|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4662 Introduced , by Rep. Margo McDermed SYNOPSIS AS INTRODUCED:
|
| 720 ILCS 5/24-2 | | 730 ILCS 110/17 | | 730 ILCS 110/17.1 new | | 730 ILCS 125/26.1 new | |
|
Amends the Criminal Code of 2012, the Probation and Probation Officers Act, and the County Jail Act. Permits currently-employed and qualified-retired county correctional officers and county probation officers in a county of 3,000,000 or more inhabitants to carry their own firearms off-duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements. Provides that currently-employed and qualified-retired county correctional officers and county probation officers shall carry a photographic identification and a valid annual firearm certificate while carrying their own firearms off-duty. Limited to correctional officers who have custody and control over inmates in an adult correctional facility and probation officers for adult probationers.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
|
| | HB4662 | | LRB100 18274 RLC 33477 b |
|
|
1 | | AN ACT concerning criminal law.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Criminal Code of 2012 is amended by changing |
5 | | Section 24-2 as follows:
|
6 | | (720 ILCS 5/24-2)
|
7 | | Sec. 24-2. Exemptions.
|
8 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
9 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of |
10 | | the following:
|
11 | | (1) Peace officers, and any person summoned by a peace |
12 | | officer to
assist in making arrests or preserving the |
13 | | peace, while actually engaged in
assisting such officer.
|
14 | | (2) Wardens, superintendents and keepers of prisons,
|
15 | | penitentiaries, jails and other institutions for the |
16 | | detention of persons
accused or convicted of an offense, |
17 | | while in the performance of their
official duty, or while |
18 | | commuting between their homes and places of employment.
|
19 | | (3) Members of the Armed Services or Reserve Forces of |
20 | | the United States
or the Illinois National Guard or the |
21 | | Reserve Officers Training Corps,
while in the performance |
22 | | of their official duty.
|
23 | | (4) Special agents employed by a railroad or a public |
|
| | HB4662 | - 2 - | LRB100 18274 RLC 33477 b |
|
|
1 | | utility to
perform police functions, and guards of armored |
2 | | car companies, while
actually engaged in the performance of |
3 | | the duties of their employment or
commuting between their |
4 | | homes and places of employment; and watchmen
while actually |
5 | | engaged in the performance of the duties of their |
6 | | employment.
|
7 | | (5) Persons licensed as private security contractors, |
8 | | private
detectives, or private alarm contractors, or |
9 | | employed by a private security contractor, private |
10 | | detective, or private alarm contractor agency licensed
by |
11 | | the Department of Financial and Professional Regulation, |
12 | | if their duties
include the carrying of a weapon under the |
13 | | provisions of the Private
Detective, Private Alarm,
|
14 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
15 | | 2004,
while actually
engaged in the performance of the |
16 | | duties of their employment or commuting
between their homes |
17 | | and places of employment. A person shall be considered |
18 | | eligible for this
exemption if he or she has completed the |
19 | | required 20
hours of training for a private security |
20 | | contractor, private
detective, or private alarm |
21 | | contractor, or employee of a licensed private security |
22 | | contractor, private detective, or private alarm contractor |
23 | | agency and 20 hours of required firearm
training, and has |
24 | | been issued a firearm control card by
the Department of |
25 | | Financial and Professional Regulation. Conditions for the |
26 | | renewal of
firearm control cards issued under the |
|
| | HB4662 | - 3 - | LRB100 18274 RLC 33477 b |
|
|
1 | | provisions of this Section
shall be the same as for those |
2 | | cards issued under the provisions of the
Private Detective, |
3 | | Private Alarm,
Private Security, Fingerprint Vendor, and |
4 | | Locksmith Act of 2004. The
firearm control card shall be |
5 | | carried by the private security contractor, private
|
6 | | detective, or private alarm contractor, or employee of the |
7 | | licensed private security contractor, private detective, |
8 | | or private alarm contractor agency at all
times when he or |
9 | | she is in possession of a concealable weapon permitted by |
10 | | his or her firearm control card.
