100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4314
 
Introduced , by Rep. Thomas M. Bennett
 
SYNOPSIS AS INTRODUCED:



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



LRB100 15650 RLC 30751 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB4314LRB100 15650 RLC 30751 b



1 AN ACT concerning firearms.


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

3represented in the General Assembly:



4 Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)
7 (Text of Section before amendment by P.A. 100-512 and 
8100-517)
9 Sec. 7.5. Statutory exemptions. To the extent provided for 
10by the statutes referenced below, the following shall be exempt 
11from inspection and copying:
12  (a) All information determined to be confidential 
13 under Section 4002 of the Technology Advancement and 
14 Development Act.
15  (b) Library circulation and order records identifying 
16 library users with specific materials under the Library 
17 Records Confidentiality Act.
18  (c) Applications, related documents, and medical 
19 records received by the Experimental Organ Transplantation 
20 Procedures Board and any and all documents or other records 
21 prepared by the Experimental Organ Transplantation 
22 Procedures Board or its staff relating to applications it 
23 has received.
 
 
HB4314- 2 -LRB100 15650 RLC 30751 b


1  (d) Information and records held by the Department of 
2 Public Health and its authorized representatives relating 
3 to known or suspected cases of sexually transmissible 
4 disease or any information the disclosure of which is 
5 restricted under the Illinois Sexually Transmissible 
6 Disease Control Act.
7  (e) Information the disclosure of which is exempted 
8 under Section 30 of the Radon Industry Licensing Act.
9  (f) Firm performance evaluations under Section 55 of 
10 the Architectural, Engineering, and Land Surveying 
11 Qualifications Based Selection Act.
12  (g) Information the disclosure of which is restricted 
13 and exempted under Section 50 of the Illinois Prepaid 
14 Tuition Act.
15  (h) Information the disclosure of which is exempted 
16 under the State Officials and Employees Ethics Act, and 
17 records of any lawfully created State or local inspector 
18 general's office that would be exempt if created or 
19 obtained by an Executive Inspector General's office under 
20 that Act.
21  (i) Information contained in a local emergency energy 
22 plan submitted to a municipality in accordance with a local 
23 emergency energy plan ordinance that is adopted under 
24 Section 11-21.5-5 of the Illinois Municipal Code.
25  (j) Information and data concerning the distribution 
26 of surcharge moneys collected and remitted by carriers 
 
 
HB4314- 3 -LRB100 15650 RLC 30751 b


1 under the Emergency Telephone System Act.
2  (k) Law enforcement officer identification information 
3 or driver identification information compiled by a law 
4 enforcement agency or the Department of Transportation 
5 under Section 11-212 of the Illinois Vehicle Code.
6  (l) Records and information provided to a residential 
7 health care facility resident sexual assault and death 
8 review team or the Executive Council under the Abuse 
9 Prevention Review Team Act.
10  (m) Information provided to the predatory lending 
11 database created pursuant to Article 3 of the Residential 
12 Real Property Disclosure Act, except to the extent 
13 authorized under that Article.
14  (n) Defense budgets and petitions for certification of 
15 compensation and expenses for court appointed trial 
16 counsel as provided under Sections 10 and 15 of the Capital 
17 Crimes Litigation Act. This subsection (n) shall apply 
18 until the conclusion of the trial of the case, even if the 
19 prosecution chooses not to pursue the death penalty prior 
20 to trial or sentencing.
21  (o) Information that is prohibited from being 
22 disclosed under Section 4 of the Illinois Health and 
23 Hazardous Substances Registry Act.
24  (p) Security portions of system safety program plans, 
25 investigation reports, surveys, schedules, lists, data, or 
26 information compiled, collected, or prepared by or for the 
 
 
HB4314- 4 -LRB100 15650 RLC 30751 b


1 Regional Transportation Authority under Section 2.11 of 
2 the Regional Transportation Authority Act or the St. Clair 
3 County Transit District under the Bi-State Transit Safety 
4 Act. 
5  (q) Information prohibited from being disclosed by the 
6 Personnel Records Review Act. 
7  (r) Information prohibited from being disclosed by the 
8 Illinois School Student Records Act. 
9  (s) Information the disclosure of which is restricted 
10 under Section 5-108 of the Public Utilities Act. 

11  (t) All identified or deidentified health information 
12 in the form of health data or medical records contained in, 
13 stored in, submitted to, transferred by, or released from 
14 the Illinois Health Information Exchange, and identified 
15 or deidentified health information in the form of health 
16 data and medical records of the Illinois Health Information 
17 Exchange in the possession of the Illinois Health 
18 Information Exchange Authority due to its administration 
19 of the Illinois Health Information Exchange. The terms 
20 "identified" and "deidentified" shall be given the same 
21 meaning as in the Health Insurance Portability and 
22 Accountability Act of 1996, Public Law 104-191, or any 
23 subsequent amendments thereto, and any regulations 
24 promulgated thereunder. 
25  (u) Records and information provided to an independent 
26 team of experts under Brian's Law. 
 
 
HB4314- 5 -LRB100 15650 RLC 30751 b


1  (v) Names and information of people who have applied 
2 for or received Firearm Owner's Identification Cards under 
3 the Firearm Owners Identification Card Act before the 
4 effective date of this amendatory Act of the 100th General 
5 Assembly or applied for or received a concealed carry 
6 license under the Firearm Concealed Carry Act, unless 
7 otherwise authorized by the Firearm Concealed Carry Act; 
8 and databases under the Firearm Concealed Carry Act, 
9 records of the Concealed Carry Licensing Review Board under 
10 the Firearm Concealed Carry Act, and law enforcement agency 
11 objections under the Firearm Concealed Carry Act. 
12  (w) Personally identifiable information which is 
13 exempted from disclosure under subsection (g) of Section 
14 19.1 of the Toll Highway Act.
15  (x) Information which is exempted from disclosure 
16 under Section 5-1014.3 of the Counties Code or Section 
17 8-11-21 of the Illinois Municipal Code. 
18  (y) Confidential information under the Adult 
19 Protective Services Act and its predecessor enabling 
20 statute, the Elder Abuse and Neglect Act, including 
21 information about the identity and administrative finding 
22 against any caregiver of a verified and substantiated 
23 decision of abuse, neglect, or financial exploitation of an 
24 eligible adult maintained in the Registry established 
25 under Section 7.5 of the Adult Protective Services Act. 
26  (z) Records and information provided to a fatality 
 
 
HB4314- 6 -LRB100 15650 RLC 30751 b


1 review team or the Illinois Fatality Review Team Advisory 
2 Council under Section 15 of the Adult Protective Services 
3 Act. 
4  (aa) Information which is exempted from disclosure 
5 under Section 2.37 of the Wildlife Code. 
6  (bb) Information which is or was prohibited from 
7 disclosure by the Juvenile Court Act of 1987. 
8  (cc) Recordings made under the Law Enforcement 
9 Officer-Worn Body Camera Act, except to the extent 
10 authorized under that Act.
11  (dd) Information that is prohibited from being 
12 disclosed under Section 45 of the Condominium and Common 
13 Interest Community Ombudsperson Act. 
14  (ee) Information that is exempted from disclosure 
15 under Section 30.1 of the Pharmacy Practice Act. 
16  (ff) Information that is exempted from disclosure 
17 under the Revised Uniform Unclaimed Property Act. 
18  (gg) (ff) Information that is prohibited from being 
19 disclosed under Section 7-603.5 of the Illinois Vehicle 
20 Code. 
21  (hh) (ff) Records that are exempt from disclosure under 
22 Section 1A-16.7 of the Election Code. 
23  (ii) (ff) Information which is exempted from 
24 disclosure under Section 2505-800 of the Department of 
25 Revenue Law of the Civil Administrative Code of Illinois. 
26(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
 
 
HB4314- 7 -LRB100 15650 RLC 30751 b


1eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
299-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
3100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
48-28-17; 100-465, eff. 8-31-17; revised 11-2-17.)

5 (Text of Section after amendment by P.A. 100-517 but before 
6amendment by P.A. 100-512)
7 Sec. 7.5. Statutory exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be exempt 
9from 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 
24 to known or suspected cases of sexually transmissible 
25 disease or any information the disclosure of which is 
 
 
HB4314- 8 -LRB100 15650 RLC 30751 b


1 restricted under the Illinois Sexually Transmissible 
2 Disease Control Act.
3  (e) Information the disclosure of which is exempted 
4 under Section 30 of the Radon Industry Licensing Act.
5  (f) Firm performance evaluations under Section 55 of 
6 the Architectural, Engineering, and Land Surveying 
7 Qualifications Based Selection Act.
8  (g) Information the disclosure of which is restricted 
9 and exempted under Section 50 of the Illinois Prepaid 
10 Tuition Act.
11  (h) Information the disclosure of which is exempted 
12 under the State Officials and Employees Ethics Act, and 
13 records of any lawfully created State or local inspector 
14 general's office that would be exempt if created or 
15 obtained by an Executive Inspector General's office under 
16 that Act.
17  (i) Information contained in a local emergency energy 
18 plan submitted to a municipality in accordance with a local 
19 emergency energy plan ordinance that is adopted under 
20 Section 11-21.5-5 of the Illinois Municipal Code.
21  (j) Information and data concerning the distribution 
22 of surcharge moneys collected and remitted by carriers 
23 under the Emergency Telephone System Act.
24  (k) Law enforcement officer identification information 
25 or driver identification information compiled by a law 
26 enforcement agency or the Department of Transportation 
 
 
HB4314- 9 -LRB100 15650 RLC 30751 b


1 under Section 11-212 of the Illinois Vehicle Code.
2  (l) Records and information provided to a residential 
3 health care facility resident sexual assault and death 
4 review team or the Executive Council under the Abuse 
5 Prevention Review Team Act.
6  (m) Information provided to the predatory lending 
7 database created pursuant to Article 3 of the Residential 
8 Real Property Disclosure Act, except to the extent 
9 authorized under that Article.
10  (n) Defense budgets and petitions for certification of 
11 compensation and expenses for court appointed trial 
12 counsel as provided under Sections 10 and 15 of the Capital 
13 Crimes Litigation Act. This subsection (n) shall apply 
14 until the conclusion of the trial of the case, even if the 
15 prosecution chooses not to pursue the death penalty prior 
16 to trial or sentencing.
17  (o) Information that is prohibited from being 
18 disclosed under Section 4 of the Illinois Health and 
19 Hazardous Substances Registry Act.
20  (p) Security portions of system safety program plans, 
21 investigation reports, surveys, schedules, lists, data, or 
22 information compiled, collected, or prepared by or for the 
23 Regional Transportation Authority under Section 2.11 of 
24 the Regional Transportation Authority Act or the St. Clair 
25 County Transit District under the Bi-State Transit Safety 
26 Act. 
 
 
HB4314- 10 -LRB100 15650 RLC 30751 b


1  (q) Information prohibited from being disclosed by the 
2 Personnel Records Review Act. 
3  (r) Information prohibited from being disclosed by the 
4 Illinois School Student Records Act. 
5  (s) Information the disclosure of which is restricted 
6 under Section 5-108 of the Public Utilities Act. 

7  (t) All identified or deidentified health information 
8 in the form of health data or medical records contained in, 
9 stored in, submitted to, transferred by, or released from 
10 the Illinois Health Information Exchange, and identified 
11 or deidentified health information in the form of health 
12 data and medical records of the Illinois Health Information 
13 Exchange in the possession of the Illinois Health 
14 Information Exchange Authority due to its administration 
15 of the Illinois Health Information Exchange. The terms 
16 "identified" and "deidentified" shall be given the same 
17 meaning as in the Health Insurance Portability and 
18 Accountability Act of 1996, Public Law 104-191, or any 
19 subsequent amendments thereto, and any regulations 
20 promulgated thereunder. 
21  (u) Records and information provided to an independent 
22 team of experts under Brian's Law. 
23  (v) Names and information of people who have applied 
24 for or received Firearm Owner's Identification Cards under 
25 the Firearm Owners Identification Card Act before the 
26 effective date of this amendatory Act of the 100th General 
 
 
HB4314- 11 -LRB100 15650 RLC 30751 b


1 Assembly or applied for or received a concealed carry 
2 license under the Firearm Concealed Carry Act, unless 
3 otherwise authorized by the Firearm Concealed Carry Act; 
4 and databases under the Firearm Concealed Carry Act, 
5 records of the Concealed Carry Licensing Review Board under 
6 the Firearm Concealed Carry Act, and law enforcement agency 
7 objections under the Firearm Concealed Carry Act. 
8  (w) Personally identifiable information which is 
9 exempted from disclosure under subsection (g) of Section 
10 19.1 of the Toll Highway Act.
11  (x) Information which is exempted from disclosure 
12 under Section 5-1014.3 of the Counties Code or Section 
13 8-11-21 of the Illinois Municipal Code. 
14  (y) Confidential information under the Adult 
15 Protective Services Act and its predecessor enabling 
16 statute, the Elder Abuse and Neglect Act, including 
17 information about the identity and administrative finding 
18 against any caregiver of a verified and substantiated 
19 decision of abuse, neglect, or financial exploitation of an 
20 eligible adult maintained in the Registry established 
21 under Section 7.5 of the Adult Protective Services Act. 
22  (z) Records and information provided to a fatality 
23 review team or the Illinois Fatality Review Team Advisory 
24 Council under Section 15 of the Adult Protective Services 
25 Act. 
26  (aa) Information which is exempted from disclosure 
 
 
HB4314- 12 -LRB100 15650 RLC 30751 b


1 under Section 2.37 of the Wildlife Code. 
2  (bb) Information which is or was prohibited from 
3 disclosure by the Juvenile Court Act of 1987. 
4  (cc) Recordings made under the Law Enforcement 
5 Officer-Worn Body Camera Act, except to the extent 
6 authorized under that Act.
7  (dd) Information that is prohibited from being 
8 disclosed under Section 45 of the Condominium and Common 
9 Interest Community Ombudsperson Act. 
10  (ee) Information that is exempted from disclosure 
11 under Section 30.1 of the Pharmacy Practice Act. 
12  (ff) Information that is exempted from disclosure 
13 under the Revised Uniform Unclaimed Property Act. 
14  (gg) (ff) Information that is prohibited from being 
15 disclosed under Section 7-603.5 of the Illinois Vehicle 
16 Code. 
17  (hh) (ff) Records that are exempt from disclosure under 
18 Section 1A-16.7 of the Election Code. 
19  (ii) (ff) Information which is exempted from 
20 disclosure under Section 2505-800 of the Department of 
21 Revenue Law of the Civil Administrative Code of Illinois. 
22  (jj) (ff) Information and reports that are required to 
23 be submitted to the Department of Labor by registering day 
24 and temporary labor service agencies but are exempt from 
25 disclosure under subsection (a-1) of Section 45 of the Day 
26 and Temporary Labor Services Act. 
 
 
HB4314- 13 -LRB100 15650 RLC 30751 b


1(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
2eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
399-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
4100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
58-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised 
611-2-17.)

7 (Text of Section after amendment by P.A. 100-512)
8 Sec. 7.5. Statutory exemptions. To the extent provided for 
9by the statutes referenced below, the following shall be exempt 
10from inspection and copying:
11  (a) All information determined to be confidential 
12 under Section 4002 of the Technology Advancement and 
13 Development Act.
14  (b) Library circulation and order records identifying 
15 library users with specific materials under the Library 
16 Records Confidentiality Act.
17  (c) Applications, related documents, and medical 
18 records received by the Experimental Organ Transplantation 
19 Procedures Board and any and all documents or other records 
20 prepared by the Experimental Organ Transplantation 
21 Procedures Board or its staff relating to applications it 
22 has received.
23  (d) Information and records held by the Department of 
24 Public Health and its authorized representatives relating 
25 to known or suspected cases of sexually transmissible 
 
 
HB4314- 14 -LRB100 15650 RLC 30751 b


1 disease or any information the disclosure of which is 
2 restricted under the Illinois Sexually Transmissible 
3 Disease Control Act.
4  (e) Information the disclosure of which is exempted 
5 under Section 30 of the Radon Industry Licensing Act.
6  (f) Firm performance evaluations under Section 55 of 
7 the Architectural, Engineering, and Land Surveying 
8 Qualifications Based Selection Act.
9  (g) Information the disclosure of which is restricted 
10 and exempted under Section 50 of the Illinois Prepaid 
11 Tuition Act.
12  (h) Information the disclosure of which is exempted 
13 under the State Officials and Employees Ethics Act, and 
14 records of any lawfully created State or local inspector 
15 general's office that would be exempt if created or 
16 obtained by an Executive Inspector General's office under 
17 that Act.
18  (i) Information contained in a local emergency energy 
19 plan submitted to a municipality in accordance with a local 
20 emergency energy plan ordinance that is adopted under 
21 Section 11-21.5-5 of the Illinois Municipal Code.
22  (j) Information and data concerning the distribution 
23 of surcharge moneys collected and remitted by carriers 
24 under the Emergency Telephone System Act.
25  (k) Law enforcement officer identification information 
26 or driver identification information compiled by a law 
 
 
HB4314- 15 -LRB100 15650 RLC 30751 b


1 enforcement agency or the Department of Transportation 
2 under Section 11-212 of the Illinois Vehicle Code.
3  (l) Records and information provided to a residential 
4 health care facility resident sexual assault and death 
5 review team or the Executive Council under the Abuse 
6 Prevention Review Team Act.
7  (m) Information provided to the predatory lending 
8 database created pursuant to Article 3 of the Residential 
9 Real Property Disclosure Act, except to the extent 
10 authorized under that Article.
11  (n) Defense budgets and petitions for certification of 
12 compensation and expenses for court appointed trial 
13 counsel as provided under Sections 10 and 15 of the Capital 
14 Crimes Litigation Act. This subsection (n) shall apply 
15 until the conclusion of the trial of the case, even if the 
16 prosecution chooses not to pursue the death penalty prior 
17 to trial or sentencing.
18  (o) Information that is prohibited from being 
19 disclosed under Section 4 of the Illinois Health and 
20 Hazardous Substances Registry Act.
21  (p) Security portions of system safety program plans, 
22 investigation reports, surveys, schedules, lists, data, or 
23 information compiled, collected, or prepared by or for the 
24 Regional Transportation Authority under Section 2.11 of 
25 the Regional Transportation Authority Act or the St. Clair 
26 County Transit District under the Bi-State Transit Safety 
 
 
HB4314- 16 -LRB100 15650 RLC 30751 b


1 Act. 
2  (q) Information prohibited from being disclosed by the 
3 Personnel Records Review Act. 
4  (r) Information prohibited from being disclosed by the 
5 Illinois School Student Records Act. 
6  (s) Information the disclosure of which is restricted 
7 under Section 5-108 of the Public Utilities Act. 

8  (t) All identified or deidentified health information 
9 in the form of health data or medical records contained in, 
10 stored in, submitted to, transferred by, or released from 
11 the Illinois Health Information Exchange, and identified 
12 or deidentified health information in the form of health 
13 data and medical records of the Illinois Health Information 
14 Exchange in the possession of the Illinois Health 
15 Information Exchange Authority due to its administration 
16 of the Illinois Health Information Exchange. The terms 
17 "identified" and "deidentified" shall be given the same 
18 meaning as in the Health Insurance Portability and 
19 Accountability Act of 1996, Public Law 104-191, or any 
20 subsequent amendments thereto, and any regulations 
21 promulgated thereunder. 
22  (u) Records and information provided to an independent 
23 team of experts under Brian's Law. 
24  (v) Names and information of people who have applied 
25 for or received Firearm Owner's Identification Cards under 
26 the Firearm Owners Identification Card Act before the 
 
 
HB4314- 17 -LRB100 15650 RLC 30751 b


1 effective date of this amendatory Act of the 100th General 
2 Assembly or applied for or received a concealed carry 
3 license under the Firearm Concealed Carry Act, unless 
4 otherwise authorized by the Firearm Concealed Carry Act; 
5 and databases under the Firearm Concealed Carry Act, 
6 records of the Concealed Carry Licensing Review Board under 
7 the Firearm Concealed Carry Act, and law enforcement agency 
8 objections under the Firearm Concealed Carry Act. 
9  (w) Personally identifiable information which is 
10 exempted from disclosure under subsection (g) of Section 
11 19.1 of the Toll Highway Act.
12  (x) Information which is exempted from disclosure 
13 under Section 5-1014.3 of the Counties Code or Section 
14 8-11-21 of the Illinois Municipal Code. 
15  (y) Confidential information under the Adult 
16 Protective Services Act and its predecessor enabling 
17 statute, the Elder Abuse and Neglect Act, including 
18 information about the identity and administrative finding 
19 against any caregiver of a verified and substantiated 
20 decision of abuse, neglect, or financial exploitation of an 
21 eligible adult maintained in the Registry established 
22 under Section 7.5 of the Adult Protective Services Act. 
23  (z) Records and information provided to a fatality 
24 review team or the Illinois Fatality Review Team Advisory 
25 Council under Section 15 of the Adult Protective Services 
26 Act. 
 
 
HB4314- 18 -LRB100 15650 RLC 30751 b


1  (aa) Information which is exempted from disclosure 
2 under Section 2.37 of the Wildlife Code. 
3  (bb) Information which is or was prohibited from 
4 disclosure by the Juvenile Court Act of 1987. 
5  (cc) Recordings made under the Law Enforcement 
6 Officer-Worn Body Camera Act, except to the extent 
7 authorized under that Act.
8  (dd) Information that is prohibited from being 
9 disclosed under Section 45 of the Condominium and Common 
10 Interest Community Ombudsperson Act. 
11  (ee) Information that is exempted from disclosure 
12 under Section 30.1 of the Pharmacy Practice Act. 
13  (ff) Information that is exempted from disclosure 
14 under the Revised Uniform Unclaimed Property Act. 
15  (gg) (ff) Information that is prohibited from being 
16 disclosed under Section 7-603.5 of the Illinois Vehicle 
17 Code. 
18  (hh) (ff) Records that are exempt from disclosure under 
19 Section 1A-16.7 of the Election Code. 
20  (ii) (ff) Information which is exempted from disclosure 
21 under Section 2505-800 of the Department of Revenue Law of 
22 the Civil Administrative Code of Illinois. 
23  (jj) (ff) Information and reports that are required to 
24 be submitted to the Department of Labor by registering day 
25 and temporary labor service agencies but are exempt from 
26 disclosure under subsection (a-1) of Section 45 of the Day 
 
 
HB4314- 19 -LRB100 15650 RLC 30751 b


1 and Temporary Labor Services Act. 
2  (kk) (ff) Information prohibited from disclosure under 
3 the Seizure and Forfeiture Reporting Act. 
4(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
5eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
699-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
7100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
88-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
9eff. 6-1-18; revised 11-2-17.)

10 Section 10. The Department of State Police Law of the
Civil 
11Administrative Code of Illinois is amended by changing Sections 
122605-45, 2605-300, and 2605-595 as follows:




13 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)



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

15Administration shall exercise the
following functions:


16  (1) Exercise the rights, powers, and duties vested in 
17 the
Department
by the
Governor's Office of Management and 
18 Budget Act.


19  (2) Pursue research and the publication of studies 
20 pertaining
to local
law enforcement activities.


21  (3) Exercise the rights, powers, and duties vested in 
22 the
Department
by the Personnel Code.


23  (4) Operate an electronic data processing and computer 
24 center
for the
storage and retrieval of data pertaining to 
 
 
HB4314- 20 -LRB100 15650 RLC 30751 b


1 criminal activity.


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

3 the former Division of
State Troopers by Section 17 of the 
4 State Police
Act.


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

6 the Department
by "An Act relating to internal auditing in 
7 State government", approved
August 11, 1967 (repealed; now 
8 the Fiscal Control and Internal Auditing Act,
30 ILCS 10/).


9  (6.5) (Blank). Exercise the rights, powers, and duties 
10 vested in the Department
by the Firearm Owners 
11 Identification Card Act.


12  (7) Exercise other duties that may be assigned
by the 
13 Director to
fulfill the responsibilities and achieve the 
14 purposes of the Department.

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





16 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)



17 Sec. 2605-300. Records; crime laboratories; personnel. To 
18do
the
following:

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

20 statistics for the State.

21  (2) Be a central repository for criminal history
record 
22 information.

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

24 necessary and helpful to plan programs of crime prevention, 
25 law
enforcement,
and criminal justice.

 
 
HB4314- 21 -LRB100 15650 RLC 30751 b


1  (4) Procure and file for record copies of
fingerprints 
2 that may be required by law.

3  (5) Establish general and field
crime laboratories.

4  (6) Register and file for record information that
may 
5 be required by law for the issuance of firearm owner's 
6 identification
cards under the Firearm Owners 
7 Identification Card Act and concealed carry licenses under 
8 the Firearm Concealed Carry Act.

9  (7) Employ laboratory technicians
and
other
specially 
10 qualified persons to aid in the identification of criminal

11 activity, and may employ polygraph operators.

12  (8) Undertake other identification, information,

13 laboratory, statistical, or registration activities that 
14 may be
required by law.

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


16 (20 ILCS 2605/2605-595)
17 Sec. 2605-595. State Police Firearm Services Fund.
18 (a) There is created in the State treasury a special fund 
19known as the State Police Firearm Services Fund. The Fund shall 
20receive revenue under the Firearm Concealed Carry Act and 
21Section 5 of the Firearm Owners Identification Card Act. The 
22Fund may also receive revenue from grants, pass-through grants, 
23donations, appropriations, and any other legal source.
24 (b) The Department of State Police may use moneys in the 
25Fund to finance any of its lawful purposes, mandates, 
 
 
HB4314- 22 -LRB100 15650 RLC 30751 b


1functions, and duties under the Firearm Owners Identification 
2Card Act and the Firearm Concealed Carry Act, including the 
3cost of sending notices of expiration of Firearm Owner's 
4Identification Cards, concealed carry licenses, the prompt and 
5efficient processing of applications under the Firearm Owners 
6Identification Card Act and the Firearm Concealed Carry Act, 
7the improved efficiency and reporting of the LEADS and federal 
8NICS law enforcement data systems, and support for 
9investigations required under that Act these Acts and law. Any 
10surplus funds beyond what is needed to comply with the 
11aforementioned purposes shall be used by the Department to 
12improve the Law Enforcement Agencies Data System (LEADS) and 
13criminal history background check system. 
14 (c) Investment income that is attributable to the 
15investment of moneys in the Fund shall be retained in the Fund 
16for the uses specified in this Section. 

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



18 (20 ILCS 2605/2605-120 rep.)


19 Section 15. The Department of State Police Law of the
Civil 
20Administrative Code of Illinois is amended by repealing Section 
212605-120.

22 Section 20. The Criminal Identification Act is amended by 
23changing Section 2.2 as follows:

 
 
HB4314- 23 -LRB100 15650 RLC 30751 b


1 (20 ILCS 2630/2.2)
2 Sec. 2.2. Notification to the Department. Upon judgment of 
3conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 
412-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal 
5Code of 2012 when the
defendant has been determined, pursuant 
6to Section 112A-11.1 of the Code of Criminal Procedure of 1963,

7to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the 
8circuit court clerk shall
include notification and a copy of 
9the written determination in a report
of the conviction to the 
10Department of State Police Firearm Owner's Identification Card 
11Office to
enable the Department office to perform its duties 
12under the Firearm Concealed Carry Act and Sections 4 and 8 of 
13the Firearm Owners Identification Card Act and to report that 
14determination to the Federal Bureau
of Investigation to assist 
15the Federal Bureau of Investigation in identifying persons 
16prohibited
from purchasing and possessing a firearm pursuant to 
17the provisions of
18 U.S.C. 922. The written determination 
18described in this Section shall be included in the defendant's 
19record of arrest and conviction in the manner and form 
20prescribed by the Department of State Police. 

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

22 Section 25. The State Finance Act is amended by changing 
23Section 6z-99 as follows:

24 (30 ILCS 105/6z-99)
 
 
HB4314- 24 -LRB100 15650 RLC 30751 b


1 Sec. 6z-99. The Mental Health Reporting Fund.
2 (a) There is created in the State treasury a special fund 
3known as the Mental Health Reporting Fund. The Fund shall 
4receive revenue under the Firearm Concealed Carry Act. The Fund 
5may also receive revenue from grants, pass-through grants, 
6donations, appropriations, and any other legal source.
7 (b) The Department of State Police and Department of Human 
8Services shall coordinate to use moneys in the Fund to finance 
9their respective duties of collecting and reporting data on 
10mental health records and ensuring that mental health firearm 
11possession prohibitors are enforced as set forth under the 
12Firearm Concealed Carry Act and the Firearm Owners 
13Identification Card Act. Any surplus in the Fund beyond what is 
14necessary to ensure compliance with mental health reporting 
15under that Act these Acts shall be used by the Department of 
16Human Services for mental health treatment programs.
17 (c) Investment income that is attributable to the 
18investment of moneys in the Fund shall be retained in the Fund 
19for the uses specified in this Section.

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

21 Section 30. The Peace Officer Firearm Training Act is 
22amended by changing Section 1 as follows:



23 (50 ILCS 710/1) (from Ch. 85, par. 515)



24 Sec. 1. Definitions. As used in this Act: 
 
 
HB4314- 25 -LRB100 15650 RLC 30751 b


1 (a) "Peace officer"
means (i) any person who by virtue of 
2his office or public employment is
vested by law with a primary 
3duty to maintain public order or to make
arrests for offenses, 
4whether that duty extends to all offenses or is
limited to 
5specific offenses, and who is employed in such capacity by any

6county or municipality or (ii) any retired law enforcement 
7officers qualified under federal law to carry a concealed 
8weapon. 
9 (a-5) "Probation officer" means a county probation officer 
10authorized by the Chief Judge of the Circuit Court to carry a 
11firearm as part of his or her duties under Section 12 of the 
12Probation and Probation Officers Act and Section 24-2 of the 
13Criminal Code of 2012. 
14 (b)
"Firearms" means any weapon or device defined as a 
15firearm in Section
2-7.5 of the Criminal Code of 2012 1.1 of 
16"An Act relating to the acquisition, possession and transfer of

17firearms and firearm ammunition, to provide a penalty for the 
18violation
thereof and to make an appropriation in connection 
19therewith", approved
August 3, 1967, as amended.

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



21 Section 35. The School Code is amended by changing Sections 
2210-22.6, 10-27.1A and 34-8.05 as follows:



23 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)



24 Sec. 10-22.6. Suspension or expulsion of pupils; school 
 
 
HB4314- 26 -LRB100 15650 RLC 30751 b


1searches. 

2 (a) To expel pupils guilty of gross disobedience or 
3misconduct, including gross disobedience or misconduct 
4perpetuated by electronic means, pursuant to subsection (b-20) 
5of this Section, and
no action shall lie against them for such 
6expulsion. Expulsion shall
take place only after the parents 
7have been requested to appear at a
meeting of the board, or 
8with a hearing officer appointed by it, to
discuss their 
9child's behavior. Such request shall be made by registered
or 
10certified mail and shall state the time, place and purpose of 
11the
meeting. The board, or a hearing officer appointed by it, 
12at such
meeting shall state the reasons for dismissal and the 
13date on which the
expulsion is to become effective. If a 
14hearing officer is appointed by
the board, he shall report to 
15the board a written summary of the evidence
heard at the 
16meeting and the board may take such action thereon as it
finds 
17appropriate. If the board acts to expel a pupil, the written 
18expulsion decision shall detail the specific reasons why 
19removing the pupil from the learning environment is in the best 
20interest of the school. The expulsion decision shall also 
21include a rationale as to the specific duration of the 
22expulsion. An expelled pupil may be immediately transferred to 
23an alternative program in the manner provided in Article 13A or 
2413B of this Code. A pupil must not be denied transfer because 
25of the expulsion, except in cases in which such transfer is 
26deemed to cause a threat to the safety of students or staff in 
 
 
HB4314- 27 -LRB100 15650 RLC 30751 b


1the alternative program.

2 (b) To suspend or by policy to authorize the superintendent 
3of
the district or the principal, assistant principal, or dean 
4of students
of any school to suspend pupils guilty of gross 
5disobedience or misconduct, or
to suspend pupils guilty of 
6gross disobedience or misconduct on the school bus
from riding 
7the school bus, pursuant to subsections (b-15) and (b-20) of 
8this Section, and no action
shall lie against them for such 
9suspension. The board may by policy
authorize the 
10superintendent of the district or the principal, assistant

11principal, or dean of students of any
school to suspend pupils 
12guilty of such acts for a period not to exceed
10 school days. 
13If a pupil is suspended due to gross disobedience or misconduct

14on a school bus, the board may suspend the pupil in excess of 
1510
school
days for safety reasons. 
16 Any suspension shall be reported immediately to the
parents 
17or guardian of a pupil along with a full statement of the

18reasons for such suspension and a notice of their right to a 
19review. The school board must be given a summary of the notice, 
20including the reason for the suspension and the suspension 
21length. Upon request of the
parents or guardian the school 
22board or a hearing officer appointed by
it shall review such 
23action of the superintendent or principal, assistant

24principal, or dean of students. At such
review the parents or 
25guardian of the pupil may appear and discuss the
suspension 
26with the board or its hearing officer. If a hearing officer
is 
 
 
HB4314- 28 -LRB100 15650 RLC 30751 b


1appointed by the board he shall report to the board a written 
2summary
of the evidence heard at the meeting. After its hearing 
3or upon receipt
of the written report of its hearing officer, 
4the board may take such
action as it finds appropriate. If a 
5student is suspended pursuant to this subsection (b), the board 
6shall, in the written suspension decision, detail the specific 
7act of gross disobedience or misconduct resulting in the 
8decision to suspend. The suspension decision shall also include 
9a rationale as to the specific duration of the suspension. A 
10pupil who is suspended in excess of 20 school days may be 
11immediately transferred to an alternative program in the manner 
12provided in Article 13A or 13B of this Code. A pupil must not 
13be denied transfer because of the suspension, except in cases 
14in which such transfer is deemed to cause a threat to the 
15safety of students or staff in the alternative program.

16 (b-5) Among the many possible disciplinary interventions 
17and consequences available to school officials, school 
18exclusions, such as out-of-school suspensions and expulsions, 
19are the most serious. School officials shall limit the number 
20and duration of expulsions and suspensions to the greatest 
21extent practicable, and it is recommended that they use them 
22only for legitimate educational purposes. To ensure that 
23students are not excluded from school unnecessarily, it is 
24recommended that school officials consider forms of 
25non-exclusionary discipline prior to using out-of-school 
26suspensions or expulsions.
 
 
HB4314- 29 -LRB100 15650 RLC 30751 b


1 (b-10) Unless otherwise required by federal law or this 
2Code, school boards may not institute zero-tolerance policies 
3by which school administrators are required to suspend or expel 
4students for particular behaviors.
5 (b-15) Out-of-school suspensions of 3 days or less may be 
6used only if the student's continuing presence in school would 
7pose a threat to school safety or a disruption to other 
8students' learning opportunities. For purposes of this 
9subsection (b-15), "threat to school safety or a disruption to 
10other students' learning opportunities" shall be determined on 
11a case-by-case basis by the school board or its designee. 
12School officials shall make all reasonable efforts to resolve 
13such threats, address such disruptions, and minimize the length 
14of suspensions to the greatest extent practicable.
15 (b-20) Unless otherwise required by this Code, 
16out-of-school suspensions of longer than 3 days, expulsions, 
17and disciplinary removals to alternative schools may be used 
18only if other appropriate and available behavioral and 
19disciplinary interventions have been exhausted and the 
20student's continuing presence in school would either (i) pose a

21threat to the safety of other students, staff, or members of

22the school community or (ii) substantially disrupt, impede, or

23interfere with the operation of the school. For purposes of 
24this subsection (b-20), "threat to the safety of other 
25students, staff, or members of the school community" and 
26"substantially disrupt, impede, or interfere with the 
 
 
HB4314- 30 -LRB100 15650 RLC 30751 b


1operation of the school" shall be determined on a case-by-case 
2basis by school officials. For purposes of this subsection 
3(b-20), the determination of whether "appropriate and 
4available behavioral and disciplinary interventions have been 
5exhausted" shall be made by school officials. School officials 
6shall make all reasonable efforts to resolve such threats, 
7address such disruptions, and minimize the length of student 
8exclusions to the greatest extent practicable. Within the 
9suspension decision described in subsection (b) of this Section 
10or the expulsion decision described in subsection (a) of this 
11Section, it shall be documented whether other interventions 
12were attempted or whether it was determined that there were no 
13other appropriate and available interventions.
14 (b-25) Students who are suspended out-of-school for longer 
15than 4 school days shall be provided appropriate and available 
16support services during the period of their suspension. For 
17purposes of this subsection (b-25), "appropriate and available 
18support services" shall be determined by school authorities. 
19Within the suspension decision described in subsection (b) of 
20this Section, it shall be documented whether such services are 
21to be provided or whether it was determined that there are no 
22such appropriate and available services.
23 A school district may refer students who are expelled to 
24appropriate and available support services.
25 A school district shall create a policy to facilitate the 
26re-engagement of students who are suspended out-of-school, 
 
 
HB4314- 31 -LRB100 15650 RLC 30751 b


1expelled, or returning from an alternative school setting.
2 (b-30) A school district shall create a policy by which 
3suspended pupils, including those pupils suspended from the 
4school bus who do not have alternate transportation to school, 
5shall have the opportunity to make up work for equivalent 
6academic credit. It shall be the responsibility of a pupil's 
7parent or guardian to notify school officials that a pupil 
8suspended from the school bus does not have alternate 
9transportation to school. 
10 (c) The Department of Human Services
shall be invited to 
11send a representative to consult with the board at
such meeting 
12whenever there is evidence that mental illness may be the
cause 
13for expulsion or suspension.

14 (c-5) School districts shall make reasonable efforts to 
15provide ongoing professional development to teachers, 
16administrators, school board members, school resource 
17officers, and staff on the adverse consequences of school 
18exclusion and justice-system involvement, effective classroom 
19management strategies, culturally responsive discipline, and 
20developmentally appropriate disciplinary methods that promote 
21positive and healthy school climates. 
22 (d) The board may expel a student for a definite period of 
23time not to
exceed 2 calendar years, as determined on a 
24case-by-case case by case basis.
A student who
is determined to 
25have brought one of the following objects to school, any 
26school-sponsored activity
or event, or any activity or event 
 
 
HB4314- 32 -LRB100 15650 RLC 30751 b


1that bears a reasonable relationship to school shall be 
2expelled for a period of not less than
one year:
3  (1) A firearm. For the purposes of this Section, 
4 "firearm" means any gun, rifle, shotgun, weapon as defined 
5 by Section 921 of Title 18 of the United States Code, or 
6 firearm as defined in Section 2-7.5 1.1 of the Firearm 
7 Owners Identification Card Act, or firearm as defined in 
8 Section 24-1 of the Criminal Code of 2012. The expulsion 
9 period under this subdivision (1) may be modified by the 
10 superintendent, and the superintendent's determination may 
11 be modified by the board on a case-by-case basis.
12  (2) A knife, brass knuckles or other knuckle weapon 
13 regardless of its composition, a billy club, or any other 
14 object if used or attempted to be used to cause bodily 
15 harm, including "look alikes" of any firearm as defined in 
16 subdivision (1) of this subsection (d). The expulsion 
17 requirement under this subdivision (2) may be modified by 
18 the superintendent, and the superintendent's determination 
19 may be modified by the board on a case-by-case basis. 
20Expulsion
or suspension
shall be construed in a
manner 
21consistent with the Federal Individuals with Disabilities 
22Education
Act. A student who is subject to suspension or 
23expulsion as provided in this
Section may be eligible for a 
24transfer to an alternative school program in
accordance with 
25Article 13A of the School Code.

26 (d-5) The board may suspend or by regulation
authorize the 
 
 
HB4314- 33 -LRB100 15650 RLC 30751 b


1superintendent of the district or the principal, assistant

2principal, or dean of students of any
school to suspend a 
3student for a period not to exceed
10 school days or may expel 
4a student for a definite period of time not to
exceed 2 
5calendar years, as determined on a case-by-case case by case 
6basis, if (i) that student has been determined to have made an 
7explicit threat on an Internet website against a school 
8employee, a student, or any school-related personnel, (ii) the 
9Internet website through which the threat was made is a site 
10that was accessible within the school at the time the threat 
11was made or was available to third parties who worked or 
12studied within the school grounds at the time the threat was 
13made, and (iii) the threat could be reasonably interpreted as 
14threatening to the safety and security of the threatened 
15individual because of his or her duties or employment status or 
16status as a student inside the school.

17 (e) To maintain order and security in the schools, school 
18authorities may
inspect and search places and areas such as 
19lockers, desks, parking lots, and
other school property and 
20equipment owned or controlled by the school, as well
as 
21personal effects left in those places and areas by students, 
22without notice
to or the consent of the student, and without a 
23search warrant. As a matter of
public policy, the General 
24Assembly finds that students have no reasonable
expectation of 
25privacy in these places and areas or in their personal effects

26left in these places and areas. School authorities may request 
 
 
HB4314- 34 -LRB100 15650 RLC 30751 b


1the assistance
of law enforcement officials for the purpose of 
2conducting inspections and
searches of lockers, desks, parking 
3lots, and other school property and
equipment owned or 
4controlled by the school for illegal drugs, weapons, or
other

5illegal or dangerous substances or materials, including 
6searches conducted
through the use of specially trained dogs. 
7If a search conducted in accordance
with this Section produces 
8evidence that the student has violated or is
violating either 
9the law, local ordinance, or the school's policies or rules,

10such evidence may be seized by school authorities, and 
11disciplinary action may
be taken. School authorities may also 
12turn over such evidence to law
enforcement authorities.

13 (f) Suspension or expulsion may include suspension or 
14expulsion from
school and all school activities and a 
15prohibition from being present on school
grounds.

16 (g) A school district may adopt a policy providing that if 
17a student
is suspended or expelled for any reason from any 
18public or private school
in this or any other state, the 
19student must complete the entire term of
the suspension or 
20expulsion in an alternative school program under Article 13A of 
21this Code or an alternative learning opportunities program 
22under Article 13B of this Code before being admitted into the 
23school
district if there is no threat to the safety of students 
24or staff in the alternative program.

25 (h) School officials shall not advise or encourage students 
26to drop out voluntarily due to behavioral or academic 
 
 
HB4314- 35 -LRB100 15650 RLC 30751 b


1difficulties.
2 (i) A student may not be issued a monetary fine or fee as a 
3disciplinary consequence, though this shall not preclude 
4requiring a student to provide restitution for lost, stolen, or 
5damaged property.
6 (j) Subsections (a) through (i) of this Section shall apply 
7to elementary and secondary schools, charter schools, special 
8charter districts, and school districts organized under 
9Article 34 of this Code. 
10 (k) The expulsion of children enrolled in programs funded 
11under Section 1C-2 of this Code is subject to the requirements 
12under paragraph (7) of subsection (a) of Section 2-3.71 of this 
13Code.
14(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18; 
15revised 9-22-17.)





16 (105 ILCS 5/10-27.1A)



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

18 (a) All school officials, including teachers, guidance 
19counselors, and
support staff, shall immediately notify the 
20office of the principal in the
event that they observe any 
21person in possession of a firearm on school
grounds; provided 
22that taking such immediate action to notify the office of the

23principal would not immediately endanger the health, safety, or 
24welfare of
students who are under the direct supervision of the 
25school official or the
school official. If the health, safety, 
 
 
HB4314- 36 -LRB100 15650 RLC 30751 b


1or welfare of students under the
direct supervision of the 
2school official or of the school official is
immediately 
3endangered, the school official shall notify the office of the

4principal as soon as the students under his or her supervision 
5and he or she
are no longer under immediate danger. A report is 
6not required by this Section
when the school official knows 
7that the person in possession of the firearm is
a law 
8enforcement official engaged in the conduct of his or her 
9official
duties. Any school official acting in good faith who 
10makes such a report under
this Section shall have immunity from 
11any civil or criminal liability that
might otherwise be 
12incurred as a result of making the report. The identity of
the 
13school official making such report shall not be disclosed 
14except as
expressly and specifically authorized by law. 
15Knowingly and willfully failing
to comply with this Section is 
16a petty offense. A second or subsequent offense
is a Class C 
17misdemeanor.

18 (b) Upon receiving a report from any school official 
19pursuant to this
Section, or from any other person, the 
20principal or his or her designee shall
immediately notify a 
21local law enforcement agency. If the person found to be
in 
22possession of a firearm on school grounds is a student, the 
23principal or
his or her designee shall also immediately notify 
24that student's parent or
guardian. Any principal or his or her 
25designee acting in good faith who makes
such reports under this 
26Section shall have immunity from any civil or criminal

 
 
HB4314- 37 -LRB100 15650 RLC 30751 b


1liability that might otherwise be incurred or imposed as a 
2result of making
the reports. Knowingly and willfully failing 
3to comply with this Section is a
petty offense. A second or 
4subsequent offense is a Class C misdemeanor. If
the person 
5found to be in possession of the firearm on school grounds is a

6minor, the law enforcement agency shall detain that minor until 
7such time as
the agency makes a determination pursuant to 
8clause (a) of subsection (1) of
Section 5-401 of the Juvenile 
9Court Act of 1987, as to whether the agency
reasonably believes 
10that the minor is delinquent. If the law enforcement
agency 
11determines that probable cause exists to believe that the minor

12committed a violation of item (4) of subsection (a) of Section 
1324-1 of the
Criminal Code of 2012 while on school grounds, the 
14agency shall detain the
minor for processing pursuant to 
15Section 5-407 of the Juvenile Court Act of
1987.

16 (c) On or after January 1, 1997, upon receipt of any 
17written,
electronic, or verbal report from any school personnel 
18regarding a verified
incident involving a firearm in a school 
19or on school owned or leased property,
including any conveyance 
20owned,
leased, or used by the school for the transport of 
21students or school
personnel, the superintendent or his or her 
22designee shall report all such
firearm-related incidents 
23occurring in a school or on school property to the
local law 
24enforcement authorities immediately and to the Department of 
25State
Police in a form, manner, and frequency as prescribed by 
26the Department of
State Police.

 
 
HB4314- 38 -LRB100 15650 RLC 30751 b


1 The State Board of Education shall receive an annual 
2statistical compilation
and related data associated with 
3incidents involving firearms in schools from
the Department of 
4State Police. The State Board of Education shall compile
this 
5information by school district and make it available to the 
6public.

7 (d) As used in this Section, the term "firearm" shall have 
8the meaning
ascribed to it in Section 2-7.5 of the Criminal 
9Code of 2012 1.1 of the Firearm Owners Identification Card Act.

10 As used in this Section, the term "school" means any public 
11or private
elementary or secondary school.

12 As used in this Section, the term "school grounds" includes 
13the real property
comprising any school, any conveyance owned, 
14leased, or contracted by a school
to transport students to or 
15from school or a school-related activity, or any
public way 
16within 1,000 feet of the real property comprising any school.

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





18 (105 ILCS 5/34-8.05)



19 Sec. 34-8.05. Reporting firearms in schools. On or after 
20January 1,
1997,
upon receipt of any written,
electronic, or 
21verbal report from any school personnel regarding a verified

22incident involving a firearm in a school or on school owned or 
23leased property,
including any conveyance owned,
leased, or 
24used by the school for the transport of students or school

25personnel, the general superintendent or his or her designee 
 
 
HB4314- 39 -LRB100 15650 RLC 30751 b


1shall report all
such
firearm-related incidents occurring in a 
2school or on school property to the
local law enforcement 
3authorities no later than 24 hours after the occurrence
of the 
4incident and to the Department of State Police in a form, 
5manner, and
frequency as prescribed by the Department of State 
6Police.

7 The State Board of Education shall receive an annual 
8statistical compilation
and related data associated with 
9incidents involving firearms in schools from
the Department of 
10State Police. As used in this Section, the term "firearm"
shall 
11have the meaning ascribed to it in Section 2-7.5 of the 
12Criminal Code of 2012
1.1 of the Firearm Owners
Identification 
13Card Act.

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


15 Section 40. The Illinois Explosives Act is amended by 
16changing Section 2005 as follows:




17 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)



18 Sec. 2005. Qualifications for licensure. 
19 (a) No person shall qualify to hold a license who:
20  (1) is under 21 years of age;
21  (2) has been convicted in any court of a crime 
22 punishable by imprisonment for a term exceeding one year;
23  (3) is under indictment for a crime punishable by 
24 imprisonment for a term exceeding one year;
 
 
HB4314- 40 -LRB100 15650 RLC 30751 b


1  (4) is a fugitive from justice;
2  (5) is an unlawful user of or addicted to any 
3 controlled substance as defined in Section 102 of the 
4 federal Controlled Substances Act (21 U.S.C. Sec. 802 et 
5 seq.);
6  (6) has been adjudicated a person with a mental 
7 disability as defined in Section 6-103.1 of the Mental 
8 Health and Developmental Disabilities Code 1.1 of the 
9 Firearm Owners Identification Card Act; or
10  (7) is not a legal citizen of the United States.
11 (b) A person who has been granted a "relief from 
12disabilities" regarding criminal convictions and indictments, 
13pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. 
14845) may receive a license provided all other qualifications 
15under this Act are met. 

