100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0699

Introduced , by Rep. Jerry Lee Long

SYNOPSIS AS INTRODUCED:

See Index

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

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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. To the extent provided for

8 by the statutes referenced below, the following shall be exempt

9 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 Portability and

21 Accountability 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 100th 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 (bb) Information which is or was prohibited from

6 disclosure by the Juvenile Court Act of 1987.

7 (cc) Recordings made under the Law Enforcement

8 Officer-Worn Body Camera Act, except to the extent

9 authorized under that Act.

10 (dd) Information that is prohibited from being

11 disclosed under Section 45 of the Condominium and Common

12 Interest Community Ombudsperson Act.

13 (ee) ~~(dd)~~ Information that is exempted from disclosure

14 under Section 30.1 of the Pharmacy Practice Act.

15 (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,

16 eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;

17 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;

18 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.

19 8-19-16; revised 9-1-16.)

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

21 Administrative Code of Illinois is amended by changing Sections

22 2605-45, 2605-300, and 2605-595 as follows:

23 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)

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

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1 Administration shall exercise the following functions:

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

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

4 Budget Act.

5 (2) Pursue research and the publication of studies

6 pertaining to local law enforcement activities.

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

8 the Department by the Personnel Code.

9 (4) Operate an electronic data processing and computer

10 center for the storage and retrieval of data pertaining to

11 criminal activity.

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

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

14 State Police Act.

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

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

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

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

19 (6.5) (Blank). ~~Exercise the rights, powers, and duties~~

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

21 ~~Identification Card Act.~~

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

23 Director to fulfill the responsibilities and achieve the

24 purposes of the Department.

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

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1 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)

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

3 do the following:

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

5 statistics for the State.

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

7 information.

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

9 necessary and helpful to plan programs of crime prevention,

10 law enforcement, and criminal justice.

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

12 that may be required by law.

13 (5) Establish general and field crime laboratories.

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

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

16 ~~identification cards under the Firearm Owners~~

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

18 the Firearm Concealed Carry Act.

19 (7) Employ laboratory technicians and other specially

20 qualified persons to aid in the identification of criminal

21 activity, and may employ polygraph operators.

22 (8) Undertake other identification, information,

23 laboratory, statistical, or registration activities that

24 may be required by law.

25 (Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)

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1 (20 ILCS 2605/2605-595)

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

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

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

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

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

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

8 donations, appropriations, and any other legal source.

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

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

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

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

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

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

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

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

17 the improved efficiency and reporting of the LEADS and federal

18 NICS law enforcement data systems, and support for

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

20 surplus funds beyond what is needed to comply with the

21 aforementioned purposes shall be used by the Department to

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

23 criminal history background check system.

24 (c) Investment income that is attributable to the

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

26 for the uses specified in this Section.

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

2 (20 ILCS 2605/2605-120 rep.)

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

4 Administrative Code of Illinois is amended by repealing Section

5 2605-120.

6 Section 20. The Criminal Identification Act is amended by

7 changing Section 2.2 as follows:

8 (20 ILCS 2630/2.2)

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

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

11 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal

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

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

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

15 circuit court clerk shall include notification and a copy of

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

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

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

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

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

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

22 the Federal Bureau of Investigation in identifying persons

23 prohibited from purchasing and possessing a firearm pursuant to

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

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

3 record of arrest and conviction in the manner and form

4 prescribed by the Department of State Police.

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

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

7 Section 6z-99 as follows:

8 (30 ILCS 105/6z-99)

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

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

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

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

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

14 donations, appropriations, and any other legal source.

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

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

17 their respective duties of collecting and reporting data on

18 mental health records and ensuring that mental health firearm

19 possession prohibitors are enforced as set forth under the

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

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

22 necessary to ensure compliance with mental health reporting

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

24 Human Services for mental health treatment programs.

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1 (c) Investment income that is attributable to the

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

3 for the uses specified in this Section.

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

5 Section 30. The Peace Officer Firearm Training Act is

6 amended by changing Section 1 as follows:

7 (50 ILCS 710/1) (from Ch. 85, par. 515)

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

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

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

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

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

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

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

15 officers qualified under federal law to carry a concealed

16 weapon.

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

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

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

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

21 Criminal Code of 2012.

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

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

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

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

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

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

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

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

6 10-22.6, 10-27.1A and 34-8.05 as follows:

7 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)

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

9 searches.

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

11 misconduct, including gross disobedience or misconduct

12 perpetuated by electronic means, pursuant to subsection (b-20)

13 of this Section, and no action shall lie against them for such

14 expulsion. Expulsion shall take place only after the parents

15 have been requested to appear at a meeting of the board, or

16 with a hearing officer appointed by it, to discuss their

17 child's behavior. Such request shall be made by registered or

18 certified mail and shall state the time, place and purpose of

19 the meeting. The board, or a hearing officer appointed by it,

20 at such meeting shall state the reasons for dismissal and the

21 date on which the expulsion is to become effective. If a

22 hearing officer is appointed by the board he shall report to

23 the board a written summary of the evidence heard at the

24 meeting and the board may take such action thereon as it finds

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1 appropriate. If the board acts to expel a pupil, the written

2 expulsion decision shall detail the specific reasons why

3 removing the pupil from the learning environment is in the best

4 interest of the school. The expulsion decision shall also

5 include a rationale as to the specific duration of the

6 expulsion. An expelled pupil may be immediately transferred to

7 an alternative program in the manner provided in Article 13A or

8 13B of this Code. A pupil must not be denied transfer because

9 of the expulsion, except in cases in which such transfer is

10 deemed to cause a threat to the safety of students or staff in

11 the alternative program.

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

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

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

15 disobedience or misconduct, or to suspend pupils guilty of

16 gross disobedience or misconduct on the school bus from riding

17 the school bus, pursuant to subsections (b-15) and (b-20) of

18 this Section, and no action shall lie against them for such

19 suspension. The board may by policy authorize the

20 superintendent of the district or the principal, assistant

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

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

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

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

25 10 school days for safety reasons.

26 Any suspension shall be reported immediately to the parents

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1 or guardian of a pupil along with a full statement of the

2 reasons for such suspension and a notice of their right to a

3 review. The school board must be given a summary of the notice,

4 including the reason for the suspension and the suspension

5 length. Upon request of the parents or guardian the school

6 board or a hearing officer appointed by it shall review such

7 action of the superintendent or principal, assistant

8 principal, or dean of students. At such review the parents or

9 guardian of the pupil may appear and discuss the suspension

10 with the board or its hearing officer. If a hearing officer is

11 appointed by the board he shall report to the board a written

12 summary of the evidence heard at the meeting. After its hearing

13 or upon receipt of the written report of its hearing officer,

14 the board may take such action as it finds appropriate. If a

15 student is suspended pursuant to this subsection (b), the board

16 shall, in the written suspension decision, detail the specific

17 act of gross disobedience or misconduct resulting in the

18 decision to suspend. The suspension decision shall also include

19 a rationale as to the specific duration of the suspension. A

20 pupil who is suspended in excess of 20 school days may be

21 immediately transferred to an alternative program in the manner

22 provided in Article 13A or 13B of this Code. A pupil must not

23 be denied transfer because of the suspension, except in cases

24 in which such transfer is deemed to cause a threat to the

25 safety of students or staff in the alternative program.

26 (b-5) Among the many possible disciplinary interventions

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1 and consequences available to school officials, school

2 exclusions, such as out-of-school suspensions and expulsions,

3 are the most serious. School officials shall limit the number

4 and duration of expulsions and suspensions to the greatest

5 extent practicable, and it is recommended that they use them

6 only for legitimate educational purposes. To ensure that

7 students are not excluded from school unnecessarily, it is

8 recommended that school officials consider forms of

9 non-exclusionary discipline prior to using out-of-school

10 suspensions or expulsions.

11 (b-10) Unless otherwise required by federal law or this

12 Code, school boards may not institute zero-tolerance policies

13 by which school administrators are required to suspend or expel

14 students for particular behaviors.

15 (b-15) Out-of-school suspensions of 3 days or less may be

16 used only if the student's continuing presence in school would

17 pose a threat to school safety or a disruption to other

18 students' learning opportunities. For purposes of this

19 subsection (b-15), "threat to school safety or a disruption to

20 other students' learning opportunities" shall be determined on

21 a case-by-case basis by the school board or its designee.

22 School officials shall make all reasonable efforts to resolve

23 such threats, address such disruptions, and minimize the length

24 of suspensions to the greatest extent practicable.

25 (b-20) Unless otherwise required by this Code,

26 out-of-school suspensions of longer than 3 days, expulsions,

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1 and disciplinary removals to alternative schools may be used

2 only if other appropriate and available behavioral and

3 disciplinary interventions have been exhausted and the

4 student's continuing presence in school would either (i) pose a

5 threat to the safety of other students, staff, or members of

6 the school community or (ii) substantially disrupt, impede, or

7 interfere with the operation of the school. For purposes of

8 this subsection (b-20), "threat to the safety of other

9 students, staff, or members of the school community" and

10 "substantially disrupt, impede, or interfere with the

11 operation of the school" shall be determined on a case-by-case

12 basis by school officials. For purposes of this subsection

13 (b-20), the determination of whether "appropriate and

14 available behavioral and disciplinary interventions have been

15 exhausted" shall be made by school officials. School officials

16 shall make all reasonable efforts to resolve such threats,

17 address such disruptions, and minimize the length of student

18 exclusions to the greatest extent practicable. Within the

19 suspension decision described in subsection (b) of this Section

20 or the expulsion decision described in subsection (a) of this

21 Section, it shall be documented whether other interventions

22 were attempted or whether it was determined that there were no

23 other appropriate and available interventions.

24 (b-25) Students who are suspended out-of-school for longer

25 than 4 school days shall be provided appropriate and available

26 support services during the period of their suspension. For

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1 purposes of this subsection (b-25), "appropriate and available

2 support services" shall be determined by school authorities.

3 Within the suspension decision described in subsection (b) of

4 this Section, it shall be documented whether such services are

5 to be provided or whether it was determined that there are no

6 such appropriate and available services.

7 A school district may refer students who are expelled to

8 appropriate and available support services.

9 A school district shall create a policy to facilitate the

10 re-engagement of students who are suspended out-of-school,

11 expelled, or returning from an alternative school setting.

12 (b-30) A school district shall create a policy by which

13 suspended pupils, including those pupils suspended from the

14 school bus who do not have alternate transportation to school,

15 shall have the opportunity to make up work for equivalent

16 academic credit. It shall be the responsibility of a pupil's

17 parent or guardian to notify school officials that a pupil

18 suspended from the school bus does not have alternate

19 transportation to school.

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

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

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

23 for expulsion or suspension.

24 (c-5) School districts shall make reasonable efforts to

25 provide ongoing professional development to teachers,

26 administrators, school board members, school resource

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1 officers, and staff on the adverse consequences of school

2 exclusion and justice-system involvement, effective classroom

3 management strategies, culturally responsive discipline, and

4 developmentally appropriate disciplinary methods that promote

5 positive and healthy school climates.

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

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

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

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

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

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

12 less than one year:

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

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

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

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

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

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

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

20 superintendent, and the superintendent's determination may

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

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

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

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

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

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

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

2 the superintendent, and the superintendent's determination

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

4 Expulsion or suspension shall be construed in a manner

5 consistent with the Federal Individuals with Disabilities

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

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

8 transfer to an alternative school program in accordance with

9 Article 13A of the School Code.

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

11 superintendent of the district or the principal, assistant

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

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

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

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

16 that student has been determined to have made an explicit

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

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

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

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

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

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

23 threat could be reasonably interpreted as threatening to the

24 safety and security of the threatened individual because of his

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

26 inside the school.

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

2 authorities may inspect and search places and areas such as

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

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

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

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

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

8 Assembly finds that students have no reasonable expectation of

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

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

11 the assistance of law enforcement officials for the purpose of

12 conducting inspections and searches of lockers, desks, parking

13 lots, and other school property and equipment owned or

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

15 illegal or dangerous substances or materials, including

16 searches conducted through the use of specially trained dogs.

17 If a search conducted in accordance with this Section produces

18 evidence that the student has violated or is violating either

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

20 such evidence may be seized by school authorities, and

21 disciplinary action may be taken. School authorities may also

22 turn over such evidence to law enforcement authorities.

23 (f) Suspension or expulsion may include suspension or

24 expulsion from school and all school activities and a

25 prohibition from being present on school grounds.

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

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

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

3 student must complete the entire term of the suspension or

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

5 this Code or an alternative learning opportunities program

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

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

8 or staff in the alternative program.

9 (h) School officials shall not advise or encourage students

10 to drop out voluntarily due to behavioral or academic

11 difficulties.

12 (i) A student may not be issued a monetary fine or fee as a

13 disciplinary consequence, though this shall not preclude

14 requiring a student to provide restitution for lost, stolen, or

15 damaged property.

16 (j) Subsections (a) through (i) of this Section shall apply

17 to elementary and secondary schools, charter schools, special

18 charter districts, and school districts organized under

19 Article 34 of this Code.

20 (Source: P.A. 99-456, eff. 9-15-16.)

21 (105 ILCS 5/10-27.1A)

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

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

24 counselors, and support staff, shall immediately notify the

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

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

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

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

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

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

6 or welfare of students under the direct supervision of the

7 school official or of the school official is immediately

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

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

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

11 not required by this Section when the school official knows

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

13 enforcement official engaged in the conduct of his or her

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

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

16 any civil or criminal liability that might otherwise be

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

18 school official making such report shall not be disclosed

19 except as expressly and specifically authorized by law.

20 Knowingly and willfully failing to comply with this Section is

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

22 misdemeanor.

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

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

25 principal or his or her designee shall immediately notify a

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

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

2 principal or his or her designee shall also immediately notify

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

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

5 Section shall have immunity from any civil or criminal

6 liability that might otherwise be incurred or imposed as a

7 result of making the reports. Knowingly and willfully failing

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

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

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

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

12 such time as the agency makes a determination pursuant to

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

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

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

16 determines that probable cause exists to believe that the minor

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

18 24-1 of the Criminal Code of 2012 while on school grounds, the

19 agency shall detain the minor for processing pursuant to

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

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

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

23 regarding a verified incident involving a firearm in a school

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

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

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

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1 designee shall report all such firearm-related incidents

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

3 enforcement authorities immediately and to the Department of

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

5 the Department of State Police.

6 The State Board of Education shall receive an annual

7 statistical compilation and related data associated with

8 incidents involving firearms in schools from the Department of

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

10 information by school district and make it available to the

11 public.

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

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

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

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

16 or private elementary or secondary school.

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

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

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

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

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

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

23 (105 ILCS 5/34-8.05)

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

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

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1 verbal report from any school personnel regarding a verified

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

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

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

5 personnel, the general superintendent or his or her designee

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

7 school or on school property to the local law enforcement

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

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

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

11 Police.

12 The State Board of Education shall receive an annual

13 statistical compilation and related data associated with

14 incidents involving firearms in schools from the Department of

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

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

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

18 ~~Card Act~~.

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

20 Section 40. The Illinois Explosives Act is amended by

21 changing Section 2005 as follows:

22 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)

23 Sec. 2005. Qualifications for licensure.

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

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1 (1) is under 21 years of age;

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

3 punishable by imprisonment for a term exceeding one year;

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

5 imprisonment for a term exceeding one year;

6 (4) is a fugitive from justice;

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

8 controlled substance as defined in Section 102 of the

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

10 seq.);

11 (6) has been adjudicated a person with a mental

12 disability as defined in Section 6-103.1 of the Mental

13 Health and Developmental Disabilities Code ~~1.1 of the~~

14 ~~Firearm Owners Identification Card Act~~; or

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

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

17 disabilities" regarding criminal convictions and indictments,

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

19 845) may receive a license provided all other qualifications

20 under this Act are met.

21 (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)

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

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

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

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1 (225 ILCS 447/35-30)

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

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

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

5 permanent employee registration card. The holder of an agency

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

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

8 employees under the following provisions:

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

10 registration card who:

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

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

13 will include being armed.

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

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

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

17 including a traffic offense. Persons convicted of felonies

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

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

20 registration. The Department shall adopt rules for making

21 those determinations that shall afford the applicant due

22 process of law.

23 (4) Has had a license or permanent employee

24 registration card denied, suspended, or revoked under this

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

26 application for permanent employee registration card is

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

2 suspension, or revocation was based on any provision of

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

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

5 15-10, item (6) or (8) of subsection (a) of Section 20-10,

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

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

8 25-10, item (7) of subsection (a) of Section 30-10,

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

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

11 competent jurisdiction by reason of mental disease or

12 defect and has not been restored.

13 (6) Has been dishonorably discharged from the armed

14 services of the United States.

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

16 agency, private security contractor agency, private alarm

17 contractor agency, fingerprint vendor agency, or locksmith

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

19 furnished to the employer, on forms furnished by the

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

21 Statement" setting forth:

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

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

24 years immediately before the date of the execution of the

25 statement, the place where the business or occupation was

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

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

2 registration denied, revoked, or suspended under this Act

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

4 application for permanent employee registration card is

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

6 suspension, or revocation was based on any provision of

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

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

9 15-10, item (6) or (8) of subsection (a) of Section 20-10,

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

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

12 25-10, item (7) of subsection (a) of Section 30-10,

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

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

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

16 competent jurisdiction that has not been restored.

17 (6) Any dishonorable discharge from the armed services

18 of the United States.

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

20 rule of the Department to show the good character,

21 competency, and integrity of the person executing the

22 statement.

23 (c) Each applicant for a permanent employee registration

24 card shall have his or her fingerprints submitted to the

25 Department of State Police in an electronic format that

26 complies with the form and manner for requesting and furnishing

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1 criminal history record information as prescribed by the

2 Department of State Police. These fingerprints shall be checked

3 against the Department of State Police and Federal Bureau of

4 Investigation criminal history record databases now and

5 hereafter filed. The Department of State Police shall charge

6 applicants a fee for conducting the criminal history records

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

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

9 The Department of State Police shall furnish, pursuant to

10 positive identification, records of Illinois convictions to

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

12 separate fingerprinting fee, either to the Department or

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

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

15 designated vendor to provide his or her fingerprints in an

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

17 use other procedures in performing or obtaining criminal

18 background checks of applicants. Instead of submitting his or

19 her fingerprints, an individual may submit proof that is

20 satisfactory to the Department that an equivalent security

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

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

23 submit verification, on forms provided by the Department and

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

25 employment as a peace officer.

26 (d) The Department shall issue a permanent employee

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

2 qualified applicants. The holder of a permanent employee

3 registration card shall carry the card at all times while

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

5 employment. Expiration and requirements for renewal of

6 permanent employee registration cards shall be established by

7 rule of the Department. Possession of a permanent employee

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

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

10 registration card is accompanied by the employee

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

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

13 that is accessible to the duly authorized representatives of

14 the Department. The record shall contain the following

15 information:

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

17 the employee begins employment with the employer. The

18 photograph shall be replaced with a current photograph

19 every 3 calendar years.

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

21 (b) of this Section.

22 (3) All correspondence or documents relating to the

23 character and integrity of the employee received by the

24 employer from any official source or law enforcement

25 agency.

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

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1 identification card of that person issued under subsection

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

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

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

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

6 control card. Each employer shall maintain a record for

7 each armed employee of each instance in which the

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

9 or her professional duties or activities. The record shall

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

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

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

13 of the occurrence, the circumstances involved in the

14 occurrence, and any other information as the Department may

15 require. Failure to provide this information to the

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

17 each armed employee's permanent file is grounds for

18 disciplinary action. The Department, upon receipt of a

19 report, shall have the authority to make any investigation

20 it considers appropriate into any occurrence in which an

21 employee's weapon was discharged and to take disciplinary

22 action as may be appropriate.

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

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

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

26 valid permanent employee registration card by the

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1 Department.

2 The Department may, by rule, prescribe further record

3 requirements.

4 (f) Every employer shall furnish an employee

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

6 employee identification card shall contain a recent photograph

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

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

9 description, the signature of the employer, the signature of

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

11 identification card number.

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

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

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

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

16 applicant for registered employment to file with the Department

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

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

19 every employee who terminates employment with him or her.

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

21 names of all employees currently working in an armed capacity

22 and submit the roster to the Department on request.

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

24 activity under this Act unless the person possesses a valid

25 permanent employee registration card or a valid license under

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

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

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

3 the following conditions are met:

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

5 the Department an application for a permanent employee

6 registration card, including the required fingerprint

7 receipt and fees.

8 (2) The agency has verification from the Department

9 that the applicant has no record of any criminal conviction

10 pursuant to the criminal history check conducted by the

11 Department of State Police. The agency shall maintain the

12 verification of the results of the Department of State

13 Police criminal history check as part of the employee

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

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

16 the person is qualified under the requirements of the Act

17 to be issued a permanent employee registration card.

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

19 of all employees whose applications are currently pending

20 with the Department and submits the roster to the

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

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

23 An agency may employ only a permanent employee applicant

24 for which it either submitted a permanent employee application

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

26 Department that a permanent employee application and all

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

2 licensee or the permanent employee and all other requirements

3 of this Section are met.

4 The Department shall have the authority to revoke, without

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

6 upon receipt of Federal Bureau of Investigation fingerprint

7 data or a report of another official authority indicating a

8 criminal conviction. If the Department has not received a

9 temporary employee's Federal Bureau of Investigation

10 fingerprint data within 120 days of the date the Department

11 received the Department of State Police fingerprint data, the

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

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

14 individual and the employing agency.

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

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

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

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

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

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

21 applicant by the Department. Notice by the Department to the

22 agency, via certified mail, personal delivery, electronic

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

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

25 shall be deemed constructive knowledge of the conviction on the

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

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1 this subsection (k).

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

3 capacity if:

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

5 United States or any political subdivision for the time so

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

7 from the employer; or

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

9 uniform, emblem of authority, or equipment while so

10 employed.

11 (m) If information is discovered affecting the

12 registration of a person whose fingerprints were submitted

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

14 that submitted the fingerprints on behalf of that person.

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

16 this Section relating to permanent employee registration

17 cards. The agency shall remain responsible for any peace

18 officer employed under this exemption, regardless of whether

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

20 independent contractor and as further defined by rule.

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

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

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

24 not provide traditional security services are exempt from

25 employee registration. Examples of exempt employees include,

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

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

2 reception personnel. Confidential or security information is

3 that which pertains to employee files, scheduling, client

4 contracts, or technical security and alarm data.

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

6 religious exemption to the photograph requirement of this

7 Section shall furnish with the application an approved copy of

8 United States Department of the Treasury Internal Revenue

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

10 religious exemption to this photograph requirement shall

11 submit fingerprints in a form and manner prescribed by the

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

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

14 (225 ILCS 447/35-35)

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

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

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

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

19 those duties without complying with the provisions of this

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

21 the Department.

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

23 duties for which licensure or employee registration is required

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

25 complied with all the firearm training requirements of this

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

2 permits only the following to carry firearms while actually

3 engaged in the performance of their duties or while commuting

4 directly to or from their places of employment: persons

5 licensed as private detectives and their registered employees;

6 persons licensed as private security contractors and their

7 registered employees; persons licensed as private alarm

8 contractors and their registered employees; and employees of a

9 registered armed proprietary security force.

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

11 licensee or employee to carry a firearm not otherwise

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

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

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

15 employee's place or places of employment.

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

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

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

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

20 not prohibited under State or federal law from possessing a

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

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

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

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

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

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

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

2 where the licensee or employee received firearm instruction and

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

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

5 has been trained.

6 (e) Expiration and requirements for renewal of firearm

7 control cards shall be determined by rule.

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

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

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

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

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

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

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

15 firearm control card if the applicant or holder is prohibited

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

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

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

19 control card if the Secretary finds that its continued use

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

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

22 summarily suspends a firearm control card.

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

24 contrary, all requirements relating to firearms control cards

25 do not apply to a peace officer.

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

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

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

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

4 established armed account may, on forms supplied by the

5 Department, request the issuance of a temporary firearm control

6 card for each acquired employee who held a valid firearm

7 control card under his or her employment with the newly

8 acquired established armed account immediately preceding the

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

10 qualifications for issuance of a firearm control card set forth

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

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

13 temporary firearm control card.

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

15 to a licensed fingerprint vendor or a licensed locksmith or

16 employees of a licensed fingerprint vendor agency or a licensed

17 locksmith agency.

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

19 Section 50. The Mental Health and Developmental

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

21 6-103.2, and 6-103.3 as follows:

22 (405 ILCS 5/6-103.1)

23 Sec. 6-103.1. Adjudication as a person with a mental

24 disability. When a person has been adjudicated as a person with

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1 a mental disability ~~as defined in Section 1.1 of the Firearm~~

2 ~~Owners Identification Card Act~~, including, but not limited to,

3 an adjudication as a person with a disability as defined in

4 Section 11a-2 of the Probate Act of 1975, the court shall

5 direct the circuit court clerk to notify the Department of

6 State Police~~, Firearm Owner's Identification (FOID) Office~~, in

7 a form and manner prescribed by the Department of State Police,

8 and shall forward a copy of the court order to the Department

9 no later than 7 days after the entry of the order. Upon receipt

10 of the order, the Department of State Police shall provide

11 notification to the National Instant Criminal Background Check

12 System. For purposes of this Section, "has been adjudicated as

13 a mentally disabled person" means the person is the subject of

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

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

16 intelligence, or mental illness, mental impairment,

17 incompetency, condition, or disease:

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

19 herself, or to others;

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

21 affairs or is adjudicated a disabled person as defined in

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

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

24 insanity, mental disease or defect;

25 (3.5) is guilty but mentally ill, as provided in

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

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

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

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

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

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

6 of Section 5 of the Sexually Violent Persons Commitment

7 Act;

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

9 Dangerous Persons Act;

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

11 Act of 1987;

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

13 Juvenile Court Act of 1987;

14 (10) is subject to involuntary admission as an

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

16 and Developmental Disabilities Code;

17 (11) is subject to involuntary admission as an

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

19 Health and Developmental Disabilities Code;

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

21 Section 4-500 of the Mental Health and Developmental

22 Disabilities Code; or

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

24 Agreements on Sexually Dangerous Persons Act.

25 (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)

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1 (405 ILCS 5/6-103.2)

2 Sec. 6-103.2. Developmental disability; notice. If a

3 person 14 years old or older is determined to be a person with

4 a developmental disability by a physician, clinical

5 psychologist, or qualified examiner, the physician, clinical

6 psychologist, or qualified examiner shall notify the

7 Department of Human Services within 7 days of making the

8 determination that the person has a developmental disability.

9 The Department of Human Services shall immediately update its

10 records and information relating to mental health and

11 developmental disabilities, and if appropriate, shall notify

12 the Department of State Police in a form and manner prescribed

13 by the Department of State Police. Information disclosed under

14 this Section shall remain privileged and confidential, and

15 shall not be redisclosed, except as required under clause

16 (e)(2) of Section 24-4.5 of the Criminal Code of 2012

17 ~~subsection (e) of Section 3.1 of the Firearm Owners~~

18 ~~Identification Card Act~~, nor used for any other purpose. The

19 method of providing this information shall guarantee that the

20 information is not released beyond that which is necessary for

21 the purpose of this Section and shall be provided by rule by

22 the Department of Human Services. The identity of the person

23 reporting under this Section shall not be disclosed to the

24 subject of the report.

25 The physician, clinical psychologist, or qualified

26 examiner making the determination and his or her employer may

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

2 making or not making the notification required under this

3 Section, except for willful or wanton misconduct.

4 In this Section, "developmentally disabled" has the

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

6 Developmental Disabilities Confidentiality Act.

7 For purposes of this Section, "developmental disability"

8 means a disability which is attributable to any other condition

9 which results in impairment similar to that caused by an

10 intellectual disability and which requires services similar to

11 those required by intellectually disabled persons. The

12 disability must originate before the age of 18 years, be

13 expected to continue indefinitely, and constitute a

14 substantial disability. This disability results, in the

15 professional opinion of a physician, clinical psychologist, or

16 qualified examiner, in significant functional limitations in 3

17 or more of the following areas of major life activity:

18 (i) self-care;

19 (ii) receptive and expressive language;

20 (iii) learning;

21 (iv) mobility; or

22 (v) self-direction.

23 "Determined to be a person with a developmental disability

24 by a physician, clinical psychologist, or qualified examiner"

25 means in the professional opinion of the physician, clinical

26 psychologist, or qualified examiner, a person is diagnosed,

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1 assessed, or evaluated as having a developmental disability.

2 (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

3 eff. 7-27-15; 99-642, eff. 7-28-16.)

4 (405 ILCS 5/6-103.3)

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

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

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

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

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

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

11 physician, clinical psychologist, qualified examiner shall

12 notify the Department of Human Services and a law enforcement

13 official or school administrator shall notify the Department of

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

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

16 Human Services shall immediately update its records and

17 information relating to mental health and developmental

18 disabilities, and if appropriate, shall notify the Department

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

20 Department of State Police. Information disclosed under this

21 Section shall remain privileged and confidential, and shall not

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

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

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

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

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1 information shall guarantee that the information is not

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

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

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

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

6 The physician, clinical psychologist, qualified examiner, law

7 enforcement official, or school administrator making the

8 determination and his or her employer shall not be held

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

10 making the notification required under this Section, except for

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

12 law enforcement official, if making the notification under this

13 Section will interfere with an ongoing or pending criminal

14 investigation.

15 For the purposes of this Section:

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

17 (1) communicates a serious threat of physical

18 violence against a reasonably identifiable victim or

19 poses a clear and imminent risk of serious physical

20 injury to himself, herself, or another person as

21 determined by a physician, clinical psychologist, or

22 qualified examiner; or

23 (2) demonstrates threatening physical or verbal

24 behavior, such as violent, suicidal, or assaultive

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

26 physician, clinical psychologist, qualified examiner,

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1 school administrator, or law enforcement official.

2 "Physician", "clinical psychologist", and "qualified

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

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

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

6 ~~Identification Card Act~~.

7 "Determined to pose a clear and present danger to

8 himself, herself, or to others by a physician, clinical

9 psychologist, or qualified examiner" means in the

10 professional opinion of the physician, clinical

11 psychologist, or qualified examiner, a person poses a clear

12 and present danger.

13 "School administrator" means the person required to

14 report under the School Administrator Reporting of Mental

15 Health Clear and Present Danger Determinations Law.

16 (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

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

18 changing Section 2 as follows:

19 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)

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

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

22 care provider licensed by the Department of Children and Family

23 Services or public or private school structure frequented by

24 children 6 years of age or younger.

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1 "Childhood Lead Risk Questionnaire" means the

2 questionnaire developed by the Department for use by physicians

3 and other health care providers to determine risk factors for

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

5 as low risk for lead exposure.

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

7 health department approved by the Department to carry out the

8 provisions of this Act.

9 "Department" means the Department of Public Health.

10 "Director" means the Director of Public Health.

11 "Dwelling unit" means an individual unit within a

12 residential building used as living quarters for one household.

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

14 excess of those considered within the permissible limits as

15 established under State and federal rules.

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

17 a regulated facility.

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

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

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

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

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

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

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

25 percentage of housing determined as rental or vacant, proximity

26 to industry using lead, established incidence of elevated blood

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1 lead levels in children, percentage of population living below

2 200% of federal poverty guidelines, and number of children

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

4 "Lead abatement" means any approved work practices that

5 will permanently eliminate lead exposure or remove the

6 lead-bearing substances in a regulated facility. The

7 Department shall establish by rule which work practices are

8 approved or prohibited for lead abatement.

9 "Lead abatement contractor" means any person or entity

10 licensed by the Department to perform lead abatement and

11 mitigation.

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

13 lead abatement contractor and licensed by the Department to

14 perform lead abatement and lead mitigation and to supervise

15 lead workers who perform lead abatement and lead mitigation.

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

17 abatement contractor and licensed by the Department to perform

18 lead abatement and mitigation.

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

20 including, lead inspection, lead risk assessment, lead

21 mitigation, or lead abatement work or supervision in a

22 regulated facility.

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

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

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

26 any dust on surfaces or in furniture or other nonpermanent

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

2 surface coating material containing more than five-tenths of

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

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

5 lead-bearing substances containing greater than one milligram

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

7 residential paint as may be established by federal law or rule;

8 or more than 1 milligram per square centimeter in the dried

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

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

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

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

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

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

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

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

17 immediate health hazard to humans.

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

19 involves limited dust and paint sampling for lead-bearing

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

21 screening tool designed to determine if further lead

22 investigative services are required for the regulated

23 facility.

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

25 to determine the presence of lead-based paint.

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

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

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

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

4 conduct compliance investigations.

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

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

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

8 to humans.

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

10 levels in excess of those considered safe under State and

11 federal rules.

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

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

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

15 visual assessment associated with conducting a lead risk

16 assessment and lead hazard screen and all lead sampling

17 associated with compliance investigations.

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

19 trained by a Department-approved training program and is

20 licensed by the Department to conduct lead risk assessments,

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

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

23 lead-bearing substances; and to conduct compliance

24 investigations.

25 "Lead training program provider" means any person

26 providing Department-approved lead training in Illinois to

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1 individuals seeking licensure in accordance with the Act.

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

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

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

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

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

7 with others:

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

9 without actual possession of the regulated facility, or

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

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

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

13 owner.

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

15 limited liability company, corporation, association, joint

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

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

18 representative, agent, or assign.

19 "Regulated facility" means a residential building or child

20 care facility.

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

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

23 habitation; common areas accessible by inhabitants; and the

24 surrounding property or structures.

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

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1 (430 ILCS 65/Act rep.)

2 Section 60. The Firearm Owners Identification Card Act is

3 repealed.

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

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

6 (430 ILCS 66/25)

7 Sec. 25. Qualifications for a license.

8 The Department shall issue a license to an applicant

9 completing an application in accordance with Section 30 of this

10 Act if the person:

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

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

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

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

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

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

17 from possessing or receiving a firearm;

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

19 State or in any other state of:

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

21 physical force or violence to any person within the 5

22 years preceding the date of the license application; or

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

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

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1 intoxicating compound or compounds, or any combination

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

3 license application;

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

5 prosecution, or proceeding for an offense or action that

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

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

8 treatment for alcoholism, alcohol detoxification, or drug

9 treatment within the 5 years immediately preceding the date

10 of the license application; and

11 (6) has completed firearms training and any education

12 component required under Section 75 of this Act.

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

14 (430 ILCS 66/30)

15 Sec. 30. Contents of license application.

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

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

18 Department and shall be accompanied by the documentation

19 required in this Section and the applicable fee. Each

20 application form shall include the following statement printed

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

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

23 Code of 2012."

24 (b) The application shall contain the following:

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

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

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

3 used or identified with, and any address where the

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

5 preceding the date of the license application;

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

7 valid state identification card number;

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

9 confidentiality rights and privileges under all federal

10 and state laws, including those limiting access to juvenile

11 court, criminal justice, psychological, or psychiatric

12 records or records relating to any institutionalization of

13 the applicant, and an affirmative request that a person

14 having custody of any of these records provide it or

15 information concerning it to the Department. The waiver

16 only applies to records sought in connection with

17 determining whether the applicant qualifies for a license

18 to carry a concealed firearm under this Act~~, or whether the~~

19 ~~applicant remains in compliance with the Firearm Owners~~

20 ~~Identification Card Act~~;

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

22 under State or federal law from possessing or receiving a

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

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

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

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

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1 ~~application~~;

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

3 convicted or found guilty of:

4 (A) a felony;

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

6 physical force or violence to any person within the 5

7 years preceding the date of the application; or

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

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

10 intoxicating compound or compounds, or any combination

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

12 license application; and

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

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

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

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

17 test;

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

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

20 Illinois identification card photograph and signature;

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

22 Department in electronic format, provided the Department

23 may accept an application submitted without a set of

24 fingerprints in which case the Department shall be granted

25 30 days in addition to the 90 days provided under

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

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1 license;

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

3 specified by the Department taken within the 30 days

4 preceding the date of the license application; and

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

6 of compliance with the training requirements under this

7 Act.

8 (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

9 (430 ILCS 66/40)

10 Sec. 40. Non-resident license applications.

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

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

13 days and resides in another state or territory.

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

15 license applications from any state or territory of the United

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

17 carrying, that are substantially similar to the requirements to

18 obtain a license under this Act.

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

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

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

22 Department and must meet all of the qualifications established

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

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

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

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1 applicant shall submit:

2 (1) the application and documentation required under

3 Section 30 of this Act and the applicable fee;

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

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

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

7 possess a firearm;

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

9 a firearm or concealed firearm issued by his or her

10 state or territory of residence and attach a copy of

11 the license or permit to the application;

12 (C) understands Illinois laws pertaining to the

13 possession and transport of firearms; and

14 (D) acknowledges that the applicant is subject to

15 the jurisdiction of the Department and Illinois courts

16 for any violation of this Act;

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

18 of compliance with the training requirements under Section

19 75 of this Act; and

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

21 specified by the Department taken within the 30 days

22 preceding the date of the application.

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

24 identification card, a non-resident applicant shall provide

25 similar documentation from his or her state or territory of

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

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

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

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

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

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

6 the Department shall ensure that the applicant would meet the

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

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

9 resident of this State.

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

11 transporting a concealed firearm within his or her vehicle in

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

13 vehicle and the non-resident:

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

15 firearm under federal law;

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

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

18 evidenced by the possession of a concealed carry license or

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

20 applicable; and

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

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

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

24 locked container within the vehicle in accordance with

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

26 (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,

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1 eff. 7-20-15.)

2 (430 ILCS 66/70)

3 Sec. 70. Violations.

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

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

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

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

8 ~~the eligibility requirements of the Firearm Owners~~

9 ~~Identification Card Act~~.

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

11 including an emergency order of protection, plenary order of

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

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

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

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

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

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

18 licensee, the licensee shall surrender the license, as

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

20 the law enforcement agency or entity serving process at the

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

22 enforcement agency, or entity responsible for serving the order

23 of protection shall notify the Department within 7 days and

24 transmit the license to the Department.

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

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1 unless the licensee has submitted an application to renew the

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

3 license under this Act.

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

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

6 intoxicating compound or combination of compounds, or any

7 combination thereof, under the standards set forth in

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

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

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

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

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

13 shall permanently revoke a license for a third violation.