|
11 | | (6) Any person regularly employed in a commercial or |
12 | | industrial
operation as a security guard for the protection |
13 | | of persons employed
and private property related to such |
14 | | commercial or industrial
operation, while actually engaged |
15 | | in the performance of his or her
duty or traveling between |
16 | | sites or properties belonging to the
employer, and who, as |
17 | | a security guard, is a member of a security force |
18 | | registered with the Department of Financial and |
19 | | Professional
Regulation; provided that such security guard |
20 | | has successfully completed a
course of study, approved by |
21 | | and supervised by the Department of
Financial and |
22 | | Professional Regulation, consisting of not less than 40 |
23 | | hours of training
that includes the theory of law |
24 | | enforcement, liability for acts, and the
handling of |
25 | | weapons. A person shall be considered eligible for this
|
26 | | exemption if he or she has completed the required 20
hours |
|
| | HB4662 | - 4 - | LRB100 18274 RLC 33477 b |
|
|
1 | | of training for a security officer and 20 hours of required |
2 | | firearm
training, and has been issued a firearm control |
3 | | card by
the Department of Financial and Professional |
4 | | Regulation. Conditions for the renewal of
firearm control |
5 | | cards issued under the provisions of this Section
shall be |
6 | | the same as for those cards issued under the provisions of |
7 | | the
Private Detective, Private Alarm,
Private Security, |
8 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm |
9 | | control card shall be carried by the security guard at all
|
10 | | times when he or she is in possession of a concealable |
11 | | weapon permitted by his or her firearm control card.
|
12 | | (7) Agents and investigators of the Illinois |
13 | | Legislative Investigating
Commission authorized by the |
14 | | Commission to carry the weapons specified in
subsections |
15 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
|
16 | | any investigation for the Commission.
|
17 | | (8) Persons employed by a financial institution as a |
18 | | security guard for the protection of
other employees and |
19 | | property related to such financial institution, while
|
20 | | actually engaged in the performance of their duties, |
21 | | commuting between
their homes and places of employment, or |
22 | | traveling between sites or
properties owned or operated by |
23 | | such financial institution, and who, as a security guard, |
24 | | is a member of a security force registered with the |
25 | | Department; provided that
any person so employed has |
26 | | successfully completed a course of study,
approved by and |
|
| | HB4662 | - 5 - | LRB100 18274 RLC 33477 b |
|
|
1 | | supervised by the Department of Financial and Professional |
2 | | Regulation,
consisting of not less than 40 hours of |
3 | | training which includes theory of
law enforcement, |
4 | | liability for acts, and the handling of weapons.
A person |
5 | | shall be considered to be eligible for this exemption if he |
6 | | or
she has completed the required 20 hours of training for |
7 | | a security officer
and 20 hours of required firearm |
8 | | training, and has been issued a
firearm control card by the |
9 | | Department of Financial and Professional Regulation.
|
10 | | Conditions for renewal of firearm control cards issued |
11 | | under the
provisions of this Section shall be the same as |
12 | | for those issued under the
provisions of the Private |
13 | | Detective, Private Alarm,
Private Security, Fingerprint |
14 | | Vendor, and Locksmith Act of 2004. The
firearm control card |
15 | | shall be carried by the security guard at all times when he |
16 | | or she is in possession of a concealable
weapon permitted |
17 | | by his or her firearm control card. For purposes of this |
18 | | subsection, "financial institution" means a
bank, savings |
19 | | and loan association, credit union or company providing
|
20 | | armored car services.
|
21 | | (9) Any person employed by an armored car company to |
22 | | drive an armored
car, while actually engaged in the |
23 | | performance of his duties.
|
24 | | (10) Persons who have been classified as peace officers |
25 | | pursuant
to the Peace Officer Fire Investigation Act.
|
26 | | (11) Investigators of the Office of the State's |
|
| | HB4662 | - 6 - | LRB100 18274 RLC 33477 b |
|
|
1 | | Attorneys Appellate
Prosecutor authorized by the board of |
2 | | governors of the Office of the
State's Attorneys Appellate |
3 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the |
4 | | State's Attorneys Appellate Prosecutor's Act.
|
5 | | (12) Special investigators appointed by a State's |
6 | | Attorney under
Section 3-9005 of the Counties Code.
|
7 | | (12.5) Probation officers while in the performance of |
8 | | their duties, or
while commuting between their homes, |
9 | | places of employment or specific locations
that are part of |
10 | | their assigned duties, with the consent of the chief judge |
11 | | of
the circuit for which they are employed, if they have |
12 | | received weapons training according
to requirements of the |
13 | | Peace Officer and Probation Officer Firearm Training Act.