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


17 Section 45. The Private Detective, Private Alarm, Private 
18Security, and
Locksmith Act of 2004 is amended by changing 
19Sections 35-30 and 35-35 as follows:



20 (225 ILCS 447/35-30)



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

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

23licensed agency, other than those exempted, shall apply for a

24permanent employee registration card. The holder of an agency

 
 
HB4314- 41 -LRB100 15650 RLC 30751 b


1license issued under this Act, known in this Section as

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

3employees under the following provisions:


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

5registration card who:

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

7  (2) Is younger than 21 years of age if the
services 
8 will include being armed.

9  (3) Has been determined by the Department to
be unfit 
10 by reason of conviction of an offense in this or
another 
11 state, including registration as a sex offender, but not 
12 including a traffic offense. Persons convicted of felonies 
13 involving bodily harm, weapons, violence, or theft within 
14 the previous 10 years shall be presumed to be unfit for 
15 registration. The Department
shall adopt rules for making 
16 those determinations that shall
afford the applicant due 
17 process of law.

18  (4) Has had a license or permanent employee

19 registration card denied, suspended, or revoked under this 
20 Act (i) within one
year before the date the
person's 
21 application for permanent employee registration card
is 
22 received by the Department; and (ii) that refusal, denial,

23 suspension, or revocation was based on any provision of 
24 this
Act other than Section 40-50,
item (6) or (8) of 
25 subsection (a) of Section 15-10, subsection (b) of Section

26 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
 
 
HB4314- 42 -LRB100 15650 RLC 30751 b


1 subsection (b) of
Section 20-10, item (6) or (8) of 
2 subsection (a) of Section 25-10, subsection
(b) of Section 
3 25-10, item (7) of subsection (a) of Section 30-10,

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

5  (5) Has been declared incompetent by any court
of 
6 competent jurisdiction by reason of mental disease or

7 defect and has not been restored.

8  (6) Has been dishonorably discharged from the
armed 
9 services of the United States.


10 (b) No person may be employed by a private
detective 
11agency, private security contractor agency, private
alarm 
12contractor agency, fingerprint vendor agency, or locksmith 
13agency under this
Section until he or she has executed and 
14furnished to the
employer, on forms furnished by the 
15Department, a verified
statement to be known as "Employee's 
16Statement" setting forth:

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

18  (2) The business or occupation engaged in for
the 5 
19 years immediately before the date of the execution of
the 
20 statement, the place where the business or occupation was

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

22  (3) That the person has not had a license or
employee 
23 registration denied, revoked, or suspended under this
Act 
24 (i) within one year before the date the person's 
25 application
for permanent employee registration card is 
26 received by the
Department; and (ii) that refusal, denial, 
 
 
HB4314- 43 -LRB100 15650 RLC 30751 b


1 suspension, or
revocation was based on any provision of 
2 this Act other than
Section 40-50,
item (6) or (8) of 
3 subsection (a) of Section 15-10, subsection (b) of Section

4 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
5 subsection (b) of
Section 20-10, item (6) or (8) of 
6 subsection (a) of Section 25-10, subsection
(b) of Section 
7 25-10, item (7) of subsection (a) of Section 30-10,

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

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

10  (5) Any declaration of incompetence by a court
of 
11 competent jurisdiction that has not been restored.

12  (6) Any dishonorable discharge from the armed
services 
13 of the United States.

14  (7) Any other information as may be required by
any 
15 rule of the Department to show the good character,

16 competency, and integrity of the person executing the

17 statement.

18 (c) Each applicant for a permanent employee registration

19card shall have his or her fingerprints submitted to the

20Department of State Police in an electronic format that

21complies with the form and manner for requesting and
furnishing 
22criminal history record information as prescribed
by the 
23Department of State Police. These fingerprints shall
be checked 
24against the Department of State Police and Federal
Bureau of 
25Investigation criminal history record databases now
and 
26hereafter filed. The Department of State Police shall
charge 
 
 
HB4314- 44 -LRB100 15650 RLC 30751 b


1applicants a fee for conducting the criminal history
records 
2check, which shall be deposited in the State Police
Services 
3Fund and shall not exceed the actual cost of the
records check. 
4The Department of State Police shall furnish,
pursuant to 
5positive identification, records of Illinois
convictions to 
6the Department. The Department may require
applicants to pay a 
7separate fingerprinting fee, either to the
Department or 
8directly to the vendor. The Department, in
its discretion, may 
9allow an applicant who does not have
reasonable access to a 
10designated vendor to provide his or her
fingerprints in an 
11alternative manner. The
Department, in its discretion, may also 
12use other
procedures in performing or obtaining criminal 
13background
checks of applicants. Instead of submitting his or 
14her
fingerprints, an individual may submit proof that is

15satisfactory to the Department that an equivalent security

16clearance has been conducted. Also, an individual who has

17retired as a peace officer within 12 months of application may

18submit verification, on forms provided by the Department and

19signed by his or her employer, of his or her previous full-time 
20employment as a
peace officer.

21 (d) The Department shall issue a permanent employee

22registration card, in a form the Department prescribes, to all

23qualified applicants.
The holder of a permanent employee 
24registration card shall
carry the card at all times while 
25actually engaged in the
performance of the duties of his or her 
26employment.
Expiration and requirements for renewal of 
 
 
HB4314- 45 -LRB100 15650 RLC 30751 b


1permanent employee
registration cards shall be established by 
2rule of the
Department. Possession of a permanent employee 
3registration
card does not in any way imply that the holder of 
4the card is
employed by an agency unless the permanent employee

5registration card is accompanied by the employee

6identification card required by subsection (f) of this
Section.

7 (e) Each employer shall maintain a record of each
employee 
8that is accessible to the duly authorized
representatives of 
9the Department. The record shall contain
the following 
10information:

11  (1) A photograph taken within 10 days of the date
that 
12 the employee begins employment with the employer. The

13 photograph shall be replaced with a current photograph 
14 every 3
calendar years.

15  (2) The Employee's Statement specified in
subsection 
16 (b) of this Section.

17  (3) All correspondence or documents relating to the

18 character and integrity of the employee received by the

19 employer from any official source or law enforcement 
20 agency.

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

22 identification card of that person issued under subsection 
23 (f)
of this Section. Each employee record shall duly note 
24 if the
employee is employed in an armed capacity. Armed 
25 employee
files shall contain a copy of an active firearm 
26 owner's
identification card and a copy of an active firearm

 
 
HB4314- 46 -LRB100 15650 RLC 30751 b


1 control card. Each employer shall maintain a record for

2 each armed employee of each instance in which the 
3 employee's
weapon was discharged during the course of his 
4 or her
professional duties or activities. The record shall 
5 be
maintained on forms provided by the Department, a copy 
6 of
which must be filed with the Department within 15 days 
7 of an
instance. The record shall include the date and time 
8 of the
occurrence, the circumstances involved in the 
9 occurrence, and
any other information as the Department may 
10 require. Failure
to provide this information to the 
11 Department or failure to
maintain the record as a part of 
12 each armed employee's
permanent file is grounds for 
13 disciplinary action. The
Department, upon receipt of a 
14 report, shall have the authority
to make any investigation 
15 it considers appropriate into any
occurrence in which an 
16 employee's weapon was discharged and to
take disciplinary 
17 action as may be appropriate.

18  (5) A copy of the employee's permanent employee 
19 registration card or a copy of the Department's "License 
20 Lookup" Webpage showing that the employee has been issued a 
21 valid permanent employee registration card by the 
22 Department. 

23 The Department may, by rule, prescribe further
record 
24requirements.

25 (f) Every employer shall furnish an employee

26identification card to each of his or her employees. This

 
 
HB4314- 47 -LRB100 15650 RLC 30751 b


1employee identification card shall contain a recent photograph

2of the employee, the employee's name, the name and agency

3license number of the employer, the employee's personal

4description, the signature of the employer, the signature of

5that employee, the date of issuance, and an employee

6identification card number.

7 (g) No employer may issue an employee identification
card 
8to any person who is not employed by the employer in
accordance 
9with this Section or falsely state or represent
that a person 
10is or has been in his or her employ. It is
unlawful for an 
11applicant for registered employment to file
with the Department 
12the fingerprints of a person other than
himself or herself.

13 (h) Every employer shall obtain the identification card
of 
14every employee who terminates employment with him or her.

15 (i) Every employer shall maintain a separate roster of
the 
16names of all employees currently working in an armed
capacity 
17and submit the roster to the Department on request.

18 (j) No agency may employ any person to perform a
licensed 
19activity under this Act unless the person possesses a
valid 
20permanent employee registration card or a valid license
under 
21this Act, or is exempt pursuant to subsection (n).

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

23agency may employ a person in a temporary capacity if all of

24the following conditions are met:

25  (1) The agency completes in its entirety and
submits to 
26 the Department an application for a permanent
employee 
 
 
HB4314- 48 -LRB100 15650 RLC 30751 b


1 registration card, including the required fingerprint

2 receipt and fees.

3  (2) The agency has verification from the Department

4 that the applicant has no record of any criminal conviction

5 pursuant to the criminal history check conducted by the

6 Department of State Police. The agency shall maintain the

7 verification of the results of the Department of State 
8 Police
criminal history check as part of the employee 
9 record as
required under subsection (e) of this Section.

10  (3) The agency exercises due diligence to ensure
that 
11 the person is qualified under the requirements of the Act

12 to be issued a permanent employee registration card.

13  (4) The agency maintains a separate roster of the
names 
14 of all employees whose applications are currently
pending 
15 with the Department and submits the roster to the

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

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

18 An agency may employ only a permanent employee applicant

19for which it either submitted a permanent employee application

20and all required forms and fees or it confirms with the

21Department that a permanent employee application and all

22required forms and fees have been submitted by another agency,

23licensee or the permanent employee and all other requirements

24of this Section are met.

25 The Department shall have the authority to revoke,
without 
26a hearing, the temporary authority of an individual to
work 
 
 
HB4314- 49 -LRB100 15650 RLC 30751 b


1upon receipt of Federal Bureau of Investigation
fingerprint 
2data or a report of another official authority
indicating a 
3criminal conviction. If the Department has not
received a 
4temporary employee's Federal Bureau of
Investigation 
5fingerprint data within 120 days of the date the
Department 
6received the Department of State Police fingerprint
data, the 
7Department may, at its discretion, revoke the
employee's 
8temporary authority to work with 15 days written
notice to the 
9individual and the employing agency.

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

11if it knows or reasonably should have known that the person
has 
12been convicted of a crime under the laws of this State,
has 
13been convicted in another state of any crime that is a
crime 
14under the laws of this State, has been convicted of any
crime 
15in a federal court, or has been posted as an unapproved

16applicant by the Department. Notice by the Department to the

17agency, via certified mail, personal delivery, electronic

18mail, or posting on the Department's Internet site accessible

19to the agency that the person has been convicted of a crime

20shall be deemed constructive knowledge of the conviction on
the 
21part of the agency. The Department may adopt rules to
implement 
22this
subsection (k).

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

24capacity if:

25  (1) the person, while so employed, is being paid by
the 
26 United States or any political subdivision for the time so

 
 
HB4314- 50 -LRB100 15650 RLC 30751 b


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

2 from the employer; or

3  (2) the person wears any portion of his or her
official 
4 uniform, emblem of authority, or equipment while so

5 employed.

6 (m) If information is discovered affecting the

7registration of a person whose fingerprints were submitted

8under this Section, the Department shall so notify the agency

9that submitted the fingerprints on behalf of that person.

10 (n) Peace officers shall be exempt from the requirements
of 
11this Section relating to permanent employee registration

12cards. The agency shall remain responsible for any peace

13officer employed under this exemption, regardless of whether

14the peace officer is compensated as an employee or as an

15independent contractor and as further defined by rule.

16 (o) Persons who have no access to confidential or
security 
17information, who do not go to a client's or prospective 
18client's residence or place of business, and who otherwise do 
19not provide
traditional security services are exempt from 
20employee
registration. Examples of exempt employees include, 
21but are
not limited to, employees working in the capacity of 
22ushers,
directors, ticket takers, cashiers, drivers, and 
23reception
personnel. Confidential or security information is 
24that which
pertains to employee files, scheduling, client 
25contracts, or
technical security and alarm data.

26 (p) An applicant who is 21 years of age or older seeking a 
 
 
HB4314- 51 -LRB100 15650 RLC 30751 b


1religious exemption to the photograph requirement of this 
2Section shall furnish with the application an approved copy of 
3United States Department of the Treasury Internal Revenue 
4Service Form 4029. Regardless of age, an applicant seeking a 
5religious exemption to this photograph requirement shall 
6submit fingerprints in a form and manner prescribed by the 
7Department with his or her application in lieu of a photograph. 
8(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)





9 (225 ILCS 447/35-35)



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

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

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

13carrying, or possession of a firearm in the performance of

14those duties without complying with the provisions of this

15Section and having been issued a valid firearm control
card by 
16the Department.

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

18duties for which licensure or employee registration is required 
19and allow
that person to carry a firearm unless that person has 
20complied
with all the firearm training requirements of this 
21Section and
has been issued a firearm control card. This Act

22permits only the following to carry firearms while actually

23engaged in the performance of their duties or while commuting

24directly to or from their places of employment: persons

25licensed as private detectives and their registered employees;

 
 
HB4314- 52 -LRB100 15650 RLC 30751 b


1persons licensed as private security contractors and their

2registered employees; persons licensed as private alarm

3contractors and their registered employees; and employees of a

4registered armed proprietary security force.

5 (c) Possession of a valid firearm control
card
allows a 
6licensee or employee to carry a firearm not otherwise 
7prohibited
by law while the licensee or employee is engaged in 
8the performance of his
or her duties or while the licensee or 
9employee is commuting directly to
or from the licensee's or 
10employee's place or places of employment.

11 (d) The Department shall issue a firearm control
card to a 
12person who has passed an approved firearm training
course, who 
13is currently licensed or employed by an agency licensed by
this 
14Act and has met all the requirements of this Act, and who is 
15not prohibited under State or federal law from possessing a 
16firearm
possesses a valid firearm owner identification card.

17Application for the firearm control card shall be made
by the 
18employer to the Department on forms provided by the
Department. 
19The Department shall forward the card to the
employer who shall 
20be responsible for its issuance to the licensee or
employee. 
21The firearm control card shall be issued by
the Department and 
22shall identify the person holding it and
the name of the course 
23where the licensee or employee received firearm
instruction and 
24shall specify the type of weapon or weapons
the person is 
25authorized by the Department to carry and for
which the person 
26has been trained.

 
 
HB4314- 53 -LRB100 15650 RLC 30751 b


1 (e) Expiration and requirements for renewal of firearm 
2control cards shall be determined by rule.

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

4disciplinary action permitted by this Act, refuse to issue,

5suspend, or revoke a firearm control card if the
applicant or 
6holder has been convicted of any felony or crime
involving the 
7illegal use, carrying, or possession of a deadly
weapon or for 
8a violation of this Act or rules adopted promulgated
under this 
9Act. The Department shall refuse to issue or shall
revoke a 
10firearm control card if the applicant or holder is prohibited 
11under State or federal law from possessing a firearm
fails to 
12possess a valid firearm owners identification card without 
13hearing.
The Secretary shall summarily suspend a firearm 
14control
card if the Secretary finds that its continued use 
15would
constitute an imminent danger to the public. A hearing 
16shall
be held before the Board within 30 days if the Secretary

17summarily suspends a firearm control card.

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

19contrary, all requirements relating to firearms control
cards 
20do not apply to a peace officer.

21 (h) The Department may issue a temporary firearm control 
22card pending issuance of a new firearm control card upon an 
23agency's acquiring of an established armed account. An agency 
24that has acquired armed employees as a result of acquiring an 
25established armed account may, on forms supplied by the 
26Department, request the issuance of a temporary firearm control 
 
 
HB4314- 54 -LRB100 15650 RLC 30751 b


1card for each acquired employee who held a valid firearm 
2control card under his or her employment with the newly 
3acquired established armed account immediately preceding the 
4acquiring of the account and who continues to meet all of the 
5qualifications for issuance of a firearm control card set forth 
6in this Act and any rules adopted under this Act. The 
7Department shall, by rule, set the fee for issuance of a 
8temporary firearm control card.

9 (i) The Department shall not issue a firearm control card 
10to a licensed fingerprint vendor or a licensed locksmith or 
11employees of a licensed fingerprint vendor agency or a licensed 
12locksmith agency.

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


14 Section 50. The Mental Health and Developmental 
15Disabilities Code is amended by changing Sections 6-103.1, 
166-103.2, and 6-103.3 as follows:

17 (405 ILCS 5/6-103.1)
18 Sec. 6-103.1. Adjudication as a person with a mental 
19disability. When a person has been adjudicated as a person with 
20a mental disability as defined in Section 1.1 of the Firearm 
21Owners Identification Card Act, including, but not limited to, 
22an adjudication as a person with a disability as defined in 
23Section 11a-2 of the Probate Act of 1975, the court shall 
24direct
the circuit court clerk to notify the
Department of 
 
 
HB4314- 55 -LRB100 15650 RLC 30751 b


1State Police, Firearm Owner's Identification
(FOID) Office, in 
2a form and manner prescribed by the Department of State Police, 
3and shall forward a copy of the court order to the Department 
4no later than 7 days after the entry of the order. Upon receipt 
5of the order, the Department of State Police shall provide 
6notification to the National Instant Criminal Background Check 
7System. For purposes of this Section, "has been adjudicated as 
8a mentally disabled person" means the person is the subject of 
9a determination by a court, board, commission, or other lawful 
10authority that the person, as a result of marked subnormal 
11intelligence, or mental illness, mental impairment, 
12incompetency, condition, or disease:

13  (1) presents a clear and present danger to himself, 
14 herself, or to others; 

15  (2) lacks the mental capacity to manage his or her own 
16 affairs or is adjudicated a disabled person as defined in 
17 Section 11a-2 of the Probate Act of 1975;
18  (3) is not guilty in a criminal case by reason of 
19 insanity, mental disease or defect;
20  (3.5) is guilty but mentally ill, as provided in 
21 Section 5-2-6 of the Unified Code of Corrections; 
22  (4) is incompetent to stand trial in a criminal case;
23  (5) is not guilty by reason of lack of mental 
24 responsibility under Articles 50a and 72b of the Uniform 
25 Code of Military Justice, 10 U.S.C. 850a, 876b;
26  (6) is a sexually violent person under subsection (f) 
 
 
HB4314- 56 -LRB100 15650 RLC 30751 b


1 of Section 5 of the Sexually Violent Persons Commitment 
2 Act;
3  (7) is a sexually dangerous person under the Sexually 
4 Dangerous Persons Act;
5  (8) is unfit to stand trial under the Juvenile Court 
6 Act of 1987;
7  (9) is not guilty by reason of insanity under the

8 Juvenile Court Act of 1987;
9  (10) is subject to involuntary admission as an

10 inpatient as defined in Section 1-119 of the Mental Health 
11 and Developmental Disabilities Code;
12  (11) is subject to involuntary admission as an

13 outpatient as defined in Section 1-119.1 of the Mental 
14 Health and Developmental Disabilities Code;
15  (12) is subject to judicial admission as set forth in

16 Section 4-500 of the Mental Health and Developmental 
17 Disabilities Code; or
18  (13) is subject to the provisions of the Interstate

19 Agreements on Sexually Dangerous Persons Act. 
20(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)

21 (405 ILCS 5/6-103.2)
22 Sec. 6-103.2. Developmental disability; notice. If a 
23person 14 years old or older is determined to be a person with 
24a developmental disability by a physician, clinical 
25psychologist, or qualified examiner, the physician, clinical 
 
 
HB4314- 57 -LRB100 15650 RLC 30751 b


1psychologist, or qualified examiner shall notify the 
2Department of Human Services within 7 days of making the 
3determination that the person has a developmental disability. 
4The Department of Human Services shall immediately update its 
5records and information relating to mental health and 
6developmental disabilities, and if appropriate, shall notify 
7the Department of State Police in a form and manner prescribed 
8by the Department of State Police. Information disclosed under 
9this Section shall remain privileged and confidential, and 
10shall not be redisclosed, except as required under clause 
11(e)(2) of Section 24-4.5 of the Criminal Code of 2012 
12subsection (e) of Section 3.1 of the Firearm Owners 
13Identification Card Act, nor used for any other purpose. The 
14method of providing this information shall guarantee that the 
15information is not released beyond that which is necessary for 
16the purpose of this Section and shall be provided by rule by 
17the Department of Human Services. The identity of the person 
18reporting under this Section shall not be disclosed to the 
19subject of the report.
20 The physician, clinical psychologist, or qualified 
21examiner making the determination and his or her employer may 
22not be held criminally, civilly, or professionally liable for 
23making or not making the notification required under this 
24Section, except for willful or wanton misconduct.

25 In this Section, "developmentally disabled" has the 
26meaning ascribed to it in Section 12 of the Mental Health and 
 
 
HB4314- 58 -LRB100 15650 RLC 30751 b


1Developmental Disabilities Confidentiality Act. 
2 For purposes of this Section, "developmental disability" 
3means a disability which is attributable to any other condition 
4which results in impairment similar to that caused by an 
5intellectual disability and which requires services similar to 
6those required by intellectually disabled persons. The 
7disability must originate before the age of 18 years, be 
8expected to continue indefinitely, and constitute a 
9substantial disability. This disability results, in the 
10professional opinion of a physician, clinical psychologist, or 
11qualified examiner, in significant functional limitations in 3 
12or more of the following areas of major life activity:
13  (i) self-care;
14  (ii) receptive and expressive language;
15  (iii) learning;
16  (iv) mobility; or
17  (v) self-direction.
18 "Determined to be a person with a developmental disability 
19by a physician, clinical psychologist, or qualified examiner" 
20means in the professional opinion of the physician, clinical 
21psychologist, or qualified examiner, a person is diagnosed, 
22assessed, or evaluated as having a developmental disability. 
23(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
24eff. 7-27-15; 99-642, eff. 7-28-16.)

25 (405 ILCS 5/6-103.3)
 
 
HB4314- 59 -LRB100 15650 RLC 30751 b


1 Sec. 6-103.3. Clear and present danger; notice. If a person 
2is determined to pose a clear and present danger to himself, 
3herself, or to others by a physician, clinical psychologist, or 
4qualified examiner, whether employed by the State, by any 
5public or private mental health facility or part thereof, or by 
6a law enforcement official or a school administrator, then the 
7physician, clinical psychologist, qualified examiner shall 
8notify the Department of Human Services and a law enforcement 
9official or school administrator shall notify the Department of 
10State Police, within 24 hours of making the determination that 
11the person poses a clear and present danger. The Department of 
12Human Services shall immediately update its records and 
13information relating to mental health and developmental 
14disabilities, and if appropriate, shall notify the Department 
15of State Police in a form and manner prescribed by the 
16Department of State Police. Information disclosed under this 
17Section shall remain privileged and confidential, and shall not 
18be redisclosed, except as required under clause (e)(2) of 
19Section 24-4.5 of the Criminal Code of 2012 subsection (e) of 
20Section 3.1 of the Firearm Owners Identification Card Act, nor 
21used for any other purpose. The method of providing this 
22information shall guarantee that the information is not 
23released beyond that which is necessary for the purpose of this 
24Section and shall be provided by rule by the Department of 
25Human Services. The identity of the person reporting under this 
26Section shall not be disclosed to the subject of the report. 
 
 
HB4314- 60 -LRB100 15650 RLC 30751 b


1The physician, clinical psychologist, qualified examiner, law 
2enforcement official, or school administrator making the 
3determination and his or her employer shall not be held 
4criminally, civilly, or professionally liable for making or not 
5making the notification required under this Section, except for 
6willful or wanton misconduct. This Section does not apply to a 
7law enforcement official, if making the notification under this 
8Section will interfere with an ongoing or pending criminal 
9investigation.
10 For the purposes of this Section:
11  "Clear and present danger" means a person who:
12   (1) communicates a serious threat of physical

13 violence against a reasonably identifiable victim or 
14 poses a clear and imminent risk of serious physical 
15 injury to himself, herself, or another person as 
16 determined by a physician, clinical psychologist, or 
17 qualified examiner; or
18   (2) demonstrates threatening physical or verbal

19 behavior, such as violent, suicidal, or assaultive 
20 threats, actions, or other behavior, as determined by a 
21 physician, clinical psychologist, qualified examiner, 
22 school administrator, or law enforcement official. 
23  "Physician", "clinical psychologist", and "qualified 
24 examiner" have the meanings ascribed to them in the Mental 
25 Health and Developmental Disabilities Code has the meaning 
26 ascribed to it in Section 1.1 of the Firearm Owners 
 
 
HB4314- 61 -LRB100 15650 RLC 30751 b


1 Identification Card Act.
2  "Determined to pose a clear and present danger to 
3 himself, herself, or to others by a physician, clinical 
4 psychologist, or qualified examiner" means in the 
5 professional opinion of the physician, clinical 
6 psychologist, or qualified examiner, a person poses a clear 
7 and present danger. 
8  "School administrator" means the person required to 
9 report under the School Administrator Reporting of Mental 
10 Health Clear and Present Danger Determinations Law.

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

12 Section 55. The Lead Poisoning Prevention Act is amended by 
13changing Section 2 as follows:



14 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)


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

16 "Child care facility" means any structure used by a child 
17care
provider licensed by the Department of Children and Family 
18Services or
public or private school structure frequented by 
19children 6 years of
age or younger.

20 "Childhood Lead Risk Questionnaire" means the 
21questionnaire developed by the Department for use by physicians 
22and other health care providers to determine risk factors for 
23children 6 years of age or younger residing in areas designated 
24as low risk for lead exposure.
 
 
HB4314- 62 -LRB100 15650 RLC 30751 b


1 "Delegate agency" means a unit of local government or 
2health
department approved by the Department to carry out the 
3provisions of this Act.

4 "Department" means the Department of Public Health.

5 "Director" means the Director of Public Health. 

6 "Dwelling unit" means an individual unit within a 
7residential building used as living quarters for one household. 
8 "Elevated blood lead level" means a blood lead level in 
9excess of those considered within the permissible limits as 
10established under State and federal rules. 
11 "Exposed surface" means any interior or exterior surface of

12a regulated facility. 
13 "High risk area" means an area in the State determined by 
14the Department to
be high risk for lead exposure for children 6 
15years of age or younger. The
Department may consider, but is 
16not limited to, the following factors to
determine a high risk 
17area: age and condition (using Department of Housing and
Urban

18Development definitions of "slum" and "blighted") of housing, 
19proximity to
highway traffic or heavy local traffic or both, 
20percentage of housing
determined as rental or vacant, proximity 
21to industry using lead, established
incidence of elevated blood 
22lead levels in children, percentage of population
living
below 
23200% of federal poverty guidelines, and number of children 
24residing in
the area who are 6 years of age or younger.

25 "Lead abatement" means any approved work practices that 
26will permanently eliminate lead exposure or remove the 
 
 
HB4314- 63 -LRB100 15650 RLC 30751 b


1lead-bearing substances in a regulated facility. The 
2Department shall establish by rule which work practices are 
3approved or prohibited for lead abatement. 
4 "Lead abatement contractor" means any person or entity 
5licensed by the
Department to perform lead abatement and 
6mitigation.

7 "Lead abatement supervisor" means any person employed by a 
8lead abatement contractor and licensed by the Department to 
9perform lead abatement and lead mitigation and to supervise 
10lead workers who perform lead abatement and lead mitigation. 
11 "Lead abatement worker" means any person employed by a lead 
12abatement
contractor and licensed by the Department to perform 
13lead abatement and
mitigation.

14 "Lead activities" means the conduct of any lead services, 
15including, lead inspection, lead risk assessment, lead 
16mitigation, or lead abatement work or supervision in a 
17regulated facility. 
18 "Lead-bearing substance" means any item containing or 
19coated with lead such that the lead content is more than 
20six-hundredths of one percent (0.06%) lead by total weight; or 
21any dust on surfaces or in
furniture or other nonpermanent 
22elements of the regulated facility; or any paint or
other 
23surface coating material containing more than five-tenths of 
24one
percent (0.5%) lead by total weight (calculated as lead 
25metal) in the total
non-volatile content of liquid paint; or 
26lead-bearing substances containing
greater than one milligram 
 
 
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1per square centimeter or any lower standard for
lead content in 
2residential paint as may be established by federal law or rule; 
3or more than 1 milligram per square centimeter in the dried

4film of paint or previously applied substance; or item or dust 
5on item containing lead in
excess of the amount specified in 
6the rules authorized by
this Act or a lower standard for lead 
7content as may be established by
federal law or rule. 
8"Lead-bearing substance" does not include firearm ammunition 
9or components as defined by Section 2-7.1 of the Criminal Code 
10of 2012 the Firearm Owners Identification Card Act.

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

12immediate health hazard to humans.

13 "Lead hazard screen" means a lead risk assessment that 
14involves limited dust and paint sampling for lead-bearing 
15substances and lead hazards. This service is used as a 
16screening tool designed to determine if further lead 
17investigative services are required for the regulated 
18facility.
19 "Lead inspection" means a surface-by-surface investigation 
20to determine the presence of lead-based paint.
21 "Lead inspector" means an individual who has been trained 
22by a Department-approved training program and is licensed by 
23the Department to conduct lead inspections; to sample for the 
24presence of lead in paint, dust, soil, and water; and to 
25conduct compliance investigations. 
26 "Lead mitigation" means the remediation, in a
manner 
 
 
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1described in Section 9, of a lead hazard so that the

2lead-bearing substance does not pose an immediate
health hazard 
3to humans. 
4 "Lead poisoning" means the condition of having blood lead 
5levels in
excess of those considered safe under State and 
6federal rules.

7 "Lead risk assessment" means an on-site investigation to 
8determine the existence, nature, severity, and location of lead 
9hazards. "Lead risk assessment" includes any lead sampling and 
10visual assessment associated with conducting a lead risk 
11assessment and lead hazard screen and all lead sampling 
12associated with compliance investigations.
13 "Lead risk assessor" means an individual who has been 
14trained by a Department-approved training program and is 
15licensed by the Department to conduct lead risk assessments, 
16lead inspections, and lead hazard screens; to sample for the 
17presence of lead in paint, dust, soil, water, and sources for 
18lead-bearing substances; and to conduct compliance 
19investigations.
20 "Lead training program provider" means any person 
21providing Department-approved lead training in Illinois to 
22individuals seeking licensure in accordance with the Act. 
23 "Low risk area" means an area in the State determined by

24the Department to be low risk for lead exposure for children 6 
25years of age or younger. The Department may consider the 
26factors named in "high risk area" to determine low
risk areas. 
 
 
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1 "Owner" means any person, who alone, jointly, or severally 
2with
others:

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

4 without actual possession of the regulated facility, or

5  (b) Has charge, care, or control of the regulated 
6 facility as owner or agent of the owner, or as executor, 
7 administrator,
trustee, or guardian of the estate of the 
8 owner.

9 "Person" means any individual, partnership, firm, company, 
10limited liability company, corporation, association, joint 
11stock company, trust, estate, political subdivision, State 
12agency, or any other legal entity, or their legal 
13representative, agent, or assign.

14 "Regulated facility" means a residential building or child 
15care facility. 
16 "Residential building" means any room, group of rooms, or 
17other
interior areas of a structure designed or used for human 
18habitation; common
areas accessible by inhabitants; and the 
19surrounding property or structures.

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



21 (430 ILCS 65/Act rep.)

22 Section 60. The Firearm Owners Identification Card Act is 
23repealed.

24 Section 65. The Firearm Concealed Carry Act is amended by 
 
 
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1changing Sections 25, 30, 40, 70, 80, and 105 as follows:

2 (430 ILCS 66/25)

3 Sec. 25. Qualifications for a license. 
4 The Department shall issue a license to an applicant 
5completing an application in accordance with Section 30 of this 
6Act if the person:
7  (1) is at least 21 years of age;
8  (2) has a currently valid Firearm Owner's 
9 Identification Card and at the time of application meets 
10 the requirements for the issuance of a Firearm Owner's 
11 Identification Card and is not prohibited under State or 
12 the Firearm Owners Identification Card Act or federal law 
13 from possessing or receiving a firearm;
14  (3) has not been convicted or found guilty in this 
15 State or in any other state of:
16   (A) a misdemeanor involving the use or threat of 
17 physical force or violence to any person within the 5 
18 years preceding the date of the license application; or
19   (B) 2 or more violations related to driving while 
20 under the influence of alcohol, other drug or drugs, 
21 intoxicating compound or compounds, or any combination 
22 thereof, within the 5 years preceding the date of the 
23 license application;
24  (4) is not the subject of a pending arrest warrant, 
25 prosecution, or proceeding for an offense or action that 
 
 
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1 could lead to disqualification to own or possess a firearm;
2  (5) has not been in residential or court-ordered 
3 treatment for alcoholism, alcohol detoxification, or drug 
4 treatment within the 5 years immediately preceding the date 
5 of the license application; and
6  (6) has completed firearms training and any education 
7 component required under Section 75 of this Act.

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

9 (430 ILCS 66/30)

10 Sec. 30. Contents of license application. 
11 (a) The license application shall be in writing, under 
12penalty of perjury, on a standard form adopted by the 
13Department and shall be accompanied by the documentation 
14required in this Section and the applicable fee. Each 
15application form shall include the following statement printed 
16in bold type: "Warning: Entering false information on this form 
17is punishable as perjury under Section 32-2 of the Criminal 
18Code of 2012."
19 (b) The application shall contain the following:
20  (1) the applicant's name, current address, date and 
21 year of birth, place of birth, height, weight, hair color, 
22 eye color, maiden name or any other name the applicant has 
23 used or identified with, and any address where the 
24 applicant resided for more than 30 days within the 10 years 
25 preceding the date of the license application;
 
 
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1  (2) the applicant's valid driver's license number or 
2 valid state identification card number;
3  (3) a waiver of the applicant's privacy and 
4 confidentiality rights and privileges under all federal 
5 and state laws, including those limiting access to juvenile 
6 court, criminal justice, psychological, or psychiatric 
7 records or records relating to any institutionalization of 
8 the applicant, and an affirmative request that a person 
9 having custody of any of these records provide it or 
10 information concerning it to the Department. The waiver 
11 only applies to records sought in connection with 
12 determining whether the applicant qualifies for a license 
13 to carry a concealed firearm under this Act, or whether the 
14 applicant remains in compliance with the Firearm Owners 
15 Identification Card Act;
16  (4) an affirmation that the applicant is not prohibited 
17 under State or federal law from possessing or receiving a 
18 firearm possesses a currently valid Firearm Owner's 
19 Identification Card and card number if possessed or notice 
20 the applicant is applying for a Firearm Owner's 
21 Identification Card in conjunction with the license 
22 application;
23  (5) an affirmation that the applicant has not been 
24 convicted or found guilty of:
25   (A) a felony;
26   (B) a misdemeanor involving the use or threat of 
 
 
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1 physical force or violence to any person within the 5 
2 years preceding the date of the application; or
3   (C) 2 or more violations related to driving while 
4 under the influence of alcohol, other drug or drugs, 
5 intoxicating compound or compounds, or any combination 
6 thereof, within the 5 years preceding the date of the 
7 license application; and
8  (6) whether the applicant has failed a drug test for a 
9 drug for which the applicant did not have a prescription, 
10 within the previous year, and if so, the provider of the 
11 test, the specific substance involved, and the date of the 
12 test;
13  (7) written consent for the Department to review and 
14 use the applicant's Illinois digital driver's license or 
15 Illinois identification card photograph and signature;
16  (8) a full set of fingerprints submitted to the 
17 Department in electronic format, provided the Department 
18 may accept an application submitted without a set of 
19 fingerprints in which case the Department shall be granted 
20 30 days in addition to the 90 days provided under 
21 subsection (e) of Section 10 of this Act to issue or deny a 
22 license;
23  (9) a head and shoulder color photograph in a size 
24 specified by the Department taken within the 30 days 
25 preceding the date of the license application; and
26  (10) a photocopy of any certificates or other evidence 
 
 
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1 of compliance with the training requirements under this 
2 Act.

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

4 (430 ILCS 66/40)

5 Sec. 40. Non-resident license applications. 
6 (a) For the purposes of this Section, "non-resident" means 
7a person who has not resided within this State for more than 30 
8days and resides in another state or territory.
9 (b) The Department shall by rule allow for non-resident 
10license applications from any state or territory of the United 
11States with laws related to firearm ownership, possession, and 
12carrying, that are substantially similar to the requirements to 
13obtain a license under this Act.
14 (c) A resident of a state or territory approved by the 
15Department under subsection (b) of this Section may apply for a 
16non-resident license. The applicant shall apply to the 
17Department and must meet all of the qualifications established 
18in Section 25 of this Act, except for the Illinois residency 
19requirement in item (xiv) of paragraph (2) of subsection (a) of 
20Section 4 of the Firearm Owners Identification Card Act. The 
21applicant shall submit:
22  (1) the application and documentation required under 
23 Section 30 of this Act and the applicable fee;
24  (2) a notarized document stating that the applicant:
25   (A) is eligible under federal law and the laws of 
 
 
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1 his or her state or territory of residence to own or 
2 possess a firearm;
3   (B) if applicable, has a license or permit to carry 
4 a firearm or concealed firearm issued by his or her 
5 state or territory of residence and attach a copy of 
6 the license or permit to the application;
7   (C) understands Illinois laws pertaining to the 
8 possession and transport of firearms; and
9   (D) acknowledges that the applicant is subject to 
10 the jurisdiction of the Department and Illinois courts 
11 for any violation of this Act;
12  (3) a photocopy of any certificates or other evidence 
13 of compliance with the training requirements under Section 
14 75 of this Act; and
15  (4) a head and shoulder color photograph in a size 
16 specified by the Department taken within the 30 days 
17 preceding the date of the application.
18 (d) In lieu of an Illinois driver's license or Illinois 
19identification card, a non-resident applicant shall provide 
20similar documentation from his or her state or territory of 
21residence. The applicant shall submit In lieu of a valid 
22Firearm Owner's Identification Card, the applicant shall 
23submit documentation and information required by the 
24Department to obtain a Firearm Owner's Identification Card, 
25including an affidavit that the non-resident meets the mental 
26health standards to obtain a firearm under Illinois law, and 
 
 
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1the Department shall ensure that the applicant would meet the 
2eligibility criteria under State law to possess a firearm to 
3obtain a Firearm Owner's Identification card if he or she was a 
4resident of this State.
5 (e) Nothing in this Act shall prohibit a non-resident from 
6transporting a concealed firearm within his or her vehicle in 
7Illinois, if the concealed firearm remains within his or her 
8vehicle and the non-resident:
9  (1) is not prohibited from owning or possessing a 
10 firearm under federal law;
11  (2) is eligible to carry a firearm in public under the 
12 laws of his or her state or territory of residence, as

13 evidenced by the possession of a concealed carry license or 
14 permit issued by his or her state of residence, if

15 applicable; and
16  (3) is not in possession of a license under this Act.
17 If the non-resident leaves his or her vehicle unattended, 
18he or she shall store the firearm within a locked vehicle or 
19locked container within the vehicle in accordance with 
20subsection (b) of Section 65 of this Act.

21(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, 
22eff. 7-20-15.)

23 (430 ILCS 66/70)

24 Sec. 70. Violations. 
25 (a) A license issued or renewed under this Act shall be 
 
 
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1revoked if, at any time, the licensee is found to be ineligible 
2for a license under this Act or the licensee is prohibited from 
3possessing a firearm under State or federal law no longer meets 
4the eligibility requirements of the Firearm Owners 
5Identification Card Act.
6 (b) A license shall be suspended if an order of protection, 
7including an emergency order of protection, plenary order of 
8protection, or interim order of protection under Article 112A 
9of the Code of Criminal Procedure of 1963 or under the Illinois 
10Domestic Violence Act of 1986, is issued against a licensee for 
11the duration of the order, or if the Department is made aware 
12of a similar order issued against the licensee in any other 
13jurisdiction. If an order of protection is issued against a 
14licensee, the licensee shall surrender the license, as 
15applicable, to the court at the time the order is entered or to 
16the law enforcement agency or entity serving process at the 
17time the licensee is served the order. The court, law 
18enforcement agency, or entity responsible for serving the order 
19of protection shall notify the Department within 7 days and 
20transmit the license to the Department.
21 (c) A license is invalid upon expiration of the license, 
22unless the licensee has submitted an application to renew the 
23license, and the applicant is otherwise eligible to possess a 
24license under this Act.
25 (d) A licensee shall not carry a concealed firearm while 
26under the influence of alcohol, other drug or drugs, 
 
 
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1intoxicating compound or combination of compounds, or any 
2combination thereof, under the standards set forth in 
3subsection (a) of Section 11-501 of the Illinois Vehicle Code.
4 A licensee in violation of this subsection (d) shall be 
5guilty of a Class A misdemeanor for a first or second violation 
6and a Class 4 felony for a third violation. The Department may 
7suspend a license for up to 6 months for a second violation and 
8shall permanently revoke a license for a third violation.
9 (e) Except as otherwise provided, a licensee in violation 
10of this Act shall be guilty of a Class B misdemeanor. A second 
11or subsequent violation is a Class A misdemeanor. The 
12Department may suspend a license for up to 6 months for a 
13second violation and shall permanently revoke a license for 3 
14or more violations of Section 65 of this Act. Any person 
15convicted of a violation under this Section shall pay a $150 
16fee to be deposited into the Mental Health Reporting Fund, plus 
17any applicable court costs or fees.
18 (f) A licensee convicted or found guilty of a violation of 
19this Act who has a valid license and is otherwise eligible to 
20carry a concealed firearm shall only be subject to the 
21penalties under this Section and shall not be subject to the 
22penalties under Section 21-6, paragraph (4), (8), or (10) of 
23subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
24of paragraph (3) of subsection (a) of Section 24-1.6 of the 
25Criminal Code of 2012. Except as otherwise provided in this 
26subsection, nothing in this subsection prohibits the licensee 
 
 
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1from being subjected to penalties for violations other than 
2those specified in this Act.
3 (g) A licensee whose license is revoked, suspended, or 
4denied shall, within 48 hours of receiving notice of the 
5revocation, suspension, or denial, surrender his or her 
6concealed carry license to the local law enforcement agency 
7where the person resides. The local law enforcement agency 
8shall provide the licensee a receipt and transmit the concealed 
9carry license to the Department of State Police. If the 
10licensee whose concealed carry license has been revoked, 
11suspended, or denied fails to comply with the requirements of 
12this subsection, the law enforcement agency where the person 
13resides may petition the circuit court to issue a warrant to 
14search for and seize the concealed carry license in the 
15possession and under the custody or control of the licensee 
16whose concealed carry license has been revoked, suspended, or 
17denied. The observation of a concealed carry license in the 
18possession of a person whose license has been revoked, 
19suspended, or denied constitutes a sufficient basis for the 
20arrest of that person for violation of this subsection. A 
21violation of this subsection is a Class A misdemeanor.
22 (h) (Blank). A license issued or renewed under this Act 
23shall be revoked if, at any time, the licensee is found 
24ineligible for a Firearm Owner's Identification Card, or the 
25licensee no longer possesses a valid Firearm Owner's 
26Identification Card. A licensee whose license is revoked under 
 
 
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1this subsection (h) shall surrender his or her concealed carry 
2license as provided for in subsection (g) of this Section. 
3 This subsection shall not apply to a person who has filed 
4an application with the State Police for renewal of a Firearm

5Owner's Identification Card and who is not otherwise ineligible 
6to obtain a Firearm Owner's Identification Card.

7 (i) A certified firearms instructor who knowingly provides 
8or offers to provide a false certification that an applicant 
9has completed firearms training as required under this Act is 
10guilty of a Class A misdemeanor. A person guilty of a violation 
11of this subsection (i) is not eligible for court supervision. 
12The Department shall permanently revoke the firearms 
13instructor certification of a person convicted under this 
14subsection (i). 
15(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, 
16eff. 8-15-14.)

17 (430 ILCS 66/80)
18 Sec. 80. Certified firearms instructors. 
19 (a) Within 60 days of the effective date of this Act, the 
20Department shall begin approval of certified firearms 
21instructors and enter certified firearms instructors into an 
22online registry on the Department's website.
23 (b) A person who is not a certified firearms instructor 
24shall not teach applicant training courses or advertise or 
25otherwise represent courses they teach as qualifying their 
 
 
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1students to meet the requirements to receive a license under 
2this Act. Each violation of this subsection is a business 
3offense with a fine of at least $1,000 per violation.
4 (c) A person seeking to become a certified firearms 
5instructor shall:
6  (1) be at least 21 years of age;
7  (2) be a legal resident of the United States; and
8  (3) meet the requirements of Section 25 of this Act, 
9 except for the Illinois residency
requirement in item (xiv) 
10 of paragraph (2) of subsection (a) of Section 4 of the 
11 Firearm
Owners Identification Card Act; and any additional 
12 uniformly applied requirements established by the 
13 Department.
14 (d) A person seeking to become a certified firearms 
15instructor, in addition to the requirements of subsection (c) 
16of this Section, shall:
17  (1) possess a high school diploma or high school 
18 equivalency certificate; and
19  (2) have at least one of the following valid firearms 
20 instructor certifications:
21   (A) certification from a law enforcement agency;
22   (B) certification from a firearm instructor course 
23 offered by a State or federal governmental agency;
24   (C) certification from a firearm instructor 
25 qualification course offered by the Illinois Law 
26 Enforcement Training Standards Board; or
 
 
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1   (D) certification from an entity approved by the 
2 Department that offers firearm instructor education 
3 and training in the use and safety of firearms.
4 (e) A person may have his or her firearms instructor 
5certification denied or revoked if he or she does not meet the 
6requirements to obtain a license under this Act, provides false 
7or misleading information to the Department, or has had a prior 
8instructor certification revoked or denied by the Department.

9(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718, 
10eff. 1-1-15.)

11 (430 ILCS 66/105)

12 Sec. 105. Duty of school administrator. It is the duty of 
13the principal
of a public elementary or secondary school, or 
14his or her designee, and the
chief administrative officer of a 
15private elementary or secondary school or a
public or private 
16community college, college, or university, or his or her

17designee, to report to the Department of State Police when a 
18student is determined to pose a clear and present danger to 
19himself, herself, or to others, within 24 hours of
the 
20determination as provided in Section 6-103.3 of the Mental 
21Health and Developmental Disabilities Code. "Clear and present 
22danger" has the meaning as provided in paragraph (2) of the 
23definition of "clear and present danger" in Section 6-103.3 of 
24the Mental Health and Developmental Disabilities Code 1.1 of 
25the Firearm Owners Identification Card Act.

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

2 Section 70. The Wildlife Code is amended by changing 
3Sections 3.2 and 3.2a as follows:



4 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)



5 Sec. 3.2. Hunting license; application; instruction. 
6Before the
Department or any county, city, village, township, 
7incorporated town clerk
or his duly designated agent or any 
8other person authorized or designated
by the Department to 
9issue hunting licenses shall issue a hunting license
to any 
10person, the person shall file his application with the 
11Department or
other party authorized to issue licenses on a 
12form provided by the
Department and further give definite proof 
13of identity and place of legal
residence. Each clerk 
14designating agents to issue licenses and stamps
shall furnish 
15the Department, within 10 days following the appointment, the

16names and mailing addresses of the agents. Each clerk or his 
17duly
designated agent shall be authorized to sell licenses and 
18stamps only
within the territorial area for which he was 
19elected or appointed. No duly
designated agent is authorized to 
20furnish licenses or stamps for
issuance by any other business 
21establishment. Each
application shall be executed and sworn to 
22and shall set forth the name
and description of the applicant 
23and place of residence.

24 No hunting license shall be issued to any person born on or 
 
 
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1after January
1,
1980
unless he presents the person authorized 
2to issue the license
evidence that he has held a hunting 
3license issued by the State of Illinois
or another state in a 
4prior year, or a certificate of competency as
provided in this 
5Section. Persons under 16 years of age may be issued a
Lifetime 
6Hunting or Sportsmen's Combination License as provided under 
7Section
20-45 of the Fish and Aquatic Life Code but shall not 
8be entitled to hunt
unless they have a certificate of 
9competency as provided in this Section and
they shall have the 
10certificate in their possession while hunting.

11 The Department of Natural Resources shall authorize

12personnel of the
Department or certified volunteer instructors 
13to conduct courses, of not
less than 10 hours in length, in 
14firearms and hunter safety, which may include
training in bow 
15and arrow safety, at regularly specified intervals throughout

16the State. Persons successfully completing the course shall 
17receive a
certificate of competency. The Department of Natural 
18Resources may further
cooperate with any reputable association 
19or organization in establishing
courses if the organization has 
20as one of its objectives the promotion of
safety in the 
21handling of firearms or bow and arrow.

