

12 now or hereafter amended.

13 The court may further prohibit respondent from

14 improperly using the financial or other resources of an

15 aged member of the family or household for the profit or

16 advantage of respondent or of any other person.

17 (11.5) Protection of animals. Grant the petitioner the

18 exclusive care, custody, or control of any animal owned,

19 possessed, leased, kept, or held by either the petitioner

20 or the respondent or a minor child residing in the

21 residence or household of either the petitioner or the

22 respondent and order the respondent to stay away from the

23 animal and forbid the respondent from taking,

24 transferring, encumbering, concealing, harming, or

25 otherwise disposing of the animal.

26 (12) Order for payment of support. Order respondent to

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1 pay temporary support for the petitioner or any child in

2 the petitioner's care or custody, when the respondent has a

3 legal obligation to support that person, in accordance with

4 the Illinois Marriage and Dissolution of Marriage Act,

5 which shall govern, among other matters, the amount of

6 support, payment through the clerk and withholding of

7 income to secure payment. An order for child support may be

8 granted to a petitioner with lawful physical care or

9 custody of a child, or an order or agreement for physical

10 care or custody, prior to entry of an order for legal

11 custody. Such a support order shall expire upon entry of a

12 valid order granting legal custody to another, unless

13 otherwise provided in the custody order.

14 (13) Order for payment of losses. Order respondent to

15 pay petitioner for losses suffered as a direct result of

16 the abuse. Such losses shall include, but not be limited

17 to, medical expenses, lost earnings or other support,

18 repair or replacement of property damaged or taken,

19 reasonable attorney's fees, court costs and moving or other

20 travel expenses, including additional reasonable expenses

21 for temporary shelter and restaurant meals.

22 (i) Losses affecting family needs. If a party is

23 entitled to seek maintenance, child support or

24 property distribution from the other party under the

25 Illinois Marriage and Dissolution of Marriage Act, as

26 now or hereafter amended, the court may order

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1 respondent to reimburse petitioner's actual losses, to

2 the extent that such reimbursement would be

3 "appropriate temporary relief", as authorized by

4 subsection (a)(3) of Section 501 of that Act.

5 (ii) Recovery of expenses. In the case of an

6 improper concealment or removal of a minor child, the

7 court may order respondent to pay the reasonable

8 expenses incurred or to be incurred in the search for

9 and recovery of the minor child, including but not

10 limited to legal fees, court costs, private

11 investigator fees, and travel costs.

12 (14) Prohibition of entry. Prohibit the respondent

13 from entering or remaining in the residence or household

14 while the respondent is under the influence of alcohol or

15 drugs and constitutes a threat to the safety and well-being

16 of the petitioner or the petitioner's children.

17 (14.5) Prohibition of firearm possession.

18 (A) A person who is subject to an existing order of

19 protection, interim order of protection, emergency

20 order of protection, or plenary order of protection,

21 issued under this Code may not lawfully possess

22 firearms, stun guns, or tasers ~~weapons under Section~~

23 ~~8.2 of the Firearm Owners Identification Card Act~~.

24 (B) Any firearms in the possession of the

25 respondent, except as provided in subparagraph (C) of

26 this paragraph (14.5), shall be ordered by the court to

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1 be turned over to a personwho is not prohibited under

2 State or federal law from possessing firearms ~~with a~~

3 ~~valid Firearm Owner's Identification Card~~ for

4 safekeeping. ~~The court shall issue an order that the~~

5 ~~respondent's Firearm Owner's Identification Card be~~

6 ~~turned over to the local law enforcement agency, which~~

7 ~~in turn shall immediately mail the card to the~~

8 ~~Department of State Police Firearm Owner's~~

9 ~~Identification Card Office for safekeeping.~~The period

10 of safekeeping shall be for the duration of the order

11 of protection. The firearm or firearms ~~and Firearm~~

12 ~~Owner's Identification Card, if unexpired,~~ shall at

13 the respondent's request be returned to the respondent

14 at expiration of the order of protection.

15 (C) If the respondent is a peace officer as defined

16 in Section 2-13 of the Criminal Code of 2012, the court

17 shall order that any firearms used by the respondent in

18 the performance of his or her duties as a peace officer

19 be surrendered to the chief law enforcement executive

20 of the agency in which the respondent is employed, who

21 shall retain the firearms for safekeeping for the

22 duration of the order of protection.

23 (D) Upon expiration of the period of safekeeping,

24 if the firearms ~~or Firearm Owner's Identification Card~~

25 cannot be returned to respondent because respondent

26 cannot be located, fails to respond to requests to

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1 retrieve the firearms, or is not lawfully eligible to

2 possess a firearm, upon petition from the local law

3 enforcement agency, the court may order the local law

4 enforcement agency to destroy the firearms, use the

5 firearms for training purposes, or for any other

6 application as deemed appropriate by the local law

7 enforcement agency; or that the firearms be turned over

8 to a third party who is lawfully eligible to possess

9 firearms, and who does not reside with respondent.

10 (15) Prohibition of access to records. If an order of

11 protection prohibits respondent from having contact with

12 the minor child, or if petitioner's address is omitted

13 under subsection (b) of Section 112A-5, or if necessary to

14 prevent abuse or wrongful removal or concealment of a minor

15 child, the order shall deny respondent access to, and

16 prohibit respondent from inspecting, obtaining, or

17 attempting to inspect or obtain, school or any other

18 records of the minor child who is in the care of

19 petitioner.

20 (16) Order for payment of shelter services. Order

21 respondent to reimburse a shelter providing temporary

22 housing and counseling services to the petitioner for the

23 cost of the services, as certified by the shelter and

24 deemed reasonable by the court.

25 (17) Order for injunctive relief. Enter injunctive

26 relief necessary or appropriate to prevent further abuse of

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1 a family or household member or to effectuate one of the

2 granted remedies, if supported by the balance of hardships.

3 If the harm to be prevented by the injunction is abuse or

4 any other harm that one of the remedies listed in

5 paragraphs (1) through (16) of this subsection is designed

6 to prevent, no further evidence is necessary to establish

7 that the harm is an irreparable injury.

8 (c) Relevant factors; findings.

9 (1) In determining whether to grant a specific remedy,

10 other than payment of support, the court shall consider

11 relevant factors, including but not limited to the

12 following:

13 (i) the nature, frequency, severity, pattern and

14 consequences of the respondent's past abuse of the

15 petitioner or any family or household member,

16 including the concealment of his or her location in

17 order to evade service of process or notice, and the

18 likelihood of danger of future abuse to petitioner or

19 any member of petitioner's or respondent's family or

20 household; and

21 (ii) the danger that any minor child will be abused

22 or neglected or improperly removed from the

23 jurisdiction, improperly concealed within the State or

24 improperly separated from the child's primary

25 caretaker.

26 (2) In comparing relative hardships resulting to the

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1 parties from loss of possession of the family home, the

2 court shall consider relevant factors, including but not

3 limited to the following:

4 (i) availability, accessibility, cost, safety,

5 adequacy, location and other characteristics of

6 alternate housing for each party and any minor child or

7 dependent adult in the party's care;

8 (ii) the effect on the party's employment; and

9 (iii) the effect on the relationship of the party,

10 and any minor child or dependent adult in the party's

11 care, to family, school, church and community.

12 (3) Subject to the exceptions set forth in paragraph

13 (4) of this subsection, the court shall make its findings

14 in an official record or in writing, and shall at a minimum

15 set forth the following:

16 (i) That the court has considered the applicable

17 relevant factors described in paragraphs (1) and (2) of

18 this subsection.

19 (ii) Whether the conduct or actions of respondent,

20 unless prohibited, will likely cause irreparable harm

21 or continued abuse.

22 (iii) Whether it is necessary to grant the

23 requested relief in order to protect petitioner or

24 other alleged abused persons.

25 (4) For purposes of issuing an ex parte emergency order

26 of protection, the court, as an alternative to or as a

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1 supplement to making the findings described in paragraphs

2 (c)(3)(i) through (c)(3)(iii) of this subsection, may use

3 the following procedure:

4 When a verified petition for an emergency order of

5 protection in accordance with the requirements of Sections

6 112A-5 and 112A-17 is presented to the court, the court

7 shall examine petitioner on oath or affirmation. An

8 emergency order of protection shall be issued by the court

9 if it appears from the contents of the petition and the

10 examination of petitioner that the averments are

11 sufficient to indicate abuse by respondent and to support

12 the granting of relief under the issuance of the emergency

13 order of protection.

14 (5) Never married parties. No rights or

15 responsibilities for a minor child born outside of marriage

16 attach to a putative father until a father and child

17 relationship has been established under the Illinois

18 Parentage Act of 1984. Absent such an adjudication, no

19 putative father shall be granted temporary custody of the

20 minor child, visitation with the minor child, or physical

21 care and possession of the minor child, nor shall an order

22 of payment for support of the minor child be entered.

23 (d) Balance of hardships; findings. If the court finds that

24 the balance of hardships does not support the granting of a

25 remedy governed by paragraph (2), (3), (10), (11), or (16) of

26 subsection (b) of this Section, which may require such

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1 balancing, the court's findings shall so indicate and shall

2 include a finding as to whether granting the remedy will result

3 in hardship to respondent that would substantially outweigh the

4 hardship to petitioner from denial of the remedy. The findings

5 shall be an official record or in writing.

6 (e) Denial of remedies. Denial of any remedy shall not be

7 based, in whole or in part, on evidence that:

8 (1) Respondent has cause for any use of force, unless

9 that cause satisfies the standards for justifiable use of

10 force provided by Article 7 of the Criminal Code of 2012;

11 (2) Respondent was voluntarily intoxicated;

12 (3) Petitioner acted in self-defense or defense of

13 another, provided that, if petitioner utilized force, such

14 force was justifiable under Article 7 of the Criminal Code

15 of 2012;

16 (4) Petitioner did not act in self-defense or defense

17 of another;

18 (5) Petitioner left the residence or household to avoid

19 further abuse by respondent;

20 (6) Petitioner did not leave the residence or household

21 to avoid further abuse by respondent;

22 (7) Conduct by any family or household member excused

23 the abuse by respondent, unless that same conduct would

24 have excused such abuse if the parties had not been family

25 or household members.

26 (Source: P.A. 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13;

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1 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)

2 Section 95. The Unified Code of Corrections is amended by

3 changing Sections 5-5-3, 5-5-3.2, and 5-6-3 as follows:

4 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)

5 Sec. 5-5-3. Disposition.

6 (a) (Blank).

7 (b) (Blank).

8 (c) (1) (Blank).

9 (2) A period of probation, a term of periodic imprisonment

10 or conditional discharge shall not be imposed for the following

11 offenses. The court shall sentence the offender to not less

12 than the minimum term of imprisonment set forth in this Code

13 for the following offenses, and may order a fine or restitution

14 or both in conjunction with such term of imprisonment:

15 (A) First degree murder where the death penalty is not

16 imposed.

17 (B) Attempted first degree murder.

18 (C) A Class X felony.

19 (D) A violation of Section 401.1 or 407 of the Illinois

20 Controlled Substances Act, or a violation of subdivision

21 (c)(1.5) or (c)(2) of Section 401 of that Act which relates

22 to more than 5 grams of a substance containing cocaine,

23 fentanyl, or an analog thereof.

24 (D-5) A violation of subdivision (c)(1) of Section 401

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1 of the Illinois Controlled Substances Act which relates to

2 3 or more grams of a substance containing heroin or an

3 analog thereof.

4 (E) A violation of Section 5.1 or 9 of the Cannabis

5 Control Act.

6 (F) A Class 2 or greater felony if the offender had

7 been convicted of a Class 2 or greater felony, including

8 any state or federal conviction for an offense that

9 contained, at the time it was committed, the same elements

10 as an offense now (the date of the offense committed after

11 the prior Class 2 or greater felony) classified as a Class

12 2 or greater felony, within 10 years of the date on which

13 the offender committed the offense for which he or she is

14 being sentenced, except as otherwise provided in Section

15 40-10 of the Alcoholism and Other Drug Abuse and Dependency

16 Act.

17 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of

18 the Criminal Code of 1961 or the Criminal Code of 2012 for

19 which imprisonment is prescribed in those Sections.

20 (G) Residential burglary, except as otherwise provided

21 in Section 40-10 of the Alcoholism and Other Drug Abuse and

22 Dependency Act.

23 (H) Criminal sexual assault.

24 (I) Aggravated battery of a senior citizen as described

25 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05

26 of the Criminal Code of 1961 or the Criminal Code of 2012.

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1 (J) A forcible felony if the offense was related to the

2 activities of an organized gang.

3 Before July 1, 1994, for the purposes of this

4 paragraph, "organized gang" means an association of 5 or

5 more persons, with an established hierarchy, that

6 encourages members of the association to perpetrate crimes

7 or provides support to the members of the association who

8 do commit crimes.

9 Beginning July 1, 1994, for the purposes of this

10 paragraph, "organized gang" has the meaning ascribed to it

11 in Section 10 of the Illinois Streetgang Terrorism Omnibus

12 Prevention Act.

13 (K) Vehicular hijacking.

14 (L) A second or subsequent conviction for the offense

15 of hate crime when the underlying offense upon which the

16 hate crime is based is felony aggravated assault or felony

17 mob action.

18 (M) A second or subsequent conviction for the offense

19 of institutional vandalism if the damage to the property

20 exceeds $300.

21 (N) (Blank). ~~A Class 3 felony violation of paragraph~~

22 ~~(1) of subsection (a) of Section 2 of the Firearm Owners~~

23 ~~Identification Card Act.~~

24 (O) A violation of Section 12-6.1 or 12-6.5 of the

25 Criminal Code of 1961 or the Criminal Code of 2012.

26 (P) A violation of paragraph (1), (2), (3), (4), (5),

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1 or (7) of subsection (a) of Section 11-20.1 of the Criminal

2 Code of 1961 or the Criminal Code of 2012.

3 (Q) A violation of subsection (b) or (b-5) of Section

4 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

5 Code of 1961 or the Criminal Code of 2012.

6 (R) A violation of Section 24-3A of the Criminal Code

7 of 1961 or the Criminal Code of 2012.

8 (S) (Blank).

9 (T) A second or subsequent violation of the

10 Methamphetamine Control and Community Protection Act.

11 (U) A second or subsequent violation of Section 6-303

12 of the Illinois Vehicle Code committed while his or her

13 driver's license, permit, or privilege was revoked because

14 of a violation of Section 9-3 of the Criminal Code of 1961

15 or the Criminal Code of 2012, relating to the offense of

16 reckless homicide, or a similar provision of a law of

17 another state.

18 (V) A violation of paragraph (4) of subsection (c) of

19 Section 11-20.1B or paragraph (4) of subsection (c) of

20 Section 11-20.3 of the Criminal Code of 1961, or paragraph

21 (6) of subsection (a) of Section 11-20.1 of the Criminal

22 Code of 2012 when the victim is under 13 years of age and

23 the defendant has previously been convicted under the laws

24 of this State or any other state of the offense of child

25 pornography, aggravated child pornography, aggravated

26 criminal sexual abuse, aggravated criminal sexual assault,

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1 predatory criminal sexual assault of a child, or any of the

2 offenses formerly known as rape, deviate sexual assault,

3 indecent liberties with a child, or aggravated indecent

4 liberties with a child where the victim was under the age

5 of 18 years or an offense that is substantially equivalent

6 to those offenses.