|
14 | | (13) Court Security Officers while in the performance |
15 | | of their official
duties, or while commuting between their |
16 | | homes and places of employment, with
the
consent of the |
17 | | Sheriff.
|
18 | | (13.5) A person employed as an armed security guard at |
19 | | a nuclear energy,
storage, weapons or development site or |
20 | | facility regulated by the Nuclear
Regulatory Commission |
21 | | who has completed the background screening and training
|
22 | | mandated by the rules and regulations of the Nuclear |
23 | | Regulatory Commission.
|
24 | | (14) Manufacture, transportation, or sale of weapons |
25 | | to
persons
authorized under subdivisions (1) through |
26 | | (13.5) of this
subsection
to
possess those weapons.
|
|
| | HB4662 | - 7 - | LRB100 18274 RLC 33477 b |
|
|
1 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
2 | | to
or affect any person carrying a concealed pistol, revolver, |
3 | | or handgun and the person has been issued a currently valid |
4 | | license under the Firearm Concealed Carry Act at the time of |
5 | | the commission of the offense. |
6 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
7 | | 24-1.6 do not
apply to or affect
any of the following:
|
8 | | (1) Members of any club or organization organized for |
9 | | the purpose of
practicing shooting at targets upon |
10 | | established target ranges, whether
public or private, and |
11 | | patrons of such ranges, while such members
or patrons are |
12 | | using their firearms on those target ranges.
|
13 | | (2) Duly authorized military or civil organizations |
14 | | while parading,
with the special permission of the |
15 | | Governor.
|
16 | | (3) Hunters, trappers or fishermen with a license or
|
17 | | permit while engaged in hunting,
trapping or fishing.
|
18 | | (4) Transportation of weapons that are broken down in a
|
19 | | non-functioning state or are not immediately accessible.
|
20 | | (5) Carrying or possessing any pistol, revolver, stun |
21 | | gun or taser or other firearm on the land or in the legal |
22 | | dwelling of another person as an invitee with that person's |
23 | | permission. |
24 | | (c) Subsection 24-1(a)(7) does not apply to or affect any |
25 | | of the
following:
|
26 | | (1) Peace officers while in performance of their |
|
| | HB4662 | - 8 - | LRB100 18274 RLC 33477 b |
|
|
1 | | official duties.
|
2 | | (2) Wardens, superintendents and keepers of prisons, |
3 | | penitentiaries,
jails and other institutions for the |
4 | | detention of persons accused or
convicted of an offense.
|
5 | | (3) Members of the Armed Services or Reserve Forces of |
6 | | the United States
or the Illinois National Guard, while in |
7 | | the performance of their official
duty.
|
8 | | (4) Manufacture, transportation, or sale of machine |
9 | | guns to persons
authorized under subdivisions (1) through |
10 | | (3) of this subsection to
possess machine guns, if the |
11 | | machine guns are broken down in a
non-functioning state or |
12 | | are not immediately accessible.
|
13 | | (5) Persons licensed under federal law to manufacture |
14 | | any weapon from
which 8 or more shots or bullets can be |
15 | | discharged by a
single function of the firing device, or |
16 | | ammunition for such weapons, and
actually engaged in the |
17 | | business of manufacturing such weapons or
ammunition, but |
18 | | only with respect to activities which are within the lawful
|
19 | | scope of such business, such as the manufacture, |
20 | | transportation, or testing
of such weapons or ammunition. |
21 | | This exemption does not authorize the
general private |
22 | | possession of any weapon from which 8 or more
shots or |
23 | | bullets can be discharged by a single function of the |
24 | | firing
device, but only such possession and activities as |
25 | | are within the lawful
scope of a licensed manufacturing |
26 | | business described in this paragraph.
|
|
| | HB4662 | - 9 - | LRB100 18274 RLC 33477 b |
|
|
1 | | During transportation, such weapons shall be broken |
2 | | down in a
non-functioning state or not immediately |
3 | | accessible.