22 The Department of Natural Resources shall designate any

23person found by it
to be competent to give instruction in the 
24handling of firearms, hunter
safety, and bow and arrow. The 
25persons so appointed shall give the
course of instruction and 
26upon the successful completion shall
issue to the person 
 
 
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1instructed a certificate of competency in the safe
handling of 
2firearms, hunter safety, and bow and arrow. No charge shall
be 
3made for any course of instruction except for materials or 
4ammunition
consumed. The Department of Natural Resources shall

5furnish information on
the requirements of hunter safety 
6education programs to be distributed
free of charge to 
7applicants for hunting licenses by the persons
appointed and 
8authorized to issue licenses. Funds for the conducting of

9firearms and hunter safety courses shall be taken from the fee 
10charged
for the Firearm Owners Identification Card.

11 The fee for a hunting license to hunt all species for a 
12resident of
Illinois is $12. For residents age 65 or older, 
13and, commencing with the 2012 license year, resident veterans 
14of the United States Armed Forces after returning from service 
15abroad or mobilization by the President of the United States, 
16the fee is one-half of the
fee charged for a hunting license to 
17hunt all species for a resident of
Illinois. Veterans must 
18provide to the Department, at one of the Department's 5 
19regional offices, verification of their service. The 
20Department shall establish what constitutes suitable 
21verification of service for the purpose of issuing resident 
22veterans hunting
licenses at a reduced fee. The fee for a 
23hunting license to hunt all species shall be $1 for residents 
24over 75 years of age. Nonresidents shall be charged $57 for a 
25hunting license.

26 Nonresidents may be issued a nonresident hunting license 
 
 
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1for a
period not to exceed 10 consecutive days' hunting in the 
2State and shall
be charged a fee of $35.

3 A special nonresident hunting license authorizing a 
4nonresident to
take game birds by hunting on a game breeding 
5and hunting preserve
area only, established under Section 3.27, 
6shall be issued upon proper
application being made and payment 
7of a fee equal to that for a resident
hunting license. The 
8expiration date of this license shall be on the same
date each 
9year that game breeding and hunting preserve
area licenses 
10expire.

11 Each applicant for a State Migratory Waterfowl Stamp, 
12regardless of
his residence or other condition, shall pay a fee 
13of $15 and
shall receive a stamp. The fee for a State Migratory 
14Waterfowl Stamp shall be waived for residents over 75 years of 
15age. Except as provided under
Section 20-45 of the Fish and 
16Aquatic Life Code,
the stamp shall be signed by the person or 
17affixed to his license
or permit in a space designated by the 
18Department for that purpose.

19 Each applicant for a State Habitat Stamp, regardless of his 
20residence
or other condition, shall pay a fee of $5 and shall 
21receive a
stamp. The fee for a State Habitat Stamp shall be 
22waived for residents over 75 years of age. Except as provided 
23under Section 20-45 of the Fish and Aquatic Life
Code, the 
24stamp shall be signed by the person or affixed to his license 
25or
permit in a space designated by the Department for that 
26purpose.

 
 
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1 Nothing in this Section shall be construed as to require 
2the purchase
of more than one State Habitat Stamp by any person 
3in any one license year.

4 The fees for State Pheasant Stamps and State Furbearer 
5Stamps shall be waived for residents over 75 years of age. 
6 The Department shall furnish the holders of hunting 
7licenses and stamps
with an insignia as evidence of possession 
8of license, or license and
stamp, as the Department may 
9consider advisable. The insignia shall be
exhibited and used as 
10the Department may order.

11 All other hunting licenses and all State stamps shall 
12expire upon
March 31 of each year.

13 Every person holding any license, permit, or stamp issued 
14under the
provisions of this Act shall have it in his 
15possession for immediate
presentation for inspection to the 
16officers and authorized employees of
the Department, any 
17sheriff, deputy sheriff, or any other peace officer making
a 
18demand for it. This provision shall not apply to Department 
19owned or
managed sites where it is required that all hunters 
20deposit their license or ,
permit , or Firearm Owner's 
21Identification Card at the check station upon
entering the 
22hunting areas.

23(Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)






24 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)



25 Sec. 3.2a. 
Every person holding any license, permit or 
 
 
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1stamp issued under the
provisions hereof shall have it in his 
2possession for immediate
presentation for inspection to the 
3officers and authorized employees of
the Department, any 
4sheriff, deputy sheriff or any other peace officer making
a 
5demand for it.
This provision shall not apply to Department 
6owned or managed sites where
it is required that all hunters 
7deposit their license or , permit or Firearm
Owner's 
8Identification Card at the check station upon entering the 
9hunting areas. 

10(Source: P.A. 85-152.)



11 Section 75. The Clerks of Courts Act is amended by changing 
12Section 27.3a as follows:



13 (705 ILCS 105/27.3a)



14 Sec. 27.3a. Fees for automated record keeping, probation 
15and court services operations, State and Conservation Police 
16operations, and e-business programs. 

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

14 1.1. Starting on July 6, 2012 (the effective date of Public 
15Act 97-761) and pursuant to an administrative order from the 
16chief judge of the circuit or the presiding judge of the county 
17authorizing such collection, a clerk of the circuit court in 
18any county that imposes a fee pursuant to subsection 1 of this 
19Section shall also charge and collect an additional $10 
20operations fee for probation and court services department 
21operations.
22 This additional fee shall be paid by the defendant in any 
23felony, traffic, misdemeanor, local ordinance, or conservation 
24case upon a judgment of guilty or grant of supervision, except 
25such $10 operations fee shall not be charged and collected in 
26cases governed by Supreme Court Rule 529 in which the bail 
 
 
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1amount is $120 or less. 
2 1.2. With respect to the fee imposed and collected under 
3subsection 1.1 of this Section, each clerk shall transfer all 
4fees monthly to the county treasurer for deposit into the 
5probation and court services fund created under Section 15.1 of 
6the Probation and Probation Officers Act, and such monies shall 
7be disbursed from the fund only at the direction of the chief 
8judge of the circuit or another judge designated by the Chief 
9Circuit Judge in accordance with the policies and guidelines 
10approved by the Supreme Court. 
11 1.5. Starting on June 1, 2014, a clerk of the circuit court 
12in any county that imposes a fee pursuant to subsection 1 of 
13this Section, shall charge and collect an additional fee in an 
14amount equal to the amount of the fee imposed pursuant to 
15subsection 1 of this Section, except the fee imposed under this 
16subsection may not be more than $15. This additional fee shall 
17be paid by the defendant in any felony, traffic, misdemeanor, 
18or local ordinance case upon a judgment of guilty or grant of 
19supervision. This fee shall not be paid by the defendant for 
20any violation listed in subsection 1.6 of this Section.
21 1.6. Starting on June 1, 2014, a clerk of the circuit court 
22in any county that imposes a fee pursuant to subsection 1 of 
23this Section shall charge and collect an additional fee in an 
24amount equal to the amount of the fee imposed pursuant to 
25subsection 1 of this Section, except the fee imposed under this 
26subsection may not be more than $15. This additional fee shall 
 
 
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1be paid by the defendant upon a judgment of guilty or grant of 
2supervision for a violation under the State Parks Act, the 
3Recreational Trails of Illinois Act, the Illinois Explosives 
4Act, the Timber Buyers Licensing Act, the Forest Products 
5Transportation Act, the Firearm Owners Identification Card 
6Act, the Environmental Protection Act, the Fish and Aquatic 
7Life Code, the Wildlife Code, the Cave Protection Act, the 
8Illinois Exotic Weed Act, the Illinois Forestry Development 
9Act, the Ginseng Harvesting Act, the Illinois Lake Management 
10Program Act, the Illinois Natural Areas Preservation Act, the 
11Illinois Open Land Trust Act, the Open Space Lands Acquisition 
12and Development Act, the Illinois Prescribed Burning Act, the 
13State Forest Act, the Water Use Act of 1983, the Illinois 
14Veteran, Youth, and Young Adult Conservation Jobs Act, the 
15Snowmobile Registration and Safety Act, the Boat Registration 
16and Safety Act, the Illinois Dangerous Animals Act, the Hunter 
17and Fishermen Interference Prohibition Act, the Wrongful Tree 
18Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, 
1911-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of 
20the Illinois Vehicle Code, or Section 48-3 or 48-10 of the 
21Criminal Code of 2012. 
22 1.7. Starting on the 30th day after the effective date of 
23this amendatory Act of the 99th General Assembly, a clerk of 
24the circuit court in any county that imposes a fee pursuant to 
25subsection 1 of this Section shall also charge and collect an 
26additional $9 e-business fee. The fee shall be paid at the time 
 
 
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1of filing the first pleading, paper, or other appearance filed 
2by each party in all civil cases, except no additional fee 
3shall be required if more than one party is presented in a 
4single pleading, paper, or other appearance. The fee shall be 
5collected in the manner in which all other fees or costs are 
6collected. The fee shall be in addition to all other fees and 
7charges of the clerk, and assessable as costs, and may be 
8waived only if the judge specifically provides for the waiver 
9of the e-business fee. The fee shall not be charged in any 
10matter coming to the clerk on a change of venue, nor in any 
11proceeding to review the decision of any administrative 
12officer, agency, or body. 
13 2. With respect to the fee imposed under subsection 1 of 
14this Section, each clerk shall commence such charges and 
15collections upon receipt
of written notice from the chairman of 
16the county board together with a
certified copy of the board's 
17resolution, which the clerk shall file of
record in his office.

18 3. With respect to the fee imposed under subsection 1 of 
19this Section, such fees shall be in addition to all other fees 
20and charges of such
clerks, and assessable as costs, and may be 
21waived only if the judge
specifically provides for the waiver 
22of the court automation fee. The
fees shall be remitted monthly 
23by such clerk to the county treasurer, to be
retained by him in 
24a special fund designated as the court automation fund.
The 
25fund shall be audited by the county auditor, and the board 
26shall make
expenditure from the fund in payment of any cost 
 
 
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1related to the automation
of court records, including hardware, 
2software, research and development
costs and personnel related 
3thereto, provided that the expenditure is
approved by the clerk 
4of the court and by the chief judge of the circuit
court or his 
5designate.

6 4. With respect to the fee imposed under subsection 1 of 
7this Section, such fees shall not be charged in any matter 
8coming to any such clerk
on change of venue, nor in any 
9proceeding to review the decision of any
administrative 
10officer, agency or body.

11 5. With respect to the additional fee imposed under 
12subsection 1.5 of this Section, the fee shall be remitted by 
13the circuit clerk to the State Treasurer within one month after 
14receipt for deposit into the State Police Operations Assistance 
15Fund. 
16 6. With respect to the additional fees imposed under 
17subsection 1.5 of this Section, the Director of State Police 
18may direct the use of these fees for homeland security purposes 
19by transferring these fees on a quarterly basis from the State 
20Police Operations Assistance Fund into the Illinois Law 
21Enforcement Alarm Systems (ILEAS) Fund for homeland security 
22initiatives programs. The transferred fees shall be allocated, 
23subject to the approval of the ILEAS Executive Board, as 
24follows: (i) 66.6% shall be used for homeland security 
25initiatives and (ii) 33.3% shall be used for airborne 
26operations. The ILEAS Executive Board shall annually supply the 
 
 
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1Director of State Police with a report of the use of these 
2fees. 
3 7. With respect to the additional fee imposed under 
4subsection 1.6 of this Section, the fee shall be remitted by 
5the circuit clerk to the State Treasurer within one month after 
6receipt for deposit into the Conservation Police Operations 
7Assistance Fund. 
8 8. With respect to the fee imposed under subsection 1.7 of 
9this Section, the clerk shall remit the fee to the State 
10Treasurer within one month after receipt for deposit into the 
11Supreme Court Special Purposes Fund. Unless otherwise 
12authorized by this Act, the moneys deposited into the Supreme 
13Court Special Purposes Fund under this subsection are not 
14subject to administrative charges or chargebacks under Section 
1520 of the State Treasurer Act. 
16(Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14; 
1798-1016, eff. 8-22-14; 99-859, eff. 8-19-16.)

18 Section 80. The Criminal Code of 2012 is amended by 
19changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, 
2024-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3B, 24-3.1, 24-3.2, 
2124-3.4, 24-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as 
22follows:




23 (720 ILCS 5/2-7.1)



24 Sec. 2-7.1. "Firearm
"Firearm" and "firearm ammunition". 
 
 
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1"Firearm
"Firearm" and "firearm
ammunition" means any 
2self-contained cartridge or shotgun shell, by whatever name 
3known, which is designed to be used or adaptable to use in a 
4firearm; excluding, however:
5 (1) any ammunition exclusively designed for use with
a 
6device used exclusively for signalling or safety and required 
7or recommended by the United States Coast Guard or the 
8Interstate Commerce Commission; and
9 (2) any ammunition designed exclusively for use with
a stud 
10or rivet driver or other similar industrial ammunition
have the 
11meanings ascribed to them in Section 1.1 of the Firearm
Owners 
12Identification Card Act.

13(Source: P.A. 91-544, eff. 1-1-00.)





14 (720 ILCS 5/2-7.5)



15 Sec. 2-7.5. "Firearm". Except as otherwise provided in a 
16specific
Section, "firearm" means any device, by whatever name 
17known, which is designed to expel a projectile or projectiles 
18by the action of an explosion, expansion of gas or escape of 
19gas; excluding, however:
20 (1) any pneumatic gun, spring gun, paint ball gun, or B-B 
21gun which
expels a single globular projectile not exceeding .18 
22inch in
diameter or which has a maximum muzzle velocity of less 
23than 700 feet
per second;
24 (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B 
25gun which expels breakable paint balls containing washable 
 
 
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1marking colors; 
2 (2) any device used exclusively for signalling or
safety 
3and required or recommended by the United States Coast Guard or 
4the Interstate Commerce Commission;
5 (3) any device used exclusively for the firing of
stud 
6cartridges, explosive rivets, or similar industrial 
7ammunition; and
8 (4) an antique firearm (other than a machine-gun)
which, 
9although designed as a weapon, the Department of State Police 
10finds by reason of the date of its manufacture, value, design, 
11and other characteristics is primarily a collector's item and 
12is not likely to be used as a weapon has the meaning ascribed 
13to it in Section 1.1 of the
Firearm Owners Identification Card 
14Act.

15(Source: P.A. 95-331, eff. 8-21-07.)



16 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)



17 Sec. 12-3.05. Aggravated battery. 

18 (a) Offense based on injury. A person commits aggravated 
19battery when, in committing a battery, other than by the 
20discharge of a firearm, he or she knowingly does any of the 
21following:
22  (1) Causes great bodily harm or permanent disability or 
23 disfigurement.
24  (2) Causes severe and permanent disability, great 
25 bodily harm, or disfigurement by means of a caustic or 
 
 
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1 flammable substance, a poisonous gas, a deadly biological 
2 or chemical contaminant or agent, a radioactive substance, 
3 or a bomb or explosive compound.
4  (3) Causes great bodily harm or permanent disability or 
5 disfigurement to an individual whom the person knows to be 
6 a peace officer, community policing volunteer, fireman, 
7 private security officer, correctional institution 
8 employee, or Department of Human Services employee 
9 supervising or controlling sexually dangerous persons or 
10 sexually violent persons:
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  (4) Causes great bodily harm or permanent disability or 
17 disfigurement to an individual 60 years of age or older.
18  (5) Strangles another individual. 
19 (b) Offense based on injury to a child or person with an 
20intellectual disability. A person who is at least 18 years of 
21age commits aggravated battery when, in committing a battery, 
22he or she knowingly and without legal justification by any 
23means:
24  (1) causes great bodily harm or permanent disability or 
25 disfigurement to any child under the age of 13 years, or to 
26 any person with a severe or profound intellectual 
 
 
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1 disability; or
2  (2) causes bodily harm or disability or disfigurement 
3 to any child under the age of 13 years or to any person 
4 with a severe or profound intellectual disability. 
5 (c) Offense based on location of conduct. A person commits 
6aggravated battery when, in committing a battery, other than by 
7the discharge of a firearm, he or she is or the person battered 
8is on or about a public way, public property, a public place of 
9accommodation or amusement, a sports venue, or a domestic 
10violence shelter.
11 (d) Offense based on status of victim. A person commits 
12aggravated battery when, in committing a battery, other than by 
13discharge of a firearm, he or she knows the individual battered 
14to be any of the following:
15  (1) A person 60 years of age or older.
16  (2) A person who is pregnant or has a physical 
17 disability.
18  (3) A teacher or school employee upon school grounds or 
19 grounds adjacent to a school or in any part of a building 
20 used for school purposes.
21  (4) A peace officer, community policing volunteer, 
22 fireman, private security officer, correctional 
23 institution employee, or Department of Human Services 
24 employee supervising or controlling sexually dangerous 
25 persons or sexually violent persons:
26   (i) performing his or her official duties;
 
 
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1   (ii) battered to prevent performance of his or her 
2 official duties; or
3   (iii) battered in retaliation for performing his 
4 or her official duties.
5  (5) A judge, emergency management worker, emergency 
6 medical services personnel, or utility worker:
7   (i) performing his or her official duties;
8   (ii) battered to prevent performance of his or her 
9 official duties; or
10   (iii) battered in retaliation for performing his 
11 or her official duties.
12  (6) An officer or employee of the State of Illinois, a 
13 unit of local government, or a school district, while 
14 performing his or her official duties.
15  (7) A transit employee performing his or her official 
16 duties, or a transit passenger.
17  (8) A taxi driver on duty.
18  (9) A merchant who detains the person for an alleged 
19 commission of retail theft under Section 16-26 of this Code 
20 and the person without legal justification by any means 
21 causes bodily harm to the merchant.
22  (10) A person authorized to serve process under Section 
23 2-202 of the Code of Civil Procedure or a special process 
24 server appointed by the circuit court while that individual 
25 is in the performance of his or her duties as a process 
26 server.
 
 
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1  (11) A nurse while in the performance of his or her 
2 duties as a nurse. 
3 (e) Offense based on use of a firearm. A person commits 
4aggravated battery when, in committing a battery, he or she 
5knowingly does any of the following:
6  (1) Discharges a firearm, other than a machine gun or a 
7 firearm equipped with a silencer, and causes any injury to 
8 another person.
9  (2) Discharges a firearm, other than a machine gun or a 
10 firearm equipped with a silencer, and causes any injury to 
11 a person he or she knows to be a peace officer, community 
12 policing volunteer, person summoned by a police officer, 
13 fireman, private security officer, correctional 
14 institution employee, or emergency management worker:
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  (3) Discharges a firearm, other than a machine gun or a 
21 firearm equipped with a silencer, and causes any injury to 
22 a person he or she knows to be emergency medical services 
23 personnel:
24   (i) performing his or her official duties;
25   (ii) battered to prevent performance of his or her 
26 official duties; or
 
 
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1   (iii) battered in retaliation for performing his 
2 or her official duties.
3  (4) Discharges a firearm and causes any injury to a 
4 person he or she knows to be a teacher, a student in a 
5 school, or a school employee, and the teacher, student, or 
6 employee is upon school grounds or grounds adjacent to a 
7 school or in any part of a building used for school 
8 purposes.
9  (5) Discharges a machine gun or a firearm equipped with 
10 a silencer, and causes any injury to another person.
11  (6) Discharges a machine gun or a firearm equipped with 
12 a silencer, and causes any injury to a person he or she 
13 knows to be a peace officer, community policing volunteer, 
14 person summoned by a police officer, fireman, private 
15 security officer, correctional institution employee or 
16 emergency management worker:
17   (i) performing his or her official duties;
18   (ii) battered to prevent performance of his or her 
19 official duties; or
20   (iii) battered in retaliation for performing his 
21 or her official duties.
22  (7) Discharges a machine gun or a firearm equipped with 
23 a silencer, and causes any injury to a person he or she 
24 knows to be emergency medical services personnel:
25   (i) performing his or her official duties;
26   (ii) battered to prevent performance of his or her 
 
 
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1 official duties; or
2   (iii) battered in retaliation for performing his 
3 or her official duties.
4  (8) Discharges a machine gun or a firearm equipped with 
5 a silencer, and causes any injury to a person he or she 
6 knows to be a teacher, or a student in a school, or a 
7 school employee, and the teacher, student, or employee is 
8 upon school grounds or grounds adjacent to a school or in 
9 any part of a building used for school purposes. 
10 (f) Offense based on use of a weapon or device. A person 
11commits aggravated battery when, in committing a battery, he or 
12she does any of the following:
13  (1) Uses a deadly weapon other than by discharge of a 
14 firearm, or uses an air rifle as defined in Section 
15 24.8-0.1 of this Code.
16  (2) Wears a hood, robe, or mask to conceal his or her 
17 identity.
18  (3) Knowingly and without lawful justification shines 
19 or flashes a laser gunsight or other laser device attached 
20 to a firearm, or used in concert with a firearm, so that 
21 the laser beam strikes upon or against the person of 
22 another.
23  (4) Knowingly video or audio records the offense with 
24 the intent to disseminate the recording. 
25 (g) Offense based on certain conduct. A person commits 
26aggravated battery when, other than by discharge of a firearm, 
 
 
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1he or she does any of the following:
2  (1) Violates Section 401 of the Illinois Controlled 
3 Substances Act by unlawfully delivering a controlled 
4 substance to another and any user experiences great bodily 
5 harm or permanent disability as a result of the injection, 
6 inhalation, or ingestion of any amount of the controlled 
7 substance.
8  (2) Knowingly administers to an individual or causes 
9 him or her to take, without his or her consent or by threat 
10 or deception, and for other than medical purposes, any 
11 intoxicating, poisonous, stupefying, narcotic, anesthetic, 
12 or controlled substance, or gives to another person any 
13 food containing any substance or object intended to cause 
14 physical injury if eaten.
15  (3) Knowingly causes or attempts to cause a 
16 correctional institution employee or Department of Human 
17 Services employee to come into contact with blood, seminal 
18 fluid, urine, or feces by throwing, tossing, or expelling 
19 the fluid or material, and the person is an inmate of a 
20 penal institution or is a sexually dangerous person or 
21 sexually violent person in the custody of the Department of 
22 Human Services.
23 (h) Sentence. Unless otherwise provided, aggravated 
24battery is a Class 3 felony.
25 Aggravated battery as defined in subdivision (a)(4), 
26(d)(4), or (g)(3) is a Class 2 felony.
 
 
HB4314- 101 -LRB100 15650 RLC 30751 b


1 Aggravated battery as defined in subdivision (a)(3) or 
2(g)(1) is a Class 1 felony.
3 Aggravated battery as defined in subdivision (a)(1) is a 
4Class 1 felony when the aggravated battery was intentional and 
5involved the infliction of torture, as defined in paragraph 
6(14) of subsection (b) of Section 9-1 of this Code, as the 
7infliction of or subjection to extreme physical pain, motivated 
8by an intent to increase or prolong the pain, suffering, or 
9agony of the victim. 
10 Aggravated battery under subdivision (a)(5) is a
Class 1 
11felony if:
12  (A) the person used or attempted to use a dangerous

13 instrument while committing the offense; or
14  (B) the person caused great bodily harm or
permanent 
15 disability or disfigurement to the other
person while 
16 committing the offense; or
17  (C) the person has been previously convicted of a

18 violation of subdivision (a)(5) under the laws of this

19 State or laws similar to subdivision (a)(5) of any other

20 state. 
21 Aggravated battery as defined in subdivision (e)(1) is a 
22Class X felony.
23 Aggravated battery as defined in subdivision (a)(2) is a 
24Class X felony for which a person shall be sentenced to a term 
25of imprisonment of a minimum of 6 years and a maximum of 45 
26years.
 
 
HB4314- 102 -LRB100 15650 RLC 30751 b


1 Aggravated battery as defined in subdivision (e)(5) is a 
2Class X felony for which a person shall be sentenced to a term 
3of imprisonment of a minimum of 12 years and a maximum of 45 
4years.
5 Aggravated battery as defined in subdivision (e)(2), 
6(e)(3), or (e)(4) is a Class X felony for which a person shall 
7be sentenced to a term of imprisonment of a minimum of 15 years 
8and a maximum of 60 years.
9 Aggravated battery as defined in subdivision (e)(6), 
10(e)(7), or (e)(8) is a Class X felony for which a person shall 
11be sentenced to a term of imprisonment of a minimum of 20 years 
12and a maximum of 60 years.
13 Aggravated battery as defined in subdivision (b)(1) is a 
14Class X felony, except that:
15  (1) if the person committed the offense while armed 
16 with a firearm, 15 years shall be added to the term of 
17 imprisonment imposed by the court;
18  (2) if, during the commission of the offense, the 
19 person personally discharged a firearm, 20 years shall be 
20 added to the term of imprisonment imposed by the court;
21  (3) if, during the commission of the offense, the 
22 person personally discharged a firearm that proximately 
23 caused great bodily harm, permanent disability, permanent 
24 disfigurement, or death to another person, 25 years or up 
25 to a term of natural life shall be added to the term of 
26 imprisonment imposed by the court.
 
 
HB4314- 103 -LRB100 15650 RLC 30751 b


1 (i) Definitions. For the purposes of this Section:
2 "Building or other structure used to provide shelter" has 
3the meaning ascribed to "shelter" in Section 1 of the Domestic 
4Violence Shelters Act.
5 "Domestic violence" has the meaning ascribed to it in 
6Section 103 of the Illinois Domestic Violence Act of 1986.
7 "Domestic violence shelter" means any building or other 
8structure used to provide shelter or other services to victims 
9or to the dependent children of victims of domestic violence 
10pursuant to the Illinois Domestic Violence Act of 1986 or the 
11Domestic Violence Shelters Act, or any place within 500 feet of 
12such a building or other structure in the case of a person who 
13is going to or from such a building or other structure.
14 "Firearm" has the meaning provided under Section 2-7.5 of 
15this Code 1.1
of the Firearm Owners Identification Card Act, 
16and does
not include an air rifle as defined by Section 
1724.8-0.1 of this Code. 
18 "Machine gun" has the meaning ascribed to it in Section 
1924-1 of this Code.
20 "Merchant" has the meaning ascribed to it in Section 16-0.1 
21of this Code. 
22 "Strangle" means
intentionally impeding the normal 
23breathing or circulation of the blood of an individual by 
24applying pressure on the throat
or neck of that individual or 
25by blocking the nose or mouth of
that individual. 

26(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, 
 
 
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1eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)


2 (720 ILCS 5/16-0.1)
3 Sec. 16-0.1. Definitions. In this Article, unless the 
4context clearly requires otherwise, the following terms are 
5defined as indicated:
6 "Access" means to use, instruct, communicate with, store 
7data in, retrieve or intercept data from, or otherwise utilize 
8any services of a computer.
9 "Coin-operated machine" includes any automatic vending 
10machine or any part thereof, parking meter, coin telephone, 
11coin-operated transit turnstile, transit fare box, coin 
12laundry machine, coin dry cleaning machine, amusement machine, 
13music machine, vending machine dispensing goods or services, or 
14money changer.
15 "Communication device" means any type of instrument, 
16device, machine, or equipment which is capable of transmitting, 
17acquiring, decrypting, or receiving any telephonic, 
18electronic, data, Internet access, audio, video, microwave, or 
19radio transmissions, signals, communications, or services, 
20including the receipt, acquisition, transmission, or 
21decryption of all such communications, transmissions, signals, 
22or services provided by or through any cable television, fiber 
23optic, telephone, satellite, microwave, radio, Internet-based, 
24data transmission, or wireless distribution network, system or 
25facility; or any part, accessory, or component thereof, 
 
 
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1including any computer circuit, security module, smart card, 
2software, computer chip, electronic mechanism or other 
3component, accessory or part of any communication device which 
4is capable of facilitating the transmission, decryption, 
5acquisition or reception of all such communications, 
6transmissions, signals, or services.
7 "Communication service" means any service lawfully 
8provided for a charge or compensation to facilitate the lawful 
9origination, transmission, emission, or reception of signs, 
10signals, data, writings, images, and sounds or intelligence of 
11any nature by telephone, including cellular telephones or a 
12wire, wireless, radio, electromagnetic, photo-electronic or 
13photo-optical system; and also any service lawfully provided by 
14any radio, telephone, cable television, fiber optic, 
15satellite, microwave, Internet-based or wireless distribution 
16network, system, facility or technology, including, but not 
17limited to, any and all electronic, data, video, audio, 
18Internet access, telephonic, microwave and radio 
19communications, transmissions, signals and services, and any 
20such communications, transmissions, signals and services 
21lawfully provided directly or indirectly by or through any of 
22those networks, systems, facilities or technologies.
23 "Communication service provider" means: (1) any person or 
24entity providing any communication service, whether directly 
25or indirectly, as a reseller, including, but not limited to, a 
26cellular, paging or other wireless communications company or 
 
 
HB4314- 106 -LRB100 15650 RLC 30751 b


1other person or entity which, for a fee, supplies the facility, 
2cell site, mobile telephone switching office or other equipment 
3or communication service; (2) any person or entity owning or 
4operating any cable television, fiber optic, satellite, 
5telephone, wireless, microwave, radio, data transmission or 
6Internet-based distribution network, system or facility; and 
7(3) any person or entity providing any communication service 
8directly or indirectly by or through any such distribution 
9system, network or facility.
10 "Computer" means a device that accepts, processes, stores, 
11retrieves or outputs data, and includes but is not limited to 
12auxiliary storage and telecommunications devices connected to 
13computers.
14 "Continuing
course of conduct" means a series of acts, and 
15the accompanying
mental state necessary for the crime in 
16question, irrespective
of whether the series of acts are 
17continuous or intermittent. 
18 "Delivery container" means any bakery basket of wire or 
19plastic used to transport or store bread or bakery products, 
20any dairy case of wire or plastic used to transport or store 
21dairy products, and any dolly or cart of 2 or 4 wheels used to 
22transport or store any bakery or dairy product.
23 "Document-making implement" means any implement, 
24impression, template, computer file, computer disc, electronic 
25device, computer hardware, computer software, instrument, or 
26device that is used to make a real or fictitious or fraudulent 
 
 
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1personal identification document.
2 "Financial transaction device" means any of the following:
3  (1) An electronic funds transfer card.
4  (2) A credit card.
5  (3) A debit card.
6  (4) A point-of-sale card.
7  (5) Any instrument, device, card, plate, code, account 
8 number, personal identification number, or a record or copy 
9 of a code, account number, or personal identification 
10 number or other means of access to a credit account or 
11 deposit account, or a driver's license or State 
12 identification card used to access a proprietary account, 
13 other than access originated solely by a paper instrument, 
14 that can be used alone or in conjunction with another 
15 access device, for any of the following purposes:
16   (A) Obtaining money, cash refund or credit 
17 account, credit, goods, services, or any other thing of 
18 value.
19   (B) Certifying or guaranteeing to a person or 
20 business the availability to the device holder of funds 
21 on deposit to honor a draft or check payable to the 
22 order of that person or business.
23   (C) Providing the device holder access to a deposit 
24 account for the purpose of making deposits, 
25 withdrawing funds, transferring funds between deposit 
26 accounts, obtaining information pertaining to a 
 
 
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1 deposit account, or making an electronic funds 
2 transfer.
3 "Full retail value" means the merchant's stated or 
4advertised price of the merchandise. "Full
retail value" 
5includes the aggregate value of property obtained
from retail 
6thefts committed by the same person as part of a
continuing 
7course of conduct from one or more mercantile
establishments in 
8a single transaction or in separate
transactions over a period 
9of one year.
10 "Internet" means an interactive computer service or system 
11or an information service, system, or access software provider 
12that provides or enables computer access by multiple users to a 
13computer server, and includes, but is not limited to, an 
14information service, system, or access software provider that 
15provides access to a network system commonly known as the 
16Internet, or any comparable system or service and also 
17includes, but is not limited to, a World Wide Web page, 
18newsgroup, message board, mailing list, or chat area on any 
19interactive computer service or system or other online service.
20 "Library card" means a card or plate issued by a library 
21facility for purposes of identifying the person to whom the 
22library card was issued as authorized to borrow library 
23material, subject to all limitations and conditions imposed on 
24the borrowing by the library facility issuing such card.
25 "Library facility" includes any public library or museum, 
26or any library or museum of an educational, historical or 
 
 
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1eleemosynary institution, organization or society.
2 "Library material" includes any book, plate, picture, 
3photograph, engraving, painting, sculpture, statue, artifact, 
4drawing, map, newspaper, pamphlet, broadside, magazine, 
5manuscript, document, letter, microfilm, sound recording, 
6audiovisual material, magnetic or other tape, electronic data 
7processing record or other documentary, written or printed 
8material regardless of physical form or characteristics, or any 
9part thereof, belonging to, or on loan to or otherwise in the 
10custody of a library facility.
11 "Manufacture or assembly of an unlawful access device" 
12means to make, produce or assemble an unlawful access device or 
13to modify, alter, program or re-program any instrument, device, 
14machine, equipment or software so that it is capable of 
15defeating or circumventing any technology, device or software 
16used by the provider, owner or licensee of a communication 
17service or of any data, audio or video programs or 
18transmissions to protect any such communication, data, audio or 
19video services, programs or transmissions from unauthorized 
20access, acquisition, disclosure, receipt, decryption, 
21communication, transmission or re-transmission.
22 "Manufacture or assembly of an unlawful communication 
23device" means to make, produce or assemble an unlawful 
24communication or wireless device or to modify, alter, program 
25or reprogram a communication or wireless device to be capable 
26of acquiring, disrupting, receiving, transmitting, decrypting, 
 
 
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1or facilitating the acquisition, disruption, receipt, 
2transmission or decryption of, a communication service without 
3the express consent or express authorization of the 
4communication service provider, or to knowingly assist others 
5in those activities.
6 "Master sound recording" means the original physical 
7object on which a given set of sounds were first recorded and 
8which the original object from which all subsequent sound 
9recordings embodying the same set of sounds are directly or 
10indirectly derived.
11 "Merchandise" means any item of tangible personal 
12property, including motor fuel.
13 "Merchant" means an owner or operator of any retail 
14mercantile establishment or any agent, employee, lessee, 
15consignee, officer, director, franchisee, or independent 
16contractor of the owner or operator. "Merchant" also means a 
17person who receives from an authorized user of a payment card, 
18or someone the person believes to be an authorized user, a 
19payment card or information from a payment card, or what the 
20person believes to be a payment card or information from a 
21payment card, as the instrument for obtaining, purchasing or 
22receiving goods, services, money, or anything else of value 
23from the person.
24 "Motor fuel" means a liquid, regardless of its properties, 
25used to propel a vehicle, including gasoline and diesel.
26 "Online" means the use of any electronic or wireless device 
 
 
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1to access the Internet.
2 "Payment card" means a credit card, charge card, debit 
3card, or any other card that is issued to an authorized card 
4user and that allows the user to obtain, purchase, or receive 
5goods, services, money, or anything else of value from a 
6merchant.
7 "Person with a disability" means a person who
suffers from 
8a physical or mental impairment resulting from
disease, injury, 
9functional disorder or congenital condition that impairs the

10individual's mental or physical ability to independently 
11manage his or her
property or financial resources, or both. 
12 "Personal identification document" means a birth 
13certificate, a driver's license, a State identification card, a 
14public, government, or private employment identification card, 
15a social security card, a license issued under the Firearm 
16Concealed Carry Act firearm owner's identification card, a 
17credit card, a debit card, or a passport issued to or on behalf 
18of a person other than the offender, or any document made or 
19issued, or falsely purported to have been made or issued, by or 
20under the authority of the United States Government, the State 
21of Illinois, or any other state political subdivision of any 
22state, or any other governmental or quasi-governmental 
23organization that is of a type intended for the purpose of 
24identification of an individual, or any such document made or 
25altered in a manner that it falsely purports to have been made 
26on behalf of or issued to another person or by the authority of 
 
 
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1one who did not give that authority.
2 "Personal identifying information" means any of the 
3following information:
4  (1) A person's name.
5  (2) A person's address.
6  (3) A person's date of birth.
7  (4) A person's telephone number.
8  (5) A person's driver's license number or State of 
9 Illinois identification card as assigned by the Secretary 
10 of State of the State of Illinois or a similar agency of 
11 another state.
12  (6) A person's social security number.
13  (7) A person's public, private, or government 
14 employer, place of employment, or employment 
15 identification number.
16  (8) The maiden name of a person's mother.
17  (9) The number assigned to a person's depository 
18 account, savings account, or brokerage account.
19  (10) The number assigned to a person's credit or debit 
20 card, commonly known as a "Visa Card", "MasterCard", 
21 "American Express Card", "Discover Card", or other similar 
22 cards whether issued by a financial institution, 
23 corporation, or business entity.
24  (11) Personal identification numbers.
25  (12) Electronic identification numbers.
26  (13) Digital signals.
 
 
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1  (14) User names, passwords, and any other word, number, 
2 character or combination of the same usable in whole or 
3 part to access information relating to a specific 
4 individual, or to the actions taken, communications made or 
5 received, or other activities or transactions of a specific 
6 individual.
7  (15) Any other numbers or information which can be used 
8 to access a person's financial resources, or to identify a 
9 specific individual, or the actions taken, communications 
10 made or received, or other activities or transactions of a 
11 specific individual.
12 "Premises of a retail mercantile establishment" includes, 
13but is not limited to, the retail mercantile establishment; any 
14common use areas in shopping centers; and all parking areas set 
15aside by a merchant or on behalf of a merchant for the parking 
16of vehicles for the convenience of the patrons of such retail 
17mercantile establishment.
18 "Public water, gas, or power supply, or other public 
19services" mean any service subject to regulation by the 
20Illinois Commerce Commission; any service furnished by a public 
21utility that is owned and operated by any political 
22subdivision, public institution of higher education or 
23municipal corporation of this State; any service furnished by 
24any public utility that is owned by such political subdivision, 
25public institution of higher education, or municipal 
26corporation and operated by any of its lessees or operating 
 
 
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1agents; any service furnished by an electric cooperative as 
2defined in Section 3.4 of the Electric Supplier Act; or 
3wireless service or other service regulated by the Federal 
4Communications Commission.
5 "Publish" means to communicate or disseminate information 
6to any one or more persons, either orally, in person, or by 
7telephone, radio or television or in writing of any kind, 
8including, without limitation, a letter or memorandum, 
9circular or handbill, newspaper or magazine article or book.
10 "Radio frequency identification device" means any 
11implement, computer file, computer disc, electronic device, 
12computer hardware, computer software, or instrument that is 
13used to activate, read, receive, or decode information stored 
14on a RFID tag or transponder attached to a personal 
15identification document. 
16 "RFID tag or transponder" means a chip or device that 
17contains personal identifying information from which the 
18personal identifying information can be read or decoded by 
19another device emitting a radio frequency that activates or 
20powers a radio frequency emission response from the chip or 
21transponder. 
22 "Reencoder" means an electronic device that places encoded 
23information from the magnetic strip or stripe of a payment card 
24onto the magnetic strip or stripe of a different payment card.
25 "Retail mercantile establishment" means any place where 
26merchandise is displayed, held, stored or offered for sale to 
 
 
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1the public.
2 "Scanning device" means a scanner, reader, or any other 
3electronic device that is used to access, read, scan, obtain, 
4memorize, or store, temporarily or permanently, information 
5encoded on the magnetic strip or stripe of a payment card.
6 "Shopping cart" means those push carts of the type or types 
7which are commonly provided by grocery stores, drug stores or 
8other retail mercantile establishments for the use of the 
9public in transporting commodities in stores and markets and, 
10incidentally, from the stores to a place outside the store.
11 "Sound or audio visual recording" means any sound or audio 
12visual phonograph record, disc, pre-recorded tape, film, wire, 
13magnetic tape or other object, device or medium, now known or 
14hereafter invented, by which sounds or images may be reproduced 
15with or without the use of any additional machine, equipment or 
16device.
17 "Theft detection device remover" means any tool or device 
18specifically designed and intended to be used to remove any 
19theft detection device from any merchandise.
20 "Under-ring" means to cause the cash register or other 
21sales recording device to reflect less than the full retail 
22value of the merchandise.
23 "Unidentified sound or audio visual recording" means a 
24sound or audio visual recording without the actual name and 
25full and correct street address of the manufacturer, and the 
26name of the actual performers or groups prominently and legibly 
 
 
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1printed on the outside cover or jacket and on the label of such 
2sound or audio visual recording.
3 "Unlawful access device" means any type of instrument, 
4device, machine, equipment, technology, or software which is 
5primarily possessed, used, designed, assembled, manufactured, 
6sold, distributed or offered, promoted or advertised for the 
7purpose of defeating or circumventing any technology, device or 
8software, or any component or part thereof, used by the 
9provider, owner or licensee of any communication service or of 
10any data, audio or video programs or transmissions to protect 
11any such communication, audio or video services, programs or 
12transmissions from unauthorized access, acquisition, receipt, 
13decryption, disclosure, communication, transmission or 
14re-transmission.
15 "Unlawful communication device" means any electronic 
16serial number, mobile identification number, personal 
17identification number or any communication or wireless device 
18that is capable of acquiring or facilitating the acquisition of 
19a communication service without the express consent or express 
20authorization of the communication service provider, or that 
21has been altered, modified, programmed or reprogrammed, alone 
22or in conjunction with another communication or wireless device 
23or other equipment, to so acquire or facilitate the 
24unauthorized acquisition of a communication service. "Unlawful 
25communication device" also means:
26  (1) any phone altered to obtain service without the 
 
 
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1 express consent or express authorization of the 
2 communication service provider, tumbler phone, counterfeit 
3 or clone phone, tumbler microchip, counterfeit or clone 
4 microchip, scanning receiver of wireless communication 
5 service or other instrument capable of disguising its 
6 identity or location or of gaining unauthorized access to a 
7 communications or wireless system operated by a 
8 communication service provider; and
9  (2) any communication or wireless device which is 
10 capable of, or has been altered, designed, modified, 
11 programmed or reprogrammed, alone or in conjunction with 
12 another communication or wireless device or devices, so as 
13 to be capable of, facilitating the disruption, 
14 acquisition, receipt, transmission or decryption of a 
15 communication service without the express consent or 
16 express authorization of the communication service 
17 provider, including, but not limited to, any device, 
18 technology, product, service, equipment, computer software 
19 or component or part thereof, primarily distributed, sold, 
20 designed, assembled, manufactured, modified, programmed, 
21 reprogrammed or used for the purpose of providing the 
22 unauthorized receipt of, transmission of, disruption of, 
23 decryption of, access to or acquisition of any 
24 communication service provided by any communication 
25 service provider.
26 "Vehicle" means a motor vehicle, motorcycle, or farm 
 
 
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1implement that is self-propelled and that uses motor fuel for 
2propulsion.
3 "Wireless device" includes any type of instrument, device, 
4machine, or
equipment that is capable of transmitting or 
5receiving telephonic, electronic
or
radio communications, or 
6any part of such instrument, device, machine, or
equipment, or 
7any computer circuit, computer chip, electronic mechanism, or

8other component that is capable of facilitating the 
9transmission or reception
of telephonic, electronic, or radio 
10communications. 

11(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff. 
121-1-12; 97-1109, eff. 1-1-13.)




13 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)



14 Sec. 17-30. Defaced, altered, or removed manufacturer or 
15owner identification number.  
16 (a) Unlawful sale of household appliances. A person commits 
17unlawful
sale of household
appliances when he or she knowingly, 
18with the intent to defraud or deceive
another, keeps for sale, 
19within any commercial
context, any household appliance with a 
20missing, defaced, obliterated, or
otherwise altered 
21manufacturer's identification number.

22 (b) Construction equipment identification defacement. A 
23person commits construction equipment identification 
24defacement when he or she knowingly changes,
alters, removes, 
25mutilates, or
obliterates a permanently affixed serial number, 
 
 
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1product identification number,
part number, component 
2identification number, owner-applied identification,
or other 
3mark of identification attached to or stamped, inscribed, 
4molded,
or etched into a machine or other equipment, whether 
5stationary or mobile
or self-propelled, or a part of such 
6machine or equipment, used in the construction,
maintenance, or 
7demolition of buildings, structures, bridges, tunnels, sewers,

8utility pipes or lines, ditches or open cuts, roads, highways, 
9dams, airports,
or waterways or in material handling for such 
10projects. 
11 The trier of fact may infer that the defendant has 
12knowingly changed, altered, removed, or obliterated the serial 
13number, product identification number, part number, component 
14identification number, owner-applied identification number, or 
15other mark of identification, if the defendant was in 
16possession of any machine or other equipment or a part of such 
17machine
or equipment used in the construction, maintenance, or 
18demolition of buildings,
structures, bridges, tunnels, sewers, 
19utility pipes or lines, ditches or
open cuts, roads, highways, 
20dams, airports, or waterways or in material handling
for such 
21projects upon which any such serial number, product 
22identification
number, part number, component identification 
23number, owner-applied identification
number, or other mark of 
24identification has been changed, altered,
removed, or 
25obliterated. 
26 (c) Defacement of manufacturer's serial number or 
 
 
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1identification mark. A person commits defacement of a 
2manufacturer's serial number or identification mark when he or 
3she knowingly removes, alters, defaces, covers, or destroys the

4manufacturer's serial number or any other manufacturer's 
5number or
distinguishing identification mark upon any machine 
6or other article of
merchandise, other than a motor vehicle as 
7defined in Section 1-146 of the
Illinois Vehicle Code or a 
8firearm as defined in the Firearm Owners Identification Card 
9Act, with the intent of concealing or destroying the
identity 
10of such machine or other article of merchandise. 
11 (d) Sentence.
12  (1) A violation of subsection (a) of this Section is a 
13 Class 4 felony if the value
of the appliance or appliances 
14 exceeds $1,000 and a Class B misdemeanor if
the value of 
15 the appliance or appliances is $1,000 or less.

16  (2) A violation of subsection (b) of this Section is a 
17 Class A misdemeanor.
18  (3) A violation of subsection (c) of this Section is a 
19 Class B misdemeanor. 
20 (e) No liability shall be imposed upon any person for the 
21unintentional
failure to comply with subsection (a).

22 (f) Definitions. In this Section:
23 "Commercial context" means a continuing business 
24enterprise conducted
for profit by any person whose primary 
25business is the wholesale or retail
marketing of household 
26appliances, or a significant portion of whose business
or 
 
 
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1inventory consists of household appliances
kept or sold on a 
2wholesale or retail basis.
3 "Household appliance" means any gas or electric device or 
4machine
marketed for use as home entertainment or for 
5facilitating or expediting
household tasks or chores. The term 
6shall include but not necessarily be
limited to refrigerators, 
7freezers, ranges, radios, television sets, vacuum
cleaners, 
8toasters, dishwashers, and other similar household items.
9 "Manufacturer's identification number" means any serial 
10number or
other similar numerical or alphabetical designation 
11imprinted upon or attached
to or placed, stamped, or otherwise 
12imprinted upon or attached to a household
appliance or item by 
13the manufacturer for purposes of identifying a particular

14appliance or item individually or by lot number. 
15(Source: P.A. 96-1551, eff. 7-1-11.)





16 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


17 Sec. 24-1. Unlawful use of weapons. 

18 (a) A person commits the offense of unlawful use of weapons 
19when
he knowingly:

20  (1) Sells, manufactures, purchases, possesses or 
21 carries any bludgeon,
black-jack, slung-shot, sand-club, 
22 sand-bag, metal knuckles or other knuckle weapon 
23 regardless of its composition, throwing star,
or any knife, 
24 commonly referred to as a switchblade knife, which has a

25 blade that opens automatically by hand pressure applied to 
 
 
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1 a button,
spring or other device in the handle of the 
2 knife, or a ballistic knife,
which is a device that propels 
3 a knifelike blade as a projectile by means
of a coil 
4 spring, elastic material or compressed gas; or

5  (2) Carries or possesses with intent to use the same 
6 unlawfully
against another, a dagger, dirk, billy, 
7 dangerous knife, razor,
stiletto, broken bottle or other 
8 piece of glass, stun gun or taser or
any other dangerous or 
9 deadly weapon or instrument of like character; or

10  (3) Carries on or about his person or in any vehicle, a 
11 tear gas gun
projector or bomb or any object containing 
12 noxious liquid gas or
substance, other than an object 
13 containing a non-lethal noxious liquid gas
or substance 
14 designed solely for personal defense carried by a person 18

15 years of age or older; or

16  (4) Carries or possesses in any vehicle or concealed on 
17 or about his
person except when on his land or in his own 
18 abode, legal dwelling, or fixed place of
business, or on 
19 the land or in the legal dwelling of another person as an 
20 invitee with that person's permission, any pistol, 
21 revolver, stun gun or taser or other firearm, except
that

22 this subsection (a) (4) does not apply to or affect 
23 transportation of weapons
that meet one of the following 
24 conditions:

25   (i) are broken down in a non-functioning state; or

26   (ii) are not immediately accessible; or

 
 
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1   (iii) are unloaded and enclosed in a case, firearm 
2 carrying box,
shipping box, or other container by a 
3 person eligible under State and federal law to possess 
4 a firearm who has been issued a currently
valid Firearm 
5 Owner's
Identification Card; or
6   (iv) are carried or possessed in accordance with 
7 the Firearm Concealed Carry Act by a person who has 
8 been issued a currently valid license under the Firearm 
9 Concealed Carry Act; or 

10  (5) Sets a spring gun; or

11  (6) Possesses any device or attachment of any kind 
12 designed, used or
intended for use in silencing the report 
13 of any firearm; or

14  (7) Sells, manufactures, purchases, possesses or 
15 carries:

16   (i) a machine gun, which shall be defined for the 
17 purposes of this
subsection as any weapon,
which 
18 shoots, is designed to shoot, or can be readily 
19 restored to shoot,
automatically more than one shot 
20 without manually reloading by a single
function of the 
21 trigger, including the frame or receiver
of any such 
22 weapon, or sells, manufactures, purchases, possesses, 
23 or
carries any combination of parts designed or 
24 intended for
use in converting any weapon into a 
25 machine gun, or any combination or
parts from which a 
26 machine gun can be assembled if such parts are in the

 
 
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1 possession or under the control of a person;

2   (ii) any rifle having one or
more barrels less than 
3 16 inches in length or a shotgun having one or more

4 barrels less than 18 inches in length or any weapon 
5 made from a rifle or
shotgun, whether by alteration, 
6 modification, or otherwise, if such a weapon
as 
7 modified has an overall length of less than 26 inches; 
8 or

9   (iii) any
bomb, bomb-shell, grenade, bottle or 
10 other container containing an
explosive substance of 
11 over one-quarter ounce for like purposes, such
as, but 
12 not limited to, black powder bombs and Molotov 
13 cocktails or
artillery projectiles; or

14  (8) Carries or possesses any firearm, stun gun or taser 
15 or other
deadly weapon in any place which is licensed to 
16 sell intoxicating
beverages, or at any public gathering 
17 held pursuant to a license issued
by any governmental body 
18 or any public gathering at which an admission
is charged, 
19 excluding a place where a showing, demonstration or lecture

20 involving the exhibition of unloaded firearms is 
21 conducted.