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

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

16 or subsequent violation is a Class A misdemeanor. The

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

18 second violation and shall permanently revoke a license for 3

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

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

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

22 any applicable court costs or fees.

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

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

25 carry a concealed firearm shall only be subject to the

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

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

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

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

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

5 subsection, nothing in this subsection prohibits the licensee

6 from being subjected to penalties for violations other than

7 those specified in this Act.

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

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

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

11 concealed carry license to the local law enforcement agency

12 where the person resides. The local law enforcement agency

13 shall provide the licensee a receipt and transmit the concealed

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

15 licensee whose concealed carry license has been revoked,

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

17 this subsection, the law enforcement agency where the person

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

19 search for and seize the concealed carry license in the

20 possession and under the custody or control of the licensee

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

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

23 possession of a person whose license has been revoked,

24 suspended, or denied constitutes a sufficient basis for the

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

26 violation of this subsection is a Class A misdemeanor.

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

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

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

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

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

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

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

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

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

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

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

12 (i) A certified firearms instructor who knowingly provides

13 or offers to provide a false certification that an applicant

14 has completed firearms training as required under this Act is

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

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

17 The Department shall permanently revoke the firearms

18 instructor certification of a person convicted under this

19 subsection (i).

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

21 eff. 8-15-14.)

22 (430 ILCS 66/80)

23 Sec. 80. Certified firearms instructors.

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

25 Department shall begin approval of certified firearms

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1 instructors and enter certified firearms instructors into an

2 online registry on the Department's website.

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

4 shall not teach applicant training courses or advertise or

5 otherwise represent courses they teach as qualifying their

6 students to meet the requirements to receive a license under

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

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

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

10 instructor shall:

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

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

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

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

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

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

17 uniformly applied requirements established by the

18 Department.

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

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

21 of this Section, shall:

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

23 equivalency certificate; and

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

25 instructor certifications:

26 (A) certification from a law enforcement agency;

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1 (B) certification from a firearm instructor course

2 offered by a State or federal governmental agency;

3 (C) certification from a firearm instructor

4 qualification course offered by the Illinois Law

5 Enforcement Training Standards Board; or

6 (D) certification from an entity approved by the

7 Department that offers firearm instructor education

8 and training in the use and safety of firearms.

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

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

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

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

13 instructor certification revoked or denied by the Department.

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

15 eff. 1-1-15.)

16 (430 ILCS 66/105)

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

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

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

20 private elementary or secondary school or a public or private

21 community college, college, or university, or his or her

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

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

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

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

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1 Health and Developmental Disabilities Code. "Clear and present

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

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

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

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

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

7 Section 70. The Wildlife Code is amended by changing

8 Sections 3.2 and 3.2a as follows:

9 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)

10 Sec. 3.2. Hunting license; application; instruction.

11 Before the Department or any county, city, village, township,

12 incorporated town clerk or his duly designated agent or any

13 other person authorized or designated by the Department to

14 issue hunting licenses shall issue a hunting license to any

15 person, the person shall file his application with the

16 Department or other party authorized to issue licenses on a

17 form provided by the Department and further give definite proof

18 of identity and place of legal residence. Each clerk

19 designating agents to issue licenses and stamps shall furnish

20 the Department, within 10 days following the appointment, the

21 names and mailing addresses of the agents. Each clerk or his

22 duly designated agent shall be authorized to sell licenses and

23 stamps only within the territorial area for which he was

24 elected or appointed. No duly designated agent is authorized to

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1 furnish licenses or stamps for issuance by any other business

2 establishment. Each application shall be executed and sworn to

3 and shall set forth the name and description of the applicant

4 and place of residence.

5 No hunting license shall be issued to any person born on or

6 after January 1, 1980 unless he presents the person authorized

7 to issue the license evidence that he has held a hunting

8 license issued by the State of Illinois or another state in a

9 prior year, or a certificate of competency as provided in this

10 Section. Persons under 16 years of age may be issued a Lifetime

11 Hunting or Sportsmen's Combination License as provided under

12 Section 20-45 of the Fish and Aquatic Life Code but shall not

13 be entitled to hunt unless they have a certificate of

14 competency as provided in this Section and they shall have the

15 certificate in their possession while hunting.

16 The Department of Natural Resources shall authorize

17 personnel of the Department or certified volunteer instructors

18 to conduct courses, of not less than 10 hours in length, in

19 firearms and hunter safety, which may include training in bow

20 and arrow safety, at regularly specified intervals throughout

21 the State. Persons successfully completing the course shall

22 receive a certificate of competency. The Department of Natural

23 Resources may further cooperate with any reputable association

24 or organization in establishing courses if the organization has

25 as one of its objectives the promotion of safety in the

26 handling of firearms or bow and arrow.

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1 The Department of Natural Resources shall designate any

2 person found by it to be competent to give instruction in the

3 handling of firearms, hunter safety, and bow and arrow. The

4 persons so appointed shall give the course of instruction and

5 upon the successful completion shall issue to the person

6 instructed a certificate of competency in the safe handling of

7 firearms, hunter safety, and bow and arrow. No charge shall be

8 made for any course of instruction except for materials or

9 ammunition consumed. The Department of Natural Resources shall

10 furnish information on the requirements of hunter safety

11 education programs to be distributed free of charge to

12 applicants for hunting licenses by the persons appointed and

13 authorized to issue licenses. ~~Funds for the conducting of~~

14 ~~firearms and hunter safety courses shall be taken from the fee~~

15 ~~charged for the Firearm Owners Identification Card.~~

16 The fee for a hunting license to hunt all species for a

17 resident of Illinois is $12. For residents age 65 or older,

18 and, commencing with the 2012 license year, resident veterans

19 of the United States Armed Forces after returning from service

20 abroad or mobilization by the President of the United States,

21 the fee is one-half of the fee charged for a hunting license to

22 hunt all species for a resident of Illinois. Veterans must

23 provide to the Department, at one of the Department's 5

24 regional offices, verification of their service. The

25 Department shall establish what constitutes suitable

26 verification of service for the purpose of issuing resident

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1 veterans hunting licenses at a reduced fee. The fee for a

2 hunting license to hunt all species shall be $1 for residents

3 over 75 years of age. Nonresidents shall be charged $57 for a

4 hunting license.

5 Nonresidents may be issued a nonresident hunting license

6 for a period not to exceed 10 consecutive days' hunting in the

7 State and shall be charged a fee of $35.

8 A special nonresident hunting license authorizing a

9 nonresident to take game birds by hunting on a game breeding

10 and hunting preserve area only, established under Section 3.27,

11 shall be issued upon proper application being made and payment

12 of a fee equal to that for a resident hunting license. The

13 expiration date of this license shall be on the same date each

14 year that game breeding and hunting preserve area licenses

15 expire.

16 Each applicant for a State Migratory Waterfowl Stamp,

17 regardless of his residence or other condition, shall pay a fee

18 of $15 and shall receive a stamp. The fee for a State Migratory

19 Waterfowl Stamp shall be waived for residents over 75 years of

20 age. Except as provided under Section 20-45 of the Fish and

21 Aquatic Life Code, the stamp shall be signed by the person or

22 affixed to his license or permit in a space designated by the

23 Department for that purpose.

24 Each applicant for a State Habitat Stamp, regardless of his

25 residence or other condition, shall pay a fee of $5 and shall

26 receive a stamp. The fee for a State Habitat Stamp shall be

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1 waived for residents over 75 years of age. Except as provided

2 under Section 20-45 of the Fish and Aquatic Life Code, the

3 stamp shall be signed by the person or affixed to his license

4 or permit in a space designated by the Department for that

5 purpose.

6 Nothing in this Section shall be construed as to require

7 the purchase of more than one State Habitat Stamp by any person

8 in any one license year.

9 The fees for State Pheasant Stamps and State Furbearer

10 Stamps shall be waived for residents over 75 years of age.

11 The Department shall furnish the holders of hunting

12 licenses and stamps with an insignia as evidence of possession

13 of license, or license and stamp, as the Department may

14 consider advisable. The insignia shall be exhibited and used as

15 the Department may order.

16 All other hunting licenses and all State stamps shall

17 expire upon March 31 of each year.

18 Every person holding any license, permit, or stamp issued

19 under the provisions of this Act shall have it in his

20 possession for immediate presentation for inspection to the

21 officers and authorized employees of the Department, any

22 sheriff, deputy sheriff, or any other peace officer making a

23 demand for it. This provision shall not apply to Department

24 owned or managed sites where it is required that all hunters

25 deposit their license or ~~,~~permit~~, or Firearm Owner's~~

26 ~~Identification Card~~at the check station upon entering the

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1 hunting areas.

2 (Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)

3 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)

4 Sec. 3.2a. Every person holding any license, permit or

5 stamp issued under the provisions hereof shall have it in his

6 possession for immediate presentation for inspection to the

7 officers and authorized employees of the Department, any

8 sheriff, deputy sheriff or any other peace officer making a

9 demand for it. This provision shall not apply to Department

10 owned or managed sites where it is required that all hunters

11 deposit their license or ~~,~~ permit ~~or Firearm Owner's~~

12 ~~Identification Card~~ at the check station upon entering the

13 hunting areas.

14 (Source: P.A. 85-152.)

15 Section 75. The Clerks of Courts Act is amended by changing

16 Section 27.3a as follows:

17 (705 ILCS 105/27.3a)

18 Sec. 27.3a. Fees for automated record keeping, probation

19 and court services operations, State and Conservation Police

20 operations, and e-business programs.

21 1. The expense of establishing and maintaining automated

22 record keeping systems in the offices of the clerks of the

23 circuit court shall be borne by the county. To defray such

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1 expense in any county having established such an automated

2 system or which elects to establish such a system, the county

3 board may require the clerk of the circuit court in their

4 county to charge and collect a court automation fee of not less

5 than $1 nor more than $25 to be charged and collected by the

6 clerk of the court. Such fee shall be paid at the time of

7 filing the first pleading, paper or other appearance filed by

8 each party in all civil cases or by the defendant in any

9 felony, traffic, misdemeanor, municipal ordinance, or

10 conservation case upon a judgment of guilty or grant of

11 supervision, provided that the record keeping system which

12 processes the case category for which the fee is charged is

13 automated or has been approved for automation by the county

14 board, and provided further that no additional fee shall be

15 required if more than one party is presented in a single

16 pleading, paper or other appearance. Such fee shall be

17 collected in the manner in which all other fees or costs are

18 collected.

19 1.1. Starting on July 6, 2012 (the effective date of Public

20 Act 97-761) and pursuant to an administrative order from the

21 chief judge of the circuit or the presiding judge of the county

22 authorizing such collection, a clerk of the circuit court in

23 any county that imposes a fee pursuant to subsection 1 of this

24 Section shall also charge and collect an additional $10

25 operations fee for probation and court services department

26 operations.

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1 This additional fee shall be paid by the defendant in any

2 felony, traffic, misdemeanor, local ordinance, or conservation

3 case upon a judgment of guilty or grant of supervision, except

4 such $10 operations fee shall not be charged and collected in

5 cases governed by Supreme Court Rule 529 in which the bail

6 amount is $120 or less.

7 1.2. With respect to the fee imposed and collected under

8 subsection 1.1 of this Section, each clerk shall transfer all

9 fees monthly to the county treasurer for deposit into the

10 probation and court services fund created under Section 15.1 of

11 the Probation and Probation Officers Act, and such monies shall

12 be disbursed from the fund only at the direction of the chief

13 judge of the circuit or another judge designated by the Chief

14 Circuit Judge in accordance with the policies and guidelines

15 approved by the Supreme Court.

16 1.5. Starting on June 1, 2014, a clerk of the circuit court

17 in any county that imposes a fee pursuant to subsection 1 of

18 this Section, shall charge and collect an additional fee in an

19 amount equal to the amount of the fee imposed pursuant to

20 subsection 1 of this Section, except the fee imposed under this

21 subsection may not be more than $15. This additional fee shall

22 be paid by the defendant in any felony, traffic, misdemeanor,

23 or local ordinance case upon a judgment of guilty or grant of

24 supervision. This fee shall not be paid by the defendant for

25 any violation listed in subsection 1.6 of this Section.

26 1.6. Starting on June 1, 2014, a clerk of the circuit court

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1 in any county that imposes a fee pursuant to subsection 1 of

2 this Section shall charge and collect an additional fee in an

3 amount equal to the amount of the fee imposed pursuant to

4 subsection 1 of this Section, except the fee imposed under this

5 subsection may not be more than $15. This additional fee shall

6 be paid by the defendant upon a judgment of guilty or grant of

7 supervision for a violation under the State Parks Act, the

8 Recreational Trails of Illinois Act, the Illinois Explosives

9 Act, the Timber Buyers Licensing Act, the Forest Products

10 Transportation Act, ~~the Firearm Owners Identification Card~~

11 ~~Act,~~ the Environmental Protection Act, the Fish and Aquatic

12 Life Code, the Wildlife Code, the Cave Protection Act, the

13 Illinois Exotic Weed Act, the Illinois Forestry Development

14 Act, the Ginseng Harvesting Act, the Illinois Lake Management

15 Program Act, the Illinois Natural Areas Preservation Act, the

16 Illinois Open Land Trust Act, the Open Space Lands Acquisition

17 and Development Act, the Illinois Prescribed Burning Act, the

18 State Forest Act, the Water Use Act of 1983, the Illinois

19 Veteran, Youth, and Young Adult Conservation Jobs Act, the

20 Snowmobile Registration and Safety Act, the Boat Registration

21 and Safety Act, the Illinois Dangerous Animals Act, the Hunter

22 and Fishermen Interference Prohibition Act, the Wrongful Tree

23 Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,

24 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of

25 the Illinois Vehicle Code, or Section 48-3 or 48-10 of the

26 Criminal Code of 2012.

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1 1.7. Starting on the 30th day after the effective date of

2 this amendatory Act of the 99th General Assembly, a clerk of

3 the circuit court in any county that imposes a fee pursuant to

4 subsection 1 of this Section shall also charge and collect an

5 additional $9 e-business fee. The fee shall be paid at the time

6 of filing the first pleading, paper, or other appearance filed

7 by each party in all civil cases, except no additional fee

8 shall be required if more than one party is presented in a

9 single pleading, paper, or other appearance. The fee shall be

10 collected in the manner in which all other fees or costs are

11 collected. The fee shall be in addition to all other fees and

12 charges of the clerk, and assessable as costs, and may be

13 waived only if the judge specifically provides for the waiver

14 of the e-business fee. The fee shall not be charged in any

15 matter coming to the clerk on a change of venue, nor in any

16 proceeding to review the decision of any administrative

17 officer, agency, or body.

18 2. With respect to the fee imposed under subsection 1 of

19 this Section, each clerk shall commence such charges and

20 collections upon receipt of written notice from the chairman of

21 the county board together with a certified copy of the board's

22 resolution, which the clerk shall file of record in his office.

23 3. With respect to the fee imposed under subsection 1 of

24 this Section, such fees shall be in addition to all other fees

25 and charges of such clerks, and assessable as costs, and may be

26 waived only if the judge specifically provides for the waiver

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1 of the court automation fee. The fees shall be remitted monthly

2 by such clerk to the county treasurer, to be retained by him in

3 a special fund designated as the court automation fund. The

4 fund shall be audited by the county auditor, and the board

5 shall make expenditure from the fund in payment of any cost

6 related to the automation of court records, including hardware,

7 software, research and development costs and personnel related

8 thereto, provided that the expenditure is approved by the clerk

9 of the court and by the chief judge of the circuit court or his

10 designate.

11 4. With respect to the fee imposed under subsection 1 of

12 this Section, such fees shall not be charged in any matter

13 coming to any such clerk on change of venue, nor in any

14 proceeding to review the decision of any administrative

15 officer, agency or body.

16 5. With respect to the additional fee imposed under

17 subsection 1.5 of this Section, the fee shall be remitted by

18 the circuit clerk to the State Treasurer within one month after

19 receipt for deposit into the State Police Operations Assistance

20 Fund.

21 6. With respect to the additional fees imposed under

22 subsection 1.5 of this Section, the Director of State Police

23 may direct the use of these fees for homeland security purposes

24 by transferring these fees on a quarterly basis from the State

25 Police Operations Assistance Fund into the Illinois Law

26 Enforcement Alarm Systems (ILEAS) Fund for homeland security

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1 initiatives programs. The transferred fees shall be allocated,

2 subject to the approval of the ILEAS Executive Board, as

3 follows: (i) 66.6% shall be used for homeland security

4 initiatives and (ii) 33.3% shall be used for airborne

5 operations. The ILEAS Executive Board shall annually supply the

6 Director of State Police with a report of the use of these

7 fees.

8 7. With respect to the additional fee imposed under

9 subsection 1.6 of this Section, the fee shall be remitted by

10 the circuit clerk to the State Treasurer within one month after

11 receipt for deposit into the Conservation Police Operations

12 Assistance Fund.

13 8. With respect to the fee imposed under subsection 1.7 of

14 this Section, the clerk shall remit the fee to the State

15 Treasurer within one month after receipt for deposit into the

16 Supreme Court Special Purposes Fund. Unless otherwise

17 authorized by this Act, the moneys deposited into the Supreme

18 Court Special Purposes Fund under this subsection are not

19 subject to administrative charges or chargebacks under Section

20 20 of the State Treasurer Act.

21 (Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14;

22 98-1016, eff. 8-22-14; 99-859, eff. 8-19-16.)

23 Section 80. The Criminal Code of 2012 is amended by

24 changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,

25 24-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,

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1 24-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as follows:

2 (720 ILCS 5/2-7.1)

3 Sec. 2-7.1. "Firearm~~"Firearm" and "firearm~~ ammunition".

4 "Firearm~~"Firearm" and "firearm~~ammunition"means any

5 self-contained cartridge or shotgun shell, by whatever name

6 known, which is designed to be used or adaptable to use in a

7 firearm; excluding, however:

8 (1) any ammunition exclusively designed for use with a

9 device used exclusively for signalling or safety and required

10 or recommended by the United States Coast Guard or the

11 Interstate Commerce Commission; and

12 (2) any ammunition designed exclusively for use with a stud

13 or rivet driver or other similar industrial ammunition~~have the~~

14 ~~meanings ascribed to them in Section 1.1 of the Firearm Owners~~

15 ~~Identification Card Act~~.

16 (Source: P.A. 91-544, eff. 1-1-00.)

17 (720 ILCS 5/2-7.5)

18 Sec. 2-7.5. "Firearm". Except as otherwise provided in a

19 specific Section, "firearm"means any device, by whatever name

20 known, which is designed to expel a projectile or projectiles

21 by the action of an explosion, expansion of gas or escape of

22 gas; excluding, however:

23 (1) any pneumatic gun, spring gun, paint ball gun, or B-B

24 gun which expels a single globular projectile not exceeding .18

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1 inch in diameter or which has a maximum muzzle velocity of less

2 than 700 feet per second;

3 (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B

4 gun which expels breakable paint balls containing washable

5 marking colors;

6 (2) any device used exclusively for signalling or safety

7 and required or recommended by the United States Coast Guard or

8 the Interstate Commerce Commission;

9 (3) any device used exclusively for the firing of stud

10 cartridges, explosive rivets, or similar industrial

11 ammunition; and

12 (4) an antique firearm (other than a machine-gun) which,

13 although designed as a weapon, the Department of State Police

14 finds by reason of the date of its manufacture, value, design,

15 and other characteristics is primarily a collector's item and

16 is not likely to be used as a weapon ~~has the meaning ascribed~~

17 ~~to it in Section 1.1 of the Firearm Owners Identification Card~~

18 ~~Act~~.

19 (Source: P.A. 95-331, eff. 8-21-07.)

20 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)

21 Sec. 12-3.05. Aggravated battery.

22 (a) Offense based on injury. A person commits aggravated

23 battery when, in committing a battery, other than by the

24 discharge of a firearm, he or she knowingly does any of the

25 following:

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1 (1) Causes great bodily harm or permanent disability or

2 disfigurement.

3 (2) Causes severe and permanent disability, great

4 bodily harm, or disfigurement by means of a caustic or

5 flammable substance, a poisonous gas, a deadly biological

6 or chemical contaminant or agent, a radioactive substance,

7 or a bomb or explosive compound.

8 (3) Causes great bodily harm or permanent disability or

9 disfigurement to an individual whom the person knows to be

10 a peace officer, community policing volunteer, fireman,

11 private security officer, correctional institution

12 employee, or Department of Human Services employee

13 supervising or controlling sexually dangerous persons or

14 sexually violent persons:

15 (i) performing his or her official duties;

16 (ii) battered to prevent performance of his or her

17 official duties; or

18 (iii) battered in retaliation for performing his

19 or her official duties.

20 (4) Causes great bodily harm or permanent disability or

21 disfigurement to an individual 60 years of age or older.

22 (5) Strangles another individual.

23 (b) Offense based on injury to a child or person with an

24 intellectual disability. A person who is at least 18 years of

25 age commits aggravated battery when, in committing a battery,

26 he or she knowingly and without legal justification by any

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1 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 person with a severe or profound intellectual

5 disability; or

6 (2) causes bodily harm or disability or disfigurement

7 to any child under the age of 13 years or to any person

8 with a severe or profound intellectual disability.

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 has a physical

21 disability.

22 (3) A teacher or school employee upon school grounds or

23 grounds adjacent to a school or in any part of a building

24 used for school purposes.

25 (4) A peace officer, community policing volunteer,

26 fireman, private security officer, correctional

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1 institution employee, or Department of Human Services

2 employee supervising or controlling sexually dangerous

3 persons or sexually violent persons:

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 (5) A judge, emergency management worker, emergency

10 medical services personnel, or utility worker:

11 (i) performing his or her official duties;

12 (ii) battered to prevent performance of his or her

13 official duties; or

14 (iii) battered in retaliation for performing his

15 or her official duties.

16 (6) An officer or employee of the State of Illinois, a

17 unit of local government, or a school district, while

18 performing his or her official duties.

19 (7) A transit employee performing his or her official

20 duties, or a transit passenger.

21 (8) A taxi driver on duty.

22 (9) A merchant who detains the person for an alleged

23 commission of retail theft under Section 16-26 of this Code

24 and the person without legal justification by any means

25 causes bodily harm to the merchant.

26 (10) A person authorized to serve process under Section

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1 2-202 of the Code of Civil Procedure or a special process

2 server appointed by the circuit court while that individual

3 is in the performance of his or her duties as a process

4 server.

5 (11) A nurse while in the performance of his or her

6 duties as a nurse.

7 (e) Offense based on use of a firearm. A person commits

8 aggravated battery when, in committing a battery, he or she

9 knowingly does any of the following:

10 (1) Discharges a firearm, other than a machine gun or a

11 firearm equipped with a silencer, and causes any injury to

12 another person.

13 (2) Discharges a firearm, other than a machine gun or a

14 firearm equipped with a silencer, and causes any injury to

15 a person he or she knows to be a peace officer, community

16 policing volunteer, person summoned by a police officer,

17 fireman, private security officer, correctional

18 institution employee, or emergency management worker:

19 (i) performing his or her official duties;

20 (ii) battered to prevent performance of his or her

21 official duties; or

22 (iii) battered in retaliation for performing his

23 or her official duties.

24 (3) Discharges a firearm, other than a machine gun or a

25 firearm equipped with a silencer, and causes any injury to

26 a person he or she knows to be emergency medical services

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1 personnel:

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 emergency medical services personnel:

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 (8) Discharges a machine gun or a firearm equipped with

9 a silencer, and causes any injury to a person he or she

10 knows to be a teacher, or a student in a school, or a

11 school employee, and the teacher, student, or employee is

12 upon school grounds or grounds adjacent to a school or in

13 any part of a building used for school purposes.

14 (f) Offense based on use of a weapon or device. A person

15 commits aggravated battery when, in committing a battery, he or

16 she does any of the following:

17 (1) Uses a deadly weapon other than by discharge of a

18 firearm, or uses an air rifle as defined in Section

19 24.8-0.1 of this Code.

20 (2) Wears a hood, robe, or mask to conceal his or her

21 identity.

22 (3) Knowingly and without lawful justification shines

23 or flashes a laser gunsight or other laser device attached

24 to a firearm, or used in concert with a firearm, so that

25 the laser beam strikes upon or against the person of

26 another.

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1 (4) Knowingly video or audio records the offense with

2 the intent to disseminate the recording.

3 (g) Offense based on certain conduct. A person commits

4 aggravated battery when, other than by discharge of a firearm,

5 he or she does any of the following:

6 (1) Violates Section 401 of the Illinois Controlled

7 Substances Act by unlawfully delivering a controlled

8 substance to another and any user experiences great bodily

9 harm or permanent disability as a result of the injection,

10 inhalation, or ingestion of any amount of the controlled

11 substance.

12 (2) Knowingly administers to an individual or causes

13 him or her to take, without his or her consent or by threat

14 or deception, and for other than medical purposes, any

15 intoxicating, poisonous, stupefying, narcotic, anesthetic,

16 or controlled substance, or gives to another person any

17 food containing any substance or object intended to cause

18 physical injury if eaten.

19 (3) Knowingly causes or attempts to cause a

20 correctional institution employee or Department of Human

21 Services employee to come into contact with blood, seminal

22 fluid, urine, or feces by throwing, tossing, or expelling

23 the fluid or material, and the person is an inmate of a

24 penal institution or is a sexually dangerous person or

25 sexually violent person in the custody of the Department of

26 Human Services.

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1 (h) Sentence. Unless otherwise provided, aggravated

2 battery is a Class 3 felony.

3 Aggravated battery as defined in subdivision (a)(4),

4 (d)(4), or (g)(3) is a Class 2 felony.

5 Aggravated battery as defined in subdivision (a)(3) or

6 (g)(1) is a Class 1 felony.

7 Aggravated battery as defined in subdivision (a)(1) is a

8 Class 1 felony when the aggravated battery was intentional and

9 involved the infliction of torture, as defined in paragraph

10 (14) of subsection (b) of Section 9-1 of this Code, as the

11 infliction of or subjection to extreme physical pain, motivated

12 by an intent to increase or prolong the pain, suffering, or

13 agony of the victim.

14 Aggravated battery under subdivision (a)(5) is a Class 1

15 felony if:

16 (A) the person used or attempted to use a dangerous

17 instrument while committing the offense; or

18 (B) the person caused great bodily harm or permanent

19 disability or disfigurement to the other person while

20 committing the offense; or

21 (C) the person has been previously convicted of a

22 violation of subdivision (a)(5) under the laws of this

23 State or laws similar to subdivision (a)(5) of any other

24 state.

25 Aggravated battery as defined in subdivision (e)(1) is a

26 Class X felony.

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1 Aggravated battery as defined in subdivision (a)(2) is a

2 Class X felony for which a person shall be sentenced to a term

3 of imprisonment of a minimum of 6 years and a maximum of 45

4 years.

5 Aggravated battery as defined in subdivision (e)(5) is a

6 Class X felony for which a person shall be sentenced to a term

7 of imprisonment of a minimum of 12 years and a maximum of 45

8 years.

9 Aggravated battery as defined in subdivision (e)(2),

10 (e)(3), or (e)(4) is a Class X felony for which a person shall

11 be sentenced to a term of imprisonment of a minimum of 15 years

12 and a maximum of 60 years.

13 Aggravated battery as defined in subdivision (e)(6),

14 (e)(7), or (e)(8) is a Class X felony for which a person shall

15 be sentenced to a term of imprisonment of a minimum of 20 years

16 and a maximum of 60 years.

17 Aggravated battery as defined in subdivision (b)(1) is a

18 Class X felony, except that:

19 (1) if the person committed the offense while armed

20 with a firearm, 15 years shall be added to the term of

21 imprisonment imposed by the court;

22 (2) if, during the commission of the offense, the

23 person personally discharged a firearm, 20 years shall be

24 added to the term of imprisonment imposed by the court;

25 (3) if, during the commission of the offense, the

26 person personally discharged a firearm that proximately

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1 caused great bodily harm, permanent disability, permanent

2 disfigurement, or death to another person, 25 years or up

3 to a term of natural life shall be added to the term of

4 imprisonment imposed by the court.

5 (i) Definitions. For the purposes of this Section:

6 "Building or other structure used to provide shelter" has

7 the meaning ascribed to "shelter" in Section 1 of the Domestic

8 Violence Shelters Act.

9 "Domestic violence" has the meaning ascribed to it in

10 Section 103 of the Illinois Domestic Violence Act of 1986.

11 "Domestic violence shelter" means any building or other

12 structure used to provide shelter or other services to victims

13 or to the dependent children of victims of domestic violence

14 pursuant to the Illinois Domestic Violence Act of 1986 or the

15 Domestic Violence Shelters Act, or any place within 500 feet of

16 such a building or other structure in the case of a person who

17 is going to or from such a building or other structure.

18 "Firearm" has the meaning provided under Section 2-7.5 of

19 this Code ~~1.1 of the Firearm Owners Identification Card Act~~,

20 and does not include an air rifle as defined by Section

21 24.8-0.1 of this Code.

22 "Machine gun" has the meaning ascribed to it in Section

23 24-1 of this Code.

24 "Merchant" has the meaning ascribed to it in Section 16-0.1

25 of this Code.

26 "Strangle" means intentionally impeding the normal

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1 breathing or circulation of the blood of an individual by

2 applying pressure on the throat or neck of that individual or

3 by blocking the nose or mouth of that individual.

4 (Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,

5 eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)

6 (720 ILCS 5/16-0.1)

7 Sec. 16-0.1. Definitions. In this Article, unless the

8 context clearly requires otherwise, the following terms are

9 defined as indicated:

10 "Access" means to use, instruct, communicate with, store

11 data in, retrieve or intercept data from, or otherwise utilize

12 any services of a computer.

13 "Coin-operated machine" includes any automatic vending

14 machine or any part thereof, parking meter, coin telephone,

15 coin-operated transit turnstile, transit fare box, coin

16 laundry machine, coin dry cleaning machine, amusement machine,

17 music machine, vending machine dispensing goods or services, or

18 money changer.

19 "Communication device" means any type of instrument,

20 device, machine, or equipment which is capable of transmitting,

21 acquiring, decrypting, or receiving any telephonic,

22 electronic, data, Internet access, audio, video, microwave, or

23 radio transmissions, signals, communications, or services,

24 including the receipt, acquisition, transmission, or

25 decryption of all such communications, transmissions, signals,

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1 or services provided by or through any cable television, fiber

2 optic, telephone, satellite, microwave, radio, Internet-based,

3 data transmission, or wireless distribution network, system or

4 facility; or any part, accessory, or component thereof,

5 including any computer circuit, security module, smart card,

6 software, computer chip, electronic mechanism or other

7 component, accessory or part of any communication device which

8 is capable of facilitating the transmission, decryption,

9 acquisition or reception of all such communications,

10 transmissions, signals, or services.

11 "Communication service" means any service lawfully

12 provided for a charge or compensation to facilitate the lawful

13 origination, transmission, emission, or reception of signs,

14 signals, data, writings, images, and sounds or intelligence of

15 any nature by telephone, including cellular telephones or a

16 wire, wireless, radio, electromagnetic, photo-electronic or

17 photo-optical system; and also any service lawfully provided by

18 any radio, telephone, cable television, fiber optic,

19 satellite, microwave, Internet-based or wireless distribution

20 network, system, facility or technology, including, but not

21 limited to, any and all electronic, data, video, audio,

22 Internet access, telephonic, microwave and radio

23 communications, transmissions, signals and services, and any

24 such communications, transmissions, signals and services

25 lawfully provided directly or indirectly by or through any of

26 those networks, systems, facilities or technologies.

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1 "Communication service provider" means: (1) any person or

2 entity providing any communication service, whether directly

3 or indirectly, as a reseller, including, but not limited to, a

4 cellular, paging or other wireless communications company or

5 other person or entity which, for a fee, supplies the facility,

6 cell site, mobile telephone switching office or other equipment

7 or communication service; (2) any person or entity owning or

8 operating any cable television, fiber optic, satellite,

9 telephone, wireless, microwave, radio, data transmission or

10 Internet-based distribution network, system or facility; and

11 (3) any person or entity providing any communication service

12 directly or indirectly by or through any such distribution

13 system, network or facility.

14 "Computer" means a device that accepts, processes, stores,

15 retrieves or outputs data, and includes but is not limited to

16 auxiliary storage and telecommunications devices connected to

17 computers.

18 "Continuing course of conduct" means a series of acts, and

19 the accompanying mental state necessary for the crime in

20 question, irrespective of whether the series of acts are

21 continuous or intermittent.

22 "Delivery container" means any bakery basket of wire or

23 plastic used to transport or store bread or bakery products,

24 any dairy case of wire or plastic used to transport or store

25 dairy products, and any dolly or cart of 2 or 4 wheels used to

26 transport or store any bakery or dairy product.

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1 "Document-making implement" means any implement,

2 impression, template, computer file, computer disc, electronic

3 device, computer hardware, computer software, instrument, or

4 device that is used to make a real or fictitious or fraudulent

5 personal identification document.

6 "Financial transaction device" means any of the following:

7 (1) An electronic funds transfer card.

8 (2) A credit card.

9 (3) A debit card.

10 (4) A point-of-sale card.

11 (5) Any instrument, device, card, plate, code, account

12 number, personal identification number, or a record or copy

13 of a code, account number, or personal identification

14 number or other means of access to a credit account or

15 deposit account, or a driver's license or State

16 identification card used to access a proprietary account,

17 other than access originated solely by a paper instrument,

18 that can be used alone or in conjunction with another

19 access device, for any of the following purposes:

20 (A) Obtaining money, cash refund or credit

21 account, credit, goods, services, or any other thing of

22 value.

23 (B) Certifying or guaranteeing to a person or

24 business the availability to the device holder of funds

25 on deposit to honor a draft or check payable to the

26 order of that person or business.

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1 (C) Providing the device holder access to a deposit

2 account for the purpose of making deposits,

3 withdrawing funds, transferring funds between deposit

4 accounts, obtaining information pertaining to a

5 deposit account, or making an electronic funds

6 transfer.

7 "Full retail value" means the merchant's stated or

8 advertised price of the merchandise. "Full retail value"

9 includes the aggregate value of property obtained from retail

10 thefts committed by the same person as part of a continuing

11 course of conduct from one or more mercantile establishments in

12 a single transaction or in separate transactions over a period

13 of one year.

14 "Internet" means an interactive computer service or system

15 or an information service, system, or access software provider

16 that provides or enables computer access by multiple users to a

17 computer server, and includes, but is not limited to, an

18 information service, system, or access software provider that

19 provides access to a network system commonly known as the

20 Internet, or any comparable system or service and also

21 includes, but is not limited to, a World Wide Web page,

22 newsgroup, message board, mailing list, or chat area on any

23 interactive computer service or system or other online service.

24 "Library card" means a card or plate issued by a library

25 facility for purposes of identifying the person to whom the

26 library card was issued as authorized to borrow library

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1 material, subject to all limitations and conditions imposed on

2 the borrowing by the library facility issuing such card.

3 "Library facility" includes any public library or museum,

4 or any library or museum of an educational, historical or

5 eleemosynary institution, organization or society.

6 "Library material" includes any book, plate, picture,

7 photograph, engraving, painting, sculpture, statue, artifact,

8 drawing, map, newspaper, pamphlet, broadside, magazine,

9 manuscript, document, letter, microfilm, sound recording,

10 audiovisual material, magnetic or other tape, electronic data

11 processing record or other documentary, written or printed

12 material regardless of physical form or characteristics, or any

13 part thereof, belonging to, or on loan to or otherwise in the

14 custody of a library facility.

15 "Manufacture or assembly of an unlawful access device"

16 means to make, produce or assemble an unlawful access device or

17 to modify, alter, program or re-program any instrument, device,

18 machine, equipment or software so that it is capable of

19 defeating or circumventing any technology, device or software

20 used by the provider, owner or licensee of a communication

21 service or of any data, audio or video programs or

22 transmissions to protect any such communication, data, audio or

23 video services, programs or transmissions from unauthorized

24 access, acquisition, disclosure, receipt, decryption,

25 communication, transmission or re-transmission.

26 "Manufacture or assembly of an unlawful communication

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1 device" means to make, produce or assemble an unlawful

2 communication or wireless device or to modify, alter, program

3 or reprogram a communication or wireless device to be capable

4 of acquiring, disrupting, receiving, transmitting, decrypting,

5 or facilitating the acquisition, disruption, receipt,

6 transmission or decryption of, a communication service without

7 the express consent or express authorization of the

8 communication service provider, or to knowingly assist others

9 in those activities.

10 "Master sound recording" means the original physical

11 object on which a given set of sounds were first recorded and

12 which the original object from which all subsequent sound

13 recordings embodying the same set of sounds are directly or

14 indirectly derived.

15 "Merchandise" means any item of tangible personal

16 property, including motor fuel.

17 "Merchant" means an owner or operator of any retail

18 mercantile establishment or any agent, employee, lessee,

19 consignee, officer, director, franchisee, or independent

20 contractor of the owner or operator. "Merchant" also means a

21 person who receives from an authorized user of a payment card,

22 or someone the person believes to be an authorized user, a

23 payment card or information from a payment card, or what the

24 person believes to be a payment card or information from a

25 payment card, as the instrument for obtaining, purchasing or

26 receiving goods, services, money, or anything else of value

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1 from the person.

2 "Motor fuel" means a liquid, regardless of its properties,

3 used to propel a vehicle, including gasoline and diesel.

4 "Online" means the use of any electronic or wireless device

5 to access the Internet.

6 "Payment card" means a credit card, charge card, debit

7 card, or any other card that is issued to an authorized card

8 user and that allows the user to obtain, purchase, or receive

9 goods, services, money, or anything else of value from a

10 merchant.

11 "Person with a disability" means a person who suffers from

12 a physical or mental impairment resulting from disease, injury,

13 functional disorder or congenital condition that impairs the

14 individual's mental or physical ability to independently

15 manage his or her property or financial resources, or both.

16 "Personal identification document" means a birth

17 certificate, a driver's license, a State identification card, a

18 public, government, or private employment identification card,

19 a social security card, a license issued under the Firearm

20 Concealed Carry Act ~~firearm owner's identification card~~, a

21 credit card, a debit card, or a passport issued to or on behalf

22 of a person other than the offender, or any document made or

23 issued, or falsely purported to have been made or issued, by or

24 under the authority of the United States Government, the State

25 of Illinois, or any other state political subdivision of any

26 state, or any other governmental or quasi-governmental

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1 organization that is of a type intended for the purpose of

2 identification of an individual, or any such document made or

3 altered in a manner that it falsely purports to have been made

4 on behalf of or issued to another person or by the authority of

5 one who did not give that authority.