7 (W) A violation of Section 24-3.5 of the Criminal Code

8 of 1961 or the Criminal Code of 2012.

9 (X) A violation of subsection (a) of Section 31-1a of

10 the Criminal Code of 1961 or the Criminal Code of 2012.

11 (Y) A conviction for unlawful possession of a firearm

12 by a street gang member when the firearm was loaded or

13 contained firearm ammunition.

14 (Z) A Class 1 felony committed while he or she was

15 serving a term of probation or conditional discharge for a

16 felony.

17 (AA) Theft of property exceeding $500,000 and not

18 exceeding $1,000,000 in value.

19 (BB) Laundering of criminally derived property of a

20 value exceeding $500,000.

21 (CC) Knowingly selling, offering for sale, holding for

22 sale, or using 2,000 or more counterfeit items or

23 counterfeit items having a retail value in the aggregate of

24 $500,000 or more.

25 (DD) A conviction for aggravated assault under

26 paragraph (6) of subsection (c) of Section 12-2 of the

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1 Criminal Code of 1961 or the Criminal Code of 2012 if the

2 firearm is aimed toward the person against whom the firearm

3 is being used.

4 (3) (Blank).

5 (4) A minimum term of imprisonment of not less than 10

6 consecutive days or 30 days of community service shall be

7 imposed for a violation of paragraph (c) of Section 6-303 of

8 the Illinois Vehicle Code.

9 (4.1) (Blank).

10 (4.2) Except as provided in paragraphs (4.3) and (4.8) of

11 this subsection (c), a minimum of 100 hours of community

12 service shall be imposed for a second violation of Section

13 6-303 of the Illinois Vehicle Code.

14 (4.3) A minimum term of imprisonment of 30 days or 300

15 hours of community service, as determined by the court, shall

16 be imposed for a second violation of subsection (c) of Section

17 6-303 of the Illinois Vehicle Code.

18 (4.4) Except as provided in paragraphs (4.5), (4.6), and

19 (4.9) of this subsection (c), a minimum term of imprisonment of

20 30 days or 300 hours of community service, as determined by the

21 court, shall be imposed for a third or subsequent violation of

22 Section 6-303 of the Illinois Vehicle Code.

23 (4.5) A minimum term of imprisonment of 30 days shall be

24 imposed for a third violation of subsection (c) of Section

25 6-303 of the Illinois Vehicle Code.

26 (4.6) Except as provided in paragraph (4.10) of this

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1 subsection (c), a minimum term of imprisonment of 180 days

2 shall be imposed for a fourth or subsequent violation of

3 subsection (c) of Section 6-303 of the Illinois Vehicle Code.

4 (4.7) A minimum term of imprisonment of not less than 30

5 consecutive days, or 300 hours of community service, shall be

6 imposed for a violation of subsection (a-5) of Section 6-303 of

7 the Illinois Vehicle Code, as provided in subsection (b-5) of

8 that Section.

9 (4.8) A mandatory prison sentence shall be imposed for a

10 second violation of subsection (a-5) of Section 6-303 of the

11 Illinois Vehicle Code, as provided in subsection (c-5) of that

12 Section. The person's driving privileges shall be revoked for a

13 period of not less than 5 years from the date of his or her

14 release from prison.

15 (4.9) A mandatory prison sentence of not less than 4 and

16 not more than 15 years shall be imposed for a third violation

17 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

18 Code, as provided in subsection (d-2.5) of that Section. The

19 person's driving privileges shall be revoked for the remainder

20 of his or her life.

21 (4.10) A mandatory prison sentence for a Class 1 felony

22 shall be imposed, and the person shall be eligible for an

23 extended term sentence, for a fourth or subsequent violation of

24 subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,

25 as provided in subsection (d-3.5) of that Section. The person's

26 driving privileges shall be revoked for the remainder of his or

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1 her life.

2 (5) The court may sentence a corporation or unincorporated

3 association convicted of any offense to:

4 (A) a period of conditional discharge;

5 (B) a fine;

6 (C) make restitution to the victim under Section 5-5-6

7 of this Code.

8 (5.1) In addition to any other penalties imposed, and

9 except as provided in paragraph (5.2) or (5.3), a person

10 convicted of violating subsection (c) of Section 11-907 of the

11 Illinois Vehicle Code shall have his or her driver's license,

12 permit, or privileges suspended for at least 90 days but not

13 more than one year, if the violation resulted in damage to the

14 property of another person.

15 (5.2) In addition to any other penalties imposed, and

16 except as provided in paragraph (5.3), a person convicted of

17 violating subsection (c) of Section 11-907 of the Illinois

18 Vehicle Code shall have his or her driver's license, permit, or

19 privileges suspended for at least 180 days but not more than 2

20 years, if the violation resulted in injury to another person.

21 (5.3) In addition to any other penalties imposed, a person

22 convicted of violating subsection (c) of Section 11-907 of the

23 Illinois Vehicle Code shall have his or her driver's license,

24 permit, or privileges suspended for 2 years, if the violation

25 resulted in the death of another person.

26 (5.4) In addition to any other penalties imposed, a person

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1 convicted of violating Section 3-707 of the Illinois Vehicle

2 Code shall have his or her driver's license, permit, or

3 privileges suspended for 3 months and until he or she has paid

4 a reinstatement fee of $100.

5 (5.5) In addition to any other penalties imposed, a person

6 convicted of violating Section 3-707 of the Illinois Vehicle

7 Code during a period in which his or her driver's license,

8 permit, or privileges were suspended for a previous violation

9 of that Section shall have his or her driver's license, permit,

10 or privileges suspended for an additional 6 months after the

11 expiration of the original 3-month suspension and until he or

12 she has paid a reinstatement fee of $100.

13 (6) (Blank).

14 (7) (Blank).

15 (8) (Blank).

16 (9) A defendant convicted of a second or subsequent offense

17 of ritualized abuse of a child may be sentenced to a term of

18 natural life imprisonment.

19 (10) (Blank).

20 (11) The court shall impose a minimum fine of $1,000 for a

21 first offense and $2,000 for a second or subsequent offense

22 upon a person convicted of or placed on supervision for battery

23 when the individual harmed was a sports official or coach at

24 any level of competition and the act causing harm to the sports

25 official or coach occurred within an athletic facility or

26 within the immediate vicinity of the athletic facility at which

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1 the sports official or coach was an active participant of the

2 athletic contest held at the athletic facility. For the

3 purposes of this paragraph (11), "sports official" means a

4 person at an athletic contest who enforces the rules of the

5 contest, such as an umpire or referee; "athletic facility"

6 means an indoor or outdoor playing field or recreational area

7 where sports activities are conducted; and "coach" means a

8 person recognized as a coach by the sanctioning authority that

9 conducted the sporting event.

10 (12) A person may not receive a disposition of court

11 supervision for a violation of Section 5-16 of the Boat

12 Registration and Safety Act if that person has previously

13 received a disposition of court supervision for a violation of

14 that Section.

15 (13) A person convicted of or placed on court supervision

16 for an assault or aggravated assault when the victim and the

17 offender are family or household members as defined in Section

18 103 of the Illinois Domestic Violence Act of 1986 or convicted

19 of domestic battery or aggravated domestic battery may be

20 required to attend a Partner Abuse Intervention Program under

21 protocols set forth by the Illinois Department of Human

22 Services under such terms and conditions imposed by the court.

23 The costs of such classes shall be paid by the offender.

24 (d) In any case in which a sentence originally imposed is

25 vacated, the case shall be remanded to the trial court. The

26 trial court shall hold a hearing under Section 5-4-1 of the

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1 Unified Code of Corrections which may include evidence of the

2 defendant's life, moral character and occupation during the

3 time since the original sentence was passed. The trial court

4 shall then impose sentence upon the defendant. The trial court

5 may impose any sentence which could have been imposed at the

6 original trial subject to Section 5-5-4 of the Unified Code of

7 Corrections. If a sentence is vacated on appeal or on

8 collateral attack due to the failure of the trier of fact at

9 trial to determine beyond a reasonable doubt the existence of a

10 fact (other than a prior conviction) necessary to increase the

11 punishment for the offense beyond the statutory maximum

12 otherwise applicable, either the defendant may be re-sentenced

13 to a term within the range otherwise provided or, if the State

14 files notice of its intention to again seek the extended

15 sentence, the defendant shall be afforded a new trial.

16 (e) In cases where prosecution for aggravated criminal

17 sexual abuse under Section 11-1.60 or 12-16 of the Criminal

18 Code of 1961 or the Criminal Code of 2012 results in conviction

19 of a defendant who was a family member of the victim at the

20 time of the commission of the offense, the court shall consider

21 the safety and welfare of the victim and may impose a sentence

22 of probation only where:

23 (1) the court finds (A) or (B) or both are appropriate:

24 (A) the defendant is willing to undergo a court

25 approved counseling program for a minimum duration of 2

26 years; or

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1 (B) the defendant is willing to participate in a

2 court approved plan including but not limited to the

3 defendant's:

4 (i) removal from the household;

5 (ii) restricted contact with the victim;

6 (iii) continued financial support of the

7 family;

8 (iv) restitution for harm done to the victim;

9 and

10 (v) compliance with any other measures that

11 the court may deem appropriate; and

12 (2) the court orders the defendant to pay for the

13 victim's counseling services, to the extent that the court

14 finds, after considering the defendant's income and

15 assets, that the defendant is financially capable of paying

16 for such services, if the victim was under 18 years of age

17 at the time the offense was committed and requires

18 counseling as a result of the offense.

19 Probation may be revoked or modified pursuant to Section

20 5-6-4; except where the court determines at the hearing that

21 the defendant violated a condition of his or her probation

22 restricting contact with the victim or other family members or

23 commits another offense with the victim or other family

24 members, the court shall revoke the defendant's probation and

25 impose a term of imprisonment.

26 For the purposes of this Section, "family member" and

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1 "victim" shall have the meanings ascribed to them in Section

2 11-0.1 of the Criminal Code of 2012.

3 (f) (Blank).

4 (g) Whenever a defendant is convicted of an offense under

5 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

6 11-14.3, 11-14.4 except for an offense that involves keeping a

7 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

8 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

9 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

10 Criminal Code of 2012, the defendant shall undergo medical

11 testing to determine whether the defendant has any sexually

12 transmissible disease, including a test for infection with

13 human immunodeficiency virus (HIV) or any other identified

14 causative agent of acquired immunodeficiency syndrome (AIDS).

15 Any such medical test shall be performed only by appropriately

16 licensed medical practitioners and may include an analysis of

17 any bodily fluids as well as an examination of the defendant's

18 person. Except as otherwise provided by law, the results of

19 such test shall be kept strictly confidential by all medical

20 personnel involved in the testing and must be personally

21 delivered in a sealed envelope to the judge of the court in

22 which the conviction was entered for the judge's inspection in

23 camera. Acting in accordance with the best interests of the

24 victim and the public, the judge shall have the discretion to

25 determine to whom, if anyone, the results of the testing may be

26 revealed. The court shall notify the defendant of the test

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1 results. The court shall also notify the victim if requested by

2 the victim, and if the victim is under the age of 15 and if

3 requested by the victim's parents or legal guardian, the court

4 shall notify the victim's parents or legal guardian of the test

5 results. The court shall provide information on the

6 availability of HIV testing and counseling at Department of

7 Public Health facilities to all parties to whom the results of

8 the testing are revealed and shall direct the State's Attorney

9 to provide the information to the victim when possible. A

10 State's Attorney may petition the court to obtain the results

11 of any HIV test administered under this Section, and the court

12 shall grant the disclosure if the State's Attorney shows it is

13 relevant in order to prosecute a charge of criminal

14 transmission of HIV under Section 12-5.01 or 12-16.2 of the

15 Criminal Code of 1961 or the Criminal Code of 2012 against the

16 defendant. The court shall order that the cost of any such test

17 shall be paid by the county and may be taxed as costs against

18 the convicted defendant.

19 (g-5) When an inmate is tested for an airborne communicable

20 disease, as determined by the Illinois Department of Public

21 Health including but not limited to tuberculosis, the results

22 of the test shall be personally delivered by the warden or his

23 or her designee in a sealed envelope to the judge of the court

24 in which the inmate must appear for the judge's inspection in

25 camera if requested by the judge. Acting in accordance with the

26 best interests of those in the courtroom, the judge shall have

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1 the discretion to determine what if any precautions need to be

2 taken to prevent transmission of the disease in the courtroom.

3 (h) Whenever a defendant is convicted of an offense under

4 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

5 defendant shall undergo medical testing to determine whether

6 the defendant has been exposed to human immunodeficiency virus

7 (HIV) or any other identified causative agent of acquired

8 immunodeficiency syndrome (AIDS). Except as otherwise provided

9 by law, the results of such test shall be kept strictly

10 confidential by all medical personnel involved in the testing

11 and must be personally delivered in a sealed envelope to the

12 judge of the court in which the conviction was entered for the

13 judge's inspection in camera. Acting in accordance with the

14 best interests of the public, the judge shall have the

15 discretion to determine to whom, if anyone, the results of the

16 testing may be revealed. The court shall notify the defendant

17 of a positive test showing an infection with the human

18 immunodeficiency virus (HIV). The court shall provide

19 information on the availability of HIV testing and counseling

20 at Department of Public Health facilities to all parties to

21 whom the results of the testing are revealed and shall direct

22 the State's Attorney to provide the information to the victim

23 when possible. A State's Attorney may petition the court to

24 obtain the results of any HIV test administered under this

25 Section, and the court shall grant the disclosure if the

26 State's Attorney shows it is relevant in order to prosecute a

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1 charge of criminal transmission of HIV under Section 12-5.01 or

2 12-16.2 of the Criminal Code of 1961 or the Criminal Code of

3 2012 against the defendant. The court shall order that the cost

4 of any such test shall be paid by the county and may be taxed as

5 costs against the convicted defendant.

6 (i) All fines and penalties imposed under this Section for

7 any violation of Chapters 3, 4, 6, and 11 of the Illinois

8 Vehicle Code, or a similar provision of a local ordinance, and

9 any violation of the Child Passenger Protection Act, or a

10 similar provision of a local ordinance, shall be collected and

11 disbursed by the circuit clerk as provided under Section 27.5

12 of the Clerks of Courts Act.