22  This subsection (a)(8) does not apply to any auction or 
23 raffle of a firearm
held pursuant to
a license or permit 
24 issued by a governmental body, nor does it apply to persons

25 engaged
in firearm safety training courses; or

26  (9) Carries or possesses in a vehicle or on or about 
 
 
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1 his person any
pistol, revolver, stun gun or taser or 
2 firearm or ballistic knife, when
he is hooded, robed or 
3 masked in such manner as to conceal his identity; or

4  (10) Carries or possesses on or about his person, upon 
5 any public street,
alley, or other public lands within the 
6 corporate limits of a city, village
or incorporated town, 
7 except when an invitee thereon or therein, for the
purpose 
8 of the display of such weapon or the lawful commerce in 
9 weapons, or
except when on his land or in his own abode, 
10 legal dwelling, or fixed place of business, or on the land 
11 or in the legal dwelling of another person as an invitee 
12 with that person's permission, any
pistol, revolver, stun 
13 gun or taser or other firearm, except that this
subsection 
14 (a) (10) does not apply to or affect transportation of 
15 weapons that
meet one of the following conditions:

16   (i) are broken down in a non-functioning state; or

17   (ii) are not immediately accessible; or

18   (iii) are unloaded and enclosed in a case, firearm 
19 carrying box,
shipping box, or other container by a 
20 person eligible under State and federal law to possess 
21 a firearm who has been issued a currently
valid Firearm 
22 Owner's
Identification Card; or

23   (iv) are carried or possessed in accordance with 
24 the Firearm Concealed Carry Act by a person who has 
25 been issued a currently valid license under the Firearm 
26 Concealed Carry Act. 
 
 
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1  A "stun gun or taser", as used in this paragraph (a) 
2 means (i) any device
which is powered by electrical 
3 charging units, such as, batteries, and
which fires one or 
4 several barbs attached to a length of wire and
which, upon 
5 hitting a human, can send out a current capable of 
6 disrupting
the person's nervous system in such a manner as 
7 to render him incapable of
normal functioning or (ii) any 
8 device which is powered by electrical
charging units, such 
9 as batteries, and which, upon contact with a human or

10 clothing worn by a human, can send out current capable of 
11 disrupting
the person's nervous system in such a manner as 
12 to render him incapable
of normal functioning; or

13  (11) Sells, manufactures or purchases any explosive 
14 bullet. For purposes
of this paragraph (a) "explosive 
15 bullet" means the projectile portion of
an ammunition 
16 cartridge which contains or carries an explosive charge 
17 which
will explode upon contact with the flesh of a human 
18 or an animal.
"Cartridge" means a tubular metal case having 
19 a projectile affixed at the
front thereof and a cap or 
20 primer at the rear end thereof, with the
propellant 
21 contained in such tube between the projectile and the cap; 
22 or

23  (12) (Blank); or

24  (13) Carries or possesses on or about his or her person 
25 while in a building occupied by a unit of government, a 
26 billy club, other weapon of like character, or other 
 
 
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1 instrument of like character intended for use as a weapon. 
2 For the purposes of this Section, "billy club" means a 
3 short stick or club commonly carried by police officers 
4 which is either telescopic or constructed of a solid piece 
5 of wood or other man-made material. 
6 (b) Sentence. A person convicted of a violation of 
7subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

8subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
9Class A
misdemeanor.
A person convicted of a violation of 
10subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
11person
convicted of a violation of subsection 24-1(a)(6) or 
1224-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
13convicted of a violation of subsection
24-1(a)(7)(i) commits a 
14Class 2 felony and shall be sentenced to a term of imprisonment 
15of not less than 3 years and not more than 7 years, unless the 
16weapon is possessed in the
passenger compartment of a motor 
17vehicle as defined in Section 1-146 of the
Illinois Vehicle 
18Code, or on the person, while the weapon is loaded, in which

19case it shall be a Class X felony. A person convicted of a

20second or subsequent violation of subsection 24-1(a)(4), 
2124-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
22felony. The possession of each weapon in violation of this 
23Section constitutes a single and separate violation.

24 (c) Violations in specific places.

25  (1) A person who violates subsection 24-1(a)(6) or 
26 24-1(a)(7) in any
school, regardless of the time of day or 
 
 
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1 the time of year, in residential
property owned, operated 
2 or managed by a public housing agency or
leased by
a public 
3 housing agency as part of a scattered site or mixed-income

4 development, in a
public park, in a courthouse, on the real 
5 property comprising any school,
regardless of the
time of 
6 day or the time of year, on residential property owned, 
7 operated
or
managed by a public housing agency
or leased by 
8 a public housing agency as part of a scattered site or

9 mixed-income development,
on the real property comprising 
10 any
public park, on the real property comprising any 
11 courthouse, in any conveyance
owned, leased or contracted 
12 by a school to
transport students to or from school or a 
13 school related activity, in any conveyance
owned, leased, 
14 or contracted by a public transportation agency, or on any

15 public way within 1,000 feet of the real property 
16 comprising any school,
public park, courthouse, public 
17 transportation facility, or residential property owned, 
18 operated, or managed
by a public housing agency
or leased 
19 by a public housing agency as part of a scattered site or

20 mixed-income development
commits a Class 2 felony and shall 
21 be sentenced to a term of imprisonment of not less than 3 
22 years and not more than 7 years.

23  (1.5) A person who violates subsection 24-1(a)(4), 
24 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
25 time of day or the time of year,
in residential property 
26 owned, operated, or managed by a public
housing
agency
or 
 
 
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1 leased by a public housing agency as part of a scattered 
2 site or
mixed-income development,
in
a public
park, in a 
3 courthouse, on the real property comprising any school, 
4 regardless
of the time of day or the time of year, on 
5 residential property owned,
operated, or managed by a 
6 public housing agency
or leased by a public housing agency 
7 as part of a scattered site or
mixed-income development,
on 
8 the real property
comprising any public park, on the real 
9 property comprising any courthouse, in
any conveyance 
10 owned, leased, or contracted by a school to transport 
11 students
to or from school or a school related activity, in 
12 any conveyance
owned, leased, or contracted by a public 
13 transportation agency, or on any public way within
1,000 
14 feet of the real property comprising any school, public 
15 park, courthouse,
public transportation facility, or 
16 residential property owned, operated, or managed by a 
17 public
housing agency
or leased by a public housing agency 
18 as part of a scattered site or
mixed-income development

19 commits a Class 3 felony.

20  (2) A person who violates subsection 24-1(a)(1), 
21 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
22 time of day or the time of year, in
residential property 
23 owned, operated or managed by a public housing
agency
or 
24 leased by a public housing agency as part of a scattered 
25 site or
mixed-income development,
in
a public park, in a 
26 courthouse, on the real property comprising any school,

 
 
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1 regardless of the time of day or the time of year, on 
2 residential property
owned, operated or managed by a public 
3 housing agency
or leased by a public housing agency as part 
4 of a scattered site or
mixed-income development,
on the 
5 real property
comprising any public park, on the real 
6 property comprising any courthouse, in
any conveyance 
7 owned, leased or contracted by a school to transport 
8 students
to or from school or a school related activity, in 
9 any conveyance
owned, leased, or contracted by a public 
10 transportation agency, or on any public way within
1,000 
11 feet of the real property comprising any school, public 
12 park, courthouse,
public transportation facility, or 
13 residential property owned, operated, or managed by a 
14 public
housing agency or leased by a public housing agency 
15 as part of a scattered
site or mixed-income development 
16 commits a Class 4 felony. "Courthouse"
means any building 
17 that is used by the Circuit, Appellate, or Supreme Court of

18 this State for the conduct of official business.

19  (3) Paragraphs (1), (1.5), and (2) of this subsection 
20 (c) shall not
apply to law
enforcement officers or security 
21 officers of such school, college, or
university or to 
22 students carrying or possessing firearms for use in 
23 training
courses, parades, hunting, target shooting on 
24 school ranges, or otherwise with
the consent of school 
25 authorities and which firearms are transported unloaded

26 enclosed in a suitable case, box, or transportation 
 
 
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1 package.

2  (4) For the purposes of this subsection (c), "school" 
3 means any public or
private elementary or secondary school, 
4 community college, college, or
university.

5  (5) For the purposes of this subsection (c), "public 
6 transportation agency" means a public or private agency 
7 that provides for the transportation or conveyance of

8 persons by means available to the general public, except 
9 for transportation
by automobiles not used for conveyance 
10 of the general public as passengers; and "public 
11 transportation facility" means a terminal or other place

12 where one may obtain public transportation.

13 (d) The presence in an automobile other than a public 
14omnibus of any
weapon, instrument or substance referred to in 
15subsection (a)(7) is
prima facie evidence that it is in the 
16possession of, and is being
carried by, all persons occupying 
17such automobile at the time such
weapon, instrument or 
18substance is found, except under the following
circumstances: 
19(i) if such weapon, instrument or instrumentality is
found upon 
20the person of one of the occupants therein; or (ii) if such

21weapon, instrument or substance is found in an automobile 
22operated for
hire by a duly licensed driver in the due, lawful 
23and proper pursuit of
his trade, then such presumption shall 
24not apply to the driver.

25 (e) Exemptions.
26  (1) Crossbows, Common or Compound bows and Underwater

 
 
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1 Spearguns are exempted from the definition of ballistic 
2 knife as defined in
paragraph (1) of subsection (a) of this 
3 Section.
4  (2) The provision of paragraph (1) of subsection (a) of 
5 this Section prohibiting the sale, manufacture, purchase, 
6 possession, or carrying of any knife, commonly referred to 
7 as a switchblade knife, which has a
blade that opens 
8 automatically by hand pressure applied to a button,
spring 
9 or other device in the handle of the knife, does not apply 
10 to a person who possesses a currently valid Firearm Owner's 
11 Identification Card previously issued in his or her name by 
12 the Department of State Police or to a person or an entity 
13 engaged in the business of selling or manufacturing 
14 switchblade knives. 

15(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)




16 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)


17 Sec. 24-1.1. Unlawful use or possession of weapons by 
18felons or
persons in the custody of the
Department of 
19Corrections facilities.
20 (a) It is unlawful
for a person to knowingly possess on or 
21about his person or on his land or
in his own abode or fixed 
22place of business any weapon prohibited under
Section 24-1 of 
23this Act or any firearm or any firearm ammunition if the
person 
24has been convicted of a felony under the laws of this State or 
25any
other jurisdiction. This Section shall not apply if the 
 
 
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1person has been
granted relief under this subsection by the 
2Director of the Department of State Police
under Section 10 of 
3the Firearm Owners Identification
Card Act. A person prohibited 
4from possessing a firearm under this subsection (a) may 
5petition the Director of State Police for a hearing and relief 
6from the prohibition, unless the prohibition was based upon a 
7forcible felony, stalking, aggravated stalking, domestic 
8battery, any violation of the Illinois Controlled Substances 
9Act, the Methamphetamine Control and Community Protection Act, 
10or the Cannabis Control Act that is classified as a Class 2 or 
11greater felony, any felony violation of Article 24 of the 
12Criminal Code of 1961 or the Criminal Code of 2012, or any 
13adjudication as a delinquent minor for the commission of an 
14offense that if committed by an adult would be a felony, in 
15which case the person may petition the circuit court in writing 
16in the county of his or her residence for a hearing and relief 
17from the prohibition. The Director or court may grant the 
18relief if it is established by the petitioner to the court's or 
19Director's satisfaction that:

20  (1) when in the circuit court, the State's Attorney has 
21 been served with a written copy of the petition at least 30 
22 days before any hearing in the circuit court and at the 
23 hearing the State's Attorney was afforded an opportunity to 
24 present evidence and object to the petition;
25  (2) the petitioner has not been convicted of a
forcible 
26 felony under the laws of this State or any other 
 
 
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1 jurisdiction within 20 years of the filing of the petition, 
2 or at least 20 years have passed since the end of any 
3 period of imprisonment imposed in relation to that 
4 conviction;
5  (3) the circumstances regarding a criminal
conviction, 
6 where applicable, the petitioner's criminal history and 
7 his or her reputation are such that the petitioner will not 
8 be likely to act in a manner dangerous to public safety;
9  (4) granting relief would not be contrary to the
public 
10 interest; and
11  (5) granting relief would not be contrary to federal

12 law. 
13 (b) It is unlawful for any person confined in a penal 
14institution,
which is a facility of the Illinois Department of 
15Corrections, to possess
any weapon prohibited under Section 
1624-1 of this Code or any firearm or
firearm ammunition, 
17regardless of the intent with which he possesses it.

18 (c) It shall be an affirmative defense to a violation of 
19subsection (b), that such possession was specifically 
20authorized by rule,
regulation, or directive of the Illinois 
21Department of Corrections or order
issued pursuant thereto.

22 (d) The defense of necessity is not available to a person 
23who is charged
with a violation of subsection (b) of this 
24Section.

25 (e) Sentence. Violation of this Section by a person not 
26confined
in a penal institution shall be a Class 3 felony
for 
 
 
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1which the person shall be sentenced to no less than 2 years and 
2no
more than 10 years. A second or subsequent violation of this 
3Section shall be a Class 2 felony for which the person shall be 
4sentenced to a term of imprisonment of not less than 3 years 
5and not more than 14 years, except as provided for in Section 
65-4.5-110 of the Unified Code of Corrections. Violation of this 
7Section by a person not confined in a
penal institution who has 
8been convicted of a forcible felony, a felony
violation of 
9Article 24 of this Code or of the Firearm Owners Identification

10Card Act, stalking or aggravated stalking, or a Class 2 or 
11greater felony
under the Illinois Controlled Substances Act, 
12the Cannabis Control Act, or the Methamphetamine Control and 
13Community Protection Act is a
Class 2 felony for which the 
14person
shall be sentenced to not less than 3 years and not more 
15than 14 years, except as provided for in Section 5-4.5-110 of 
16the Unified Code of Corrections.
Violation of this Section by a 
17person who is on parole or mandatory supervised
release is a 
18Class 2 felony for which the person shall be sentenced to not 
19less than 3 years and not more than 14
years, except as 
20provided for in Section 5-4.5-110 of the Unified Code of 
21Corrections. Violation of this Section by a person not confined 
22in a penal
institution is a Class X felony when the firearm 
23possessed is a machine gun.
Any person who violates this 
24Section while confined in a penal
institution, which is a 
25facility of the Illinois Department of
Corrections, is guilty 
26of a Class 1
felony, if he possesses any weapon prohibited 
 
 
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1under Section 24-1 of this
Code regardless of the intent with 
2which he possesses it, a Class X
felony if he possesses any 
3firearm, firearm ammunition or explosive, and a
Class X felony 
4for which the offender shall be sentenced to not less than 12

5years and not more than 50 years when the firearm possessed is 
6a machine
gun. A violation of this Section while wearing or in 
7possession of body armor as defined in Section 33F-1 is a Class 
8X felony punishable by a term of imprisonment of not less than 
910 years and not more than 40 years.
The possession of each 
10firearm or firearm ammunition in violation of this Section 
11constitutes a single and separate violation.

12(Source: P.A. 100-3, eff. 1-1-18.)


13 (720 ILCS 5/24-1.6)
14 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
15 (a) A person commits the offense of aggravated unlawful use 
16of a weapon when
he or she knowingly:
17  (1) Carries on or about his or her person or in any 
18 vehicle or concealed
on or about his or her person except 
19 when on his or her land or in his or her
abode, legal 
20 dwelling, or fixed place of business, or on the land or in 
21 the legal dwelling of another person as an invitee with 
22 that person's permission, any pistol, revolver, stun gun or 
23 taser or
other firearm; or
24  (2) Carries or possesses on or about his or her person, 
25 upon any public
street, alley, or other public lands within 
 
 
HB4314- 137 -LRB100 15650 RLC 30751 b


1 the corporate limits of a city,
village or incorporated 
2 town, except when an invitee thereon or therein, for
the 
3 purpose of the display of such weapon or the lawful 
4 commerce in weapons, or
except when on his or her own land 
5 or in his or her own abode, legal dwelling, or fixed place 
6 of
business, or on the land or in the legal dwelling of 
7 another person as an invitee with that person's permission, 
8 any pistol, revolver, stun gun or taser or other firearm; 
9 and
10  (3) One of the following factors is present:
11   (A) the firearm, other than a pistol, revolver, or 
12 handgun, possessed was uncased, loaded, and 
13 immediately accessible
at the time of the offense; or
14   (A-5) the pistol, revolver, or handgun possessed 
15 was uncased, loaded, and immediately accessible
at the 
16 time of the offense and the person possessing the 
17 pistol, revolver, or handgun has not been issued a 
18 currently valid license under the Firearm Concealed 
19 Carry Act; or 
20   (B) the firearm, other than a pistol, revolver, or 
21 handgun, possessed was uncased, unloaded, and the 
22 ammunition for
the weapon was immediately accessible 
23 at the time of the offense; or
24   (B-5) the pistol, revolver, or handgun possessed 
25 was uncased, unloaded, and the ammunition for
the 
26 weapon was immediately accessible at the time of the 
 
 
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1 offense and the person possessing the pistol, 
2 revolver, or handgun has not been issued a currently 
3 valid license under the Firearm Concealed Carry Act; or 
4   (C) (blank); or the person possessing the firearm 
5 has not been issued a currently
valid Firearm Owner's 
6 Identification Card; or
7   (D) the person possessing the weapon was 
8 previously adjudicated
a delinquent minor under the 
9 Juvenile Court Act of 1987 for an act that if
committed 
10 by an adult would be a felony; or
11   (E) the person possessing the weapon was engaged in 
12 a misdemeanor
violation of the Cannabis
Control Act, in 
13 a misdemeanor violation of the Illinois Controlled 
14 Substances
Act, or in a misdemeanor violation of the 
15 Methamphetamine Control and Community Protection Act; 
16 or
17   (F) (blank); or
18   (G) the person possessing the weapon had an order 
19 of protection issued
against him or her within the 
20 previous 2 years; or
21   (H) the person possessing the weapon was engaged in 
22 the commission or
attempted commission of
a 
23 misdemeanor involving the use or threat of violence 
24 against
the person or property of another; or
25   (I) the person possessing the weapon was under 21 
26 years of age and in
possession of a handgun, unless the 
 
 
HB4314- 139 -LRB100 15650 RLC 30751 b


1 person under 21
is engaged in lawful activities under 
2 the Wildlife Code or described in
subsection 
3 24-2(b)(1), (b)(3), or 24-2(f).
4 (a-5) "Handgun" as used in this Section has the meaning 
5given to it in Section 5 of the Firearm Concealed Carry Act. 
6 (b) "Stun gun or taser" as used in this Section has the 
7same definition
given to it in Section 24-1 of this Code.
8 (c) This Section does not apply to or affect the 
9transportation or
possession
of weapons that:
10  (i) are broken down in a non-functioning state; or
11  (ii) are not immediately accessible; or
12  (iii) are unloaded and enclosed in a case, firearm 
13 carrying box,
shipping box, or other container by a person 
14 who is eligible under State and federal law to possess a 
15 firearm has been issued a currently
valid Firearm Owner's

16 Identification Card.
17 (d) Sentence.
18  (1) Aggravated unlawful use of a weapon is a Class 4 
19 felony;
a second or subsequent offense is a Class 2 felony 
20 for which the person shall be sentenced to a term of 
21 imprisonment of not less than 3 years and not more than 7 
22 years, except as provided for in Section 5-4.5-110 of the 
23 Unified Code of Corrections. 
24  (2) (Blank). Except as otherwise provided in 
25 paragraphs (3) and (4) of this subsection (d), a first 
26 offense of aggravated unlawful use of a weapon committed 
 
 
HB4314- 140 -LRB100 15650 RLC 30751 b


1 with a firearm by a person 18 years of age or older where 
2 the factors listed in both items (A) and (C) or both items 
3 (A-5) and (C) of paragraph (3) of subsection (a) are 
4 present is a Class 4 felony, for which the person shall be 
5 sentenced to a term of imprisonment of not less than one 
6 year and not more than 3 years.
7  (3) Aggravated unlawful use of
a weapon by a person who 
8 has been previously
convicted of a felony in this State or 
9 another jurisdiction is a Class 2
felony for which the 
10 person shall be sentenced to a term of imprisonment of not 
11 less than 3 years and not more than 7 years, except as 
12 provided for in Section 5-4.5-110 of the Unified Code of 
13 Corrections. 
14  (4) Aggravated unlawful use of a weapon while wearing 
15 or in possession of body armor as defined in Section 33F-1 
16 by a person who is prohibited under State or federal law 
17 from possessing a firearm has not been issued a valid 
18 Firearms Owner's Identification Card in accordance with 
19 Section 5 of the Firearm Owners Identification Card Act is 
20 a Class X felony.

21 (e) The possession of each firearm in violation of this 
22Section constitutes a single and separate violation.
23(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

24 (720 ILCS 5/24-1.8)
25 Sec. 24-1.8. Unlawful possession of a firearm by a street 
 
 
HB4314- 141 -LRB100 15650 RLC 30751 b


1gang member.
2 (a) A person
commits unlawful possession of a firearm by a 
3street gang member when he or she knowingly:
4  (1) possesses, carries, or conceals on or about his or 
5 her person a firearm and firearm ammunition while on any 
6 street, road, alley, gangway, sidewalk, or any other lands, 
7 except when inside his or her own abode or inside his or 
8 her fixed place of business, and has not been issued a 
9 currently valid Firearm Owner's Identification Card and is 
10 a member of a street gang; or
11  (2) possesses or carries in any vehicle a firearm and 
12 firearm ammunition which are both immediately accessible 
13 at the time of the offense while on any street, road, 
14 alley, or any other lands, except when inside his or her 
15 own abode or garage, and has not been issued a currently 
16 valid Firearm Owner's Identification Card and is a member 
17 of a street gang.
18 (b) Unlawful possession of a firearm by a street gang 
19member is a Class 2 felony for which the person, if sentenced 
20to a term of imprisonment, shall be sentenced to no less than 3 
21years and no more than 10 years. A period of probation, a term 
22of periodic imprisonment or conditional discharge shall not be 
23imposed for the offense of unlawful possession of a firearm by 
24a street gang member when the firearm was loaded or contained 
25firearm ammunition and the court shall sentence the offender to 
26not less than the minimum term of imprisonment authorized for 
 
 
HB4314- 142 -LRB100 15650 RLC 30751 b


1the Class 2 felony.
2 (c) For purposes of this Section:
3  "Street gang" or "gang" has the meaning ascribed to it 
4 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
5 Prevention Act.
6  "Street gang member" or "gang member" has the meaning 
7 ascribed to it in Section 10 of the Illinois Streetgang 
8 Terrorism Omnibus Prevention Act.

9(Source: P.A. 96-829, eff. 12-3-09.)


10 (720 ILCS 5/24-2)



11 Sec. 24-2. Exemptions. 

12 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
1324-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
14the following:

15  (1) Peace officers, and any person summoned by a peace 
16 officer to
assist in making arrests or preserving the 
17 peace, while actually engaged in
assisting such officer.

18  (2) Wardens, superintendents and keepers of prisons,

19 penitentiaries, jails and other institutions for the 
20 detention of persons
accused or convicted of an offense, 
21 while in the performance of their
official duty, or while 
22 commuting between their homes and places of employment.

23  (3) Members of the Armed Services or Reserve Forces of 
24 the United States
or the Illinois National Guard or the 
25 Reserve Officers Training Corps,
while in the performance 
 
 
HB4314- 143 -LRB100 15650 RLC 30751 b


1 of their official duty.

2  (4) Special agents employed by a railroad or a public 
3 utility to
perform police functions, and guards of armored 
4 car companies, while
actually engaged in the performance of 
5 the duties of their employment or
commuting between their 
6 homes and places of employment; and watchmen
while actually 
7 engaged in the performance of the duties of their 
8 employment.

9  (5) Persons licensed as private security contractors, 
10 private
detectives, or private alarm contractors, or 
11 employed by a private security contractor, private 
12 detective, or private alarm contractor agency licensed
by 
13 the Department of Financial and Professional Regulation, 
14 if their duties
include the carrying of a weapon under the 
15 provisions of the Private
Detective, Private Alarm,

16 Private Security, Fingerprint Vendor, and Locksmith Act of 
17 2004,
while actually
engaged in the performance of the 
18 duties of their employment or commuting
between their homes 
19 and places of employment. A person shall be considered 
20 eligible for this
exemption if he or she has completed the 
21 required 20
hours of training for a private security 
22 contractor, private
detective, or private alarm 
23 contractor, or employee of a licensed private security 
24 contractor, private detective, or private alarm contractor 
25 agency and 20 hours of required firearm
training, and has 
26 been issued a firearm control card by
the Department of 
 
 
HB4314- 144 -LRB100 15650 RLC 30751 b


1 Financial and Professional Regulation. Conditions for the 
2 renewal of
firearm control cards issued under the 
3 provisions of this Section
shall be the same as for those 
4 cards issued under the provisions of the
Private Detective, 
5 Private Alarm,
Private Security, Fingerprint Vendor, and 
6 Locksmith Act of 2004. The
firearm control card shall be 
7 carried by the private security contractor, private

8 detective, or private alarm contractor, or employee of the 
9 licensed private security contractor, private detective, 
10 or private alarm contractor agency at all
times when he or 
11 she is in possession of a concealable weapon permitted by 
12 his or her firearm control card.

13  (6) Any person regularly employed in a commercial or 
14 industrial
operation as a security guard for the protection 
15 of persons employed
and private property related to such 
16 commercial or industrial
operation, while actually engaged 
17 in the performance of his or her
duty or traveling between 
18 sites or properties belonging to the
employer, and who, as 
19 a security guard, is a member of a security force 
20 registered with the Department of Financial and 
21 Professional
Regulation; provided that such security guard 
22 has successfully completed a
course of study, approved by 
23 and supervised by the Department of
Financial and 
24 Professional Regulation, consisting of not less than 40 
25 hours of training
that includes the theory of law 
26 enforcement, liability for acts, and the
handling of 
 
 
HB4314- 145 -LRB100 15650 RLC 30751 b


1 weapons. A person shall be considered eligible for this

2 exemption if he or she has completed the required 20
hours 
3 of training for a security officer and 20 hours of required 
4 firearm
training, and has been issued a firearm control 
5 card by
the Department of Financial and Professional 
6 Regulation. Conditions for the renewal of
firearm control 
7 cards issued under the provisions of this Section
shall be 
8 the same as for those cards issued under the provisions of 
9 the
Private Detective, Private Alarm,
Private Security, 
10 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
11 control card shall be carried by the security guard at all

12 times when he or she is in possession of a concealable 
13 weapon permitted by his or her firearm control card.

14  (7) Agents and investigators of the Illinois 
15 Legislative Investigating
Commission authorized by the 
16 Commission to carry the weapons specified in
subsections 
17 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

18 any investigation for the Commission.

19  (8) Persons employed by a financial institution as a 
20 security guard for the protection of
other employees and 
21 property related to such financial institution, while

22 actually engaged in the performance of their duties, 
23 commuting between
their homes and places of employment, or 
24 traveling between sites or
properties owned or operated by 
25 such financial institution, and who, as a security guard, 
26 is a member of a security force registered with the 
 
 
HB4314- 146 -LRB100 15650 RLC 30751 b


1 Department; provided that
any person so employed has 
2 successfully completed a course of study,
approved by and 
3 supervised by the Department of Financial and Professional 
4 Regulation,
consisting of not less than 40 hours of 
5 training which includes theory of
law enforcement, 
6 liability for acts, and the handling of weapons.
A person 
7 shall be considered to be eligible for this exemption if he 
8 or
she has completed the required 20 hours of training for 
9 a security officer
and 20 hours of required firearm 
10 training, and has been issued a
firearm control card by the 
11 Department of Financial and Professional Regulation.

12 Conditions for renewal of firearm control cards issued 
13 under the
provisions of this Section shall be the same as 
14 for those issued under the
provisions of the Private 
15 Detective, Private Alarm,
Private Security, Fingerprint 
16 Vendor, and Locksmith Act of 2004. The
firearm control card 
17 shall be carried by the security guard at all times when he 
18 or she is in possession of a concealable
weapon permitted 
19 by his or her firearm control card. For purposes of this 
20 subsection, "financial institution" means a
bank, savings 
21 and loan association, credit union or company providing

22 armored car services.

23  (9) Any person employed by an armored car company to 
24 drive an armored
car, while actually engaged in the 
25 performance of his duties.

26  (10) Persons who have been classified as peace officers 
 
 
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1 pursuant
to the Peace Officer Fire Investigation Act.

2  (11) Investigators of the Office of the State's 
3 Attorneys Appellate
Prosecutor authorized by the board of 
4 governors of the Office of the
State's Attorneys Appellate 
5 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
6 State's Attorneys Appellate Prosecutor's Act.

7  (12) Special investigators appointed by a State's 
8 Attorney under
Section 3-9005 of the Counties Code.

9  (12.5) Probation officers while in the performance of 
10 their duties, or
while commuting between their homes, 
11 places of employment or specific locations
that are part of 
12 their assigned duties, with the consent of the chief judge 
13 of
the circuit for which they are employed, if they have 
14 received weapons training according
to requirements of the 
15 Peace Officer and Probation Officer Firearm Training Act.

16  (13) Court Security Officers while in the performance 
17 of their official
duties, or while commuting between their 
18 homes and places of employment, with
the
consent of the 
19 Sheriff.

20  (13.5) A person employed as an armed security guard at 
21 a nuclear energy,
storage, weapons or development site or 
22 facility regulated by the Nuclear
Regulatory Commission 
23 who has completed the background screening and training

24 mandated by the rules and regulations of the Nuclear 
25 Regulatory Commission.

26  (14) Manufacture, transportation, or sale of weapons 
 
 
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1 to
persons
authorized under subdivisions (1) through 
2 (13.5) of this
subsection
to
possess those weapons.

3 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
4to
or affect any person carrying a concealed pistol, revolver, 
5or handgun and the person has been issued a currently valid 
6license under the Firearm Concealed Carry Act at the time of 
7the commission of the offense. 
8 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
924-1.6 do not
apply to or affect
any of the following:

10  (1) Members of any club or organization organized for 
11 the purpose of
practicing shooting at targets upon 
12 established target ranges, whether
public or private, and 
13 patrons of such ranges, while such members
or patrons are 
14 using their firearms on those target ranges.

15  (2) Duly authorized military or civil organizations 
16 while parading,
with the special permission of the 
17 Governor.

18  (3) Hunters, trappers or fishermen with a license or

19 permit while engaged in hunting,
trapping or fishing.

20  (4) Transportation of weapons that are broken down in a

21 non-functioning state or are not immediately accessible.

22  (5) Carrying or possessing any pistol, revolver, stun 
23 gun or taser or other firearm on the land or in the legal 
24 dwelling of another person as an invitee with that person's 
25 permission. 
26 (c) Subsection 24-1(a)(7) does not apply to or affect any 
 
 
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1of the
following:

2  (1) Peace officers while in performance of their 
3 official duties.

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  (3) Members of the Armed Services or Reserve Forces of 
8 the United States
or the Illinois National Guard, while in 
9 the performance of their official
duty.

10  (4) Manufacture, transportation, or sale of machine 
11 guns to persons
authorized under subdivisions (1) through 
12 (3) of this subsection to
possess machine guns, if the 
13 machine guns are broken down in a
non-functioning state or 
14 are not immediately accessible.

15  (5) Persons licensed under federal law to manufacture 
16 any weapon from
which 8 or more shots or bullets can be 
17 discharged by a
single function of the firing device, or 
18 ammunition for such weapons, and
actually engaged in the 
19 business of manufacturing such weapons or
ammunition, but 
20 only with respect to activities which are within the lawful

21 scope of such business, such as the manufacture, 
22 transportation, or testing
of such weapons or ammunition. 
23 This exemption does not authorize the
general private 
24 possession of any weapon from which 8 or more
shots or 
25 bullets can be discharged by a single function of the 
26 firing
device, but only such possession and activities as 
 
 
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1 are within the lawful
scope of a licensed manufacturing 
2 business described in this paragraph.

3  During transportation, such weapons shall be broken 
4 down in a
non-functioning state or not immediately 
5 accessible.

6  (6) The manufacture, transport, testing, delivery, 
7 transfer or sale,
and all lawful commercial or experimental 
8 activities necessary thereto, of
rifles, shotguns, and 
9 weapons made from rifles or shotguns,
or ammunition for 
10 such rifles, shotguns or weapons, where engaged in
by a 
11 person operating as a contractor or subcontractor pursuant 
12 to a
contract or subcontract for the development and supply 
13 of such rifles,
shotguns, weapons or ammunition to the 
14 United States government or any
branch of the Armed Forces 
15 of the United States, when such activities are
necessary 
16 and incident to fulfilling the terms of such contract.

17  The exemption granted under this subdivision (c)(6)

18 shall also apply to any authorized agent of any such 
19 contractor or
subcontractor who is operating within the 
20 scope of his employment, where
such activities involving 
21 such weapon, weapons or ammunition are necessary
and 
22 incident to fulfilling the terms of such contract.

23  (7) A person possessing a rifle with a barrel or 
24 barrels less than 16 inches in length if: (A) the person 
25 has been issued a Curios and Relics license from the U.S. 
26 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) 
 
 
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1 the person is an active member of a bona fide, nationally 
2 recognized military re-enacting group and the modification 
3 is required and necessary to accurately portray the weapon 
4 for historical re-enactment purposes; the re-enactor is in 
5 possession of a valid and current re-enacting group 
6 membership credential; and the overall length of the weapon 
7 as modified is not less than 26 inches.
8 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
9possession
or carrying of a black-jack or slung-shot by a peace 
10officer.

11 (e) Subsection 24-1(a)(8) does not apply to any owner, 
12manager or
authorized employee of any place specified in that 
13subsection nor to any
law enforcement officer.

14 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
15Section 24-1.6
do not apply
to members of any club or 
16organization organized for the purpose of practicing
shooting 
17at targets upon established target ranges, whether public or 
18private,
while using their firearms on those target ranges.

19 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
20to:

21  (1) Members of the Armed Services or Reserve Forces of 
22 the United
States or the Illinois National Guard, while in 
23 the performance of their
official duty.

24  (2) Bonafide collectors of antique or surplus military 
25 ordnance.

26  (3) Laboratories having a department of forensic 
 
 
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1 ballistics, or
specializing in the development of 
2 ammunition or explosive ordnance.

3  (4) Commerce, preparation, assembly or possession of 
4 explosive
bullets by manufacturers of ammunition licensed 
5 by the federal government,
in connection with the supply of 
6 those organizations and persons exempted
by subdivision 
7 (g)(1) of this Section, or like organizations and persons

8 outside this State, or the transportation of explosive 
9 bullets to any
organization or person exempted in this 
10 Section by a common carrier or by a
vehicle owned or leased 
11 by an exempted manufacturer.

12 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
13persons licensed
under federal law to manufacture any device or 
14attachment of any kind designed,
used, or intended for use in 
15silencing the report of any firearm, firearms, or
ammunition

16for those firearms equipped with those devices, and actually 
17engaged in the
business of manufacturing those devices, 
18firearms, or ammunition, but only with
respect to
activities 
19that are within the lawful scope of that business, such as the

20manufacture, transportation, or testing of those devices, 
21firearms, or
ammunition. This
exemption does not authorize the 
22general private possession of any device or
attachment of any 
23kind designed, used, or intended for use in silencing the

24report of any firearm, but only such possession and activities 
25as are within
the
lawful scope of a licensed manufacturing 
26business described in this subsection
(g-5). During 
 
 
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1transportation, these devices shall be detached from any weapon

2or
not immediately accessible.

3 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

424-1.6 do not apply to
or affect any parole agent or parole 
5supervisor who meets the qualifications and conditions 
6prescribed in Section 3-14-1.5 of the Unified Code of 
7Corrections. 
8 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
9officer while serving as a member of a tactical response team 
10or special operations team. A peace officer may not personally 
11own or apply for ownership of a device or attachment of any 
12kind designed, used, or intended for use in silencing the 
13report of any firearm. These devices shall be owned and 
14maintained by lawfully recognized units of government whose 
15duties include the investigation of criminal acts.
16 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
1724-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
18athlete's possession, transport on official Olympic and 
19Paralympic transit systems established for athletes, or use of 
20competition firearms sanctioned by the International Olympic 
21Committee, the International Paralympic Committee, the 
22International Shooting Sport Federation, or USA Shooting in 
23connection with such athlete's training for and participation 
24in shooting competitions at the 2016 Olympic and Paralympic 
25Games and sanctioned test events leading up to the 2016 Olympic 
26and Paralympic Games. 
 
 
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1 (h) An information or indictment based upon a violation of 
2any
subsection of this Article need not negative any exemptions 
3contained in
this Article. The defendant shall have the burden 
4of proving such an
exemption.

5 (i) Nothing in this Article shall prohibit, apply to, or 
6affect
the transportation, carrying, or possession, of any 
7pistol or revolver,
stun gun, taser, or other firearm consigned 
8to a common carrier operating
under license of the State of 
9Illinois or the federal government, where
such transportation, 
10carrying, or possession is incident to the lawful

11transportation in which such common carrier is engaged; and 
12nothing in this
Article shall prohibit, apply to, or affect the 
13transportation, carrying,
or possession of any pistol, 
14revolver, stun gun, taser, or other firearm,
not the subject of 
15and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
16this Article, which is unloaded and enclosed in a case, firearm

17carrying box, shipping box, or other container, by a person 
18eligible under State and federal law to possess a firearm the 
19possessor of a valid
Firearm Owners Identification Card.

20(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)



21 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


22 Sec. 24-3. Unlawful sale or delivery of firearms. 

23 (A) A person commits the offense of unlawful sale or 
24delivery of firearms when he
or she knowingly does any of the 
25following:

 
 
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1  (a) Sells or gives any firearm of a size which may be 
2 concealed upon the
person to any person under 18 years of 
3 age.

4  (b) Sells or gives any firearm to a person under 21 
5 years of age who has
been convicted of a misdemeanor other 
6 than a traffic offense or adjudged
delinquent.

7  (c) Sells or gives any firearm to any narcotic addict.

8  (d) Sells or gives any firearm to any person who has 
9 been convicted of a
felony under the laws of this or any 
10 other jurisdiction.

11  (e) Sells or gives any firearm to any person who has 
12 been a patient in a
mental institution within the past 5 
13 years. In this subsection (e):
14   "Mental institution" means any hospital, 
15 institution, clinic, evaluation facility, mental 
16 health center, or part thereof, which is used primarily 
17 for the care or treatment of persons with mental 
18 illness. 
19   "Patient in a mental institution" means the person 
20 was admitted, either voluntarily or involuntarily, to 
21 a mental institution for mental health treatment, 
22 unless the treatment was voluntary and solely for an 
23 alcohol abuse disorder and no other secondary 
24 substance abuse disorder or mental illness.

25  (f) Sells or gives any firearms to any person who is a 
26 person with an intellectual disability.

 
 
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1  (g) Delivers any firearm of a size which may be 
2 concealed upon the
person, incidental to a sale, without 
3 withholding delivery of such firearm
for at least 72 hours 
4 after application for its purchase has been made, or

5 delivers any rifle, shotgun or other long gun, or a stun 
6 gun or taser, incidental to a sale,
without withholding 
7 delivery of such rifle, shotgun or other long gun, or a 
8 stun gun or taser for
at least 24 hours after application 
9 for its purchase has been made.
However,
this paragraph (g) 
10 does not apply to: (1) the sale of a firearm
to a law 
11 enforcement officer if the seller of the firearm knows that 
12 the person to whom he or she is selling the firearm is a 
13 law enforcement officer or the sale of a firearm to a 
14 person who desires to purchase a firearm for
use in 
15 promoting the public interest incident to his or her 
16 employment as a
bank guard, armed truck guard, or other 
17 similar employment; (2) a mail
order sale of a firearm from 
18 a federally licensed firearms dealer to a nonresident of 
19 Illinois under which the firearm
is mailed to a federally 
20 licensed firearms dealer outside the boundaries of 
21 Illinois; (3) the sale
of a firearm to a nonresident of 
22 Illinois while at a firearm showing or display
recognized 
23 by the Illinois Department of State Police; (4) the sale of 
24 a
firearm to a dealer licensed as a federal firearms dealer 
25 under Section 923
of the federal Gun Control Act of 1968 
26 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, 
 
 
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1 shotgun, or other long gun to a resident registered 
2 competitor or attendee or non-resident registered 
3 competitor or attendee by any dealer licensed as a federal 
4 firearms dealer under Section 923 of the federal Gun 
5 Control Act of 1968 at competitive shooting events held at 
6 the World Shooting Complex sanctioned by a national 
7 governing body. For purposes of transfers or sales under 
8 subparagraph (5) of this paragraph (g), the Department of 
9 Natural Resources shall give notice to the Department of 
10 State Police at least 30 calendar days prior to any 
11 competitive shooting events at the World Shooting Complex 
12 sanctioned by a national governing body. The notification 
13 shall be made on a form prescribed by the Department of 
14 State Police. The sanctioning body shall provide a list of 
15 all registered competitors and attendees at least 24 hours 
16 before the events to the Department of State Police. Any 
17 changes to the list of registered competitors and attendees 
18 shall be forwarded to the Department of State Police as 
19 soon as practicable. The Department of State Police must 
20 destroy the list of registered competitors and attendees no 
21 later than 30 days after the date of the event. Nothing in 
22 this paragraph (g) relieves a federally licensed firearm 
23 dealer from the requirements of conducting a NICS 
24 background check through the Illinois Point of Contact 
25 under 18 U.S.C. 922(t). For purposes of this paragraph (g), 
26 "application" means when the buyer and seller reach an 
 
 
HB4314- 158 -LRB100 15650 RLC 30751 b


1 agreement to purchase a firearm.
For purposes of this 
2 paragraph (g), "national governing body" means a group of 
3 persons who adopt rules and formulate policy on behalf of a 
4 national firearm sporting organization. 

5  (h) While holding any license
as a dealer,
importer, 
6 manufacturer or pawnbroker
under the federal Gun Control 
7 Act of 1968,
manufactures, sells or delivers to any 
8 unlicensed person a handgun having
a barrel, slide, frame 
9 or receiver which is a die casting of zinc alloy or
any 
10 other nonhomogeneous metal which will melt or deform at a 
11 temperature
of less than 800 degrees Fahrenheit. For 
12 purposes of this paragraph, (1)
"firearm" is defined as in 
13 the Firearm Owners Identification Card Act; and (2)

14 "handgun" is defined as a firearm designed to be held
and 
15 fired by the use of a single hand, and includes a 
16 combination of parts from
which such a firearm can be 
17 assembled.

18  (i) Sells or gives a firearm of any size to any person 
19 under 18 years of
age who is not eligible under State or 
20 federal law to possess a firearm does not possess a valid 
21 Firearm Owner's Identification Card.

22  (j) Sells or gives a firearm while engaged in the 
23 business of selling
firearms at wholesale or retail without 
24 being licensed as a federal firearms
dealer under Section 
25 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
26 In this paragraph (j):

 
 
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1  A person "engaged in the business" means a person who 
2 devotes time,
attention, and
labor to
engaging in the 
3 activity as a regular course of trade or business with the

4 principal objective of livelihood and profit, but does not 
5 include a person who
makes occasional repairs of firearms 
6 or who occasionally fits special barrels,
stocks, or 
7 trigger mechanisms to firearms.

8  "With the principal objective of livelihood and 
9 profit" means that the
intent
underlying the sale or 
10 disposition of firearms is predominantly one of
obtaining 
11 livelihood and pecuniary gain, as opposed to other intents, 
12 such as
improving or liquidating a personal firearms 
13 collection; however, proof of
profit shall not be required 
14 as to a person who engages in the regular and
repetitive 
15 purchase and disposition of firearms for criminal purposes 
16 or
terrorism.

17  (k) (Blank). Sells or transfers ownership of a firearm 
18 to a person who does not display to the seller or 
19 transferor of the firearm either: (1) a currently valid 
20 Firearm Owner's Identification Card that has previously 
21 been issued in the transferee's name by the Department of 
22 State Police under the provisions of the Firearm Owners 
23 Identification Card Act; or (2) a currently valid license 
24 to carry a concealed firearm that has previously been 
25 issued in the transferee's name by the
Department of State 
26 Police under the Firearm Concealed Carry Act. This 
 
 
HB4314- 160 -LRB100 15650 RLC 30751 b


1 paragraph (k) does not apply to the transfer of a firearm 
2 to a person who is exempt from the requirement of 
3 possessing a Firearm Owner's Identification Card under 
4 Section 2 of the Firearm Owners Identification Card Act. 
5 For the purposes of this Section, a currently valid Firearm 
6 Owner's Identification Card means (i) a Firearm Owner's 
7 Identification Card that has not expired or (ii) an 
8 approval number issued in accordance with subsection 
9 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners 
10 Identification Card Act shall be proof that the Firearm 
11 Owner's Identification Card was valid.
12   (1) (Blank). In addition to the other requirements 
13 of this paragraph (k), all persons who are not 
14 federally licensed firearms dealers must also have 
15 complied with subsection (a-10) of Section 3 of the 
16 Firearm Owners Identification Card Act by determining 
17 the validity of a purchaser's Firearm Owner's 
18 Identification Card.
19   (2) (Blank). All sellers or transferors who have 
20 complied with the requirements of subparagraph (1) of 
21 this paragraph (k) shall not be liable for damages in 
22 any civil action arising from the use or misuse by the 
23 transferee of the firearm transferred, except for 
24 willful or wanton misconduct on the part of the seller 
25 or transferor. 
26  (l) Not
being entitled to the possession of a firearm, 
 
 
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1 delivers the
firearm, knowing it to have been stolen or 
2 converted. It may be inferred that
a person who possesses a 
3 firearm with knowledge that its serial number has
been 
4 removed or altered has knowledge that the firearm is stolen 
5 or converted. 
6 (B) Paragraph (h) of subsection (A) does not include 
7firearms sold within 6
months after enactment of Public
Act 
878-355 (approved August 21, 1973, effective October 1, 1973), 
9nor is any
firearm legally owned or
possessed by any citizen or 
10purchased by any citizen within 6 months after the
enactment of 
11Public Act 78-355 subject
to confiscation or seizure under the 
12provisions of that Public Act. Nothing in
Public Act 78-355 
13shall be construed to prohibit the gift or trade of
any firearm 
14if that firearm was legally held or acquired within 6 months 
15after
the enactment of that Public Act.

16 (C) Sentence.

17  (1) Any person convicted of unlawful sale or delivery 
18 of firearms in violation of
paragraph (c), (e), (f), (g), 
19 or (h) of subsection (A) commits a Class
4
felony.

20  (2) Any person convicted of unlawful sale or delivery 
21 of firearms in violation of
paragraph (b) or (i) of 
22 subsection (A) commits a Class 3 felony.

23  (3) Any person convicted of unlawful sale or delivery 
24 of firearms in violation of
paragraph (a) of subsection (A) 
25 commits a Class 2 felony.