6 "Personal identifying information" means any of the

7 following information:

8 (1) A person's name.

9 (2) A person's address.

10 (3) A person's date of birth.

11 (4) A person's telephone number.

12 (5) A person's driver's license number or State of

13 Illinois identification card as assigned by the Secretary

14 of State of the State of Illinois or a similar agency of

15 another state.

16 (6) A person's social security number.

17 (7) A person's public, private, or government

18 employer, place of employment, or employment

19 identification number.

20 (8) The maiden name of a person's mother.

21 (9) The number assigned to a person's depository

22 account, savings account, or brokerage account.

23 (10) The number assigned to a person's credit or debit

24 card, commonly known as a "Visa Card", "MasterCard",

25 "American Express Card", "Discover Card", or other similar

26 cards whether issued by a financial institution,

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1 corporation, or business entity.

2 (11) Personal identification numbers.

3 (12) Electronic identification numbers.

4 (13) Digital signals.

5 (14) User names, passwords, and any other word, number,

6 character or combination of the same usable in whole or

7 part to access information relating to a specific

8 individual, or to the actions taken, communications made or

9 received, or other activities or transactions of a specific

10 individual.

11 (15) Any other numbers or information which can be used

12 to access a person's financial resources, or to identify a

13 specific individual, or the actions taken, communications

14 made or received, or other activities or transactions of a

15 specific individual.

16 "Premises of a retail mercantile establishment" includes,

17 but is not limited to, the retail mercantile establishment; any

18 common use areas in shopping centers; and all parking areas set

19 aside by a merchant or on behalf of a merchant for the parking

20 of vehicles for the convenience of the patrons of such retail

21 mercantile establishment.

22 "Public water, gas, or power supply, or other public

23 services" mean any service subject to regulation by the

24 Illinois Commerce Commission; any service furnished by a public

25 utility that is owned and operated by any political

26 subdivision, public institution of higher education or

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1 municipal corporation of this State; any service furnished by

2 any public utility that is owned by such political subdivision,

3 public institution of higher education, or municipal

4 corporation and operated by any of its lessees or operating

5 agents; any service furnished by an electric cooperative as

6 defined in Section 3.4 of the Electric Supplier Act; or

7 wireless service or other service regulated by the Federal

8 Communications Commission.

9 "Publish" means to communicate or disseminate information

10 to any one or more persons, either orally, in person, or by

11 telephone, radio or television or in writing of any kind,

12 including, without limitation, a letter or memorandum,

13 circular or handbill, newspaper or magazine article or book.

14 "Radio frequency identification device" means any

15 implement, computer file, computer disc, electronic device,

16 computer hardware, computer software, or instrument that is

17 used to activate, read, receive, or decode information stored

18 on a RFID tag or transponder attached to a personal

19 identification document.

20 "RFID tag or transponder" means a chip or device that

21 contains personal identifying information from which the

22 personal identifying information can be read or decoded by

23 another device emitting a radio frequency that activates or

24 powers a radio frequency emission response from the chip or

25 transponder.

26 "Reencoder" means an electronic device that places encoded

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1 information from the magnetic strip or stripe of a payment card

2 onto the magnetic strip or stripe of a different payment card.

3 "Retail mercantile establishment" means any place where

4 merchandise is displayed, held, stored or offered for sale to

5 the public.

6 "Scanning device" means a scanner, reader, or any other

7 electronic device that is used to access, read, scan, obtain,

8 memorize, or store, temporarily or permanently, information

9 encoded on the magnetic strip or stripe of a payment card.

10 "Shopping cart" means those push carts of the type or types

11 which are commonly provided by grocery stores, drug stores or

12 other retail mercantile establishments for the use of the

13 public in transporting commodities in stores and markets and,

14 incidentally, from the stores to a place outside the store.

15 "Sound or audio visual recording" means any sound or audio

16 visual phonograph record, disc, pre-recorded tape, film, wire,

17 magnetic tape or other object, device or medium, now known or

18 hereafter invented, by which sounds or images may be reproduced

19 with or without the use of any additional machine, equipment or

20 device.

21 "Theft detection device remover" means any tool or device

22 specifically designed and intended to be used to remove any

23 theft detection device from any merchandise.

24 "Under-ring" means to cause the cash register or other

25 sales recording device to reflect less than the full retail

26 value of the merchandise.

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1 "Unidentified sound or audio visual recording" means a

2 sound or audio visual recording without the actual name and

3 full and correct street address of the manufacturer, and the

4 name of the actual performers or groups prominently and legibly

5 printed on the outside cover or jacket and on the label of such

6 sound or audio visual recording.

7 "Unlawful access device" means any type of instrument,

8 device, machine, equipment, technology, or software which is

9 primarily possessed, used, designed, assembled, manufactured,

10 sold, distributed or offered, promoted or advertised for the

11 purpose of defeating or circumventing any technology, device or

12 software, or any component or part thereof, used by the

13 provider, owner or licensee of any communication service or of

14 any data, audio or video programs or transmissions to protect

15 any such communication, audio or video services, programs or

16 transmissions from unauthorized access, acquisition, receipt,

17 decryption, disclosure, communication, transmission or

18 re-transmission.

19 "Unlawful communication device" means any electronic

20 serial number, mobile identification number, personal

21 identification number or any communication or wireless device

22 that is capable of acquiring or facilitating the acquisition of

23 a communication service without the express consent or express

24 authorization of the communication service provider, or that

25 has been altered, modified, programmed or reprogrammed, alone

26 or in conjunction with another communication or wireless device

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1 or other equipment, to so acquire or facilitate the

2 unauthorized acquisition of a communication service. "Unlawful

3 communication device" also means:

4 (1) any phone altered to obtain service without the

5 express consent or express authorization of the

6 communication service provider, tumbler phone, counterfeit

7 or clone phone, tumbler microchip, counterfeit or clone

8 microchip, scanning receiver of wireless communication

9 service or other instrument capable of disguising its

10 identity or location or of gaining unauthorized access to a

11 communications or wireless system operated by a

12 communication service provider; and

13 (2) any communication or wireless device which is

14 capable of, or has been altered, designed, modified,

15 programmed or reprogrammed, alone or in conjunction with

16 another communication or wireless device or devices, so as

17 to be capable of, facilitating the disruption,

18 acquisition, receipt, transmission or decryption of a

19 communication service without the express consent or

20 express authorization of the communication service

21 provider, including, but not limited to, any device,

22 technology, product, service, equipment, computer software

23 or component or part thereof, primarily distributed, sold,

24 designed, assembled, manufactured, modified, programmed,

25 reprogrammed or used for the purpose of providing the

26 unauthorized receipt of, transmission of, disruption of,

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1 decryption of, access to or acquisition of any

2 communication service provided by any communication

3 service provider.

4 "Vehicle" means a motor vehicle, motorcycle, or farm

5 implement that is self-propelled and that uses motor fuel for

6 propulsion.

7 "Wireless device" includes any type of instrument, device,

8 machine, or equipment that is capable of transmitting or

9 receiving telephonic, electronic or radio communications, or

10 any part of such instrument, device, machine, or equipment, or

11 any computer circuit, computer chip, electronic mechanism, or

12 other component that is capable of facilitating the

13 transmission or reception of telephonic, electronic, or radio

14 communications.

15 (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.

16 1-1-12; 97-1109, eff. 1-1-13.)

17 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)

18 Sec. 17-30. Defaced, altered, or removed manufacturer or

19 owner identification number.

20 (a) Unlawful sale of household appliances. A person commits

21 unlawful sale of household appliances when he or she knowingly,

22 with the intent to defraud or deceive another, keeps for sale,

23 within any commercial context, any household appliance with a

24 missing, defaced, obliterated, or otherwise altered

25 manufacturer's identification number.

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1 (b) Construction equipment identification defacement. A

2 person commits construction equipment identification

3 defacement when he or she knowingly changes, alters, removes,

4 mutilates, or obliterates a permanently affixed serial number,

5 product identification number, part number, component

6 identification number, owner-applied identification, or other

7 mark of identification attached to or stamped, inscribed,

8 molded, or etched into a machine or other equipment, whether

9 stationary or mobile or self-propelled, or a part of such

10 machine or equipment, used in the construction, maintenance, or

11 demolition of buildings, structures, bridges, tunnels, sewers,

12 utility pipes or lines, ditches or open cuts, roads, highways,

13 dams, airports, or waterways or in material handling for such

14 projects.

15 The trier of fact may infer that the defendant has

16 knowingly changed, altered, removed, or obliterated the serial

17 number, product identification number, part number, component

18 identification number, owner-applied identification number, or

19 other mark of identification, if the defendant was in

20 possession of any machine or other equipment or a part of such

21 machine or equipment used in the construction, maintenance, or

22 demolition of buildings, structures, bridges, tunnels, sewers,

23 utility pipes or lines, ditches or open cuts, roads, highways,

24 dams, airports, or waterways or in material handling for such

25 projects upon which any such serial number, product

26 identification number, part number, component identification

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1 number, owner-applied identification number, or other mark of

2 identification has been changed, altered, removed, or

3 obliterated.

4 (c) Defacement of manufacturer's serial number or

5 identification mark. A person commits defacement of a

6 manufacturer's serial number or identification mark when he or

7 she knowingly removes, alters, defaces, covers, or destroys the

8 manufacturer's serial number or any other manufacturer's

9 number or distinguishing identification mark upon any machine

10 or other article of merchandise, other than a motor vehicle as

11 defined in Section 1-146 of the Illinois Vehicle Code or a

12 firearm ~~as defined in the Firearm Owners Identification Card~~

13 ~~Act~~, with the intent of concealing or destroying the identity

14 of such machine or other article of merchandise.

15 (d) Sentence.

16 (1) A violation of subsection (a) of this Section is a

17 Class 4 felony if the value of the appliance or appliances

18 exceeds $1,000 and a Class B misdemeanor if the value of

19 the appliance or appliances is $1,000 or less.

20 (2) A violation of subsection (b) of this Section is a

21 Class A misdemeanor.

22 (3) A violation of subsection (c) of this Section is a

23 Class B misdemeanor.

24 (e) No liability shall be imposed upon any person for the

25 unintentional failure to comply with subsection (a).

26 (f) Definitions. In this Section:

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1 "Commercial context" means a continuing business

2 enterprise conducted for profit by any person whose primary

3 business is the wholesale or retail marketing of household

4 appliances, or a significant portion of whose business or

5 inventory consists of household appliances kept or sold on a

6 wholesale or retail basis.

7 "Household appliance" means any gas or electric device or

8 machine marketed for use as home entertainment or for

9 facilitating or expediting household tasks or chores. The term

10 shall include but not necessarily be limited to refrigerators,

11 freezers, ranges, radios, television sets, vacuum cleaners,

12 toasters, dishwashers, and other similar household items.

13 "Manufacturer's identification number" means any serial

14 number or other similar numerical or alphabetical designation

15 imprinted upon or attached to or placed, stamped, or otherwise

16 imprinted upon or attached to a household appliance or item by

17 the manufacturer for purposes of identifying a particular

18 appliance or item individually or by lot number.

19 (Source: P.A. 96-1551, eff. 7-1-11.)

20 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

21 Sec. 24-1. Unlawful use of weapons.

22 (a) A person commits the offense of unlawful use of weapons

23 when he knowingly:

24 (1) Sells, manufactures, purchases, possesses or

25 carries any bludgeon, black-jack, slung-shot, sand-club,

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1 sand-bag, metal knuckles or other knuckle weapon

2 regardless of its composition, throwing star, or any knife,

3 commonly referred to as a switchblade knife, which has a

4 blade that opens automatically by hand pressure applied to

5 a button, spring or other device in the handle of the

6 knife, or a ballistic knife, which is a device that propels

7 a knifelike blade as a projectile by means of a coil

8 spring, elastic material or compressed gas; or

9 (2) Carries or possesses with intent to use the same

10 unlawfully against another, a dagger, dirk, billy,

11 dangerous knife, razor, stiletto, broken bottle or other

12 piece of glass, stun gun or taser or any other dangerous or

13 deadly weapon or instrument of like character; or

14 (3) Carries on or about his person or in any vehicle, a

15 tear gas gun projector or bomb or any object containing

16 noxious liquid gas or substance, other than an object

17 containing a non-lethal noxious liquid gas or substance

18 designed solely for personal defense carried by a person 18

19 years of age or older; or

20 (4) Carries or possesses in any vehicle or concealed on

21 or about his person except when on his land or in his own

22 abode, legal dwelling, or fixed place of business, or on

23 the land or in the legal dwelling of another person as an

24 invitee with that person's permission, any pistol,

25 revolver, stun gun or taser or other firearm, except that

26 this subsection (a) (4) does not apply to or affect

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1 transportation of weapons that meet one of the following

2 conditions:

3 (i) are broken down in a non-functioning state; or

4 (ii) are not immediately accessible; or

5 (iii) are unloaded and enclosed in a case, firearm

6 carrying box, shipping box, or other container by a

7 person eligible under State and federal law to possess

8 a firearm ~~who has been issued a currently valid Firearm~~

9 ~~Owner's Identification Card~~; or

10 (iv) are carried or possessed in accordance with

11 the Firearm Concealed Carry Act by a person who has

12 been issued a currently valid license under the Firearm

13 Concealed Carry Act; or

14 (5) Sets a spring gun; or

15 (6) Possesses any device or attachment of any kind

16 designed, used or intended for use in silencing the report

17 of any firearm; or

18 (7) Sells, manufactures, purchases, possesses or

19 carries:

20 (i) a machine gun, which shall be defined for the

21 purposes of this subsection as any weapon, which

22 shoots, is designed to shoot, or can be readily

23 restored to shoot, automatically more than one shot

24 without manually reloading by a single function of the

25 trigger, including the frame or receiver of any such

26 weapon, or sells, manufactures, purchases, possesses,

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1 or carries any combination of parts designed or

2 intended for use in converting any weapon into a

3 machine gun, or any combination or parts from which a

4 machine gun can be assembled if such parts are in the

5 possession or under the control of a person;

6 (ii) any rifle having one or more barrels less than

7 16 inches in length or a shotgun having one or more

8 barrels less than 18 inches in length or any weapon

9 made from a rifle or shotgun, whether by alteration,

10 modification, or otherwise, if such a weapon as

11 modified has an overall length of less than 26 inches;

12 or

13 (iii) any bomb, bomb-shell, grenade, bottle or

14 other container containing an explosive substance of

15 over one-quarter ounce for like purposes, such as, but

16 not limited to, black powder bombs and Molotov

17 cocktails or artillery projectiles; or

18 (8) Carries or possesses any firearm, stun gun or taser

19 or other deadly weapon in any place which is licensed to

20 sell intoxicating beverages, or at any public gathering

21 held pursuant to a license issued by any governmental body

22 or any public gathering at which an admission is charged,

23 excluding a place where a showing, demonstration or lecture

24 involving the exhibition of unloaded firearms is

25 conducted.

26 This subsection (a)(8) does not apply to any auction or

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1 raffle of a firearm held pursuant to a license or permit

2 issued by a governmental body, nor does it apply to persons

3 engaged in firearm safety training courses; or

4 (9) Carries or possesses in a vehicle or on or about

5 his person any pistol, revolver, stun gun or taser or

6 firearm or ballistic knife, when he is hooded, robed or

7 masked in such manner as to conceal his identity; or

8 (10) Carries or possesses on or about his person, upon

9 any public street, alley, or other public lands within the

10 corporate limits of a city, village or incorporated town,

11 except when an invitee thereon or therein, for the purpose

12 of the display of such weapon or the lawful commerce in

13 weapons, or except when on his land or in his own abode,

14 legal dwelling, or fixed place of business, or on the land

15 or in the legal dwelling of another person as an invitee

16 with that person's permission, any pistol, revolver, stun

17 gun or taser or other firearm, except that this subsection

18 (a) (10) does not apply to or affect transportation of

19 weapons that meet one of the following conditions:

20 (i) are broken down in a non-functioning state; or

21 (ii) are not immediately accessible; or

22 (iii) are unloaded and enclosed in a case, firearm

23 carrying box, shipping box, or other container by a

24 person eligible under State and federal law to possess

25 a firearm ~~who has been issued a currently valid Firearm~~

26 ~~Owner's Identification Card~~; or

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1 (iv) are carried or possessed in accordance with

2 the Firearm Concealed Carry Act by a person who has

3 been issued a currently valid license under the Firearm

4 Concealed Carry Act.

5 A "stun gun or taser", as used in this paragraph (a)

6 means (i) any device which is powered by electrical

7 charging units, such as, batteries, and which fires one or

8 several barbs attached to a length of wire and which, upon

9 hitting a human, can send out a current capable of

10 disrupting the person's nervous system in such a manner as

11 to render him incapable of normal functioning or (ii) any

12 device which is powered by electrical charging units, such

13 as batteries, and which, upon contact with a human or

14 clothing worn by a human, can send out current capable of

15 disrupting the person's nervous system in such a manner as

16 to render him incapable of normal functioning; or

17 (11) Sells, manufactures or purchases any explosive

18 bullet. For purposes of this paragraph (a) "explosive

19 bullet" means the projectile portion of an ammunition

20 cartridge which contains or carries an explosive charge

21 which will explode upon contact with the flesh of a human

22 or an animal. "Cartridge" means a tubular metal case having

23 a projectile affixed at the front thereof and a cap or

24 primer at the rear end thereof, with the propellant

25 contained in such tube between the projectile and the cap;

26 or

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1 (12) (Blank); or

2 (13) Carries or possesses on or about his or her person

3 while in a building occupied by a unit of government, a

4 billy club, other weapon of like character, or other

5 instrument of like character intended for use as a weapon.

6 For the purposes of this Section, "billy club" means a

7 short stick or club commonly carried by police officers

8 which is either telescopic or constructed of a solid piece

9 of wood or other man-made material.

10 (b) Sentence. A person convicted of a violation of

11 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

12 subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a

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

14 subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a

15 person convicted of a violation of subsection 24-1(a)(6) or

16 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person

17 convicted of a violation of subsection 24-1(a)(7)(i) commits a

18 Class 2 felony and shall be sentenced to a term of imprisonment

19 of not less than 3 years and not more than 7 years, unless the

20 weapon is possessed in the passenger compartment of a motor

21 vehicle as defined in Section 1-146 of the Illinois Vehicle

22 Code, or on the person, while the weapon is loaded, in which

23 case it shall be a Class X felony. A person convicted of a

24 second or subsequent violation of subsection 24-1(a)(4),

25 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3

26 felony. The possession of each weapon in violation of this

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1 Section constitutes a single and separate violation.

2 (c) Violations in specific places.

3 (1) A person who violates subsection 24-1(a)(6) or

4 24-1(a)(7) in any school, regardless of the time of day or

5 the time of year, in residential property owned, operated

6 or managed by a public housing agency or leased by a public

7 housing agency as part of a scattered site or mixed-income

8 development, in a public park, in a courthouse, on the real

9 property comprising any school, regardless of the time of

10 day or the time of year, on residential property owned,

11 operated or managed by a public housing agency or leased by

12 a public housing agency as part of a scattered site or

13 mixed-income development, on the real property comprising

14 any public park, on the real property comprising any

15 courthouse, in any conveyance owned, leased or contracted

16 by a school to transport students to or from school or a

17 school related activity, in any conveyance owned, leased,

18 or contracted by a public transportation agency, or on any

19 public way within 1,000 feet of the real property

20 comprising any school, public park, courthouse, public

21 transportation facility, or residential property owned,

22 operated, or managed by a public housing agency or leased

23 by a public housing agency as part of a scattered site or

24 mixed-income development commits a Class 2 felony and shall

25 be sentenced to a term of imprisonment of not less than 3

26 years and not more than 7 years.

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1 (1.5) A person who violates subsection 24-1(a)(4),

2 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the

3 time of day or the time of year, in residential property

4 owned, operated, or managed by a public housing agency or

5 leased by a public housing agency as part of a scattered

6 site or mixed-income development, in a public park, in a

7 courthouse, on the real property comprising any school,

8 regardless of the time of day or the time of year, on

9 residential property owned, operated, or managed by a

10 public housing agency or leased by a public housing agency

11 as part of a scattered site or mixed-income development, on

12 the real property comprising any public park, on the real

13 property comprising any courthouse, in any conveyance

14 owned, leased, or contracted by a school to transport

15 students to or from school or a school related activity, in

16 any conveyance owned, leased, or contracted by a public

17 transportation agency, or on any public way within 1,000

18 feet of the real property comprising any school, public

19 park, courthouse, public transportation facility, or

20 residential property owned, operated, or managed by a

21 public housing agency or leased by a public housing agency

22 as part of a scattered site or mixed-income development

23 commits a Class 3 felony.

24 (2) A person who violates subsection 24-1(a)(1),

25 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

26 time of day or the time of year, in residential property

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1 owned, operated or managed by a public housing agency or

2 leased by a public housing agency as part of a scattered

3 site or mixed-income development, in a public park, in a

4 courthouse, on the real property comprising any school,

5 regardless of the time of day or the time of year, on

6 residential property owned, operated or managed by a public

7 housing agency or leased by a public housing agency as part

8 of a scattered site or mixed-income development, on the

9 real property comprising any public park, on the real

10 property comprising any courthouse, in any conveyance

11 owned, leased or contracted by a school to transport

12 students to or from school or a school related activity, in

13 any conveyance owned, leased, or contracted by a public

14 transportation agency, or on any public way within 1,000

15 feet of the real property comprising any school, public

16 park, courthouse, public transportation facility, or

17 residential property owned, operated, or managed by a

18 public housing agency or leased by a public housing agency

19 as part of a scattered site or mixed-income development

20 commits a Class 4 felony. "Courthouse" means any building

21 that is used by the Circuit, Appellate, or Supreme Court of

22 this State for the conduct of official business.

23 (3) Paragraphs (1), (1.5), and (2) of this subsection

24 (c) shall not apply to law enforcement officers or security

25 officers of such school, college, or university or to

26 students carrying or possessing firearms for use in

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1 training courses, parades, hunting, target shooting on

2 school ranges, or otherwise with the consent of school

3 authorities and which firearms are transported unloaded

4 enclosed in a suitable case, box, or transportation

5 package.

6 (4) For the purposes of this subsection (c), "school"

7 means any public or private elementary or secondary school,

8 community college, college, or university.

9 (5) For the purposes of this subsection (c), "public

10 transportation agency" means a public or private agency

11 that provides for the transportation or conveyance of

12 persons by means available to the general public, except

13 for transportation by automobiles not used for conveyance

14 of the general public as passengers; and "public

15 transportation facility" means a terminal or other place

16 where one may obtain public transportation.

17 (d) The presence in an automobile other than a public

18 omnibus of any weapon, instrument or substance referred to in

19 subsection (a)(7) is prima facie evidence that it is in the

20 possession of, and is being carried by, all persons occupying

21 such automobile at the time such weapon, instrument or

22 substance is found, except under the following circumstances:

23 (i) if such weapon, instrument or instrumentality is found upon

24 the person of one of the occupants therein; or (ii) if such

25 weapon, instrument or substance is found in an automobile

26 operated for hire by a duly licensed driver in the due, lawful

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1 and proper pursuit of his trade, then such presumption shall

2 not apply to the driver.

3 (e) Exemptions. Crossbows, Common or Compound bows and

4 Underwater Spearguns are exempted from the definition of

5 ballistic knife as defined in paragraph (1) of subsection (a)

6 of this Section.

7 (Source: P.A. 99-29, eff. 7-10-15.)

8 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)

9 Sec. 24-1.1. Unlawful Use or Possession of Weapons by

10 Felons or Persons in the Custody of the Department of

11 Corrections Facilities.

12 (a) It is unlawful for a person to knowingly possess on or

13 about his person or on his land or in his own abode or fixed

14 place of business any weapon prohibited under Section 24-1 of

15 this Act or any firearm or any firearm ammunition if the person

16 has been convicted of a felony under the laws of this State or

17 any other jurisdiction. This Section shall not apply if the

18 person has been granted reliefunder this subsection ~~by the~~

19 ~~Director of the Department of State Police under Section 10 of~~

20 ~~the Firearm Owners Identification Card Act~~. A person prohibited

21 from possessing a firearm under this subsection (a) may

22 petition the Director of State Police for a hearing and relief

23 from the prohibition, unless the prohibition was based upon a

24 forcible felony, stalking, aggravated stalking, domestic

25 battery, any violation of the Illinois Controlled Substances

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1 Act, the Methamphetamine Control and Community Protection Act,

2 or the Cannabis Control Act that is classified as a Class 2 or

3 greater felony, any felony violation of Article 24 of the

4 Criminal Code of 1961 or the Criminal Code of 2012, or any

5 adjudication as a delinquent minor for the commission of an

6 offense that if committed by an adult would be a felony, in

7 which case the person may petition the circuit court in writing

8 in the county of his or her residence for a hearing and relief

9 from the prohibition. The Director or court may grant the

10 relief if it is established by the petitioner to the court's or

11 Director's satisfaction that:

12 (1) when in the circuit court, the State's Attorney has

13 been served with a written copy of the petition at least 30

14 days before any hearing in the circuit court and at the

15 hearing the State's Attorney was afforded an opportunity to

16 present evidence and object to the petition;

17 (2) the petitioner has not been convicted of a forcible

18 felony under the laws of this State or any other

19 jurisdiction within 20 years of the filing of the petition,

20 or at least 20 years have passed since the end of any

21 period of imprisonment imposed in relation to that

22 conviction;

23 (3) the circumstances regarding a criminal conviction,

24 where applicable, the petitioner's criminal history and

25 his or her reputation are such that the petitioner will not

26 be likely to act in a manner dangerous to public safety;

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1 (4) granting relief would not be contrary to the public

2 interest; and

3 (5) granting relief would not be contrary to federal

4 law.

5 (b) It is unlawful for any person confined in a penal

6 institution, which is a facility of the Illinois Department of

7 Corrections, to possess any weapon prohibited under Section

8 24-1 of this Code or any firearm or firearm ammunition,

9 regardless of the intent with which he possesses it.

10 (c) It shall be an affirmative defense to a violation of

11 subsection (b), that such possession was specifically

12 authorized by rule, regulation, or directive of the Illinois

13 Department of Corrections or order issued pursuant thereto.

14 (d) The defense of necessity is not available to a person

15 who is charged with a violation of subsection (b) of this

16 Section.

17 (e) Sentence. Violation of this Section by a person not

18 confined in a penal institution shall be a Class 3 felony for

19 which the person shall be sentenced to no less than 2 years and

20 no more than 10 years and any second or subsequent violation

21 shall be a Class 2 felony for which the person shall be

22 sentenced to a term of imprisonment of not less than 3 years

23 and not more than 14 years. Violation of this Section by a

24 person not confined in a penal institution who has been

25 convicted of a forcible felony, a felony violation of Article

26 24 of this Code ~~or of the Firearm Owners Identification Card~~

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1 ~~Act~~, stalking or aggravated stalking, or a Class 2 or greater

2 felony under the Illinois Controlled Substances Act, the

3 Cannabis Control Act, or the Methamphetamine Control and

4 Community Protection Act is a Class 2 felony for which the

5 person shall be sentenced to not less than 3 years and not more

6 than 14 years. Violation of this Section by a person who is on

7 parole or mandatory supervised release is a Class 2 felony for

8 which the person shall be sentenced to not less than 3 years

9 and not more than 14 years. Violation of this Section by a

10 person not confined in a penal institution is a Class X felony

11 when the firearm possessed is a machine gun. Any person who

12 violates this Section while confined in a penal institution,

13 which is a facility of the Illinois Department of Corrections,

14 is guilty of a Class 1 felony, if he possesses any weapon

15 prohibited under Section 24-1 of this Code regardless of the

16 intent with which he possesses it, a Class X felony if he

17 possesses any firearm, firearm ammunition or explosive, and a

18 Class X felony for which the offender shall be sentenced to not

19 less than 12 years and not more than 50 years when the firearm

20 possessed is a machine gun. A violation of this Section while

21 wearing or in possession of body armor as defined in Section

22 33F-1 is a Class X felony punishable by a term of imprisonment

23 of not less than 10 years and not more than 40 years. The

24 possession of each firearm or firearm ammunition in violation

25 of this Section constitutes a single and separate violation.

26 (Source: P.A. 97-237, eff. 1-1-12.)

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1 (720 ILCS 5/24-1.6)

2 Sec. 24-1.6. Aggravated unlawful use of a weapon.

3 (a) A person commits the offense of aggravated unlawful use

4 of a weapon when he or she knowingly:

5 (1) Carries on or about his or her person or in any

6 vehicle or concealed on or about his or her person except

7 when on his or her land or in his or her abode, legal

8 dwelling, or fixed place of business, or on the land or in

9 the legal dwelling of another person as an invitee with

10 that person's permission, any pistol, revolver, stun gun or

11 taser or other firearm; or

12 (2) Carries or possesses on or about his or her person,

13 upon any public street, alley, or other public lands within

14 the corporate limits of a city, village or incorporated

15 town, except when an invitee thereon or therein, for the

16 purpose of the display of such weapon or the lawful

17 commerce in weapons, or except when on his or her own land

18 or in his or her own abode, legal dwelling, or fixed place

19 of business, or on the land or in the legal dwelling of

20 another person as an invitee with that person's permission,

21 any pistol, revolver, stun gun or taser or other firearm;

22 and

23 (3) One of the following factors is present:

24 (A) the firearm, other than a pistol, revolver, or

25 handgun, possessed was uncased, loaded, and

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1 immediately accessible at the time of the offense; or

2 (A-5) the pistol, revolver, or handgun possessed

3 was uncased, loaded, and immediately accessible at the

4 time of the offense and the person possessing the

5 pistol, revolver, or handgun has not been issued a

6 currently valid license under the Firearm Concealed

7 Carry Act; or

8 (B) the firearm, other than a pistol, revolver, or

9 handgun, possessed was uncased, unloaded, and the

10 ammunition for the weapon was immediately accessible

11 at the time of the offense; or

12 (B-5) the pistol, revolver, or handgun possessed

13 was uncased, unloaded, and the ammunition for the

14 weapon was immediately accessible at the time of the

15 offense and the person possessing the pistol,

16 revolver, or handgun has not been issued a currently

17 valid license under the Firearm Concealed Carry Act; or

18 (C) (blank); or ~~the person possessing the firearm~~

19 ~~has not been issued a currently valid Firearm Owner's~~

20 ~~Identification Card; or~~

21 (D) the person possessing the weapon was

22 previously adjudicated a delinquent minor under the

23 Juvenile Court Act of 1987 for an act that if committed

24 by an adult would be a felony; or

25 (E) the person possessing the weapon was engaged in

26 a misdemeanor violation of the Cannabis Control Act, in

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1 a misdemeanor violation of the Illinois Controlled

2 Substances Act, or in a misdemeanor violation of the

3 Methamphetamine Control and Community Protection Act;

4 or

5 (F) (blank); or

6 (G) the person possessing the weapon had an ~~a~~ order

7 of protection issued against him or her within the

8 previous 2 years; or

9 (H) the person possessing the weapon was engaged in

10 the commission or attempted commission of a

11 misdemeanor involving the use or threat of violence

12 against the person or property of another; or

13 (I) the person possessing the weapon was under 21

14 years of age and in possession of a handgun, unless the

15 person under 21 is engaged in lawful activities under

16 the Wildlife Code or described in subsection

17 24-2(b)(1), (b)(3), or 24-2(f).

18 (a-5) "Handgun" as used in this Section has the meaning

19 given to it in Section 5 of the Firearm Concealed Carry Act.

20 (b) "Stun gun or taser" as used in this Section has the

21 same definition given to it in Section 24-1 of this Code.

22 (c) This Section does not apply to or affect the

23 transportation or possession of weapons that:

24 (i) are broken down in a non-functioning state; or

25 (ii) are not immediately accessible; or

26 (iii) are unloaded and enclosed in a case, firearm

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1 carrying box, shipping box, or other container by a person

2 who is eligible under State and federal law to possess a

3 firearm ~~has been issued a currently valid Firearm Owner's~~

4 ~~Identification Card~~.

5 (d) Sentence.

6 (1) Aggravated unlawful use of a weapon is a Class 4

7 felony; a second or subsequent offense is a Class 2 felony

8 for which the person shall be sentenced to a term of

9 imprisonment of not less than 3 years and not more than 7

10 years.

11 (2) (Blank). ~~Except as otherwise provided in~~

12 ~~paragraphs (3) and (4) of this subsection (d), a first~~

13 ~~offense of aggravated unlawful use of a weapon committed~~

14 ~~with a firearm by a person 18 years of age or older where~~

15 ~~the factors listed in both items (A) and (C) or both items~~

16 ~~(A-5) and (C) of paragraph (3) of subsection (a) are~~

17 ~~present is a Class 4 felony, for which the person shall be~~

18 ~~sentenced to a term of imprisonment of not less than one~~

19 ~~year and not more than 3 years.~~

20 (3) Aggravated unlawful use of a weapon by a person who

21 has been previously convicted of a felony in this State or

22 another jurisdiction is a Class 2 felony for which the

23 person shall be sentenced to a term of imprisonment of not

24 less than 3 years and not more than 7 years.

25 (4) Aggravated unlawful use of a weapon while wearing

26 or in possession of body armor as defined in Section 33F-1

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1 by a person who is prohibited under State or federal law

2 from possessing a firearm ~~has not been issued a valid~~

3 ~~Firearms Owner's Identification Card in accordance with~~

4 ~~Section 5 of the Firearm Owners Identification Card Act~~ is

5 a Class X felony.

6 (e) The possession of each firearm in violation of this

7 Section constitutes a single and separate violation.

8 (Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)

9 (720 ILCS 5/24-1.8)

10 Sec. 24-1.8. Unlawful possession of a firearm by a street

11 gang member.

12 (a) A person commits unlawful possession of a firearm by a

13 street gang member when he or she knowingly:

14 (1) possesses, carries, or conceals on or about his or

15 her person a firearm and firearm ammunition while on any

16 street, road, alley, gangway, sidewalk, or any other lands,

17 except when inside his or her own abode or inside his or

18 her fixed place of business, ~~and has not been issued a~~

19 ~~currently valid Firearm Owner's Identification Card~~ and is

20 a member of a street gang; or

21 (2) possesses or carries in any vehicle a firearm and

22 firearm ammunition which are both immediately accessible

23 at the time of the offense while on any street, road,

24 alley, or any other lands, except when inside his or her

25 own abode or garage, ~~and has not been issued a currently~~

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1 ~~valid Firearm Owner's Identification Card~~ and is a member

2 of a street gang.

3 (b) Unlawful possession of a firearm by a street gang

4 member is a Class 2 felony for which the person, if sentenced

5 to a term of imprisonment, shall be sentenced to no less than 3

6 years and no more than 10 years. A period of probation, a term

7 of periodic imprisonment or conditional discharge shall not be

8 imposed for the offense of unlawful possession of a firearm by

9 a street gang member when the firearm was loaded or contained

10 firearm ammunition and the court shall sentence the offender to

11 not less than the minimum term of imprisonment authorized for

12 the Class 2 felony.

13 (c) For purposes of this Section:

14 "Street gang" or "gang" has the meaning ascribed to it

15 in Section 10 of the Illinois Streetgang Terrorism Omnibus

16 Prevention Act.

17 "Street gang member" or "gang member" has the meaning

18 ascribed to it in Section 10 of the Illinois Streetgang

19 Terrorism Omnibus Prevention Act.

20 (Source: P.A. 96-829, eff. 12-3-09.)

21 (720 ILCS 5/24-2)

22 Sec. 24-2. Exemptions.

23 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

24 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

25 the following:

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1 (1) Peace officers, and any person summoned by a peace

2 officer to assist in making arrests or preserving the

3 peace, while actually engaged in assisting such officer.

4 (2) Wardens, superintendents and keepers of prisons,

5 penitentiaries, jails and other institutions for the

6 detention of persons accused or convicted of an offense,

7 while in the performance of their official duty, or while

8 commuting between their homes and places of employment.

9 (3) Members of the Armed Services or Reserve Forces of

10 the United States or the Illinois National Guard or the

11 Reserve Officers Training Corps, while in the performance

12 of their official duty.

13 (4) Special agents employed by a railroad or a public

14 utility to perform police functions, and guards of armored

15 car companies, while actually engaged in the performance of

16 the duties of their employment or commuting between their

17 homes and places of employment; and watchmen while actually

18 engaged in the performance of the duties of their

19 employment.

20 (5) Persons licensed as private security contractors,

21 private detectives, or private alarm contractors, or

22 employed by a private security contractor, private

23 detective, or private alarm contractor agency licensed by

24 the Department of Financial and Professional Regulation,

25 if their duties include the carrying of a weapon under the

26 provisions of the Private Detective, Private Alarm,

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1 Private Security, Fingerprint Vendor, and Locksmith Act of

2 2004, while actually engaged in the performance of the

3 duties of their employment or commuting between their homes

4 and places of employment. A person shall be considered

5 eligible for this exemption if he or she has completed the

6 required 20 hours of training for a private security

7 contractor, private detective, or private alarm

8 contractor, or employee of a licensed private security

9 contractor, private detective, or private alarm contractor

10 agency and 20 hours of required firearm training, and has

11 been issued a firearm control card by the Department of

12 Financial and Professional Regulation. Conditions for the

13 renewal of firearm control cards issued under the

14 provisions of this Section shall be the same as for those

15 cards issued under the provisions of the Private Detective,

16 Private Alarm, Private Security, Fingerprint Vendor, and

17 Locksmith Act of 2004. The firearm control card shall be

18 carried by the private security contractor, private

19 detective, or private alarm contractor, or employee of the

20 licensed private security contractor, private detective,

21 or private alarm contractor agency at all times when he or

22 she is in possession of a concealable weapon permitted by

23 his or her firearm control card.