13 (j) In cases when prosecution for any violation of Section

14 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

15 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

16 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

17 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

18 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

19 Code of 2012, any violation of the Illinois Controlled

20 Substances Act, any violation of the Cannabis Control Act, or

21 any violation of the Methamphetamine Control and Community

22 Protection Act results in conviction, a disposition of court

23 supervision, or an order of probation granted under Section 10

24 of the Cannabis Control Act, Section 410 of the Illinois

25 Controlled Substances Act, or Section 70 of the Methamphetamine

26 Control and Community Protection Act of a defendant, the court

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1 shall determine whether the defendant is employed by a facility

2 or center as defined under the Child Care Act of 1969, a public

3 or private elementary or secondary school, or otherwise works

4 with children under 18 years of age on a daily basis. When a

5 defendant is so employed, the court shall order the Clerk of

6 the Court to send a copy of the judgment of conviction or order

7 of supervision or probation to the defendant's employer by

8 certified mail. If the employer of the defendant is a school,

9 the Clerk of the Court shall direct the mailing of a copy of

10 the judgment of conviction or order of supervision or probation

11 to the appropriate regional superintendent of schools. The

12 regional superintendent of schools shall notify the State Board

13 of Education of any notification under this subsection.

14 (j-5) A defendant at least 17 years of age who is convicted

15 of a felony and who has not been previously convicted of a

16 misdemeanor or felony and who is sentenced to a term of

17 imprisonment in the Illinois Department of Corrections shall as

18 a condition of his or her sentence be required by the court to

19 attend educational courses designed to prepare the defendant

20 for a high school diploma and to work toward a high school

21 diploma or to work toward passing high school equivalency

22 testing or to work toward completing a vocational training

23 program offered by the Department of Corrections. If a

24 defendant fails to complete the educational training required

25 by his or her sentence during the term of incarceration, the

26 Prisoner Review Board shall, as a condition of mandatory

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1 supervised release, require the defendant, at his or her own

2 expense, to pursue a course of study toward a high school

3 diploma or passage of high school equivalency testing. The

4 Prisoner Review Board shall revoke the mandatory supervised

5 release of a defendant who wilfully fails to comply with this

6 subsection (j-5) upon his or her release from confinement in a

7 penal institution while serving a mandatory supervised release

8 term; however, the inability of the defendant after making a

9 good faith effort to obtain financial aid or pay for the

10 educational training shall not be deemed a wilful failure to

11 comply. The Prisoner Review Board shall recommit the defendant

12 whose mandatory supervised release term has been revoked under

13 this subsection (j-5) as provided in Section 3-3-9. This

14 subsection (j-5) does not apply to a defendant who has a high

15 school diploma or has successfully passed high school

16 equivalency testing. This subsection (j-5) does not apply to a

17 defendant who is determined by the court to be developmentally

18 disabled or otherwise mentally incapable of completing the

19 educational or vocational program.

20 (k) (Blank).

21 (l) (A) Except as provided in paragraph (C) of subsection

22 (l), whenever a defendant, who is an alien as defined by the

23 Immigration and Nationality Act, is convicted of any felony or

24 misdemeanor offense, the court after sentencing the defendant

25 may, upon motion of the State's Attorney, hold sentence in

26 abeyance and remand the defendant to the custody of the

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1 Attorney General of the United States or his or her designated

2 agent to be deported when:

3 (1) a final order of deportation has been issued

4 against the defendant pursuant to proceedings under the

5 Immigration and Nationality Act, and

6 (2) the deportation of the defendant would not

7 deprecate the seriousness of the defendant's conduct and

8 would not be inconsistent with the ends of justice.

9 Otherwise, the defendant shall be sentenced as provided in

10 this Chapter V.

11 (B) If the defendant has already been sentenced for a

12 felony or misdemeanor offense, or has been placed on probation

13 under Section 10 of the Cannabis Control Act, Section 410 of

14 the Illinois Controlled Substances Act, or Section 70 of the

15 Methamphetamine Control and Community Protection Act, the

16 court may, upon motion of the State's Attorney to suspend the

17 sentence imposed, commit the defendant to the custody of the

18 Attorney General of the United States or his or her designated

19 agent when:

20 (1) a final order of deportation has been issued

21 against the defendant pursuant to proceedings under the

22 Immigration and Nationality Act, and

23 (2) the deportation of the defendant would not

24 deprecate the seriousness of the defendant's conduct and

25 would not be inconsistent with the ends of justice.

26 (C) This subsection (l) does not apply to offenders who are

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1 subject to the provisions of paragraph (2) of subsection (a) of

2 Section 3-6-3.

3 (D) Upon motion of the State's Attorney, if a defendant

4 sentenced under this Section returns to the jurisdiction of the

5 United States, the defendant shall be recommitted to the

6 custody of the county from which he or she was sentenced.

7 Thereafter, the defendant shall be brought before the

8 sentencing court, which may impose any sentence that was

9 available under Section 5-5-3 at the time of initial

10 sentencing. In addition, the defendant shall not be eligible

11 for additional sentence credit for good conduct as provided

12 under Section 3-6-3.

13 (m) A person convicted of criminal defacement of property

14 under Section 21-1.3 of the Criminal Code of 1961 or the

15 Criminal Code of 2012, in which the property damage exceeds

16 $300 and the property damaged is a school building, shall be

17 ordered to perform community service that may include cleanup,

18 removal, or painting over the defacement.

19 (n) The court may sentence a person convicted of a

20 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

21 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

22 of 1961 or the Criminal Code of 2012 (i) to an impact

23 incarceration program if the person is otherwise eligible for

24 that program under Section 5-8-1.1, (ii) to community service,

25 or (iii) if the person is an addict or alcoholic, as defined in

26 the Alcoholism and Other Drug Abuse and Dependency Act, to a

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1 substance or alcohol abuse program licensed under that Act.

2 (o) Whenever a person is convicted of a sex offense as

3 defined in Section 2 of the Sex Offender Registration Act, the

4 defendant's driver's license or permit shall be subject to

5 renewal on an annual basis in accordance with the provisions of

6 license renewal established by the Secretary of State.

7 (Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12;

8 97-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff.

9 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756,

10 eff. 7-16-14.)

11 (730 ILCS 5/5-5-3.2)

12 Sec. 5-5-3.2. Factors in Aggravation and Extended-Term

13 Sentencing.

14 (a) The following factors shall be accorded weight in favor

15 of imposing a term of imprisonment or may be considered by the

16 court as reasons to impose a more severe sentence under Section

17 5-8-1 or Article 4.5 of Chapter V:

18 (1) the defendant's conduct caused or threatened

19 serious harm;

20 (2) the defendant received compensation for committing

21 the offense;

22 (3) the defendant has a history of prior delinquency or

23 criminal activity;

24 (4) the defendant, by the duties of his office or by

25 his position, was obliged to prevent the particular offense

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1 committed or to bring the offenders committing it to

2 justice;

3 (5) the defendant held public office at the time of the

4 offense, and the offense related to the conduct of that

5 office;

6 (6) the defendant utilized his professional reputation

7 or position in the community to commit the offense, or to

8 afford him an easier means of committing it;

9 (7) the sentence is necessary to deter others from

10 committing the same crime;

11 (8) the defendant committed the offense against a

12 person 60 years of age or older or such person's property;

13 (9) the defendant committed the offense against a

14 person who is physically handicapped or such person's

15 property;

16 (10) by reason of another individual's actual or

17 perceived race, color, creed, religion, ancestry, gender,

18 sexual orientation, physical or mental disability, or

19 national origin, the defendant committed the offense

20 against (i) the person or property of that individual; (ii)

21 the person or property of a person who has an association

22 with, is married to, or has a friendship with the other

23 individual; or (iii) the person or property of a relative

24 (by blood or marriage) of a person described in clause (i)

25 or (ii). For the purposes of this Section, "sexual

26 orientation" means heterosexuality, homosexuality, or

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1 bisexuality;

2 (11) the offense took place in a place of worship or on

3 the grounds of a place of worship, immediately prior to,

4 during or immediately following worship services. For

5 purposes of this subparagraph, "place of worship" shall

6 mean any church, synagogue or other building, structure or

7 place used primarily for religious worship;

8 (12) the defendant was convicted of a felony committed

9 while he was released on bail or his own recognizance

10 pending trial for a prior felony and was convicted of such

11 prior felony, or the defendant was convicted of a felony

12 committed while he was serving a period of probation,

13 conditional discharge, or mandatory supervised release

14 under subsection (d) of Section 5-8-1 for a prior felony;

15 (13) the defendant committed or attempted to commit a

16 felony while he was wearing a bulletproof vest. For the

17 purposes of this paragraph (13), a bulletproof vest is any

18 device which is designed for the purpose of protecting the

19 wearer from bullets, shot or other lethal projectiles;

20 (14) the defendant held a position of trust or

21 supervision such as, but not limited to, family member as

22 defined in Section 11-0.1 of the Criminal Code of 2012,

23 teacher, scout leader, baby sitter, or day care worker, in

24 relation to a victim under 18 years of age, and the

25 defendant committed an offense in violation of Section

26 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

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1 11-14.4 except for an offense that involves keeping a place

2 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

3 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

4 or 12-16 of the Criminal Code of 1961 or the Criminal Code

5 of 2012 against that victim;

6 (15) the defendant committed an offense related to the

7 activities of an organized gang. For the purposes of this

8 factor, "organized gang" has the meaning ascribed to it in

9 Section 10 of the Streetgang Terrorism Omnibus Prevention

10 Act;

11 (16) the defendant committed an offense in violation of

12 one of the following Sections while in a school, regardless

13 of the time of day or time of year; on any conveyance

14 owned, leased, or contracted by a school to transport

15 students to or from school or a school related activity; on

16 the real property of a school; or on a public way within

17 1,000 feet of the real property comprising any school:

18 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

19 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

20 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

21 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

22 18-2, or 33A-2, or Section 12-3.05 except for subdivision

23 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

24 Criminal Code of 2012;

25 (16.5) the defendant committed an offense in violation

26 of one of the following Sections while in a day care

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1 center, regardless of the time of day or time of year; on

2 the real property of a day care center, regardless of the

3 time of day or time of year; or on a public way within

4 1,000 feet of the real property comprising any day care

5 center, regardless of the time of day or time of year:

6 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

7 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

8 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

9 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

10 18-2, or 33A-2, or Section 12-3.05 except for subdivision

11 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

12 Criminal Code of 2012;

13 (17) the defendant committed the offense by reason of

14 any person's activity as a community policing volunteer or

15 to prevent any person from engaging in activity as a

16 community policing volunteer. For the purpose of this

17 Section, "community policing volunteer" has the meaning

18 ascribed to it in Section 2-3.5 of the Criminal Code of

19 2012;

20 (18) the defendant committed the offense in a nursing

21 home or on the real property comprising a nursing home. For

22 the purposes of this paragraph (18), "nursing home" means a

23 skilled nursing or intermediate long term care facility

24 that is subject to license by the Illinois Department of

25 Public Health under the Nursing Home Care Act, the

26 Specialized Mental Health Rehabilitation Act of 2013, or

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1 the ID/DD Community Care Act;

2 (19) the defendant was a federally licensed firearm

3 dealer and was previously convicted of a violation of

4 subsection (a) of Section 3 of the Firearm Owners

5 Identification Card Act before its repeal by this

6 amendatory Act of the 99th General Assembly and has now

7 committed ~~either a felony violation of the Firearm Owners~~

8 ~~Identification Card Act or~~an act of armed violence while

9 armed with a firearm;

10 (20) the defendant (i) committed the offense of

11 reckless homicide under Section 9-3 of the Criminal Code of

12 1961 or the Criminal Code of 2012 or the offense of driving

13 under the influence of alcohol, other drug or drugs,

14 intoxicating compound or compounds or any combination

15 thereof under Section 11-501 of the Illinois Vehicle Code

16 or a similar provision of a local ordinance and (ii) was

17 operating a motor vehicle in excess of 20 miles per hour

18 over the posted speed limit as provided in Article VI of

19 Chapter 11 of the Illinois Vehicle Code;

20 (21) the defendant (i) committed the offense of

21 reckless driving or aggravated reckless driving under

22 Section 11-503 of the Illinois Vehicle Code and (ii) was

23 operating a motor vehicle in excess of 20 miles per hour

24 over the posted speed limit as provided in Article VI of

25 Chapter 11 of the Illinois Vehicle Code;

26 (22) the defendant committed the offense against a

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1 person that the defendant knew, or reasonably should have

2 known, was a member of the Armed Forces of the United

3 States serving on active duty. For purposes of this clause

4 (22), the term "Armed Forces" means any of the Armed Forces

5 of the United States, including a member of any reserve

6 component thereof or National Guard unit called to active

7 duty;

8 (23) the defendant committed the offense against a

9 person who was elderly, disabled, or infirm by taking

10 advantage of a family or fiduciary relationship with the

11 elderly, disabled, or infirm person;

12 (24) the defendant committed any offense under Section

13 11-20.1 of the Criminal Code of 1961 or the Criminal Code

14 of 2012 and possessed 100 or more images;

15 (25) the defendant committed the offense while the

16 defendant or the victim was in a train, bus, or other

17 vehicle used for public transportation;

18 (26) the defendant committed the offense of child

19 pornography or aggravated child pornography, specifically

20 including paragraph (1), (2), (3), (4), (5), or (7) of

21 subsection (a) of Section 11-20.1 of the Criminal Code of

22 1961 or the Criminal Code of 2012 where a child engaged in,

23 solicited for, depicted in, or posed in any act of sexual

24 penetration or bound, fettered, or subject to sadistic,

25 masochistic, or sadomasochistic abuse in a sexual context

26 and specifically including paragraph (1), (2), (3), (4),

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1 (5), or (7) of subsection (a) of Section 11-20.1B or

2 Section 11-20.3 of the Criminal Code of 1961 where a child

3 engaged in, solicited for, depicted in, or posed in any act

4 of sexual penetration or bound, fettered, or subject to

5 sadistic, masochistic, or sadomasochistic abuse in a

6 sexual context;

7 (27) the defendant committed the offense of first

8 degree murder, assault, aggravated assault, battery,

9 aggravated battery, robbery, armed robbery, or aggravated

10 robbery against a person who was a veteran and the

11 defendant knew, or reasonably should have known, that the

12 person was a veteran performing duties as a representative

13 of a veterans' organization. For the purposes of this

14 paragraph (27), "veteran" means an Illinois resident who

15 has served as a member of the United States Armed Forces, a

16 member of the Illinois National Guard, or a member of the

17 United States Reserve Forces; and "veterans' organization"

18 means an organization comprised of members of which

19 substantially all are individuals who are veterans or

20 spouses, widows, or widowers of veterans, the primary

21 purpose of which is to promote the welfare of its members

22 and to provide assistance to the general public in such a

23 way as to confer a public benefit; or

24 (28) the defendant committed the offense of assault,

25 aggravated assault, battery, aggravated battery, robbery,

26 armed robbery, or aggravated robbery against a person that

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1 the defendant knew or reasonably should have known was a

2 letter carrier or postal worker while that person was

3 performing his or her duties delivering mail for the United

4 States Postal Service.

5 For the purposes of this Section:

6 "School" is defined as a public or private elementary or

7 secondary school, community college, college, or university.