26  (4) Any person convicted of unlawful sale or delivery 
 
 
HB4314- 162 -LRB100 15650 RLC 30751 b


1 of firearms in violation of
paragraph (a), (b), or (i) of 
2 subsection (A) in any school, on the real
property 
3 comprising a school, within 1,000 feet of the real property 
4 comprising
a school, at a school related activity, or on or 
5 within 1,000 feet of any
conveyance owned, leased, or 
6 contracted by a school or school district to
transport 
7 students to or from school or a school related activity,

8 regardless of the time of day or time of year at which the 
9 offense
was committed, commits a Class 1 felony. Any person 
10 convicted of a second
or subsequent violation of unlawful 
11 sale or delivery of firearms in violation of paragraph
(a), 
12 (b), or (i) of subsection (A) in any school, on the real 
13 property
comprising a school, within 1,000 feet of the real 
14 property comprising a
school, at a school related activity, 
15 or on or within 1,000 feet of any
conveyance owned, leased, 
16 or contracted by a school or school district to
transport 
17 students to or from school or a school related activity,

18 regardless of the time of day or time of year at which the 
19 offense
was committed, commits a Class 1 felony for which 
20 the sentence shall be a
term of imprisonment of no less 
21 than 5 years and no more than 15 years.

22  (5) Any person convicted of unlawful sale or delivery 
23 of firearms in violation of
paragraph (a) or (i) of 
24 subsection (A) in residential property owned,
operated, or 
25 managed by a public housing agency or leased by a public 
26 housing
agency as part of a scattered site or mixed-income 
 
 
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1 development, in a public
park, in a
courthouse, on 
2 residential property owned, operated, or managed by a 
3 public
housing agency or leased by a public housing agency 
4 as part of a scattered site
or mixed-income development, on 
5 the real property comprising any public park,
on the real

6 property comprising any courthouse, or on any public way 
7 within 1,000 feet
of the real property comprising any 
8 public park, courthouse, or residential
property owned, 
9 operated, or managed by a public housing agency or leased 
10 by a
public housing agency as part of a scattered site or 
11 mixed-income development
commits a
Class 2 felony.

12  (6) Any person convicted of unlawful sale or delivery 
13 of firearms in violation of
paragraph (j) of subsection (A) 
14 commits a Class A misdemeanor. A second or
subsequent 
15 violation is a Class 4 felony.
16  (7) (Blank). Any person convicted of unlawful sale or 
17 delivery of firearms in violation of paragraph (k) of 
18 subsection (A) commits a Class 4 felony, except that a 
19 violation of subparagraph (1) of paragraph (k) of 
20 subsection (A) shall not be punishable as a crime or petty 
21 offense. A third or subsequent conviction for a violation 
22 of paragraph (k) of subsection (A) is a Class 1 felony.


23  (8) A person 18 years of age or older convicted of 
24 unlawful sale or delivery of firearms in violation of 
25 paragraph (a) or (i) of subsection (A), when the firearm 
26 that was sold or given to another person under 18 years of 
 
 
HB4314- 164 -LRB100 15650 RLC 30751 b


1 age was used in the commission of or attempt to commit a 
2 forcible felony, shall be fined or imprisoned, or both, not 
3 to exceed the maximum provided for the most serious 
4 forcible felony so committed or attempted by the person 
5 under 18 years of age who was sold or given the firearm. 
6  (9) Any person convicted of unlawful sale or delivery 
7 of firearms in violation of
paragraph (d) of subsection (A) 
8 commits a Class 3 felony.
9  (10) Any person convicted of unlawful sale or delivery 
10 of firearms in violation of paragraph (l) of subsection (A) 
11 commits a Class 2 felony if the delivery is of one firearm. 
12 Any person convicted of unlawful sale or delivery of 
13 firearms in violation of paragraph (l) of subsection (A) 
14 commits a Class 1 felony if the delivery is of not less 
15 than 2 and not more than 5 firearms at the
same time or 
16 within a one year period. Any person convicted of unlawful 
17 sale or delivery of firearms in violation of paragraph (l) 
18 of subsection (A) commits a Class X felony for which he or 
19 she shall be sentenced
to a term of imprisonment of not 
20 less than 6 years and not more than 30
years if the 
21 delivery is of not less than 6 and not more than 10 
22 firearms at the
same time or within a 2 year period. Any 
23 person convicted of unlawful sale or delivery of firearms 
24 in violation of paragraph (l) of subsection (A) commits a 
25 Class X felony for which he or she shall be sentenced
to a 
26 term of imprisonment of not less than 6 years and not more 
 
 
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1 than 40
years if the delivery is of not less than 11 and 
2 not more than 20 firearms at the
same time or within a 3 
3 year period. Any person convicted of unlawful sale or 
4 delivery of firearms in violation of paragraph (l) of 
5 subsection (A) commits a Class X felony for which he or she 
6 shall be sentenced
to a term of imprisonment of not less 
7 than 6 years and not more than 50
years if the delivery is 
8 of not less than 21 and not more than 30 firearms at the

9 same time or within a 4 year period. Any person convicted 
10 of unlawful sale or delivery of firearms in violation of 
11 paragraph (l) of subsection (A) commits a Class X felony 
12 for which he or she shall be sentenced
to a term of 
13 imprisonment of not less than 6 years and not more than 60

14 years if the delivery is of 31 or more firearms at the
same 
15 time or within a 5 year period. 
16 (D) For purposes of this Section:

17 "School" means a public or private elementary or secondary 
18school,
community college, college, or university.

19 "School related activity" means any sporting, social, 
20academic, or
other activity for which students' attendance or 
21participation is sponsored,
organized, or funded in whole or in 
22part by a school or school district.

23 (E) A prosecution for a violation of paragraph (k) of 
24subsection (A) of this Section may be commenced within 6 years 
25after the commission of the offense. A prosecution for a 
26violation of this Section other than paragraph (g) of 
 
 
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1subsection (A) of this Section may be commenced within 5 years 
2after the commission of the offense defined in the particular 
3paragraph.

4(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; 
599-143, eff. 7-27-15; 99-642, eff. 7-28-16.)


6 (720 ILCS 5/24-3B)
7 Sec. 24-3B. Firearms trafficking.
8 (a) A person commits firearms trafficking when he or she 
9has not been issued a currently valid Firearm Owner's 
10Identification Card and knowingly:
11  (1) brings, or causes to be brought, into this State, a 
12 firearm or firearm ammunition for the purpose of sale, 
13 delivery, or transfer to any other person or with the 
14 intent to sell, deliver, or transfer the firearm or firearm 
15 ammunition to any other person; or
16  (2) brings, or causes to be brought, into this State, a 
17 firearm and firearm ammunition for the purpose of sale, 
18 delivery, or transfer to any other person or with the 
19 intent to sell, deliver, or transfer the firearm and 
20 firearm ammunition to any other person.
21 (a-5) This Section does not apply to: 
22  (1) (blank); a person exempt under Section 2 of the 
23 Firearm Owners Identification Card Act from the 
24 requirement of having possession of a Firearm Owner's 
25 Identification Card previously issued in his or her name by 
 
 
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1 the Department of State Police in order to acquire or 
2 possess a firearm or firearm ammunition; 
3  (2) a common carrier under subsection (i) of Section 
4 24-2 of this Code; or 
5  (3) a non-resident who may lawfully possess a firearm 
6 in his or her resident state. 
7 (b) Sentence.
8  (1) Firearms trafficking is a Class 1 felony for which 
9 the person, if sentenced to a term of imprisonment, shall 
10 be sentenced to not less than 4 years and not more than 20 
11 years.
12  (2) Firearms trafficking by a person who has been 
13 previously convicted of firearms trafficking, gunrunning, 
14 or a felony offense for the unlawful sale, delivery, or 
15 transfer of a firearm or firearm ammunition in this State 
16 or another jurisdiction is a Class X felony. 

17(Source: P.A. 99-885, eff. 8-23-16.)



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 
20ammunition. 

21 (a) A person commits the offense of unlawful possession of 
22firearms
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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1projectile
portion of an ammunition cartridge which contains or 
2carries an explosive
charge which will explode upon contact 
3with the flesh of a human or an animal.
"Cartridge" means a 
4tubular metal case having a projectile affixed at the
front 
5thereof and a cap or primer at the rear end thereof, with the 
6propellant
contained in such tube between the projectile and 
7the cap.

8 (a-5) A person prohibited from possessing a firearm under 
9this Section may petition the Director of State Police for a 
10hearing and relief from the prohibition, unless the prohibition 
11was based upon a forcible felony, stalking, aggravated 
12stalking, domestic battery, any violation of the Illinois 
13Controlled Substances Act, the Methamphetamine Control and 
14Community Protection Act, or the Cannabis Control Act that is 
15classified as a Class 2 or greater felony, any felony violation 
16of Article 24 of the Criminal Code of 1961 or the Criminal Code 
17of 2012, or any adjudication as a delinquent minor for the 
18commission of an offense that if committed by an adult would be 
19a felony, in which case the person may petition the circuit 
20court in writing in the county of his or her residence for a 
21hearing and relief from the prohibition. The Director or court 
22may grant the relief if it is established by the petitioner to 
23the 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 
19firearm
ammunition is a Class A misdemeanor. Unlawful 
20possession of handguns is a
Class 4 felony. The possession of 
21each firearm or firearm ammunition in violation of this Section 
22constitutes a single and separate violation.


23 (c) Nothing in paragraph (1) of subsection (a) of this 
24Section prohibits
a person under 18 years of age from 
25participating in any lawful recreational
activity with a 
26firearm such as, but not limited to, practice shooting at

 
 
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1targets upon established public or private target ranges or 
2hunting, trapping,
or fishing in accordance with the Wildlife 
3Code 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 
8firearm projectiles when he
or she knowingly
or recklessly uses 
9an armor piercing bullet, dragon's
breath shotgun shell, bolo 
10shell, or flechette
shell
in violation of
this Section.

11 For purposes of this Section:

12 "Armor piercing bullet" means
any handgun bullet or handgun 
13ammunition with projectiles or projectile cores
constructed 
14entirely (excluding the presence of traces of other substances)

15from tungsten alloys, steel, iron, brass, bronze, beryllium 
16copper
or depleted uranium, or fully jacketed bullets larger 
17than 22 caliber whose
jacket
has a weight of more than 25% of 
18the total weight of the projectile, and
excluding those handgun

19projectiles whose cores are composed of soft materials such as 
20lead or lead
alloys, zinc or zinc alloys, frangible projectiles 
21designed primarily for
sporting purposes, and any
other 
22projectiles or projectile cores that the U. S. Secretary of the 
23Treasury
finds to be primarily intended to be used for sporting 
24purposes or industrial
purposes or that otherwise does not 
25constitute "armor piercing ammunition" as
that term is defined 
 
 
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1by federal law.

2 "Dragon's breath shotgun shell" means any shotgun shell 
3that contains
exothermic pyrophoric mesh metal as the 
4projectile and is designed for the
purpose of throwing or 
5spewing a flame or fireball to simulate a flame-thrower.

6 "Bolo shell" means any shell that can be fired in a firearm 
7and expels as
projectiles 2 or more metal balls connected by 
8solid metal wire.

9 "Flechette shell" means any shell that can be fired in a 
10firearm and expels
2 or more pieces of fin-stabilized solid 
11metal wire or 2 or more solid
dart-type
projectiles.

12 (b) A person commits a Class X felony when he or she, 
13knowing that a
firearm,
as defined in Section
1.1 of the 
14Firearm Owners Identification Card
Act, is loaded with an armor

15piercing bullet, dragon's breath shotgun shell, bolo
shell, or 
16flechette
shell,
intentionally or recklessly discharges such 
17firearm and such bullet or
shell strikes
any other person.

18 (c) Any person who possesses, concealed on or about his or 
19her person,
an armor
piercing bullet, dragon's breath shotgun 
20shell, bolo
shell, or flechette
shell
and a firearm suitable 
21for the discharge thereof is guilty
of a Class 2 felony.

22 (d) This Section does not apply to or affect any of the 
23following:


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 
13to sell at
retail any alcoholic liquor issued by the Illinois 
14Liquor Control
Commission or local liquor control commissioner 
15under the Liquor Control Act
of 1934 or an agent or employee of 
16the licensee to sell or deliver to any
other person a firearm 
17in or on the real property of the establishment
where the 
18licensee is licensed to sell alcoholic liquors unless the sale 
19or
delivery of the firearm is otherwise lawful under this 
20Article and under the
Firearm Owners Identification Card Act.

21 (b) Sentence. A violation of subsection (a) of this Section 
22is 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 
3record 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 
18firearm who
knowingly purchases or attempts to purchase a

19firearm with the intent to deliver that firearm to another 
20person who
is prohibited by federal or State law from 
21possessing a firearm.

22 (c) A person commits the offense of unlawful purchase of a 
23firearm when he
or she, in purchasing or attempting to purchase 
24a firearm, intentionally
provides false or
misleading 
25information on a United States Department of the Treasury, 
26Bureau of
Alcohol, Tobacco and Firearms firearms transaction 
 
 
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1record form.

2 (d) Exemption. It is not a violation of subsection (b) of 
3this Section for a
person to make a gift or loan of a firearm to 
4a
person who is not
prohibited by federal or State law from 
5possessing a firearm
if the transfer of the firearm
is made in 
6accordance with Section 3 of the Firearm Owners Identification 
7Card
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 
2commenced 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 
7Identification Card and who possesses or acquires a firearm 
8thereafter loses the firearm, or if the firearm is stolen from 
9the person, the person must report the loss or theft to the 
10local law enforcement agency within 72 hours after obtaining 
11knowledge of the loss or theft.
12 (b) A law enforcement agency having jurisdiction shall take 
13a written report and shall, as soon as practical, enter the 
14firearm's serial number as stolen into the Law Enforcement 
15Agencies 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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1of a petty offense for a first violation. A second or 
2subsequent 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 
7telephone system or utilize other existing technology which 
8shall be used by any federally licensed
firearm dealer, gun 
9show promoter, or gun show vendor who is to transfer a firearm, 
10stun gun, or taser under the provisions of this
Code. The 
11Department of State Police may utilize existing technology 
12which
allows the caller to be charged a fee not to exceed $2. 
13Fees collected by the Department of
State Police shall be 
14deposited in the State Police Services Fund and used
to provide 
15the service.
16 (b) Upon receiving a request from a federally licensed 
17firearm dealer, gun show promoter, or gun show vendor, the

18Department of State Police shall immediately approve, or within 
19the time
period established by Section 24-3 of this Code 
20regarding
the delivery of firearms, stun guns, and tasers 
21notify the inquiring dealer, gun show promoter, or gun show 
22vendor of any objection that
would disqualify the transferee 
23from acquiring or possessing a firearm, stun gun, or taser. In

24conducting the inquiry, the Department of State Police shall 
25initiate and
complete an automated search of its criminal 
 
 
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1history record information
files and those of the Federal 
2Bureau of Investigation, including the
National Instant 
3Criminal Background Check System, and of the files of
the 
4Department of Human Services relating to mental health and

5developmental disabilities to obtain
any felony conviction or 
6patient hospitalization information which would
disqualify a 
7person from obtaining a firearm.
8 (c) If receipt of a firearm would not violate Section 24-3 
9of this Code or federal law, the Department of State Police 
10shall:

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 
16the purchase of a firearm are valid for 30 days from the date 
17of issue.

18 (e)(1) The Department of State Police must act as the 
19Illinois Point of Contact
for the National Instant Criminal 
20Background Check System.
21 (2) The Department of State Police and the Department of 
22Human Services shall, in accordance with State and federal law 
23regarding confidentiality, enter into a memorandum of 
24understanding with the Federal Bureau of Investigation for the 
25purpose of implementing the National Instant Criminal 
26Background Check System in the State. The Department of State 
 
 
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1Police shall report the name, date of birth, and physical 
2description of any person prohibited from possessing a firearm 
3under this Code or 18 U.S.C. 922(g) and (n) to the National 
4Instant Criminal Background Check System Index, Denied Persons 
5Files.
6 (f) The Department of State Police shall adopt rules not 
7inconsistent 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

11for any person to
store or leave, within premises under his or 
12her control, a firearm if
the
person knows or has reason to 
13believe that a minor under the age of 14
years who does not 
14have a Firearm Owners Identification Card is likely to gain

15access to the firearm without the lawful permission
of the 
16person possessing the firearm, minor's parent, guardian, or 
17person having charge of the minor, and
the minor causes death 
18or 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.

 
 
HB4314- 180 -LRB100 15650 RLC 30751 b


1 (b) Sentence. A person who violates this Section is guilty 
2of a Class C
misdemeanor and shall be fined not less than 
3$1,000. A second or subsequent
violation of this Section is a 
4Class 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" 
13has the meaning ascribed
to it in Section
1.1 of the Firearm 
14Owners Identification Card Act.

15(Source: P.A. 91-18, eff. 1-1-00.)


16 Section 85. The Methamphetamine Control and Community 
17Protection 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 
23store, hold, contain, handle, transfer, transport, or apply 
24anhydrous ammonia for lawful purposes.

 
 
HB4314- 181 -LRB100 15650 RLC 30751 b


1 "Booby trap" means any device designed to cause physical 
2injury when triggered by an act of a person approaching, 
3entering, or moving through a structure, a vehicle, or any 
4location where methamphetamine has been manufactured, is being 
5manufactured, or is intended to be manufactured.

6 "Deliver" or "delivery" has the meaning provided in 
7subsection (h) of Section 102 of the Illinois Controlled 
8Substances Act.

9 "Director" means the Director of State Police or the 
10Director's designated agents.

11 "Dispose" or "disposal" means to abandon, discharge, 
12release, deposit, inject, dump, spill, leak, or place 
13methamphetamine waste onto or into any land, water, or well of 
14any type so that the waste has the potential to enter the 
15environment, be emitted into the air, or be discharged into the 
16soil or any waters, including groundwater.

17 "Emergency response" means the act of collecting evidence 
18from or securing a methamphetamine laboratory site, 
19methamphetamine waste site or other methamphetamine-related 
20site and cleaning up the site, whether these actions are 
21performed by public entities or private contractors paid by 
22public entities.

23 "Emergency service provider" means a local, State, or 
24federal peace officer, firefighter, emergency medical 
25technician-ambulance, emergency
medical 
26technician-intermediate, emergency medical 
 
 
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1technician-paramedic, ambulance driver, or other medical or 
2first aid personnel rendering aid, or any agent or designee of 
3the foregoing.

4 "Finished methamphetamine" means methamphetamine in a form 
5commonly used for personal consumption.
6 "Firearm" has the meaning provided in Section 2-7.5 of the 
7Criminal Code of 2012 1.1 of the Firearm Owners Identification 
8Card Act.

9 "Manufacture" means to produce, prepare, compound, 
10convert, process, synthesize, concentrate, purify, separate, 
11extract, or package any methamphetamine, methamphetamine 
12precursor, methamphetamine manufacturing catalyst, 
13methamphetamine manufacturing reagent, methamphetamine 
14manufacturing solvent, or any substance containing any of the 
15foregoing.

16 "Methamphetamine" means the chemical methamphetamine (a 
17Schedule II controlled substance under the Illinois Controlled 
18Substances Act) or any salt, optical isomer, salt of optical 
19isomer, or analog thereof, with the exception of 
203,4-Methylenedioxymethamphetamine (MDMA) or any other 
21scheduled substance with a separate listing under the Illinois 
22Controlled Substances Act.
23 "Methamphetamine manufacturing catalyst" means any 
24substance that has been used, is being used, or is intended to 
25be used to activate, accelerate, extend, or improve a chemical 
26reaction involved in the manufacture of methamphetamine.

 
 
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1 "Methamphetamine manufacturing environment" means a 
2structure 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 
11methamphetamine precursor, substance containing any 
12methamphetamine precursor, methamphetamine manufacturing 
13catalyst, substance containing any methamphetamine 
14manufacturing catalyst, methamphetamine manufacturing reagent, 
15substance containing any methamphetamine manufacturing 
16reagent, methamphetamine manufacturing solvent, substance 
17containing any methamphetamine manufacturing solvent, or any 
18other chemical, substance, ingredient, equipment, apparatus, 
19or item that is being used, has been used, or is intended to be 
20used in the manufacture of methamphetamine.

21 "Methamphetamine manufacturing reagent" means any 
22substance other than a methamphetamine manufacturing catalyst 
23that has been used, is being used, or is intended to be used to 
24react with and chemically alter any methamphetamine precursor.
25 "Methamphetamine manufacturing solvent" means any 
26substance that has been used, is being used, or is intended to 
 
 
HB4314- 184 -LRB100 15650 RLC 30751 b


1be used as a medium in which any methamphetamine precursor, 
2methamphetamine manufacturing catalyst, methamphetamine 
3manufacturing reagent, or any substance containing any of the 
4foregoing is dissolved, diluted, or washed during any part of 
5the methamphetamine manufacturing process.

6 "Methamphetamine manufacturing waste" means any chemical, 
7substance, ingredient, equipment, apparatus, or item that is 
8left over from, results from, or is produced by the process of 
9manufacturing methamphetamine, other than finished 
10methamphetamine.

11 "Methamphetamine precursor" means ephedrine, 
12pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, 
13phenylacetone, phenyl-2-propanone, P2P, or any salt, optical 
14isomer, or salt of an optical isomer of any of these chemicals.

15 "Multi-unit dwelling" means a unified structure used or 
16intended for use as a habitation, home, or residence that 
17contains 2 or more condominiums, apartments, hotel rooms, motel 
18rooms, or other living units.

19 "Package" means an item marked for retail sale that is not 
20designed to be further broken down or subdivided for the 
21purpose of retail sale.

22 "Participate" or "participation" in the manufacture of 
23methamphetamine means to produce, prepare, compound, convert, 
24process, synthesize, concentrate, purify, separate, extract, 
25or package any methamphetamine, methamphetamine precursor, 
26methamphetamine manufacturing catalyst, methamphetamine 
 
 
HB4314- 185 -LRB100 15650 RLC 30751 b


1manufacturing reagent, methamphetamine manufacturing solvent, 
2or any substance containing any of the foregoing, or to assist 
3in any of these actions, or to attempt to take any of these 
4actions, regardless of whether this action or these actions 
5result in the production of finished methamphetamine.

6 "Person with a disability" means a person who suffers from 
7a permanent physical or mental impairment resulting from 
8disease, injury, functional disorder, or congenital condition 
9which renders the person incapable of adequately providing for 
10his or her own health and personal care.

11 "Procure" means to purchase, steal, gather, or otherwise 
12obtain, by legal or illegal means, or to cause another to take 
13such action.

14 "Second or subsequent offense" means an offense under this 
15Act committed by an offender who previously committed an 
16offense under this Act, the Illinois Controlled Substances Act, 
17the Cannabis Control Act, or another Act of this State, another 
18state, or the United States relating to methamphetamine, 
19cannabis, or any other controlled substance.

20 "Standard dosage form", as used in relation to any 
21methamphetamine precursor, means that the methamphetamine 
22precursor is contained in a pill, tablet, capsule, caplet, gel 
23cap, or liquid cap that has been manufactured by a lawful 
24entity and contains a standard quantity of methamphetamine 
25precursor.

26 "Unauthorized container", as used in relation to anhydrous 
 
 
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1ammonia, means any container that is not designed for the 
2specific and sole purpose of holding, storing, transporting, or 
3applying anhydrous ammonia. "Unauthorized container" includes, 
4but is not limited to, any propane tank, fire extinguisher, 
5oxygen cylinder, gasoline can, food or beverage cooler, or 
6compressed gas cylinder used in dispensing fountain drinks. 
7"Unauthorized container" does not encompass anhydrous ammonia 
8manufacturing plants, refrigeration systems
where anhydrous 
9ammonia is used solely as a refrigerant, anhydrous ammonia 
10transportation pipelines, anhydrous ammonia tankers, or 
11anhydrous ammonia barges.


12(Source: P.A. 97-434, eff. 1-1-12.)

13 Section 90. The Code of Criminal Procedure of 1963 is 
14amended by changing Sections 110-10, 112A-11.1, 112A-11.2, 
15112A-14, and 112A-14.7 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 
19upon payment of
bail security or on his or her own 
20recognizance, the conditions of the bail
bond shall be that he 
21or 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 
12shall be completed
promptly
and made available to the State, 
13the defendant, and the court. As a further
condition of bail 
14under
these circumstances, the court shall order the defendant 
15to refrain from
entering upon the
property of the school, 
16including any conveyance owned, leased, or contracted
by a 
17school to
transport students to or from school or a 
18school-related activity, or on any public way within
1,000 feet 
19of real property comprising any school. Upon receipt of the 
20psychological evaluation,
either the State or the defendant may 
21request a change in the conditions of bail, pursuant to
Section 
22110-6 of this Code. The court may change the conditions of bail 
23to include a
requirement that the defendant follow the 
24recommendations of the psychological evaluation,
including 
25undergoing psychiatric treatment. The conclusions of the

26psychological evaluation and
any statements elicited from the 
 
 
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1defendant during its administration are not
admissible as 
2evidence
of guilt during the course of any trial on the charged 
3offense, unless the
defendant places his or her
mental 
4competency in issue.

5 (b) The court may impose other conditions, such as the 
6following, if the
court finds that such conditions are 
7reasonably necessary to assure the
defendant's appearance in 
8court, protect the public from the defendant, or
prevent the 
9defendant's unlawful interference with the orderly 
10administration
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 
 
 
HB4314- 192 -LRB100 15650 RLC 30751 b


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 
 
 
HB4314- 193 -LRB100 15650 RLC 30751 b


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 
2011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

2112-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the 
22Criminal Code of 2012, involving a victim who is a
minor under 
2318 years of age living in the same household with the defendant

24at the time of the offense, in granting bail or releasing the 
25defendant on
his own recognizance, the judge shall impose 
26conditions to restrict the
defendant's access to the victim 
 
 
HB4314- 195 -LRB100 15650 RLC 30751 b


1which may include, but are not limited to
conditions that he 
2will:


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 
8the victim is
a family or household member as defined in 
9Article 112A, conditions shall
be imposed at the time of the 
10defendant's release on bond that restrict the
defendant's 
11access to the victim.
Unless provided otherwise by the court, 
12the
restrictions shall include
requirements that the defendant 
13do 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 
21standardized bond forms
for use in cases involving family or 
22household members as defined in
Article 112A, including 
23specific conditions of bond as provided in
subsection (d). 
24Failure of any law enforcement department to develop or use

25those forms shall in no way limit the applicability and 
26enforcement of
subsections (d) and (f).

 
 
HB4314- 196 -LRB100 15650 RLC 30751 b


1 (f) If the defendant is admitted to bail after conviction 
2the
conditions of the bail bond shall be that he will, in 
3addition to the
conditions set forth in subsections (a) and (b) 
4hereof:


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 
15defendant shall
physically surrender, at a time and place 
16designated by the court,
any and all firearms in his or her 
17possession and his or her Firearm Owner's
Identification Card 
18as 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 
22misdemeanor crimes
are crimes of domestic violence for purposes 
23of federal
law.
24 (a) When a defendant has been charged with a violation of 
25Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the 
 
 
HB4314- 197 -LRB100 15650 RLC 30751 b


1Criminal Code of 1961 or the Criminal Code of 2012, the State 
2may, at arraignment or no later than 45 days after arraignment, 
3for the purpose of notification to the Department of State 
4Police Firearm Owner's Identification Card Office, serve on the 
5defendant and file with the court a notice alleging that 
6conviction of the offense would subject the defendant to the 
7prohibitions of 18 U.S.C. 922(g)(9) because of the relationship 
8between the defendant and the alleged victim and the nature of 
9the alleged offense.
10 (b) The notice shall include the name of the person alleged 
11to be the victim of the crime and shall specify the nature of 
12the alleged relationship as set forth in 18 U.S.C. 
13921(a)(33)(A)(ii). It shall also specify the element of the 
14charged offense which requires the use or attempted use of 
15physical force, or the threatened use of a deadly weapon, as 
16set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include 
17notice that the defendant is entitled to a hearing on the 
18allegation contained in the notice and that if the allegation 
19is sustained, that determination and conviction shall be 
20reported to the Department of State Police Firearm Owner's 
21Identification Card Office.
22 (c) After having been notified as provided in subsection 
23(b) of this Section, the defendant may stipulate or admit, 
24orally on the record or in writing, that conviction of the 
25offense would subject the defendant to the prohibitions of 18 
26U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. 
 
 
HB4314- 198 -LRB100 15650 RLC 30751 b


1922(g)(9) shall be deemed established for purposes of Section 
2112A-11.2. If the defendant denies the applicability of 18 
3U.S.C. 922(g)(9) as alleged in the notice served by the State, 
4or stands mute with respect to that allegation, then the State 
5shall bear the burden to prove beyond a reasonable doubt that 
6the offense is one to which the prohibitions of 18 U.S.C. 
7922(g)(9) apply. The court may consider reliable hearsay 
8evidence submitted by either party provided that it is relevant 
9to the determination of the allegation. Facts previously proven 
10at trial or elicited at the time of entry of a plea of guilty 
11shall be deemed established beyond a reasonable doubt and shall 
12not be relitigated. At the conclusion of the hearing, or upon a 
13stipulation or admission, as applicable, the court shall make a 
14specific 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 
18Police Firearm Owner's Identification Card Office of

19determinations in certain misdemeanor cases. Upon judgment of 
20conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 
2112-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal 
22Code of 2012 when the defendant has been determined, under 
23Section 112A-11.1, to be subject to the prohibitions of 18 
24U.S.C. 922(g)(9), the circuit court clerk shall include 
25notification and a copy of the written determination in a 
 
 
HB4314- 199 -LRB100 15650 RLC 30751 b


1report of the conviction to the Department of State Police 
2Firearm Owner's Identification Card Office to enable the office 
3to report that determination to the Federal Bureau of 
4Investigation and assist the Bureau in identifying persons 
5prohibited from purchasing and possessing a firearm pursuant to 
6the 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) (Blank).

11 (b) The court may order any of the remedies listed in this 
12subsection.
The remedies listed in this subsection shall be in 
13addition to other civil
or criminal remedies available to 
14petitioner.

15  (1) Prohibition of abuse. Prohibit respondent's 
16 harassment,
interference with personal liberty, 
17 intimidation of a dependent, physical
abuse or willful 
18 deprivation, as defined in this Article, if such abuse has

19 occurred or otherwise appears likely to occur if not 
20 prohibited.

21  (2) Grant of exclusive possession of residence. 
22 Prohibit respondent
from entering or remaining in any 
23 residence, household, or premises of the petitioner,

24 including one owned or leased by respondent, if petitioner 
25 has a right
to occupancy thereof. The grant of exclusive 
 
 
HB4314- 200 -LRB100 15650 RLC 30751 b


1 possession of the residence, household, or premises
shall 
2 not affect title to real property, nor shall the court be 
3 limited by
the standard set forth in Section 701 of the 
4 Illinois Marriage and
Dissolution of Marriage Act.

5   (A) Right to occupancy. A party has a right to 
6 occupancy of a
residence or household if it is
solely 
7 or jointly owned or leased by that party, that party's 
8 spouse, a
person with a legal duty to support that 
9 party or a minor child in that
party's care, or by any 
10 person or entity other than the opposing party that

11 authorizes that party's occupancy (e.g., a domestic 
12 violence shelter).
Standards set forth in subparagraph 
13 (B) shall not preclude equitable relief.

14   (B) Presumption of hardships. If petitioner and 
15 respondent
each has the right to occupancy of a 
16 residence or household, the court
shall balance (i) the 
17 hardships to respondent and any minor child or

18 dependent adult in respondent's care resulting from 
19 entry of this remedy with (ii)
the hardships to 
20 petitioner and any minor child or dependent adult in

21 petitioner's care resulting from continued exposure to 
22 the risk of abuse (should
petitioner remain at the 
23 residence or household) or from loss of possession
of 
24 the residence or household (should petitioner leave to 
25 avoid the risk
of abuse). When determining the balance 
26 of hardships, the court shall also
take into account 
 
 
HB4314- 201 -LRB100 15650 RLC 30751 b


1 the accessibility of the residence or household.

2 Hardships need not be balanced if respondent does not 
3 have a right to occupancy.

4   The balance of hardships is presumed to favor 
5 possession by
petitioner unless the presumption is 
6 rebutted by a preponderance of the
evidence, showing 
7 that the hardships to respondent substantially 
8 outweigh
the hardships to petitioner and any minor 
9 child or dependent adult in petitioner's
care. The 
10 court, on the request of petitioner or on its own 
11 motion,
may order respondent to provide suitable, 
12 accessible, alternate housing
for petitioner instead 
13 of
excluding respondent from a mutual residence or 
14 household.

15  (3) Stay away order and additional prohibitions.
Order 
16 respondent to stay away from petitioner or any other person

17 protected by the order of protection, or prohibit 
18 respondent from entering
or remaining present at 
19 petitioner's school, place of employment, or other

20 specified places at times when petitioner is present, or 
21 both, if
reasonable, given
the balance of hardships. 
22 Hardships need not be balanced for the court
to enter a 
23 stay away order or prohibit entry
if respondent has no 
24 right to enter the premises.

25   (A) If an order of protection grants petitioner 
26 exclusive possession
of the residence, or prohibits 
 
 
HB4314- 202 -LRB100 15650 RLC 30751 b


1 respondent from entering the residence,
or orders 
2 respondent to stay away from petitioner or other

3 protected persons, then the court may allow respondent 
4 access to the
residence to remove items of clothing and 
5 personal adornment
used exclusively by respondent, 
6 medications, and other items as the court directs.
The 
7 right to access shall be exercised on only one occasion 
8 as the court directs
and in the presence of an 
9 agreed-upon adult third party or law enforcement 
10 officer.

11   (B) When the petitioner and the respondent attend 
12 the same public, private, or non-public elementary, 
13 middle, or high school, the court when issuing an order 
14 of protection and providing relief shall consider the 
15 severity of the act, any continuing physical danger or 
16 emotional distress to the petitioner, the educational 
17 rights guaranteed to the petitioner and respondent 
18 under federal and State law, the availability of a 
19 transfer of the respondent to another school, a change 
20 of placement or a change of program of the respondent, 
21 the expense, difficulty, and educational disruption 
22 that would be caused by a transfer of the respondent to 
23 another school, and any other relevant facts of the 
24 case. The court may order that the respondent not 
25 attend the public, private, or non-public elementary, 
26 middle, or high school attended by the petitioner, 
 
 
HB4314- 203 -LRB100 15650 RLC 30751 b


1 order that the respondent accept a change of placement 
2 or change of program, as determined by the school 
3 district or private or non-public school, or place 
4 restrictions on the respondent's movements within the 
5 school attended by the petitioner. The respondent 
6 bears the burden of proving by a preponderance of the 
7 evidence that a transfer, change of placement, or 
8 change of program of the respondent is not available. 
9 The respondent also bears the burden of production with 
10 respect to the expense, difficulty, and educational 
11 disruption that would be caused by a transfer of the 
12 respondent to another school. A transfer, change of 
13 placement, or change of program is not unavailable to 
14 the respondent solely on the ground that the respondent 
15 does not agree with the school district's or private or 
16 non-public school's transfer, change of placement, or 
17 change of program or solely on the ground that the 
18 respondent fails or refuses to consent or otherwise 
19 does not take an action required to effectuate a 
20 transfer, change of placement, or change of program. 
21 When a court orders a respondent to stay away from the 
22 public, private, or non-public school attended by the 
23 petitioner and the respondent requests a transfer to 
24 another attendance center within the respondent's 
25 school district or private or non-public school, the 
26 school district or private or non-public school shall 
 
 
HB4314- 204 -LRB100 15650 RLC 30751 b


1 have sole discretion to determine the attendance 
2 center to which the respondent is transferred. If the 
3 court order results in a transfer of the minor 
4 respondent to another attendance center, a change in 
5 the respondent's placement, or a change of the 
6 respondent's program, the parents, guardian, or legal 
7 custodian of the respondent is responsible for 
8 transportation and other costs associated with the 
9 transfer or change.
10   (C) The court may order the parents, guardian, or 
11 legal custodian of a minor respondent to take certain 
12 actions or to refrain from taking certain actions to 
13 ensure that the respondent complies with the order. If 
14 the court orders a transfer of the respondent to 
15 another school, the parents, guardian, or legal 
16 custodian of the respondent is responsible for 
17 transportation and other costs associated with the 
18 change of school by the respondent. 
19  (4) Counseling. Require or recommend the respondent to 
20 undergo
counseling for a specified duration with a social 
21 worker, psychologist,
clinical psychologist, psychiatrist, 
22 family service agency, alcohol or
substance abuse program, 
23 mental health center guidance counselor, agency
providing 
24 services to elders, program designed for domestic violence

25 abusers or any other guidance service the court deems 
26 appropriate. The court may order the respondent in any 
 
 
HB4314- 205 -LRB100 15650 RLC 30751 b


1 intimate partner relationship to report to an Illinois 
2 Department of Human Services protocol approved partner 
3 abuse intervention program for an assessment and to follow 
4 all recommended treatment. 

5  (5) Physical care and possession of the minor child. In 
6 order to protect
the minor child from abuse, neglect, or 
7 unwarranted separation from the person
who has been the 
8 minor child's primary caretaker, or to otherwise protect 
9 the
well-being of the minor child, the court may do either 
10 or both of the following:
(i) grant petitioner physical 
11 care or possession of the minor child, or both, or
(ii) 
12 order respondent to return a minor child to, or not remove 
13 a minor child
from, the physical care of a parent or person 
14 in loco parentis.

15  If the respondent is charged with abuse
(as defined in 
16 Section 112A-3) of a minor child, there shall be a

17 rebuttable presumption that awarding physical care to 
18 respondent would not
be in the minor child's best interest.

19  (6) Temporary legal custody.
Award temporary legal 
20 custody to petitioner in accordance with this Section,
the 
21 Illinois Marriage
and Dissolution of Marriage Act, the 
22 Illinois Parentage Act of 2015,
and this State's Uniform 
23 Child-Custody
Jurisdiction and Enforcement Act. 

24  If the respondent
is charged with abuse (as defined in 
25 Section 112A-3) of a
minor child, there shall be a 
26 rebuttable presumption that awarding
temporary legal 
 
 
HB4314- 206 -LRB100 15650 RLC 30751 b


1 custody to respondent would not be in the
child's best 
2 interest.

3  (7) Visitation. Determine the
visitation rights, if 
4 any, of respondent in any case in which the court
awards 
5 physical care or temporary legal custody of a minor child 
6 to
petitioner. The court shall restrict or deny 
7 respondent's visitation with
a minor child if
the court 
8 finds that respondent has done or is likely to do any of 
9 the
following: (i) abuse or endanger the minor child during 
10 visitation; (ii) use the
visitation as an opportunity to 
11 abuse or harass petitioner or
petitioner's family or 
12 household members; (iii) improperly conceal or
detain the 
13 minor child; or (iv) otherwise act in a manner that is not 
14 in
the best interests of the minor child. The court shall 
15 not be limited by the
standards set forth in Section 607.1 
16 of the Illinois Marriage and
Dissolution of Marriage Act. 
17 If the court grants visitation, the order
shall specify 
18 dates and times for the visitation to take place or other

19 specific parameters or conditions that are appropriate. No 
20 order for
visitation shall refer merely to the term 
21 "reasonable visitation".

22  Petitioner may deny respondent access to the minor 
23 child if, when
respondent arrives for visitation, 
24 respondent is under the influence of drugs
or alcohol and 
25 constitutes a threat to the safety and well-being of

26 petitioner or petitioner's minor children or is behaving in 
 
 
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1 a violent or abusive manner.

2  If necessary to protect any member of petitioner's 
3 family or
household from future abuse, respondent shall be 
4 prohibited from coming to
petitioner's residence to meet 
5 the minor child for visitation, and the
parties shall 
6 submit to the court their recommendations for reasonable

7 alternative arrangements for visitation. A person may be 
8 approved to
supervise visitation only after filing an 
9 affidavit accepting
that responsibility and acknowledging 
10 accountability to the court.

11  (8) Removal or concealment of minor child.
Prohibit 
12 respondent from
removing a minor child from the State or 
13 concealing the child within the
State.

14  (9) Order to appear. Order the respondent to
appear in 
15 court, alone
or with a minor child, to prevent abuse, 
16 neglect, removal or concealment of
the child, to return the 
17 child to the custody or care of the petitioner or
to permit 
18 any court-ordered interview or examination of the child or 
19 the
respondent.

20  (10) Possession of personal property. Grant petitioner 
21 exclusive
possession of personal property and, if 
22 respondent has possession or
control, direct respondent to 
23 promptly make it available to petitioner, if:

24   (i) petitioner, but not respondent, owns the 
25 property; or

26   (ii) the parties own the property jointly; sharing 
 
 
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1 it would risk
abuse of petitioner by respondent or is 
2 impracticable; and the balance of
hardships favors 
3 temporary possession by petitioner.

4  If petitioner's sole claim to ownership of the property 
5 is that it is
marital property, the court may award 
6 petitioner temporary possession
thereof under the 
7 standards of subparagraph (ii) of this paragraph only if
a 
8 proper proceeding has been filed under the Illinois 
9 Marriage and
Dissolution of Marriage Act, as now or 
10 hereafter amended.

11  No order under this provision shall affect title to 
12 property.

13  (11) Protection of property. Forbid the respondent 
14 from taking,
transferring, encumbering, concealing, 
15 damaging or otherwise disposing of
any real or personal 
16 property, except as explicitly authorized by the
court, if:

17   (i) petitioner, but not respondent, owns the 
18 property; or

19   (ii) the parties own the property jointly,
and the 
20 balance of hardships favors granting this remedy.

21  If petitioner's sole claim to ownership of the property 
22 is that it is
marital property, the court may grant 
23 petitioner relief under subparagraph
(ii) of this 
24 paragraph only if a proper proceeding has been filed under 
25 the
Illinois Marriage and Dissolution of Marriage Act, as 
26 now or hereafter amended.

 
 
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1  The court may further prohibit respondent from 
2 improperly using the
financial or other resources of an 
3 aged member of the family or household
for the profit or 
4 advantage of respondent or of any other person.

5  (11.5) Protection of animals. Grant the petitioner the 
6 exclusive care, custody, or control of any animal owned, 
7 possessed, leased, kept, or held by either the petitioner 
8 or the respondent or a minor child residing in the 
9 residence or household of either the petitioner or the 
10 respondent and order the respondent to stay away from the 
11 animal and forbid the respondent from taking, 
12 transferring, encumbering, concealing, harming, or 
13 otherwise disposing of the animal.

14  (12) Order for payment of support. Order
respondent to 
15 pay temporary
support for the petitioner or any child in 
16 the petitioner's care or
custody, when the respondent has a 
17 legal obligation to support that person,
in accordance with 
18 the Illinois Marriage and Dissolution
of Marriage Act, 
19 which shall govern, among other matters, the amount of

20 support, payment through the clerk and withholding of 
21 income to secure
payment. An order for child support may be 
22 granted to a petitioner with
lawful physical care or 
23 custody of a child, or an order or agreement for
physical 
24 care or custody, prior to entry of an order for legal 
25 custody.
Such a support order shall expire upon entry of a 
26 valid order granting
legal custody to another, unless 
 
 
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1 otherwise provided in the custody order.

2  (13) Order for payment of losses. Order
respondent to 
3 pay petitioner
for losses suffered as a direct result of 
4 the abuse. Such losses shall
include, but not be limited 
5 to, medical expenses, lost earnings or other
support, 
6 repair or replacement of property damaged or taken, 
7 reasonable
attorney's fees, court costs and moving or other 
8 travel expenses, including
additional reasonable expenses 
9 for temporary shelter and 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) A person who is subject to an existing order of 
7 protection, issued under this Code may not lawfully 
8 possess firearms, stun guns, or tasers weapons under 
9 Section 8.2 of the Firearm Owners Identification Card 
10 Act.
11   (B) Any firearms in the
possession of the 
12 respondent, except as provided in subparagraph (C) of 
13 this paragraph (14.5), shall be ordered by the court to 
14 be turned
over to a person who is not prohibited under 
15 State or federal law from possessing firearms with a 
16 valid Firearm Owner's Identification Card for 
17 safekeeping. The court shall issue an order that the 
18 respondent's Firearm Owner's Identification Card be 
19 turned over to the local law enforcement agency, which 
20 in turn shall immediately mail the card to the 
21 Department of State Police Firearm Owner's 
22 Identification Card Office for safekeeping.
The period 
23 of safekeeping shall be for the duration of the order 
24 of protection. The firearm or firearms and Firearm 
25 Owner's Identification Card, if unexpired, shall at 
26 the respondent's request be returned to the respondent 
 
 
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1 at expiration of the order of protection.

2   (C) If the respondent is a peace officer as defined 
3 in Section 2-13 of
the
Criminal Code of 2012, the court 
4 shall order that any firearms used by the
respondent in 
5 the performance of his or her duties as a
peace officer 
6 be surrendered to
the chief law enforcement executive 
7 of the agency in which the respondent is
employed, who 
8 shall retain the firearms for safekeeping for the 
9 duration of the order of protection.

10   (D) Upon expiration of the period of safekeeping, 
11 if the firearms or Firearm Owner's Identification Card 
12 cannot be returned to respondent because respondent 
13 cannot be located, fails to respond to requests to 
14 retrieve the firearms, or is not lawfully eligible to 
15 possess a firearm, upon petition from the local law 
16 enforcement agency, the court may order the local law 
17 enforcement agency to destroy the firearms, use the 
18 firearms for training purposes, or for any other 
19 application as deemed appropriate by the local law 
20 enforcement agency; or that the firearms be turned over 
21 to a third party who is lawfully eligible to possess 
22 firearms, and who does not reside with respondent. 
23  (15) Prohibition of access to records. If an order of 
24 protection
prohibits respondent from having contact with 
25 the minor child,
or if petitioner's address is omitted 
26 under subsection (b) of
Section 112A-5, or if necessary to 
 
 
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1 prevent abuse or wrongful removal or
concealment of a minor 
2 child, the order shall deny respondent access to, and

3 prohibit respondent from inspecting, obtaining, or 
4 attempting to
inspect or obtain, school or any other 
5 records of the minor child
who is in the care of 
6 petitioner.

7  (16) Order for payment of shelter services. Order 
8 respondent to
reimburse a shelter providing temporary 
9 housing and counseling services to
the petitioner for the 
10 cost of the services, as certified by the shelter
and 
11 deemed reasonable by the court.

12  (17) Order for injunctive relief. Enter injunctive 
13 relief necessary
or appropriate to prevent further abuse of 
14 a family or household member or
to effectuate one of the 
15 granted remedies, if supported by the balance of
hardships. 
16 If the harm to be prevented by the injunction is abuse or 
17 any
other harm that one of the remedies listed in 
18 paragraphs (1) through (16)
of this subsection is designed 
19 to prevent, no further evidence is necessary
to establish 
20 that the harm is an irreparable injury.

21  (18) Telephone services.
22   (A) Unless a condition described in subparagraph 
23 (B) of this paragraph exists, the court may, upon 
24 request by the petitioner, order a wireless telephone 
25 service provider to transfer to the petitioner the 
26 right to continue to use a telephone number or numbers 
 
 
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1 indicated by the petitioner and the financial 
2 responsibility associated with the number or numbers, 
3 as set forth in subparagraph (C) of this paragraph. For 
4 purposes of this paragraph (18), the term "wireless 
5 telephone service provider" means a provider of 
6 commercial mobile service as defined in 47 U.S.C. 332. 
7 The petitioner may request the transfer of each 
8 telephone number that the petitioner, or a minor child 
9 in his or her custody, uses. The clerk of the court 
10 shall serve the order on the wireless telephone service 
11 provider's agent for service of process provided to the 
12 Illinois Commerce Commission. The order shall contain 
13 all of the following: 
14    (i) The name and billing telephone number of 
15 the account holder including the name of the 
16 wireless telephone service provider that serves 
17 the account.
18    (ii) Each telephone number that will be 
19 transferred.
20    (iii) A statement that the provider transfers 
21 to the petitioner all financial responsibility for 
22 and right to the use of any telephone number 
23 transferred under this paragraph.
24   (B) A wireless telephone service provider shall 
25 terminate the respondent's use of, and shall transfer 
26 to the petitioner use of, the telephone number or 
 
 
HB4314- 215 -LRB100 15650 RLC 30751 b


1 numbers indicated in subparagraph (A) of this 
2 paragraph unless it notifies the petitioner, within 72 
3 hours after it receives the order, that one of the 
4 following applies:
5    (i) The account holder named in the order has 
6 terminated the account.
7    (ii) A difference in network technology would 
8 prevent or impair the functionality of a device on 
9 a network if the transfer occurs.
10    (iii) The transfer would cause a geographic or 
11 other limitation on network or service provision 
12 to the petitioner.
13    (iv) Another technological or operational 
14 issue would prevent or impair the use of the 
15 telephone number if the transfer occurs.
16   (C) The petitioner assumes all financial 
17 responsibility for and right to the use of any 
18 telephone number transferred under this paragraph. In 
19 this paragraph, "financial responsibility" includes 
20 monthly service costs and costs associated with any 
21 mobile device associated with the number.
22   (D) A wireless telephone service provider may 
23 apply to the petitioner its routine and customary 
24 requirements for establishing an account or 
25 transferring a number, including requiring the 
26 petitioner to provide proof of identification, 
 
 
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1 financial information, and customer preferences.