24 (6) Any person regularly employed in a commercial or

25 industrial operation as a security guard for the protection

26 of persons employed and private property related to such

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1 commercial or industrial operation, while actually engaged

2 in the performance of his or her duty or traveling between

3 sites or properties belonging to the employer, and who, as

4 a security guard, is a member of a security force

5 registered with the Department of Financial and

6 Professional Regulation; provided that such security guard

7 has successfully completed a course of study, approved by

8 and supervised by the Department of Financial and

9 Professional Regulation, consisting of not less than 40

10 hours of training that includes the theory of law

11 enforcement, liability for acts, and the handling of

12 weapons. A person shall be considered eligible for this

13 exemption if he or she has completed the required 20 hours

14 of training for a security officer and 20 hours of required

15 firearm training, and has been issued a firearm control

16 card by the Department of Financial and Professional

17 Regulation. Conditions for the renewal of firearm control

18 cards issued under the provisions of this Section shall be

19 the same as for those cards issued under the provisions of

20 the Private Detective, Private Alarm, Private Security,

21 Fingerprint Vendor, and Locksmith Act of 2004. The firearm

22 control card shall be carried by the security guard at all

23 times when he or she is in possession of a concealable

24 weapon permitted by his or her firearm control card.

25 (7) Agents and investigators of the Illinois

26 Legislative Investigating Commission authorized by the

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1 Commission to carry the weapons specified in subsections

2 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

3 any investigation for the Commission.

4 (8) Persons employed by a financial institution as a

5 security guard for the protection of other employees and

6 property related to such financial institution, while

7 actually engaged in the performance of their duties,

8 commuting between their homes and places of employment, or

9 traveling between sites or properties owned or operated by

10 such financial institution, and who, as a security guard,

11 is a member of a security force registered with the

12 Department; provided that any person so employed has

13 successfully completed a course of study, approved by and

14 supervised by the Department of Financial and Professional

15 Regulation, consisting of not less than 40 hours of

16 training which includes theory of law enforcement,

17 liability for acts, and the handling of weapons. A person

18 shall be considered to be eligible for this exemption if he

19 or she has completed the required 20 hours of training for

20 a security officer and 20 hours of required firearm

21 training, and has been issued a firearm control card by the

22 Department of Financial and Professional Regulation.

23 Conditions for renewal of firearm control cards issued

24 under the provisions of this Section shall be the same as

25 for those issued under the provisions of the Private

26 Detective, Private Alarm, Private Security, Fingerprint

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1 Vendor, and Locksmith Act of 2004. The firearm control card

2 shall be carried by the security guard at all times when he

3 or she is in possession of a concealable weapon permitted

4 by his or her firearm control card. For purposes of this

5 subsection, "financial institution" means a bank, savings

6 and loan association, credit union or company providing

7 armored car services.

8 (9) Any person employed by an armored car company to

9 drive an armored car, while actually engaged in the

10 performance of his duties.

11 (10) Persons who have been classified as peace officers

12 pursuant to the Peace Officer Fire Investigation Act.

13 (11) Investigators of the Office of the State's

14 Attorneys Appellate Prosecutor authorized by the board of

15 governors of the Office of the State's Attorneys Appellate

16 Prosecutor to carry weapons pursuant to Section 7.06 of the

17 State's Attorneys Appellate Prosecutor's Act.

18 (12) Special investigators appointed by a State's

19 Attorney under Section 3-9005 of the Counties Code.

20 (12.5) Probation officers while in the performance of

21 their duties, or while commuting between their homes,

22 places of employment or specific locations that are part of

23 their assigned duties, with the consent of the chief judge

24 of the circuit for which they are employed, if they have

25 received weapons training according to requirements of the

26 Peace Officer and Probation Officer Firearm Training Act.

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1 (13) Court Security Officers while in the performance

2 of their official duties, or while commuting between their

3 homes and places of employment, with the consent of the

4 Sheriff.

5 (13.5) A person employed as an armed security guard at

6 a nuclear energy, storage, weapons or development site or

7 facility regulated by the Nuclear Regulatory Commission

8 who has completed the background screening and training

9 mandated by the rules and regulations of the Nuclear

10 Regulatory Commission.

11 (14) Manufacture, transportation, or sale of weapons

12 to persons authorized under subdivisions (1) through

13 (13.5) of this subsection to possess those weapons.

14 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

15 to or affect any person carrying a concealed pistol, revolver,

16 or handgun and the person has been issued a currently valid

17 license under the Firearm Concealed Carry Act at the time of

18 the commission of the offense.

19 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

20 24-1.6 do not apply to or affect any of the following:

21 (1) Members of any club or organization organized for

22 the purpose of practicing shooting at targets upon

23 established target ranges, whether public or private, and

24 patrons of such ranges, while such members or patrons are

25 using their firearms on those target ranges.

26 (2) Duly authorized military or civil organizations

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1 while parading, with the special permission of the

2 Governor.

3 (3) Hunters, trappers or fishermen with a license or

4 permit while engaged in hunting, trapping or fishing.

5 (4) Transportation of weapons that are broken down in a

6 non-functioning state or are not immediately accessible.

7 (5) Carrying or possessing any pistol, revolver, stun

8 gun or taser or other firearm on the land or in the legal

9 dwelling of another person as an invitee with that person's

10 permission.

11 (c) Subsection 24-1(a)(7) does not apply to or affect any

12 of the following:

13 (1) Peace officers while in performance of their

14 official duties.

15 (2) Wardens, superintendents and keepers of prisons,

16 penitentiaries, jails and other institutions for the

17 detention of persons accused or convicted of an offense.

18 (3) Members of the Armed Services or Reserve Forces of

19 the United States or the Illinois National Guard, while in

20 the performance of their official duty.

21 (4) Manufacture, transportation, or sale of machine

22 guns to persons authorized under subdivisions (1) through

23 (3) of this subsection to possess machine guns, if the

24 machine guns are broken down in a non-functioning state or

25 are not immediately accessible.

26 (5) Persons licensed under federal law to manufacture

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1 any weapon from which 8 or more shots or bullets can be

2 discharged by a single function of the firing device, or

3 ammunition for such weapons, and actually engaged in the

4 business of manufacturing such weapons or ammunition, but

5 only with respect to activities which are within the lawful

6 scope of such business, such as the manufacture,

7 transportation, or testing of such weapons or ammunition.

8 This exemption does not authorize the general private

9 possession of any weapon from which 8 or more shots or

10 bullets can be discharged by a single function of the

11 firing device, but only such possession and activities as

12 are within the lawful scope of a licensed manufacturing

13 business described in this paragraph.

14 During transportation, such weapons shall be broken

15 down in a non-functioning state or not immediately

16 accessible.

17 (6) The manufacture, transport, testing, delivery,

18 transfer or sale, and all lawful commercial or experimental

19 activities necessary thereto, of rifles, shotguns, and

20 weapons made from rifles or shotguns, or ammunition for

21 such rifles, shotguns or weapons, where engaged in by a

22 person operating as a contractor or subcontractor pursuant

23 to a contract or subcontract for the development and supply

24 of such rifles, shotguns, weapons or ammunition to the

25 United States government or any branch of the Armed Forces

26 of the United States, when such activities are necessary

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1 and incident to fulfilling the terms of such contract.

2 The exemption granted under this subdivision (c)(6)

3 shall also apply to any authorized agent of any such

4 contractor or subcontractor who is operating within the

5 scope of his employment, where such activities involving

6 such weapon, weapons or ammunition are necessary and

7 incident to fulfilling the terms of such contract.

8 (7) A person possessing a rifle with a barrel or

9 barrels less than 16 inches in length if: (A) the person

10 has been issued a Curios and Relics license from the U.S.

11 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)

12 the person is an active member of a bona fide, nationally

13 recognized military re-enacting group and the modification

14 is required and necessary to accurately portray the weapon

15 for historical re-enactment purposes; the re-enactor is in

16 possession of a valid and current re-enacting group

17 membership credential; and the overall length of the weapon

18 as modified is not less than 26 inches.

19 (d) Subsection 24-1(a)(1) does not apply to the purchase,

20 possession or carrying of a black-jack or slung-shot by a peace

21 officer.

22 (e) Subsection 24-1(a)(8) does not apply to any owner,

23 manager or authorized employee of any place specified in that

24 subsection nor to any law enforcement officer.

25 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

26 Section 24-1.6 do not apply to members of any club or

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1 organization organized for the purpose of practicing shooting

2 at targets upon established target ranges, whether public or

3 private, while using their firearms on those target ranges.

4 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

5 to:

6 (1) Members of the Armed Services or Reserve Forces of

7 the United States or the Illinois National Guard, while in

8 the performance of their official duty.

9 (2) Bonafide collectors of antique or surplus military

10 ordnance ~~ordinance~~.

11 (3) Laboratories having a department of forensic

12 ballistics, or specializing in the development of

13 ammunition or explosive ordnance ~~ordinance~~.

14 (4) Commerce, preparation, assembly or possession of

15 explosive bullets by manufacturers of ammunition licensed

16 by the federal government, in connection with the supply of

17 those organizations and persons exempted by subdivision

18 (g)(1) of this Section, or like organizations and persons

19 outside this State, or the transportation of explosive

20 bullets to any organization or person exempted in this

21 Section by a common carrier or by a vehicle owned or leased

22 by an exempted manufacturer.

23 (g-5) Subsection 24-1(a)(6) does not apply to or affect

24 persons licensed under federal law to manufacture any device or

25 attachment of any kind designed, used, or intended for use in

26 silencing the report of any firearm, firearms, or ammunition

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1 for those firearms equipped with those devices, and actually

2 engaged in the business of manufacturing those devices,

3 firearms, or ammunition, but only with respect to activities

4 that are within the lawful scope of that business, such as the

5 manufacture, transportation, or testing of those devices,

6 firearms, or ammunition. This exemption does not authorize the

7 general private possession of any device or attachment of any

8 kind designed, used, or intended for use in silencing the

9 report of any firearm, but only such possession and activities

10 as are within the lawful scope of a licensed manufacturing

11 business described in this subsection (g-5). During

12 transportation, these devices shall be detached from any weapon

13 or not immediately accessible.

14 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

15 24-1.6 do not apply to or affect any parole agent or parole

16 supervisor who meets the qualifications and conditions

17 prescribed in Section 3-14-1.5 of the Unified Code of

18 Corrections.

19 (g-7) Subsection 24-1(a)(6) does not apply to a peace

20 officer while serving as a member of a tactical response team

21 or special operations team. A peace officer may not personally

22 own or apply for ownership of a device or attachment of any

23 kind designed, used, or intended for use in silencing the

24 report of any firearm. These devices shall be owned and

25 maintained by lawfully recognized units of government whose

26 duties include the investigation of criminal acts.

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1 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

2 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an

3 athlete's possession, transport on official Olympic and

4 Paralympic transit systems established for athletes, or use of

5 competition firearms sanctioned by the International Olympic

6 Committee, the International Paralympic Committee, the

7 International Shooting Sport Federation, or USA Shooting in

8 connection with such athlete's training for and participation

9 in shooting competitions at the 2016 Olympic and Paralympic

10 Games and sanctioned test events leading up to the 2016 Olympic

11 and Paralympic Games.

12 (h) An information or indictment based upon a violation of

13 any subsection of this Article need not negative any exemptions

14 contained in this Article. The defendant shall have the burden

15 of proving such an exemption.

16 (i) Nothing in this Article shall prohibit, apply to, or

17 affect the transportation, carrying, or possession, of any

18 pistol or revolver, stun gun, taser, or other firearm consigned

19 to a common carrier operating under license of the State of

20 Illinois or the federal government, where such transportation,

21 carrying, or possession is incident to the lawful

22 transportation in which such common carrier is engaged; and

23 nothing in this Article shall prohibit, apply to, or affect the

24 transportation, carrying, or possession of any pistol,

25 revolver, stun gun, taser, or other firearm, not the subject of

26 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

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1 this Article, which is unloaded and enclosed in a case, firearm

2 carrying box, shipping box, or other container, by a person

3 eligible under State and federal law to possess a firearm ~~the~~

4 ~~possessor of a valid Firearm Owners Identification Card~~.

5 (Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725,

6 eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)

7 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

8 Sec. 24-3. Unlawful sale or delivery of firearms.

9 (A) A person commits the offense of unlawful sale or

10 delivery of firearms when he or she knowingly does any of the

11 following:

12 (a) Sells or gives any firearm of a size which may be

13 concealed upon the person to any person under 18 years of

14 age.

15 (b) Sells or gives any firearm to a person under 21

16 years of age who has been convicted of a misdemeanor other

17 than a traffic offense or adjudged delinquent.

18 (c) Sells or gives any firearm to any narcotic addict.

19 (d) Sells or gives any firearm to any person who has

20 been convicted of a felony under the laws of this or any

21 other jurisdiction.

22 (e) Sells or gives any firearm to any person who has

23 been a patient in a mental institution within the past 5

24 years. In this subsection (e):

25 "Mental institution" means any hospital,

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1 institution, clinic, evaluation facility, mental

2 health center, or part thereof, which is used primarily

3 for the care or treatment of persons with mental

4 illness.

5 "Patient in a mental institution" means the person

6 was admitted, either voluntarily or involuntarily, to

7 a mental institution for mental health treatment,

8 unless the treatment was voluntary and solely for an

9 alcohol abuse disorder and no other secondary

10 substance abuse disorder or mental illness.

11 (f) Sells or gives any firearms to any person who is a

12 person with an intellectual disability.

13 (g) Delivers any firearm of a size which may be

14 concealed upon the person, incidental to a sale, without

15 withholding delivery of such firearm for at least 72 hours

16 after application for its purchase has been made, or

17 delivers any rifle, shotgun or other long gun, or a stun

18 gun or taser, incidental to a sale, without withholding

19 delivery of such rifle, shotgun or other long gun, or a

20 stun gun or taser for at least 24 hours after application

21 for its purchase has been made. However, this paragraph (g)

22 does not apply to: (1) the sale of a firearm to a law

23 enforcement officer if the seller of the firearm knows that

24 the person to whom he or she is selling the firearm is a

25 law enforcement officer or the sale of a firearm to a

26 person who desires to purchase a firearm for use in

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1 promoting the public interest incident to his or her

2 employment as a bank guard, armed truck guard, or other

3 similar employment; (2) a mail order sale of a firearm from

4 a federally licensed firearms dealer to a nonresident of

5 Illinois under which the firearm is mailed to a federally

6 licensed firearms dealer outside the boundaries of

7 Illinois; (3) the sale of a firearm to a nonresident of

8 Illinois while at a firearm showing or display recognized

9 by the Illinois Department of State Police; (4) the sale of

10 a firearm to a dealer licensed as a federal firearms dealer

11 under Section 923 of the federal Gun Control Act of 1968

12 (18 U.S.C. 923); or (5) the transfer or sale of any rifle,

13 shotgun, or other long gun to a resident registered

14 competitor or attendee or non-resident registered

15 competitor or attendee by any dealer licensed as a federal

16 firearms dealer under Section 923 of the federal Gun

17 Control Act of 1968 at competitive shooting events held at

18 the World Shooting Complex sanctioned by a national

19 governing body. For purposes of transfers or sales under

20 subparagraph (5) of this paragraph (g), the Department of

21 Natural Resources shall give notice to the Department of

22 State Police at least 30 calendar days prior to any

23 competitive shooting events at the World Shooting Complex

24 sanctioned by a national governing body. The notification

25 shall be made on a form prescribed by the Department of

26 State Police. The sanctioning body shall provide a list of

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1 all registered competitors and attendees at least 24 hours

2 before the events to the Department of State Police. Any

3 changes to the list of registered competitors and attendees

4 shall be forwarded to the Department of State Police as

5 soon as practicable. The Department of State Police must

6 destroy the list of registered competitors and attendees no

7 later than 30 days after the date of the event. Nothing in

8 this paragraph (g) relieves a federally licensed firearm

9 dealer from the requirements of conducting a NICS

10 background check through the Illinois Point of Contact

11 under 18 U.S.C. 922(t). For purposes of this paragraph (g),

12 "application" means when the buyer and seller reach an

13 agreement to purchase a firearm. For purposes of this

14 paragraph (g), "national governing body" means a group of

15 persons who adopt rules and formulate policy on behalf of a

16 national firearm sporting organization.

17 (h) While holding any license as a dealer, importer,

18 manufacturer or pawnbroker under the federal Gun Control

19 Act of 1968, manufactures, sells or delivers to any

20 unlicensed person a handgun having a barrel, slide, frame

21 or receiver which is a die casting of zinc alloy or any

22 other nonhomogeneous metal which will melt or deform at a

23 temperature of less than 800 degrees Fahrenheit. For

24 purposes of this paragraph, ~~(1) "firearm" is defined as in~~

25 ~~the Firearm Owners Identification Card Act; and (2)~~

26 "handgun" is defined as a firearm designed to be held and

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1 fired by the use of a single hand, and includes a

2 combination of parts from which such a firearm can be

3 assembled.

4 (i) Sells or gives a firearm of any size to any person

5 under 18 years of age whois not eligible under State or

6 federal law to possess a firearm ~~does not possess a valid~~

7 ~~Firearm Owner's Identification Card~~.

8 (j) Sells or gives a firearm while engaged in the

9 business of selling firearms at wholesale or retail without

10 being licensed as a federal firearms dealer under Section

11 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

12 In this paragraph (j):

13 A person "engaged in the business" means a person who

14 devotes time, attention, and labor to engaging in the

15 activity as a regular course of trade or business with the

16 principal objective of livelihood and profit, but does not

17 include a person who makes occasional repairs of firearms

18 or who occasionally fits special barrels, stocks, or

19 trigger mechanisms to firearms.

20 "With the principal objective of livelihood and

21 profit" means that the intent underlying the sale or

22 disposition of firearms is predominantly one of obtaining

23 livelihood and pecuniary gain, as opposed to other intents,

24 such as improving or liquidating a personal firearms

25 collection; however, proof of profit shall not be required

26 as to a person who engages in the regular and repetitive

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1 purchase and disposition of firearms for criminal purposes

2 or terrorism.

3 (k) (Blank). ~~Sells or transfers ownership of a firearm~~

4 ~~to a person who does not display to the seller or~~

5 ~~transferor of the firearm either: (1) a currently valid~~

6 ~~Firearm Owner's Identification Card that has previously~~

7 ~~been issued in the transferee's name by the Department of~~

8 ~~State Police under the provisions of the Firearm Owners~~

9 ~~Identification Card Act; or (2) a currently valid license~~

10 ~~to carry a concealed firearm that has previously been~~

11 ~~issued in the transferee's name by the Department of State~~

12 ~~Police under the Firearm Concealed Carry Act. This~~

13 ~~paragraph (k) does not apply to the transfer of a firearm~~

14 ~~to a person who is exempt from the requirement of~~

15 ~~possessing a Firearm Owner's Identification Card under~~

16 ~~Section 2 of the Firearm Owners Identification Card Act.~~

17 ~~For the purposes of this Section, a currently valid Firearm~~

18 ~~Owner's Identification Card means (i) a Firearm Owner's~~

19 ~~Identification Card that has not expired or (ii) an~~

20 ~~approval number issued in accordance with subsection~~

21 ~~(a-10) of subsection 3 or Section 3.1 of the Firearm Owners~~

22 ~~Identification Card Act shall be proof that the Firearm~~

23 ~~Owner's Identification Card was valid.~~

24 (1) (Blank). ~~In addition to the other requirements~~

25 ~~of this paragraph (k), all persons who are not~~

26 ~~federally licensed firearms dealers must also have~~

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1 ~~complied with subsection (a-10) of Section 3 of the~~

2 ~~Firearm Owners Identification Card Act by determining~~

3 ~~the validity of a purchaser's Firearm Owner's~~

4 ~~Identification Card.~~

5 (2) (Blank). ~~All sellers or transferors who have~~

6 ~~complied with the requirements of subparagraph (1) of~~

7 ~~this paragraph (k) shall not be liable for damages in~~

8 ~~any civil action arising from the use or misuse by the~~

9 ~~transferee of the firearm transferred, except for~~

10 ~~willful or wanton misconduct on the part of the seller~~

11 ~~or transferor.~~

12 (l) Not being entitled to the possession of a firearm,

13 delivers the firearm, knowing it to have been stolen or

14 converted. It may be inferred that a person who possesses a

15 firearm with knowledge that its serial number has been

16 removed or altered has knowledge that the firearm is stolen

17 or converted.

18 (B) Paragraph (h) of subsection (A) does not include

19 firearms sold within 6 months after enactment of Public Act

20 78-355 (approved August 21, 1973, effective October 1, 1973),

21 nor is any firearm legally owned or possessed by any citizen or

22 purchased by any citizen within 6 months after the enactment of

23 Public Act 78-355 subject to confiscation or seizure under the

24 provisions of that Public Act. Nothing in Public Act 78-355

25 shall be construed to prohibit the gift or trade of any firearm

26 if that firearm was legally held or acquired within 6 months

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1 after the enactment of that Public Act.

2 (C) Sentence.

3 (1) Any person convicted of unlawful sale or delivery

4 of firearms in violation of paragraph (c), (e), (f), (g),

5 or (h) of subsection (A) commits a Class 4 felony.

6 (2) Any person convicted of unlawful sale or delivery

7 of firearms in violation of paragraph (b) or (i) of

8 subsection (A) commits a Class 3 felony.

9 (3) Any person convicted of unlawful sale or delivery

10 of firearms in violation of paragraph (a) of subsection (A)

11 commits a Class 2 felony.

12 (4) Any person convicted of unlawful sale or delivery

13 of firearms in violation of paragraph (a), (b), or (i) of

14 subsection (A) in any school, on the real property

15 comprising a school, within 1,000 feet of the real property

16 comprising a school, at a school related activity, or on or

17 within 1,000 feet of any conveyance owned, leased, or

18 contracted by a school or school district to transport

19 students to or from school or a school related activity,

20 regardless of the time of day or time of year at which the

21 offense was committed, commits a Class 1 felony. Any person

22 convicted of a second or subsequent violation of unlawful

23 sale or delivery of firearms in violation of paragraph (a),

24 (b), or (i) of subsection (A) in any school, on the real

25 property comprising a school, within 1,000 feet of the real

26 property comprising a school, at a school related activity,

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1 or on or within 1,000 feet of any conveyance owned, leased,

2 or contracted by a school or school district to transport

3 students to or from school or a school related activity,

4 regardless of the time of day or time of year at which the

5 offense was committed, commits a Class 1 felony for which

6 the sentence shall be a term of imprisonment of no less

7 than 5 years and no more than 15 years.

8 (5) Any person convicted of unlawful sale or delivery

9 of firearms in violation of paragraph (a) or (i) of

10 subsection (A) in residential property owned, operated, or

11 managed by a public housing agency or leased by a public

12 housing agency as part of a scattered site or mixed-income

13 development, in a public park, in a courthouse, on

14 residential property owned, operated, or managed by a

15 public housing agency or leased by a public housing agency

16 as part of a scattered site or mixed-income development, on

17 the real property comprising any public park, on the real

18 property comprising any courthouse, or on any public way

19 within 1,000 feet of the real property comprising any

20 public park, courthouse, or residential property owned,

21 operated, or managed by a public housing agency or leased

22 by a public housing agency as part of a scattered site or

23 mixed-income development commits a Class 2 felony.

24 (6) Any person convicted of unlawful sale or delivery

25 of firearms in violation of paragraph (j) of subsection (A)

26 commits a Class A misdemeanor. A second or subsequent

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1 violation is a Class 4 felony.

2 (7) (Blank). ~~Any person convicted of unlawful sale or~~

3 ~~delivery of firearms in violation of paragraph (k) of~~

4 ~~subsection (A) commits a Class 4 felony, except that a~~

5 ~~violation of subparagraph (1) of paragraph (k) of~~

6 ~~subsection (A) shall not be punishable as a crime or petty~~

7 ~~offense. A third or subsequent conviction for a violation~~

8 ~~of paragraph (k) of subsection (A) is a Class 1 felony.~~

9 (8) A person 18 years of age or older convicted of

10 unlawful sale or delivery of firearms in violation of

11 paragraph (a) or (i) of subsection (A), when the firearm

12 that was sold or given to another person under 18 years of

13 age was used in the commission of or attempt to commit a

14 forcible felony, shall be fined or imprisoned, or both, not

15 to exceed the maximum provided for the most serious

16 forcible felony so committed or attempted by the person

17 under 18 years of age who was sold or given the firearm.

18 (9) Any person convicted of unlawful sale or delivery

19 of firearms in violation of paragraph (d) of subsection (A)

20 commits a Class 3 felony.

21 (10) Any person convicted of unlawful sale or delivery

22 of firearms in violation of paragraph (l) of subsection (A)

23 commits a Class 2 felony if the delivery is of one firearm.

24 Any person convicted of unlawful sale or delivery of

25 firearms in violation of paragraph (l) of subsection (A)

26 commits a Class 1 felony if the delivery is of not less

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1 than 2 and not more than 5 firearms at the same time or

2 within a one year period. Any person convicted of unlawful

3 sale or delivery of firearms in violation of paragraph (l)

4 of subsection (A) commits a Class X felony for which he or

5 she shall be sentenced to a term of imprisonment of not

6 less than 6 years and not more than 30 years if the

7 delivery is of not less than 6 and not more than 10

8 firearms at the same time or within a 2 year period. Any

9 person convicted of unlawful sale or delivery of firearms

10 in violation of paragraph (l) of subsection (A) commits a

11 Class X felony for which he or she shall be sentenced to a

12 term of imprisonment of not less than 6 years and not more

13 than 40 years if the delivery is of not less than 11 and

14 not more than 20 firearms at the same time or within a 3

15 year period. Any person convicted of unlawful sale or

16 delivery of firearms in violation of paragraph (l) of

17 subsection (A) commits a Class X felony for which he or she

18 shall be sentenced to a term of imprisonment of not less

19 than 6 years and not more than 50 years if the delivery is

20 of not less than 21 and not more than 30 firearms at the

21 same time or within a 4 year period. Any person convicted

22 of unlawful sale or delivery of firearms in violation of

23 paragraph (l) of subsection (A) commits a Class X felony

24 for which he or she shall be sentenced to a term of

25 imprisonment of not less than 6 years and not more than 60

26 years if the delivery is of 31 or more firearms at the same

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1 time or within a 5 year period.

2 (D) For purposes of this Section:

3 "School" means a public or private elementary or secondary

4 school, community college, college, or university.

5 "School related activity" means any sporting, social,

6 academic, or other activity for which students' attendance or

7 participation is sponsored, organized, or funded in whole or in

8 part by a school or school district.

9 (E) ~~A prosecution for a violation of paragraph (k) of~~

10 ~~subsection (A) of this Section may be commenced within 6 years~~

11 ~~after the commission of the offense.~~ A prosecution for a

12 violation of this Section other than paragraph (g) of

13 subsection (A) of this Section may be commenced within 5 years

14 after the commission of the offense defined in the particular

15 paragraph.

16 (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;

17 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)

18 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)

19 Sec. 24-3.1. Unlawful possession of firearms and firearm

20 ammunition.

21 (a) A person commits the offense of unlawful possession of

22 firearms or firearm ammunition when:

23 (1) He is under 18 years of age and has in his

24 possession any firearm of a size which may be concealed

25 upon the person; or

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1 (2) He is under 21 years of age, has been convicted of

2 a misdemeanor other than a traffic offense or adjudged

3 delinquent and has any firearms or firearm ammunition in

4 his possession; or

5 (3) He is a narcotic addict and has any firearms or

6 firearm ammunition in his possession; or

7 (4) He has been a patient in a mental institution

8 within the past 5 years and has any firearms or firearm

9 ammunition in his possession. For purposes of this

10 paragraph (4):

11 "Mental institution" means any hospital,

12 institution, clinic, evaluation facility, mental

13 health center, or part thereof, which is used primarily

14 for the care or treatment of persons with mental

15 illness.

16 "Patient in a mental institution" means the person

17 was admitted, either voluntarily or involuntarily, to

18 a mental institution for mental health treatment,

19 unless the treatment was voluntary and solely for an

20 alcohol abuse disorder and no other secondary

21 substance abuse disorder or mental illness; or

22 (5) He is a person with an intellectual disability and

23 has any firearms or firearm ammunition in his possession;

24 or

25 (6) He has in his possession any explosive bullet.

26 For purposes of this paragraph "explosive bullet" means the

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1 projectile portion of an ammunition cartridge which contains or

2 carries an explosive charge which will explode upon contact

3 with the flesh of a human or an animal. "Cartridge" means a

4 tubular metal case having a projectile affixed at the front

5 thereof and a cap or primer at the rear end thereof, with the

6 propellant contained in such tube between the projectile and

7 the cap.

8 (a-5) A person prohibited from possessing a firearm under

9 this Section may petition the Director of State Police for a

10 hearing and relief from the prohibition, unless the prohibition

11 was based upon a forcible felony, stalking, aggravated

12 stalking, domestic battery, any violation of the Illinois

13 Controlled Substances Act, the Methamphetamine Control and

14 Community Protection Act, or the Cannabis Control Act that is

15 classified as a Class 2 or greater felony, any felony violation

16 of Article 24 of the Criminal Code of 1961 or the Criminal Code

17 of 2012, or any adjudication as a delinquent minor for the

18 commission of an offense that if committed by an adult would be

19 a felony, in which case the person may petition the circuit

20 court in writing in the county of his or her residence for a

21 hearing and relief from the prohibition. The Director or court

22 may grant the relief if it is established by the petitioner to

23 the court's or Director's satisfaction that:

24 (1) when in the circuit court, the State's Attorney has

25 been served with a written copy of the petition at least 30

26 days before any hearing in the circuit court and at the

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1 hearing the State's Attorney was afforded an opportunity to

2 present evidence and object to the petition;

3 (2) the petitioner has not been convicted of a forcible

4 felony under the laws of this State or any other

5 jurisdiction within 20 years of the filing of the petition,

6 or at least 20 years have passed since the end of any

7 period of imprisonment imposed in relation to that

8 conviction;

9 (3) the circumstances regarding a criminal conviction,

10 where applicable, the petitioner's criminal history and

11 his reputation are such that the petitioner will not be

12 likely to act in a manner dangerous to public safety;

13 (4) granting relief would not be contrary to the public

14 interest; and

15 (5) granting relief would not be contrary to federal

16 law.

17 (b) Sentence.

18 Unlawful possession of firearms, other than handguns, and

19 firearm ammunition is a Class A misdemeanor. Unlawful

20 possession of handguns is a Class 4 felony. The possession of

21 each firearm or firearm ammunition in violation of this Section

22 constitutes a single and separate violation.

23 (c) Nothing in paragraph (1) of subsection (a) of this

24 Section prohibits a person under 18 years of age from

25 participating in any lawful recreational activity with a

26 firearm such as, but not limited to, practice shooting at

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1 targets upon established public or private target ranges or

2 hunting, trapping, or fishing in accordance with the Wildlife

3 Code or the Fish and Aquatic Life Code.

4 (Source: P.A. 99-143, eff. 7-27-15.)

5 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)

6 Sec. 24-3.2. Unlawful discharge of firearm projectiles.

7 (a) A person commits the offense of unlawful discharge of

8 firearm projectiles when he or she knowingly or recklessly uses

9 an armor piercing bullet, dragon's breath shotgun shell, bolo

10 shell, or flechette shell in violation of this Section.

11 For purposes of this Section:

12 "Armor piercing bullet" means any handgun bullet or handgun

13 ammunition with projectiles or projectile cores constructed

14 entirely (excluding the presence of traces of other substances)

15 from tungsten alloys, steel, iron, brass, bronze, beryllium

16 copper or depleted uranium, or fully jacketed bullets larger

17 than 22 caliber whose jacket has a weight of more than 25% of

18 the total weight of the projectile, and excluding those handgun

19 projectiles whose cores are composed of soft materials such as

20 lead or lead alloys, zinc or zinc alloys, frangible projectiles

21 designed primarily for sporting purposes, and any other

22 projectiles or projectile cores that the U. S. Secretary of the

23 Treasury finds to be primarily intended to be used for sporting

24 purposes or industrial purposes or that otherwise does not

25 constitute "armor piercing ammunition" as that term is defined

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1 by federal law.

2 "Dragon's breath shotgun shell" means any shotgun shell

3 that contains exothermic pyrophoric mesh metal as the

4 projectile and is designed for the purpose of throwing or

5 spewing a flame or fireball to simulate a flame-thrower.

6 "Bolo shell" means any shell that can be fired in a firearm

7 and expels as projectiles 2 or more metal balls connected by

8 solid metal wire.

9 "Flechette shell" means any shell that can be fired in a

10 firearm and expels 2 or more pieces of fin-stabilized solid

11 metal wire or 2 or more solid dart-type projectiles.

12 (b) A person commits a Class X felony when he or she,

13 knowing that a firearm~~, as defined in Section 1.1 of the~~

14 ~~Firearm Owners Identification Card Act,~~is loaded with an armor

15 piercing bullet, dragon's breath shotgun shell, bolo shell, or

16 flechette shell, intentionally or recklessly discharges such

17 firearm and such bullet or shell strikes any other person.

18 (c) Any person who possesses, concealed on or about his or

19 her person, an armor piercing bullet, dragon's breath shotgun

20 shell, bolo shell, or flechette shell and a firearm suitable

21 for the discharge thereof is guilty of a Class 2 felony.

22 (d) This Section does not apply to or affect any of the

23 following:

24 (1) Peace officers;

25 (2) Wardens, superintendents and keepers of prisons,

26 penitentiaries, jails and other institutions for the

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1 detention of persons accused or convicted of an offense;

2 (3) Members of the Armed Services or Reserve Forces of

3 the United States or the Illinois National Guard while in

4 the performance of their official duties;

5 (4) Federal officials required to carry firearms,

6 while engaged in the performance of their official duties;

7 (5) United States Marshals, while engaged in the

8 performance of their official duties.

9 (Source: P.A. 92-423, eff. 1-1-02.)

10 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)

11 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.

12 (a) It shall be unlawful for any person who holds a license

13 to sell at retail any alcoholic liquor issued by the Illinois

14 Liquor Control Commission or local liquor control commissioner

15 under the Liquor Control Act of 1934 or an agent or employee of

16 the licensee to sell or deliver to any other person a firearm

17 in or on the real property of the establishment where the

18 licensee is licensed to sell alcoholic liquors unless the sale

19 or delivery of the firearm is otherwise lawful under this

20 Article ~~and under the Firearm Owners Identification Card Act~~.

21 (b) Sentence. A violation of subsection (a) of this Section

22 is a Class 4 felony.

23 (Source: P.A. 87-591.)

24 (720 ILCS 5/24-3.5)

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1 Sec. 24-3.5. Unlawful purchase of a firearm.

2 (a) For purposes of this Section, "firearms transaction

3 record form" means a form:

4 (1) executed by a transferee of a firearm stating: (i)

5 the transferee's name and address (including county or

6 similar political subdivision); (ii) whether the

7 transferee is a citizen of the United States; (iii) the

8 transferee's State of residence; and (iv) the date and

9 place of birth, height, weight, and race of the transferee;

10 and

11 (2) on which the transferee certifies that he or she is

12 not prohibited by federal law from transporting or shipping

13 a firearm in interstate or foreign commerce or receiving a

14 firearm that has been shipped or transported in interstate

15 or foreign commerce or possessing a firearm in or affecting

16 commerce.

17 (b) A person commits the offense of unlawful purchase of a

18 firearm who knowingly purchases or attempts to purchase a

19 firearm with the intent to deliver that firearm to another

20 person who is prohibited by federal or State law from

21 possessing a firearm.

22 (c) A person commits the offense of unlawful purchase of a

23 firearm when he or she, in purchasing or attempting to purchase

24 a firearm, intentionally provides false or misleading

25 information on a United States Department of the Treasury,

26 Bureau of Alcohol, Tobacco and Firearms firearms transaction

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1 record form.

2 (d) Exemption. It is not a violation of subsection (b) of

3 this Section for a person to make a gift or loan of a firearm to

4 a person who is not prohibited by federal or State law from

5 possessing a firearm~~if the transfer of the firearm is made in~~

6 ~~accordance with Section 3 of the Firearm Owners Identification~~

7 ~~Card Act~~.

8 (e) Sentence.

9 (1) A person who commits the offense of unlawful

10 purchase of a firearm:

11 (A) is guilty of a Class 2 felony for purchasing or

12 attempting to purchase one firearm;

13 (B) is guilty of a Class 1 felony for purchasing or

14 attempting to purchase not less than 2 firearms and not

15 more than 5 firearms at the same time or within a one

16 year period;

17 (C) is guilty of a Class X felony for which the

18 offender shall be sentenced to a term of imprisonment

19 of not less than 9 years and not more than 40 years for

20 purchasing or attempting to purchase not less than 6

21 firearms at the same time or within a 2 year period.

22 (2) In addition to any other penalty that may be

23 imposed for a violation of this Section, the court may

24 sentence a person convicted of a violation of subsection

25 (c) of this Section to a fine not to exceed $250,000 for

26 each violation.

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1 (f) A prosecution for unlawful purchase of a firearm may be

2 commenced within 6 years after the commission of the offense.

3 (Source: P.A. 95-882, eff. 1-1-09.)

4 (720 ILCS 5/24-4.1)

5 Sec. 24-4.1. Report of lost or stolen firearms.

6 (a) If a person ~~who possesses a valid Firearm Owner's~~

7 ~~Identification Card and~~ who possesses or acquires a firearm

8 thereafter loses the firearm, or if the firearm is stolen from

9 the person, the person must report the loss or theft to the

10 local law enforcement agency within 72 hours after obtaining

11 knowledge of the loss or theft.

12 (b) A law enforcement agency having jurisdiction shall take

13 a written report and shall, as soon as practical, enter the

14 firearm's serial number as stolen into the Law Enforcement

15 Agencies Data System (LEADS).

16 (c) A person shall not be in violation of this Section if:

17 (1) the failure to report is due to an act of God, act

18 of war, or inability of a law enforcement agency to receive

19 the report;

20 (2) the person is hospitalized, in a coma, or is

21 otherwise seriously physically or mentally impaired as to

22 prevent the person from reporting; or

23 (3) the person's designee makes a report if the person

24 is unable to make the report.

25 (d) Sentence. A person who violates this Section is guilty

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1 of a petty offense for a first violation. A second or

2 subsequent violation of this Section is a Class A misdemeanor.

3 (Source: P.A. 98-508, eff. 8-19-13.)