|
4 | | (6) The manufacture, transport, testing, delivery, |
5 | | transfer or sale,
and all lawful commercial or experimental |
6 | | activities necessary thereto, of
rifles, shotguns, and |
7 | | weapons made from rifles or shotguns,
or ammunition for |
8 | | such rifles, shotguns or weapons, where engaged in
by a |
9 | | person operating as a contractor or subcontractor pursuant |
10 | | to a
contract or subcontract for the development and supply |
11 | | of such rifles,
shotguns, weapons or ammunition to the |
12 | | United States government or any
branch of the Armed Forces |
13 | | of the United States, when such activities are
necessary |
14 | | and incident to fulfilling the terms of such contract.
|
15 | | The exemption granted under this subdivision (c)(6)
|
16 | | shall also apply to any authorized agent of any such |
17 | | contractor or
subcontractor who is operating within the |
18 | | scope of his employment, where
such activities involving |
19 | | such weapon, weapons or ammunition are necessary
and |
20 | | incident to fulfilling the terms of such contract.
|
21 | | (7) A person possessing a rifle with a barrel or |
22 | | barrels less than 16 inches in length if: (A) the person |
23 | | has been issued a Curios and Relics license from the U.S. |
24 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) |
25 | | the person is an active member of a bona fide, nationally |
26 | | recognized military re-enacting group and the modification |
|
| | HB4662 | - 10 - | LRB100 18274 RLC 33477 b |
|
|
1 | | is required and necessary to accurately portray the weapon |
2 | | for historical re-enactment purposes; the re-enactor is in |
3 | | possession of a valid and current re-enacting group |
4 | | membership credential; and the overall length of the weapon |
5 | | as modified is not less than 26 inches. |
6 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, |
7 | | possession
or carrying of a black-jack or slung-shot by a peace |
8 | | officer.
|
9 | | (e) Subsection 24-1(a)(8) does not apply to any owner, |
10 | | manager or
authorized employee of any place specified in that |
11 | | subsection nor to any
law enforcement officer.
|
12 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
13 | | Section 24-1.6
do not apply
to members of any club or |
14 | | organization organized for the purpose of practicing
shooting |
15 | | at targets upon established target ranges, whether public or |
16 | | private,
while using their firearms on those target ranges.
|
17 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
18 | | to:
|
19 | | (1) Members of the Armed Services or Reserve Forces of |
20 | | the United
States or the Illinois National Guard, while in |
21 | | the performance of their
official duty.
|
22 | | (2) Bonafide collectors of antique or surplus military |
23 | | ordnance.
|
24 | | (3) Laboratories having a department of forensic |
25 | | ballistics, or
specializing in the development of |
26 | | ammunition or explosive ordnance.
|
|
| | HB4662 | - 11 - | LRB100 18274 RLC 33477 b |
|
|
1 | | (4) Commerce, preparation, assembly or possession of |
2 | | explosive
bullets by manufacturers of ammunition licensed |
3 | | by the federal government,
in connection with the supply of |
4 | | those organizations and persons exempted
by subdivision |
5 | | (g)(1) of this Section, or like organizations and persons
|
6 | | outside this State, or the transportation of explosive |
7 | | bullets to any
organization or person exempted in this |
8 | | Section by a common carrier or by a
vehicle owned or leased |
9 | | by an exempted manufacturer.
|
10 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect |
11 | | persons licensed
under federal law to manufacture any device or |
12 | | attachment of any kind designed,
used, or intended for use in |
13 | | silencing the report of any firearm, firearms, or
ammunition
|
14 | | for those firearms equipped with those devices, and actually |
15 | | engaged in the
business of manufacturing those devices, |
16 | | firearms, or ammunition, but only with
respect to
activities |
17 | | that are within the lawful scope of that business, such as the
|
18 | | manufacture, transportation, or testing of those devices, |
19 | | firearms, or
ammunition. This
exemption does not authorize the |
20 | | general private possession of any device or
attachment of any |
21 | | kind designed, used, or intended for use in silencing the
|
22 | | report of any firearm, but only such possession and activities |
23 | | as are within
the
lawful scope of a licensed manufacturing |
24 | | business described in this subsection
(g-5). During |
25 | | transportation, these devices shall be detached from any weapon
|
26 | | or
not immediately accessible.