2   (E) Except for willful or wanton misconduct, a 
3 wireless telephone service provider is immune from 
4 civil liability for its actions taken in compliance 
5 with a court order issued under this paragraph.
6   (F) All wireless service providers that provide 
7 services to residential customers shall provide to the 
8 Illinois Commerce Commission the name and address of an 
9 agent for service of orders entered under this 
10 paragraph (18). Any change in status of the registered 
11 agent must be reported to the Illinois Commerce 
12 Commission within 30 days of such change. 
13   (G) The Illinois Commerce Commission shall 
14 maintain the list of registered agents for service for 
15 each wireless telephone service provider on the 
16 Commission's website. The Commission may consult with 
17 wireless telephone service providers and the Circuit 
18 Court Clerks on the manner in which this information is 
19 provided and displayed. 
20 (c) Relevant factors; findings.

21  (1) In determining whether to grant a
specific remedy, 
22 other than payment of support, the
court shall consider 
23 relevant factors, including, but not limited to, the

24 following:

25   (i) the nature, frequency, severity, pattern and 
26 consequences of the
respondent's past abuse of the 
 
 
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1 petitioner or any family or household
member, 
2 including the concealment of his or her location in 
3 order to evade
service of process or notice, and the 
4 likelihood of danger of future abuse to
petitioner or

5 any member of petitioner's or respondent's family or 
6 household; and

7   (ii) the danger that any minor child will be abused 
8 or neglected or
improperly removed from the 
9 jurisdiction, improperly concealed within the
State or 
10 improperly separated from the child's primary 
11 caretaker.

12  (2) In comparing relative hardships resulting to the 
13 parties from loss
of possession of the family home, the 
14 court shall consider relevant
factors, including, but not 
15 limited to, the following:

16   (i) availability, accessibility, cost, safety, 
17 adequacy, location and other
characteristics of 
18 alternate housing for each party and any minor child or

19 dependent adult in the party's care;

20   (ii) the effect on the party's employment; and

21   (iii) the effect on the relationship of the party, 
22 and any minor
child or dependent adult in the party's 
23 care, to family, school, church
and community.

24  (3) Subject to the exceptions set forth in paragraph 
25 (4) of this
subsection, the court shall make its findings 
26 in an official record or in
writing, and shall at a minimum 
 
 
HB4314- 218 -LRB100 15650 RLC 30751 b


1 set forth the following:

2   (i) That the court has considered the applicable 
3 relevant factors
described in paragraphs (1) and (2) of 
4 this subsection.

5   (ii) Whether the conduct or actions of respondent, 
6 unless
prohibited, will likely cause irreparable harm 
7 or continued abuse.

8   (iii) Whether it is necessary to grant the 
9 requested relief in order
to protect petitioner or 
10 other alleged abused persons.

11  (4) (Blank).

12  (5) Never married parties. No rights or 
13 responsibilities for a minor
child born outside of marriage 
14 attach to a putative father until a father and
child 
15 relationship has been established under the Illinois 
16 Parentage Act of
1984 or under the Illinois Parentage Act 
17 of 2015 on and after the effective date of that Act. Absent 
18 such an adjudication, no putative father shall be granted

19 temporary custody of the minor child, visitation with the 
20 minor child, or
physical care
and possession of the minor 
21 child, nor shall
an order of payment for support of the 
22 minor child be entered.

23 (d) Balance of hardships; findings. If the court finds that 
24the balance
of hardships does not support the granting of a 
25remedy governed by
paragraph (2), (3), (10), (11), or (16) of

26subsection (b) of this Section,
which may require such 
 
 
HB4314- 219 -LRB100 15650 RLC 30751 b


1balancing, the court's findings shall so
indicate and shall 
2include a finding as to whether granting the remedy will
result 
3in hardship to respondent that would substantially outweigh the 
4hardship
to petitioner
from denial of the remedy. The findings 
5shall be an official record or in
writing.

6 (e) Denial of remedies. Denial of any remedy shall not be 
7based, in
whole or in part, on evidence that:

8  (1) Respondent has cause for any use of force, unless 
9 that cause
satisfies the standards for justifiable use of 
10 force provided by Article
7 of the Criminal Code of 2012;

11  (2) Respondent was voluntarily intoxicated;

12  (3) Petitioner acted in self-defense or defense of 
13 another, provided
that, if petitioner utilized force, such 
14 force was justifiable under
Article 7 of the Criminal Code 
15 of 2012; 

16  (4) Petitioner did not act in self-defense or defense 
17 of another;

18  (5) Petitioner left the residence or household to avoid 
19 further abuse
by respondent;

20  (6) Petitioner did not leave the residence or household 
21 to avoid further
abuse by respondent;

22  (7) Conduct by any family or household member excused 
23 the abuse by
respondent, unless that same conduct would 
24 have excused such abuse if the
parties had not been family 
25 or household members.

26(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18; 
 
 
HB4314- 220 -LRB100 15650 RLC 30751 b


1100-388, eff. 1-1-18; revised 10-10-17.)


2 (725 ILCS 5/112A-14.7)
3 Sec. 112A-14.7. Stalking no contact order; remedies.
4 (a) The court may order any of the remedies listed in this 
5Section. The remedies listed in this Section shall be in 
6addition to other civil or criminal remedies available to 
7petitioner.
A stalking no contact order shall order one or more 
8of the following:
9  (1) prohibit the respondent from threatening to
commit 
10 or committing stalking;
11  (2) order the respondent not to have any contact with

12 the petitioner or a third person specifically named by the 
13 court;
14  (3) prohibit the respondent from knowingly coming

15 within, or knowingly remaining within a specified distance 
16 of the petitioner or the petitioner's residence, school, 
17 daycare, or place of employment, or any specified place 
18 frequented by the petitioner; however, the court may order 
19 the respondent to stay away from the respondent's own 
20 residence, school, or place of employment only if the 
21 respondent has been provided actual notice of the 
22 opportunity to appear and be heard on the petition;
23  (4) prohibit the respondent from possessing a
Firearm 
24 Owners Identification Card, or possessing or buying 
25 firearms; and
 
 
HB4314- 221 -LRB100 15650 RLC 30751 b


1  (5) order other injunctive relief the court
determines 
2 to be necessary to protect the petitioner or third party 
3 specifically named by the court.
4 (b) When the petitioner and the respondent attend the same 
5public, private, or non-public elementary, middle, or high 
6school, the court when issuing a stalking no contact order and 
7providing relief shall consider the severity of the act, any 
8continuing physical danger or emotional distress to the 
9petitioner, the educational rights guaranteed to the 
10petitioner and respondent under federal and State law, the 
11availability of a transfer of the respondent to another school, 
12a change of placement or a change of program of the respondent, 
13the expense, difficulty, and educational disruption that would 
14be caused by a transfer of the respondent to another school, 
15and any other relevant facts of the case. The court may order 
16that the respondent not attend the public, private, or 
17non-public elementary, middle, or high school attended by the 
18petitioner, order that the respondent accept a change of 
19placement or program, as determined by the school district or 
20private or non-public school, or place restrictions on the 
21respondent's movements within the school attended by the 
22petitioner. The respondent bears the burden of proving by a 
23preponderance of the evidence that a transfer, change of 
24placement, or change of program of the respondent is not 
25available. The respondent also bears the burden of production 
26with respect to the expense, difficulty, and educational 
 
 
HB4314- 222 -LRB100 15650 RLC 30751 b


1disruption that would be caused by a transfer of the respondent 
2to another school. A transfer, change of placement, or change 
3of program is not unavailable to the respondent solely on the 
4ground that the respondent does not agree with the school 
5district's or private or non-public school's transfer, change 
6of placement, or change of program or solely on the ground that 
7the respondent fails or refuses to consent to or otherwise does 
8not take an action required to effectuate a transfer, change of 
9placement, or change of program. When a court orders a 
10respondent to stay away from the public, private, or non-public 
11school attended by the petitioner and the respondent requests a 
12transfer to another attendance center within the respondent's 
13school district or private or non-public school, the school 
14district or private or non-public school shall have sole 
15discretion to determine the attendance center to which the 
16respondent is transferred. If the court order results in a 
17transfer of the minor respondent to another attendance center, 
18a change in the respondent's placement, or a change of the 
19respondent's program, the parents, guardian, or legal 
20custodian of the respondent is responsible for transportation 
21and other costs associated with the transfer or change.
22 (c) The court may order the parents, guardian, or legal 
23custodian of a minor respondent to take certain actions or to 
24refrain from taking certain actions to ensure that the 
25respondent complies with the order. If the court orders a 
26transfer of the respondent to another school, the parents, 
 
 
HB4314- 223 -LRB100 15650 RLC 30751 b


1guardian, or legal custodian of the respondent are responsible 
2for transportation and other costs associated with the change 
3of school by the respondent.
4 (d) The court shall not hold a school district or private 
5or non-public school or any of its employees in civil or 
6criminal contempt unless the school district or private or 
7non-public school has been allowed to intervene.
8 (e) The court may hold the parents, guardian, or legal 
9custodian of a minor respondent in civil or criminal contempt 
10for a violation of any provision of any order entered under 
11this Article for conduct of the minor respondent in violation 
12of this Article if the parents, guardian, or legal custodian 
13directed, encouraged, or assisted the respondent minor in the 
14conduct.
15 (f) Monetary damages are not recoverable as a remedy.
16 (g) (Blank). If the stalking no contact order prohibits the 
17respondent from possessing a Firearm Owner's Identification 
18Card, or possessing or buying firearms; the court shall 
19confiscate the respondent's Firearm Owner's Identification 
20Card and immediately return the card to the Department of State 
21Police Firearm Owner's Identification Card Office.

22(Source: P.A. 100-199, eff. 1-1-18.)

23 Section 95. The Unified Code of Corrections is amended by 
24changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as 
25follows:

 
 
HB4314- 224 -LRB100 15650 RLC 30751 b


1 (730 ILCS 5/5-4.5-110)
2 (Section scheduled to be repealed on January 1, 2023)
3 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH 
4PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
5 (a) DEFINITIONS. For the purposes of this Section:
6  "Firearm" has the meaning ascribed to it in Section 
7 2-7.5 of the Criminal Code of 2012 1.1 of the Firearm 
8 Owners Identification Card Act.
9  "Qualifying predicate offense" means the following 
10 offenses under the Criminal Code of 2012:
11   (A) aggravated unlawful use of a weapon under 
12 Section 24-1.6 or similar offense under the Criminal 
13 Code of 1961, when the weapon is a firearm; 
14   (B) unlawful use or possession of a weapon by a 
15 felon under Section 24-1.1 or similar offense under the 
16 Criminal Code of 1961, when the
weapon is a firearm;
17   (C) first degree murder under Section 9-1 or 
18 similar offense under the Criminal Code of 1961;
19   (D) attempted first degree murder with a firearm or 
20 similar offense under the Criminal Code of 1961;
21   (E) aggravated kidnapping with a firearm under 
22 paragraph (6) or (7) of subsection (a) of Section 10-2 
23 or similar offense under the Criminal Code of 1961;
24   (F) aggravated battery with a firearm under 
25 subsection (e) of Section 12-3.05 or similar offense 
 
 
HB4314- 225 -LRB100 15650 RLC 30751 b


1 under the Criminal Code of 1961;
2   (G) aggravated criminal sexual assault under 
3 Section 11-1.30 or similar offense under the Criminal 
4 Code of 1961;
5   (H) predatory criminal sexual assault of a child 
6 under Section 11-1.40 or similar offense under the 
7 Criminal Code of 1961;
8   (I) armed robbery under Section 18-2 or similar 
9 offense under the Criminal Code of 1961;
10   (J) vehicular hijacking under Section 18-3 or 
11 similar offense under the Criminal Code of 1961;
12   (K) aggravated vehicular hijacking under Section 
13 18-4 or similar offense under the Criminal Code of 
14 1961;
15   (L) home invasion with a firearm under paragraph 
16 (3), (4), or (5) of subsection (a) of Section 19-6 or 
17 similar offense under the Criminal Code of 1961;
18   (M) aggravated discharge of a firearm under 
19 Section 24-1.2 or similar offense under the Criminal 
20 Code of 1961;
21   (N) aggravated discharge of a machine gun or a 
22 firearm equipped with a device
designed or used for 
23 silencing the report of a firearm under Section 
24 24-1.2-5 or similar offense under the Criminal Code of 
25 1961;
26   (0) unlawful use of firearm projectiles under 
 
 
HB4314- 226 -LRB100 15650 RLC 30751 b


1 Section 24-2.1 or similar offense under the Criminal 
2 Code of 1961;
3   (P) manufacture, sale, or transfer of bullets or 
4 shells represented to be armor piercing
bullets, 
5 dragon's breath shotgun shells, bolo shells, or 
6 flechette shells under Section 24-2.2 or similar 
7 offense under the Criminal Code of 1961;
8   (Q) unlawful sale or delivery of firearms under 
9 Section 24-3 or similar offense under the Criminal Code 
10 of 1961;
11   (R) unlawful discharge of firearm projectiles 
12 under Section 24-3.2 or similar offense under the 
13 Criminal Code of 1961;
14   (S) unlawful sale or delivery of firearms on school 
15 premises of any school under Section 24-3.3 or similar 
16 offense under the Criminal Code of 1961;
17   (T) unlawful purchase of a firearm under Section 
18 24-3.5 or similar offense under the Criminal Code of 
19 1961;
20   (U) use of a stolen firearm in the commission of an 
21 offense under Section 24-3.7 or similar offense under 
22 the Criminal Code of 1961;
23   (V) possession of a stolen firearm under Section 
24 24-3.8 or similar offense under the Criminal Code of 
25 1961;
26   (W) aggravated possession of a stolen firearm 
 
 
HB4314- 227 -LRB100 15650 RLC 30751 b


1 under Section 24-3.9 or similar offense under the 
2 Criminal Code of 1961;
3   (X) gunrunning under Section 24-3A or similar 
4 offense under the Criminal Code of 1961;
5   (Y) defacing identification marks of firearms 
6 under Section 24-5 or similar offense under the 
7 Criminal Code of 1961; and
8   (Z) armed violence under Section 33A-2 or similar 
9 offense under the Criminal Code of 1961. 
10 (b) APPLICABILITY. For an offense committed on or after the 
11effective date of this amendatory Act of the 100th General 
12Assembly and before January 1, 2023, when a person is convicted 
13of unlawful use or possession of a weapon by a felon, when the 
14weapon is a firearm, or aggravated unlawful use of a weapon, 
15when the weapon is a firearm, after being previously convicted 
16of a qualifying predicate offense the person shall be subject 
17to the sentencing guidelines under this Section.
18 (c) SENTENCING GUIDELINES.
19  (1) When a person is convicted of unlawful use or 
20 possession of a weapon by a felon, when the weapon is a 
21 firearm, and that person has been previously convicted of a 
22 qualifying predicate offense, the person shall be 
23 sentenced to a term of imprisonment within the sentencing 
24 range of not less than 7 years and not more than 14 years, 
25 unless the court finds that a departure from the sentencing 
26 guidelines under this paragraph is warranted under 
 
 
HB4314- 228 -LRB100 15650 RLC 30751 b


1 subsection (d) of this Section.
2  (2) When a person is convicted of aggravated unlawful 
3 use of a weapon, when the weapon is a firearm, and that 
4 person has been previously convicted of a qualifying 
5 predicate offense, the person shall be sentenced to a term 
6 of imprisonment within the sentencing range of not less 
7 than 6 years and not more than 7 years, unless the court 
8 finds that a departure from the sentencing guidelines under 
9 this paragraph is warranted under subsection (d) of this 
10 Section. 
11  (3) The sentencing guidelines in paragraphs (1) and (2) 
12 of this subsection (c) apply only to offenses committed on 
13 and after the effective date of this amendatory Act of the 
14 100th General Assembly and before January 1, 2023. 
15 (d) DEPARTURE FROM SENTENCING GUIDELINES.
16  (1) At the sentencing hearing conducted under Section 
17 5-4-1 of this Code, the court may depart from the

18 sentencing guidelines provided in subsection (c) of this 
19 Section and impose a sentence
otherwise authorized by law 
20 for the offense if the court, after considering any factor 
21 under paragraph (2) of this subsection (d) relevant to the 
22 nature and
circumstances of the crime and to the history 
23 and character of the defendant, finds on the record

24 substantial and compelling justification that the sentence 
25 within the sentencing guidelines would be unduly harsh and

26 that a sentence otherwise authorized by law would be 
 
 
HB4314- 229 -LRB100 15650 RLC 30751 b


1 consistent with public
safety and does not deprecate the 
2 seriousness of the offense.
3  (2) In deciding whether to depart from the sentencing 
4 guidelines under this paragraph, the court shall
consider:
5   (A) the age, immaturity, or limited mental 
6 capacity of the defendant at the time of
commission of 
7 the qualifying predicate or current offense, including 
8 whether the defendant
was suffering from a mental or 
9 physical condition insufficient to constitute a

10 defense but significantly reduced the defendant's 
11 culpability;
12   (B) the nature and circumstances of the qualifying 
13 predicate offense;
14   (C) the time elapsed since the qualifying 
15 predicate offense;
16   (D) the nature and circumstances of the current 
17 offense;
18   (E) the defendant's prior criminal history;
19   (F) whether the defendant committed the qualifying 
20 predicate or current offense under
specific and 
21 credible duress, coercion, threat, or compulsion;
22   (G) whether the defendant aided in the 
23 apprehension of another felon or testified
truthfully 
24 on behalf of another prosecution of a felony; and
25   (H) whether departure is in the interest of the 
26 person's rehabilitation, including employment or 
 
 
HB4314- 230 -LRB100 15650 RLC 30751 b


1 educational or vocational training, after taking into 
2 account any past rehabilitation efforts or 
3 dispositions of probation or supervision, and the 
4 defendant's cooperation or response to rehabilitation.
5  (3) When departing from the sentencing guidelines 
6 under this Section, the court shall specify on the record, 
7 the particular evidence, information, factor or factors, 
8 or other reasons which led to the departure from the 
9 sentencing guidelines. When departing from the sentencing 
10 range in accordance with this subsection (d), the court 
11 shall indicate on the sentencing order which departure 
12 factor or factors outlined in paragraph (2) of this 
13 subsection (d) led to the sentence imposed. The sentencing 
14 order shall be filed with the clerk of the court and shall 
15 be a public record.
16 (e) This Section is repealed on January 1, 2023. 

17(Source: P.A. 100-3, eff. 1-1-18.)


18 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)

 
19 Sec. 5-5-3. Disposition. 

20 (a) (Blank).

21 (b) (Blank). 

22 (c) (1) (Blank).

23 (2) A period of probation, a term of periodic imprisonment 
24or
conditional discharge shall not be imposed for the following 
25offenses.
The court shall sentence the offender to not less 
 
 
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1than the minimum term
of imprisonment set forth in this Code 
2for the following offenses, and
may order a fine or restitution 
3or both in conjunction with such term of
imprisonment:

4  (A) First degree murder where the death penalty is not 
5 imposed.

6  (B) Attempted first degree murder.

7  (C) A Class X felony.

8  (D) A violation of Section 401.1 or 407 of the
Illinois 
9 Controlled Substances Act, or a violation of subdivision 
10 (c)(1.5) of
Section 401 of that Act which relates to more 
11 than 5 grams of a substance
containing fentanyl or an 
12 analog thereof.

13  (D-5) A violation of subdivision (c)(1) of
Section 401 
14 of the Illinois Controlled Substances Act which relates to 
15 3 or more grams of a substance
containing heroin or an 
16 analog thereof. 
17  (E) (Blank).

18  (F) A Class 1 or greater felony if the offender had 
19 been convicted
of a Class 1 or greater felony, including 
20 any state or federal conviction for an offense that 
21 contained, at the time it was committed, the same elements 
22 as an offense now (the date of the offense committed after 
23 the prior Class 1 or greater felony) classified as a Class 
24 1 or greater felony, within 10 years of the date on which 
25 the
offender
committed the offense for which he or she is 
26 being sentenced, except as
otherwise provided in Section 
 
 
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1 40-10 of the Alcoholism and Other Drug Abuse and
Dependency 
2 Act.

3  (F-3) A Class 2 or greater felony sex offense or felony 
4 firearm offense if the offender had been convicted of a 
5 Class 2 or greater felony, including any state or federal 
6 conviction for an offense that contained, at the time it 
7 was committed, the same elements as an offense now (the 
8 date of the offense committed after the prior Class 2 or 
9 greater felony) classified as a Class 2 or greater felony, 
10 within 10 years of the date on which the offender committed 
11 the offense for which he or she is being sentenced, except 
12 as otherwise provided in Section 40-10 of the Alcoholism 
13 and Other Drug Abuse and Dependency Act. 
14  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of 
15 the Criminal Code of 1961 or the Criminal Code of 2012 for 
16 which imprisonment is prescribed in those Sections.
17  (G) Residential burglary, except as otherwise provided 
18 in Section 40-10
of the Alcoholism and Other Drug Abuse and 
19 Dependency Act.

20  (H) Criminal sexual assault.

21  (I) Aggravated battery of a senior citizen as described 
22 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 
23 of the Criminal Code of 1961 or the Criminal Code of 2012.

24  (J) A forcible felony if the offense was related to the 
25 activities of an
organized gang.

26  Before July 1, 1994, for the purposes of this 
 
 
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1 paragraph, "organized
gang" means an association of 5 or 
2 more persons, with an established hierarchy,
that 
3 encourages members of the association to perpetrate crimes 
4 or provides
support to the members of the association who 
5 do commit crimes.

6  Beginning July 1, 1994, for the purposes of this 
7 paragraph,
"organized gang" has the meaning ascribed to it 
8 in Section 10 of the Illinois
Streetgang Terrorism Omnibus 
9 Prevention Act.

10  (K) Vehicular hijacking.

11  (L) A second or subsequent conviction for the offense 
12 of hate crime
when the underlying offense upon which the 
13 hate crime is based is felony
aggravated
assault or felony 
14 mob action.

15  (M) A second or subsequent conviction for the offense 
16 of institutional
vandalism if the damage to the property 
17 exceeds $300.

18  (N) (Blank). A Class 3 felony violation of paragraph 
19 (1) of subsection (a) of
Section 2 of the Firearm Owners 
20 Identification Card Act.

21  (O) A violation of Section 12-6.1 or 12-6.5 of the 
22 Criminal Code of 1961 or the Criminal Code of 2012.

23  (P) A violation of paragraph (1), (2), (3), (4), (5), 
24 or (7) of
subsection (a)
of Section 11-20.1 of the Criminal 
25 Code of 1961 or the Criminal Code of 2012.

26  (Q) A violation of subsection (b) or (b-5) of Section 
 
 
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1 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
2 Code of
1961 or the Criminal Code of 2012.

3  (R) A violation of Section 24-3A of the Criminal Code 
4 of
1961 or the Criminal Code of 2012.

5  (S) (Blank).

6  (T) (Blank).

7  (U) A second or subsequent violation of Section 6-303 
8 of the Illinois Vehicle Code committed while his or her 
9 driver's license, permit, or privilege was revoked because 
10 of a violation of Section 9-3 of the Criminal Code of 1961 
11 or the Criminal Code of 2012, relating to the offense of 
12 reckless homicide, or a similar provision of a law of 
13 another state.

14  (V)
A violation of paragraph (4) of subsection (c) of 
15 Section 11-20.1B or paragraph (4) of subsection (c) of 
16 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
17 (6) of subsection (a) of Section 11-20.1 of the Criminal 
18 Code of 2012 when the victim is under 13 years of age and 
19 the defendant has previously been convicted under the laws 
20 of this State or any other state of the offense of child 
21 pornography, aggravated child pornography, aggravated 
22 criminal sexual abuse, aggravated criminal sexual assault, 
23 predatory criminal sexual assault of a child, or any of the 
24 offenses formerly known as rape, deviate sexual assault, 
25 indecent liberties with a child, or aggravated indecent 
26 liberties with a child where the victim was under the age 
 
 
HB4314- 235 -LRB100 15650 RLC 30751 b


1 of 18 years or an offense that is substantially equivalent 
2 to those offenses.
3  (W) A violation of Section 24-3.5 of the Criminal Code 
4 of 1961 or the Criminal Code of 2012.

5  (X) A violation of subsection (a) of Section 31-1a of 
6 the Criminal Code of 1961 or the Criminal Code of 2012.
7  (Y) A conviction for unlawful possession of a firearm 
8 by a street gang member when the firearm was loaded or 
9 contained firearm ammunition. 
10  (Z) A Class 1 felony committed while he or she was 
11 serving a term of probation or conditional discharge for a 
12 felony.
13  (AA) Theft of property exceeding $500,000 and not 
14 exceeding $1,000,000 in value.
15  (BB) Laundering of criminally derived property of a 
16 value exceeding
$500,000.
17  (CC) Knowingly selling, offering for sale, holding for 
18 sale, or using 2,000 or more counterfeit items or 
19 counterfeit items having a retail value in the aggregate of 
20 $500,000 or more. 
21  (DD) A conviction for aggravated assault under 
22 paragraph (6) of subsection (c) of Section 12-2 of the 
23 Criminal Code of 1961 or the Criminal Code of 2012 if the 
24 firearm is aimed toward the person against whom the firearm 
25 is being used. 
26  (EE) A conviction for a violation of paragraph (2) of 
 
 
HB4314- 236 -LRB100 15650 RLC 30751 b


1 subsection (a) of Section 24-3B of the Criminal Code of 
2 2012. 
3 (3) (Blank).

4 (4) A minimum term of imprisonment of not less than 10

5consecutive days or 30 days of community service shall be 
6imposed for a
violation of paragraph (c) of Section 6-303 of 
7the Illinois Vehicle Code.

8 (4.1) (Blank).

9 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
10this subsection (c), a
minimum of
100 hours of community 
11service shall be imposed for a second violation of
Section 
126-303
of the Illinois Vehicle Code.

13 (4.3) A minimum term of imprisonment of 30 days or 300 
14hours of community
service, as determined by the court, shall

15be imposed for a second violation of subsection (c) of Section 
166-303 of the
Illinois Vehicle Code.

17 (4.4) Except as provided in paragraphs
(4.5), (4.6), and 
18(4.9) of this
subsection (c), a
minimum term of imprisonment of 
1930 days or 300 hours of community service, as
determined by the 
20court, shall
be imposed
for a third or subsequent violation of 
21Section 6-303 of the Illinois Vehicle
Code.

22 (4.5) A minimum term of imprisonment of 30 days
shall be 
23imposed for a third violation of subsection (c) of
Section 
246-303 of the Illinois Vehicle Code.

25 (4.6) Except as provided in paragraph (4.10) of this 
26subsection (c), a minimum term of imprisonment of 180 days 
 
 
HB4314- 237 -LRB100 15650 RLC 30751 b


1shall be imposed for a
fourth or subsequent violation of 
2subsection (c) of Section 6-303 of the
Illinois Vehicle Code.

3 (4.7) A minimum term of imprisonment of not less than 30 
4consecutive days, or 300 hours of community service, shall be 
5imposed for a violation of subsection (a-5) of Section 6-303 of 
6the Illinois Vehicle Code, as provided in subsection (b-5) of 
7that Section.

8 (4.8) A mandatory prison sentence shall be imposed for a 
9second violation of subsection (a-5) of Section 6-303 of the 
10Illinois Vehicle Code, as provided in subsection (c-5) of that 
11Section. The person's driving privileges shall be revoked for a 
12period of not less than 5 years from the date of his or her 
13release from prison.

14 (4.9) A mandatory prison sentence of not less than 4 and 
15not more than 15 years shall be imposed for a third violation 
16of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
17Code, as provided in subsection (d-2.5) of that Section. The 
18person's driving privileges shall be revoked for the remainder 
19of his or her life.

20 (4.10) A mandatory prison sentence for a Class 1 felony 
21shall be imposed, and the person shall be eligible for an 
22extended term sentence, for a fourth or subsequent violation of 
23subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, 
24as provided in subsection (d-3.5) of that Section. The person's 
25driving privileges shall be revoked for the remainder of his or 
26her life.

 
 
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1 (5) The court may sentence a corporation or unincorporated

2association convicted of any offense to:

3  (A) a period of conditional discharge;

4  (B) a fine;

5  (C) make restitution to the victim under Section 5-5-6 
6 of this Code.

7 (5.1) In addition to any other penalties imposed, and 
8except as provided in paragraph (5.2) or (5.3), a person

9convicted of violating subsection (c) of Section 11-907 of the 
10Illinois
Vehicle Code shall have his or her driver's license, 
11permit, or privileges
suspended for at least 90 days but not 
12more than one year, if the violation
resulted in damage to the 
13property of another person.

14 (5.2) In addition to any other penalties imposed, and 
15except as provided in paragraph (5.3), a person convicted
of 
16violating subsection (c) of Section 11-907 of the Illinois 
17Vehicle Code
shall have his or her driver's license, permit, or 
18privileges suspended for at
least 180 days but not more than 2 
19years, if the violation resulted in injury
to
another person.

20 (5.3) In addition to any other penalties imposed, a person 
21convicted of violating subsection (c) of Section
11-907 of the 
22Illinois Vehicle Code shall have his or her driver's license,

23permit, or privileges suspended for 2 years, if the violation 
24resulted in the
death of another person.

25 (5.4) In addition to any other penalties imposed, a person 
26convicted of violating Section 3-707 of the Illinois Vehicle 
 
 
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1Code shall have his or her driver's license, permit, or 
2privileges suspended for 3 months and until he or she has paid 
3a reinstatement fee of $100.
4 (5.5) In addition to any other penalties imposed, a person 
5convicted of violating Section 3-707 of the Illinois Vehicle 
6Code during a period in which his or her driver's license, 
7permit, or privileges were suspended for a previous violation 
8of that Section shall have his or her driver's license, permit, 
9or privileges suspended for an additional 6 months after the 
10expiration of the original 3-month suspension and until he or 
11she has paid a reinstatement fee of $100.

12 (6) (Blank).

13 (7) (Blank).

14 (8) (Blank).

15 (9) A defendant convicted of a second or subsequent offense 
16of ritualized
abuse of a child may be sentenced to a term of 
17natural life imprisonment.

18 (10) (Blank).

19 (11) The court shall impose a minimum fine of $1,000 for a 
20first offense
and $2,000 for a second or subsequent offense 
21upon a person convicted of or
placed on supervision for battery 
22when the individual harmed was a sports
official or coach at 
23any level of competition and the act causing harm to the
sports

24official or coach occurred within an athletic facility or 
25within the immediate vicinity
of the athletic facility at which 
26the sports official or coach was an active
participant
of the 
 
 
HB4314- 240 -LRB100 15650 RLC 30751 b


1athletic contest held at the athletic facility. For the 
2purposes of
this paragraph (11), "sports official" means a 
3person at an athletic contest
who enforces the rules of the 
4contest, such as an umpire or referee; "athletic facility" 
5means an indoor or outdoor playing field or recreational area 
6where sports activities are conducted;
and "coach" means a 
7person recognized as a coach by the sanctioning
authority that 
8conducted the sporting event.
9 (12) A person may not receive a disposition of court 
10supervision for a
violation of Section 5-16 of the Boat 
11Registration and Safety Act if that
person has previously 
12received a disposition of court supervision for a
violation of 
13that Section.

14 (13) A person convicted of or placed on court supervision 
15for an assault or aggravated assault when the victim and the 
16offender are family or household members as defined in Section 
17103 of the Illinois Domestic Violence Act of 1986 or convicted 
18of domestic battery or aggravated domestic battery may be 
19required to attend a Partner Abuse Intervention Program under 
20protocols set forth by the Illinois Department of Human 
21Services under such terms and conditions imposed by the court. 
22The costs of such classes shall be paid by the offender.

23 (d) In any case in which a sentence originally imposed is 
24vacated,
the case shall be remanded to the trial court. The 
25trial court shall
hold a hearing under Section 5-4-1 of the 
26Unified Code of Corrections
which may include evidence of the 
 
 
HB4314- 241 -LRB100 15650 RLC 30751 b


1defendant's life, moral character and
occupation during the 
2time since the original sentence was passed. The
trial court 
3shall then impose sentence upon the defendant. The trial
court 
4may impose any sentence which could have been imposed at the

5original trial subject to Section 5-5-4 of the Unified Code of 
6Corrections.
If a sentence is vacated on appeal or on 
7collateral attack due to the
failure of the trier of fact at 
8trial to determine beyond a reasonable doubt
the
existence of a 
9fact (other than a prior conviction) necessary to increase the

10punishment for the offense beyond the statutory maximum 
11otherwise applicable,
either the defendant may be re-sentenced 
12to a term within the range otherwise
provided or, if the State 
13files notice of its intention to again seek the
extended 
14sentence, the defendant shall be afforded a new trial.

15 (e) In cases where prosecution for
aggravated criminal 
16sexual abuse under Section 11-1.60 or 12-16 of the
Criminal 
17Code of 1961 or the Criminal Code of 2012 results in conviction 
18of a defendant
who was a family member of the victim at the 
19time of the commission of the
offense, the court shall consider 
20the safety and welfare of the victim and
may impose a sentence 
21of probation only where:

22  (1) the court finds (A) or (B) or both are appropriate:

23   (A) the defendant is willing to undergo a court 
24 approved counseling
program for a minimum duration of 2 
25 years; or

26   (B) the defendant is willing to participate in a 
 
 
HB4314- 242 -LRB100 15650 RLC 30751 b


1 court approved plan
including but not limited to the 
2 defendant's:

3    (i) removal from the household;

4    (ii) restricted contact with the victim;

5    (iii) continued financial support of the 
6 family;

7    (iv) restitution for harm done to the victim; 
8 and

9    (v) compliance with any other measures that 
10 the court may
deem appropriate; and

11  (2) the court orders the defendant to pay for the 
12 victim's counseling
services, to the extent that the court 
13 finds, after considering the
defendant's income and 
14 assets, that the defendant is financially capable of
paying 
15 for such services, if the victim was under 18 years of age 
16 at the
time the offense was committed and requires 
17 counseling as a result of the
offense.

18 Probation may be revoked or modified pursuant to Section 
195-6-4; except
where the court determines at the hearing that 
20the defendant violated a
condition of his or her probation 
21restricting contact with the victim or
other family members or 
22commits another offense with the victim or other
family 
23members, the court shall revoke the defendant's probation and

24impose a term of imprisonment.

25 For the purposes of this Section, "family member" and 
26"victim" shall have
the meanings ascribed to them in Section 
 
 
HB4314- 243 -LRB100 15650 RLC 30751 b


111-0.1 of the Criminal Code of
2012.

2 (f) (Blank).

3 (g) Whenever a defendant is convicted of an offense under 
4Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 
511-14.3, 11-14.4 except for an offense that involves keeping a 
6place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
711-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 
812-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the 
9Criminal Code of 2012,
the defendant shall undergo medical 
10testing to
determine whether the defendant has any sexually 
11transmissible disease,
including a test for infection with 
12human immunodeficiency virus (HIV) or
any other identified 
13causative agent of acquired immunodeficiency syndrome
(AIDS). 
14Any such medical test shall be performed only by appropriately

15licensed medical practitioners and may include an analysis of 
16any bodily
fluids as well as an examination of the defendant's 
17person.
Except as otherwise provided by law, the results of 
18such test shall be kept
strictly confidential by all medical 
19personnel involved in the testing and must
be personally 
20delivered in a sealed envelope to the judge of the court in 
21which
the conviction was entered for the judge's inspection in 
22camera. Acting in
accordance with the best interests of the 
23victim and the public, the judge
shall have the discretion to 
24determine to whom, if anyone, the results of the
testing may be 
25revealed. The court shall notify the defendant
of the test 
26results. The court shall
also notify the victim if requested by 
 
 
HB4314- 244 -LRB100 15650 RLC 30751 b


1the victim, and if the victim is under
the age of 15 and if 
2requested by the victim's parents or legal guardian, the
court 
3shall notify the victim's parents or legal guardian of the test

4results.
The court shall provide information on the 
5availability of HIV testing
and counseling at Department of 
6Public Health facilities to all parties to
whom the results of 
7the testing are revealed and shall direct the State's
Attorney 
8to provide the information to the victim when possible.
A 
9State's Attorney may petition the court to obtain the results 
10of any HIV test
administered under this Section, and the court 
11shall grant the disclosure if
the State's Attorney shows it is 
12relevant in order to prosecute a charge of
criminal 
13transmission of HIV under Section 12-5.01 or 12-16.2 of the 
14Criminal Code of 1961 or the Criminal Code of 2012
against the 
15defendant. The court shall order that the cost of any such test

16shall be paid by the county and may be taxed as costs against 
17the convicted
defendant.

18 (g-5) When an inmate is tested for an airborne communicable 
19disease, as
determined by the Illinois Department of Public 
20Health including but not
limited to tuberculosis, the results 
21of the test shall be
personally delivered by the warden or his 
22or her designee in a sealed envelope
to the judge of the court 
23in which the inmate must appear for the judge's
inspection in 
24camera if requested by the judge. Acting in accordance with the

25best interests of those in the courtroom, the judge shall have 
26the discretion
to determine what if any precautions need to be 
 
 
HB4314- 245 -LRB100 15650 RLC 30751 b


1taken to prevent transmission
of the disease in the courtroom.

2 (h) Whenever a defendant is convicted of an offense under 
3Section 1 or 2
of the Hypodermic Syringes and Needles Act, the 
4defendant shall undergo
medical testing to determine whether 
5the defendant has been exposed to human
immunodeficiency virus 
6(HIV) or any other identified causative agent of
acquired 
7immunodeficiency syndrome (AIDS). Except as otherwise provided 
8by
law, the results of such test shall be kept strictly 
9confidential by all
medical personnel involved in the testing 
10and must be personally delivered in a
sealed envelope to the 
11judge of the court in which the conviction was entered
for the 
12judge's inspection in camera. Acting in accordance with the 
13best
interests of the public, the judge shall have the 
14discretion to determine to
whom, if anyone, the results of the 
15testing may be revealed. The court shall
notify the defendant 
16of a positive test showing an infection with the human

17immunodeficiency virus (HIV). The court shall provide 
18information on the
availability of HIV testing and counseling 
19at Department of Public Health
facilities to all parties to 
20whom the results of the testing are revealed and
shall direct 
21the State's Attorney to provide the information to the victim 
22when
possible. A State's Attorney may petition the court to 
23obtain the results of
any HIV test administered under this 
24Section, and the court shall grant the
disclosure if the 
25State's Attorney shows it is relevant in order to prosecute a

26charge of criminal transmission of HIV under Section 12-5.01 or 
 
 
HB4314- 246 -LRB100 15650 RLC 30751 b


112-16.2 of the Criminal
Code of 1961 or the Criminal Code of 
22012 against the defendant. The court shall order that the cost 
3of any
such test shall be paid by the county and may be taxed as 
4costs against the
convicted defendant.

5 (i) All fines and penalties imposed under this Section for 
6any violation
of Chapters 3, 4, 6, and 11 of the Illinois 
7Vehicle Code, or a similar
provision of a local ordinance, and 
8any violation
of the Child Passenger Protection Act, or a 
9similar provision of a local
ordinance, shall be collected and 
10disbursed by the circuit
clerk as provided under Section 27.5 
11of the Clerks of Courts Act.

12 (j) In cases when prosecution for any violation of Section 
1311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 
1411-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
1511-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 
1611-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
1712-15, or
12-16 of the
Criminal Code of 1961 or the Criminal 
18Code of 2012, any violation of the Illinois Controlled 
19Substances Act,
any violation of the Cannabis Control Act, or 
20any violation of the Methamphetamine Control and Community 
21Protection Act results in conviction, a
disposition of court 
22supervision, or an order of probation granted under
Section 10 
23of the Cannabis Control Act, Section 410 of the Illinois

24Controlled Substances Act, or Section 70 of the Methamphetamine 
25Control and Community Protection Act of a defendant, the court 
26shall determine whether the
defendant is employed by a facility 
 
 
HB4314- 247 -LRB100 15650 RLC 30751 b


1or center as defined under the Child Care
Act of 1969, a public 
2or private elementary or secondary school, or otherwise
works 
3with children under 18 years of age on a daily basis. When a 
4defendant
is so employed, the court shall order the Clerk of 
5the Court to send a copy of
the judgment of conviction or order 
6of supervision or probation to the
defendant's employer by 
7certified mail.
If the employer of the defendant is a school, 
8the Clerk of the Court shall
direct the mailing of a copy of 
9the judgment of conviction or order of
supervision or probation 
10to the appropriate regional superintendent of schools.
The 
11regional superintendent of schools shall notify the State Board 
12of
Education of any notification under this subsection.

13 (j-5) A defendant at least 17 years of age who is convicted 
14of a felony and
who has not been previously convicted of a 
15misdemeanor or felony and who is
sentenced to a term of 
16imprisonment in the Illinois Department of Corrections
shall as 
17a condition of his or her sentence be required by the court to 
18attend
educational courses designed to prepare the defendant 
19for a high school diploma
and to work toward a high school 
20diploma or to work toward passing high school equivalency 
21testing or to work toward
completing a vocational training 
22program offered by the Department of
Corrections. If a 
23defendant fails to complete the educational training
required 
24by his or her sentence during the term of incarceration, the 
25Prisoner
Review Board shall, as a condition of mandatory 
26supervised release, require the
defendant, at his or her own 
 
 
HB4314- 248 -LRB100 15650 RLC 30751 b


1expense, to pursue a course of study toward a high
school 
2diploma or passage of high school equivalency testing. The 
3Prisoner Review Board shall
revoke the mandatory supervised 
4release of a defendant who wilfully fails to
comply with this 
5subsection (j-5) upon his or her release from confinement in a

6penal institution while serving a mandatory supervised release 
7term; however,
the inability of the defendant after making a 
8good faith effort to obtain
financial aid or pay for the 
9educational training shall not be deemed a wilful
failure to 
10comply. The Prisoner Review Board shall recommit the defendant

11whose mandatory supervised release term has been revoked under 
12this subsection
(j-5) as provided in Section 3-3-9. This 
13subsection (j-5) does not apply to a
defendant who has a high 
14school diploma or has successfully passed high school 
15equivalency testing. This subsection (j-5) does not apply to a 
16defendant who is determined by
the court to be a person with a 
17developmental disability or otherwise mentally incapable of

18completing the educational or vocational program.

19 (k) (Blank).

20 (l) (A) Except as provided
in paragraph (C) of subsection 
21(l), whenever a defendant,
who is an alien as defined by the 
22Immigration and Nationality Act, is convicted
of any felony or 
23misdemeanor offense, the court after sentencing the defendant

24may, upon motion of the State's Attorney, hold sentence in 
25abeyance and remand
the defendant to the custody of the 
26Attorney General of
the United States or his or her designated 
 
 
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1agent to be deported when:

2  (1) a final order of deportation has been issued 
3 against the defendant
pursuant to proceedings under the 
4 Immigration and Nationality Act, and

5  (2) the deportation of the defendant would not 
6 deprecate the seriousness
of the defendant's conduct and 
7 would not be inconsistent with the ends of
justice.

8 Otherwise, the defendant shall be sentenced as provided in 
9this Chapter V.

10 (B) If the defendant has already been sentenced for a 
11felony or
misdemeanor
offense, or has been placed on probation 
12under Section 10 of the Cannabis
Control Act,
Section 410 of 
13the Illinois Controlled Substances Act, or Section 70 of the 
14Methamphetamine Control and Community Protection Act, the 
15court
may, upon motion of the State's Attorney to suspend the

16sentence imposed, commit the defendant to the custody of the 
17Attorney General
of the United States or his or her designated 
18agent when:

19  (1) a final order of deportation has been issued 
20 against the defendant
pursuant to proceedings under the 
21 Immigration and Nationality Act, and

22  (2) the deportation of the defendant would not 
23 deprecate the seriousness
of the defendant's conduct and 
24 would not be inconsistent with the ends of
justice.

25 (C) This subsection (l) does not apply to offenders who are 
26subject to the
provisions of paragraph (2) of subsection (a) of 
 
 
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1Section 3-6-3.

2 (D) Upon motion of the State's Attorney, if a defendant 
3sentenced under
this Section returns to the jurisdiction of the 
4United States, the defendant
shall be recommitted to the 
5custody of the county from which he or she was
sentenced.

6Thereafter, the defendant shall be brought before the 
7sentencing court, which
may impose any sentence that was 
8available under Section 5-5-3 at the time of
initial 
9sentencing. In addition, the defendant shall not be eligible 
10for
additional earned sentence credit as provided under
Section 
113-6-3.

12 (m) A person convicted of criminal defacement of property 
13under Section
21-1.3 of the Criminal Code of 1961 or the 
14Criminal Code of 2012, in which the property damage exceeds 
15$300
and the property damaged is a school building, shall be 
16ordered to perform
community service that may include cleanup, 
17removal, or painting over the
defacement.

18 (n) The court may sentence a person convicted of a 
19violation of Section
12-19, 12-21, 16-1.3, or 17-56, or 
20subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
21of 1961 or the Criminal Code of 2012 (i) to an impact

22incarceration program if the person is otherwise eligible for 
23that program
under Section 5-8-1.1, (ii) to community service, 
24or (iii) if the person is an
addict or alcoholic, as defined in 
25the Alcoholism and Other Drug Abuse and
Dependency Act, to a 
26substance or alcohol abuse program licensed under that
Act.
 
 
HB4314- 251 -LRB100 15650 RLC 30751 b


1 (o) Whenever a person is convicted of a sex offense as 
2defined in Section 2 of the Sex Offender Registration Act, the 
3defendant's driver's license or permit shall be subject to 
4renewal on an annual basis in accordance with the provisions of 
5license renewal established by the Secretary of State.


6(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; 
799-143, eff. 7-27-15; 99-885, eff. 8-23-16; 99-938, eff. 
81-1-18.)