8 "Day care center" means a public or private State certified

9 and licensed day care center as defined in Section 2.09 of the

10 Child Care Act of 1969 that displays a sign in plain view

11 stating that the property is a day care center.

12 "Public transportation" means the transportation or

13 conveyance of persons by means available to the general public,

14 and includes paratransit services.

15 (b) The following factors, related to all felonies, may be

16 considered by the court as reasons to impose an extended term

17 sentence under Section 5-8-2 upon any offender:

18 (1) When a defendant is convicted of any felony, after

19 having been previously convicted in Illinois or any other

20 jurisdiction of the same or similar class felony or greater

21 class felony, when such conviction has occurred within 10

22 years after the previous conviction, excluding time spent

23 in custody, and such charges are separately brought and

24 tried and arise out of different series of acts; or

25 (2) When a defendant is convicted of any felony and the

26 court finds that the offense was accompanied by

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1 exceptionally brutal or heinous behavior indicative of

2 wanton cruelty; or

3 (3) When a defendant is convicted of any felony

4 committed against:

5 (i) a person under 12 years of age at the time of

6 the offense or such person's property;

7 (ii) a person 60 years of age or older at the time

8 of the offense or such person's property; or

9 (iii) a person physically handicapped at the time

10 of the offense or such person's property; or

11 (4) When a defendant is convicted of any felony and the

12 offense involved any of the following types of specific

13 misconduct committed as part of a ceremony, rite,

14 initiation, observance, performance, practice or activity

15 of any actual or ostensible religious, fraternal, or social

16 group:

17 (i) the brutalizing or torturing of humans or

18 animals;

19 (ii) the theft of human corpses;

20 (iii) the kidnapping of humans;

21 (iv) the desecration of any cemetery, religious,

22 fraternal, business, governmental, educational, or

23 other building or property; or

24 (v) ritualized abuse of a child; or

25 (5) When a defendant is convicted of a felony other

26 than conspiracy and the court finds that the felony was

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1 committed under an agreement with 2 or more other persons

2 to commit that offense and the defendant, with respect to

3 the other individuals, occupied a position of organizer,

4 supervisor, financier, or any other position of management

5 or leadership, and the court further finds that the felony

6 committed was related to or in furtherance of the criminal

7 activities of an organized gang or was motivated by the

8 defendant's leadership in an organized gang; or

9 (6) When a defendant is convicted of an offense

10 committed while using a firearm with a laser sight attached

11 to it. For purposes of this paragraph, "laser sight" has

12 the meaning ascribed to it in Section 26-7 of the Criminal

13 Code of 2012; or

14 (7) When a defendant who was at least 17 years of age

15 at the time of the commission of the offense is convicted

16 of a felony and has been previously adjudicated a

17 delinquent minor under the Juvenile Court Act of 1987 for

18 an act that if committed by an adult would be a Class X or

19 Class 1 felony when the conviction has occurred within 10

20 years after the previous adjudication, excluding time

21 spent in custody; or

22 (8) When a defendant commits any felony and the

23 defendant used, possessed, exercised control over, or

24 otherwise directed an animal to assault a law enforcement

25 officer engaged in the execution of his or her official

26 duties or in furtherance of the criminal activities of an

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1 organized gang in which the defendant is engaged; or

2 (9) When a defendant commits any felony and the

3 defendant knowingly video or audio records the offense with

4 the intent to disseminate the recording.

5 (c) The following factors may be considered by the court as

6 reasons to impose an extended term sentence under Section 5-8-2

7 (730 ILCS 5/5-8-2) upon any offender for the listed offenses:

8 (1) When a defendant is convicted of first degree

9 murder, after having been previously convicted in Illinois

10 of any offense listed under paragraph (c)(2) of Section

11 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred

12 within 10 years after the previous conviction, excluding

13 time spent in custody, and the charges are separately

14 brought and tried and arise out of different series of

15 acts.

16 (1.5) When a defendant is convicted of first degree

17 murder, after having been previously convicted of domestic

18 battery (720 ILCS 5/12-3.2) or aggravated domestic battery

19 (720 ILCS 5/12-3.3) committed on the same victim or after

20 having been previously convicted of violation of an order

21 of protection (720 ILCS 5/12-30) in which the same victim

22 was the protected person.

23 (2) When a defendant is convicted of voluntary

24 manslaughter, second degree murder, involuntary

25 manslaughter, or reckless homicide in which the defendant

26 has been convicted of causing the death of more than one

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1 individual.

2 (3) When a defendant is convicted of aggravated

3 criminal sexual assault or criminal sexual assault, when

4 there is a finding that aggravated criminal sexual assault

5 or criminal sexual assault was also committed on the same

6 victim by one or more other individuals, and the defendant

7 voluntarily participated in the crime with the knowledge of

8 the participation of the others in the crime, and the

9 commission of the crime was part of a single course of

10 conduct during which there was no substantial change in the

11 nature of the criminal objective.

12 (4) If the victim was under 18 years of age at the time

13 of the commission of the offense, when a defendant is

14 convicted of aggravated criminal sexual assault or

15 predatory criminal sexual assault of a child under

16 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

17 of Section 12-14.1 of the Criminal Code of 1961 or the

18 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

19 (5) When a defendant is convicted of a felony violation

20 of Section 24-1 of the Criminal Code of 1961 or the

21 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

22 finding that the defendant is a member of an organized

23 gang.

24 (6) When a defendant was convicted of unlawful use of

25 weapons under Section 24-1 of the Criminal Code of 1961 or

26 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing

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1 a weapon that is not readily distinguishable as one of the

2 weapons enumerated in Section 24-1 of the Criminal Code of

3 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).

4 (7) When a defendant is convicted of an offense

5 involving the illegal manufacture of a controlled

6 substance under Section 401 of the Illinois Controlled

7 Substances Act (720 ILCS 570/401), the illegal manufacture

8 of methamphetamine under Section 25 of the Methamphetamine

9 Control and Community Protection Act (720 ILCS 646/25), or

10 the illegal possession of explosives and an emergency

11 response officer in the performance of his or her duties is

12 killed or injured at the scene of the offense while

13 responding to the emergency caused by the commission of the

14 offense. In this paragraph, "emergency" means a situation

15 in which a person's life, health, or safety is in jeopardy;

16 and "emergency response officer" means a peace officer,

17 community policing volunteer, fireman, emergency medical

18 technician-ambulance, emergency medical

19 technician-intermediate, emergency medical

20 technician-paramedic, ambulance driver, other medical

21 assistance or first aid personnel, or hospital emergency

22 room personnel.

23 (8) When the defendant is convicted of attempted mob

24 action, solicitation to commit mob action, or conspiracy to

25 commit mob action under Section 8-1, 8-2, or 8-4 of the

26 Criminal Code of 2012, where the criminal object is a

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1 violation of Section 25-1 of the Criminal Code of 2012, and

2 an electronic communication is used in the commission of

3 the offense. For the purposes of this paragraph (8),

4 "electronic communication" shall have the meaning provided

5 in Section 26.5-0.1 of the Criminal Code of 2012.

6 (d) For the purposes of this Section, "organized gang" has

7 the meaning ascribed to it in Section 10 of the Illinois

8 Streetgang Terrorism Omnibus Prevention Act.

9 (e) The court may impose an extended term sentence under

10 Article 4.5 of Chapter V upon an offender who has been

11 convicted of a felony violation of Section 11-1.20, 11-1.30,

12 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

13 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

14 when the victim of the offense is under 18 years of age at the

15 time of the commission of the offense and, during the

16 commission of the offense, the victim was under the influence

17 of alcohol, regardless of whether or not the alcohol was

18 supplied by the offender; and the offender, at the time of the

19 commission of the offense, knew or should have known that the

20 victim had consumed alcohol.

21 (Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333,

22 eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13;

23 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff.

24 1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff.

25 7-16-14.)

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1 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)

2 Sec. 5-6-3. Conditions of Probation and of Conditional

3 Discharge.

4 (a) The conditions of probation and of conditional

5 discharge shall be that the person:

6 (1) not violate any criminal statute of any

7 jurisdiction;

8 (2) report to or appear in person before such person or

9 agency as directed by the court;

10 (3) refrain from possessing a firearm or other

11 dangerous weapon where the offense is a felony or, if a

12 misdemeanor, the offense involved the intentional or

13 knowing infliction of bodily harm or threat of bodily harm;

14 (4) not leave the State without the consent of the

15 court or, in circumstances in which the reason for the

16 absence is of such an emergency nature that prior consent

17 by the court is not possible, without the prior

18 notification and approval of the person's probation

19 officer. Transfer of a person's probation or conditional

20 discharge supervision to another state is subject to

21 acceptance by the other state pursuant to the Interstate

22 Compact for Adult Offender Supervision;

23 (5) permit the probation officer to visit him at his

24 home or elsewhere to the extent necessary to discharge his

25 duties;

26 (6) perform no less than 30 hours of community service

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1 and not more than 120 hours of community service, if

2 community service is available in the jurisdiction and is

3 funded and approved by the county board where the offense

4 was committed, where the offense was related to or in

5 furtherance of the criminal activities of an organized gang

6 and was motivated by the offender's membership in or

7 allegiance to an organized gang. The community service

8 shall include, but not be limited to, the cleanup and

9 repair of any damage caused by a violation of Section

10 21-1.3 of the Criminal Code of 1961 or the Criminal Code of

11 2012 and similar damage to property located within the

12 municipality or county in which the violation occurred.

13 When possible and reasonable, the community service should

14 be performed in the offender's neighborhood. For purposes

15 of this Section, "organized gang" has the meaning ascribed

16 to it in Section 10 of the Illinois Streetgang Terrorism

17 Omnibus Prevention Act;

18 (7) if he or she is at least 17 years of age and has

19 been sentenced to probation or conditional discharge for a

20 misdemeanor or felony in a county of 3,000,000 or more

21 inhabitants and has not been previously convicted of a

22 misdemeanor or felony, may be required by the sentencing

23 court to attend educational courses designed to prepare the

24 defendant for a high school diploma and to work toward a

25 high school diploma or to work toward passing high school

26 equivalency testing or to work toward completing a

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1 vocational training program approved by the court. The

2 person on probation or conditional discharge must attend a

3 public institution of education to obtain the educational

4 or vocational training required by this clause (7). The

5 court shall revoke the probation or conditional discharge

6 of a person who wilfully fails to comply with this clause

7 (7). The person on probation or conditional discharge shall

8 be required to pay for the cost of the educational courses

9 or high school equivalency testing if a fee is charged for

10 those courses or testing. The court shall resentence the

11 offender whose probation or conditional discharge has been

12 revoked as provided in Section 5-6-4. This clause (7) does

13 not apply to a person who has a high school diploma or has

14 successfully passed high school equivalency testing. This

15 clause (7) does not apply to a person who is determined by

16 the court to be developmentally disabled or otherwise

17 mentally incapable of completing the educational or

18 vocational program;

19 (8) if convicted of possession of a substance

20 prohibited by the Cannabis Control Act, the Illinois

21 Controlled Substances Act, or the Methamphetamine Control

22 and Community Protection Act after a previous conviction or

23 disposition of supervision for possession of a substance

24 prohibited by the Cannabis Control Act or Illinois

25 Controlled Substances Act or after a sentence of probation

26 under Section 10 of the Cannabis Control Act, Section 410

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1 of the Illinois Controlled Substances Act, or Section 70 of

2 the Methamphetamine Control and Community Protection Act

3 and upon a finding by the court that the person is

4 addicted, undergo treatment at a substance abuse program

5 approved by the court;

6 (8.5) if convicted of a felony sex offense as defined

7 in the Sex Offender Management Board Act, the person shall

8 undergo and successfully complete sex offender treatment

9 by a treatment provider approved by the Board and conducted

10 in conformance with the standards developed under the Sex

11 Offender Management Board Act;

12 (8.6) if convicted of a sex offense as defined in the

13 Sex Offender Management Board Act, refrain from residing at

14 the same address or in the same condominium unit or

15 apartment unit or in the same condominium complex or

16 apartment complex with another person he or she knows or

17 reasonably should know is a convicted sex offender or has

18 been placed on supervision for a sex offense; the

19 provisions of this paragraph do not apply to a person

20 convicted of a sex offense who is placed in a Department of

21 Corrections licensed transitional housing facility for sex

22 offenders;

23 (8.7) if convicted for an offense committed on or after

24 June 1, 2008 (the effective date of Public Act 95-464) that

25 would qualify the accused as a child sex offender as

26 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

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1 1961 or the Criminal Code of 2012, refrain from

2 communicating with or contacting, by means of the Internet,

3 a person who is not related to the accused and whom the

4 accused reasonably believes to be under 18 years of age;

5 for purposes of this paragraph (8.7), "Internet" has the

6 meaning ascribed to it in Section 16-0.1 of the Criminal

7 Code of 2012; and a person is not related to the accused if

8 the person is not: (i) the spouse, brother, or sister of

9 the accused; (ii) a descendant of the accused; (iii) a

10 first or second cousin of the accused; or (iv) a step-child

11 or adopted child of the accused;

12 (8.8) if convicted for an offense under Section 11-6,

13 11-9.1, 11-14.4 that involves soliciting for a juvenile

14 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

15 of the Criminal Code of 1961 or the Criminal Code of 2012,

16 or any attempt to commit any of these offenses, committed

17 on or after June 1, 2009 (the effective date of Public Act

18 95-983):

19 (i) not access or use a computer or any other

20 device with Internet capability without the prior

21 written approval of the offender's probation officer,

22 except in connection with the offender's employment or

23 search for employment with the prior approval of the

24 offender's probation officer;

25 (ii) submit to periodic unannounced examinations

26 of the offender's computer or any other device with

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1 Internet capability by the offender's probation

2 officer, a law enforcement officer, or assigned

3 computer or information technology specialist,

4 including the retrieval and copying of all data from

5 the computer or device and any internal or external

6 peripherals and removal of such information,

7 equipment, or device to conduct a more thorough

8 inspection;

9 (iii) submit to the installation on the offender's

10 computer or device with Internet capability, at the

11 offender's expense, of one or more hardware or software

12 systems to monitor the Internet use; and

13 (iv) submit to any other appropriate restrictions

14 concerning the offender's use of or access to a

15 computer or any other device with Internet capability

16 imposed by the offender's probation officer;

17 (8.9) if convicted of a sex offense as defined in the

18 Sex Offender Registration Act committed on or after January

19 1, 2010 (the effective date of Public Act 96-262), refrain

20 from accessing or using a social networking website as

21 defined in Section 17-0.5 of the Criminal Code of 2012;

22 (9) if convicted of a felony or of any misdemeanor

23 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or

24 12-3.5 of the Criminal Code of 1961 or the Criminal Code of

25 2012 that was determined, pursuant to Section 112A-11.1 of

26 the Code of Criminal Procedure of 1963, to trigger the

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1 prohibitions of 18 U.S.C. 922(g)(9), physically surrender

2 at a time and place designated by the court,~~his or her~~

3 ~~Firearm Owner's Identification Card and~~any and all

4 firearms in his or her possession~~. The Court shall return~~

5 ~~to the Department of State Police Firearm Owner's~~

6 ~~Identification Card Office the person's Firearm Owner's~~

7 ~~Identification Card~~;

8 (10) if convicted of a sex offense as defined in

9 subsection (a-5) of Section 3-1-2 of this Code, unless the

10 offender is a parent or guardian of the person under 18

11 years of age present in the home and no non-familial minors

12 are present, not participate in a holiday event involving

13 children under 18 years of age, such as distributing candy

14 or other items to children on Halloween, wearing a Santa

15 Claus costume on or preceding Christmas, being employed as

16 a department store Santa Claus, or wearing an Easter Bunny

17 costume on or preceding Easter;

18 (11) if convicted of a sex offense as defined in

19 Section 2 of the Sex Offender Registration Act committed on

20 or after January 1, 2010 (the effective date of Public Act

21 96-362) that requires the person to register as a sex

22 offender under that Act, may not knowingly use any computer

23 scrub software on any computer that the sex offender uses;

24 and

25 (12) if convicted of a violation of the Methamphetamine

26 Control and Community Protection Act, the Methamphetamine

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1 Precursor Control Act, or a methamphetamine related

2 offense:

3 (A) prohibited from purchasing, possessing, or

4 having under his or her control any product containing

5 pseudoephedrine unless prescribed by a physician; and

6 (B) prohibited from purchasing, possessing, or

7 having under his or her control any product containing

8 ammonium nitrate.