|
|
| | HB4662 | - 12 - | LRB100 18274 RLC 33477 b |
|
|
1 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
|
2 | | 24-1.6 do not apply to
or affect any parole agent or parole |
3 | | supervisor who meets the qualifications and conditions |
4 | | prescribed in Section 3-14-1.5 of the Unified Code of |
5 | | Corrections. |
6 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace |
7 | | officer while serving as a member of a tactical response team |
8 | | or special operations team. A peace officer may not personally |
9 | | own or apply for ownership of a device or attachment of any |
10 | | kind designed, used, or intended for use in silencing the |
11 | | report of any firearm. These devices shall be owned and |
12 | | maintained by lawfully recognized units of government whose |
13 | | duties include the investigation of criminal acts. |
14 | | (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
|
15 | | 24-1.6 do not apply to, or affect, any currently-employed or |
16 | | qualified-retired county correctional officer or probation |
17 | | officer, employed or retired from, a county of 3,000,000 or |
18 | | more inhabitants who meets the qualifications and conditions |
19 | | prescribed in Section 17.1 of the Probation and Probation |
20 | | Officers Act or Section 26.1 of the
County Jail Act. |
21 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and |
22 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an |
23 | | athlete's possession, transport on official Olympic and |
24 | | Paralympic transit systems established for athletes, or use of |
25 | | competition firearms sanctioned by the International Olympic |
26 | | Committee, the International Paralympic Committee, the |
|
| | HB4662 | - 13 - | LRB100 18274 RLC 33477 b |
|
|
1 | | International Shooting Sport Federation, or USA Shooting in |
2 | | connection with such athlete's training for and participation |
3 | | in shooting competitions at the 2016 Olympic and Paralympic |
4 | | Games and sanctioned test events leading up to the 2016 Olympic |
5 | | and Paralympic Games. |
6 | | (h) An information or indictment based upon a violation of |
7 | | any
subsection of this Article need not negative any exemptions |
8 | | contained in
this Article. The defendant shall have the burden |
9 | | of proving such an
exemption.
|
10 | | (i) Nothing in this Article shall prohibit, apply to, or |
11 | | affect
the transportation, carrying, or possession, of any |
12 | | pistol or revolver,
stun gun, taser, or other firearm consigned |
13 | | to a common carrier operating
under license of the State of |
14 | | Illinois or the federal government, where
such transportation, |
15 | | carrying, or possession is incident to the lawful
|
16 | | transportation in which such common carrier is engaged; and |
17 | | nothing in this
Article shall prohibit, apply to, or affect the |
18 | | transportation, carrying,
or possession of any pistol, |
19 | | revolver, stun gun, taser, or other firearm,
not the subject of |
20 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of |
21 | | this Article, which is unloaded and enclosed in a case, firearm
|
22 | | carrying box, shipping box, or other container, by the |
23 | | possessor of a valid
Firearm Owners Identification Card.
|
24 | | (Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
|
25 | | Section 10. The Probation and Probation Officers Act is |
|
| | HB4662 | - 14 - | LRB100 18274 RLC 33477 b |
|
|
1 | | amended by changing Section 17 and by adding Section 17.1 as |
2 | | follows:
|
3 | | (730 ILCS 110/17) |
4 | | Sec. 17. Authorization to carry weapons. Except as |
5 | | otherwise provided in Section 17.1, probation Probation
|
6 | | officers may only carry weapons while in the performance of
|
7 | | their official duties, or while commuting between their homes,
|
8 | | places of employment, or specific locations that are part of
|
9 | | their assigned duties, provided they have received the prior
|
10 | | consent of the Chief Judge of the Circuit Court for which they
|
11 | | are employed, and they have received weapons training according
|
12 | | to requirements of the Peace Officer and Probation Officer |
13 | | Firearm Training Act.
|
14 | | (Source: P.A. 98-725, eff. 1-1-15 .)