4 (720 ILCS 5/24-4.5 new)

5 Sec. 24-4.5. Dial up system.

6 (a) The Department of State Police shall provide a dial up

7 telephone system or utilize other existing technology which

8 shall be used by any federally licensed firearm dealer, gun

9 show promoter, or gun show vendor who is to transfer a firearm,

10 stun gun, or taser under the provisions of this Code. The

11 Department of State Police may utilize existing technology

12 which allows the caller to be charged a fee not to exceed $2.

13 Fees collected by the Department of State Police shall be

14 deposited in the State Police Services Fund and used to provide

15 the service.

16 (b) Upon receiving a request from a federally licensed

17 firearm dealer, gun show promoter, or gun show vendor, the

18 Department of State Police shall immediately approve, or within

19 the time period established by Section 24-3 of this Code

20 regarding the delivery of firearms, stun guns, and tasers

21 notify the inquiring dealer, gun show promoter, or gun show

22 vendor of any objection that would disqualify the transferee

23 from acquiring or possessing a firearm, stun gun, or taser. In

24 conducting the inquiry, the Department of State Police shall

25 initiate and complete an automated search of its criminal

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1 history record information files and those of the Federal

2 Bureau of Investigation, including the National Instant

3 Criminal Background Check System, and of the files of the

4 Department of Human Services relating to mental health and

5 developmental disabilities to obtain any felony conviction or

6 patient hospitalization information which would disqualify a

7 person from obtaining a firearm.

8 (c) If receipt of a firearm would not violate Section 24-3

9 of this Code or federal law, the Department of State Police

10 shall:

11 (1) assign a unique identification number to the

12 transfer; and

13 (2) provide the licensee, gun show promoter, or gun

14 show vendor with the number.

15 (d) Approvals issued by the Department of State Police for

16 the purchase of a firearm are valid for 30 days from the date

17 of issue.

18 (e)(1) The Department of State Police must act as the

19 Illinois Point of Contact for the National Instant Criminal

20 Background Check System.

21 (2) The Department of State Police and the Department of

22 Human Services shall, in accordance with State and federal law

23 regarding confidentiality, enter into a memorandum of

24 understanding with the Federal Bureau of Investigation for the

25 purpose of implementing the National Instant Criminal

26 Background Check System in the State. The Department of State

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1 Police shall report the name, date of birth, and physical

2 description of any person prohibited from possessing a firearm

3 under this Code or 18 U.S.C. 922(g) and (n) to the National

4 Instant Criminal Background Check System Index, Denied Persons

5 Files.

6 (f) The Department of State Police shall adopt rules not

7 inconsistent with this Section to implement this system.

8 (720 ILCS 5/24-9)

9 Sec. 24-9. Firearms; Child Protection.

10 (a) Except as provided in subsection (c), it is unlawful

11 for any person to store or leave, within premises under his or

12 her control, a firearm if the person knows or has reason to

13 believe that a minor under the age of 14 years~~who does not~~

14 ~~have a Firearm Owners Identification Card~~is likely to gain

15 access to the firearm without the lawful permission of the

16 person possessing the firearm, minor's parent, guardian, or

17 person having charge of the minor, and the minor causes death

18 or great bodily harm with the firearm, unless the firearm is:

19 (1) secured by a device or mechanism, other than the

20 firearm safety, designed to render a firearm temporarily

21 inoperable; or

22 (2) placed in a securely locked box or container; or

23 (3) placed in some other location that a reasonable

24 person would believe to be secure from a minor under the

25 age of 14 years.

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1 (b) Sentence. A person who violates this Section is guilty

2 of a Class C misdemeanor and shall be fined not less than

3 $1,000. A second or subsequent violation of this Section is a

4 Class A misdemeanor.

5 (c) Subsection (a) does not apply:

6 (1) if the minor under 14 years of age gains access to

7 a firearm and uses it in a lawful act of self-defense or

8 defense of another; or

9 (2) to any firearm obtained by a minor under the age of

10 14 because of an unlawful entry of the premises by the

11 minor or another person.

12 (d) (Blank). ~~For the purposes of this Section, "firearm"~~

13 ~~has the meaning ascribed to it in Section 1.1 of the Firearm~~

14 ~~Owners Identification Card Act.~~

15 (Source: P.A. 91-18, eff. 1-1-00.)

16 Section 85. The Methamphetamine Control and Community

17 Protection Act is amended by changing Section 10 as follows:

18 (720 ILCS 646/10)

19 Sec. 10. Definitions. As used in this Act:

20 "Anhydrous ammonia" has the meaning provided in subsection

21 (d) of Section 3 of the Illinois Fertilizer Act of 1961.

22 "Anhydrous ammonia equipment" means all items used to

23 store, hold, contain, handle, transfer, transport, or apply

24 anhydrous ammonia for lawful purposes.

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1 "Booby trap" means any device designed to cause physical

2 injury when triggered by an act of a person approaching,

3 entering, or moving through a structure, a vehicle, or any

4 location where methamphetamine has been manufactured, is being

5 manufactured, or is intended to be manufactured.

6 "Deliver" or "delivery" has the meaning provided in

7 subsection (h) of Section 102 of the Illinois Controlled

8 Substances Act.

9 "Director" means the Director of State Police or the

10 Director's designated agents.

11 "Dispose" or "disposal" means to abandon, discharge,

12 release, deposit, inject, dump, spill, leak, or place

13 methamphetamine waste onto or into any land, water, or well of

14 any type so that the waste has the potential to enter the

15 environment, be emitted into the air, or be discharged into the

16 soil or any waters, including groundwater.

17 "Emergency response" means the act of collecting evidence

18 from or securing a methamphetamine laboratory site,

19 methamphetamine waste site or other methamphetamine-related

20 site and cleaning up the site, whether these actions are

21 performed by public entities or private contractors paid by

22 public entities.

23 "Emergency service provider" means a local, State, or

24 federal peace officer, firefighter, emergency medical

25 technician-ambulance, emergency medical

26 technician-intermediate, emergency medical

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1 technician-paramedic, ambulance driver, or other medical or

2 first aid personnel rendering aid, or any agent or designee of

3 the foregoing.

4 "Finished methamphetamine" means methamphetamine in a form

5 commonly used for personal consumption.

6 "Firearm" has the meaning provided in Section 2-7.5 of the

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

8 ~~Card Act~~.

9 "Manufacture" means to produce, prepare, compound,

10 convert, process, synthesize, concentrate, purify, separate,

11 extract, or package any methamphetamine, methamphetamine

12 precursor, methamphetamine manufacturing catalyst,

13 methamphetamine manufacturing reagent, methamphetamine

14 manufacturing solvent, or any substance containing any of the

15 foregoing.

16 "Methamphetamine" means the chemical methamphetamine (a

17 Schedule II controlled substance under the Illinois Controlled

18 Substances Act) or any salt, optical isomer, salt of optical

19 isomer, or analog thereof, with the exception of

20 3,4-Methylenedioxymethamphetamine (MDMA) or any other

21 scheduled substance with a separate listing under the Illinois

22 Controlled Substances Act.

23 "Methamphetamine manufacturing catalyst" means any

24 substance that has been used, is being used, or is intended to

25 be used to activate, accelerate, extend, or improve a chemical

26 reaction involved in the manufacture of methamphetamine.

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1 "Methamphetamine manufacturing environment" means a

2 structure or vehicle in which:

3 (1) methamphetamine is being or has been manufactured;

4 (2) chemicals that are being used, have been used, or

5 are intended to be used to manufacture methamphetamine are

6 stored;

7 (3) methamphetamine manufacturing materials that have

8 been used to manufacture methamphetamine are stored; or

9 (4) methamphetamine manufacturing waste is stored.

10 "Methamphetamine manufacturing material" means any

11 methamphetamine precursor, substance containing any

12 methamphetamine precursor, methamphetamine manufacturing

13 catalyst, substance containing any methamphetamine

14 manufacturing catalyst, methamphetamine manufacturing reagent,

15 substance containing any methamphetamine manufacturing

16 reagent, methamphetamine manufacturing solvent, substance

17 containing any methamphetamine manufacturing solvent, or any

18 other chemical, substance, ingredient, equipment, apparatus,

19 or item that is being used, has been used, or is intended to be

20 used in the manufacture of methamphetamine.

21 "Methamphetamine manufacturing reagent" means any

22 substance other than a methamphetamine manufacturing catalyst

23 that has been used, is being used, or is intended to be used to

24 react with and chemically alter any methamphetamine precursor.

25 "Methamphetamine manufacturing solvent" means any

26 substance that has been used, is being used, or is intended to

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1 be used as a medium in which any methamphetamine precursor,

2 methamphetamine manufacturing catalyst, methamphetamine

3 manufacturing reagent, or any substance containing any of the

4 foregoing is dissolved, diluted, or washed during any part of

5 the methamphetamine manufacturing process.

6 "Methamphetamine manufacturing waste" means any chemical,

7 substance, ingredient, equipment, apparatus, or item that is

8 left over from, results from, or is produced by the process of

9 manufacturing methamphetamine, other than finished

10 methamphetamine.

11 "Methamphetamine precursor" means ephedrine,

12 pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,

13 phenylacetone, phenyl-2-propanone, P2P, or any salt, optical

14 isomer, or salt of an optical isomer of any of these chemicals.

15 "Multi-unit dwelling" means a unified structure used or

16 intended for use as a habitation, home, or residence that

17 contains 2 or more condominiums, apartments, hotel rooms, motel

18 rooms, or other living units.

19 "Package" means an item marked for retail sale that is not

20 designed to be further broken down or subdivided for the

21 purpose of retail sale.

22 "Participate" or "participation" in the manufacture of

23 methamphetamine means to produce, prepare, compound, convert,

24 process, synthesize, concentrate, purify, separate, extract,

25 or package any methamphetamine, methamphetamine precursor,

26 methamphetamine manufacturing catalyst, methamphetamine

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1 manufacturing reagent, methamphetamine manufacturing solvent,

2 or any substance containing any of the foregoing, or to assist

3 in any of these actions, or to attempt to take any of these

4 actions, regardless of whether this action or these actions

5 result in the production of finished methamphetamine.

6 "Person with a disability" means a person who suffers from

7 a permanent physical or mental impairment resulting from

8 disease, injury, functional disorder, or congenital condition

9 which renders the person incapable of adequately providing for

10 his or her own health and personal care.

11 "Procure" means to purchase, steal, gather, or otherwise

12 obtain, by legal or illegal means, or to cause another to take

13 such action.

14 "Second or subsequent offense" means an offense under this

15 Act committed by an offender who previously committed an

16 offense under this Act, the Illinois Controlled Substances Act,

17 the Cannabis Control Act, or another Act of this State, another

18 state, or the United States relating to methamphetamine,

19 cannabis, or any other controlled substance.

20 "Standard dosage form", as used in relation to any

21 methamphetamine precursor, means that the methamphetamine

22 precursor is contained in a pill, tablet, capsule, caplet, gel

23 cap, or liquid cap that has been manufactured by a lawful

24 entity and contains a standard quantity of methamphetamine

25 precursor.

26 "Unauthorized container", as used in relation to anhydrous

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1 ammonia, means any container that is not designed for the

2 specific and sole purpose of holding, storing, transporting, or

3 applying anhydrous ammonia. "Unauthorized container" includes,

4 but is not limited to, any propane tank, fire extinguisher,

5 oxygen cylinder, gasoline can, food or beverage cooler, or

6 compressed gas cylinder used in dispensing fountain drinks.

7 "Unauthorized container" does not encompass anhydrous ammonia

8 manufacturing plants, refrigeration systems where anhydrous

9 ammonia is used solely as a refrigerant, anhydrous ammonia

10 transportation pipelines, anhydrous ammonia tankers, or

11 anhydrous ammonia barges.

12 (Source: P.A. 97-434, eff. 1-1-12.)

13 Section 90. The Code of Criminal Procedure of 1963 is

14 amended by changing Sections 110-10, 112A-11.1, 112A-11.2, and

15 112A-14 as follows:

16 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)

17 Sec. 110-10. Conditions of bail bond.

18 (a) If a person is released prior to conviction, either

19 upon payment of bail security or on his or her own

20 recognizance, the conditions of the bail bond shall be that he

21 or she will:

22 (1) Appear to answer the charge in the court having

23 jurisdiction on a day certain and thereafter as ordered by

24 the court until discharged or final order of the court;

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1 (2) Submit himself or herself to the orders and process

2 of the court;

3 (3) Not depart this State without leave of the court;

4 (4) Not violate any criminal statute of any

5 jurisdiction;

6 (5) At a time and place designated by the court,

7 surrender all firearms in his or her possession to a law

8 enforcement officer designated by the court to take custody

9 of and impound the firearms~~and physically surrender his or~~

10 ~~her Firearm Owner's Identification Card to the clerk of the~~

11 ~~circuit court~~when the offense the person has been charged

12 with is a forcible felony, stalking, aggravated stalking,

13 domestic battery, any violation of the Illinois Controlled

14 Substances Act, the Methamphetamine Control and Community

15 Protection Act, or the Cannabis Control Act that is

16 classified as a Class 2 or greater felony, or any felony

17 violation of Article 24 of the Criminal Code of 1961 or the

18 Criminal Code of 2012; the court may, however, forgo the

19 imposition of this condition when the circumstances of the

20 case clearly do not warrant it or when its imposition would

21 be impractical;~~if the Firearm Owner's Identification Card~~

22 ~~is confiscated, the clerk of the circuit court shall mail~~

23 ~~the confiscated card to the Illinois State Police;~~ all

24 legally possessed firearms shall be returned to the person

25 upon the charges being dismissed, or if the person is found

26 not guilty, unless the finding of not guilty is by reason

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1 of insanity; and

2 (6) At a time and place designated by the court, submit

3 to a psychological evaluation when the person has been

4 charged with a violation of item (4) of subsection (a) of

5 Section 24-1 of the Criminal Code of 1961 or the Criminal

6 Code of 2012 and that violation occurred in a school or in

7 any conveyance owned, leased, or contracted by a school to

8 transport students to or from school or a school-related

9 activity, or on any public way within 1,000 feet of real

10 property comprising any school.

11 Psychological evaluations ordered pursuant to this Section

12 shall be completed promptly and made available to the State,

13 the defendant, and the court. As a further condition of bail

14 under these circumstances, the court shall order the defendant

15 to refrain from entering upon the property of the school,

16 including any conveyance owned, leased, or contracted by a

17 school to transport students to or from school or a

18 school-related activity, or on any public way within 1,000 feet

19 of real property comprising any school. Upon receipt of the

20 psychological evaluation, either the State or the defendant may

21 request a change in the conditions of bail, pursuant to Section

22 110-6 of this Code. The court may change the conditions of bail

23 to include a requirement that the defendant follow the

24 recommendations of the psychological evaluation, including

25 undergoing psychiatric treatment. The conclusions of the

26 psychological evaluation and any statements elicited from the

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1 defendant during its administration are not admissible as

2 evidence of guilt during the course of any trial on the charged

3 offense, unless the defendant places his or her mental

4 competency in issue.

5 (b) The court may impose other conditions, such as the

6 following, if the court finds that such conditions are

7 reasonably necessary to assure the defendant's appearance in

8 court, protect the public from the defendant, or prevent the

9 defendant's unlawful interference with the orderly

10 administration of justice:

11 (1) Report to or appear in person before such person or

12 agency as the court may direct;

13 (2) Refrain from possessing a firearm or other

14 dangerous weapon;

15 (3) Refrain from approaching or communicating with

16 particular persons or classes of persons;

17 (4) Refrain from going to certain described

18 geographical areas or premises;

19 (5) Refrain from engaging in certain activities or

20 indulging in intoxicating liquors or in certain drugs;

21 (6) Undergo treatment for drug addiction or

22 alcoholism;

23 (7) Undergo medical or psychiatric treatment;

24 (8) Work or pursue a course of study or vocational

25 training;

26 (9) Attend or reside in a facility designated by the

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1 court;

2 (10) Support his or her dependents;

3 (11) If a minor resides with his or her parents or in a

4 foster home, attend school, attend a non-residential

5 program for youths, and contribute to his or her own

6 support at home or in a foster home;

7 (12) Observe any curfew ordered by the court;

8 (13) Remain in the custody of such designated person or

9 organization agreeing to supervise his release. Such third

10 party custodian shall be responsible for notifying the

11 court if the defendant fails to observe the conditions of

12 release which the custodian has agreed to monitor, and

13 shall be subject to contempt of court for failure so to

14 notify the court;

15 (14) Be placed under direct supervision of the Pretrial

16 Services Agency, Probation Department or Court Services

17 Department in a pretrial bond home supervision capacity

18 with or without the use of an approved electronic

19 monitoring device subject to Article 8A of Chapter V of the

20 Unified Code of Corrections;

21 (14.1) The court shall impose upon a defendant who is

22 charged with any alcohol, cannabis, methamphetamine, or

23 controlled substance violation and is placed under direct

24 supervision of the Pretrial Services Agency, Probation

25 Department or Court Services Department in a pretrial bond

26 home supervision capacity with the use of an approved

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1 monitoring device, as a condition of such bail bond, a fee

2 that represents costs incidental to the electronic

3 monitoring for each day of such bail supervision ordered by

4 the court, unless after determining the inability of the

5 defendant to pay the fee, the court assesses a lesser fee

6 or no fee as the case may be. The fee shall be collected by

7 the clerk of the circuit court, except as provided in an

8 administrative order of the Chief Judge of the circuit

9 court. The clerk of the circuit court shall pay all monies

10 collected from this fee to the county treasurer for deposit

11 in the substance abuse services fund under Section 5-1086.1

12 of the Counties Code, except as provided in an

13 administrative order of the Chief Judge of the circuit

14 court.

15 The Chief Judge of the circuit court of the county may

16 by administrative order establish a program for electronic

17 monitoring of offenders with regard to drug-related and

18 alcohol-related offenses, in which a vendor supplies and

19 monitors the operation of the electronic monitoring

20 device, and collects the fees on behalf of the county. The

21 program shall include provisions for indigent offenders

22 and the collection of unpaid fees. The program shall not

23 unduly burden the offender and shall be subject to review

24 by the Chief Judge.

25 The Chief Judge of the circuit court may suspend any

26 additional charges or fees for late payment, interest, or

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1 damage to any device;

2 (14.2) The court shall impose upon all defendants,

3 including those defendants subject to paragraph (14.1)

4 above, placed under direct supervision of the Pretrial

5 Services Agency, Probation Department or Court Services

6 Department in a pretrial bond home supervision capacity

7 with the use of an approved monitoring device, as a

8 condition of such bail bond, a fee which shall represent

9 costs incidental to such electronic monitoring for each day

10 of such bail supervision ordered by the court, unless after

11 determining the inability of the defendant to pay the fee,

12 the court assesses a lesser fee or no fee as the case may

13 be. The fee shall be collected by the clerk of the circuit

14 court, except as provided in an administrative order of the

15 Chief Judge of the circuit court. The clerk of the circuit

16 court shall pay all monies collected from this fee to the

17 county treasurer who shall use the monies collected to

18 defray the costs of corrections. The county treasurer shall

19 deposit the fee collected in the county working cash fund

20 under Section 6-27001 or Section 6-29002 of the Counties

21 Code, as the case may be, except as provided in an

22 administrative order of the Chief Judge of the circuit

23 court.

24 The Chief Judge of the circuit court of the county may

25 by administrative order establish a program for electronic

26 monitoring of offenders with regard to drug-related and

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1 alcohol-related offenses, in which a vendor supplies and

2 monitors the operation of the electronic monitoring

3 device, and collects the fees on behalf of the county. The

4 program shall include provisions for indigent offenders

5 and the collection of unpaid fees. The program shall not

6 unduly burden the offender and shall be subject to review

7 by the Chief Judge.

8 The Chief Judge of the circuit court may suspend any

9 additional charges or fees for late payment, interest, or

10 damage to any device;

11 (14.3) The Chief Judge of the Judicial Circuit may

12 establish reasonable fees to be paid by a person receiving

13 pretrial services while under supervision of a pretrial

14 services agency, probation department, or court services

15 department. Reasonable fees may be charged for pretrial

16 services including, but not limited to, pretrial

17 supervision, diversion programs, electronic monitoring,

18 victim impact services, drug and alcohol testing, DNA

19 testing, GPS electronic monitoring, assessments and

20 evaluations related to domestic violence and other

21 victims, and victim mediation services. The person

22 receiving pretrial services may be ordered to pay all costs

23 incidental to pretrial services in accordance with his or

24 her ability to pay those costs;

25 (14.4) For persons charged with violating Section

26 11-501 of the Illinois Vehicle Code, refrain from operating

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1 a motor vehicle not equipped with an ignition interlock

2 device, as defined in Section 1-129.1 of the Illinois

3 Vehicle Code, pursuant to the rules promulgated by the

4 Secretary of State for the installation of ignition

5 interlock devices. Under this condition the court may allow

6 a defendant who is not self-employed to operate a vehicle

7 owned by the defendant's employer that is not equipped with

8 an ignition interlock device in the course and scope of the

9 defendant's employment;

10 (15) Comply with the terms and conditions of an order

11 of protection issued by the court under the Illinois

12 Domestic Violence Act of 1986 or an order of protection

13 issued by the court of another state, tribe, or United

14 States territory;

15 (16) Under Section 110-6.5 comply with the conditions

16 of the drug testing program; and

17 (17) Such other reasonable conditions as the court may

18 impose.

19 (c) When a person is charged with an offense under Section

20 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

21 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

22 Criminal Code of 2012, involving a victim who is a minor under

23 18 years of age living in the same household with the defendant

24 at the time of the offense, in granting bail or releasing the

25 defendant on his own recognizance, the judge shall impose

26 conditions to restrict the defendant's access to the victim

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1 which may include, but are not limited to conditions that he

2 will:

3 1. Vacate the household.

4 2. Make payment of temporary support to his dependents.

5 3. Refrain from contact or communication with the child

6 victim, except as ordered by the court.

7 (d) When a person is charged with a criminal offense and

8 the victim is a family or household member as defined in

9 Article 112A, conditions shall be imposed at the time of the

10 defendant's release on bond that restrict the defendant's

11 access to the victim. Unless provided otherwise by the court,

12 the restrictions shall include requirements that the defendant

13 do the following:

14 (1) refrain from contact or communication with the

15 victim for a minimum period of 72 hours following the

16 defendant's release; and

17 (2) refrain from entering or remaining at the victim's

18 residence for a minimum period of 72 hours following the

19 defendant's release.

20 (e) Local law enforcement agencies shall develop

21 standardized bond forms for use in cases involving family or

22 household members as defined in Article 112A, including

23 specific conditions of bond as provided in subsection (d).

24 Failure of any law enforcement department to develop or use

25 those forms shall in no way limit the applicability and

26 enforcement of subsections (d) and (f).

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1 (f) If the defendant is admitted to bail after conviction

2 the conditions of the bail bond shall be that he will, in

3 addition to the conditions set forth in subsections (a) and (b)

4 hereof:

5 (1) Duly prosecute his appeal;

6 (2) Appear at such time and place as the court may

7 direct;

8 (3) Not depart this State without leave of the court;

9 (4) Comply with such other reasonable conditions as the

10 court may impose; and

11 (5) If the judgment is affirmed or the cause reversed

12 and remanded for a new trial, forthwith surrender to the

13 officer from whose custody he was bailed.

14 (g) Upon a finding of guilty for any felony offense, the

15 defendant shall physically surrender, at a time and place

16 designated by the court, any and all firearms in his or her

17 possession ~~and his or her Firearm Owner's Identification Card~~

18 as a condition of remaining on bond pending sentencing.

19 (Source: P.A. 99-797, eff. 8-12-16.)

20 (725 ILCS 5/112A-11.1)

21 Sec. 112A-11.1. Procedure for determining whether certain

22 misdemeanor crimes are crimes of domestic violence for purposes

23 of federal law.

24 (a) When a defendant has been charged with a violation of

25 Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the

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1 Criminal Code of 1961 or the Criminal Code of 2012, the State

2 may, at arraignment or no later than 45 days after arraignment,

3 for the purpose of notification to the Department of State

4 Police ~~Firearm Owner's Identification Card Office~~, serve on the

5 defendant and file with the court a notice alleging that

6 conviction of the offense would subject the defendant to the

7 prohibitions of 18 U.S.C. 922(g)(9) because of the relationship

8 between the defendant and the alleged victim and the nature of

9 the alleged offense.

10 (b) The notice shall include the name of the person alleged

11 to be the victim of the crime and shall specify the nature of

12 the alleged relationship as set forth in 18 U.S.C.

13 921(a)(33)(A)(ii). It shall also specify the element of the

14 charged offense which requires the use or attempted use of

15 physical force, or the threatened use of a deadly weapon, as

16 set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include

17 notice that the defendant is entitled to a hearing on the

18 allegation contained in the notice and that if the allegation

19 is sustained, that determination and conviction shall be

20 reported to the Department of State Police ~~Firearm Owner's~~

21 ~~Identification Card Office~~.

22 (c) After having been notified as provided in subsection

23 (b) of this Section, the defendant may stipulate or admit,

24 orally on the record or in writing, that conviction of the

25 offense would subject the defendant to the prohibitions of 18

26 U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.

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1 922(g)(9) shall be deemed established for purposes of Section

2 112A-11.2. If the defendant denies the applicability of 18

3 U.S.C. 922(g)(9) as alleged in the notice served by the State,

4 or stands mute with respect to that allegation, then the State

5 shall bear the burden to prove beyond a reasonable doubt that

6 the offense is one to which the prohibitions of 18 U.S.C.

7 922(g)(9) apply. The court may consider reliable hearsay

8 evidence submitted by either party provided that it is relevant

9 to the determination of the allegation. Facts previously proven

10 at trial or elicited at the time of entry of a plea of guilty

11 shall be deemed established beyond a reasonable doubt and shall

12 not be relitigated. At the conclusion of the hearing, or upon a

13 stipulation or admission, as applicable, the court shall make a

14 specific written determination with respect to the allegation.

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

16 (725 ILCS 5/112A-11.2)

17 Sec. 112A-11.2. Notification to the Department of State

18 Police ~~Firearm Owner's Identification Card Office~~of

19 determinations in certain misdemeanor cases. Upon judgment of

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

21 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal

22 Code of 2012 when the defendant has been determined, under

23 Section 112A-11.1, to be subject to the prohibitions of 18

24 U.S.C. 922(g)(9), the circuit court clerk shall include

25 notification and a copy of the written determination in a

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1 report of the conviction to the Department of State Police

2 ~~Firearm Owner's Identification Card Office~~ to enable the office

3 to report that determination to the Federal Bureau of

4 Investigation and assist the Bureau in identifying persons

5 prohibited from purchasing and possessing a firearm pursuant to

6 the provisions of 18 U.S.C. 922.

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

8 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)

9 Sec. 112A-14. Order of protection; remedies.

10 (a) Issuance of order. If the court finds that petitioner

11 has been abused by a family or household member, as defined in

12 this Article, an order of protection prohibiting such abuse

13 shall issue; provided that petitioner must also satisfy the

14 requirements of one of the following Sections, as appropriate:

15 Section 112A-17 on emergency orders, Section 112A-18 on interim

16 orders, or Section 112A-19 on plenary orders. Petitioner shall

17 not be denied an order of protection because petitioner or

18 respondent is a minor. The court, when determining whether or

19 not to issue an order of protection, shall not require physical

20 manifestations of abuse on the person of the victim.

21 Modification and extension of prior orders of protection shall

22 be in accordance with this Article.

23 (b) Remedies and standards. The remedies to be included in

24 an order of protection shall be determined in accordance with

25 this Section and one of the following Sections, as appropriate:

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1 Section 112A-17 on emergency orders, Section 112A-18 on interim

2 orders, and Section 112A-19 on plenary orders. The remedies

3 listed in this subsection shall be in addition to other civil

4 or criminal remedies available to petitioner.

5 (1) Prohibition of abuse. Prohibit respondent's

6 harassment, interference with personal liberty,

7 intimidation of a dependent, physical abuse or willful

8 deprivation, as defined in this Article, if such abuse has

9 occurred or otherwise appears likely to occur if not

10 prohibited.

11 (2) Grant of exclusive possession of residence.

12 Prohibit respondent from entering or remaining in any

13 residence, household, or premises of the petitioner,

14 including one owned or leased by respondent, if petitioner

15 has a right to occupancy thereof. The grant of exclusive

16 possession of the residence, household, or premises shall

17 not affect title to real property, nor shall the court be

18 limited by the standard set forth in Section 701 of the

19 Illinois Marriage and Dissolution of Marriage Act.

20 (A) Right to occupancy. A party has a right to

21 occupancy of a residence or household if it is solely

22 or jointly owned or leased by that party, that party's

23 spouse, a person with a legal duty to support that

24 party or a minor child in that party's care, or by any

25 person or entity other than the opposing party that

26 authorizes that party's occupancy (e.g., a domestic

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1 violence shelter). Standards set forth in subparagraph

2 (B) shall not preclude equitable relief.

3 (B) Presumption of hardships. If petitioner and

4 respondent each has the right to occupancy of a

5 residence or household, the court shall balance (i) the

6 hardships to respondent and any minor child or

7 dependent adult in respondent's care resulting from

8 entry of this remedy with (ii) the hardships to

9 petitioner and any minor child or dependent adult in

10 petitioner's care resulting from continued exposure to

11 the risk of abuse (should petitioner remain at the

12 residence or household) or from loss of possession of

13 the residence or household (should petitioner leave to

14 avoid the risk of abuse). When determining the balance

15 of hardships, the court shall also take into account

16 the accessibility of the residence or household.

17 Hardships need not be balanced if respondent does not

18 have a right to occupancy.

19 The balance of hardships is presumed to favor

20 possession by petitioner unless the presumption is

21 rebutted by a preponderance of the evidence, showing

22 that the hardships to respondent substantially

23 outweigh the hardships to petitioner and any minor

24 child or dependent adult in petitioner's care. The

25 court, on the request of petitioner or on its own

26 motion, may order respondent to provide suitable,

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1 accessible, alternate housing for petitioner instead

2 of excluding respondent from a mutual residence or

3 household.

4 (3) Stay away order and additional prohibitions. Order

5 respondent to stay away from petitioner or any other person

6 protected by the order of protection, or prohibit

7 respondent from entering or remaining present at

8 petitioner's school, place of employment, or other

9 specified places at times when petitioner is present, or

10 both, if reasonable, given the balance of hardships.

11 Hardships need not be balanced for the court to enter a

12 stay away order or prohibit entry if respondent has no

13 right to enter the premises.

14 If an order of protection grants petitioner exclusive

15 possession of the residence, or prohibits respondent from

16 entering the residence, or orders respondent to stay away

17 from petitioner or other protected persons, then the court

18 may allow respondent access to the residence to remove

19 items of clothing and personal adornment used exclusively

20 by respondent, medications, and other items as the court

21 directs. The right to access shall be exercised on only one

22 occasion as the court directs and in the presence of an

23 agreed-upon adult third party or law enforcement officer.

24 (4) Counseling. Require or recommend the respondent to

25 undergo counseling for a specified duration with a social

26 worker, psychologist, clinical psychologist, psychiatrist,

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1 family service agency, alcohol or substance abuse program,

2 mental health center guidance counselor, agency providing

3 services to elders, program designed for domestic violence

4 abusers or any other guidance service the court deems

5 appropriate. The court may order the respondent in any

6 intimate partner relationship to report to an Illinois

7 Department of Human Services protocol approved partner

8 abuse intervention program for an assessment and to follow

9 all recommended treatment.

10 (5) Physical care and possession of the minor child. In

11 order to protect the minor child from abuse, neglect, or

12 unwarranted separation from the person who has been the

13 minor child's primary caretaker, or to otherwise protect

14 the well-being of the minor child, the court may do either

15 or both of the following: (i) grant petitioner physical

16 care or possession of the minor child, or both, or (ii)

17 order respondent to return a minor child to, or not remove

18 a minor child from, the physical care of a parent or person

19 in loco parentis.

20 If a court finds, after a hearing, that respondent has

21 committed abuse (as defined in Section 112A-3) of a minor

22 child, there shall be a rebuttable presumption that

23 awarding physical care to respondent would not be in the

24 minor child's best interest.

25 (6) Temporary legal custody. Award temporary legal

26 custody to petitioner in accordance with this Section, the

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1 Illinois Marriage and Dissolution of Marriage Act, the

2 Illinois Parentage Act of 2015, and this State's Uniform

3 Child-Custody Jurisdiction and Enforcement Act.

4 If a court finds, after a hearing, that respondent has

5 committed abuse (as defined in Section 112A-3) of a minor

6 child, there shall be a rebuttable presumption that

7 awarding temporary legal custody to respondent would not be

8 in the child's best interest.

9 (7) Visitation. Determine the visitation rights, if

10 any, of respondent in any case in which the court awards

11 physical care or temporary legal custody of a minor child

12 to petitioner. The court shall restrict or deny

13 respondent's visitation with a minor child if the court

14 finds that respondent has done or is likely to do any of

15 the following: (i) abuse or endanger the minor child during

16 visitation; (ii) use the visitation as an opportunity to

17 abuse or harass petitioner or petitioner's family or

18 household members; (iii) improperly conceal or detain the

19 minor child; or (iv) otherwise act in a manner that is not

20 in the best interests of the minor child. The court shall

21 not be limited by the standards set forth in Section 607.1

22 of the Illinois Marriage and Dissolution of Marriage Act.

23 If the court grants visitation, the order shall specify

24 dates and times for the visitation to take place or other

25 specific parameters or conditions that are appropriate. No

26 order for visitation shall refer merely to the term

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1 "reasonable visitation".

2 Petitioner may deny respondent access to the minor

3 child if, when respondent arrives for visitation,

4 respondent is under the influence of drugs or alcohol and

5 constitutes a threat to the safety and well-being of

6 petitioner or petitioner's minor children or is behaving in

7 a violent or abusive manner.

8 If necessary to protect any member of petitioner's

9 family or household from future abuse, respondent shall be

10 prohibited from coming to petitioner's residence to meet

11 the minor child for visitation, and the parties shall

12 submit to the court their recommendations for reasonable

13 alternative arrangements for visitation. A person may be

14 approved to supervise visitation only after filing an

15 affidavit accepting that responsibility and acknowledging

16 accountability to the court.

17 (8) Removal or concealment of minor child. Prohibit

18 respondent from removing a minor child from the State or

19 concealing the child within the State.

20 (9) Order to appear. Order the respondent to appear in

21 court, alone or with a minor child, to prevent abuse,

22 neglect, removal or concealment of the child, to return the

23 child to the custody or care of the petitioner or to permit

24 any court-ordered interview or examination of the child or

25 the respondent.

26 (10) Possession of personal property. Grant petitioner

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1 exclusive possession of personal property and, if

2 respondent has possession or control, direct respondent to

3 promptly make it available to petitioner, if:

4 (i) petitioner, but not respondent, owns the

5 property; or

6 (ii) the parties own the property jointly; sharing

7 it would risk abuse of petitioner by respondent or is

8 impracticable; and the balance of hardships favors

9 temporary possession by petitioner.

10 If petitioner's sole claim to ownership of the property

11 is that it is marital property, the court may award

12 petitioner temporary possession thereof under the

13 standards of subparagraph (ii) of this paragraph only if a

14 proper proceeding has been filed under the Illinois

15 Marriage and Dissolution of Marriage Act, as now or

16 hereafter amended.

17 No order under this provision shall affect title to

18 property.

19 (11) Protection of property. Forbid the respondent

20 from taking, transferring, encumbering, concealing,

21 damaging or otherwise disposing of any real or personal

22 property, except as explicitly authorized by the court, if:

23 (i) petitioner, but not respondent, owns the

24 property; or

25 (ii) the parties own the property jointly, and the

26 balance of hardships favors granting this remedy.

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1 If petitioner's sole claim to ownership of the property

2 is that it is marital property, the court may grant

3 petitioner relief under subparagraph (ii) of this

4 paragraph only if a proper proceeding has been filed under

5 the Illinois Marriage and Dissolution of Marriage Act, as

6 now or hereafter amended.

7 The court may further prohibit respondent from

8 improperly using the financial or other resources of an

9 aged member of the family or household for the profit or

10 advantage of respondent or of any other person.

11 (11.5) Protection of animals. Grant the petitioner the

12 exclusive care, custody, or control of any animal owned,

13 possessed, leased, kept, or held by either the petitioner

14 or the respondent or a minor child residing in the

15 residence or household of either the petitioner or the

16 respondent and order the respondent to stay away from the

17 animal and forbid the respondent from taking,

18 transferring, encumbering, concealing, harming, or

19 otherwise disposing of the animal.

20 (12) Order for payment of support. Order respondent to

21 pay temporary support for the petitioner or any child in

22 the petitioner's care or custody, when the respondent has a

23 legal obligation to support that person, in accordance with

24 the Illinois Marriage and Dissolution of Marriage Act,

25 which shall govern, among other matters, the amount of

26 support, payment through the clerk and withholding of

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1 income to secure payment. An order for child support may be

2 granted to a petitioner with lawful physical care or

3 custody of a child, or an order or agreement for physical

4 care or custody, prior to entry of an order for legal

5 custody. Such a support order shall expire upon entry of a

6 valid order granting legal custody to another, unless

7 otherwise provided in the custody order.

8 (13) Order for payment of losses. Order respondent to

9 pay petitioner for losses suffered as a direct result of

10 the abuse. Such losses shall include, but not be limited

11 to, medical expenses, lost earnings or other support,

12 repair or replacement of property damaged or taken,

13 reasonable attorney's fees, court costs and moving or other

14 travel expenses, including additional reasonable expenses

15 for temporary shelter and restaurant meals.

16 (i) Losses affecting family needs. If a party is

17 entitled to seek maintenance, child support or

18 property distribution from the other party under the

19 Illinois Marriage and Dissolution of Marriage Act, as

20 now or hereafter amended, the court may order

21 respondent to reimburse petitioner's actual losses, to

22 the extent that such reimbursement would be

23 "appropriate temporary relief", as authorized by

24 subsection (a)(3) of Section 501 of that Act.