9 (b) The Court may in addition to other reasonable

10 conditions relating to the nature of the offense or the

11 rehabilitation of the defendant as determined for each

12 defendant in the proper discretion of the Court require that

13 the person:

14 (1) serve a term of periodic imprisonment under Article

15 7 for a period not to exceed that specified in paragraph

16 (d) of Section 5-7-1;

17 (2) pay a fine and costs;

18 (3) work or pursue a course of study or vocational

19 training;

20 (4) undergo medical, psychological or psychiatric

21 treatment; or treatment for drug addiction or alcoholism;

22 (5) attend or reside in a facility established for the

23 instruction or residence of defendants on probation;

24 (6) support his dependents;

25 (7) and in addition, if a minor:

26 (i) reside with his parents or in a foster home;

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1 (ii) attend school;

2 (iii) attend a non-residential program for youth;

3 (iv) contribute to his own support at home or in a

4 foster home;

5 (v) with the consent of the superintendent of the

6 facility, attend an educational program at a facility

7 other than the school in which the offense was

8 committed if he or she is convicted of a crime of

9 violence as defined in Section 2 of the Crime Victims

10 Compensation Act committed in a school, on the real

11 property comprising a school, or within 1,000 feet of

12 the real property comprising a school;

13 (8) make restitution as provided in Section 5-5-6 of

14 this Code;

15 (9) perform some reasonable public or community

16 service;

17 (10) serve a term of home confinement. In addition to

18 any other applicable condition of probation or conditional

19 discharge, the conditions of home confinement shall be that

20 the offender:

21 (i) remain within the interior premises of the

22 place designated for his confinement during the hours

23 designated by the court;

24 (ii) admit any person or agent designated by the

25 court into the offender's place of confinement at any

26 time for purposes of verifying the offender's

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1 compliance with the conditions of his confinement; and

2 (iii) if further deemed necessary by the court or

3 the Probation or Court Services Department, be placed

4 on an approved electronic monitoring device, subject

5 to Article 8A of Chapter V;

6 (iv) for persons convicted of any alcohol,

7 cannabis or controlled substance violation who are

8 placed on an approved monitoring device as a condition

9 of probation or conditional discharge, the court shall

10 impose a reasonable fee for each day of the use of the

11 device, as established by the county board in

12 subsection (g) of this Section, unless after

13 determining the inability of the offender to pay the

14 fee, the court assesses a lesser fee or no fee as the

15 case may be. This fee shall be imposed in addition to

16 the fees imposed under subsections (g) and (i) of this

17 Section. The fee shall be collected by the clerk of the

18 circuit court. The clerk of the circuit court shall pay

19 all monies collected from this fee to the county

20 treasurer for deposit in the substance abuse services

21 fund under Section 5-1086.1 of the Counties Code; and

22 (v) for persons convicted of offenses other than

23 those referenced in clause (iv) above and who are

24 placed on an approved monitoring device as a condition

25 of probation or conditional discharge, the court shall

26 impose a reasonable fee for each day of the use of the

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1 device, as established by the county board in

2 subsection (g) of this Section, unless after

3 determining the inability of the defendant to pay the

4 fee, the court assesses a lesser fee or no fee as the

5 case may be. This fee shall be imposed in addition to

6 the fees imposed under subsections (g) and (i) of this

7 Section. The fee shall be collected by the clerk of the

8 circuit court. The clerk of the circuit court shall pay

9 all monies collected from this fee to the county

10 treasurer who shall use the monies collected to defray

11 the costs of corrections. The county treasurer shall

12 deposit the fee collected in the probation and court

13 services fund.

14 (11) comply with the terms and conditions of an order

15 of protection issued by the court pursuant to the Illinois

16 Domestic Violence Act of 1986, as now or hereafter amended,

17 or an order of protection issued by the court of another

18 state, tribe, or United States territory. A copy of the

19 order of protection shall be transmitted to the probation

20 officer or agency having responsibility for the case;

21 (12) reimburse any "local anti-crime program" as

22 defined in Section 7 of the Anti-Crime Advisory Council Act

23 for any reasonable expenses incurred by the program on the

24 offender's case, not to exceed the maximum amount of the

25 fine authorized for the offense for which the defendant was

26 sentenced;

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1 (13) contribute a reasonable sum of money, not to

2 exceed the maximum amount of the fine authorized for the

3 offense for which the defendant was sentenced, (i) to a

4 "local anti-crime program", as defined in Section 7 of the

5 Anti-Crime Advisory Council Act, or (ii) for offenses under

6 the jurisdiction of the Department of Natural Resources, to

7 the fund established by the Department of Natural Resources

8 for the purchase of evidence for investigation purposes and

9 to conduct investigations as outlined in Section 805-105 of

10 the Department of Natural Resources (Conservation) Law;

11 (14) refrain from entering into a designated

12 geographic area except upon such terms as the court finds

13 appropriate. Such terms may include consideration of the

14 purpose of the entry, the time of day, other persons

15 accompanying the defendant, and advance approval by a

16 probation officer, if the defendant has been placed on

17 probation or advance approval by the court, if the

18 defendant was placed on conditional discharge;

19 (15) refrain from having any contact, directly or

20 indirectly, with certain specified persons or particular

21 types of persons, including but not limited to members of

22 street gangs and drug users or dealers;

23 (16) refrain from having in his or her body the

24 presence of any illicit drug prohibited by the Cannabis

25 Control Act, the Illinois Controlled Substances Act, or the

26 Methamphetamine Control and Community Protection Act,

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1 unless prescribed by a physician, and submit samples of his

2 or her blood or urine or both for tests to determine the

3 presence of any illicit drug;

4 (17) if convicted for an offense committed on or after

5 June 1, 2008 (the effective date of Public Act 95-464) that

6 would qualify the accused as a child sex offender as

7 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

8 1961 or the Criminal Code of 2012, refrain from

9 communicating with or contacting, by means of the Internet,

10 a person who is related to the accused and whom the accused

11 reasonably believes to be under 18 years of age; for

12 purposes of this paragraph (17), "Internet" has the meaning

13 ascribed to it in Section 16-0.1 of the Criminal Code of

14 2012; and a person is related to the accused if the person

15 is: (i) the spouse, brother, or sister of the accused; (ii)

16 a descendant of the accused; (iii) a first or second cousin

17 of the accused; or (iv) a step-child or adopted child of

18 the accused;

19 (18) if convicted for an offense committed on or after

20 June 1, 2009 (the effective date of Public Act 95-983) that

21 would qualify as a sex offense as defined in the Sex

22 Offender Registration Act:

23 (i) not access or use a computer or any other

24 device with Internet capability without the prior

25 written approval of the offender's probation officer,

26 except in connection with the offender's employment or

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1 search for employment with the prior approval of the

2 offender's probation officer;

3 (ii) submit to periodic unannounced examinations

4 of the offender's computer or any other device with

5 Internet capability by the offender's probation

6 officer, a law enforcement officer, or assigned

7 computer or information technology specialist,

8 including the retrieval and copying of all data from

9 the computer or device and any internal or external

10 peripherals and removal of such information,

11 equipment, or device to conduct a more thorough

12 inspection;

13 (iii) submit to the installation on the offender's

14 computer or device with Internet capability, at the

15 subject's expense, of one or more hardware or software

16 systems to monitor the Internet use; and

17 (iv) submit to any other appropriate restrictions

18 concerning the offender's use of or access to a

19 computer or any other device with Internet capability

20 imposed by the offender's probation officer; and

21 (19) refrain from possessing a firearm or other

22 dangerous weapon where the offense is a misdemeanor that

23 did not involve the intentional or knowing infliction of

24 bodily harm or threat of bodily harm.

25 (c) The court may as a condition of probation or of

26 conditional discharge require that a person under 18 years of

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1 age found guilty of any alcohol, cannabis or controlled

2 substance violation, refrain from acquiring a driver's license

3 during the period of probation or conditional discharge. If

4 such person is in possession of a permit or license, the court

5 may require that the minor refrain from driving or operating

6 any motor vehicle during the period of probation or conditional

7 discharge, except as may be necessary in the course of the

8 minor's lawful employment.

9 (d) An offender sentenced to probation or to conditional

10 discharge shall be given a certificate setting forth the

11 conditions thereof.

12 (e) Except where the offender has committed a fourth or

13 subsequent violation of subsection (c) of Section 6-303 of the

14 Illinois Vehicle Code, the court shall not require as a

15 condition of the sentence of probation or conditional discharge

16 that the offender be committed to a period of imprisonment in

17 excess of 6 months. This 6 month limit shall not include

18 periods of confinement given pursuant to a sentence of county

19 impact incarceration under Section 5-8-1.2.

20 Persons committed to imprisonment as a condition of

21 probation or conditional discharge shall not be committed to

22 the Department of Corrections.

23 (f) The court may combine a sentence of periodic

24 imprisonment under Article 7 or a sentence to a county impact

25 incarceration program under Article 8 with a sentence of

26 probation or conditional discharge.

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1 (g) An offender sentenced to probation or to conditional

2 discharge and who during the term of either undergoes mandatory

3 drug or alcohol testing, or both, or is assigned to be placed

4 on an approved electronic monitoring device, shall be ordered

5 to pay all costs incidental to such mandatory drug or alcohol

6 testing, or both, and all costs incidental to such approved

7 electronic monitoring in accordance with the defendant's

8 ability to pay those costs. The county board with the

9 concurrence of the Chief Judge of the judicial circuit in which

10 the county is located shall establish reasonable fees for the

11 cost of maintenance, testing, and incidental expenses related

12 to the mandatory drug or alcohol testing, or both, and all

13 costs incidental to approved electronic monitoring, involved

14 in a successful probation program for the county. The

15 concurrence of the Chief Judge shall be in the form of an

16 administrative order. The fees shall be collected by the clerk

17 of the circuit court. The clerk of the circuit court shall pay

18 all moneys collected from these fees to the county treasurer

19 who shall use the moneys collected to defray the costs of drug

20 testing, alcohol testing, and electronic monitoring. The

21 county treasurer shall deposit the fees collected in the county

22 working cash fund under Section 6-27001 or Section 6-29002 of

23 the Counties Code, as the case may be.

24 (h) Jurisdiction over an offender may be transferred from

25 the sentencing court to the court of another circuit with the

26 concurrence of both courts. Further transfers or retransfers of

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1 jurisdiction are also authorized in the same manner. The court

2 to which jurisdiction has been transferred shall have the same

3 powers as the sentencing court. The probation department within

4 the circuit to which jurisdiction has been transferred, or

5 which has agreed to provide supervision, may impose probation

6 fees upon receiving the transferred offender, as provided in

7 subsection (i). For all transfer cases, as defined in Section

8 9b of the Probation and Probation Officers Act, the probation

9 department from the original sentencing court shall retain all

10 probation fees collected prior to the transfer. After the

11 transfer all probation fees shall be paid to the probation

12 department within the circuit to which jurisdiction has been

13 transferred.

14 (i) The court shall impose upon an offender sentenced to

15 probation after January 1, 1989 or to conditional discharge

16 after January 1, 1992 or to community service under the

17 supervision of a probation or court services department after

18 January 1, 2004, as a condition of such probation or

19 conditional discharge or supervised community service, a fee of

20 $50 for each month of probation or conditional discharge

21 supervision or supervised community service ordered by the

22 court, unless after determining the inability of the person

23 sentenced to probation or conditional discharge or supervised

24 community service to pay the fee, the court assesses a lesser

25 fee. The court may not impose the fee on a minor who is made a

26 ward of the State under the Juvenile Court Act of 1987 while

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1 the minor is in placement. The fee shall be imposed only upon

2 an offender who is actively supervised by the probation and

3 court services department. The fee shall be collected by the

4 clerk of the circuit court. The clerk of the circuit court

5 shall pay all monies collected from this fee to the county

6 treasurer for deposit in the probation and court services fund

7 under Section 15.1 of the Probation and Probation Officers Act.

8 A circuit court may not impose a probation fee under this

9 subsection (i) in excess of $25 per month unless the circuit

10 court has adopted, by administrative order issued by the chief

11 judge, a standard probation fee guide determining an offender's

12 ability to pay Of the amount collected as a probation fee, up

13 to $5 of that fee collected per month may be used to provide

14 services to crime victims and their families.

15 The Court may only waive probation fees based on an

16 offender's ability to pay. The probation department may

17 re-evaluate an offender's ability to pay every 6 months, and,

18 with the approval of the Director of Court Services or the

19 Chief Probation Officer, adjust the monthly fee amount. An

20 offender may elect to pay probation fees due in a lump sum. Any

21 offender that has been assigned to the supervision of a

22 probation department, or has been transferred either under

23 subsection (h) of this Section or under any interstate compact,

24 shall be required to pay probation fees to the department

25 supervising the offender, based on the offender's ability to

26 pay.

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1 This amendatory Act of the 93rd General Assembly deletes

2 the $10 increase in the fee under this subsection that was

3 imposed by Public Act 93-616. This deletion is intended to

4 control over any other Act of the 93rd General Assembly that

5 retains or incorporates that fee increase.

6 (i-5) In addition to the fees imposed under subsection (i)

7 of this Section, in the case of an offender convicted of a

8 felony sex offense (as defined in the Sex Offender Management

9 Board Act) or an offense that the court or probation department

10 has determined to be sexually motivated (as defined in the Sex

11 Offender Management Board Act), the court or the probation

12 department shall assess additional fees to pay for all costs of

13 treatment, assessment, evaluation for risk and treatment, and

14 monitoring the offender, based on that offender's ability to

15 pay those costs either as they occur or under a payment plan.