|
15 | | (730 ILCS 110/17.1 new) |
16 | | Sec. 17.1. Probation officers in a county of 3,000,000 or |
17 | | more inhabitants; off-duty firearms. |
18 | | (a) In this Section: |
19 | | "Adult probationer" means a person who committed an |
20 | | offense on or after his or her 18th birthday and who has |
21 | | been placed on probation for that offense. |
22 | | "County probation officer" means an employee of a |
23 | | county probation department in a county of 3,000,000 or |
24 | | more inhabitant within this State who has charge over adult |
|
| | HB4662 | - 15 - | LRB100 18274 RLC 33477 b |
|
|
1 | | probationers. |
2 | | "Qualified-retired county probation officer" means a |
3 | | former county probation officer who: |
4 | | (1) was separated from service with the county |
5 | | probation department in good standing; |
6 | | (2) before the separation, was appointed as a |
7 | | probation officer under the Probation and Probation |
8 | | Officers Act; |
9 | | (3) before the separation, served as a county |
10 | | probation officer for an aggregate of 10 years or more; |
11 | | (4) has not either: |
12 | | (A) been officially found, as the chief county |
13 | | probation officer shall by rule provide, by a |
14 | | qualified medical professional employed by the |
15 | | chief county probation officer to be unqualified |
16 | | for reasons relating to mental health and as a |
17 | | result of this finding will not be issued the |
18 | | photographic identification as described in |
19 | | paragraph (5) of subsection (b) of this Section; or |
20 | | (B) entered into an agreement with the county |
21 | | probation department from which the individual is |
22 | | separated from service in which that individual |
23 | | acknowledges he or she is not qualified under this |
24 | | Section for reasons relating to mental health and |
25 | | for those reasons will not receive or accept the |
26 | | photographic identification as described in |
|
| | HB4662 | - 16 - | LRB100 18274 RLC 33477 b |
|
|
1 | | paragraph (5) of subsection (b) of this Section; |
2 | | (5) is not under the influence of alcohol or any |
3 | | other intoxicating or hallucinatory drug or substance; |
4 | | and |
5 | | (6) is not prohibited by State or federal law from |
6 | | receiving a firearm. |
7 | | (b) Paragraphs (4) and (10) of subsection (a) of Section |
8 | | 24-1 and Section
24-1.6 of the Criminal Code of 2012 do not |
9 | | apply to currently-employed or qualified-retired county |
10 | | probation officers who meet the
following conditions: |
11 | | (1) The currently-employed or qualified-retired county
|
12 | | probation officer must receive training in the use of
|
13 | | firearms while off-duty conducted by the Illinois Law
|
14 | | Enforcement Training Standards Board and be certified as
|
15 | | having successfully completed the training by the Board.
|
16 | | The Board shall determine the amount of the training and |
17 | | the course content for the training. The |
18 | | currently-employed or qualified-retired county probation |
19 | | officer shall
requalify for the firearms training annually |
20 | | at a State
range certified by the Illinois Law Enforcement |
21 | | Training Standards Board. The expenses of the retraining |
22 | | shall be
paid by the currently-employed or |
23 | | qualified-retired county probation officer and moneys for |
24 | | the costs of the
requalification shall be expended at the |
25 | | request of the Illinois Law Enforcement Training Standards |
26 | | Board. |
|
| | HB4662 | - 17 - | LRB100 18274 RLC 33477 b |
|
|
1 | | (2) The currently-employed or qualified-retired county |
2 | | probation officer shall purchase the firearm at his or her |
3 | | own expense and shall register the firearm with the |
4 | | Department of State Police and with any other local law |
5 | | enforcement agencies that require the registration. |
6 | | (3) The currently-employed or qualified-retired county |
7 | | probation officer may not carry any county probation |
8 | | department-issued firearm while off-duty. A person who
|
9 | | violates this paragraph (3) is subject to disciplinary
|
10 | | action by the chief county probation officer. |
11 | | (4) County probation officers who are or were
|
12 | | discharged from employment by the chief county probation |
13 | | officer shall no
longer be considered probation officers |
14 | | and all
their rights as probation officers shall be revoked
|
15 | | permanently. |
16 | | (5) The currently-employed or qualified-retired county |
17 | | probation officer shall carry a photographic |
18 | | identification issued by his or her agency identifying him |
19 | | or her as a currently-employed or qualified-retired county |
20 | | probation officer while carrying a firearm off-duty, along |
21 | | with a valid annual firearm certificate issued by the |
22 | | Illinois Law Enforcement Training Standards Board stating |
23 | | that he or she is qualified to carry a concealed weapon.