25 (ii) Recovery of expenses. In the case of an

26 improper concealment or removal of a minor child, the

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1 court may order respondent to pay the reasonable

2 expenses incurred or to be incurred in the search for

3 and recovery of the minor child, including but not

4 limited to legal fees, court costs, private

5 investigator fees, and travel costs.

6 (14) Prohibition of entry. Prohibit the respondent

7 from entering or remaining in the residence or household

8 while the respondent is under the influence of alcohol or

9 drugs and constitutes a threat to the safety and well-being

10 of the petitioner or the petitioner's children.

11 (14.5) Prohibition of firearm possession.

12 (A) A person who is subject to an existing order of

13 protection, interim order of protection, emergency

14 order of protection, or plenary order of protection,

15 issued under this Code may not lawfully possess

16 firearms, stun guns, or tasers ~~weapons under Section~~

17 ~~8.2 of the Firearm Owners Identification Card Act~~.

18 (B) Any firearms in the possession of the

19 respondent, except as provided in subparagraph (C) of

20 this paragraph (14.5), shall be ordered by the court to

21 be turned over to a personwho is not prohibited under

22 State or federal law from possessing firearms ~~with a~~

23 ~~valid Firearm Owner's Identification Card for~~

24 ~~safekeeping. The court shall issue an order that the~~

25 ~~respondent's Firearm Owner's Identification Card be~~

26 ~~turned over to the local law enforcement agency, which~~

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1 ~~in turn shall immediately mail the card to the~~

2 ~~Department of State Police Firearm Owner's~~

3 ~~Identification Card Office for safekeeping~~. The period

4 of safekeeping shall be for the duration of the order

5 of protection. The firearm or firearms ~~and Firearm~~

6 ~~Owner's Identification Card, if unexpired,~~ shall at

7 the respondent's request be returned to the respondent

8 at expiration of the order of protection.

9 (C) If the respondent is a peace officer as defined

10 in Section 2-13 of the Criminal Code of 2012, the court

11 shall order that any firearms used by the respondent in

12 the performance of his or her duties as a peace officer

13 be surrendered to the chief law enforcement executive

14 of the agency in which the respondent is employed, who

15 shall retain the firearms for safekeeping for the

16 duration of the order of protection.

17 (D) Upon expiration of the period of safekeeping,

18 if the firearms ~~or Firearm Owner's Identification Card~~

19 cannot be returned to respondent because respondent

20 cannot be located, fails to respond to requests to

21 retrieve the firearms, or is not lawfully eligible to

22 possess a firearm, upon petition from the local law

23 enforcement agency, the court may order the local law

24 enforcement agency to destroy the firearms, use the

25 firearms for training purposes, or for any other

26 application as deemed appropriate by the local law

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1 enforcement agency; or that the firearms be turned over

2 to a third party who is lawfully eligible to possess

3 firearms, and who does not reside with respondent.

4 (15) Prohibition of access to records. If an order of

5 protection prohibits respondent from having contact with

6 the minor child, or if petitioner's address is omitted

7 under subsection (b) of Section 112A-5, or if necessary to

8 prevent abuse or wrongful removal or concealment of a minor

9 child, the order shall deny respondent access to, and

10 prohibit respondent from inspecting, obtaining, or

11 attempting to inspect or obtain, school or any other

12 records of the minor child who is in the care of

13 petitioner.

14 (16) Order for payment of shelter services. Order

15 respondent to reimburse a shelter providing temporary

16 housing and counseling services to the petitioner for the

17 cost of the services, as certified by the shelter and

18 deemed reasonable by the court.

19 (17) Order for injunctive relief. Enter injunctive

20 relief necessary or appropriate to prevent further abuse of

21 a family or household member or to effectuate one of the

22 granted remedies, if supported by the balance of hardships.

23 If the harm to be prevented by the injunction is abuse or

24 any other harm that one of the remedies listed in

25 paragraphs (1) through (16) of this subsection is designed

26 to prevent, no further evidence is necessary to establish

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1 that the harm is an irreparable injury.

2 (c) Relevant factors; findings.

3 (1) In determining whether to grant a specific remedy,

4 other than payment of support, the court shall consider

5 relevant factors, including but not limited to the

6 following:

7 (i) the nature, frequency, severity, pattern and

8 consequences of the respondent's past abuse of the

9 petitioner or any family or household member,

10 including the concealment of his or her location in

11 order to evade service of process or notice, and the

12 likelihood of danger of future abuse to petitioner or

13 any member of petitioner's or respondent's family or

14 household; and

15 (ii) the danger that any minor child will be abused

16 or neglected or improperly removed from the

17 jurisdiction, improperly concealed within the State or

18 improperly separated from the child's primary

19 caretaker.

20 (2) In comparing relative hardships resulting to the

21 parties from loss of possession of the family home, the

22 court shall consider relevant factors, including but not

23 limited to the following:

24 (i) availability, accessibility, cost, safety,

25 adequacy, location and other characteristics of

26 alternate housing for each party and any minor child or

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1 dependent adult in the party's care;

2 (ii) the effect on the party's employment; and

3 (iii) the effect on the relationship of the party,

4 and any minor child or dependent adult in the party's

5 care, to family, school, church and community.

6 (3) Subject to the exceptions set forth in paragraph

7 (4) of this subsection, the court shall make its findings

8 in an official record or in writing, and shall at a minimum

9 set forth the following:

10 (i) That the court has considered the applicable

11 relevant factors described in paragraphs (1) and (2) of

12 this subsection.

13 (ii) Whether the conduct or actions of respondent,

14 unless prohibited, will likely cause irreparable harm

15 or continued abuse.

16 (iii) Whether it is necessary to grant the

17 requested relief in order to protect petitioner or

18 other alleged abused persons.

19 (4) For purposes of issuing an ex parte emergency order

20 of protection, the court, as an alternative to or as a

21 supplement to making the findings described in paragraphs

22 (c)(3)(i) through (c)(3)(iii) of this subsection, may use

23 the following procedure:

24 When a verified petition for an emergency order of

25 protection in accordance with the requirements of Sections

26 112A-5 and 112A-17 is presented to the court, the court

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1 shall examine petitioner on oath or affirmation. An

2 emergency order of protection shall be issued by the court

3 if it appears from the contents of the petition and the

4 examination of petitioner that the averments are

5 sufficient to indicate abuse by respondent and to support

6 the granting of relief under the issuance of the emergency

7 order of protection.

8 (5) Never married parties. No rights or

9 responsibilities for a minor child born outside of marriage

10 attach to a putative father until a father and child

11 relationship has been established under the Illinois

12 Parentage Act of 1984 or under the Illinois Parentage Act

13 of 2015 on and after the effective date of that Act. Absent

14 such an adjudication, no putative father shall be granted

15 temporary custody of the minor child, visitation with the

16 minor child, or physical care and possession of the minor

17 child, nor shall an order of payment for support of the

18 minor child be entered.

19 (d) Balance of hardships; findings. If the court finds that

20 the balance of hardships does not support the granting of a

21 remedy governed by paragraph (2), (3), (10), (11), or (16) of

22 subsection (b) of this Section, which may require such

23 balancing, the court's findings shall so indicate and shall

24 include a finding as to whether granting the remedy will result

25 in hardship to respondent that would substantially outweigh the

26 hardship to petitioner from denial of the remedy. The findings

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1 shall be an official record or in writing.

2 (e) Denial of remedies. Denial of any remedy shall not be

3 based, in whole or in part, on evidence that:

4 (1) Respondent has cause for any use of force, unless

5 that cause satisfies the standards for justifiable use of

6 force provided by Article 7 of the Criminal Code of 2012;

7 (2) Respondent was voluntarily intoxicated;

8 (3) Petitioner acted in self-defense or defense of

9 another, provided that, if petitioner utilized force, such

10 force was justifiable under Article 7 of the Criminal Code

11 of 2012;

12 (4) Petitioner did not act in self-defense or defense

13 of another;

14 (5) Petitioner left the residence or household to avoid

15 further abuse by respondent;

16 (6) Petitioner did not leave the residence or household

17 to avoid further abuse by respondent;

18 (7) Conduct by any family or household member excused

19 the abuse by respondent, unless that same conduct would

20 have excused such abuse if the parties had not been family

21 or household members.

22 (Source: P.A. 98-63, eff. 7-9-13; 99-85, eff. 1-1-16.)

23 Section 95. The Unified Code of Corrections is amended by

24 changing Sections 5-5-3, 5-5-3.2, and 5-6-3 as follows:

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1 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)

2 Sec. 5-5-3. Disposition.

3 (a) (Blank).

4 (b) (Blank).

5 (c) (1) (Blank).

6 (2) A period of probation, a term of periodic imprisonment

7 or conditional discharge shall not be imposed for the following

8 offenses. The court shall sentence the offender to not less

9 than the minimum term of imprisonment set forth in this Code

10 for the following offenses, and may order a fine or restitution

11 or both in conjunction with such term of imprisonment:

12 (A) First degree murder where the death penalty is not

13 imposed.

14 (B) Attempted first degree murder.

15 (C) A Class X felony.

16 (D) A violation of Section 401.1 or 407 of the Illinois

17 Controlled Substances Act, or a violation of subdivision

18 (c)(1.5) or (c)(2) of Section 401 of that Act which relates

19 to more than 5 grams of a substance containing cocaine,

20 fentanyl, or an analog thereof.

21 (D-5) A violation of subdivision (c)(1) of Section 401

22 of the Illinois Controlled Substances Act which relates to

23 3 or more grams of a substance containing heroin or an

24 analog thereof.

25 (E) A violation of Section 5.1 or 9 of the Cannabis

26 Control Act.

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1 (F) A Class 2 or greater felony if the offender had

2 been convicted of a Class 2 or greater felony, including

3 any state or federal conviction for an offense that

4 contained, at the time it was committed, the same elements

5 as an offense now (the date of the offense committed after

6 the prior Class 2 or greater felony) classified as a Class

7 2 or greater felony, within 10 years of the date on which

8 the offender committed the offense for which he or she is

9 being sentenced, except as otherwise provided in Section

10 40-10 of the Alcoholism and Other Drug Abuse and Dependency

11 Act.

12 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of

13 the Criminal Code of 1961 or the Criminal Code of 2012 for

14 which imprisonment is prescribed in those Sections.

15 (G) Residential burglary, except as otherwise provided

16 in Section 40-10 of the Alcoholism and Other Drug Abuse and

17 Dependency Act.

18 (H) Criminal sexual assault.

19 (I) Aggravated battery of a senior citizen as described

20 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05

21 of the Criminal Code of 1961 or the Criminal Code of 2012.

22 (J) A forcible felony if the offense was related to the

23 activities of an organized gang.

24 Before July 1, 1994, for the purposes of this

25 paragraph, "organized gang" means an association of 5 or

26 more persons, with an established hierarchy, that

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1 encourages members of the association to perpetrate crimes

2 or provides support to the members of the association who

3 do commit crimes.

4 Beginning July 1, 1994, for the purposes of this

5 paragraph, "organized gang" has the meaning ascribed to it

6 in Section 10 of the Illinois Streetgang Terrorism Omnibus

7 Prevention Act.

8 (K) Vehicular hijacking.

9 (L) A second or subsequent conviction for the offense

10 of hate crime when the underlying offense upon which the

11 hate crime is based is felony aggravated assault or felony

12 mob action.

13 (M) A second or subsequent conviction for the offense

14 of institutional vandalism if the damage to the property

15 exceeds $300.

16 (N) (Blank). ~~A Class 3 felony violation of paragraph~~

17 ~~(1) of subsection (a) of Section 2 of the Firearm Owners~~

18 ~~Identification Card Act.~~

19 (O) A violation of Section 12-6.1 or 12-6.5 of the

20 Criminal Code of 1961 or the Criminal Code of 2012.

21 (P) A violation of paragraph (1), (2), (3), (4), (5),

22 or (7) of subsection (a) of Section 11-20.1 of the Criminal

23 Code of 1961 or the Criminal Code of 2012.

24 (Q) A violation of subsection (b) or (b-5) of Section

25 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

26 Code of 1961 or the Criminal Code of 2012.

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1 (R) A violation of Section 24-3A of the Criminal Code

2 of 1961 or the Criminal Code of 2012.

3 (S) (Blank).

4 (T) A second or subsequent violation of the

5 Methamphetamine Control and Community Protection Act.

6 (U) A second or subsequent violation of Section 6-303

7 of the Illinois Vehicle Code committed while his or her

8 driver's license, permit, or privilege was revoked because

9 of a violation of Section 9-3 of the Criminal Code of 1961

10 or the Criminal Code of 2012, relating to the offense of

11 reckless homicide, or a similar provision of a law of

12 another state.

13 (V) A violation of paragraph (4) of subsection (c) of

14 Section 11-20.1B or paragraph (4) of subsection (c) of

15 Section 11-20.3 of the Criminal Code of 1961, or paragraph

16 (6) of subsection (a) of Section 11-20.1 of the Criminal

17 Code of 2012 when the victim is under 13 years of age and

18 the defendant has previously been convicted under the laws

19 of this State or any other state of the offense of child

20 pornography, aggravated child pornography, aggravated

21 criminal sexual abuse, aggravated criminal sexual assault,

22 predatory criminal sexual assault of a child, or any of the

23 offenses formerly known as rape, deviate sexual assault,

24 indecent liberties with a child, or aggravated indecent

25 liberties with a child where the victim was under the age

26 of 18 years or an offense that is substantially equivalent

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1 to those offenses.

2 (W) A violation of Section 24-3.5 of the Criminal Code

3 of 1961 or the Criminal Code of 2012.

4 (X) A violation of subsection (a) of Section 31-1a of

5 the Criminal Code of 1961 or the Criminal Code of 2012.

6 (Y) A conviction for unlawful possession of a firearm

7 by a street gang member when the firearm was loaded or

8 contained firearm ammunition.

9 (Z) A Class 1 felony committed while he or she was

10 serving a term of probation or conditional discharge for a

11 felony.

12 (AA) Theft of property exceeding $500,000 and not

13 exceeding $1,000,000 in value.

14 (BB) Laundering of criminally derived property of a

15 value exceeding $500,000.

16 (CC) Knowingly selling, offering for sale, holding for

17 sale, or using 2,000 or more counterfeit items or

18 counterfeit items having a retail value in the aggregate of

19 $500,000 or more.

20 (DD) A conviction for aggravated assault under

21 paragraph (6) of subsection (c) of Section 12-2 of the

22 Criminal Code of 1961 or the Criminal Code of 2012 if the

23 firearm is aimed toward the person against whom the firearm

24 is being used.

25 (EE) A conviction for a violation of paragraph (2) of

26 subsection (a) of Section 24-3B of the Criminal Code of

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1 2012.

2 (3) (Blank).

3 (4) A minimum term of imprisonment of not less than 10

4 consecutive days or 30 days of community service shall be

5 imposed for a violation of paragraph (c) of Section 6-303 of

6 the Illinois Vehicle Code.

7 (4.1) (Blank).

8 (4.2) Except as provided in paragraphs (4.3) and (4.8) of

9 this subsection (c), a minimum of 100 hours of community

10 service shall be imposed for a second violation of Section

11 6-303 of the Illinois Vehicle Code.

12 (4.3) A minimum term of imprisonment of 30 days or 300

13 hours of community service, as determined by the court, shall

14 be imposed for a second violation of subsection (c) of Section

15 6-303 of the Illinois Vehicle Code.

16 (4.4) Except as provided in paragraphs (4.5), (4.6), and

17 (4.9) of this subsection (c), a minimum term of imprisonment of

18 30 days or 300 hours of community service, as determined by the

19 court, shall be imposed for a third or subsequent violation of

20 Section 6-303 of the Illinois Vehicle Code.

21 (4.5) A minimum term of imprisonment of 30 days shall be

22 imposed for a third violation of subsection (c) of Section

23 6-303 of the Illinois Vehicle Code.

24 (4.6) Except as provided in paragraph (4.10) of this

25 subsection (c), a minimum term of imprisonment of 180 days

26 shall be imposed for a fourth or subsequent violation of

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1 subsection (c) of Section 6-303 of the Illinois Vehicle Code.

2 (4.7) A minimum term of imprisonment of not less than 30

3 consecutive days, or 300 hours of community service, shall be

4 imposed for a violation of subsection (a-5) of Section 6-303 of

5 the Illinois Vehicle Code, as provided in subsection (b-5) of

6 that Section.

7 (4.8) A mandatory prison sentence shall be imposed for a

8 second violation of subsection (a-5) of Section 6-303 of the

9 Illinois Vehicle Code, as provided in subsection (c-5) of that

10 Section. The person's driving privileges shall be revoked for a

11 period of not less than 5 years from the date of his or her

12 release from prison.

13 (4.9) A mandatory prison sentence of not less than 4 and

14 not more than 15 years shall be imposed for a third violation

15 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

16 Code, as provided in subsection (d-2.5) of that Section. The

17 person's driving privileges shall be revoked for the remainder

18 of his or her life.

19 (4.10) A mandatory prison sentence for a Class 1 felony

20 shall be imposed, and the person shall be eligible for an

21 extended term sentence, for a fourth or subsequent violation of

22 subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,

23 as provided in subsection (d-3.5) of that Section. The person's

24 driving privileges shall be revoked for the remainder of his or

25 her life.

26 (5) The court may sentence a corporation or unincorporated

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1 association convicted of any offense to:

2 (A) a period of conditional discharge;

3 (B) a fine;

4 (C) make restitution to the victim under Section 5-5-6

5 of this Code.

6 (5.1) In addition to any other penalties imposed, and

7 except as provided in paragraph (5.2) or (5.3), a person

8 convicted of violating subsection (c) of Section 11-907 of the

9 Illinois Vehicle Code shall have his or her driver's license,

10 permit, or privileges suspended for at least 90 days but not

11 more than one year, if the violation resulted in damage to the

12 property of another person.

13 (5.2) In addition to any other penalties imposed, and

14 except as provided in paragraph (5.3), a person convicted of

15 violating subsection (c) of Section 11-907 of the Illinois

16 Vehicle Code shall have his or her driver's license, permit, or

17 privileges suspended for at least 180 days but not more than 2

18 years, if the violation resulted in injury to another person.

19 (5.3) In addition to any other penalties imposed, a person

20 convicted of violating subsection (c) of Section 11-907 of the

21 Illinois Vehicle Code shall have his or her driver's license,

22 permit, or privileges suspended for 2 years, if the violation

23 resulted in the death of another person.

24 (5.4) In addition to any other penalties imposed, a person

25 convicted of violating Section 3-707 of the Illinois Vehicle

26 Code shall have his or her driver's license, permit, or

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1 privileges suspended for 3 months and until he or she has paid

2 a reinstatement fee of $100.

3 (5.5) In addition to any other penalties imposed, a person

4 convicted of violating Section 3-707 of the Illinois Vehicle

5 Code during a period in which his or her driver's license,

6 permit, or privileges were suspended for a previous violation

7 of that Section shall have his or her driver's license, permit,

8 or privileges suspended for an additional 6 months after the

9 expiration of the original 3-month suspension and until he or

10 she has paid a reinstatement fee of $100.

11 (6) (Blank).

12 (7) (Blank).

13 (8) (Blank).

14 (9) A defendant convicted of a second or subsequent offense

15 of ritualized abuse of a child may be sentenced to a term of

16 natural life imprisonment.

17 (10) (Blank).

18 (11) The court shall impose a minimum fine of $1,000 for a

19 first offense and $2,000 for a second or subsequent offense

20 upon a person convicted of or placed on supervision for battery

21 when the individual harmed was a sports official or coach at

22 any level of competition and the act causing harm to the sports

23 official or coach occurred within an athletic facility or

24 within the immediate vicinity of the athletic facility at which

25 the sports official or coach was an active participant of the

26 athletic contest held at the athletic facility. For the

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1 purposes of this paragraph (11), "sports official" means a

2 person at an athletic contest who enforces the rules of the

3 contest, such as an umpire or referee; "athletic facility"

4 means an indoor or outdoor playing field or recreational area

5 where sports activities are conducted; and "coach" means a

6 person recognized as a coach by the sanctioning authority that

7 conducted the sporting event.

8 (12) A person may not receive a disposition of court

9 supervision for a violation of Section 5-16 of the Boat

10 Registration and Safety Act if that person has previously

11 received a disposition of court supervision for a violation of

12 that Section.

13 (13) A person convicted of or placed on court supervision

14 for an assault or aggravated assault when the victim and the

15 offender are family or household members as defined in Section

16 103 of the Illinois Domestic Violence Act of 1986 or convicted

17 of domestic battery or aggravated domestic battery may be

18 required to attend a Partner Abuse Intervention Program under

19 protocols set forth by the Illinois Department of Human

20 Services under such terms and conditions imposed by the court.

21 The costs of such classes shall be paid by the offender.

22 (d) In any case in which a sentence originally imposed is

23 vacated, the case shall be remanded to the trial court. The

24 trial court shall hold a hearing under Section 5-4-1 of the

25 Unified Code of Corrections which may include evidence of the

26 defendant's life, moral character and occupation during the

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1 time since the original sentence was passed. The trial court

2 shall then impose sentence upon the defendant. The trial court

3 may impose any sentence which could have been imposed at the

4 original trial subject to Section 5-5-4 of the Unified Code of

5 Corrections. If a sentence is vacated on appeal or on

6 collateral attack due to the failure of the trier of fact at

7 trial to determine beyond a reasonable doubt the existence of a

8 fact (other than a prior conviction) necessary to increase the

9 punishment for the offense beyond the statutory maximum

10 otherwise applicable, either the defendant may be re-sentenced

11 to a term within the range otherwise provided or, if the State

12 files notice of its intention to again seek the extended

13 sentence, the defendant shall be afforded a new trial.

14 (e) In cases where prosecution for aggravated criminal

15 sexual abuse under Section 11-1.60 or 12-16 of the Criminal

16 Code of 1961 or the Criminal Code of 2012 results in conviction

17 of a defendant who was a family member of the victim at the

18 time of the commission of the offense, the court shall consider

19 the safety and welfare of the victim and may impose a sentence

20 of probation only where:

21 (1) the court finds (A) or (B) or both are appropriate:

22 (A) the defendant is willing to undergo a court

23 approved counseling program for a minimum duration of 2

24 years; or

25 (B) the defendant is willing to participate in a

26 court approved plan including but not limited to the

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1 defendant's:

2 (i) removal from the household;

3 (ii) restricted contact with the victim;

4 (iii) continued financial support of the

5 family;

6 (iv) restitution for harm done to the victim;

7 and

8 (v) compliance with any other measures that

9 the court may deem appropriate; and

10 (2) the court orders the defendant to pay for the

11 victim's counseling services, to the extent that the court

12 finds, after considering the defendant's income and

13 assets, that the defendant is financially capable of paying

14 for such services, if the victim was under 18 years of age

15 at the time the offense was committed and requires

16 counseling as a result of the offense.

17 Probation may be revoked or modified pursuant to Section

18 5-6-4; except where the court determines at the hearing that

19 the defendant violated a condition of his or her probation

20 restricting contact with the victim or other family members or

21 commits another offense with the victim or other family

22 members, the court shall revoke the defendant's probation and

23 impose a term of imprisonment.

24 For the purposes of this Section, "family member" and

25 "victim" shall have the meanings ascribed to them in Section

26 11-0.1 of the Criminal Code of 2012.

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1 (f) (Blank).

2 (g) Whenever a defendant is convicted of an offense under

3 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

4 11-14.3, 11-14.4 except for an offense that involves keeping a

5 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

6 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

7 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

8 Criminal Code of 2012, the defendant shall undergo medical

9 testing to determine whether the defendant has any sexually

10 transmissible disease, including a test for infection with

11 human immunodeficiency virus (HIV) or any other identified

12 causative agent of acquired immunodeficiency syndrome (AIDS).

13 Any such medical test shall be performed only by appropriately

14 licensed medical practitioners and may include an analysis of

15 any bodily fluids as well as an examination of the defendant's

16 person. Except as otherwise provided by law, the results of

17 such test shall be kept strictly confidential by all medical

18 personnel involved in the testing and must be personally

19 delivered in a sealed envelope to the judge of the court in

20 which the conviction was entered for the judge's inspection in

21 camera. Acting in accordance with the best interests of the

22 victim and the public, the judge shall have the discretion to

23 determine to whom, if anyone, the results of the testing may be

24 revealed. The court shall notify the defendant of the test

25 results. The court shall also notify the victim if requested by

26 the victim, and if the victim is under the age of 15 and if

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1 requested by the victim's parents or legal guardian, the court

2 shall notify the victim's parents or legal guardian of the test

3 results. The court shall provide information on the

4 availability of HIV testing and counseling at Department of

5 Public Health facilities to all parties to whom the results of

6 the testing are revealed and shall direct the State's Attorney

7 to provide the information to the victim when possible. A

8 State's Attorney may petition the court to obtain the results

9 of any HIV test administered under this Section, and the court

10 shall grant the disclosure if the State's Attorney shows it is

11 relevant in order to prosecute a charge of criminal

12 transmission of HIV under Section 12-5.01 or 12-16.2 of the

13 Criminal Code of 1961 or the Criminal Code of 2012 against the

14 defendant. The court shall order that the cost of any such test

15 shall be paid by the county and may be taxed as costs against

16 the convicted defendant.

17 (g-5) When an inmate is tested for an airborne communicable

18 disease, as determined by the Illinois Department of Public

19 Health including but not limited to tuberculosis, the results

20 of the test shall be personally delivered by the warden or his

21 or her designee in a sealed envelope to the judge of the court

22 in which the inmate must appear for the judge's inspection in

23 camera if requested by the judge. Acting in accordance with the

24 best interests of those in the courtroom, the judge shall have

25 the discretion to determine what if any precautions need to be

26 taken to prevent transmission of the disease in the courtroom.

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1 (h) Whenever a defendant is convicted of an offense under

2 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

3 defendant shall undergo medical testing to determine whether

4 the defendant has been exposed to human immunodeficiency virus

5 (HIV) or any other identified causative agent of acquired

6 immunodeficiency syndrome (AIDS). Except as otherwise provided

7 by law, the results of such test shall be kept strictly

8 confidential by all medical personnel involved in the testing

9 and must be personally delivered in a sealed envelope to the

10 judge of the court in which the conviction was entered for the

11 judge's inspection in camera. Acting in accordance with the

12 best interests of the public, the judge shall have the

13 discretion to determine to whom, if anyone, the results of the

14 testing may be revealed. The court shall notify the defendant

15 of a positive test showing an infection with the human

16 immunodeficiency virus (HIV). The court shall provide

17 information on the availability of HIV testing and counseling

18 at Department of Public Health facilities to all parties to

19 whom the results of the testing are revealed and shall direct

20 the State's Attorney to provide the information to the victim

21 when possible. A State's Attorney may petition the court to

22 obtain the results of any HIV test administered under this

23 Section, and the court shall grant the disclosure if the

24 State's Attorney shows it is relevant in order to prosecute a

25 charge of criminal transmission of HIV under Section 12-5.01 or

26 12-16.2 of the Criminal Code of 1961 or the Criminal Code of

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1 2012 against the defendant. The court shall order that the cost

2 of any such test shall be paid by the county and may be taxed as

3 costs against the convicted defendant.

4 (i) All fines and penalties imposed under this Section for

5 any violation of Chapters 3, 4, 6, and 11 of the Illinois

6 Vehicle Code, or a similar provision of a local ordinance, and

7 any violation of the Child Passenger Protection Act, or a

8 similar provision of a local ordinance, shall be collected and

9 disbursed by the circuit clerk as provided under Section 27.5

10 of the Clerks of Courts Act.

11 (j) In cases when prosecution for any violation of Section

12 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

13 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

14 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

15 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

16 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

17 Code of 2012, any violation of the Illinois Controlled

18 Substances Act, any violation of the Cannabis Control Act, or

19 any violation of the Methamphetamine Control and Community

20 Protection Act results in conviction, a disposition of court

21 supervision, or an order of probation granted under Section 10

22 of the Cannabis Control Act, Section 410 of the Illinois

23 Controlled Substances Act, or Section 70 of the Methamphetamine

24 Control and Community Protection Act of a defendant, the court

25 shall determine whether the defendant is employed by a facility

26 or center as defined under the Child Care Act of 1969, a public

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1 or private elementary or secondary school, or otherwise works

2 with children under 18 years of age on a daily basis. When a

3 defendant is so employed, the court shall order the Clerk of

4 the Court to send a copy of the judgment of conviction or order

5 of supervision or probation to the defendant's employer by

6 certified mail. If the employer of the defendant is a school,

7 the Clerk of the Court shall direct the mailing of a copy of

8 the judgment of conviction or order of supervision or probation

9 to the appropriate regional superintendent of schools. The

10 regional superintendent of schools shall notify the State Board

11 of Education of any notification under this subsection.

12 (j-5) A defendant at least 17 years of age who is convicted

13 of a felony and who has not been previously convicted of a

14 misdemeanor or felony and who is sentenced to a term of

15 imprisonment in the Illinois Department of Corrections shall as

16 a condition of his or her sentence be required by the court to

17 attend educational courses designed to prepare the defendant

18 for a high school diploma and to work toward a high school

19 diploma or to work toward passing high school equivalency

20 testing or to work toward completing a vocational training

21 program offered by the Department of Corrections. If a

22 defendant fails to complete the educational training required

23 by his or her sentence during the term of incarceration, the

24 Prisoner Review Board shall, as a condition of mandatory

25 supervised release, require the defendant, at his or her own

26 expense, to pursue a course of study toward a high school

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1 diploma or passage of high school equivalency testing. The

2 Prisoner Review Board shall revoke the mandatory supervised

3 release of a defendant who wilfully fails to comply with this

4 subsection (j-5) upon his or her release from confinement in a

5 penal institution while serving a mandatory supervised release

6 term; however, the inability of the defendant after making a

7 good faith effort to obtain financial aid or pay for the

8 educational training shall not be deemed a wilful failure to

9 comply. The Prisoner Review Board shall recommit the defendant

10 whose mandatory supervised release term has been revoked under

11 this subsection (j-5) as provided in Section 3-3-9. This

12 subsection (j-5) does not apply to a defendant who has a high

13 school diploma or has successfully passed high school

14 equivalency testing. This subsection (j-5) does not apply to a

15 defendant who is determined by the court to be a person with a

16 developmental disability or otherwise mentally incapable of

17 completing the educational or vocational program.

18 (k) (Blank).

19 (l) (A) Except as provided in paragraph (C) of subsection

20 (l), whenever a defendant, who is an alien as defined by the

21 Immigration and Nationality Act, is convicted of any felony or

22 misdemeanor offense, the court after sentencing the defendant

23 may, upon motion of the State's Attorney, hold sentence in

24 abeyance and remand the defendant to the custody of the

25 Attorney General of the United States or his or her designated

26 agent to be deported when:

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1 (1) a final order of deportation has been issued

2 against the defendant pursuant to proceedings under the

3 Immigration and Nationality Act, and

4 (2) the deportation of the defendant would not

5 deprecate the seriousness of the defendant's conduct and

6 would not be inconsistent with the ends of justice.

7 Otherwise, the defendant shall be sentenced as provided in

8 this Chapter V.

9 (B) If the defendant has already been sentenced for a

10 felony or misdemeanor offense, or has been placed on probation

11 under Section 10 of the Cannabis Control Act, Section 410 of

12 the Illinois Controlled Substances Act, or Section 70 of the

13 Methamphetamine Control and Community Protection Act, the

14 court may, upon motion of the State's Attorney to suspend the

15 sentence imposed, commit the defendant to the custody of the

16 Attorney General of the United States or his or her designated

17 agent when:

18 (1) a final order of deportation has been issued

19 against the defendant pursuant to proceedings under the

20 Immigration and Nationality Act, and

21 (2) the deportation of the defendant would not

22 deprecate the seriousness of the defendant's conduct and

23 would not be inconsistent with the ends of justice.

24 (C) This subsection (l) does not apply to offenders who are

25 subject to the provisions of paragraph (2) of subsection (a) of

26 Section 3-6-3.

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1 (D) Upon motion of the State's Attorney, if a defendant

2 sentenced under this Section returns to the jurisdiction of the

3 United States, the defendant shall be recommitted to the

4 custody of the county from which he or she was sentenced.

5 Thereafter, the defendant shall be brought before the

6 sentencing court, which may impose any sentence that was

7 available under Section 5-5-3 at the time of initial

8 sentencing. In addition, the defendant shall not be eligible

9 for additional sentence credit for good conduct as provided

10 under Section 3-6-3.

11 (m) A person convicted of criminal defacement of property

12 under Section 21-1.3 of the Criminal Code of 1961 or the

13 Criminal Code of 2012, in which the property damage exceeds

14 $300 and the property damaged is a school building, shall be

15 ordered to perform community service that may include cleanup,

16 removal, or painting over the defacement.

17 (n) The court may sentence a person convicted of a

18 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

19 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

20 of 1961 or the Criminal Code of 2012 (i) to an impact

21 incarceration program if the person is otherwise eligible for

22 that program under Section 5-8-1.1, (ii) to community service,

23 or (iii) if the person is an addict or alcoholic, as defined in

24 the Alcoholism and Other Drug Abuse and Dependency Act, to a

25 substance or alcohol abuse program licensed under that Act.

26 (o) Whenever a person is convicted of a sex offense as

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1 defined in Section 2 of the Sex Offender Registration Act, the

2 defendant's driver's license or permit shall be subject to

3 renewal on an annual basis in accordance with the provisions of

4 license renewal established by the Secretary of State.

5 (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;

6 99-143, eff. 7-27-15; 99-885, eff. 8-23-16.)

7 (730 ILCS 5/5-5-3.2)

8 Sec. 5-5-3.2. Factors in aggravation and extended-term

9 sentencing.