16 (j) All fines and costs imposed under this Section for any

17 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

18 Code, or a similar provision of a local ordinance, and any

19 violation of the Child Passenger Protection Act, or a similar

20 provision of a local ordinance, shall be collected and

21 disbursed by the circuit clerk as provided under Section 27.5

22 of the Clerks of Courts Act.

23 (k) Any offender who is sentenced to probation or

24 conditional discharge for a felony sex offense as defined in

25 the Sex Offender Management Board Act or any offense that the

26 court or probation department has determined to be sexually

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1 motivated as defined in the Sex Offender Management Board Act

2 shall be required to refrain from any contact, directly or

3 indirectly, with any persons specified by the court and shall

4 be available for all evaluations and treatment programs

5 required by the court or the probation department.

6 (l) The court may order an offender who is sentenced to

7 probation or conditional discharge for a violation of an order

8 of protection be placed under electronic surveillance as

9 provided in Section 5-8A-7 of this Code.

10 (Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597,

11 eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13;

12 97-1150, eff. 1-25-13; 98-575, eff. 1-1-14; 98-718, eff.

13 1-1-15.)

14 Section 100. The Stalking No Contact Order Act is amended

15 by changing Section 80 as follows:

16 (740 ILCS 21/80)

17 Sec. 80. Stalking no contact orders; remedies.

18 (a) If the court finds that the petitioner has been a

19 victim of stalking, a stalking no contact order shall issue;

20 provided that the petitioner must also satisfy the requirements

21 of Section 95 on emergency orders or Section 100 on plenary

22 orders. The petitioner shall not be denied a stalking no

23 contact order because the petitioner or the respondent is a

24 minor. The court, when determining whether or not to issue a

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1 stalking no contact order, may not require physical injury on

2 the person of the petitioner. Modification and extension of

3 prior stalking no contact orders shall be in accordance with

4 this Act.

5 (b) A stalking no contact order shall order one or more of

6 the following:

7 (1) prohibit the respondent from threatening to commit

8 or committing stalking;

9 (2) order the respondent not to have any contact with

10 the petitioner or a third person specifically named by the

11 court;

12 (3) prohibit the respondent from knowingly coming

13 within, or knowingly remaining within a specified distance

14 of the petitioner or the petitioner's residence, school,

15 daycare, or place of employment, or any specified place

16 frequented by the petitioner; however, the court may order

17 the respondent to stay away from the respondent's own

18 residence, school, or place of employment only if the

19 respondent has been provided actual notice of the

20 opportunity to appear and be heard on the petition;

21 (4) prohibit the respondent from ~~possessing a Firearm~~

22 ~~Owners Identification Card, or~~ possessing or buying

23 firearms; and

24 (5) order other injunctive relief the court determines

25 to be necessary to protect the petitioner or third party

26 specifically named by the court.

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1 (b-5) When the petitioner and the respondent attend the

2 same public, private, or non-public elementary, middle, or high

3 school, the court when issuing a stalking no contact order and

4 providing relief shall consider the severity of the act, any

5 continuing physical danger or emotional distress to the

6 petitioner, the educational rights guaranteed to the

7 petitioner and respondent under federal and State law, the

8 availability of a transfer of the respondent to another school,

9 a change of placement or a change of program of the respondent,

10 the expense, difficulty, and educational disruption that would

11 be caused by a transfer of the respondent to another school,

12 and any other relevant facts of the case. The court may order

13 that the respondent not attend the public, private, or

14 non-public elementary, middle, or high school attended by the

15 petitioner, order that the respondent accept a change of

16 placement or program, as determined by the school district or

17 private or non-public school, or place restrictions on the

18 respondent's movements within the school attended by the

19 petitioner. The respondent bears the burden of proving by a

20 preponderance of the evidence that a transfer, change of

21 placement, or change of program of the respondent is not

22 available. The respondent also bears the burden of production

23 with respect to the expense, difficulty, and educational

24 disruption that would be caused by a transfer of the respondent

25 to another school. A transfer, change of placement, or change

26 of program is not unavailable to the respondent solely on the

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1 ground that the respondent does not agree with the school

2 district's or private or non-public school's transfer, change

3 of placement, or change of program or solely on the ground that

4 the respondent fails or refuses to consent to or otherwise does

5 not take an action required to effectuate a transfer, change of

6 placement, or change of program. When a court orders a

7 respondent to stay away from the public, private, or non-public

8 school attended by the petitioner and the respondent requests a

9 transfer to another attendance center within the respondent's

10 school district or private or non-public school, the school

11 district or private or non-public school shall have sole

12 discretion to determine the attendance center to which the

13 respondent is transferred. In the event the court order results

14 in a transfer of the minor respondent to another attendance

15 center, a change in the respondent's placement, or a change of

16 the respondent's program, the parents, guardian, or legal

17 custodian of the respondent is responsible for transportation

18 and other costs associated with the transfer or change.

19 (b-6) The court may order the parents, guardian, or legal

20 custodian of a minor respondent to take certain actions or to

21 refrain from taking certain actions to ensure that the

22 respondent complies with the order. In the event the court

23 orders a transfer of the respondent to another school, the

24 parents, guardian, or legal custodian of the respondent are

25 responsible for transportation and other costs associated with

26 the change of school by the respondent.

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1 (b-7) The court shall not hold a school district or private

2 or non-public school or any of its employees in civil or

3 criminal contempt unless the school district or private or

4 non-public school has been allowed to intervene.

5 (b-8) The court may hold the parents, guardian, or legal

6 custodian of a minor respondent in civil or criminal contempt

7 for a violation of any provision of any order entered under

8 this Act for conduct of the minor respondent in violation of

9 this Act if the parents, guardian, or legal custodian directed,

10 encouraged, or assisted the respondent minor in such conduct.

11 (c) The court may award the petitioner costs and attorneys

12 fees if a stalking no contact order is granted.

13 (d) Monetary damages are not recoverable as a remedy.

14 (e) If the stalking no contact order prohibits the

15 respondent from ~~possessing a Firearm Owner's Identification~~

16 ~~Card, or~~ possessing or buying firearms; the court shall

17 confiscate the respondent's firearms ~~Firearm Owner's~~

18 ~~Identification Card and immediately return the card to the~~

19 ~~Department of State Police Firearm Owner's Identification Card~~

20 ~~Office~~.

21 (Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;

22 97-1131, eff. 1-1-13.)

23 Section 105. The Mental Health and Developmental

24 Disabilities Confidentiality Act is amended by changing

25 Section 12 as follows:

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1 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)

2 Sec. 12. (a) If the United States Secret Service or the

3 Department of State Police requests information from a mental

4 health or developmental disability facility, as defined in

5 Section 1-107 and 1-114 of the Mental Health and Developmental

6 Disabilities Code, relating to a specific recipient and the

7 facility director determines that disclosure of such

8 information may be necessary to protect the life of, or to

9 prevent the infliction of great bodily harm to, a public

10 official, or a person under the protection of the United States

11 Secret Service, only the following information may be

12 disclosed: the recipient's name, address, and age and the date

13 of any admission to or discharge from a facility; and any

14 information which would indicate whether or not the recipient

15 has a history of violence or presents a danger of violence to

16 the person under protection. Any information so disclosed shall

17 be used for investigative purposes only and shall not be

18 publicly disseminated. Any person participating in good faith

19 in the disclosure of such information in accordance with this

20 provision shall have immunity from any liability, civil,

21 criminal or otherwise, if such information is disclosed relying

22 upon the representation of an officer of the United States

23 Secret Service or the Department of State Police that a person

24 is under the protection of the United States Secret Service or

25 is a public official.

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1 For the purpose of this subsection (a), the term "public

2 official" means the Governor, Lieutenant Governor, Attorney

3 General, Secretary of State, State Comptroller, State

4 Treasurer, member of the General Assembly, member of the United

5 States Congress, Judge of the United States as defined in 28

6 U.S.C. 451, Justice of the United States as defined in 28

7 U.S.C. 451, United States Magistrate Judge as defined in 28

8 U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or

9 Supreme, Appellate, Circuit, or Associate Judge of the State of

10 Illinois. The term shall also include the spouse, child or

11 children of a public official.

12 (b) The Department of Human Services (acting as successor

13 to the Department of Mental Health and Developmental

14 Disabilities) and all public or private hospitals and mental

15 health facilities are required, as hereafter described in this

16 subsection, to furnish the Department of State Police only such

17 information as may be required for the sole purpose of

18 determining whether an individual who may be or may have been a

19 patient is disqualified because of that status from receiving

20 or retaining a firearm under paragraph (4) of subsection (a) of

21 Section 24-3.1 of the Criminal Code of 2012 ~~Firearm Owner's~~

22 ~~Identification Card or falls within the federal prohibitors~~

23 ~~under subsection (e), (f), (g), (r), (s), or (t) of Section 8~~

24 ~~of the Firearm Owners Identification Card Act~~, or falls within

25 the federal prohibitors in 18 U.S.C. 922(g) and (n). All

26 physicians, clinical psychologists, or qualified examiners at

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1 public or private mental health facilities or parts thereof as

2 defined in this subsection shall, in the form and manner

3 required by the Department, provide notice directly to the

4 Department of Human Services, or to his or her employer who

5 shall then report to the Department, within 24 hours after

6 determining that a patient as described in clause (2)(B) of the

7 definition of "patient" in this subsection (b) ~~Section 1.1 of~~

8 ~~the Firearm Owners Identification Card Act~~ poses a clear and

9 present danger to himself, herself, or others, or is determined

10 to be developmentally disabled. This information shall be

11 furnished within 24 hours after the physician, clinical

12 psychologist, or qualified examiner has made a determination,

13 or within 7 days after admission to a public or private

14 hospital or mental health facility or the provision of services

15 to a patient described in clause (2)(A) ~~(1)~~ of the definition

16 of "patient" in this subsection (b) ~~Section 1.1 of the Firearm~~

17 ~~Owners Identification Card Act~~. Any such information disclosed

18 under this subsection shall remain privileged and

19 confidential, and shall not be redisclosed, except as required

20 by clause (e)(2) of Section 24-4.5 of the Criminal Code of 2012

21 ~~subsection (e) of Section 3.1 of the Firearm Owners~~

22 ~~Identification Card Act~~, nor utilized for any other purpose.

23 The method of requiring the providing of such information shall

24 guarantee that no information is released beyond what is

25 necessary for this purpose. In addition, the information

26 disclosed shall be provided by the Department within the time

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1 period established by Section 24-3 of the Criminal Code of 2012

2 regarding the delivery of firearms. The method used shall be

3 sufficient to provide the necessary information within the

4 prescribed time period, which may include periodically

5 providing lists to the Department of Human Services or any

6 public or private hospital or mental health facility of ~~Firearm~~

7 ~~Owner's Identification Card~~applicantsfor firearm purchases

8 on which the Department or hospital shall indicate the

9 identities of those individuals who are to its knowledge

10 disqualified from having a firearm ~~Firearm Owner's~~

11 ~~Identification Card~~ for reasons described herein. The

12 Department may provide for a centralized source of information

13 for the State on this subject under its jurisdiction. The

14 identity of the person reporting under this subsection shall

15 not be disclosed to the subject of the report. For the purposes

16 of this subsection, the physician, clinical psychologist, or

17 qualified examiner making the determination and his or her

18 employer shall not be held criminally, civilly, or

19 professionally liable for making or not making the notification

20 required under this subsection, except for willful or wanton

21 misconduct.

22 Any person, institution, or agency, under this Act,

23 participating in good faith in the reporting or disclosure of

24 records and communications otherwise in accordance with this

25 provision or with rules, regulations or guidelines issued by

26 the Department shall have immunity from any liability, civil,

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1 criminal or otherwise, that might result by reason of the

2 action. For the purpose of any proceeding, civil or criminal,

3 arising out of a report or disclosure in accordance with this

4 provision, the good faith of any person, institution, or agency

5 so reporting or disclosing shall be presumed. The full extent

6 of the immunity provided in this subsection (b) shall apply to

7 any person, institution or agency that fails to make a report

8 or disclosure in the good faith belief that the report or

9 disclosure would violate federal regulations governing the

10 confidentiality of alcohol and drug abuse patient records

11 implementing 42 U.S.C. 290dd-3 and 290ee-3.

12 For purposes of this subsection (b) only, the following

13 terms shall have the meaning prescribed:

14 (1) (Blank).

15 (1.3) "Clear and present danger" has the meaning as

16 defined in Section 6-103.3 of the Mental Health and

17 Developmental Disabilities Code ~~1.1 of the Firearm Owners~~

18 ~~Identification Card Act~~.

19 (1.5) "Developmentally disabled" means a disability

20 which is attributable to any other condition which results

21 in impairment similar to that caused by an intellectual

22 disability and which requires services similar to those

23 required by intellectually disabled persons. The

24 disability must originate before the age of 18 years, be

25 expected to continue indefinitely, and constitute a

26 substantial handicap ~~has the meaning as defined in Section~~

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1 ~~1.1 of the Firearm Owners Identification Card Act~~.

2 (2) "Patient" means (A) a person who voluntarily

3 receives mental health treatment as an in-patient or

4 resident of any public or private mental health facility,

5 unless the treatment was solely for an alcohol abuse

6 disorder and no other secondary substance abuse disorder or

7 mental illness; or (B) a person who voluntarily receives

8 mental health treatment as an out-patient or is provided

9 services by a public or private mental health facility, and

10 who poses a clear and present danger to himself, herself,

11 or to others. ~~has the meaning as defined in Section 1.1 of~~

12 ~~the Firearm Owners Identification Card Act~~.

13 (3) "Mental health facility" means any licensed

14 private hospital or hospital affiliate, institution, or

15 facility, or part thereof, and any facility, or part

16 thereof, operated by the State or a political subdivision

17 thereof which provide treatment of persons with mental

18 illness and includes all hospitals, institutions, clinics,

19 evaluation facilities, mental health centers, colleges,

20 universities, long-term care facilities, and nursing

21 homes, or parts thereof, which provide treatment of persons

22 with mental illness whether or not the primary purpose is

23 to provide treatment of persons with mental illness ~~has the~~

24 ~~meaning as defined in Section 1.1 of the Firearm Owners~~

25 ~~Identification Card Act~~.

26 (c) Upon the request of a peace officer who takes a person

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1 into custody and transports such person to a mental health or

2 developmental disability facility pursuant to Section 3-606 or

3 4-404 of the Mental Health and Developmental Disabilities Code

4 or who transports a person from such facility, a facility

5 director shall furnish said peace officer the name, address,

6 age and name of the nearest relative of the person transported

7 to or from the mental health or developmental disability

8 facility. In no case shall the facility director disclose to

9 the peace officer any information relating to the diagnosis,

10 treatment or evaluation of the person's mental or physical

11 health.

12 For the purposes of this subsection (c), the terms "mental

13 health or developmental disability facility", "peace officer"

14 and "facility director" shall have the meanings ascribed to

15 them in the Mental Health and Developmental Disabilities Code.