9 (730 ILCS 5/5-5-3.2)


10 Sec. 5-5-3.2. Factors in aggravation and extended-term 
11sentencing. 

12 (a) The following factors shall be accorded weight in favor 
13of
imposing a term of imprisonment or may be considered by the 
14court as reasons
to impose a more severe sentence under Section 
155-8-1 or Article 4.5 of Chapter V:

16  (1) the defendant's conduct caused or threatened 
17 serious harm;

18  (2) the defendant received compensation for committing 
19 the offense;

20  (3) the defendant has a history of prior delinquency or 
21 criminal activity;

22  (4) the defendant, by the duties of his office or by 
23 his position,
was obliged to prevent the particular offense 
24 committed or to bring
the offenders committing it to 
25 justice;

 
 
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1  (5) the defendant held public office at the time of the 
2 offense,
and the offense related to the conduct of that 
3 office;

4  (6) the defendant utilized his professional reputation 
5 or
position in the community to commit the offense, or to 
6 afford
him an easier means of committing it;

7  (7) the sentence is necessary to deter others from 
8 committing
the same crime;

9  (8) the defendant committed the offense against a 
10 person 60 years of age
or older or such person's property;

11  (9) the defendant committed the offense against a 
12 person who has a physical disability or such person's 
13 property;

14  (10) by reason of another individual's actual or 
15 perceived race, color,
creed, religion, ancestry, gender, 
16 sexual orientation, physical or mental
disability, or 
17 national origin, the defendant committed the offense 
18 against (i)
the person or property
of that individual; (ii) 
19 the person or property of a person who has an
association 
20 with, is married to, or has a friendship with the other 
21 individual;
or (iii) the person or property of a relative 
22 (by blood or marriage) of a
person described in clause (i) 
23 or (ii). For the purposes of this Section,
"sexual 
24 orientation" has the meaning ascribed to it in paragraph 
25 (O-1) of Section 1-103 of the Illinois Human Rights Act;

26  (11) the offense took place in a place of worship or on 
 
 
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1 the
grounds of a place of worship, immediately prior to, 
2 during or immediately
following worship services. For 
3 purposes of this subparagraph, "place of
worship" shall 
4 mean any church, synagogue or other building, structure or

5 place used primarily for religious worship;

6  (12) the defendant was convicted of a felony committed 
7 while he was
released on bail or his own recognizance 
8 pending trial for a prior felony
and was convicted of such 
9 prior felony, or the defendant was convicted of a
felony 
10 committed while he was serving a period of probation,

11 conditional discharge, or mandatory supervised release 
12 under subsection (d)
of Section 5-8-1
for a prior felony;

13  (13) the defendant committed or attempted to commit a 
14 felony while he
was wearing a bulletproof vest. For the 
15 purposes of this paragraph (13), a
bulletproof vest is any 
16 device which is designed for the purpose of
protecting the 
17 wearer from bullets, shot or other lethal projectiles;

18  (14) the defendant held a position of trust or 
19 supervision such as, but
not limited to, family member as 
20 defined in Section 11-0.1 of the Criminal Code
of 2012, 
21 teacher, scout leader, baby sitter, or day care worker, in

22 relation to a victim under 18 years of age, and the 
23 defendant committed an
offense in violation of Section 
24 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
25 11-14.4 except for an offense that involves keeping a place 
26 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

 
 
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1 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
2 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
3 of 2012
against
that victim;

4  (15) the defendant committed an offense related to the 
5 activities of an
organized gang. For the purposes of this 
6 factor, "organized gang" has the
meaning ascribed to it in 
7 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
8 Act;

9  (16) the defendant committed an offense in violation of 
10 one of the
following Sections while in a school, regardless 
11 of the time of day or time of
year; on any conveyance 
12 owned, leased, or contracted by a school to transport

13 students to or from school or a school related activity; on 
14 the real property
of a school; or on a public way within 
15 1,000 feet of the real property
comprising any school: 
16 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
17 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

18 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
19 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, 
20 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
21 (a)(4) or (g)(1), of the Criminal Code of
1961 or the 
22 Criminal Code of 2012;

23  (16.5) the defendant committed an offense in violation 
24 of one of the
following Sections while in a day care 
25 center, regardless of the time of day or
time of year; on 
26 the real property of a day care center, regardless of the 
 
 
HB4314- 255 -LRB100 15650 RLC 30751 b


1 time
of day or time of year; or on a public
way within 
2 1,000 feet of the real property comprising any day care 
3 center,
regardless of the time of day or time of year:

4 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
5 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
6 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
7 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
8 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
9 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
10 Criminal Code of 2012;

11  (17) the defendant committed the offense by reason of 
12 any person's
activity as a community policing volunteer or 
13 to prevent any person from
engaging in activity as a 
14 community policing volunteer. For the purpose of
this 
15 Section, "community policing volunteer" has the meaning 
16 ascribed to it in
Section 2-3.5 of the Criminal Code of 
17 2012;

18  (18) the defendant committed the offense in a nursing 
19 home or on the
real
property comprising a nursing home. For 
20 the purposes of this paragraph (18),
"nursing home" means a 
21 skilled nursing
or intermediate long term care facility 
22 that is subject to license by the
Illinois Department of 
23 Public Health under the Nursing Home Care
Act, the 
24 Specialized Mental Health Rehabilitation Act of 2013, the 
25 ID/DD Community Care Act, or the MC/DD Act;

26  (19) the defendant was a federally licensed firearm 
 
 
HB4314- 256 -LRB100 15650 RLC 30751 b


1 dealer
and
was
previously convicted of a violation of 
2 subsection (a) of Section 3 of the
Firearm Owners 
3 Identification Card Act before its repeal by this 
4 amendatory Act of the 100th General Assembly and has now 
5 committed either a felony
violation
of the Firearm Owners 
6 Identification Card Act or an act of armed violence while

7 armed
with a firearm;
8  (20) the defendant (i) committed the offense of 
9 reckless homicide under Section 9-3 of the Criminal Code of 
10 1961 or the Criminal Code of 2012 or the offense of driving 
11 under the influence of alcohol, other drug or
drugs, 
12 intoxicating compound or compounds or any combination 
13 thereof under Section 11-501 of the Illinois Vehicle Code 
14 or a similar provision of a local ordinance and (ii) was 
15 operating a motor vehicle in excess of 20 miles per hour 
16 over the posted speed limit as provided in Article VI of 
17 Chapter 11 of the Illinois Vehicle Code;


18  (21) the defendant (i) committed the offense of 
19 reckless driving or aggravated reckless driving under 
20 Section 11-503 of the Illinois Vehicle Code and (ii) was 
21 operating a motor vehicle in excess of 20 miles per hour 
22 over the posted speed limit as provided in Article VI of 
23 Chapter 11 of the Illinois Vehicle Code;
24  (22) the defendant committed the offense against a 
25 person that the defendant knew, or reasonably should have 
26 known, was a member of the Armed Forces of the United 
 
 
HB4314- 257 -LRB100 15650 RLC 30751 b


1 States serving on active duty. For purposes of this clause 
2 (22), the term "Armed Forces" means any of the Armed Forces 
3 of the United States, including a member of any reserve 
4 component thereof or National Guard unit called to active 
5 duty;

6  (23)
the defendant committed the offense against a 
7 person who was elderly or infirm or who was a person with a 
8 disability by taking advantage of a family or fiduciary 
9 relationship with the elderly or infirm person or person 
10 with a disability;

11  (24)
the defendant committed any offense under Section 
12 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
13 of 2012 and possessed 100 or more images;

14  (25) the defendant committed the offense while the 
15 defendant or the victim was in a train, bus, or other 
16 vehicle used for public transportation;
17  (26) the defendant committed the offense of child 
18 pornography or aggravated child pornography, specifically 
19 including paragraph (1), (2), (3), (4), (5), or (7) of 
20 subsection (a) of Section 11-20.1 of the Criminal Code of 
21 1961 or the Criminal Code of 2012 where a child engaged in, 
22 solicited for, depicted in, or posed in any act of sexual 
23 penetration or bound, fettered, or subject to sadistic, 
24 masochistic, or sadomasochistic abuse in a sexual context 
25 and specifically including paragraph (1), (2), (3), (4), 
26 (5), or (7) of subsection (a) of Section 11-20.1B or 
 
 
HB4314- 258 -LRB100 15650 RLC 30751 b


1 Section 11-20.3 of the Criminal Code of 1961 where a child 
2 engaged in, solicited for, depicted in, or posed in any act 
3 of sexual penetration or bound, fettered, or subject to 
4 sadistic, masochistic, or sadomasochistic abuse in a 
5 sexual context;
6  (27) the defendant committed the offense of first 
7 degree murder, assault, aggravated assault, battery, 
8 aggravated battery, robbery, armed robbery, or aggravated 
9 robbery against a person who was a veteran and the 
10 defendant knew, or reasonably should have known, that the 
11 person was a veteran performing duties as a representative 
12 of a veterans' organization. For the purposes of this 
13 paragraph (27), "veteran" means an Illinois resident who 
14 has served as a member of the United States Armed Forces, a 
15 member of the Illinois National Guard, or a member of the 
16 United States Reserve Forces; and "veterans' organization" 
17 means an organization comprised of members of
which 
18 substantially all are individuals who are veterans or 
19 spouses,
widows, or widowers of veterans, the primary 
20 purpose of which is to
promote the welfare of its members 
21 and to provide assistance to the general
public in such a 
22 way as to confer a public benefit; 
23  (28) the defendant committed the offense of assault, 
24 aggravated assault, battery, aggravated battery, robbery, 
25 armed robbery, or aggravated robbery against a person that 
26 the defendant knew or reasonably should have known was a 
 
 
HB4314- 259 -LRB100 15650 RLC 30751 b


1 letter carrier or postal worker while that person was 
2 performing his or her duties delivering mail for the United 
3 States Postal Service;
4  (29) the defendant committed the offense of criminal 
5 sexual assault, aggravated criminal sexual assault, 
6 criminal sexual abuse, or aggravated criminal sexual abuse 
7 against a victim with an intellectual disability, and the 
8 defendant holds a position of trust, authority, or 
9 supervision in relation to the victim; or
10  (30) the defendant committed the offense of promoting 
11 juvenile prostitution, patronizing a prostitute, or 
12 patronizing a minor engaged in prostitution and at the time 
13 of the commission of the offense knew that the prostitute 
14 or minor engaged in prostitution was in the custody or 
15 guardianship of the Department of Children and Family 
16 Services. 
17 For the purposes of this Section:

18 "School" is defined as a public or private
elementary or 
19secondary school, community college, college, or university.

20 "Day care center" means a public or private State certified 
21and
licensed day care center as defined in Section 2.09 of the 
22Child Care Act of
1969 that displays a sign in plain view 
23stating that the
property is a day care center.

24 "Intellectual disability" means significantly subaverage 
25intellectual functioning which exists concurrently
with 
26impairment in adaptive behavior. 
 
 
HB4314- 260 -LRB100 15650 RLC 30751 b


1 "Public transportation" means the transportation
or 
2conveyance of persons by means available to the general public, 
3and includes paratransit services.
4 (b) The following factors, related to all felonies, may be 
5considered by the court as
reasons to impose an extended term 
6sentence under Section 5-8-2
upon any offender:

7  (1) When a defendant is convicted of any felony, after 
8 having
been previously convicted in Illinois or any other 
9 jurisdiction of the
same or similar class felony or greater 
10 class felony, when such conviction
has occurred within 10 
11 years after the
previous conviction, excluding time spent 
12 in custody, and such charges are
separately brought and 
13 tried and arise out of different series of acts; or

14  (2) When a defendant is convicted of any felony and the 
15 court
finds that the offense was accompanied by 
16 exceptionally brutal
or heinous behavior indicative of 
17 wanton cruelty; or

18  (3) When a defendant is convicted of any felony 
19 committed against:

20   (i) a person under 12 years of age at the time of 
21 the offense or such
person's property;

22   (ii) a person 60 years of age or older at the time 
23 of the offense or
such person's property; or

24   (iii) a person who had a physical disability at the 
25 time of the offense or
such person's property; or

26  (4) When a defendant is convicted of any felony and the 
 
 
HB4314- 261 -LRB100 15650 RLC 30751 b


1 offense
involved any of the following types of specific 
2 misconduct committed as
part of a ceremony, rite, 
3 initiation, observance, performance, practice or
activity 
4 of any actual or ostensible religious, fraternal, or social 
5 group:

6   (i) the brutalizing or torturing of humans or 
7 animals;

8   (ii) the theft of human corpses;

9   (iii) the kidnapping of humans;

10   (iv) the desecration of any cemetery, religious, 
11 fraternal, business,
governmental, educational, or 
12 other building or property; or

13   (v) ritualized abuse of a child; or

14  (5) When a defendant is convicted of a felony other 
15 than conspiracy and
the court finds that
the felony was 
16 committed under an agreement with 2 or more other persons

17 to commit that offense and the defendant, with respect to 
18 the other
individuals, occupied a position of organizer, 
19 supervisor, financier, or any
other position of management 
20 or leadership, and the court further finds that
the felony 
21 committed was related to or in furtherance of the criminal

22 activities of an organized gang or was motivated by the 
23 defendant's leadership
in an organized gang; or

24  (6) When a defendant is convicted of an offense 
25 committed while using a firearm with a
laser sight attached 
26 to it. For purposes of this paragraph, "laser sight"
has 
 
 
HB4314- 262 -LRB100 15650 RLC 30751 b


1 the meaning ascribed to it in Section 26-7 of the Criminal 
2 Code of
2012; or

3  (7) When a defendant who was at least 17 years of age 
4 at the
time of
the commission of the offense is convicted 
5 of a felony and has been previously
adjudicated a 
6 delinquent minor under the Juvenile Court Act of 1987 for 
7 an act
that if committed by an adult would be a Class X or 
8 Class 1 felony when the
conviction has occurred within 10 
9 years after the previous adjudication,
excluding time 
10 spent in custody; or

11  (8) When a defendant commits any felony and the 
12 defendant used, possessed, exercised control over, or 
13 otherwise directed an animal to assault a law enforcement 
14 officer engaged in the execution of his or her official 
15 duties or in furtherance of the criminal activities of an 
16 organized gang in which the defendant is engaged; or


17  (9) When a defendant commits any felony and the 
18 defendant knowingly video or audio records the offense with 
19 the intent to disseminate the recording. 
20 (c) The following factors may be considered by the court as 
21reasons to impose an extended term sentence under Section 5-8-2 
22(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
23  (1) When a defendant is convicted of first degree 
24 murder, after having been previously convicted in Illinois 
25 of any offense listed under paragraph (c)(2) of Section 
26 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred 
 
 
HB4314- 263 -LRB100 15650 RLC 30751 b


1 within 10 years after the previous conviction, excluding 
2 time spent in custody, and the charges are separately 
3 brought and tried and arise out of different series of 
4 acts.
5  (1.5) When a defendant is convicted of first degree 
6 murder, after having been previously convicted of domestic 
7 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
8 (720 ILCS 5/12-3.3) committed on the same victim or after 
9 having been previously convicted of violation of an order 
10 of protection (720 ILCS 5/12-30) in which the same victim 
11 was the protected person. 
12  (2) When a defendant is convicted of voluntary 
13 manslaughter, second degree murder, involuntary 
14 manslaughter, or reckless homicide in which the defendant 
15 has been convicted of causing the death of more than one 
16 individual.
17  (3) When a defendant is convicted of aggravated 
18 criminal sexual assault or criminal sexual assault, when 
19 there is a finding that aggravated criminal sexual assault 
20 or criminal sexual assault was also committed on the same 
21 victim by one or more other individuals, and the defendant 
22 voluntarily participated in the crime with the knowledge of 
23 the participation of the others in the crime, and the 
24 commission of the crime was part of a single course of 
25 conduct during which there was no substantial change in the 
26 nature of the criminal objective.
 
 
HB4314- 264 -LRB100 15650 RLC 30751 b


1  (4) If the victim was under 18 years of age at the time 
2 of the commission of the offense, when a defendant is 
3 convicted of aggravated criminal sexual assault or 
4 predatory criminal sexual assault of a child under 
5 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
6 of Section 12-14.1 of the Criminal Code of 1961 or the 
7 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
8  (5) When a defendant is convicted of a felony violation 
9 of Section 24-1 of the Criminal Code of 1961 or the 
10 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
11 finding that the defendant is a member of an organized 
12 gang.
13  (6) When a defendant was convicted of unlawful use of 
14 weapons under Section 24-1 of the Criminal Code of 1961 or 
15 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
16 a weapon that is not readily distinguishable as one of the 
17 weapons enumerated in Section 24-1 of the Criminal Code of 
18 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
19  (7) When a defendant is convicted of an offense 
20 involving the illegal manufacture of a controlled 
21 substance under Section 401 of the Illinois Controlled 
22 Substances Act (720 ILCS 570/401), the illegal manufacture 
23 of methamphetamine under Section 25 of the Methamphetamine 
24 Control and Community Protection Act (720 ILCS 646/25), or 
25 the illegal possession of explosives and an emergency 
26 response officer in the performance of his or her duties is 
 
 
HB4314- 265 -LRB100 15650 RLC 30751 b


1 killed or injured at the scene of the offense while 
2 responding to the emergency caused by the commission of the 
3 offense. In this paragraph, "emergency" means a situation 
4 in which a person's life, health, or safety is in jeopardy; 
5 and "emergency response officer" means a peace officer, 
6 community policing volunteer, fireman, emergency medical 
7 technician-ambulance, emergency medical 
8 technician-intermediate, emergency medical 
9 technician-paramedic, ambulance driver, other medical 
10 assistance or first aid personnel, or hospital emergency 
11 room personnel.

12  (8) When the defendant is convicted of attempted mob 
13 action, solicitation to commit mob action, or conspiracy to 
14 commit mob action under Section 8-1, 8-2, or 8-4 of the 
15 Criminal Code of 2012, where the criminal object is a 
16 violation of Section 25-1 of the Criminal Code of 2012, and 
17 an electronic communication is used in the commission of 
18 the offense. For the purposes of this paragraph (8), 
19 "electronic communication" shall have the meaning provided 
20 in Section 26.5-0.1 of the Criminal Code of 2012. 
21 (d) For the purposes of this Section, "organized gang" has 
22the meaning
ascribed to it in Section 10 of the Illinois 
23Streetgang Terrorism Omnibus
Prevention Act.

24 (e) The court may impose an extended term sentence under 
25Article 4.5 of Chapter V upon an offender who has been 
26convicted of a felony violation of Section 11-1.20, 11-1.30, 
 
 
HB4314- 266 -LRB100 15650 RLC 30751 b


111-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
212-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
3when the victim of the offense is under 18 years of age at the 
4time of the commission of the offense and, during the 
5commission of the offense, the victim was under the influence 
6of alcohol, regardless of whether or not the alcohol was 
7supplied by the offender; and the offender, at the time of the 
8commission of the offense, knew or should have known that the 
9victim had consumed alcohol. 
10(Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385, 
11eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143, 
12eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16; 
1399-347, eff. 1-1-16; 99-642, eff. 7-28-16.)

14 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
15 Sec. 5-6-3. Conditions of probation and of conditional 
16discharge.

17 (a) The conditions of probation and of conditional 
18discharge shall be
that the person:


19  (1) not violate any criminal statute of any 
20 jurisdiction;


21  (2) report to or appear in person before such person or 
22 agency as
directed by the court;


23  (3) refrain from possessing a firearm or other 
24 dangerous weapon where the offense is a felony or, if a 
25 misdemeanor, the offense involved the intentional or 
 
 
HB4314- 267 -LRB100 15650 RLC 30751 b


1 knowing infliction of bodily harm or threat of bodily harm;


2  (4) not leave the State without the consent of the 
3 court or, in
circumstances in which the reason for the 
4 absence is of such an emergency
nature that prior consent 
5 by the court is not possible, without the prior

6 notification and approval of the person's probation

7 officer. Transfer of a person's probation or conditional 
8 discharge
supervision to another state is subject to 
9 acceptance by the other state
pursuant to the Interstate 
10 Compact for Adult Offender Supervision;


11  (5) permit the probation officer to visit
him at his 
12 home or elsewhere
to the extent necessary to discharge his 
13 duties;


14  (6) perform no less than 30 hours of community service 
15 and not more than
120 hours of community service, if 
16 community service is available in the
jurisdiction and is 
17 funded and approved by the county board where the offense

18 was committed, where the offense was related to or in 
19 furtherance of the
criminal activities of an organized gang 
20 and was motivated by the offender's
membership in or 
21 allegiance to an organized gang. The community service 
22 shall
include, but not be limited to, the cleanup and 
23 repair of any damage caused by
a violation of Section 
24 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
25 2012 and similar damage
to property located within the 
26 municipality or county in which the violation
occurred. 
 
 
HB4314- 268 -LRB100 15650 RLC 30751 b


1 When possible and reasonable, the community service should 
2 be
performed in the offender's neighborhood. For purposes 
3 of this Section,
"organized gang" has the meaning ascribed 
4 to it in Section 10 of the Illinois
Streetgang Terrorism 
5 Omnibus Prevention Act;


6  (7) if he or she is at least 17 years of age and has 
7 been sentenced to
probation or conditional discharge for a 
8 misdemeanor or felony in a county of
3,000,000 or more 
9 inhabitants and has not been previously convicted of a

10 misdemeanor or felony, may be required by the sentencing 
11 court to attend
educational courses designed to prepare the 
12 defendant for a high school diploma
and to work toward a 
13 high school diploma or to work toward passing high school 
14 equivalency testing or to work toward
completing a 
15 vocational training program approved by the court. The 
16 person on
probation or conditional discharge must attend a 
17 public institution of
education to obtain the educational 
18 or vocational training required by this paragraph
clause 
19 (7). The court shall revoke the probation or conditional 
20 discharge of a
person who wilfully fails to comply with 
21 this paragraph clause (7). The person on
probation or 
22 conditional discharge shall be required to pay for the cost 
23 of the
educational courses or high school equivalency 
24 testing if a fee is charged for those courses or testing. 
25 The court shall resentence the offender whose probation or 
26 conditional
discharge has been revoked as provided in 
 
 
HB4314- 269 -LRB100 15650 RLC 30751 b


1 Section 5-6-4. This paragraph clause (7) does
not apply to 
2 a person who has a high school diploma or has successfully 
3 passed high school equivalency testing. This paragraph 
4 clause (7) does not apply to a person who is determined by

5 the court to be a person with a developmental disability or 
6 otherwise mentally incapable of
completing the educational 
7 or vocational program;


8  (8) if convicted of possession of a substance 
9 prohibited
by the Cannabis Control Act, the Illinois 
10 Controlled Substances Act, or the Methamphetamine Control 
11 and Community Protection Act
after a previous conviction or 
12 disposition of supervision for possession of a
substance 
13 prohibited by the Cannabis Control Act or Illinois 
14 Controlled
Substances Act or after a sentence of probation 
15 under Section 10 of the
Cannabis
Control Act, Section 410 
16 of the Illinois Controlled Substances Act, or Section 70 of 
17 the Methamphetamine Control and Community Protection Act 
18 and upon a
finding by the court that the person is 
19 addicted, undergo treatment at a
substance abuse program 
20 approved by the court;


21  (8.5) if convicted of a felony sex offense as defined 
22 in the Sex
Offender
Management Board Act, the person shall 
23 undergo and successfully complete sex
offender treatment 
24 by a treatment provider approved by the Board and conducted

25 in conformance with the standards developed under the Sex

26 Offender Management Board Act;

 
 
HB4314- 270 -LRB100 15650 RLC 30751 b


1  (8.6) if convicted of a sex offense as defined in the 
2 Sex Offender Management Board Act, refrain from residing at 
3 the same address or in the same condominium unit or 
4 apartment unit or in the same condominium complex or 
5 apartment complex with another person he or she knows or 
6 reasonably should know is a convicted sex offender or has 
7 been placed on supervision for a sex offense; the 
8 provisions of this paragraph do not apply to a person 
9 convicted of a sex offense who is placed in a Department of 
10 Corrections licensed transitional housing facility for sex 
11 offenders;
12  (8.7) if convicted for an offense committed on or after 
13 June 1, 2008 (the effective date of Public Act 95-464) that 
14 would qualify the accused as a child sex offender as 
15 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
16 1961 or the Criminal Code of 2012, refrain from 
17 communicating with or contacting, by means of the Internet, 
18 a person who is not related to the accused and whom the 
19 accused reasonably believes to be under 18 years of age; 
20 for purposes of this paragraph (8.7), "Internet" has the 
21 meaning ascribed to it in Section 16-0.1 of the Criminal 
22 Code of 2012; and a person is not related to the accused if 
23 the person is not: (i) the spouse, brother, or sister of 
24 the accused; (ii) a descendant of the accused; (iii) a 
25 first or second cousin of the accused; or (iv) a step-child 
26 or adopted child of the accused;
 
 
HB4314- 271 -LRB100 15650 RLC 30751 b


1  (8.8) if convicted for an offense under Section 11-6, 
2 11-9.1, 11-14.4 that involves soliciting for a juvenile 
3 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
4 of the Criminal Code of 1961 or the Criminal Code of 2012, 
5 or any attempt to commit any of these offenses, committed 
6 on or after June 1, 2009 (the effective date of Public Act 
7 95-983):
8   (i) not access or use a computer or any other 
9 device with Internet capability without the prior 
10 written approval of the offender's probation officer, 
11 except in connection with the offender's employment or 
12 search for employment with the prior approval of the 
13 offender's probation officer;
14   (ii) submit to periodic unannounced examinations 
15 of the offender's computer or any other device with 
16 Internet capability by the offender's probation 
17 officer, a law enforcement officer, or assigned 
18 computer or information technology specialist, 
19 including the retrieval and copying of all data from 
20 the computer or device and any internal or external 
21 peripherals and removal of such information, 
22 equipment, or device to conduct a more thorough 
23 inspection;
24   (iii) submit to the installation on the offender's 
25 computer or device with Internet capability, at the 
26 offender's expense, of one or more hardware or software 
 
 
HB4314- 272 -LRB100 15650 RLC 30751 b


1 systems to monitor the Internet use; and
2   (iv) submit to any other appropriate restrictions 
3 concerning the offender's use of or access to a 
4 computer or any other device with Internet capability 
5 imposed by the offender's probation officer; 
6  (8.9) if convicted of a sex offense as defined in the 
7 Sex Offender
Registration Act committed on or after January 
8 1, 2010 (the effective date of Public Act 96-262), refrain 
9 from accessing or using a social networking website as 
10 defined in Section 17-0.5 of the Criminal Code of 2012;

11  (9) if convicted of a felony or of any misdemeanor 
12 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
13 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
14 2012 that was determined, pursuant to Section 112A-11.1 of 
15 the Code of Criminal Procedure of 1963, to trigger the 
16 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
17 at a time and place
designated by the court, his or her 
18 Firearm
Owner's Identification Card and
any and all 
19 firearms in
his or her possession. The Court shall return 
20 to the Department of State Police Firearm Owner's 
21 Identification Card Office the person's Firearm Owner's 
22 Identification Card;


23  (10) if convicted of a sex offense as defined in 
24 subsection (a-5) of Section 3-1-2 of this Code, unless the 
25 offender is a parent or guardian of the person under 18 
26 years of age present in the home and no non-familial minors 
 
 
HB4314- 273 -LRB100 15650 RLC 30751 b


1 are present, not participate in a holiday event involving 
2 children under 18 years of age, such as distributing candy 
3 or other items to children on Halloween, wearing a Santa 
4 Claus costume on or preceding Christmas, being employed as 
5 a department store Santa Claus, or wearing an Easter Bunny 
6 costume on or preceding Easter; 
7  (11) if convicted of a sex offense as defined in 
8 Section 2 of the Sex Offender Registration Act committed on 
9 or after January 1, 2010 (the effective date of Public Act 
10 96-362) that requires the person to register as a sex 
11 offender under that Act, may not knowingly use any computer 
12 scrub software on any computer that the sex offender uses; 
13  (12) if convicted of a violation of the Methamphetamine 
14 Control and Community Protection Act, the Methamphetamine

15 Precursor Control Act, or a methamphetamine related 
16 offense:
17   (A) prohibited from purchasing, possessing, or 
18 having under his or her control any product containing 
19 pseudoephedrine unless prescribed by a physician; and
20   (B) prohibited from purchasing, possessing, or 
21 having under his or her control any product containing 
22 ammonium nitrate; and
23  (13) if convicted of a hate crime involving the 
24 protected class identified in subsection (a) of Section 
25 12-7.1 of the Criminal Code of 2012 that gave rise to the 
26 offense the offender committed, perform public or 
 
 
HB4314- 274 -LRB100 15650 RLC 30751 b


1 community service of no less than 200 hours and enroll in 
2 an educational program discouraging hate crimes that 
3 includes racial, ethnic, and cultural sensitivity training 
4 ordered by the court. 
5 (b) The Court may in addition to other reasonable 
6conditions relating to the
nature of the offense or the 
7rehabilitation of the defendant as determined for
each 
8defendant in the proper discretion of the Court require that 
9the person:


10  (1) serve a term of periodic imprisonment under Article 
11 7 for a
period not to exceed that specified in paragraph 
12 (d) of Section 5-7-1;


13  (2) pay a fine and costs;


14  (3) work or pursue a course of study or vocational 
15 training;


16  (4) undergo medical, psychological or psychiatric 
17 treatment; or treatment
for drug addiction or alcoholism;


18  (5) attend or reside in a facility established for the 
19 instruction
or residence of defendants on probation;


20  (6) support his dependents;


21  (7) and in addition, if a minor:


22   (i) reside with his parents or in a foster home;


23   (ii) attend school;


24   (iii) attend a non-residential program for youth;


25   (iv) contribute to his own support at home or in a 
26 foster home;


 
 
HB4314- 275 -LRB100 15650 RLC 30751 b


1   (v) with the consent of the superintendent of the

2 facility, attend an educational program at a facility 
3 other than the school
in which the
offense was 
4 committed if he
or she is convicted of a crime of 
5 violence as
defined in
Section 2 of the Crime Victims 
6 Compensation Act committed in a school, on the
real

7 property
comprising a school, or within 1,000 feet of 
8 the real property comprising a
school;


9  (8) make restitution as provided in Section 5-5-6 of 
10 this Code;


11  (9) perform some reasonable public or community 
12 service;


13  (10) serve a term of home confinement. In addition to 
14 any other
applicable condition of probation or conditional 
15 discharge, the
conditions of home confinement shall be that 
16 the offender:


17   (i) remain within the interior premises of the 
18 place designated for
his confinement during the hours 
19 designated by the court;


20   (ii) admit any person or agent designated by the 
21 court into the
offender's place of confinement at any 
22 time for purposes of verifying
the offender's 
23 compliance with the conditions of his confinement; and


24   (iii) if further deemed necessary by the court or 
25 the
Probation or
Court Services Department, be placed 
26 on an approved
electronic monitoring device, subject 
 
 
HB4314- 276 -LRB100 15650 RLC 30751 b


1 to Article 8A of Chapter V;


2   (iv) for persons convicted of any alcohol, 
3 cannabis or controlled
substance violation who are 
4 placed on an approved monitoring device as a
condition 
5 of probation or conditional discharge, the court shall 
6 impose a
reasonable fee for each day of the use of the 
7 device, as established by the
county board in 
8 subsection (g) of this Section, unless after 
9 determining the
inability of the offender to pay the 
10 fee, the court assesses a lesser fee or no
fee as the 
11 case may be. This fee shall be imposed in addition to 
12 the fees
imposed under subsections (g) and (i) of this 
13 Section. The fee shall be
collected by the clerk of the 
14 circuit court, except as provided in an administrative 
15 order of the Chief Judge of the circuit court. The 
16 clerk of the circuit
court shall pay all monies 
17 collected from this fee to the county treasurer
for 
18 deposit in the substance abuse services fund under 
19 Section 5-1086.1 of
the Counties Code, except as 
20 provided in an administrative order of the Chief Judge 
21 of the circuit court.
22   The Chief Judge of the circuit court of the county 
23 may by administrative order establish a program for 
24 electronic monitoring of offenders, in which a vendor 
25 supplies and monitors the operation of the electronic 
26 monitoring device, and collects the fees on behalf of 
 
 
HB4314- 277 -LRB100 15650 RLC 30751 b


1 the county. The program shall include provisions for 
2 indigent offenders and the collection of unpaid fees. 
3 The program shall not unduly burden the offender and 
4 shall be subject to review by the Chief Judge.
5   The Chief Judge of the circuit court may suspend 
6 any additional charges or fees for late payment, 
7 interest, or damage to any device; and


8   (v) for persons convicted of offenses other than 
9 those referenced in
clause (iv) above and who are 
10 placed on an approved monitoring device as a
condition 
11 of probation or conditional discharge, the court shall 
12 impose
a reasonable fee for each day of the use of the 
13 device, as established by the
county board in 
14 subsection (g) of this Section, unless after 
15 determining the
inability of the defendant to pay the 
16 fee, the court assesses a lesser fee or
no fee as the 
17 case may be. This fee shall be imposed in addition to 
18 the fees
imposed under subsections (g) and (i) of this 
19 Section. The fee
shall be collected by the clerk of the 
20 circuit court, except as provided in an administrative 
21 order of the Chief Judge of the circuit court. The 
22 clerk of the circuit
court shall pay all monies 
23 collected from this fee
to the county treasurer who 
24 shall use the monies collected to defray the
costs of 
25 corrections. The county treasurer shall deposit the 
26 fee
collected in the probation and court services fund.

 
 
HB4314- 278 -LRB100 15650 RLC 30751 b


1 The Chief Judge of the circuit court of the county may 
2 by administrative order establish a program for 
3 electronic monitoring of offenders, in which a vendor 
4 supplies and monitors the operation of the electronic 
5 monitoring device, and collects the fees on behalf of 
6 the county. The program shall include provisions for 
7 indigent offenders and the collection of unpaid fees. 
8 The program shall not unduly burden the offender and 
9 shall be subject to review by the Chief Judge. 

10   The Chief Judge of the circuit court may suspend 
11 any additional charges or fees for late payment, 
12 interest, or damage to any device. 
13  (11) comply with the terms and conditions of an order 
14 of protection issued
by the court pursuant to the Illinois 
15 Domestic Violence Act of 1986,
as now or hereafter amended, 
16 or an order of protection issued by the court of
another 
17 state, tribe, or United States territory. A copy of the 
18 order of
protection shall be
transmitted to the probation 
19 officer or agency
having responsibility for the case;


20  (12) reimburse any "local anti-crime program" as 
21 defined in Section 7
of the Anti-Crime Advisory Council Act 
22 for any reasonable expenses incurred
by the program on the 
23 offender's case, not to exceed the maximum amount of
the 
24 fine authorized for the offense for which the defendant was 
25 sentenced;


26  (13) contribute a reasonable sum of money, not to 
 
 
HB4314- 279 -LRB100 15650 RLC 30751 b


1 exceed the maximum
amount of the fine authorized for the

2 offense for which the defendant was sentenced, (i) to a 
3 "local anti-crime
program", as defined in Section 7 of the 
4 Anti-Crime Advisory Council Act, or (ii) for offenses under 
5 the jurisdiction of the Department of Natural Resources, to 
6 the fund established by the Department of Natural Resources 
7 for the purchase of evidence for investigation purposes and 
8 to conduct investigations as outlined in Section 805-105 of 
9 the Department of Natural Resources (Conservation) Law;


10  (14) refrain from entering into a designated 
11 geographic area except upon
such terms as the court finds 
12 appropriate. Such terms may include
consideration of the 
13 purpose of the entry, the time of day, other persons

14 accompanying the defendant, and advance approval by a

15 probation officer, if
the defendant has been placed on 
16 probation or advance approval by the
court, if the 
17 defendant was placed on conditional discharge;


18  (15) refrain from having any contact, directly or 
19 indirectly, with
certain specified persons or particular 
20 types of persons, including but not
limited to members of 
21 street gangs and drug users or dealers;


22  (16) refrain from having in his or her body the 
23 presence of any illicit
drug prohibited by the Cannabis 
24 Control Act, the Illinois Controlled
Substances Act, or the 
25 Methamphetamine Control and Community Protection Act, 
26 unless prescribed by a physician, and submit samples of
his 
 
 
HB4314- 280 -LRB100 15650 RLC 30751 b


1 or her blood or urine or both for tests to determine the 
2 presence of any
illicit drug;

3  (17) if convicted for an offense committed on or after 
4 June 1, 2008 (the effective date of Public Act 95-464) that 
5 would qualify the accused as a child sex offender as 
6 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
7 1961 or the Criminal Code of 2012, refrain from 
8 communicating with or contacting, by means of the Internet, 
9 a person who is related to the accused and whom the accused 
10 reasonably believes to be under 18 years of age; for 
11 purposes of this paragraph (17), "Internet" has the meaning 
12 ascribed to it in Section 16-0.1 of the Criminal Code of 
13 2012; and a person is related to the accused if the person 
14 is: (i) the spouse, brother, or sister of the accused; (ii) 
15 a descendant of the accused; (iii) a first or second cousin 
16 of the accused; or (iv) a step-child or adopted child of 
17 the accused;
18  (18) if convicted for an offense committed on or after 
19 June 1, 2009 (the effective date of Public Act 95-983) that 
20 would qualify as a sex offense as defined in the Sex 
21 Offender Registration Act:
22   (i) not access or use a computer or any other 
23 device with Internet capability without the prior 
24 written approval of the offender's probation officer, 
25 except in connection with the offender's employment or 
26 search for employment with the prior approval of the 
 
 
HB4314- 281 -LRB100 15650 RLC 30751 b


1 offender's probation officer;
2   (ii) submit to periodic unannounced examinations 
3 of the offender's computer or any other device with 
4 Internet capability by the offender's probation 
5 officer, a law enforcement officer, or assigned 
6 computer or information technology specialist, 
7 including the retrieval and copying of all data from 
8 the computer or device and any internal or external 
9 peripherals and removal of such information, 
10 equipment, or device to conduct a more thorough 
11 inspection;
12   (iii) submit to the installation on the offender's 
13 computer or device with Internet capability, at the 
14 subject's expense, of one or more hardware or software 
15 systems to monitor the Internet use; and
16   (iv) submit to any other appropriate restrictions 
17 concerning the offender's use of or access to a 
18 computer or any other device with Internet capability 
19 imposed by the offender's probation officer; and 
20  (19) refrain from possessing a firearm or other 
21 dangerous weapon where the offense is a misdemeanor that 
22 did not involve the intentional or knowing infliction of 
23 bodily harm or threat of bodily harm. 
24 (c) The court may as a condition of probation or of 
25conditional
discharge require that a person under 18 years of 
26age found guilty of any
alcohol, cannabis or controlled 
 
 
HB4314- 282 -LRB100 15650 RLC 30751 b


1substance violation, refrain from acquiring
a driver's license 
2during
the period of probation or conditional discharge. If 
3such person
is in possession of a permit or license, the court 
4may require that
the minor refrain from driving or operating 
5any motor vehicle during the
period of probation or conditional 
6discharge, except as may be necessary in
the course of the 
7minor's lawful employment.


8 (d) An offender sentenced to probation or to conditional 
9discharge
shall be given a certificate setting forth the 
10conditions thereof.


11 (e) Except where the offender has committed a fourth or 
12subsequent
violation of subsection (c) of Section 6-303 of the 
13Illinois Vehicle Code,
the court shall not require as a 
14condition of the sentence of
probation or conditional discharge 
15that the offender be committed to a
period of imprisonment in 
16excess of 6 months.
This 6-month 6 month limit shall not 
17include periods of confinement given pursuant to
a sentence of 
18county impact incarceration under Section 5-8-1.2.

19 Persons committed to imprisonment as a condition of 
20probation or
conditional discharge shall not be committed to 
21the Department of
Corrections.


22 (f) The court may combine a sentence of periodic 
23imprisonment under
Article 7 or a sentence to a county impact 
24incarceration program under
Article 8 with a sentence of 
25probation or conditional discharge.


26 (g) An offender sentenced to probation or to conditional 
 
 
HB4314- 283 -LRB100 15650 RLC 30751 b


1discharge and
who during the term of either undergoes mandatory 
2drug or alcohol testing,
or both, or is assigned to be placed 
3on an approved electronic monitoring
device, shall be ordered 
4to pay all costs incidental to such mandatory drug
or alcohol 
5testing, or both, and all costs
incidental to such approved 
6electronic monitoring in accordance with the
defendant's 
7ability to pay those costs. The county board with
the 
8concurrence of the Chief Judge of the judicial
circuit in which 
9the county is located shall establish reasonable fees for
the 
10cost of maintenance, testing, and incidental expenses related 
11to the
mandatory drug or alcohol testing, or both, and all 
12costs incidental to
approved electronic monitoring, involved 
13in a successful probation program
for the county. The 
14concurrence of the Chief Judge shall be in the form of
an 
15administrative order.
The fees shall be collected by the clerk 
16of the circuit court, except as provided in an administrative 
17order of the Chief Judge of the circuit court. The clerk of
the 
18circuit court shall pay all moneys collected from these fees to 
19the county
treasurer who shall use the moneys collected to 
20defray the costs of
drug testing, alcohol testing, and 
21electronic monitoring.
The county treasurer shall deposit the 
22fees collected in the
county working cash fund under Section 
236-27001 or Section 6-29002 of the
Counties Code, as the case 
24may be.
The Chief Judge of the circuit court of the county may 
25by administrative order establish a program for electronic 
26monitoring of offenders, in which a vendor supplies and 
 
 
HB4314- 284 -LRB100 15650 RLC 30751 b


1monitors the operation of the electronic monitoring device, and 
2collects the fees on behalf of the county. The program shall 
3include provisions for indigent offenders and the collection of 
4unpaid fees. The program shall not unduly burden the offender 
5and shall be subject to review by the Chief Judge. 

6 The Chief Judge of the circuit court may suspend any 
7additional charges or fees for late payment, interest, or 
8damage to any device. 
9 (h) Jurisdiction over an offender may be transferred from 
10the
sentencing court to the court of another circuit with the 
11concurrence of
both courts. Further transfers or retransfers of

12jurisdiction are also
authorized in the same manner. The court 
13to which jurisdiction has been
transferred shall have the same 
14powers as the sentencing court.
The probation department within 
15the circuit to which jurisdiction has been transferred, or 
16which has agreed to provide supervision, may impose probation 
17fees upon receiving the transferred offender, as provided in 
18subsection (i). For all transfer cases, as defined in Section 
199b of the Probation and Probation Officers Act, the probation 
20department from the original sentencing court shall retain all 
21probation fees collected prior to the transfer. After the 
22transfer,
all probation fees shall be paid to the probation 
23department within the
circuit to which jurisdiction has been 
24transferred.

25 (i) The court shall impose upon an offender
sentenced to 
26probation after January 1, 1989 or to conditional discharge

 
 
HB4314- 285 -LRB100 15650 RLC 30751 b


1after January 1, 1992 or to community service under the 
2supervision of a
probation or court services department after 
3January 1, 2004, as a condition of such probation or 
4conditional
discharge or supervised community service, a fee of 
5$50
for each month of probation or
conditional
discharge 
6supervision or supervised community service ordered by the 
7court, unless after
determining the inability of the person 
8sentenced to probation or conditional
discharge or supervised 
9community service to pay the
fee, the court assesses a lesser 
10fee. The court may not impose the fee on a
minor who is placed 
11in the guardianship or custody of the Department of Children 
12and Family Services under the Juvenile Court Act of 1987
while 
13the minor is in placement.
The fee shall be imposed only upon

14an offender who is actively supervised by the
probation and 
15court services
department. The fee shall be collected by the 
16clerk
of the circuit court. The clerk of the circuit court 
17shall pay all monies
collected from this fee to the county 
18treasurer for deposit in the
probation and court services fund 
19under Section 15.1 of the
Probation and Probation Officers Act.

20 A circuit court may not impose a probation fee under this 
21subsection (i) in excess of $25
per month unless the circuit 
22court has adopted, by administrative
order issued by the chief 
23judge, a standard probation fee guide
determining an offender's 
24ability to pay Of the
amount collected as a probation fee, up 
25to $5 of that fee
collected per month may be used to provide 
26services to crime victims
and their families.
 
 
HB4314- 286 -LRB100 15650 RLC 30751 b


1 The Court may only waive probation fees based on an 
2offender's ability to pay. The probation department may 
3re-evaluate an offender's ability to pay every 6 months, and, 
4with the approval of the Director of Court Services or the 
5Chief Probation Officer, adjust the monthly fee amount. An 
6offender may elect to pay probation fees due in a lump sum.
Any 
7offender that has been assigned to the supervision of a 
8probation department, or has been transferred either under 
9subsection (h) of this Section or under any interstate compact, 
10shall be required to pay probation fees to the department 
11supervising the offender, based on the offender's ability to 
12pay.


13 Public Act 93-970 This amendatory Act of the 93rd General 
14Assembly deletes the $10 increase in the fee under this 
15subsection that was imposed by Public Act 93-616. This deletion 
16is intended to control over any other Act of the 93rd General 
17Assembly that retains or incorporates that fee increase.
18 (i-5) In addition to the fees imposed under subsection (i) 
19of this Section, in the case of an offender convicted of a 
20felony sex offense (as defined in the Sex Offender Management 
21Board Act) or an offense that the court or probation department 
22has determined to be sexually motivated (as defined in the Sex 
23Offender Management Board Act), the court or the probation 
24department shall assess additional fees to pay for all costs of 
25treatment, assessment, evaluation for risk and treatment, and 
26monitoring the offender, based on that offender's ability to 
 
 
HB4314- 287 -LRB100 15650 RLC 30751 b


1pay those costs either as they occur or under a payment plan.
2 (j) All fines and costs imposed under this Section for any 
3violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
4Code, or a similar
provision of a local ordinance, and any 
5violation of the Child Passenger
Protection Act, or a similar 
6provision of a local ordinance, shall be
collected and 
7disbursed by the circuit clerk as provided under Section 27.5

8of the Clerks of Courts Act.


9 (k) Any offender who is sentenced to probation or 
10conditional discharge for a felony sex offense as defined in 
11the Sex Offender Management Board Act or any offense that the 
12court or probation department has determined to be sexually 
13motivated as defined in the Sex Offender Management Board Act 
14shall be required to refrain from any contact, directly or 
15indirectly, with any persons specified by the court and shall 
16be available for all evaluations and treatment programs 
17required by the court or the probation department.

18 (l) The court may order an offender who is sentenced to 
19probation or conditional
discharge for a violation of an order 
20of protection be placed under electronic surveillance as 
21provided in Section 5-8A-7 of this Code. 
22(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; 
23100-159, eff. 8-18-17; 100-260, eff. 1-1-18; revised 10-5-17.)

24 Section 100. The Stalking No Contact Order Act is amended 
25by changing Section 80 as follows:

 
 
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1 (740 ILCS 21/80)

2 Sec. 80. Stalking no contact orders; remedies.
3 (a) If the court finds that the petitioner has been a 
4victim of stalking, a stalking no contact order shall issue; 
5provided that the petitioner must also satisfy the requirements 
6of Section 95 on emergency orders or Section 100 on plenary 
7orders. The petitioner shall not be denied a stalking no 
8contact order because the petitioner or the respondent is a 
9minor. The court, when determining whether or not to issue a 
10stalking no contact order, may not require physical injury on 
11the person of the petitioner. Modification and extension of 
12prior stalking no contact orders shall be in accordance with 
13this Act.
14 (b) A stalking no contact order shall order one or more of 
15the following:
16  (1) prohibit the respondent from threatening to commit 
17 or committing stalking;
18  (2) order the respondent not to have any contact with 
19 the petitioner or a third person specifically named by the 
20 court;
21  (3) prohibit the respondent from knowingly coming 
22 within, or knowingly remaining within a specified distance 
23 of the petitioner or the petitioner's residence, school, 
24 daycare, or place of employment, or any specified place 
25 frequented by the petitioner; however, the court may order 
 
 
HB4314- 289 -LRB100 15650 RLC 30751 b


1 the respondent to stay away from the respondent's own 
2 residence, school, or place of employment only if the 
3 respondent has been provided actual notice of the 
4 opportunity to appear and be heard on the petition;
5  (4) prohibit the respondent from possessing a Firearm 
6 Owners Identification Card, or possessing or buying 
7 firearms; and
8  (5) order other injunctive relief the court determines 
9 to be necessary to protect the petitioner or third party 
10 specifically named by the court.
11 (b-5) When the petitioner and the respondent attend the 
12same public, private, or non-public elementary, middle, or high 
13school, the court when issuing a stalking no contact order and 
14providing relief shall consider the severity of the act, any 
15continuing physical danger or emotional distress to the 
16petitioner, the educational rights guaranteed to the 
17petitioner and respondent under federal and State law, the 
18availability of a transfer of the respondent to another school, 
19a change of placement or a change of program of the respondent, 
20the expense, difficulty, and educational disruption that would 
21be caused by a transfer of the respondent to another school, 
22and any other relevant facts of the case. The court may order 
23that the respondent not attend the public, private, or 
24non-public elementary, middle, or high school attended by the 
25petitioner, order that the respondent accept a change of 
26placement or program, as determined by the school district or 
 
 
HB4314- 290 -LRB100 15650 RLC 30751 b


1private or non-public school, or place restrictions on the 
2respondent's movements within the school attended by the 
3petitioner.
The respondent bears the burden of proving by a 
4preponderance of the evidence that a transfer, change of 
5placement, or change of program of the respondent is not 
6available. The respondent also bears the burden of production 
7with respect to the expense, difficulty, and educational 
8disruption that would be caused by a transfer of the respondent 
9to another school. A transfer, change of placement, or change 
10of program is not unavailable to the respondent solely on the 
11ground that the respondent does not agree with the school 
12district's or private or non-public school's transfer, change 
13of placement, or change of program or solely on the ground that 
14the respondent fails or refuses to consent to or otherwise does 
15not take an action required to effectuate a transfer, change of 
16placement, or change of program.
When a court orders a 
17respondent to stay away from the public, private, or non-public 
18school attended by the petitioner and the respondent requests a 
19transfer to another attendance center within the respondent's 
20school district or private or non-public school, the school 
21district or private or non-public school shall have sole 
22discretion to determine the attendance center to which the 
23respondent is transferred.
In the event the court order results 
24in a transfer of the minor respondent to another attendance 
25center, a change in the respondent's placement, or a change of 
26the respondent's program, the parents, guardian, or legal 
 
 
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1custodian of the respondent is responsible for transportation 
2and other costs associated with the transfer or change. 
3 (b-6) The court may order the parents, guardian, or legal 
4custodian of a minor respondent to take certain actions or to 
5refrain from taking certain actions to ensure that the 
6respondent complies with the order. In the event the court 
7orders a transfer of the respondent to another school, the 
8parents, guardian, or legal custodian of the respondent are 
9responsible for transportation and other costs associated with 
10the change of school by the respondent. 
11 (b-7) The court shall not hold a school district or private 
12or non-public school or any of its employees in civil or 
13criminal contempt unless the school district or private or 
14non-public school has been allowed to intervene.
15 (b-8) The court may hold the parents, guardian, or legal 
16custodian of a minor respondent in civil or criminal contempt 
17for a violation of any provision of any order entered under 
18this Act for conduct of the minor respondent in violation of 
19this Act if the
parents, guardian, or legal custodian directed, 
20encouraged, or assisted the respondent minor in such conduct. 
21 (c) The court may award the petitioner costs and attorneys 
22fees if a stalking no contact order is granted.
23 (d) Monetary damages are not recoverable as a remedy.
24 (e) If the stalking no contact order prohibits the 
25respondent from possessing a Firearm Owner's Identification 
26Card, or possessing or buying firearms; the court shall 
 
 
HB4314- 292 -LRB100 15650 RLC 30751 b


1confiscate the respondent's firearms Firearm Owner's 
2Identification Card and immediately return the card to the 
3Department of State Police Firearm Owner's Identification Card 
4Office.