|
24 | | Section 15. The County Jail Act is amended by adding |
25 | | Section 26.1 as follows:
|
|
| | HB4662 | - 18 - | LRB100 18274 RLC 33477 b |
|
|
1 | | (730 ILCS 125/26.1 new) |
2 | | Sec. 26.1. County correctional officers in a county of |
3 | | 3,000,000 or more inhabitants; off-duty firearms. |
4 | | (a) In this Section: |
5 | | "County correctional officer" means an employee of a county |
6 | | sheriff's office in a county of 3,000,000 or more inhabitants |
7 | | within this State or a county department of corrections in a |
8 | | county of 3,000,000 or more inhabitants within this State who |
9 | | has custody and control over adult inmates in a county jail. |
10 | | "Qualified-retired county correctional officer" means a |
11 | | former county correctional officer who: |
12 | | (1) was separated from service with the county |
13 | | sheriff's office in good standing; |
14 | | (2) before the separation, was authorized by law to |
15 | | engage in or supervise the activities of prevention, |
16 | | detection, investigation, prosecution, or incarceration of |
17 | | any person for any violation of law; |
18 | | (3) before the separation, served as a county |
19 | | correctional officer for an aggregate of 10 years or more; |
20 | | (4) has not either: |
21 | | (A) been officially found, as the county sheriff |
22 | | shall by rule provide, by a qualified medical |
23 | | professional employed by the county sheriff to be |
24 | | unqualified for reasons relating to mental health and |
25 | | as a result of this finding will not be issued the |
|
| | HB4662 | - 19 - | LRB100 18274 RLC 33477 b |
|
|
1 | | photographic identification as described in paragraph |
2 | | (5) of subsection (b) of this Section; or |
3 | | (B) entered into an agreement with the county |
4 | | sheriff's office from which the individual is |
5 | | separated form service in which that individual |
6 | | acknowledges he or she is not qualified under this |
7 | | Section for reasons relating to mental health and for |
8 | | those reasons will not receive or accept the |
9 | | photographic identification as described in paragraph |
10 | | (5) of subsection (b) of this Section; |
11 | | (5) is not under the influence of alcohol or any other |
12 | | intoxicating or hallucinatory drug or substance; and |
13 | | (6) is not prohibited by State or federal law from |
14 | | receiving a firearm. |
15 | | (b) Paragraphs (4) and (10) of subsection (a) of Section |
16 | | 24-1 and Section
24-1.6 of the Criminal Code of 2012 do not |
17 | | apply to currently-employed or qualified-retired county |
18 | | correctional officers who meet the
following conditions: |
19 | | (1) The currently-employed or qualified-retired county
|
20 | | correctional officer must receive training in the use of
|
21 | | firearms while off-duty conducted by the Illinois Law
|
22 | | Enforcement Training Standards Board and be certified as
|
23 | | having successfully completed the training by the Board.
|
24 | | The Board shall determine the amount of the training and |
25 | | the course content for the training. The |
26 | | currently-employed or qualified-retired county |
|
| | HB4662 | - 20 - | LRB100 18274 RLC 33477 b |
|
|
1 | | correctional officer shall
requalify for the firearms |
2 | | training annually at a State
range certified by the |
3 | | Illinois Law Enforcement Training Standards Board. The |
4 | | expenses of the retraining shall be
paid by the |
5 | | currently-employed or qualified-retired county |
6 | | correctional officer and moneys for the costs of the
|
7 | | requalification shall be expended at the request of the |
8 | | Illinois Law Enforcement Training Standards Board. |
9 | | (2) The currently-employed or qualified-retired county |
10 | | correctional officer shall purchase the firearm at his or |
11 | | her own expense and shall register the firearm with the |
12 | | Department of State Police and with any other local law |
13 | | enforcement agencies that require the registration. |
14 | | (3) The currently-employed or qualified-retired county |
15 | | correctional officer may not carry any county |
16 | | sheriff-issued firearm while off-duty. A person who
|
17 | | violates this paragraph (3) is subject to disciplinary
|
18 | | action by the county sheriff. |
19 | | (4) County correctional officers who are or were
|
20 | | discharged from employment by the county sheriff shall no
|
21 | | longer be considered law enforcement officials and all
|
22 | | their rights as law enforcement officials shall be revoked
|
23 | | permanently. |
24 | | (5) The currently-employed or qualified-retired county |
25 | | correctional officer shall carry a photographic |
26 | | identification issued by his or her agency identifying him |