16 (d) Upon the request of a peace officer or prosecuting

17 authority who is conducting a bona fide investigation of a

18 criminal offense, or attempting to apprehend a fugitive from

19 justice, a facility director may disclose whether a person is

20 present at the facility. Upon request of a peace officer or

21 prosecuting authority who has a valid forcible felony warrant

22 issued, a facility director shall disclose: (1) whether the

23 person who is the subject of the warrant is present at the

24 facility and (2) the date of that person's discharge or future

25 discharge from the facility. The requesting peace officer or

26 prosecuting authority must furnish a case number and the

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1 purpose of the investigation or an outstanding arrest warrant

2 at the time of the request. Any person, institution, or agency

3 participating in good faith in disclosing such information in

4 accordance with this subsection (d) is immune from any

5 liability, civil, criminal or otherwise, that might result by

6 reason of the action.

7 (Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)

8 Section 110. The Illinois Domestic Violence Act of 1986 is

9 amended by changing Section 214 as follows:

10 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

11 Sec. 214. Order of protection; remedies.

12 (a) Issuance of order. If the court finds that petitioner

13 has been abused by a family or household member or that

14 petitioner is a high-risk adult who has been abused, neglected,

15 or exploited, as defined in this Act, an order of protection

16 prohibiting the abuse, neglect, or exploitation shall issue;

17 provided that petitioner must also satisfy the requirements of

18 one of the following Sections, as appropriate: Section 217 on

19 emergency orders, Section 218 on interim orders, or Section 219

20 on plenary orders. Petitioner shall not be denied an order of

21 protection because petitioner or respondent is a minor. The

22 court, when determining whether or not to issue an order of

23 protection, shall not require physical manifestations of abuse

24 on the person of the victim. Modification and extension of

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1 prior orders of protection shall be in accordance with this

2 Act.

3 (b) Remedies and standards. The remedies to be included in

4 an order of protection shall be determined in accordance with

5 this Section and one of the following Sections, as appropriate:

6 Section 217 on emergency orders, Section 218 on interim orders,

7 and Section 219 on plenary orders. The remedies listed in this

8 subsection shall be in addition to other civil or criminal

9 remedies available to petitioner.

10 (1) Prohibition of abuse, neglect, or exploitation.

11 Prohibit respondent's harassment, interference with

12 personal liberty, intimidation of a dependent, physical

13 abuse, or willful deprivation, neglect or exploitation, as

14 defined in this Act, or stalking of the petitioner, as

15 defined in Section 12-7.3 of the Criminal Code of 2012, if

16 such abuse, neglect, exploitation, or stalking has

17 occurred or otherwise appears likely to occur if not

18 prohibited.

19 (2) Grant of exclusive possession of residence.

20 Prohibit respondent from entering or remaining in any

21 residence, household, or premises of the petitioner,

22 including one owned or leased by respondent, if petitioner

23 has a right to occupancy thereof. The grant of exclusive

24 possession of the residence, household, or premises shall

25 not affect title to real property, nor shall the court be

26 limited by the standard set forth in Section 701 of the

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1 Illinois Marriage and Dissolution of Marriage Act.

2 (A) Right to occupancy. A party has a right to

3 occupancy of a residence or household if it is solely

4 or jointly owned or leased by that party, that party's

5 spouse, a person with a legal duty to support that

6 party or a minor child in that party's care, or by any

7 person or entity other than the opposing party that

8 authorizes that party's occupancy (e.g., a domestic

9 violence shelter). Standards set forth in subparagraph

10 (B) shall not preclude equitable relief.

11 (B) Presumption of hardships. If petitioner and

12 respondent each has the right to occupancy of a

13 residence or household, the court shall balance (i) the

14 hardships to respondent and any minor child or

15 dependent adult in respondent's care resulting from

16 entry of this remedy with (ii) the hardships to

17 petitioner and any minor child or dependent adult in

18 petitioner's care resulting from continued exposure to

19 the risk of abuse (should petitioner remain at the

20 residence or household) or from loss of possession of

21 the residence or household (should petitioner leave to

22 avoid the risk of abuse). When determining the balance

23 of hardships, the court shall also take into account

24 the accessibility of the residence or household.

25 Hardships need not be balanced if respondent does not

26 have a right to occupancy.

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1 The balance of hardships is presumed to favor

2 possession by petitioner unless the presumption is

3 rebutted by a preponderance of the evidence, showing

4 that the hardships to respondent substantially

5 outweigh the hardships to petitioner and any minor

6 child or dependent adult in petitioner's care. The

7 court, on the request of petitioner or on its own

8 motion, may order respondent to provide suitable,

9 accessible, alternate housing for petitioner instead

10 of excluding respondent from a mutual residence or

11 household.

12 (3) Stay away order and additional prohibitions. Order

13 respondent to stay away from petitioner or any other person

14 protected by the order of protection, or prohibit

15 respondent from entering or remaining present at

16 petitioner's school, place of employment, or other

17 specified places at times when petitioner is present, or

18 both, if reasonable, given the balance of hardships.

19 Hardships need not be balanced for the court to enter a

20 stay away order or prohibit entry if respondent has no

21 right to enter the premises.

22 (A) If an order of protection grants petitioner

23 exclusive possession of the residence, or prohibits

24 respondent from entering the residence, or orders

25 respondent to stay away from petitioner or other

26 protected persons, then the court may allow respondent

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1 access to the residence to remove items of clothing and

2 personal adornment used exclusively by respondent,

3 medications, and other items as the court directs. The

4 right to access shall be exercised on only one occasion

5 as the court directs and in the presence of an

6 agreed-upon adult third party or law enforcement

7 officer.

8 (B) When the petitioner and the respondent attend

9 the same public, private, or non-public elementary,

10 middle, or high school, the court when issuing an order

11 of protection and providing relief shall consider the

12 severity of the act, any continuing physical danger or

13 emotional distress to the petitioner, the educational

14 rights guaranteed to the petitioner and respondent

15 under federal and State law, the availability of a

16 transfer of the respondent to another school, a change

17 of placement or a change of program of the respondent,

18 the expense, difficulty, and educational disruption

19 that would be caused by a transfer of the respondent to

20 another school, and any other relevant facts of the

21 case. The court may order that the respondent not

22 attend the public, private, or non-public elementary,

23 middle, or high school attended by the petitioner,

24 order that the respondent accept a change of placement

25 or change of program, as determined by the school

26 district or private or non-public school, or place

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1 restrictions on the respondent's movements within the

2 school attended by the petitioner. The respondent

3 bears the burden of proving by a preponderance of the

4 evidence that a transfer, change of placement, or

5 change of program of the respondent is not available.

6 The respondent also bears the burden of production with

7 respect to the expense, difficulty, and educational

8 disruption that would be caused by a transfer of the

9 respondent to another school. A transfer, change of

10 placement, or change of program is not unavailable to

11 the respondent solely on the ground that the respondent

12 does not agree with the school district's or private or

13 non-public school's transfer, change of placement, or

14 change of program or solely on the ground that the

15 respondent fails or refuses to consent or otherwise

16 does not take an action required to effectuate a

17 transfer, change of placement, or change of program.

18 When a court orders a respondent to stay away from the

19 public, private, or non-public school attended by the

20 petitioner and the respondent requests a transfer to

21 another attendance center within the respondent's

22 school district or private or non-public school, the

23 school district or private or non-public school shall

24 have sole discretion to determine the attendance

25 center to which the respondent is transferred. In the

26 event the court order results in a transfer of the

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1 minor respondent to another attendance center, a

2 change in the respondent's placement, or a change of

3 the respondent's program, the parents, guardian, or

4 legal custodian of the respondent is responsible for

5 transportation and other costs associated with the

6 transfer or change.

7 (C) The court may order the parents, guardian, or

8 legal custodian of a minor respondent to take certain

9 actions or to refrain from taking certain actions to

10 ensure that the respondent complies with the order. In

11 the event the court orders a transfer of the respondent

12 to another school, the parents, guardian, or legal

13 custodian of the respondent is responsible for

14 transportation and other costs associated with the

15 change of school by the respondent.

16 (4) Counseling. Require or recommend the respondent to

17 undergo counseling for a specified duration with a social

18 worker, psychologist, clinical psychologist, psychiatrist,

19 family service agency, alcohol or substance abuse program,

20 mental health center guidance counselor, agency providing

21 services to elders, program designed for domestic violence

22 abusers or any other guidance service the court deems

23 appropriate. The Court may order the respondent in any

24 intimate partner relationship to report to an Illinois

25 Department of Human Services protocol approved partner

26 abuse intervention program for an assessment and to follow

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1 all recommended treatment.

2 (5) Physical care and possession of the minor child. In

3 order to protect the minor child from abuse, neglect, or

4 unwarranted separation from the person who has been the

5 minor child's primary caretaker, or to otherwise protect

6 the well-being of the minor child, the court may do either

7 or both of the following: (i) grant petitioner physical

8 care or possession of the minor child, or both, or (ii)

9 order respondent to return a minor child to, or not remove

10 a minor child from, the physical care of a parent or person

11 in loco parentis.

12 If a court finds, after a hearing, that respondent has

13 committed abuse (as defined in Section 103) of a minor

14 child, there shall be a rebuttable presumption that

15 awarding physical care to respondent would not be in the

16 minor child's best interest.

17 (6) Temporary legal custody. Award temporary legal

18 custody to petitioner in accordance with this Section, the

19 Illinois Marriage and Dissolution of Marriage Act, the

20 Illinois Parentage Act of 1984, and this State's Uniform

21 Child-Custody Jurisdiction and Enforcement Act.

22 If a court finds, after a hearing, that respondent has

23 committed abuse (as defined in Section 103) of a minor

24 child, there shall be a rebuttable presumption that

25 awarding temporary legal custody to respondent would not be

26 in the child's best interest.

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1 (7) Visitation. Determine the visitation rights, if

2 any, of respondent in any case in which the court awards

3 physical care or temporary legal custody of a minor child

4 to petitioner. The court shall restrict or deny

5 respondent's visitation with a minor child if the court

6 finds that respondent has done or is likely to do any of

7 the following: (i) abuse or endanger the minor child during

8 visitation; (ii) use the visitation as an opportunity to

9 abuse or harass petitioner or petitioner's family or

10 household members; (iii) improperly conceal or detain the

11 minor child; or (iv) otherwise act in a manner that is not

12 in the best interests of the minor child. The court shall

13 not be limited by the standards set forth in Section 607.1

14 of the Illinois Marriage and Dissolution of Marriage Act.

15 If the court grants visitation, the order shall specify

16 dates and times for the visitation to take place or other

17 specific parameters or conditions that are appropriate. No

18 order for visitation shall refer merely to the term

19 "reasonable visitation".

20 Petitioner may deny respondent access to the minor

21 child if, when respondent arrives for visitation,

22 respondent is under the influence of drugs or alcohol and

23 constitutes a threat to the safety and well-being of

24 petitioner or petitioner's minor children or is behaving in

25 a violent or abusive manner.

26 If necessary to protect any member of petitioner's

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1 family or household from future abuse, respondent shall be

2 prohibited from coming to petitioner's residence to meet

3 the minor child for visitation, and the parties shall

4 submit to the court their recommendations for reasonable

5 alternative arrangements for visitation. A person may be

6 approved to supervise visitation only after filing an

7 affidavit accepting that responsibility and acknowledging

8 accountability to the court.

9 (8) Removal or concealment of minor child. Prohibit

10 respondent from removing a minor child from the State or

11 concealing the child within the State.

12 (9) Order to appear. Order the respondent to appear in

13 court, alone or with a minor child, to prevent abuse,

14 neglect, removal or concealment of the child, to return the

15 child to the custody or care of the petitioner or to permit

16 any court-ordered interview or examination of the child or

17 the respondent.

18 (10) Possession of personal property. Grant petitioner

19 exclusive possession of personal property and, if

20 respondent has possession or control, direct respondent to

21 promptly make it available to petitioner, if:

22 (i) petitioner, but not respondent, owns the

23 property; or

24 (ii) the parties own the property jointly; sharing

25 it would risk abuse of petitioner by respondent or is

26 impracticable; and the balance of hardships favors

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1 temporary possession by petitioner.

2 If petitioner's sole claim to ownership of the property

3 is that it is marital property, the court may award

4 petitioner temporary possession thereof under the

5 standards of subparagraph (ii) of this paragraph only if a

6 proper proceeding has been filed under the Illinois

7 Marriage and Dissolution of Marriage Act, as now or

8 hereafter amended.

9 No order under this provision shall affect title to

10 property.

11 (11) Protection of property. Forbid the respondent

12 from taking, transferring, encumbering, concealing,

13 damaging or otherwise disposing of any real or personal

14 property, except as explicitly authorized by the court, if:

15 (i) petitioner, but not respondent, owns the

16 property; or

17 (ii) the parties own the property jointly, and the

18 balance of hardships favors granting this remedy.

19 If petitioner's sole claim to ownership of the property

20 is that it is marital property, the court may grant

21 petitioner relief under subparagraph (ii) of this

22 paragraph only if a proper proceeding has been filed under

23 the Illinois Marriage and Dissolution of Marriage Act, as

24 now or hereafter amended.

25 The court may further prohibit respondent from

26 improperly using the financial or other resources of an

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1 aged member of the family or household for the profit or

2 advantage of respondent or of any other person.

3 (11.5) Protection of animals. Grant the petitioner the

4 exclusive care, custody, or control of any animal owned,

5 possessed, leased, kept, or held by either the petitioner

6 or the respondent or a minor child residing in the

7 residence or household of either the petitioner or the

8 respondent and order the respondent to stay away from the

9 animal and forbid the respondent from taking,

10 transferring, encumbering, concealing, harming, or

11 otherwise disposing of the animal.

12 (12) Order for payment of support. Order respondent to

13 pay temporary support for the petitioner or any child in

14 the petitioner's care or custody, when the respondent has a

15 legal obligation to support that person, in accordance with

16 the Illinois Marriage and Dissolution of Marriage Act,

17 which shall govern, among other matters, the amount of

18 support, payment through the clerk and withholding of

19 income to secure payment. An order for child support may be

20 granted to a petitioner with lawful physical care or

21 custody of a child, or an order or agreement for physical

22 care or custody, prior to entry of an order for legal

23 custody. Such a support order shall expire upon entry of a

24 valid order granting legal custody to another, unless

25 otherwise provided in the custody order.

26 (13) Order for payment of losses. Order respondent to

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1 pay petitioner for losses suffered as a direct result of

2 the abuse, neglect, or exploitation. Such losses shall

3 include, but not be limited to, medical expenses, lost

4 earnings or other support, repair or replacement of

5 property damaged or taken, reasonable attorney's fees,

6 court costs and moving or other travel expenses, including

7 additional reasonable expenses for temporary shelter and

8 restaurant meals.