10 (a) The following factors shall be accorded weight in favor

11 of imposing a term of imprisonment or may be considered by the

12 court as reasons to impose a more severe sentence under Section

13 5-8-1 or Article 4.5 of Chapter V:

14 (1) the defendant's conduct caused or threatened

15 serious harm;

16 (2) the defendant received compensation for committing

17 the offense;

18 (3) the defendant has a history of prior delinquency or

19 criminal activity;

20 (4) the defendant, by the duties of his office or by

21 his position, was obliged to prevent the particular offense

22 committed or to bring the offenders committing it to

23 justice;

24 (5) the defendant held public office at the time of the

25 offense, and the offense related to the conduct of that

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1 office;

2 (6) the defendant utilized his professional reputation

3 or position in the community to commit the offense, or to

4 afford him an easier means of committing it;

5 (7) the sentence is necessary to deter others from

6 committing the same crime;

7 (8) the defendant committed the offense against a

8 person 60 years of age or older or such person's property;

9 (9) the defendant committed the offense against a

10 person who has a physical disability or such person's

11 property;

12 (10) by reason of another individual's actual or

13 perceived race, color, creed, religion, ancestry, gender,

14 sexual orientation, physical or mental disability, or

15 national origin, the defendant committed the offense

16 against (i) the person or property of that individual; (ii)

17 the person or property of a person who has an association

18 with, is married to, or has a friendship with the other

19 individual; or (iii) the person or property of a relative

20 (by blood or marriage) of a person described in clause (i)

21 or (ii). For the purposes of this Section, "sexual

22 orientation" has the meaning ascribed to it in paragraph

23 (O-1) of Section 1-103 of the Illinois Human Rights Act;

24 (11) the offense took place in a place of worship or on

25 the grounds of a place of worship, immediately prior to,

26 during or immediately following worship services. For

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1 purposes of this subparagraph, "place of worship" shall

2 mean any church, synagogue or other building, structure or

3 place used primarily for religious worship;

4 (12) the defendant was convicted of a felony committed

5 while he was released on bail or his own recognizance

6 pending trial for a prior felony and was convicted of such

7 prior felony, or the defendant was convicted of a felony

8 committed while he was serving a period of probation,

9 conditional discharge, or mandatory supervised release

10 under subsection (d) of Section 5-8-1 for a prior felony;

11 (13) the defendant committed or attempted to commit a

12 felony while he was wearing a bulletproof vest. For the

13 purposes of this paragraph (13), a bulletproof vest is any

14 device which is designed for the purpose of protecting the

15 wearer from bullets, shot or other lethal projectiles;

16 (14) the defendant held a position of trust or

17 supervision such as, but not limited to, family member as

18 defined in Section 11-0.1 of the Criminal Code of 2012,

19 teacher, scout leader, baby sitter, or day care worker, in

20 relation to a victim under 18 years of age, and the

21 defendant committed an offense in violation of Section

22 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

23 11-14.4 except for an offense that involves keeping a place

24 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

25 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

26 or 12-16 of the Criminal Code of 1961 or the Criminal Code

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1 of 2012 against that victim;

2 (15) the defendant committed an offense related to the

3 activities of an organized gang. For the purposes of this

4 factor, "organized gang" has the meaning ascribed to it in

5 Section 10 of the Streetgang Terrorism Omnibus Prevention

6 Act;

7 (16) the defendant committed an offense in violation of

8 one of the following Sections while in a school, regardless

9 of the time of day or time of year; on any conveyance

10 owned, leased, or contracted by a school to transport

11 students to or from school or a school related activity; on

12 the real property of a school; or on a public way within

13 1,000 feet of the real property comprising any school:

14 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

15 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

16 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

17 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

18 18-2, or 33A-2, or Section 12-3.05 except for subdivision

19 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

20 Criminal Code of 2012;

21 (16.5) the defendant committed an offense in violation

22 of one of the following Sections while in a day care

23 center, regardless of the time of day or time of year; on

24 the real property of a day care center, regardless of the

25 time of day or time of year; or on a public way within

26 1,000 feet of the real property comprising any day care

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1 center, regardless of the time of day or time of year:

2 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

3 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

4 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

5 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

6 18-2, or 33A-2, or Section 12-3.05 except for subdivision

7 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

8 Criminal Code of 2012;

9 (17) the defendant committed the offense by reason of

10 any person's activity as a community policing volunteer or

11 to prevent any person from engaging in activity as a

12 community policing volunteer. For the purpose of this

13 Section, "community policing volunteer" has the meaning

14 ascribed to it in Section 2-3.5 of the Criminal Code of

15 2012;

16 (18) the defendant committed the offense in a nursing

17 home or on the real property comprising a nursing home. For

18 the purposes of this paragraph (18), "nursing home" means a

19 skilled nursing or intermediate long term care facility

20 that is subject to license by the Illinois Department of

21 Public Health under the Nursing Home Care Act, the

22 Specialized Mental Health Rehabilitation Act of 2013, the

23 ID/DD Community Care Act, or the MC/DD Act;

24 (19) the defendant was a federally licensed firearm

25 dealer and was previously convicted of a violation of

26 subsection (a) of Section 3 of the Firearm Owners

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1 Identification Card Act before its repeal by this

2 amendatory Act of the 100th General Assembly and has now

3 committed ~~either a felony violation of the Firearm Owners~~

4 ~~Identification Card Act or~~an act of armed violence while

5 armed with a firearm;

6 (20) the defendant (i) committed the offense of

7 reckless homicide under Section 9-3 of the Criminal Code of

8 1961 or the Criminal Code of 2012 or the offense of driving

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

10 intoxicating compound or compounds or any combination

11 thereof under Section 11-501 of the Illinois Vehicle Code

12 or a similar provision of a local ordinance and (ii) was

13 operating a motor vehicle in excess of 20 miles per hour

14 over the posted speed limit as provided in Article VI of

15 Chapter 11 of the Illinois Vehicle Code;

16 (21) the defendant (i) committed the offense of

17 reckless driving or aggravated reckless driving under

18 Section 11-503 of the Illinois Vehicle Code and (ii) was

19 operating a motor vehicle in excess of 20 miles per hour

20 over the posted speed limit as provided in Article VI of

21 Chapter 11 of the Illinois Vehicle Code;

22 (22) the defendant committed the offense against a

23 person that the defendant knew, or reasonably should have

24 known, was a member of the Armed Forces of the United

25 States serving on active duty. For purposes of this clause

26 (22), the term "Armed Forces" means any of the Armed Forces

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1 of the United States, including a member of any reserve

2 component thereof or National Guard unit called to active

3 duty;

4 (23) the defendant committed the offense against a

5 person who was elderly or infirm or who was a person with a

6 disability by taking advantage of a family or fiduciary

7 relationship with the elderly or infirm person or person

8 with a disability;

9 (24) the defendant committed any offense under Section

10 11-20.1 of the Criminal Code of 1961 or the Criminal Code

11 of 2012 and possessed 100 or more images;

12 (25) the defendant committed the offense while the

13 defendant or the victim was in a train, bus, or other

14 vehicle used for public transportation;

15 (26) the defendant committed the offense of child

16 pornography or aggravated child pornography, specifically

17 including paragraph (1), (2), (3), (4), (5), or (7) of

18 subsection (a) of Section 11-20.1 of the Criminal Code of

19 1961 or the Criminal Code of 2012 where a child engaged in,

20 solicited for, depicted in, or posed in any act of sexual

21 penetration or bound, fettered, or subject to sadistic,

22 masochistic, or sadomasochistic abuse in a sexual context

23 and specifically including paragraph (1), (2), (3), (4),

24 (5), or (7) of subsection (a) of Section 11-20.1B or

25 Section 11-20.3 of the Criminal Code of 1961 where a child

26 engaged in, solicited for, depicted in, or posed in any act

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1 of sexual penetration or bound, fettered, or subject to

2 sadistic, masochistic, or sadomasochistic abuse in a

3 sexual context;

4 (27) the defendant committed the offense of first

5 degree murder, assault, aggravated assault, battery,

6 aggravated battery, robbery, armed robbery, or aggravated

7 robbery against a person who was a veteran and the

8 defendant knew, or reasonably should have known, that the

9 person was a veteran performing duties as a representative

10 of a veterans' organization. For the purposes of this

11 paragraph (27), "veteran" means an Illinois resident who

12 has served as a member of the United States Armed Forces, a

13 member of the Illinois National Guard, or a member of the

14 United States Reserve Forces; and "veterans' organization"

15 means an organization comprised of members of which

16 substantially all are individuals who are veterans or

17 spouses, widows, or widowers of veterans, the primary

18 purpose of which is to promote the welfare of its members

19 and to provide assistance to the general public in such a

20 way as to confer a public benefit;

21 (28) the defendant committed the offense of assault,

22 aggravated assault, battery, aggravated battery, robbery,

23 armed robbery, or aggravated robbery against a person that

24 the defendant knew or reasonably should have known was a

25 letter carrier or postal worker while that person was

26 performing his or her duties delivering mail for the United

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1 States Postal Service;

2 (29) the defendant committed the offense of criminal

3 sexual assault, aggravated criminal sexual assault,

4 criminal sexual abuse, or aggravated criminal sexual abuse

5 against a victim with an intellectual disability, and the

6 defendant holds a position of trust, authority, or

7 supervision in relation to the victim; or

8 (30) the defendant committed the offense of promoting

9 juvenile prostitution, patronizing a prostitute, or

10 patronizing a minor engaged in prostitution and at the time

11 of the commission of the offense knew that the prostitute

12 or minor engaged in prostitution was in the custody or

13 guardianship of the Department of Children and Family

14 Services.

15 For the purposes of this Section:

16 "School" is defined as a public or private elementary or

17 secondary school, community college, college, or university.

18 "Day care center" means a public or private State certified

19 and licensed day care center as defined in Section 2.09 of the

20 Child Care Act of 1969 that displays a sign in plain view

21 stating that the property is a day care center.

22 "Intellectual disability" means significantly subaverage

23 intellectual functioning which exists concurrently with

24 impairment in adaptive behavior.

25 "Public transportation" means the transportation or

26 conveyance of persons by means available to the general public,

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1 and includes paratransit services.

2 (b) The following factors, related to all felonies, may be

3 considered by the court as reasons to impose an extended term

4 sentence under Section 5-8-2 upon any offender:

5 (1) When a defendant is convicted of any felony, after

6 having been previously convicted in Illinois or any other

7 jurisdiction of the same or similar class felony or greater

8 class felony, when such conviction has occurred within 10

9 years after the previous conviction, excluding time spent

10 in custody, and such charges are separately brought and

11 tried and arise out of different series of acts; or

12 (2) When a defendant is convicted of any felony and the

13 court finds that the offense was accompanied by

14 exceptionally brutal or heinous behavior indicative of

15 wanton cruelty; or

16 (3) When a defendant is convicted of any felony

17 committed against:

18 (i) a person under 12 years of age at the time of

19 the offense or such person's property;

20 (ii) a person 60 years of age or older at the time

21 of the offense or such person's property; or

22 (iii) a person who had a physical disability at the

23 time of the offense or such person's property; or

24 (4) When a defendant is convicted of any felony and the

25 offense involved any of the following types of specific

26 misconduct committed as part of a ceremony, rite,

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1 initiation, observance, performance, practice or activity

2 of any actual or ostensible religious, fraternal, or social

3 group:

4 (i) the brutalizing or torturing of humans or

5 animals;

6 (ii) the theft of human corpses;

7 (iii) the kidnapping of humans;

8 (iv) the desecration of any cemetery, religious,

9 fraternal, business, governmental, educational, or

10 other building or property; or

11 (v) ritualized abuse of a child; or

12 (5) When a defendant is convicted of a felony other

13 than conspiracy and the court finds that the felony was

14 committed under an agreement with 2 or more other persons

15 to commit that offense and the defendant, with respect to

16 the other individuals, occupied a position of organizer,

17 supervisor, financier, or any other position of management

18 or leadership, and the court further finds that the felony

19 committed was related to or in furtherance of the criminal

20 activities of an organized gang or was motivated by the

21 defendant's leadership in an organized gang; or

22 (6) When a defendant is convicted of an offense

23 committed while using a firearm with a laser sight attached

24 to it. For purposes of this paragraph, "laser sight" has

25 the meaning ascribed to it in Section 26-7 of the Criminal

26 Code of 2012; or

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1 (7) When a defendant who was at least 17 years of age

2 at the time of the commission of the offense is convicted

3 of a felony and has been previously adjudicated a

4 delinquent minor under the Juvenile Court Act of 1987 for

5 an act that if committed by an adult would be a Class X or

6 Class 1 felony when the conviction has occurred within 10

7 years after the previous adjudication, excluding time

8 spent in custody; or

9 (8) When a defendant commits any felony and the

10 defendant used, possessed, exercised control over, or

11 otherwise directed an animal to assault a law enforcement

12 officer engaged in the execution of his or her official

13 duties or in furtherance of the criminal activities of an

14 organized gang in which the defendant is engaged; or

15 (9) When a defendant commits any felony and the

16 defendant knowingly video or audio records the offense with

17 the intent to disseminate the recording.

18 (c) The following factors may be considered by the court as

19 reasons to impose an extended term sentence under Section 5-8-2

20 (730 ILCS 5/5-8-2) upon any offender for the listed offenses:

21 (1) When a defendant is convicted of first degree

22 murder, after having been previously convicted in Illinois

23 of any offense listed under paragraph (c)(2) of Section

24 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred

25 within 10 years after the previous conviction, excluding

26 time spent in custody, and the charges are separately

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1 brought and tried and arise out of different series of

2 acts.

3 (1.5) When a defendant is convicted of first degree

4 murder, after having been previously convicted of domestic

5 battery (720 ILCS 5/12-3.2) or aggravated domestic battery

6 (720 ILCS 5/12-3.3) committed on the same victim or after

7 having been previously convicted of violation of an order

8 of protection (720 ILCS 5/12-30) in which the same victim

9 was the protected person.

10 (2) When a defendant is convicted of voluntary

11 manslaughter, second degree murder, involuntary

12 manslaughter, or reckless homicide in which the defendant

13 has been convicted of causing the death of more than one

14 individual.

15 (3) When a defendant is convicted of aggravated

16 criminal sexual assault or criminal sexual assault, when

17 there is a finding that aggravated criminal sexual assault

18 or criminal sexual assault was also committed on the same

19 victim by one or more other individuals, and the defendant

20 voluntarily participated in the crime with the knowledge of

21 the participation of the others in the crime, and the

22 commission of the crime was part of a single course of

23 conduct during which there was no substantial change in the

24 nature of the criminal objective.

25 (4) If the victim was under 18 years of age at the time

26 of the commission of the offense, when a defendant is

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1 convicted of aggravated criminal sexual assault or

2 predatory criminal sexual assault of a child under

3 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

4 of Section 12-14.1 of the Criminal Code of 1961 or the

5 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

6 (5) When a defendant is convicted of a felony violation

7 of Section 24-1 of the Criminal Code of 1961 or the

8 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

9 finding that the defendant is a member of an organized

10 gang.

11 (6) When a defendant was convicted of unlawful use of

12 weapons under Section 24-1 of the Criminal Code of 1961 or

13 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing

14 a weapon that is not readily distinguishable as one of the

15 weapons enumerated in Section 24-1 of the Criminal Code of

16 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).

17 (7) When a defendant is convicted of an offense

18 involving the illegal manufacture of a controlled

19 substance under Section 401 of the Illinois Controlled

20 Substances Act (720 ILCS 570/401), the illegal manufacture

21 of methamphetamine under Section 25 of the Methamphetamine

22 Control and Community Protection Act (720 ILCS 646/25), or

23 the illegal possession of explosives and an emergency

24 response officer in the performance of his or her duties is

25 killed or injured at the scene of the offense while

26 responding to the emergency caused by the commission of the

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1 offense. In this paragraph, "emergency" means a situation

2 in which a person's life, health, or safety is in jeopardy;

3 and "emergency response officer" means a peace officer,

4 community policing volunteer, fireman, emergency medical

5 technician-ambulance, emergency medical

6 technician-intermediate, emergency medical

7 technician-paramedic, ambulance driver, other medical

8 assistance or first aid personnel, or hospital emergency

9 room personnel.

10 (8) When the defendant is convicted of attempted mob

11 action, solicitation to commit mob action, or conspiracy to

12 commit mob action under Section 8-1, 8-2, or 8-4 of the

13 Criminal Code of 2012, where the criminal object is a

14 violation of Section 25-1 of the Criminal Code of 2012, and

15 an electronic communication is used in the commission of

16 the offense. For the purposes of this paragraph (8),

17 "electronic communication" shall have the meaning provided

18 in Section 26.5-0.1 of the Criminal Code of 2012.

19 (d) For the purposes of this Section, "organized gang" has

20 the meaning ascribed to it in Section 10 of the Illinois

21 Streetgang Terrorism Omnibus Prevention Act.

22 (e) The court may impose an extended term sentence under

23 Article 4.5 of Chapter V upon an offender who has been

24 convicted of a felony violation of Section 11-1.20, 11-1.30,

25 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

26 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

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1 when the victim of the offense is under 18 years of age at the

2 time of the commission of the offense and, during the

3 commission of the offense, the victim was under the influence

4 of alcohol, regardless of whether or not the alcohol was

5 supplied by the offender; and the offender, at the time of the

6 commission of the offense, knew or should have known that the

7 victim had consumed alcohol.

8 (Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385,

9 eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143,

10 eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16;

11 99-347, eff. 1-1-16; 99-642, eff. 7-28-16.)

12 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)

13 Sec. 5-6-3. Conditions of Probation and of Conditional

14 Discharge.

15 (a) The conditions of probation and of conditional

16 discharge shall be that the person:

17 (1) not violate any criminal statute of any

18 jurisdiction;

19 (2) report to or appear in person before such person or

20 agency as directed by the court;

21 (3) refrain from possessing a firearm or other

22 dangerous weapon where the offense is a felony or, if a

23 misdemeanor, the offense involved the intentional or

24 knowing infliction of bodily harm or threat of bodily harm;

25 (4) not leave the State without the consent of the

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1 court or, in circumstances in which the reason for the

2 absence is of such an emergency nature that prior consent

3 by the court is not possible, without the prior

4 notification and approval of the person's probation

5 officer. Transfer of a person's probation or conditional

6 discharge supervision to another state is subject to

7 acceptance by the other state pursuant to the Interstate

8 Compact for Adult Offender Supervision;

9 (5) permit the probation officer to visit him at his

10 home or elsewhere to the extent necessary to discharge his

11 duties;

12 (6) perform no less than 30 hours of community service

13 and not more than 120 hours of community service, if

14 community service is available in the jurisdiction and is

15 funded and approved by the county board where the offense

16 was committed, where the offense was related to or in

17 furtherance of the criminal activities of an organized gang

18 and was motivated by the offender's membership in or

19 allegiance to an organized gang. The community service

20 shall include, but not be limited to, the cleanup and

21 repair of any damage caused by a violation of Section

22 21-1.3 of the Criminal Code of 1961 or the Criminal Code of

23 2012 and similar damage to property located within the

24 municipality or county in which the violation occurred.

25 When possible and reasonable, the community service should

26 be performed in the offender's neighborhood. For purposes

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1 of this Section, "organized gang" has the meaning ascribed

2 to it in Section 10 of the Illinois Streetgang Terrorism

3 Omnibus Prevention Act;

4 (7) if he or she is at least 17 years of age and has

5 been sentenced to probation or conditional discharge for a

6 misdemeanor or felony in a county of 3,000,000 or more

7 inhabitants and has not been previously convicted of a

8 misdemeanor or felony, may be required by the sentencing

9 court to attend educational courses designed to prepare the

10 defendant for a high school diploma and to work toward a

11 high school diploma or to work toward passing high school

12 equivalency testing or to work toward completing a

13 vocational training program approved by the court. The

14 person on probation or conditional discharge must attend a

15 public institution of education to obtain the educational

16 or vocational training required by this clause (7). The

17 court shall revoke the probation or conditional discharge

18 of a person who wilfully fails to comply with this clause

19 (7). The person on probation or conditional discharge shall

20 be required to pay for the cost of the educational courses

21 or high school equivalency testing if a fee is charged for

22 those courses or testing. The court shall resentence the

23 offender whose probation or conditional discharge has been

24 revoked as provided in Section 5-6-4. This clause (7) does

25 not apply to a person who has a high school diploma or has

26 successfully passed high school equivalency testing. This

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1 clause (7) does not apply to a person who is determined by

2 the court to be a person with a developmental disability or

3 otherwise mentally incapable of completing the educational

4 or vocational program;

5 (8) if convicted of possession of a substance

6 prohibited by the Cannabis Control Act, the Illinois

7 Controlled Substances Act, or the Methamphetamine Control

8 and Community Protection Act after a previous conviction or

9 disposition of supervision for possession of a substance

10 prohibited by the Cannabis Control Act or Illinois

11 Controlled Substances Act or after a sentence of probation

12 under Section 10 of the Cannabis Control Act, Section 410

13 of the Illinois Controlled Substances Act, or Section 70 of

14 the Methamphetamine Control and Community Protection Act

15 and upon a finding by the court that the person is

16 addicted, undergo treatment at a substance abuse program

17 approved by the court;

18 (8.5) if convicted of a felony sex offense as defined

19 in the Sex Offender Management Board Act, the person shall

20 undergo and successfully complete sex offender treatment

21 by a treatment provider approved by the Board and conducted

22 in conformance with the standards developed under the Sex

23 Offender Management Board Act;

24 (8.6) if convicted of a sex offense as defined in the

25 Sex Offender Management Board Act, refrain from residing at

26 the same address or in the same condominium unit or

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1 apartment unit or in the same condominium complex or

2 apartment complex with another person he or she knows or

3 reasonably should know is a convicted sex offender or has

4 been placed on supervision for a sex offense; the

5 provisions of this paragraph do not apply to a person

6 convicted of a sex offense who is placed in a Department of

7 Corrections licensed transitional housing facility for sex

8 offenders;

9 (8.7) if convicted for an offense committed on or after

10 June 1, 2008 (the effective date of Public Act 95-464) that

11 would qualify the accused as a child sex offender as

12 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

13 1961 or the Criminal Code of 2012, refrain from

14 communicating with or contacting, by means of the Internet,

15 a person who is not related to the accused and whom the

16 accused reasonably believes to be under 18 years of age;

17 for purposes of this paragraph (8.7), "Internet" has the

18 meaning ascribed to it in Section 16-0.1 of the Criminal

19 Code of 2012; and a person is not related to the accused if

20 the person is not: (i) the spouse, brother, or sister of

21 the accused; (ii) a descendant of the accused; (iii) a

22 first or second cousin of the accused; or (iv) a step-child

23 or adopted child of the accused;

24 (8.8) if convicted for an offense under Section 11-6,

25 11-9.1, 11-14.4 that involves soliciting for a juvenile

26 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

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1 of the Criminal Code of 1961 or the Criminal Code of 2012,

2 or any attempt to commit any of these offenses, committed

3 on or after June 1, 2009 (the effective date of Public Act

4 95-983):

5 (i) not access or use a computer or any other

6 device with Internet capability without the prior

7 written approval of the offender's probation officer,

8 except in connection with the offender's employment or

9 search for employment with the prior approval of the

10 offender's probation officer;

11 (ii) submit to periodic unannounced examinations

12 of the offender's computer or any other device with

13 Internet capability by the offender's probation

14 officer, a law enforcement officer, or assigned

15 computer or information technology specialist,

16 including the retrieval and copying of all data from

17 the computer or device and any internal or external

18 peripherals and removal of such information,

19 equipment, or device to conduct a more thorough

20 inspection;

21 (iii) submit to the installation on the offender's

22 computer or device with Internet capability, at the

23 offender's expense, of one or more hardware or software

24 systems to monitor the Internet use; and

25 (iv) submit to any other appropriate restrictions

26 concerning the offender's use of or access to a

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1 computer or any other device with Internet capability

2 imposed by the offender's probation officer;

3 (8.9) if convicted of a sex offense as defined in the

4 Sex Offender Registration Act committed on or after January

5 1, 2010 (the effective date of Public Act 96-262), refrain

6 from accessing or using a social networking website as

7 defined in Section 17-0.5 of the Criminal Code of 2012;

8 (9) if convicted of a felony or of any misdemeanor

9 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or

10 12-3.5 of the Criminal Code of 1961 or the Criminal Code of

11 2012 that was determined, pursuant to Section 112A-11.1 of

12 the Code of Criminal Procedure of 1963, to trigger the

13 prohibitions of 18 U.S.C. 922(g)(9), physically surrender

14 at a time and place designated by the court,~~his or her~~

15 ~~Firearm Owner's Identification Card and~~any and all

16 firearms in his or her possession~~. The Court shall return~~

17 ~~to the Department of State Police Firearm Owner's~~

18 ~~Identification Card Office the person's Firearm Owner's~~

19 ~~Identification Card~~;

20 (10) if convicted of a sex offense as defined in

21 subsection (a-5) of Section 3-1-2 of this Code, unless the

22 offender is a parent or guardian of the person under 18

23 years of age present in the home and no non-familial minors

24 are present, not participate in a holiday event involving

25 children under 18 years of age, such as distributing candy

26 or other items to children on Halloween, wearing a Santa

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1 Claus costume on or preceding Christmas, being employed as

2 a department store Santa Claus, or wearing an Easter Bunny

3 costume on or preceding Easter;

4 (11) if convicted of a sex offense as defined in

5 Section 2 of the Sex Offender Registration Act committed on

6 or after January 1, 2010 (the effective date of Public Act

7 96-362) that requires the person to register as a sex

8 offender under that Act, may not knowingly use any computer

9 scrub software on any computer that the sex offender uses;

10 and

11 (12) if convicted of a violation of the Methamphetamine

12 Control and Community Protection Act, the Methamphetamine

13 Precursor Control Act, or a methamphetamine related

14 offense:

15 (A) prohibited from purchasing, possessing, or

16 having under his or her control any product containing

17 pseudoephedrine unless prescribed by a physician; and

18 (B) prohibited from purchasing, possessing, or

19 having under his or her control any product containing

20 ammonium nitrate.

21 (b) The Court may in addition to other reasonable

22 conditions relating to the nature of the offense or the

23 rehabilitation of the defendant as determined for each

24 defendant in the proper discretion of the Court require that

25 the person:

26 (1) serve a term of periodic imprisonment under Article

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1 7 for a period not to exceed that specified in paragraph

2 (d) of Section 5-7-1;

3 (2) pay a fine and costs;

4 (3) work or pursue a course of study or vocational

5 training;

6 (4) undergo medical, psychological or psychiatric

7 treatment; or treatment for drug addiction or alcoholism;

8 (5) attend or reside in a facility established for the

9 instruction or residence of defendants on probation;

10 (6) support his dependents;

11 (7) and in addition, if a minor:

12 (i) reside with his parents or in a foster home;

13 (ii) attend school;

14 (iii) attend a non-residential program for youth;

15 (iv) contribute to his own support at home or in a

16 foster home;

17 (v) with the consent of the superintendent of the

18 facility, attend an educational program at a facility

19 other than the school in which the offense was

20 committed if he or she is convicted of a crime of

21 violence as defined in Section 2 of the Crime Victims

22 Compensation Act committed in a school, on the real

23 property comprising a school, or within 1,000 feet of

24 the real property comprising a school;

25 (8) make restitution as provided in Section 5-5-6 of

26 this Code;

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1 (9) perform some reasonable public or community

2 service;

3 (10) serve a term of home confinement. In addition to

4 any other applicable condition of probation or conditional

5 discharge, the conditions of home confinement shall be that

6 the offender:

7 (i) remain within the interior premises of the

8 place designated for his confinement during the hours

9 designated by the court;

10 (ii) admit any person or agent designated by the

11 court into the offender's place of confinement at any

12 time for purposes of verifying the offender's

13 compliance with the conditions of his confinement; and

14 (iii) if further deemed necessary by the court or

15 the Probation or Court Services Department, be placed

16 on an approved electronic monitoring device, subject

17 to Article 8A of Chapter V;

18 (iv) for persons convicted of any alcohol,

19 cannabis or controlled substance violation who are

20 placed on an approved monitoring device as a condition

21 of probation or conditional discharge, the court shall

22 impose a reasonable fee for each day of the use of the

23 device, as established by the county board in

24 subsection (g) of this Section, unless after

25 determining the inability of the offender to pay the

26 fee, the court assesses a lesser fee or no fee as the

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1 case may be. This fee shall be imposed in addition to

2 the fees imposed under subsections (g) and (i) of this

3 Section. The fee shall be collected by the clerk of the

4 circuit court, except as provided in an administrative

5 order of the Chief Judge of the circuit court. The

6 clerk of the circuit court shall pay all monies

7 collected from this fee to the county treasurer for

8 deposit in the substance abuse services fund under

9 Section 5-1086.1 of the Counties Code, except as

10 provided in an administrative order of the Chief Judge

11 of the circuit court.

12 The Chief Judge of the circuit court of the county

13 may by administrative order establish a program for

14 electronic monitoring of offenders, in which a vendor

15 supplies and monitors the operation of the electronic

16 monitoring device, and collects the fees on behalf of

17 the county. The program shall include provisions for

18 indigent offenders and the collection of unpaid fees.

19 The program shall not unduly burden the offender and

20 shall be subject to review by the Chief Judge.

21 The Chief Judge of the circuit court may suspend

22 any additional charges or fees for late payment,

23 interest, or damage to any device; and

24 (v) for persons convicted of offenses other than

25 those referenced in clause (iv) above and who are

26 placed on an approved monitoring device as a condition

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1 of probation or conditional discharge, the court shall

2 impose a reasonable fee for each day of the use of the

3 device, as established by the county board in

4 subsection (g) of this Section, unless after

5 determining the inability of the defendant to pay the

6 fee, the court assesses a lesser fee or no fee as the

7 case may be. This fee shall be imposed in addition to

8 the fees imposed under subsections (g) and (i) of this

9 Section. The fee shall be collected by the clerk of the

10 circuit court, except as provided in an administrative

11 order of the Chief Judge of the circuit court. The

12 clerk of the circuit court shall pay all monies

13 collected from this fee to the county treasurer who

14 shall use the monies collected to defray the costs of

15 corrections. The county treasurer shall deposit the

16 fee collected in the probation and court services fund.

17 The Chief Judge of the circuit court of the county may

18 by administrative order establish a program for

19 electronic monitoring of offenders, in which a vendor

20 supplies and monitors the operation of the electronic

21 monitoring device, and collects the fees on behalf of

22 the county. The program shall include provisions for

23 indigent offenders and the collection of unpaid fees.

24 The program shall not unduly burden the offender and

25 shall be subject to review by the Chief Judge.

26 The Chief Judge of the circuit court may suspend

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1 any additional charges or fees for late payment,

2 interest, or damage to any device.

3 (11) comply with the terms and conditions of an order

4 of protection issued by the court pursuant to the Illinois

5 Domestic Violence Act of 1986, as now or hereafter amended,

6 or an order of protection issued by the court of another

7 state, tribe, or United States territory. A copy of the

8 order of protection shall be transmitted to the probation

9 officer or agency having responsibility for the case;

10 (12) reimburse any "local anti-crime program" as

11 defined in Section 7 of the Anti-Crime Advisory Council Act

12 for any reasonable expenses incurred by the program on the

13 offender's case, not to exceed the maximum amount of the

14 fine authorized for the offense for which the defendant was

15 sentenced;

16 (13) contribute a reasonable sum of money, not to

17 exceed the maximum amount of the fine authorized for the

18 offense for which the defendant was sentenced, (i) to a

19 "local anti-crime program", as defined in Section 7 of the

20 Anti-Crime Advisory Council Act, or (ii) for offenses under

21 the jurisdiction of the Department of Natural Resources, to

22 the fund established by the Department of Natural Resources

23 for the purchase of evidence for investigation purposes and

24 to conduct investigations as outlined in Section 805-105 of

25 the Department of Natural Resources (Conservation) Law;

26 (14) refrain from entering into a designated

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1 geographic area except upon such terms as the court finds

2 appropriate. Such terms may include consideration of the

3 purpose of the entry, the time of day, other persons

4 accompanying the defendant, and advance approval by a

5 probation officer, if the defendant has been placed on

6 probation or advance approval by the court, if the

7 defendant was placed on conditional discharge;

8 (15) refrain from having any contact, directly or

9 indirectly, with certain specified persons or particular

10 types of persons, including but not limited to members of

11 street gangs and drug users or dealers;

12 (16) refrain from having in his or her body the

13 presence of any illicit drug prohibited by the Cannabis

14 Control Act, the Illinois Controlled Substances Act, or the

15 Methamphetamine Control and Community Protection Act,

16 unless prescribed by a physician, and submit samples of his

17 or her blood or urine or both for tests to determine the

18 presence of any illicit drug;

19 (17) if convicted for an offense committed on or after

20 June 1, 2008 (the effective date of Public Act 95-464) that

21 would qualify the accused as a child sex offender as

22 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

23 1961 or the Criminal Code of 2012, refrain from

24 communicating with or contacting, by means of the Internet,

25 a person who is related to the accused and whom the accused

26 reasonably believes to be under 18 years of age; for

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1 purposes of this paragraph (17), "Internet" has the meaning

2 ascribed to it in Section 16-0.1 of the Criminal Code of

3 2012; and a person is related to the accused if the person

4 is: (i) the spouse, brother, or sister of the accused; (ii)

5 a descendant of the accused; (iii) a first or second cousin

6 of the accused; or (iv) a step-child or adopted child of

7 the accused;

8 (18) if convicted for an offense committed on or after

9 June 1, 2009 (the effective date of Public Act 95-983) that

10 would qualify as a sex offense as defined in the Sex

11 Offender Registration Act:

12 (i) not access or use a computer or any other

13 device with Internet capability without the prior

14 written approval of the offender's probation officer,

15 except in connection with the offender's employment or

16 search for employment with the prior approval of the

17 offender's probation officer;

18 (ii) submit to periodic unannounced examinations

19 of the offender's computer or any other device with

20 Internet capability by the offender's probation

21 officer, a law enforcement officer, or assigned

22 computer or information technology specialist,

23 including the retrieval and copying of all data from

24 the computer or device and any internal or external

25 peripherals and removal of such information,

26 equipment, or device to conduct a more thorough

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1 inspection;

2 (iii) submit to the installation on the offender's

3 computer or device with Internet capability, at the

4 subject's expense, of one or more hardware or software

5 systems to monitor the Internet use; and

6 (iv) submit to any other appropriate restrictions

7 concerning the offender's use of or access to a

8 computer or any other device with Internet capability

9 imposed by the offender's probation officer; and

10 (19) refrain from possessing a firearm or other

11 dangerous weapon where the offense is a misdemeanor that

12 did not involve the intentional or knowing infliction of

13 bodily harm or threat of bodily harm.

14 (c) The court may as a condition of probation or of

15 conditional discharge require that a person under 18 years of

16 age found guilty of any alcohol, cannabis or controlled

17 substance violation, refrain from acquiring a driver's license

18 during the period of probation or conditional discharge. If

19 such person is in possession of a permit or license, the court

20 may require that the minor refrain from driving or operating

21 any motor vehicle during the period of probation or conditional

22 discharge, except as may be necessary in the course of the

23 minor's lawful employment.

24 (d) An offender sentenced to probation or to conditional

25 discharge shall be given a certificate setting forth the

26 conditions thereof.

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1 (e) Except where the offender has committed a fourth or

2 subsequent violation of subsection (c) of Section 6-303 of the

3 Illinois Vehicle Code, the court shall not require as a

4 condition of the sentence of probation or conditional discharge

5 that the offender be committed to a period of imprisonment in

6 excess of 6 months. This 6 month limit shall not include

7 periods of confinement given pursuant to a sentence of county

8 impact incarceration under Section 5-8-1.2.

9 Persons committed to imprisonment as a condition of

10 probation or conditional discharge shall not be committed to

11 the Department of Corrections.

12 (f) The court may combine a sentence of periodic

13 imprisonment under Article 7 or a sentence to a county impact

14 incarceration program under Article 8 with a sentence of

15 probation or conditional discharge.

16 (g) An offender sentenced to probation or to conditional

17 discharge and who during the term of either undergoes mandatory

18 drug or alcohol testing, or both, or is assigned to be placed

19 on an approved electronic monitoring device, shall be ordered

20 to pay all costs incidental to such mandatory drug or alcohol

21 testing, or both, and all costs incidental to such approved

22 electronic monitoring in accordance with the defendant's

23 ability to pay those costs. The county board with the

24 concurrence of the Chief Judge of the judicial circuit in which

25 the county is located shall establish reasonable fees for the

26 cost of maintenance, testing, and incidental expenses related

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1 to the mandatory drug or alcohol testing, or both, and all

2 costs incidental to approved electronic monitoring, involved

3 in a successful probation program for the county. The

4 concurrence of the Chief Judge shall be in the form of an

5 administrative order. The fees shall be collected by the clerk

6 of the circuit court, except as provided in an administrative

7 order of the Chief Judge of the circuit court. The clerk of the

8 circuit court shall pay all moneys collected from these fees to

9 the county treasurer who shall use the moneys collected to

10 defray the costs of drug testing, alcohol testing, and

11 electronic monitoring. The county treasurer shall deposit the

12 fees collected in the county working cash fund under Section

13 6-27001 or Section 6-29002 of the Counties Code, as the case

14 may be. The Chief Judge of the circuit court of the county may

15 by administrative order establish a program for electronic

16 monitoring of offenders, in which a vendor supplies and

17 monitors the operation of the electronic monitoring device, and

18 collects the fees on behalf of the county. The program shall

19 include provisions for indigent offenders and the collection of

20 unpaid fees. The program shall not unduly burden the offender

21 and shall be subject to review by the Chief Judge.

22 The Chief Judge of the circuit court may suspend any

23 additional charges or fees for late payment, interest, or

24 damage to any device.

25 (h) Jurisdiction over an offender may be transferred from

26 the sentencing court to the court of another circuit with the

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1 concurrence of both courts. Further transfers or retransfers of

2 jurisdiction are also authorized in the same manner. The court

3 to which jurisdiction has been transferred shall have the same

4 powers as the sentencing court. The probation department within

5 the circuit to which jurisdiction has been transferred, or

6 which has agreed to provide supervision, may impose probation

7 fees upon receiving the transferred offender, as provided in

8 subsection (i). For all transfer cases, as defined in Section

9 9b of the Probation and Probation Officers Act, the probation

10 department from the original sentencing court shall retain all

11 probation fees collected prior to the transfer. After the

12 transfer all probation fees shall be paid to the probation

13 department within the circuit to which jurisdiction has been

14 transferred.

15 (i) The court shall impose upon an offender sentenced to

16 probation after January 1, 1989 or to conditional discharge

17 after January 1, 1992 or to community service under the

18 supervision of a probation or court services department after

19 January 1, 2004, as a condition of such probation or

20 conditional discharge or supervised community service, a fee of

21 $50 for each month of probation or conditional discharge

22 supervision or supervised community service ordered by the

23 court, unless after determining the inability of the person

24 sentenced to probation or conditional discharge or supervised

25 community service to pay the fee, the court assesses a lesser

26 fee. The court may not impose the fee on a minor who is made a

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1 ward of the State under the Juvenile Court Act of 1987 while

2 the minor is in placement. The fee shall be imposed only upon

3 an offender who is actively supervised by the probation and

4 court services department. The fee shall be collected by the

5 clerk of the circuit court. The clerk of the circuit court

6 shall pay all monies collected from this fee to the county

7 treasurer for deposit in the probation and court services fund

8 under Section 15.1 of the Probation and Probation Officers Act.

9 A circuit court may not impose a probation fee under this

10 subsection (i) in excess of $25 per month unless the circuit

11 court has adopted, by administrative order issued by the chief

12 judge, a standard probation fee guide determining an offender's

13 ability to pay Of the amount collected as a probation fee, up

14 to $5 of that fee collected per month may be used to provide

15 services to crime victims and their families.

16 The Court may only waive probation fees based on an

17 offender's ability to pay. The probation department may

18 re-evaluate an offender's ability to pay every 6 months, and,

19 with the approval of the Director of Court Services or the

20 Chief Probation Officer, adjust the monthly fee amount. An

21 offender may elect to pay probation fees due in a lump sum. Any

22 offender that has been assigned to the supervision of a

23 probation department, or has been transferred either under

24 subsection (h) of this Section or under any interstate compact,

25 shall be required to pay probation fees to the department

26 supervising the offender, based on the offender's ability to

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1 pay.

2 This amendatory Act of the 93rd General Assembly deletes

3 the $10 increase in the fee under this subsection that was

4 imposed by Public Act 93-616. This deletion is intended to

5 control over any other Act of the 93rd General Assembly that

6 retains or incorporates that fee increase.

7 (i-5) In addition to the fees imposed under subsection (i)

8 of this Section, in the case of an offender convicted of a

9 felony sex offense (as defined in the Sex Offender Management

10 Board Act) or an offense that the court or probation department

11 has determined to be sexually motivated (as defined in the Sex

12 Offender Management Board Act), the court or the probation

13 department shall assess additional fees to pay for all costs of

14 treatment, assessment, evaluation for risk and treatment, and

15 monitoring the offender, based on that offender's ability to

16 pay those costs either as they occur or under a payment plan.

17 (j) All fines and costs imposed under this Section for any

18 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

19 Code, or a similar provision of a local ordinance, and any

20 violation of the Child Passenger Protection Act, or a similar

21 provision of a local ordinance, shall be collected and

22 disbursed by the circuit clerk as provided under Section 27.5

23 of the Clerks of Courts Act.

24 (k) Any offender who is sentenced to probation or

25 conditional discharge for a felony sex offense as defined in

26 the Sex Offender Management Board Act or any offense that the

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1 court or probation department has determined to be sexually

2 motivated as defined in the Sex Offender Management Board Act

3 shall be required to refrain from any contact, directly or

4 indirectly, with any persons specified by the court and shall

5 be available for all evaluations and treatment programs

6 required by the court or the probation department.

7 (l) The court may order an offender who is sentenced to

8 probation or conditional discharge for a violation of an order

9 of protection be placed under electronic surveillance as

10 provided in Section 5-8A-7 of this Code.

11 (Source: P.A. 98-575, eff. 1-1-14; 98-718, eff. 1-1-15; 99-143,

12 eff. 7-27-15; 99-797, eff. 8-12-16.)

13 Section 100. The Stalking No Contact Order Act is amended

14 by changing Section 80 as follows:

15 (740 ILCS 21/80)

16 Sec. 80. Stalking no contact orders; remedies.

17 (a) If the court finds that the petitioner has been a

18 victim of stalking, a stalking no contact order shall issue;

19 provided that the petitioner must also satisfy the requirements

20 of Section 95 on emergency orders or Section 100 on plenary

21 orders. The petitioner shall not be denied a stalking no

22 contact order because the petitioner or the respondent is a

23 minor. The court, when determining whether or not to issue a

24 stalking no contact order, may not require physical injury on

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1 the person of the petitioner. Modification and extension of

2 prior stalking no contact orders shall be in accordance with

3 this Act.