5(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; 
697-1131, eff. 1-1-13.)

7 Section 105. The Mental Health and Developmental 
8Disabilities Confidentiality Act is amended by changing 
9Section 12 as follows:



10 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)


11 Sec. 12. (a) If the United States Secret Service or the 
12Department of
State Police requests information from a mental 
13health or developmental
disability facility, as defined in 
14Section 1-107 and 1-114 of the Mental
Health and Developmental 
15Disabilities Code, relating to a specific
recipient and the 
16facility director determines that disclosure of such

17information may be necessary to protect the life of, or to 
18prevent
the infliction of great bodily harm to, a public 
19official,
or a person under the protection of the United
States 
20Secret Service, only the following information
may be 
21disclosed: the recipient's name, address, and age and the date 
22of
any admission to or discharge from a facility; and any 
23information which
would indicate whether or not the recipient 
24has a history of violence or
presents a danger of violence to 
 
 
HB4314- 293 -LRB100 15650 RLC 30751 b


1the person under protection. Any information
so disclosed shall 
2be used for investigative purposes only and shall not
be 
3publicly disseminated.
Any person participating in good faith 
4in the disclosure of such
information in accordance with this 
5provision shall have immunity from any
liability, civil, 
6criminal or otherwise, if such information is disclosed
relying 
7upon the representation of an officer of the United States 
8Secret
Service or the Department of State Police that a person 
9is under the
protection of the United States Secret Service or 
10is a public official.

11 For the purpose of this subsection (a), the term "public 
12official" means
the Governor, Lieutenant Governor, Attorney 
13General, Secretary of State,
State Comptroller, State 
14Treasurer, member of the General Assembly, member of the United 
15States Congress, Judge of the United States as defined in 28 
16U.S.C. 451, Justice of the United States as defined in 28 
17U.S.C. 451, United States Magistrate Judge as defined in 28 
18U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or 
19Supreme, Appellate, Circuit, or Associate Judge of the State of 
20Illinois. The
term shall also include the spouse, child or 
21children of a public official.

22 (b) The Department of Human Services (acting as successor 
23to the
Department of Mental Health and Developmental 
24Disabilities) and all
public or private hospitals and mental 
25health facilities are required, as hereafter described in this 
26subsection,
to furnish the Department of State Police only such 
 
 
HB4314- 294 -LRB100 15650 RLC 30751 b


1information as may
be required for the sole purpose of 
2determining whether an individual who
may be or may have been a 
3patient is disqualified because of that status
from receiving 
4or retaining a firearm under paragraph (4) of subsection (a) of 
5Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's 
6Identification Card or falls within the federal prohibitors 
7under subsection (e), (f), (g), (r), (s), or (t) of Section 8 
8of the Firearm Owners Identification Card Act, or falls within 
9the federal prohibitors in 18 U.S.C. 922(g) and (n). All 
10physicians, clinical psychologists, or qualified examiners at 
11public or private mental health facilities or parts thereof as 
12defined in this subsection shall, in the form and manner 
13required
by the Department, provide notice directly to the 
14Department of Human Services, or to his or her employer who 
15shall then report to the Department, within 24 hours after 
16determining that a person poses a clear and present danger to 
17himself, herself, or others, or within 7 days after a person 14 
18years or older is determined to be a person with a 
19developmental disability by a physician, clinical 
20psychologist, or qualified examiner as described in this 
21subsection (b) Section 1.1 of the Firearm Owners Identification 
22Card Act. If a person is a patient as described in clause 
23(2)(A) (1) of the definition of "patient" in (2)(A) Section 1.1 
24of the Firearm Owners Identification Card Act, this information 
25shall be furnished within 7 days after
admission to a public or 
26private hospital or mental health facility or the provision of 
 
 
HB4314- 295 -LRB100 15650 RLC 30751 b


1services. Any such information disclosed under
this subsection 
2shall
remain privileged and confidential, and shall not be 
3redisclosed, except as required by clause (e)(2) of Section 
424-4.5 of the Criminal Code of 2012 subsection (e) of Section 
53.1 of the Firearm Owners Identification Card Act, nor utilized

6for any other purpose. The method of requiring the providing of 
7such
information shall guarantee that no information is 
8released beyond what
is necessary for this purpose. In 
9addition, the information disclosed
shall be provided
by the 
10Department within the time period established by Section 24-3 
11of the
Criminal Code of 2012 regarding the delivery of 
12firearms. The method used
shall be sufficient to provide the 
13necessary information within the
prescribed time period, which 
14may include periodically providing
lists to the Department of 
15Human Services
or any public or private hospital or mental 
16health facility of Firearm Owner's Identification Card 
17applicants for firearm purchases
on which the Department or 
18hospital shall indicate the identities of those
individuals who 
19are to its knowledge disqualified from having a firearm Firearm

20Owner's Identification Card for reasons described herein. The 
21Department
may provide for a centralized source
of information 
22for the State on this subject under its jurisdiction. The 
23identity of the person reporting under this subsection shall 
24not be disclosed to the subject of the report. For the purposes 
25of this subsection, the physician, clinical psychologist, or 
26qualified examiner making the determination and his or her 
 
 
HB4314- 296 -LRB100 15650 RLC 30751 b


1employer shall not be held criminally, civilly, or 
2professionally liable for making or not making the notification 
3required under this subsection, except for willful or wanton 
4misconduct. 

5 Any person, institution, or agency, under this Act, 
6participating in
good faith in the reporting or disclosure of 
7records and communications
otherwise in accordance with this 
8provision or with rules, regulations or
guidelines issued by 
9the Department shall have immunity from any
liability, civil, 
10criminal or otherwise, that might result by reason of the

11action. For the purpose of any proceeding, civil or criminal,

12arising out of a report or disclosure in accordance with this 
13provision,
the good faith of any person,
institution, or agency 
14so reporting or disclosing shall be presumed. The
full extent 
15of the immunity provided in this subsection (b) shall apply to

16any person, institution or agency that fails to make a report 
17or disclosure
in the good faith belief that the report or 
18disclosure would violate
federal regulations governing the 
19confidentiality of alcohol and drug abuse
patient records 
20implementing 42 U.S.C. 290dd-3 and 290ee-3.

21 For purposes of this subsection (b) only, the following 
22terms shall have
the meaning prescribed:

23  (1) (Blank).

24  (1.3) "Clear and present danger" has the meaning as 
25 defined in Section 6-103.3 of the Mental Health and 
26 Developmental Disabilities Code 1.1 of the Firearm Owners 
 
 
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1 Identification Card Act. 
2  (1.5) "Person with a developmental disability" 6-103.3 
3 of the Mental Health and Developmental Disabilities Code 
4 has the meaning as defined in Section 1.1 of the Firearm 
5 Owners Identification Card Act.
6  (2) "Patient" means (A) a person who voluntarily 
7 receives mental health treatment as an in-patient or 
8 resident of any public or private mental health facility, 
9 unless the treatment was solely for an alcohol abuse 
10 disorder and no other secondary substance abuse disorder or 
11 mental illness; or (B) a person who voluntarily receives 
12 mental health treatment as an out-patient or is provided 
13 services by a public or private mental health facility, and 
14 who poses a clear and present danger to himself, herself, 
15 or to others has the meaning as defined in Section 1.1 of 
16 the Firearm Owners Identification Card Act.

17  (3) "Mental health facility" means any licensed 
18 private hospital or hospital affiliate, institution, or 
19 facility, or part thereof, and any facility, or part 
20 thereof, operated by the State or a political subdivision 
21 thereof which provide treatment of persons with mental 
22 illness and includes all hospitals, institutions, clinics, 
23 evaluation facilities, mental health centers, colleges, 
24 universities, long-term care facilities, and nursing 
25 homes, or parts thereof, which provide treatment of persons 
26 with mental illness whether or not the primary purpose is 
 
 
HB4314- 298 -LRB100 15650 RLC 30751 b


1 to provide treatment of persons with mental illness has the 
2 meaning as defined in Section 1.1 of the Firearm Owners 
3 Identification Card Act.

4 (c) Upon the request of a peace officer who takes a person 
5into custody
and transports such person to a mental health or 
6developmental disability
facility pursuant to Section 3-606 or 
74-404 of the Mental Health and
Developmental Disabilities Code 
8or who transports a person from such facility,
a facility 
9director shall furnish said peace officer the name, address, 
10age
and name of the nearest relative of the person transported 
11to or from the
mental health or developmental disability 
12facility. In no case shall the
facility director disclose to 
13the peace officer any information relating to the
diagnosis, 
14treatment or evaluation of the person's mental or physical 
15health.

16 For the purposes of this subsection (c), the terms "mental 
17health or
developmental disability facility", "peace officer" 
18and "facility director"
shall have the meanings ascribed to 
19them in the Mental Health and
Developmental Disabilities Code.

20 (d) Upon the request of a peace officer or prosecuting 
21authority who is
conducting a bona fide investigation of a 
22criminal offense, or attempting to
apprehend a fugitive from 
23justice,
a facility director may disclose whether a person is 
24present at the facility.
Upon request of a peace officer or 
25prosecuting authority who has a valid
forcible felony warrant 
26issued, a facility director shall disclose: (1) whether
the 
 
 
HB4314- 299 -LRB100 15650 RLC 30751 b


1person who is the subject of the warrant is present at the 
2facility and (2)
the
date of that person's discharge or future 
3discharge from the facility.
The requesting peace officer or 
4prosecuting authority must furnish a case
number and the 
5purpose of the investigation or an outstanding arrest warrant 
6at
the time of the request. Any person, institution, or agency

7participating in good faith in disclosing such information in 
8accordance with
this subsection (d) is immune from any 
9liability, civil, criminal or
otherwise, that might result by 
10reason of the action.

11(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
12eff. 7-27-15; 99-642, eff. 7-28-16.)


13 Section 110. The Illinois Domestic Violence Act of 1986 is 
14amended by changing Sections 210 and 214 as follows:



15 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)



16 Sec. 210. Process. 

17 (a) Summons. Any action for an order
of protection, whether 
18commenced alone or in conjunction with another
proceeding, is a 
19distinct cause of action and requires that a separate
summons 
20be issued and served, except that in pending cases the 
21following
methods may be used:

22  (1) By delivery of the summons to respondent personally 
23 in open
court in pending civil or criminal cases.

24  (2) By notice in accordance with Section 210.1 in civil 
 
 
HB4314- 300 -LRB100 15650 RLC 30751 b


1 cases in which
the defendant has filed a general 
2 appearance.

3 The summons shall be in the form prescribed
by Supreme 
4Court Rule 101(d), except that it shall require respondent to

5answer or appear within 7 days.
Attachments to the summons or 
6notice shall include the petition for order
of protection and 
7supporting affidavits, if any, and any emergency order of

8protection that has been issued. The enforcement of an order of 
9protection
under Section 223 shall not be affected by the lack 
10of service, delivery,
or notice, provided the requirements of 
11subsection (d) of that Section are
otherwise met.

12 (b) Blank.

13 (c) Expedited service. The summons shall be served by the 
14sheriff or
other law enforcement officer at the earliest time 
15and shall take
precedence over other summonses except those of 
16a similar emergency nature.
Special process servers may be 
17appointed at any time, and their
designation shall not affect 
18the responsibilities and authority of the
sheriff or other 
19official process servers. In counties with a population over 
203,000,000, a special process server may not be appointed if the 
21order of protection grants the surrender of a child, the 
22surrender of a firearm or firearm owners identification card, 
23or the exclusive possession of a shared residence.

24 (d) Remedies requiring actual notice. The counseling, 
25payment of
support, payment of shelter services,
and payment of 
26losses remedies provided by paragraphs 4,
12, 13, and 16 of 
 
 
HB4314- 301 -LRB100 15650 RLC 30751 b


1subsection (b) of Section 214 may be granted only if
respondent 
2has
been personally served with process, has answered or has 
3made a general
appearance.

4 (e) Remedies upon constructive notice. Service of process 
5on a member
of respondent's household or by publication shall 
6be adequate for the
remedies provided by paragraphs 1, 2, 3, 5, 
76, 7, 8, 9, 10,
11, 14, 15, and 17 of subsection
(b) of Section 
8214, but only if: (i) petitioner has made all reasonable

9efforts to accomplish actual service of process personally upon 
10respondent,
but respondent cannot be found to effect such 
11service and (ii) petitioner
files an affidavit or presents 
12sworn testimony
as to those efforts.

13 (f) Default. A plenary order of protection may be entered 
14by default as follows:

15  (1) For any of the remedies sought in the petition, if 
16 respondent
has been served or given notice in accordance 
17 with subsection (a) and if
respondent then fails to appear 
18 as directed or fails to appear on any subsequent
appearance 
19 or hearing date agreed to by the parties or set by the 
20 court; or

21  (2) For any of the remedies provided in accordance with 
22 subsection
(e), if respondent fails to answer or appear in 
23 accordance with the
date set in the publication notice or 
24 the return date indicated on the
service of a household 
25 member.

26(Source: P.A. 99-240, eff. 1-1-16.)




 
 
HB4314- 302 -LRB100 15650 RLC 30751 b


1 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)


2 Sec. 214. Order of protection; remedies. 

3 (a) Issuance of order. If the court finds that petitioner 
4has been
abused by a family or household member or that 
5petitioner is a high-risk
adult who has been abused, neglected, 
6or exploited, as defined in this Act,
an order of protection 
7prohibiting the abuse, neglect, or exploitation
shall issue; 
8provided that petitioner must also satisfy the requirements of

9one of the following Sections, as appropriate: Section 217 on 
10emergency
orders, Section 218 on interim orders, or Section 219 
11on plenary orders.
Petitioner shall not be denied an order of 
12protection because petitioner or
respondent is a minor. The 
13court, when determining whether or not to issue
an order of 
14protection, shall not require physical manifestations of abuse

15on the person of the victim. Modification and extension of 
16prior
orders of protection shall be in accordance with this 
17Act.

18 (b) Remedies and standards. The remedies to be included in 
19an order of
protection shall be determined in accordance with 
20this Section and one of
the following Sections, as appropriate: 
21Section 217 on emergency orders,
Section 218 on interim orders, 
22and Section 219 on plenary orders. The
remedies listed in this 
23subsection shall be in addition to other civil or
criminal 
24remedies available to petitioner.

25  (1) Prohibition of abuse, neglect, or exploitation. 
 
 
HB4314- 303 -LRB100 15650 RLC 30751 b


1 Prohibit
respondent's harassment, interference with 
2 personal liberty, intimidation
of a dependent, physical 
3 abuse, or willful deprivation, neglect or
exploitation, as 
4 defined in this Act, or stalking of the petitioner, as 
5 defined
in Section 12-7.3 of the Criminal Code of 2012, if 
6 such abuse, neglect,
exploitation, or stalking has 
7 occurred or otherwise appears likely to occur if
not 
8 prohibited.

9  (2) Grant of exclusive possession of residence. 
10 Prohibit respondent from
entering or remaining in any 
11 residence, household, or premises of the petitioner,

12 including one owned or leased by respondent, if petitioner 
13 has a right to
occupancy thereof. The grant of exclusive 
14 possession of the residence, household, or premises shall 
15 not
affect title to real property, nor shall the court be 
16 limited by the standard
set forth in Section 701 of the 
17 Illinois Marriage and Dissolution of Marriage
Act.

18   (A) Right to occupancy. A party has a right to 
19 occupancy of a
residence or household if it is solely 
20 or jointly owned or leased by that
party, that party's 
21 spouse, a person with a legal duty to support that 
22 party or
a minor child in that party's care, or by any 
23 person or entity other than the
opposing party that 
24 authorizes that party's occupancy (e.g., a domestic

25 violence shelter). Standards set forth in subparagraph 
26 (B) shall not preclude
equitable relief.

 
 
HB4314- 304 -LRB100 15650 RLC 30751 b


1   (B) Presumption of hardships. If petitioner and 
2 respondent
each has the right to occupancy of a 
3 residence or household, the court
shall balance (i) the 
4 hardships to respondent and any minor child or

5 dependent adult in respondent's care resulting from 
6 entry of this remedy with
(ii) the hardships to 
7 petitioner and any minor child or dependent adult in

8 petitioner's care resulting from continued exposure to 
9 the risk of abuse
(should petitioner remain at the 
10 residence or household) or from loss of
possession of 
11 the residence or household (should petitioner leave to 
12 avoid the
risk of abuse). When determining the balance 
13 of hardships, the court shall
also take into account 
14 the accessibility of the residence or household.

15 Hardships need not be balanced if respondent does not 
16 have a right to
occupancy.

17   The balance of hardships is presumed to favor 
18 possession by
petitioner unless the presumption is 
19 rebutted by a preponderance of the
evidence, showing 
20 that the hardships to respondent substantially 
21 outweigh
the hardships to petitioner and any minor 
22 child or dependent adult in
petitioner's care. The 
23 court, on the request of petitioner or on its own

24 motion, may order respondent to provide suitable, 
25 accessible, alternate housing
for petitioner instead 
26 of excluding respondent from a mutual residence or

 
 
HB4314- 305 -LRB100 15650 RLC 30751 b


1 household.

2  (3) Stay away order and additional prohibitions.
Order 
3 respondent to stay away from petitioner or any other person

4 protected by the order of protection, or prohibit 
5 respondent from entering
or remaining present at 
6 petitioner's school, place of employment, or other

7 specified places at times when petitioner is present, or 
8 both, if
reasonable, given the balance of hardships. 
9 Hardships need not be balanced for
the court to enter a 
10 stay away order or prohibit entry if respondent has no

11 right to enter the premises.

12   (A) If an order of protection grants petitioner 
13 exclusive possession
of the residence, or prohibits 
14 respondent from entering the residence,
or orders 
15 respondent to stay away from petitioner or other

16 protected persons, then the court may allow respondent 
17 access to the
residence to remove items of clothing and 
18 personal adornment
used exclusively by respondent, 
19 medications, and other items as the court
directs. The 
20 right to access shall be exercised on only one occasion 
21 as the
court directs and in the presence of an 
22 agreed-upon adult third party or law
enforcement 
23 officer.

24   (B) When the petitioner and the respondent attend 
25 the same public, private, or non-public elementary, 
26 middle, or high school, the court when issuing an order 
 
 
HB4314- 306 -LRB100 15650 RLC 30751 b


1 of protection and providing relief shall consider the 
2 severity of the act, any continuing physical danger or 
3 emotional distress to the petitioner, the educational 
4 rights guaranteed to the petitioner and respondent 
5 under federal and State law, the availability of a 
6 transfer of the respondent to another school, a change 
7 of placement or a change of program of the respondent, 
8 the expense, difficulty, and educational disruption 
9 that would be caused by a transfer of the respondent to 
10 another school, and any other relevant facts of the 
11 case. The court may order that the respondent not 
12 attend the public, private, or non-public elementary, 
13 middle, or high school attended by the petitioner, 
14 order that the respondent accept a change of placement 
15 or change of program, as determined by the school 
16 district or private or non-public school, or place 
17 restrictions on the respondent's movements within the 
18 school attended by the petitioner.
The respondent 
19 bears the burden of proving by a preponderance of the 
20 evidence that a transfer, change of placement, or 
21 change of program of the respondent is not available. 
22 The respondent also bears the burden of production with 
23 respect to the expense, difficulty, and educational 
24 disruption that would be caused by a transfer of the 
25 respondent to another school. A transfer, change of 
26 placement, or change of program is not unavailable to 
 
 
HB4314- 307 -LRB100 15650 RLC 30751 b


1 the respondent solely on the ground that the respondent 
2 does not agree with the school district's or private or 
3 non-public school's transfer, change of placement, or 
4 change of program or solely on the ground that the 
5 respondent fails or refuses to consent or otherwise 
6 does not take an action required to effectuate a 
7 transfer, change of placement, or change of program.

8 When a court orders a respondent to stay away from the 
9 public, private, or non-public school attended by the 
10 petitioner and the respondent requests a transfer to 
11 another attendance center within the respondent's 
12 school district or private or non-public school, the 
13 school district or private or non-public school shall 
14 have sole discretion to determine the attendance 
15 center to which the respondent is transferred.
In the 
16 event the court order results in a transfer of the 
17 minor respondent to another attendance center, a 
18 change in the respondent's placement, or a change of 
19 the respondent's program, the parents, guardian, or 
20 legal custodian of the respondent is responsible for 
21 transportation and other costs associated with the 
22 transfer or change. 
23   (C) The court may order the parents, guardian, or 
24 legal custodian of a minor respondent to take certain 
25 actions or to refrain from taking certain actions to 
26 ensure that the respondent complies with the order. In 
 
 
HB4314- 308 -LRB100 15650 RLC 30751 b


1 the event the court orders a transfer of the respondent 
2 to another school, the parents, guardian, or legal 
3 custodian of the respondent is responsible for 
4 transportation and other costs associated with the 
5 change of school by the respondent. 
6  (4) Counseling. Require or recommend the respondent to 
7 undergo
counseling for a specified duration with a social 
8 worker, psychologist,
clinical psychologist, psychiatrist, 
9 family service agency, alcohol or
substance abuse program, 
10 mental health center guidance counselor, agency
providing 
11 services to elders, program designed for domestic violence

12 abusers or any other guidance service the court deems 
13 appropriate. The Court may order the respondent in any 
14 intimate partner relationship to report to an Illinois 
15 Department of Human Services protocol approved partner 
16 abuse intervention program for an assessment and to follow 
17 all recommended treatment. 

18  (5) Physical care and possession of the minor child. In 
19 order to protect
the minor child from abuse, neglect, or 
20 unwarranted separation from the person
who has been the 
21 minor child's primary caretaker, or to otherwise protect 
22 the
well-being of the minor child, the court may do either 
23 or both of the
following: (i) grant petitioner physical 
24 care or possession of the minor child,
or both, or (ii) 
25 order respondent to return a minor child to, or not remove 
26 a
minor child from, the physical care of a parent or person 
 
 
HB4314- 309 -LRB100 15650 RLC 30751 b


1 in loco parentis.

2  If a court finds, after a hearing, that respondent has 
3 committed abuse
(as defined in Section 103) of a minor 
4 child, there shall be a
rebuttable presumption that 
5 awarding physical care to respondent would not
be in the 
6 minor child's best interest.

7  (6) Temporary allocation of parental responsibilities: 
8 significant decision-making. Award temporary 
9 decision-making responsibility to petitioner
in accordance 
10 with this Section, the Illinois Marriage and Dissolution of

11 Marriage Act, the Illinois Parentage Act of 2015, and this 
12 State's Uniform
Child-Custody Jurisdiction and Enforcement 
13 Act. 

14  If a court finds, after a hearing, that respondent has 
15 committed abuse (as
defined in Section 103) of a minor 
16 child, there shall be a rebuttable
presumption that 
17 awarding temporary significant decision-making 
18 responsibility to respondent would not be in
the child's 
19 best interest.

20  (7) Parenting time. Determine the parenting time, if 
21 any, of respondent in
any case in which the court awards 
22 physical care or allocates temporary significant 
23 decision-making responsibility of
a minor child to 
24 petitioner. The court shall restrict or deny respondent's 
25 parenting time
with a minor child if the court finds that 
26 respondent has done or is
likely to do any of the 
 
 
HB4314- 310 -LRB100 15650 RLC 30751 b


1 following: (i) abuse or endanger the minor child during 
2 parenting time; (ii) use the parenting time as an 
3 opportunity to abuse or harass
petitioner or petitioner's 
4 family or household members; (iii) improperly
conceal or 
5 detain the minor child; or (iv) otherwise act in a manner 
6 that is
not in the best interests of the minor child. The 
7 court shall not be limited
by the standards set forth in 
8 Section 603.10 of the Illinois Marriage and
Dissolution of 
9 Marriage Act. If the court grants parenting time, the order 
10 shall
specify dates and times for the parenting time to 
11 take place or other specific
parameters or conditions that 
12 are appropriate. No order for parenting time shall
refer 
13 merely to the term "reasonable parenting time".

14  Petitioner may deny respondent access to the minor 
15 child if, when
respondent arrives for parenting time, 
16 respondent is under the influence of drugs
or alcohol and 
17 constitutes a threat to the safety and well-being of

18 petitioner or petitioner's minor children or is behaving in 
19 a violent or
abusive manner.

20  If necessary to protect any member of petitioner's 
21 family or
household from future abuse, respondent shall be 
22 prohibited from coming to
petitioner's residence to meet 
23 the minor child for parenting time, and the
parties shall 
24 submit to the court their recommendations for reasonable

25 alternative arrangements for parenting time. A person may 
26 be approved to
supervise parenting time only after filing 
 
 
HB4314- 311 -LRB100 15650 RLC 30751 b


1 an affidavit accepting
that responsibility and 
2 acknowledging accountability to the court.

3  (8) Removal or concealment of minor child. Prohibit 
4 respondent from
removing a minor child from the State or 
5 concealing the child within the State.


6  (9) Order to appear. Order the respondent to appear in 
7 court, alone
or with a minor child, to prevent abuse, 
8 neglect, removal or concealment of
the child, to return the 
9 child to the custody or care of the petitioner or
to permit 
10 any court-ordered interview or examination of the child or 
11 the
respondent.

12  (10) Possession of personal property. Grant petitioner 
13 exclusive
possession of personal property and, if 
14 respondent has possession or
control, direct respondent to 
15 promptly make it available to petitioner, if:

16   (i) petitioner, but not respondent, owns the 
17 property; or

18   (ii) the parties own the property jointly; sharing 
19 it would risk
abuse of petitioner by respondent or is 
20 impracticable; and the balance of
hardships favors 
21 temporary possession by petitioner.

22  If petitioner's sole claim to ownership of the property 
23 is that it is
marital property, the court may award 
24 petitioner temporary possession
thereof under the 
25 standards of subparagraph (ii) of this paragraph only if
a 
26 proper proceeding has been filed under the Illinois 
 
 
HB4314- 312 -LRB100 15650 RLC 30751 b


1 Marriage and
Dissolution of Marriage Act, as now or 
2 hereafter amended.

3  No order under this provision shall affect title to 
4 property.

5  (11) Protection of property. Forbid the respondent 
6 from taking,
transferring, encumbering, concealing, 
7 damaging or otherwise disposing of
any real or personal 
8 property, except as explicitly authorized by the
court, if:

9   (i) petitioner, but not respondent, owns the 
10 property; or

11   (ii) the parties own the property jointly,
and the 
12 balance of hardships favors granting this remedy.

13  If petitioner's sole claim to ownership of the property 
14 is that it is
marital property, the court may grant 
15 petitioner relief under subparagraph
(ii) of this 
16 paragraph only if a proper proceeding has been filed under 
17 the
Illinois Marriage and Dissolution of Marriage Act, as 
18 now or hereafter amended.

19  The court may further prohibit respondent from 
20 improperly using the
financial or other resources of an 
21 aged member of the family or household
for the profit or 
22 advantage of respondent or of any other person.

23  (11.5) Protection of animals. Grant the petitioner the 
24 exclusive care, custody, or control of any animal owned, 
25 possessed, leased, kept, or held by either the petitioner 
26 or the respondent or a minor child residing in the 
 
 
HB4314- 313 -LRB100 15650 RLC 30751 b


1 residence or household of either the petitioner or the 
2 respondent and order the respondent to stay away from the 
3 animal and forbid the respondent from taking, 
4 transferring, encumbering, concealing, harming, or 
5 otherwise disposing of the animal.

6  (12) Order for payment of support. Order respondent to 
7 pay temporary
support for the petitioner or any child in 
8 the petitioner's care or over whom the petitioner has been 
9 allocated parental responsibility, when the respondent has 
10 a legal obligation to support that person,
in accordance 
11 with the Illinois Marriage and Dissolution
of Marriage Act, 
12 which shall govern, among other matters, the amount of

13 support, payment through the clerk and withholding of 
14 income to secure
payment. An order for child support may be 
15 granted to a petitioner with
lawful physical care of a 
16 child, or an order or agreement for
physical care of a 
17 child, prior to entry of an order allocating significant 
18 decision-making responsibility.
Such a support order shall 
19 expire upon entry of a valid order allocating parental 
20 responsibility differently and vacating the petitioner's 
21 significant decision-making authority, unless otherwise 
22 provided in the order.

23  (13) Order for payment of losses. Order respondent to 
24 pay petitioner for
losses suffered as a direct result of 
25 the abuse, neglect, or exploitation.
Such losses shall 
26 include, but not be limited to, medical expenses, lost

 
 
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1 earnings or other support, repair or replacement of 
2 property damaged or taken,
reasonable attorney's fees, 
3 court costs and moving or other travel expenses,
including 
4 additional reasonable expenses for temporary shelter and 
5 restaurant
meals.

6   (i) Losses affecting family needs. If a party is 
7 entitled to seek
maintenance, child support or 
8 property distribution from the other party
under the 
9 Illinois Marriage and Dissolution of Marriage Act, as 
10 now or
hereafter amended, the court may order 
11 respondent to reimburse petitioner's
actual losses, to 
12 the extent that such reimbursement would be 
13 "appropriate
temporary relief", as authorized by 
14 subsection (a)(3) of Section 501 of
that Act.

15   (ii) Recovery of expenses. In the case of an 
16 improper concealment
or removal of a minor child, the 
17 court may order respondent to pay the
reasonable 
18 expenses incurred or to be incurred in the search for 
19 and recovery
of the minor child, including but not 
20 limited to legal fees, court costs,
private 
21 investigator fees, and travel costs.

22  (14) Prohibition of entry. Prohibit the respondent 
23 from entering or
remaining in the residence or household 
24 while the respondent is under the
influence of alcohol or 
25 drugs and constitutes a threat to the safety and
well-being 
26 of the petitioner or the petitioner's children.

 
 
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1  (14.5) Prohibition of firearm possession.

2   (a) Prohibit a respondent against whom an order of 
3 protection was issued from possessing any firearms 
4 during the duration of the order if the order:
5    (1) was issued after a hearing of which such 
6 person received
actual notice, and at which such 
7 person had an opportunity to
participate;
8    (2) restrains such person from harassing, 
9 stalking, or
threatening an intimate partner of 
10 such person or child of such
intimate partner or 
11 person, or engaging in other conduct that
would 
12 place an intimate partner in reasonable fear of 
13 bodily
injury to the partner or child; and
14    (3)(i) includes a finding that such person 
15 represents a
credible threat to the physical 
16 safety of such intimate partner
or child; or
(ii) 
17 by its terms explicitly prohibits the use, 
18 attempted
use, or threatened use of physical force 
19 against such intimate
partner or child that would 
20 reasonably be expected to cause
bodily injury.
21  Any Firearm Owner's Identification Card in the

22 possession of the respondent, except as provided in 
23 subsection (b), shall be ordered by the court to be 
24 turned
over to the local law enforcement agency. The 
25 local law enforcement agency shall immediately mail 
26 the card to the Department of State Police Firearm 
 
 
HB4314- 316 -LRB100 15650 RLC 30751 b


1 Owner's Identification Card Office
for safekeeping. 
2 The court shall
issue a warrant for seizure of any 
3 firearm in the possession of the respondent, to be kept 
4 by the local law enforcement agency for safekeeping, 
5 except as provided in subsection (b).
The period of 
6 safekeeping shall be for the duration of the order of 
7 protection. The firearm or firearms and Firearm 
8 Owner's Identification Card, if unexpired, shall, at 
9 the respondent's request, be returned to the 
10 respondent at the end
of the order of protection. It is 
11 the respondent's responsibility to notify the 
12 Department of State Police Firearm Owner's 
13 Identification Card Office. 

14   (b) If the respondent is a peace officer as defined 
15 in Section 2-13 of
the
Criminal Code of 2012, the court 
16 shall order that any firearms used by the
respondent in 
17 the performance of his or her duties as a
peace officer 
18 be surrendered to
the chief law enforcement executive 
19 of the agency in which the respondent is
employed, who 
20 shall retain the firearms for safekeeping for the 
21 duration of the order of protection.

22   (c) Upon expiration of the period of safekeeping, 
23 if the firearms or Firearm Owner's Identification Card 
24 cannot be returned to respondent because respondent 
25 cannot be located, fails to respond to requests to 
26 retrieve the firearms, or is not lawfully eligible to 
 
 
HB4314- 317 -LRB100 15650 RLC 30751 b


1 possess a firearm, upon petition from the local law 
2 enforcement agency, the court may order the local law 
3 enforcement agency to destroy the firearms, use the 
4 firearms for training purposes, or for any other 
5 application as deemed appropriate by the local law 
6 enforcement agency; or that the firearms be turned over 
7 to a third party who is lawfully eligible to possess 
8 firearms, and who does not reside with respondent. 
9  (15) Prohibition of access to records. If an order of 
10 protection
prohibits respondent from having contact with 
11 the minor child,
or if petitioner's address is omitted 
12 under subsection (b) of
Section 203, or if necessary to 
13 prevent abuse or wrongful removal or
concealment of a minor 
14 child, the order shall deny respondent access to, and

15 prohibit respondent from inspecting, obtaining, or 
16 attempting to
inspect or obtain, school or any other 
17 records of the minor child
who is in the care of 
18 petitioner.

19  (16) Order for payment of shelter services. Order 
20 respondent to
reimburse a shelter providing temporary 
21 housing and counseling services to
the petitioner for the 
22 cost of the services, as certified by the shelter
and 
23 deemed reasonable by the court.

24  (17) Order for injunctive relief. Enter injunctive 
25 relief necessary
or appropriate to prevent further abuse of 
26 a family or household member
or further abuse, neglect, or 
 
 
HB4314- 318 -LRB100 15650 RLC 30751 b


1 exploitation of a high-risk adult with
disabilities or to 
2 effectuate one of the granted remedies, if supported by the

3 balance of hardships. If the harm to be prevented by the 
4 injunction is abuse
or any other harm that one of the 
5 remedies listed in paragraphs (1) through
(16) of this 
6 subsection is designed to prevent, no further evidence is

7 necessary that the harm is an irreparable injury.

8  (18) Telephone services.
9   (A) Unless a condition described in subparagraph 
10 (B) of this paragraph exists, the court may, upon 
11 request by the petitioner, order a wireless telephone 
12 service provider to transfer to the petitioner the 
13 right to continue to use a telephone number or numbers 
14 indicated by the petitioner and the financial 
15 responsibility associated with the number or numbers, 
16 as set forth in subparagraph (C) of this paragraph. For 
17 purposes of this paragraph (18), the term "wireless 
18 telephone service provider" means a provider of 
19 commercial mobile service as defined in 47 U.S.C. 332. 
20 The petitioner may request the transfer of each 
21 telephone number that the petitioner, or a minor child 
22 in his or her custody, uses. The clerk of the court 
23 shall serve the order on the wireless telephone service 
24 provider's agent for service of process provided to the 
25 Illinois Commerce Commission. The order shall contain 
26 all of the following:
 
 
HB4314- 319 -LRB100 15650 RLC 30751 b


1    (i) The name and billing telephone number of 
2 the account holder including the name of the 
3 wireless telephone service provider that serves 
4 the account.
5    (ii) Each telephone number that will be 
6 transferred.
7    (iii) A statement that the provider transfers 
8 to the petitioner all financial responsibility for 
9 and right to the use of any telephone number 
10 transferred under this paragraph.
11   (B) A wireless telephone service provider shall 
12 terminate the respondent's use of, and shall transfer 
13 to the petitioner use of, the telephone number or 
14 numbers indicated in subparagraph (A) of this 
15 paragraph unless it notifies the petitioner, within 72 
16 hours after it receives the order, that one of the 
17 following applies:
18    (i) The account holder named in the order has 
19 terminated the account.
20    (ii) A difference in network technology would 
21 prevent or impair the functionality of a device on 
22 a network if the transfer occurs.
23    (iii) The transfer would cause a geographic or 
24 other limitation on network or service provision 
25 to the petitioner.
26    (iv) Another technological or operational 
 
 
HB4314- 320 -LRB100 15650 RLC 30751 b


1 issue would prevent or impair the use of the 
2 telephone number if the transfer occurs.
3   (C) The petitioner assumes all financial 
4 responsibility for and right to the use of any 
5 telephone number transferred under this paragraph. In 
6 this paragraph, "financial responsibility" includes 
7 monthly service costs and costs associated with any 
8 mobile device associated with the number.
9   (D) A wireless telephone service provider may 
10 apply to the petitioner its routine and customary 
11 requirements for establishing an account or 
12 transferring a number, including requiring the 
13 petitioner to provide proof of identification, 
14 financial information, and customer preferences.

15   (E) Except for willful or wanton misconduct, a 
16 wireless telephone service provider is immune from 
17 civil liability for its actions taken in compliance 
18 with a court order issued under this paragraph.
19   (F) All wireless service providers that provide 
20 services to residential customers shall provide to the 
21 Illinois Commerce Commission the name and address of an 
22 agent for service of orders entered under this 
23 paragraph (18). Any change in status of the registered 
24 agent must be reported to the Illinois Commerce 
25 Commission within 30 days of such change. 
26   (G) The Illinois Commerce Commission shall 
 
 
HB4314- 321 -LRB100 15650 RLC 30751 b


1 maintain the list of registered agents for service for 
2 each wireless telephone service provider on the 
3 Commission's website. The Commission may consult with 
4 wireless telephone service providers and the Circuit 
5 Court Clerks on the manner in which this information is 
6 provided and displayed. 
7 (c) Relevant factors; findings.

8  (1) In determining whether to grant a specific remedy, 
9 other than
payment of support, the court shall consider

10 relevant factors, including but not limited to the 
11 following:

12   (i) the nature, frequency, severity, pattern and 
13 consequences of the
respondent's past abuse, neglect 
14 or exploitation of the petitioner or
any family or 
15 household member, including the concealment of his or 
16 her
location in order to evade service of process or 
17 notice, and the likelihood of
danger of future abuse, 
18 neglect, or exploitation to petitioner or any member of

19 petitioner's or respondent's family or household; and

20   (ii) the danger that any minor child will be abused 
21 or neglected or
improperly relocated from the 
22 jurisdiction, improperly concealed within the
State or 
23 improperly separated from the child's primary 
24 caretaker.

25  (2) In comparing relative hardships resulting to the 
26 parties from loss
of possession of the family home, the 
 
 
HB4314- 322 -LRB100 15650 RLC 30751 b


1 court shall consider relevant
factors, including but not 
2 limited to the following:

3   (i) availability, accessibility, cost, safety, 
4 adequacy, location and
other characteristics of 
5 alternate housing for each party and any minor child
or 
6 dependent adult in the party's care;

7   (ii) the effect on the party's employment; and

8   (iii) the effect on the relationship of the party, 
9 and any minor
child or dependent adult in the party's 
10 care, to family, school, church
and community.

11  (3) Subject to the exceptions set forth in paragraph 
12 (4) of this
subsection, the court shall make its findings 
13 in an official record or in
writing, and shall at a minimum 
14 set forth the following:

15   (i) That the court has considered the applicable 
16 relevant factors
described in paragraphs (1) and (2) of 
17 this subsection.

18   (ii) Whether the conduct or actions of respondent, 
19 unless
prohibited, will likely cause irreparable harm 
20 or continued abuse.

21   (iii) Whether it is necessary to grant the 
22 requested relief in order
to protect petitioner or 
23 other alleged abused persons.

24  (4) For purposes of issuing an ex parte emergency order 
25 of protection,
the court, as an alternative to or as a 
26 supplement to making the findings
described in paragraphs 
 
 
HB4314- 323 -LRB100 15650 RLC 30751 b


1 (c)(3)(i) through (c)(3)(iii) of this subsection, may
use 
2 the following procedure:

3  When a verified petition for an emergency order of 
4 protection in
accordance with the requirements of Sections 
5 203 and 217 is
presented to the court, the court shall 
6 examine petitioner on oath or
affirmation. An emergency 
7 order of protection shall be issued by the court
if it 
8 appears from the contents of the petition and the 
9 examination of
petitioner that the averments are 
10 sufficient to indicate abuse by
respondent and to support 
11 the granting of relief under the issuance of the
emergency 
12 order of protection.

13  (5) Never married parties. No rights or 
14 responsibilities for a minor
child born outside of marriage 
15 attach to a putative father until a father and
child 
16 relationship has been established under the Illinois 
17 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
18 the Illinois Public Aid Code, Section 12 of the Vital 
19 Records Act, the
Juvenile Court Act of 1987, the Probate 
20 Act of 1975 1985, the Revised Uniform
Reciprocal 
21 Enforcement of Support Act, the Uniform Interstate Family 
22 Support
Act, the Expedited Child Support Act of 1990, any 
23 judicial, administrative, or
other act of another state or 
24 territory, any other Illinois statute, or by any
foreign 
25 nation establishing the father and child relationship, any 
26 other
proceeding substantially in conformity with the 
 
 
HB4314- 324 -LRB100 15650 RLC 30751 b


1 Personal Responsibility and
Work Opportunity 
2 Reconciliation Act of 1996 (Pub. L. 104-193), or where both

3 parties appeared in open court or at an administrative 
4 hearing acknowledging
under
oath or admitting by 
5 affirmation the existence of a father and child

6 relationship.
Absent such an adjudication, finding, or 
7 acknowledgment acknowledgement, no putative
father shall 
8 be granted
temporary allocation of parental 
9 responsibilities, including parenting time with the minor 
10 child, or
physical care and possession of the minor child, 
11 nor shall an order of payment
for support of the minor 
12 child be entered.

13 (d) Balance of hardships; findings. If the court finds that 
14the balance
of hardships does not support the granting of a 
15remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
16subsection (b) of this Section,
which may require such 
17balancing, the court's findings shall so
indicate and shall 
18include a finding as to whether granting the remedy will
result 
19in hardship to respondent that would substantially outweigh the 
20hardship
to petitioner from denial of the remedy. The findings 
21shall be an official
record or in writing.

22 (e) Denial of remedies. Denial of any remedy shall not be 
23based, in
whole or in part, on evidence that:

24  (1) Respondent has cause for any use of force, unless 
25 that cause
satisfies the standards for justifiable use of 
26 force provided by Article
7 of the Criminal Code of 2012;

 
 
HB4314- 325 -LRB100 15650 RLC 30751 b


1  (2) Respondent was voluntarily intoxicated;

2  (3) Petitioner acted in self-defense or defense of 
3 another, provided
that, if petitioner utilized force, such 
4 force was justifiable under
Article 7 of the Criminal Code 
5 of 2012; 

6  (4) Petitioner did not act in self-defense or defense 
7 of another;

8  (5) Petitioner left the residence or household to avoid 
9 further abuse,
neglect, or exploitation by respondent;

10  (6) Petitioner did not leave the residence or household 
11 to avoid further
abuse, neglect, or exploitation by 
12 respondent;

13  (7) Conduct by any family or household member excused 
14 the abuse,
neglect, or exploitation by respondent, unless 
15 that same conduct would have
excused such abuse, neglect, 
16 or exploitation if the parties had not been
family or 
17 household members.

18(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642, 
19eff. 7-28-16; 100-388, eff. 1-1-18; revised 10-6-17.)


20 Section 115. The Revised Uniform Unclaimed Property Act is 
21amended by changing Section 15-705 as follows:

22 (765 ILCS 1026/15-705)

23 Sec. 15-705. Exceptions to the sale of tangible property. 
24The administrator shall dispose of tangible property 
 
 
HB4314- 326 -LRB100 15650 RLC 30751 b


1identified by this Section in accordance with this Section.
2 (a) Military medals or decorations. The administrator may 
3not sell a medal or decoration awarded for military service in 
4the armed forces of the United States. Instead, the 
5administrator, with the consent of the respective organization 
6under paragraph (1), agency under paragraph (2), or entity 
7under paragraph (3), may deliver a medal or decoration to be 
8held in custody for the owner, to:
9  (1) a military veterans organization qualified under 
10 Section 501(c)(19) of the Internal Revenue Code;
11  (2) the agency that awarded the medal or decoration; or
12  (3) a governmental entity.
13 After delivery, the administrator is not responsible for 
14the safekeeping of the medal or decoration.
15 (b) Property with historical value. Property that the 
16administrator reasonably believes may have historical value 
17may be, at his or her discretion, loaned to an accredited 
18museum in the United States where it will be kept until such 
19time as the administrator orders it to be returned to his or 
20her custody.
21 (c) Human remains. If human remains are delivered to the 
22administrator under this Act, the administrator shall deliver 
23those human remains to the coroner of the county in which the 
24human remains were abandoned for disposition under Section 
253-3034 of the Counties Code. The only human remains that may be 
26delivered to the administrator under this Act and that the 
 
 
HB4314- 327 -LRB100 15650 RLC 30751 b


1administrator may receive are those that are reported and 
2delivered as contents of a safe deposit box.
3 (d) Evidence in a criminal investigation. Property that may 
4have been used in the commission of a crime or that may assist 
5in the investigation of a crime, as determined after consulting 
6with the Department of State Police, shall be delivered to the 
7Department of State Police or other appropriate law enforcement 
8authority to allow law enforcement to determine whether a 
9criminal investigation should take place. Any such property 
10delivered to a law enforcement authority shall be held in 
11accordance with existing statutes and rules related to the 
12gathering, retention, and release of evidence.
13 (e) Firearms.
14  (1) The administrator, in cooperation with the 
15 Department of State Police, shall develop a procedure to 
16 determine whether a firearm delivered to the administrator 
17 under this Act has been stolen or used in the commission of 
18 a crime. The Department of State Police shall determine the 
19 appropriate disposition of a firearm that has been stolen 
20 or used in the commission of a crime. The administrator 
21 shall attempt to return a firearm that has not been stolen 
22 or used in the commission of a crime to the rightful owner 
23 if the Department of State Police determines that the owner 
24 may lawfully possess the firearm.
25  (2) If the administrator is unable to return a firearm 
26 to its owner, the administrator shall transfer custody of 
 
 
HB4314- 328 -LRB100 15650 RLC 30751 b


1 the firearm to the Department of State Police. Legal title 
2 to a firearm transferred to the Department of State Police 
3 under this subsection (e) is vested in the Department of 
4 State Police by operation of law if:
5   (i) the administrator cannot locate the owner of 
6 the firearm;
7   (ii) the owner of the firearm may not lawfully 
8 possess the firearm;
9   (iii) the apparent owner does not respond to notice 
10 published under Section 15-503 of this Act; or
11   (iv) the apparent owner responds to notice 
12 published under Section 15-502 and states that he or 
13 she no longer claims an interest in the firearm.
14  (3) With respect to a firearm whose title is 
15 transferred to the Department of State Police under this 
16 subsection (e), the Department of State Police may:
17   (i) retain the firearm for use by the crime 
18 laboratory system, for training purposes, or for any 
19 other application as deemed appropriate by the 
20 Department;
21   (ii) transfer the firearm to the Illinois State 
22 Museum if the firearm has historical value; or
23   (iii) destroy the firearm if it is not retained 
24 pursuant to subparagraph (i) or transferred pursuant 
25 to subparagraph (ii).
26 As used in this subsection, "firearm" has the meaning 
 
 
HB4314- 329 -LRB100 15650 RLC 30751 b


1provided in Section 2-7.5 of the Criminal Code of 2012 the 
2Firearm Owners Identification Card Act.

3(Source: P.A. 100-22, eff. 1-1-18.)


4 Section 995. No acceleration or delay. Where this Act makes 
5changes in a statute that is represented in this Act by text 
6that is not yet or no longer in effect (for example, a Section 
7represented by multiple versions), the use of that text does 
8not accelerate or delay the taking effect of (i) the changes 
9made by this Act or (ii) provisions derived from any other 
10Public Act.

11 Section 999. Effective date. This Act takes effect upon 
12becoming law.

                        
 
 
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1
INDEX

2
Statutes amended in order of appearance

3 5 ILCS 140/7.5
4 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
5 20 ILCS 2605/2605-300was 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 710/1from Ch. 85, par. 515
11 105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
12 105 ILCS 5/10-27.1A
13 105 ILCS 5/34-8.05
14 225 ILCS 210/2005from 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 45/2from 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 5/3.2from Ch. 61, par. 3.2
4 520 ILCS 5/3.2afrom 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 5/12-3.05was 720 ILCS 5/12-4
9 720 ILCS 5/16-0.1
10 720 ILCS 5/17-30was 720 ILCS 5/16C-2
11 720 ILCS 5/24-1from Ch. 38, par. 24-1
12 720 ILCS 5/24-1.1from 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 5/24-3from Ch. 38, par. 24-3
17 720 ILCS 5/24-3B
18 720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
19 720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
20 720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
21 720 ILCS 5/24-3.5
22 720 ILCS 5/24-4.1
23 720 ILCS 5/24-4.5 new
24 720 ILCS 5/24-9
25 720 ILCS 646/10
26 725 ILCS 5/110-10from Ch. 38, par. 110-10
 
 
HB4314- 332 -LRB100 15650 RLC 30751 b