9 (i) Losses affecting family needs. If a party is

10 entitled to seek maintenance, child support or

11 property distribution from the other party under the

12 Illinois Marriage and Dissolution of Marriage Act, as

13 now or hereafter amended, the court may order

14 respondent to reimburse petitioner's actual losses, to

15 the extent that such reimbursement would be

16 "appropriate temporary relief", as authorized by

17 subsection (a)(3) of Section 501 of that Act.

18 (ii) Recovery of expenses. In the case of an

19 improper concealment or removal of a minor child, the

20 court may order respondent to pay the reasonable

21 expenses incurred or to be incurred in the search for

22 and recovery of the minor child, including but not

23 limited to legal fees, court costs, private

24 investigator fees, and travel costs.

25 (14) Prohibition of entry. Prohibit the respondent

26 from entering or remaining in the residence or household

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1 while the respondent is under the influence of alcohol or

2 drugs and constitutes a threat to the safety and well-being

3 of the petitioner or the petitioner's children.

4 (14.5) Prohibition of firearm possession.

5 (a) Prohibit a respondent against whom an order of

6 protection was issued from possessing any firearms

7 during the duration of the order if the order:

8 (1) was issued after a hearing of which such

9 person received actual notice, and at which such

10 person had an opportunity to participate;

11 (2) restrains such person from harassing,

12 stalking, or threatening an intimate partner of

13 such person or child of such intimate partner or

14 person, or engaging in other conduct that would

15 place an intimate partner in reasonable fear of

16 bodily injury to the partner or child; and

17 (3)(i) includes a finding that such person

18 represents a credible threat to the physical

19 safety of such intimate partner or child; or (ii)

20 by its terms explicitly prohibits the use,

21 attempted use, or threatened use of physical force

22 against such intimate partner or child that would

23 reasonably be expected to cause bodily injury.

24 ~~Any Firearm Owner's Identification Card in the~~

25 ~~possession of the respondent, except as provided in~~

26 ~~subsection (b), shall be ordered by the court to be~~

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1 ~~turned over to the local law enforcement agency. The~~

2 ~~local law enforcement agency shall immediately mail~~

3 ~~the card to the Department of State Police Firearm~~

4 ~~Owner's Identification Card Office for safekeeping.~~

5 The court shall issue a warrant for seizure of any

6 firearm in the possession of the respondent, to be kept

7 by the local law enforcement agency for safekeeping,

8 except as provided in subsection (b). The period of

9 safekeeping shall be for the duration of the order of

10 protection. The firearm or firearms ~~and Firearm~~

11 ~~Owner's Identification Card, if unexpired,~~ shall at

12 the respondent's request, be returned to the

13 respondent at the end of the order of protection. It is

14 the respondent's responsibility to notify the

15 Department of State Police ~~Firearm Owner's~~

16 ~~Identification Card Office~~.

17 (b) If the respondent is a peace officer as defined

18 in Section 2-13 of the Criminal Code of 2012, the court

19 shall order that any firearms used by the respondent in

20 the performance of his or her duties as a peace officer

21 be surrendered to the chief law enforcement executive

22 of the agency in which the respondent is employed, who

23 shall retain the firearms for safekeeping for the

24 duration of the order of protection.

25 (c) Upon expiration of the period of safekeeping,

26 if the firearms ~~or Firearm Owner's Identification Card~~

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1 cannot be returned to respondent because respondent

2 cannot be located, fails to respond to requests to

3 retrieve the firearms, or is not lawfully eligible to

4 possess a firearm, upon petition from the local law

5 enforcement agency, the court may order the local law

6 enforcement agency to destroy the firearms, use the

7 firearms for training purposes, or for any other

8 application as deemed appropriate by the local law

9 enforcement agency; or that the firearms be turned over

10 to a third party who is lawfully eligible to possess

11 firearms, and who does not reside with respondent.

12 (15) Prohibition of access to records. If an order of

13 protection prohibits respondent from having contact with

14 the minor child, or if petitioner's address is omitted

15 under subsection (b) of Section 203, or if necessary to

16 prevent abuse or wrongful removal or concealment of a minor

17 child, the order shall deny respondent access to, and

18 prohibit respondent from inspecting, obtaining, or

19 attempting to inspect or obtain, school or any other

20 records of the minor child who is in the care of

21 petitioner.

22 (16) Order for payment of shelter services. Order

23 respondent to reimburse a shelter providing temporary

24 housing and counseling services to the petitioner for the

25 cost of the services, as certified by the shelter and

26 deemed reasonable by the court.

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1 (17) Order for injunctive relief. Enter injunctive

2 relief necessary or appropriate to prevent further abuse of

3 a family or household member or further abuse, neglect, or

4 exploitation of a high-risk adult with disabilities or to

5 effectuate one of the granted remedies, if supported by the

6 balance of hardships. If the harm to be prevented by the

7 injunction is abuse or any other harm that one of the

8 remedies listed in paragraphs (1) through (16) of this

9 subsection is designed to prevent, no further evidence is

10 necessary that the harm is an irreparable injury.

11 (c) Relevant factors; findings.

12 (1) In determining whether to grant a specific remedy,

13 other than payment of support, the court shall consider

14 relevant factors, including but not limited to the

15 following:

16 (i) the nature, frequency, severity, pattern and

17 consequences of the respondent's past abuse, neglect

18 or exploitation of the petitioner or any family or

19 household member, including the concealment of his or

20 her location in order to evade service of process or

21 notice, and the likelihood of danger of future abuse,

22 neglect, or exploitation to petitioner or any member of

23 petitioner's or respondent's family or household; and

24 (ii) the danger that any minor child will be abused

25 or neglected or improperly removed from the

26 jurisdiction, improperly concealed within the State or

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1 improperly separated from the child's primary

2 caretaker.

3 (2) In comparing relative hardships resulting to the

4 parties from loss of possession of the family home, the

5 court shall consider relevant factors, including but not

6 limited to the following:

7 (i) availability, accessibility, cost, safety,

8 adequacy, location and other characteristics of

9 alternate housing for each party and any minor child or

10 dependent adult in the party's care;

11 (ii) the effect on the party's employment; and

12 (iii) the effect on the relationship of the party,

13 and any minor child or dependent adult in the party's

14 care, to family, school, church and community.

15 (3) Subject to the exceptions set forth in paragraph

16 (4) of this subsection, the court shall make its findings

17 in an official record or in writing, and shall at a minimum

18 set forth the following:

19 (i) That the court has considered the applicable

20 relevant factors described in paragraphs (1) and (2) of

21 this subsection.

22 (ii) Whether the conduct or actions of respondent,

23 unless prohibited, will likely cause irreparable harm

24 or continued abuse.

25 (iii) Whether it is necessary to grant the

26 requested relief in order to protect petitioner or

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1 other alleged abused persons.

2 (4) For purposes of issuing an ex parte emergency order

3 of protection, the court, as an alternative to or as a

4 supplement to making the findings described in paragraphs

5 (c)(3)(i) through (c)(3)(iii) of this subsection, may use

6 the following procedure:

7 When a verified petition for an emergency order of

8 protection in accordance with the requirements of Sections

9 203 and 217 is presented to the court, the court shall

10 examine petitioner on oath or affirmation. An emergency

11 order of protection shall be issued by the court if it

12 appears from the contents of the petition and the

13 examination of petitioner that the averments are

14 sufficient to indicate abuse by respondent and to support

15 the granting of relief under the issuance of the emergency

16 order of protection.

17 (5) Never married parties. No rights or

18 responsibilities for a minor child born outside of marriage

19 attach to a putative father until a father and child

20 relationship has been established under the Illinois

21 Parentage Act of 1984, the Illinois Public Aid Code,

22 Section 12 of the Vital Records Act, the Juvenile Court Act

23 of 1987, the Probate Act of 1985, the Revised Uniform

24 Reciprocal Enforcement of Support Act, the Uniform

25 Interstate Family Support Act, the Expedited Child Support

26 Act of 1990, any judicial, administrative, or other act of

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1 another state or territory, any other Illinois statute, or

2 by any foreign nation establishing the father and child

3 relationship, any other proceeding substantially in

4 conformity with the Personal Responsibility and Work

5 Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),

6 or where both parties appeared in open court or at an

7 administrative hearing acknowledging under oath or

8 admitting by affirmation the existence of a father and

9 child relationship. Absent such an adjudication, finding,

10 or acknowledgement, no putative father shall be granted

11 temporary custody of the minor child, visitation with the

12 minor child, or physical care and possession of the minor

13 child, nor shall an order of payment for support of the

14 minor child be entered.

15 (d) Balance of hardships; findings. If the court finds that

16 the balance of hardships does not support the granting of a

17 remedy governed by paragraph (2), (3), (10), (11), or (16) of

18 subsection (b) of this Section, which may require such

19 balancing, the court's findings shall so indicate and shall

20 include a finding as to whether granting the remedy will result

21 in hardship to respondent that would substantially outweigh the

22 hardship to petitioner from denial of the remedy. The findings

23 shall be an official record or in writing.

24 (e) Denial of remedies. Denial of any remedy shall not be

25 based, in whole or in part, on evidence that:

26 (1) Respondent has cause for any use of force, unless

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1 that cause satisfies the standards for justifiable use of

2 force provided by Article 7 of the Criminal Code of 2012;

3 (2) Respondent was voluntarily intoxicated;

4 (3) Petitioner acted in self-defense or defense of

5 another, provided that, if petitioner utilized force, such

6 force was justifiable under Article 7 of the Criminal Code

7 of 2012;

8 (4) Petitioner did not act in self-defense or defense

9 of another;

10 (5) Petitioner left the residence or household to avoid

11 further abuse, neglect, or exploitation by respondent;

12 (6) Petitioner did not leave the residence or household

13 to avoid further abuse, neglect, or exploitation by

14 respondent;

15 (7) Conduct by any family or household member excused

16 the abuse, neglect, or exploitation by respondent, unless

17 that same conduct would have excused such abuse, neglect,

18 or exploitation if the parties had not been family or

19 household members.

20 (Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;

21 97-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12;

22 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

23 Section 115. The Uniform Disposition of Unclaimed Property

24 Act is amended by changing Section 1 as follows:

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1 (765 ILCS 1025/1) (from Ch. 141, par. 101)

2 Sec. 1. As used in this Act, unless the context otherwise

3 requires:

4 (a) "Banking organization" means any bank, trust company,

5 savings bank, industrial bank, land bank, safe deposit company,

6 or a private banker.

7 (b) "Business association" means any corporation, joint

8 stock company, business trust, partnership, or any

9 association, limited liability company, or other business

10 entity consisting of one or more persons, whether or not for

11 profit.

12 (c) "Financial organization" means any savings and loan

13 association, building and loan association, credit union,

14 currency exchange, co-operative bank, mutual funds, or

15 investment company.

16 (d) "Holder" means any person in possession of property

17 subject to this Act belonging to another, or who is trustee in

18 case of a trust, or is indebted to another on an obligation

19 subject to this Act.

20 (e) "Life insurance corporation" means any association or

21 corporation transacting the business of insurance on the lives

22 of persons or insurance appertaining thereto, including, but

23 not by way of limitation, endowments and annuities.

24 (f) "Owner" means a depositor in case of a deposit, a

25 beneficiary in case of a trust, a creditor, claimant, or payee

26 in case of other property, or any person having a legal or

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1 equitable interest in property subject to this Act, or his

2 legal representative.

3 (g) "Person" means any individual, business association,

4 financial organization, government or political subdivision or

5 agency, public authority, estate, trust, or any other legal or

6 commercial entity.

7 (h) "Utility" means any person who owns or operates, for

8 public use, any plant, equipment, property, franchise, or

9 license for the transmission of communications or the

10 production, storage, transmission, sale, delivery, or

11 furnishing of electricity, water, steam, oil or gas.

12 (i) (Blank).

13 (j) "Insurance company" means any person transacting the

14 kinds of business enumerated in Section 4 of the Illinois

15 Insurance Code other than life insurance.

16 (k) "Economic loss", as used in Sections 2a and 9 of this

17 Act includes, but is not limited to, delivery charges,

18 mark-downs and write-offs, carrying costs, restocking charges,

19 lay-aways, special orders, issuance of credit memos, and the

20 costs of special services or goods provided that reduce the

21 property value or that result in lost sales opportunity.

22 (l) "Reportable property" means property, tangible or

23 intangible, presumed abandoned under this Act that must be

24 appropriately and timely reported and remitted to the Office of

25 the State Treasurer under this Act. Interest, dividends, stock

26 splits, warrants, or other rights that become reportable

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1 property under this Act include the underlying security or

2 commodity giving rise to the interest, dividend, split,

3 warrant, or other right to which the owner would be entitled.

4 (m) "Firearm" has the meaning ascribed to that term in

5 Section 2-7.5 of the Criminal Code of 2012~~the Firearm Owners~~

6 ~~Identification Card Act~~.

7 (Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748,

8 eff. 6-2-00.)

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1 INDEX

2 Statutes amended in order of appearance

3 5 ILCS 140/7.5

4 20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5

5 20 ILCS 2605/2605-300 was 20 ILCS 2605/55a in part

6 20 ILCS 2605/2605-595

7 20 ILCS 2605/2605-120 rep.

8 20 ILCS 2630/2.2

9 30 ILCS 105/6z-99

10 50 ILCS 710/1 from Ch. 85, par. 515

11 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6

12 105 ILCS 5/10-27.1A

13 105 ILCS 5/34-8.05

14 225 ILCS 210/2005 from Ch. 96 1/2, par. 1-2005

15 225 ILCS 447/35-30

16 225 ILCS 447/35-35

17 405 ILCS 5/6-103.1

18 405 ILCS 5/6-103.2

19 405 ILCS 5/6-103.3

20 410 ILCS 45/2 from Ch. 111 1/2, par. 1302

21 430 ILCS 65/Act rep.

22 430 ILCS 66/25

23 430 ILCS 66/30

24 430 ILCS 66/40

25 430 ILCS 66/70

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1 430 ILCS 66/80

2 430 ILCS 66/105

3 520 ILCS 5/3.2 from Ch. 61, par. 3.2

4 520 ILCS 5/3.2a from Ch. 61, par. 3.2a

5 705 ILCS 105/27.3a

6 720 ILCS 5/2-7.1

7 720 ILCS 5/2-7.5

8 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4

9 720 ILCS 5/16-0.1

10 720 ILCS 5/17-30 was 720 ILCS 5/16C-2

11 720 ILCS 5/24-1 from Ch. 38, par. 24-1

12 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1

13 720 ILCS 5/24-1.6

14 720 ILCS 5/24-1.8

15 720 ILCS 5/24-2

16 720 ILCS 5/24-3 from Ch. 38, par. 24-3

17 720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1

18 720 ILCS 5/24-3.2 from Ch. 38, par. 24-3.2

19 720 ILCS 5/24-3.4 from Ch. 38, par. 24-3.4

20 720 ILCS 5/24-3.5

21 720 ILCS 5/24-4.1

22 720 ILCS 5/24-4.5 new

23 720 ILCS 5/24-9

24 720 ILCS 646/10

25 725 ILCS 5/110-10 from Ch. 38, par. 110-10

26 725 ILCS 5/112A-11.1

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