4 (b) A stalking no contact order shall order one or more of

5 the following:

6 (1) prohibit the respondent from threatening to commit

7 or committing stalking;

8 (2) order the respondent not to have any contact with

9 the petitioner or a third person specifically named by the

10 court;

11 (3) prohibit the respondent from knowingly coming

12 within, or knowingly remaining within a specified distance

13 of the petitioner or the petitioner's residence, school,

14 daycare, or place of employment, or any specified place

15 frequented by the petitioner; however, the court may order

16 the respondent to stay away from the respondent's own

17 residence, school, or place of employment only if the

18 respondent has been provided actual notice of the

19 opportunity to appear and be heard on the petition;

20 (4) prohibit the respondent from ~~possessing a Firearm~~

21 ~~Owners Identification Card, or~~ possessing or buying

22 firearms; and

23 (5) order other injunctive relief the court determines

24 to be necessary to protect the petitioner or third party

25 specifically named by the court.

26 (b-5) When the petitioner and the respondent attend the

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1 same public, private, or non-public elementary, middle, or high

2 school, the court when issuing a stalking no contact order and

3 providing relief shall consider the severity of the act, any

4 continuing physical danger or emotional distress to the

5 petitioner, the educational rights guaranteed to the

6 petitioner and respondent under federal and State law, the

7 availability of a transfer of the respondent to another school,

8 a change of placement or a change of program of the respondent,

9 the expense, difficulty, and educational disruption that would

10 be caused by a transfer of the respondent to another school,

11 and any other relevant facts of the case. The court may order

12 that the respondent not attend the public, private, or

13 non-public elementary, middle, or high school attended by the

14 petitioner, order that the respondent accept a change of

15 placement or program, as determined by the school district or

16 private or non-public school, or place restrictions on the

17 respondent's movements within the school attended by the

18 petitioner. The respondent bears the burden of proving by a

19 preponderance of the evidence that a transfer, change of

20 placement, or change of program of the respondent is not

21 available. The respondent also bears the burden of production

22 with respect to the expense, difficulty, and educational

23 disruption that would be caused by a transfer of the respondent

24 to another school. A transfer, change of placement, or change

25 of program is not unavailable to the respondent solely on the

26 ground that the respondent does not agree with the school

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1 district's or private or non-public school's transfer, change

2 of placement, or change of program or solely on the ground that

3 the respondent fails or refuses to consent to or otherwise does

4 not take an action required to effectuate a transfer, change of

5 placement, or change of program. When a court orders a

6 respondent to stay away from the public, private, or non-public

7 school attended by the petitioner and the respondent requests a

8 transfer to another attendance center within the respondent's

9 school district or private or non-public school, the school

10 district or private or non-public school shall have sole

11 discretion to determine the attendance center to which the

12 respondent is transferred. In the event the court order results

13 in a transfer of the minor respondent to another attendance

14 center, a change in the respondent's placement, or a change of

15 the respondent's program, the parents, guardian, or legal

16 custodian of the respondent is responsible for transportation

17 and other costs associated with the transfer or change.

18 (b-6) The court may order the parents, guardian, or legal

19 custodian of a minor respondent to take certain actions or to

20 refrain from taking certain actions to ensure that the

21 respondent complies with the order. In the event the court

22 orders a transfer of the respondent to another school, the

23 parents, guardian, or legal custodian of the respondent are

24 responsible for transportation and other costs associated with

25 the change of school by the respondent.

26 (b-7) The court shall not hold a school district or private

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1 or non-public school or any of its employees in civil or

2 criminal contempt unless the school district or private or

3 non-public school has been allowed to intervene.

4 (b-8) The court may hold the parents, guardian, or legal

5 custodian of a minor respondent in civil or criminal contempt

6 for a violation of any provision of any order entered under

7 this Act for conduct of the minor respondent in violation of

8 this Act if the parents, guardian, or legal custodian directed,

9 encouraged, or assisted the respondent minor in such conduct.

10 (c) The court may award the petitioner costs and attorneys

11 fees if a stalking no contact order is granted.

12 (d) Monetary damages are not recoverable as a remedy.

13 (e) If the stalking no contact order prohibits the

14 respondent from ~~possessing a Firearm Owner's Identification~~

15 ~~Card, or~~ possessing or buying firearms; the court shall

16 confiscate the respondent's firearms ~~Firearm Owner's~~

17 ~~Identification Card and immediately return the card to the~~

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

19 ~~Office~~.

20 (Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;

21 97-1131, eff. 1-1-13.)

22 Section 105. The Mental Health and Developmental

23 Disabilities Confidentiality Act is amended by changing

24 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.

26 For the purpose of this subsection (a), the term "public

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1 official" means the Governor, Lieutenant Governor, Attorney

2 General, Secretary of State, State Comptroller, State

3 Treasurer, member of the General Assembly, member of the United

4 States Congress, Judge of the United States as defined in 28

5 U.S.C. 451, Justice of the United States as defined in 28

6 U.S.C. 451, United States Magistrate Judge as defined in 28

7 U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or

8 Supreme, Appellate, Circuit, or Associate Judge of the State of

9 Illinois. The term shall also include the spouse, child or

10 children of a public official.

11 (b) The Department of Human Services (acting as successor

12 to the Department of Mental Health and Developmental

13 Disabilities) and all public or private hospitals and mental

14 health facilities are required, as hereafter described in this

15 subsection, to furnish the Department of State Police only such

16 information as may be required for the sole purpose of

17 determining whether an individual who may be or may have been a

18 patient is disqualified because of that status from receiving

19 or retaining a firearm under paragraph (4) of subsection (a) of

20 Section 24-3.1 of the Criminal Code of 2012 ~~Firearm Owner's~~

21 ~~Identification Card or falls within the federal prohibitors~~

22 ~~under subsection (e), (f), (g), (r), (s), or (t) of Section 8~~

23 ~~of the Firearm Owners Identification Card Act~~, or falls within

24 the federal prohibitors in 18 U.S.C. 922(g) and (n). All

25 physicians, clinical psychologists, or qualified examiners at

26 public or private mental health facilities or parts thereof as

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1 defined in this subsection shall, in the form and manner

2 required by the Department, provide notice directly to the

3 Department of Human Services, or to his or her employer who

4 shall then report to the Department, within 24 hours after

5 determining that a person poses a clear and present danger to

6 himself, herself, or others, or within 7 days after a person 14

7 years or older is determined to be a person with a

8 developmental disability by a physician, clinical

9 psychologist, or qualified examiner as described in this

10 subsection (b) ~~Section 1.1 of the Firearm Owners Identification~~

11 ~~Card Act~~. If a person is a patient as described in clause

12 (2)(A) ~~(1)~~ of the definition of "patient" in (2)(A) ~~Section 1.1~~

13 ~~of the Firearm Owners Identification Card Act~~, this information

14 shall be furnished within 7 days after admission to a public or

15 private hospital or mental health facility or the provision of

16 services. Any such information disclosed under this subsection

17 shall remain privileged and confidential, and shall not be

18 redisclosed, except as required by clause (e)(2) of Section

19 24-4.5 of the Criminal Code of 2012 ~~subsection (e) of Section~~

20 ~~3.1 of the Firearm Owners Identification Card Act~~, nor utilized

21 for any other purpose. The method of requiring the providing of

22 such information shall guarantee that no information is

23 released beyond what is necessary for this purpose. In

24 addition, the information disclosed shall be provided by the

25 Department within the time period established by Section 24-3

26 of the Criminal Code of 2012 regarding the delivery of

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1 firearms. The method used shall be sufficient to provide the

2 necessary information within the prescribed time period, which

3 may include periodically providing lists to the Department of

4 Human Services or any public or private hospital or mental

5 health facility of ~~Firearm Owner's Identification Card~~

6 applicants for firearm purchaseson which the Department or

7 hospital shall indicate the identities of those individuals who

8 are to its knowledge disqualified from having a firearm ~~Firearm~~

9 ~~Owner's Identification Card~~ for reasons described herein. The

10 Department may provide for a centralized source of information

11 for the State on this subject under its jurisdiction. The

12 identity of the person reporting under this subsection shall

13 not be disclosed to the subject of the report. For the purposes

14 of this subsection, the physician, clinical psychologist, or

15 qualified examiner making the determination and his or her

16 employer shall not be held criminally, civilly, or

17 professionally liable for making or not making the notification

18 required under this subsection, except for willful or wanton

19 misconduct.

20 Any person, institution, or agency, under this Act,

21 participating in good faith in the reporting or disclosure of

22 records and communications otherwise in accordance with this

23 provision or with rules, regulations or guidelines issued by

24 the Department shall have immunity from any liability, civil,

25 criminal or otherwise, that might result by reason of the

26 action. For the purpose of any proceeding, civil or criminal,

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1 arising out of a report or disclosure in accordance with this

2 provision, the good faith of any person, institution, or agency

3 so reporting or disclosing shall be presumed. The full extent

4 of the immunity provided in this subsection (b) shall apply to

5 any person, institution or agency that fails to make a report

6 or disclosure in the good faith belief that the report or

7 disclosure would violate federal regulations governing the

8 confidentiality of alcohol and drug abuse patient records

9 implementing 42 U.S.C. 290dd-3 and 290ee-3.

10 For purposes of this subsection (b) only, the following

11 terms shall have the meaning prescribed:

12 (1) (Blank).

13 (1.3) "Clear and present danger" has the meaning as

14 defined in Section 6-103.3 of the Mental Health and

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

16 ~~Identification Card Act~~.

17 (1.5) "Person with a developmental disability" 6-103.3

18 of the Mental Health and Developmental Disabilities Code

19 ~~has the meaning as defined in Section 1.1 of the Firearm~~

20 ~~Owners Identification Card Act~~.

21 (2) "Patient" means (A) a person who voluntarily

22 receives mental health treatment as an in-patient or

23 resident of any public or private mental health facility,

24 unless the treatment was solely for an alcohol abuse

25 disorder and no other secondary substance abuse disorder or

26 mental illness; or (B) a person who voluntarily receives

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1 mental health treatment as an out-patient or is provided

2 services by a public or private mental health facility, and

3 who poses a clear and present danger to himself, herself,

4 or to others ~~has the meaning as defined in Section 1.1 of~~

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

6 (3) "Mental health facility" means any licensed

7 private hospital or hospital affiliate, institution, or

8 facility, or part thereof, and any facility, or part

9 thereof, operated by the State or a political subdivision

10 thereof which provide treatment of persons with mental

11 illness and includes all hospitals, institutions, clinics,

12 evaluation facilities, mental health centers, colleges,

13 universities, long-term care facilities, and nursing

14 homes, or parts thereof, which provide treatment of persons

15 with mental illness whether or not the primary purpose is

16 to provide treatment of persons with mental illness ~~has the~~

17 ~~meaning as defined in Section 1.1 of the Firearm Owners~~

18 ~~Identification Card Act~~.

19 (c) Upon the request of a peace officer who takes a person

20 into custody and transports such person to a mental health or

21 developmental disability facility pursuant to Section 3-606 or

22 4-404 of the Mental Health and Developmental Disabilities Code

23 or who transports a person from such facility, a facility

24 director shall furnish said peace officer the name, address,

25 age and name of the nearest relative of the person transported

26 to or from the mental health or developmental disability

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1 facility. In no case shall the facility director disclose to

2 the peace officer any information relating to the diagnosis,

3 treatment or evaluation of the person's mental or physical

4 health.

5 For the purposes of this subsection (c), the terms "mental

6 health or developmental disability facility", "peace officer"

7 and "facility director" shall have the meanings ascribed to

8 them in the Mental Health and Developmental Disabilities Code.

9 (d) Upon the request of a peace officer or prosecuting

10 authority who is conducting a bona fide investigation of a

11 criminal offense, or attempting to apprehend a fugitive from

12 justice, a facility director may disclose whether a person is

13 present at the facility. Upon request of a peace officer or

14 prosecuting authority who has a valid forcible felony warrant

15 issued, a facility director shall disclose: (1) whether the

16 person who is the subject of the warrant is present at the

17 facility and (2) the date of that person's discharge or future

18 discharge from the facility. The requesting peace officer or

19 prosecuting authority must furnish a case number and the

20 purpose of the investigation or an outstanding arrest warrant

21 at the time of the request. Any person, institution, or agency

22 participating in good faith in disclosing such information in

23 accordance with this subsection (d) is immune from any

24 liability, civil, criminal or otherwise, that might result by

25 reason of the action.

26 (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

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1 eff. 7-27-15; 99-642, eff. 7-28-16.)

2 Section 110. The Illinois Domestic Violence Act of 1986 is

3 amended by changing Section 214 as follows:

4 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

5 Sec. 214. Order of protection; remedies.

6 (a) Issuance of order. If the court finds that petitioner

7 has been abused by a family or household member or that

8 petitioner is a high-risk adult who has been abused, neglected,

9 or exploited, as defined in this Act, an order of protection

10 prohibiting the abuse, neglect, or exploitation shall issue;

11 provided that petitioner must also satisfy the requirements of

12 one of the following Sections, as appropriate: Section 217 on

13 emergency orders, Section 218 on interim orders, or Section 219

14 on plenary orders. Petitioner shall not be denied an order of

15 protection because petitioner or respondent is a minor. The

16 court, when determining whether or not to issue an order of

17 protection, shall not require physical manifestations of abuse

18 on the person of the victim. Modification and extension of

19 prior orders of protection shall be in accordance with this

20 Act.

21 (b) Remedies and standards. The remedies to be included in

22 an order of protection shall be determined in accordance with

23 this Section and one of the following Sections, as appropriate:

24 Section 217 on emergency orders, Section 218 on interim orders,

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1 and Section 219 on plenary orders. The remedies listed in this

2 subsection shall be in addition to other civil or criminal

3 remedies available to petitioner.

4 (1) Prohibition of abuse, neglect, or exploitation.

5 Prohibit respondent's harassment, interference with

6 personal liberty, intimidation of a dependent, physical

7 abuse, or willful deprivation, neglect or exploitation, as

8 defined in this Act, or stalking of the petitioner, as

9 defined in Section 12-7.3 of the Criminal Code of 2012, if

10 such abuse, neglect, exploitation, or stalking has

11 occurred or otherwise appears likely to occur if not

12 prohibited.

13 (2) Grant of exclusive possession of residence.

14 Prohibit respondent from entering or remaining in any

15 residence, household, or premises of the petitioner,

16 including one owned or leased by respondent, if petitioner

17 has a right to occupancy thereof. The grant of exclusive

18 possession of the residence, household, or premises shall

19 not affect title to real property, nor shall the court be

20 limited by the standard set forth in Section 701 of the

21 Illinois Marriage and Dissolution of Marriage Act.

22 (A) Right to occupancy. A party has a right to

23 occupancy of a residence or household if it is solely

24 or jointly owned or leased by that party, that party's

25 spouse, a person with a legal duty to support that

26 party or a minor child in that party's care, or by any

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1 person or entity other than the opposing party that

2 authorizes that party's occupancy (e.g., a domestic

3 violence shelter). Standards set forth in subparagraph

4 (B) shall not preclude equitable relief.

5 (B) Presumption of hardships. If petitioner and

6 respondent each has the right to occupancy of a

7 residence or household, the court shall balance (i) the

8 hardships to respondent and any minor child or

9 dependent adult in respondent's care resulting from

10 entry of this remedy with (ii) the hardships to

11 petitioner and any minor child or dependent adult in

12 petitioner's care resulting from continued exposure to

13 the risk of abuse (should petitioner remain at the

14 residence or household) or from loss of possession of

15 the residence or household (should petitioner leave to

16 avoid the risk of abuse). When determining the balance

17 of hardships, the court shall also take into account

18 the accessibility of the residence or household.

19 Hardships need not be balanced if respondent does not

20 have a right to occupancy.

21 The balance of hardships is presumed to favor

22 possession by petitioner unless the presumption is

23 rebutted by a preponderance of the evidence, showing

24 that the hardships to respondent substantially

25 outweigh the hardships to petitioner and any minor

26 child or dependent adult in petitioner's care. The

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1 court, on the request of petitioner or on its own

2 motion, may order respondent to provide suitable,

3 accessible, alternate housing for petitioner instead

4 of excluding respondent from a mutual residence or

5 household.

6 (3) Stay away order and additional prohibitions. Order

7 respondent to stay away from petitioner or any other person

8 protected by the order of protection, or prohibit

9 respondent from entering or remaining present at

10 petitioner's school, place of employment, or other

11 specified places at times when petitioner is present, or

12 both, if reasonable, given the balance of hardships.

13 Hardships need not be balanced for the court to enter a

14 stay away order or prohibit entry if respondent has no

15 right to enter the premises.

16 (A) If an order of protection grants petitioner

17 exclusive possession of the residence, or prohibits

18 respondent from entering the residence, or orders

19 respondent to stay away from petitioner or other

20 protected persons, then the court may allow respondent

21 access to the residence to remove items of clothing and

22 personal adornment used exclusively by respondent,

23 medications, and other items as the court directs. The

24 right to access shall be exercised on only one occasion

25 as the court directs and in the presence of an

26 agreed-upon adult third party or law enforcement

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1 officer.

2 (B) When the petitioner and the respondent attend

3 the same public, private, or non-public elementary,

4 middle, or high school, the court when issuing an order

5 of protection and providing relief shall consider the

6 severity of the act, any continuing physical danger or

7 emotional distress to the petitioner, the educational

8 rights guaranteed to the petitioner and respondent

9 under federal and State law, the availability of a

10 transfer of the respondent to another school, a change

11 of placement or a change of program of the respondent,

12 the expense, difficulty, and educational disruption

13 that would be caused by a transfer of the respondent to

14 another school, and any other relevant facts of the

15 case. The court may order that the respondent not

16 attend the public, private, or non-public elementary,

17 middle, or high school attended by the petitioner,

18 order that the respondent accept a change of placement

19 or change of program, as determined by the school

20 district or private or non-public school, or place

21 restrictions on the respondent's movements within the

22 school attended by the petitioner. The respondent

23 bears the burden of proving by a preponderance of the

24 evidence that a transfer, change of placement, or

25 change of program of the respondent is not available.

26 The respondent also bears the burden of production with

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1 respect to the expense, difficulty, and educational

2 disruption that would be caused by a transfer of the

3 respondent to another school. A transfer, change of

4 placement, or change of program is not unavailable to

5 the respondent solely on the ground that the respondent

6 does not agree with the school district's or private or

7 non-public school's transfer, change of placement, or

8 change of program or solely on the ground that the

9 respondent fails or refuses to consent or otherwise

10 does not take an action required to effectuate a

11 transfer, change of placement, or change of program.

12 When a court orders a respondent to stay away from the

13 public, private, or non-public school attended by the

14 petitioner and the respondent requests a transfer to

15 another attendance center within the respondent's

16 school district or private or non-public school, the

17 school district or private or non-public school shall

18 have sole discretion to determine the attendance

19 center to which the respondent is transferred. In the

20 event the court order results in a transfer of the

21 minor respondent to another attendance center, a

22 change in the respondent's placement, or a change of

23 the respondent's program, the parents, guardian, or

24 legal custodian of the respondent is responsible for

25 transportation and other costs associated with the

26 transfer or change.

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1 (C) The court may order the parents, guardian, or

2 legal custodian of a minor respondent to take certain

3 actions or to refrain from taking certain actions to

4 ensure that the respondent complies with the order. In

5 the event the court orders a transfer of the respondent

6 to another school, the parents, guardian, or legal

7 custodian of the respondent is responsible for

8 transportation and other costs associated with the

9 change of school by the respondent.

10 (4) Counseling. Require or recommend the respondent to

11 undergo counseling for a specified duration with a social

12 worker, psychologist, clinical psychologist, psychiatrist,

13 family service agency, alcohol or substance abuse program,

14 mental health center guidance counselor, agency providing

15 services to elders, program designed for domestic violence

16 abusers or any other guidance service the court deems

17 appropriate. The Court may order the respondent in any

18 intimate partner relationship to report to an Illinois

19 Department of Human Services protocol approved partner

20 abuse intervention program for an assessment and to follow

21 all recommended treatment.

22 (5) Physical care and possession of the minor child. In

23 order to protect the minor child from abuse, neglect, or

24 unwarranted separation from the person who has been the

25 minor child's primary caretaker, or to otherwise protect

26 the well-being of the minor child, the court may do either

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1 or both of the following: (i) grant petitioner physical

2 care or possession of the minor child, or both, or (ii)

3 order respondent to return a minor child to, or not remove

4 a minor child from, the physical care of a parent or person

5 in loco parentis.

6 If a court finds, after a hearing, that respondent has

7 committed abuse (as defined in Section 103) of a minor

8 child, there shall be a rebuttable presumption that

9 awarding physical care to respondent would not be in the

10 minor child's best interest.

11 (6) Temporary allocation of parental responsibilities:

12 significant decision-making. Award temporary

13 decision-making responsibility to petitioner in accordance

14 with this Section, the Illinois Marriage and Dissolution of

15 Marriage Act, the Illinois Parentage Act of 2015, and this

16 State's Uniform Child-Custody Jurisdiction and Enforcement

17 Act.

18 If a court finds, after a hearing, that respondent has

19 committed abuse (as defined in Section 103) of a minor

20 child, there shall be a rebuttable presumption that

21 awarding temporary significant decision-making

22 responsibility to respondent would not be in the child's

23 best interest.

24 (7) Parenting time. Determine the parenting time, if

25 any, of respondent in any case in which the court awards

26 physical care or allocates temporary significant

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1 decision-making responsibility of a minor child to

2 petitioner. The court shall restrict or deny respondent's

3 parenting time with a minor child if the court finds that

4 respondent has done or is likely to do any of the

5 following: (i) abuse or endanger the minor child during

6 parenting time; (ii) use the parenting time as an

7 opportunity to abuse or harass petitioner or petitioner's

8 family or household members; (iii) improperly conceal or

9 detain the minor child; or (iv) otherwise act in a manner

10 that is not in the best interests of the minor child. The

11 court shall not be limited by the standards set forth in

12 Section 603.10 of the Illinois Marriage and Dissolution of

13 Marriage Act. If the court grants parenting time, the order

14 shall specify dates and times for the parenting time to

15 take place or other specific parameters or conditions that

16 are appropriate. No order for parenting time shall refer

17 merely to the term "reasonable parenting time".

18 Petitioner may deny respondent access to the minor

19 child if, when respondent arrives for parenting time,

20 respondent is under the influence of drugs or alcohol and

21 constitutes a threat to the safety and well-being of

22 petitioner or petitioner's minor children or is behaving in

23 a violent or abusive manner.

24 If necessary to protect any member of petitioner's

25 family or household from future abuse, respondent shall be

26 prohibited from coming to petitioner's residence to meet

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1 the minor child for parenting time, and the parties shall

2 submit to the court their recommendations for reasonable

3 alternative arrangements for parenting time. A person may

4 be approved to supervise parenting time only after filing

5 an affidavit accepting that responsibility and

6 acknowledging accountability to the court.

7 (8) Removal or concealment of minor child. Prohibit

8 respondent from removing a minor child from the State or

9 concealing the child within the State.

10 (9) Order to appear. Order the respondent to appear in

11 court, alone or with a minor child, to prevent abuse,

12 neglect, removal or concealment of the child, to return the

13 child to the custody or care of the petitioner or to permit

14 any court-ordered interview or examination of the child or

15 the respondent.

16 (10) Possession of personal property. Grant petitioner

17 exclusive possession of personal property and, if

18 respondent has possession or control, direct respondent to

19 promptly make it available to petitioner, if:

20 (i) petitioner, but not respondent, owns the

21 property; or

22 (ii) the parties own the property jointly; sharing

23 it would risk abuse of petitioner by respondent or is

24 impracticable; and the balance of hardships favors

25 temporary possession by petitioner.

26 If petitioner's sole claim to ownership of the property

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1 is that it is marital property, the court may award

2 petitioner temporary possession thereof under the

3 standards of subparagraph (ii) of this paragraph only if a

4 proper proceeding has been filed under the Illinois

5 Marriage and Dissolution of Marriage Act, as now or

6 hereafter amended.

7 No order under this provision shall affect title to

8 property.

9 (11) Protection of property. Forbid the respondent

10 from taking, transferring, encumbering, concealing,

11 damaging or otherwise disposing of any real or personal

12 property, except as explicitly authorized by the court, if:

13 (i) petitioner, but not respondent, owns the

14 property; or

15 (ii) the parties own the property jointly, and the

16 balance of hardships favors granting this remedy.

17 If petitioner's sole claim to ownership of the property

18 is that it is marital property, the court may grant

19 petitioner relief under subparagraph (ii) of this

20 paragraph only if a proper proceeding has been filed under

21 the Illinois Marriage and Dissolution of Marriage Act, as

22 now or hereafter amended.

23 The court may further prohibit respondent from

24 improperly using the financial or other resources of an

25 aged member of the family or household for the profit or

26 advantage of respondent or of any other person.

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1 (11.5) Protection of animals. Grant the petitioner the

2 exclusive care, custody, or control of any animal owned,

3 possessed, leased, kept, or held by either the petitioner

4 or the respondent or a minor child residing in the

5 residence or household of either the petitioner or the

6 respondent and order the respondent to stay away from the

7 animal and forbid the respondent from taking,

8 transferring, encumbering, concealing, harming, or

9 otherwise disposing of the animal.

10 (12) Order for payment of support. Order respondent to

11 pay temporary support for the petitioner or any child in

12 the petitioner's care or over whom the petitioner has been

13 allocated parental responsibility, when the respondent has

14 a legal obligation to support that person, in accordance

15 with the Illinois Marriage and Dissolution of Marriage Act,

16 which shall govern, among other matters, the amount of

17 support, payment through the clerk and withholding of

18 income to secure payment. An order for child support may be

19 granted to a petitioner with lawful physical care of a

20 child, or an order or agreement for physical care of a

21 child, prior to entry of an order allocating significant

22 decision-making responsibility. Such a support order shall

23 expire upon entry of a valid order allocating parental

24 responsibility differently and vacating the petitioner's

25 significant decision-making authority, unless otherwise

26 provided in the order.

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1 (13) Order for payment of losses. Order respondent to

2 pay petitioner for losses suffered as a direct result of

3 the abuse, neglect, or exploitation. Such losses shall

4 include, but not be limited to, medical expenses, lost

5 earnings or other support, repair or replacement of

6 property damaged or taken, reasonable attorney's fees,

7 court costs and moving or other travel expenses, including

8 additional reasonable expenses for temporary shelter and

9 restaurant meals.

10 (i) Losses affecting family needs. If a party is

11 entitled to seek maintenance, child support or

12 property distribution from the other party under the

13 Illinois Marriage and Dissolution of Marriage Act, as

14 now or hereafter amended, the court may order

15 respondent to reimburse petitioner's actual losses, to

16 the extent that such reimbursement would be

17 "appropriate temporary relief", as authorized by

18 subsection (a)(3) of Section 501 of that Act.

19 (ii) Recovery of expenses. In the case of an

20 improper concealment or removal of a minor child, the

21 court may order respondent to pay the reasonable

22 expenses incurred or to be incurred in the search for

23 and recovery of the minor child, including but not

24 limited to legal fees, court costs, private

25 investigator fees, and travel costs.

26 (14) Prohibition of entry. Prohibit the respondent

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1 from entering or remaining in the residence or household

2 while the respondent is under the influence of alcohol or

3 drugs and constitutes a threat to the safety and well-being

4 of the petitioner or the petitioner's children.

5 (14.5) Prohibition of firearm possession.

6 (a) Prohibit a respondent against whom an order of

7 protection was issued from possessing any firearms

8 during the duration of the order if the order:

9 (1) was issued after a hearing of which such

10 person received actual notice, and at which such

11 person had an opportunity to participate;

12 (2) restrains such person from harassing,

13 stalking, or threatening an intimate partner of

14 such person or child of such intimate partner or

15 person, or engaging in other conduct that would

16 place an intimate partner in reasonable fear of

17 bodily injury to the partner or child; and

18 (3)(i) includes a finding that such person

19 represents a credible threat to the physical

20 safety of such intimate partner or child; or (ii)

21 by its terms explicitly prohibits the use,

22 attempted use, or threatened use of physical force

23 against such intimate partner or child that would

24 reasonably be expected to cause bodily injury.

25 ~~Any Firearm Owner's Identification Card in the~~

26 ~~possession of the respondent, except as provided in~~

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1 ~~subsection (b), shall be ordered by the court to be~~

2 ~~turned over to the local law enforcement agency. The~~

3 ~~local law enforcement agency shall immediately mail~~

4 ~~the card to the Department of State Police Firearm~~

5 ~~Owner's Identification Card Office for safekeeping.~~

6 The court shall issue a warrant for seizure of any

7 firearm in the possession of the respondent, to be kept

8 by the local law enforcement agency for safekeeping,

9 except as provided in subsection (b). The period of

10 safekeeping shall be for the duration of the order of

11 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

14 respondent at the end of the order of protection. It is

15 the respondent's responsibility to notify the

16 Department of State Police ~~Firearm Owner's~~

17 ~~Identification Card Office~~.

18 (b) If the respondent is a peace officer as defined

19 in Section 2-13 of the Criminal Code of 2012, the court

20 shall order that any firearms used by the respondent in

21 the performance of his or her duties as a peace officer

22 be surrendered to the chief law enforcement executive

23 of the agency in which the respondent is employed, who

24 shall retain the firearms for safekeeping for the

25 duration of the order of protection.

26 (c) Upon expiration of the period of safekeeping,

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1 if the firearms ~~or Firearm Owner's Identification Card~~

2 cannot be returned to respondent because respondent

3 cannot be located, fails to respond to requests to

4 retrieve the firearms, or is not lawfully eligible to

5 possess a firearm, upon petition from the local law

6 enforcement agency, the court may order the local law

7 enforcement agency to destroy the firearms, use the

8 firearms for training purposes, or for any other

9 application as deemed appropriate by the local law

10 enforcement agency; or that the firearms be turned over

11 to a third party who is lawfully eligible to possess

12 firearms, and who does not reside with respondent.

13 (15) Prohibition of access to records. If an order of

14 protection prohibits respondent from having contact with

15 the minor child, or if petitioner's address is omitted

16 under subsection (b) of Section 203, or if necessary to

17 prevent abuse or wrongful removal or concealment of a minor

18 child, the order shall deny respondent access to, and

19 prohibit respondent from inspecting, obtaining, or

20 attempting to inspect or obtain, school or any other

21 records of the minor child who is in the care of

22 petitioner.

23 (16) Order for payment of shelter services. Order

24 respondent to reimburse a shelter providing temporary

25 housing and counseling services to the petitioner for the

26 cost of the services, as certified by the shelter and

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1 deemed reasonable by the court.

2 (17) Order for injunctive relief. Enter injunctive

3 relief necessary or appropriate to prevent further abuse of

4 a family or household member or further abuse, neglect, or

5 exploitation of a high-risk adult with disabilities or to

6 effectuate one of the granted remedies, if supported by the

7 balance of hardships. If the harm to be prevented by the

8 injunction is abuse or any other harm that one of the

9 remedies listed in paragraphs (1) through (16) of this

10 subsection is designed to prevent, no further evidence is

11 necessary that the harm is an irreparable injury.

12 (c) Relevant factors; findings.

13 (1) In determining whether to grant a specific remedy,

14 other than payment of support, the court shall consider

15 relevant factors, including but not limited to the

16 following:

17 (i) the nature, frequency, severity, pattern and

18 consequences of the respondent's past abuse, neglect

19 or exploitation of the petitioner or any family or

20 household member, including the concealment of his or

21 her location in order to evade service of process or

22 notice, and the likelihood of danger of future abuse,

23 neglect, or exploitation to petitioner or any member of

24 petitioner's or respondent's family or household; and

25 (ii) the danger that any minor child will be abused

26 or neglected or improperly relocated from the

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1 jurisdiction, improperly concealed within the State or

2 improperly separated from the child's primary

3 caretaker.

4 (2) In comparing relative hardships resulting to the

5 parties from loss of possession of the family home, the

6 court shall consider relevant factors, including but not

7 limited to the following:

8 (i) availability, accessibility, cost, safety,

9 adequacy, location and other characteristics of

10 alternate housing for each party and any minor child or

11 dependent adult in the party's care;

12 (ii) the effect on the party's employment; and

13 (iii) the effect on the relationship of the party,

14 and any minor child or dependent adult in the party's

15 care, to family, school, church and community.

16 (3) Subject to the exceptions set forth in paragraph

17 (4) of this subsection, the court shall make its findings

18 in an official record or in writing, and shall at a minimum

19 set forth the following:

20 (i) That the court has considered the applicable

21 relevant factors described in paragraphs (1) and (2) of

22 this subsection.

23 (ii) Whether the conduct or actions of respondent,

24 unless prohibited, will likely cause irreparable harm

25 or continued abuse.

26 (iii) Whether it is necessary to grant the

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1 requested relief in order to protect petitioner or

2 other alleged abused persons.

3 (4) For purposes of issuing an ex parte emergency order

4 of protection, the court, as an alternative to or as a

5 supplement to making the findings described in paragraphs

6 (c)(3)(i) through (c)(3)(iii) of this subsection, may use

7 the following procedure:

8 When a verified petition for an emergency order of

9 protection in accordance with the requirements of Sections

10 203 and 217 is presented to the court, the court shall

11 examine petitioner on oath or affirmation. An emergency

12 order of protection shall be issued by the court if it

13 appears from the contents of the petition and the

14 examination of petitioner that the averments are

15 sufficient to indicate abuse by respondent and to support

16 the granting of relief under the issuance of the emergency

17 order of protection.

18 (5) Never married parties. No rights or

19 responsibilities for a minor child born outside of marriage

20 attach to a putative father until a father and child

21 relationship has been established under the Illinois

22 Parentage Act of 1984, the Illinois Parentage Act of 2015,

23 the Illinois Public Aid Code, Section 12 of the Vital

24 Records Act, the Juvenile Court Act of 1987, the Probate

25 Act of 1985, the Revised Uniform Reciprocal Enforcement of

26 Support Act, the Uniform Interstate Family Support Act, the

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1 Expedited Child Support Act of 1990, any judicial,

2 administrative, or other act of another state or territory,

3 any other Illinois statute, or by any foreign nation

4 establishing the father and child relationship, any other

5 proceeding substantially in conformity with the Personal

6 Responsibility and Work Opportunity Reconciliation Act of

7 1996 (Pub. L. 104-193), or where both parties appeared in

8 open court or at an administrative hearing acknowledging

9 under oath or admitting by affirmation the existence of a

10 father and child relationship. Absent such an

11 adjudication, finding, or acknowledgement, no putative

12 father shall be granted temporary allocation of parental

13 responsibilities, including parenting time with the minor

14 child, or physical care and possession of the minor child,

15 nor shall an order of payment for support of the minor

16 child be entered.

17 (d) Balance of hardships; findings. If the court finds that

18 the balance of hardships does not support the granting of a

19 remedy governed by paragraph (2), (3), (10), (11), or (16) of

20 subsection (b) of this Section, which may require such

21 balancing, the court's findings shall so indicate and shall

22 include a finding as to whether granting the remedy will result

23 in hardship to respondent that would substantially outweigh the

24 hardship to petitioner from denial of the remedy. The findings

25 shall be an official record or in writing.

26 (e) Denial of remedies. Denial of any remedy shall not be

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1 based, in whole or in part, on evidence that:

2 (1) Respondent has cause for any use of force, unless

3 that cause satisfies the standards for justifiable use of

4 force provided by Article 7 of the Criminal Code of 2012;

5 (2) Respondent was voluntarily intoxicated;

6 (3) Petitioner acted in self-defense or defense of

7 another, provided that, if petitioner utilized force, such

8 force was justifiable under Article 7 of the Criminal Code

9 of 2012;

10 (4) Petitioner did not act in self-defense or defense

11 of another;

12 (5) Petitioner left the residence or household to avoid

13 further abuse, neglect, or exploitation by respondent;

14 (6) Petitioner did not leave the residence or household

15 to avoid further abuse, neglect, or exploitation by

16 respondent;

17 (7) Conduct by any family or household member excused

18 the abuse, neglect, or exploitation by respondent, unless

19 that same conduct would have excused such abuse, neglect,

20 or exploitation if the parties had not been family or

21 household members.

22 (Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,

23 eff. 7-28-16.)

24 Section 115. The Uniform Disposition of Unclaimed Property

25 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

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1 in case of other property, or any person having a legal or

2 equitable interest in property subject to this Act, or his

3 legal representative.

4 (g) "Person" means any individual, business association,

5 financial organization, government or political subdivision or

6 agency, public authority, estate, trust, or any other legal or

7 commercial entity.

8 (h) "Utility" means any person who owns or operates, for

9 public use, any plant, equipment, property, franchise, or

10 license for the transmission of communications or the

11 production, storage, transmission, sale, delivery, or

12 furnishing of electricity, water, steam, oil or gas.

13 (i) (Blank).

14 (j) "Insurance company" means any person transacting the

15 kinds of business enumerated in Section 4 of the Illinois

16 Insurance Code other than life insurance.

17 (k) "Economic loss", as used in Sections 2a and 9 of this

18 Act includes, but is not limited to, delivery charges,

19 mark-downs and write-offs, carrying costs, restocking charges,

20 lay-aways, special orders, issuance of credit memos, and the

21 costs of special services or goods provided that reduce the

22 property value or that result in lost sales opportunity.

23 (l) "Reportable property" means property, tangible or

24 intangible, presumed abandoned under this Act that must be

25 appropriately and timely reported and remitted to the Office of

26 the State Treasurer under this Act. Interest, dividends, stock

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1 splits, warrants, or other rights that become reportable

2 property under this Act include the underlying security or

3 commodity giving rise to the interest, dividend, split,

4 warrant, or other right to which the owner would be entitled.

5 (m) "Firearm" has the meaning ascribed to that term in

6 Section 2-7.5 of the Criminal Code of 2012~~the Firearm Owners~~

7 ~~Identification Card Act~~.

8 (Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748,

9 eff. 6-2-00.)

10 Section 999. Effective date. This Act takes effect upon

11 becoming law.

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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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