100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3609
 
Introduced 5/8/2018, by Sen. Kyle McCarter
 
SYNOPSIS AS INTRODUCED:



   
105 ILCS 5/10-30 new
105 ILCS 5/34-18 from Ch. 122, par. 34-18
720 ILCS 5/24-2

 Amends the School Code. Provides that a school board may grant written permission to a person who has a Professional Educator License or an Educator
License with Stipulations
granted by the State Superintendent of Education under the Code, other qualified staff, or a qualified volunteer to carry a firearm if employed as
an educator, other qualified staff, or a qualified volunteer by the school district, while actually engaged in the performance of the duties of his or her employment. Provides that the
person must have undergone a psychiatric evaluation as determined by the school board and possess a valid license to carry
a concealed firearm in the State under the Firearm Concealed Carry Act. Provides that notwithstanding any other
provisions of law, a school district may not require any educator, other qualified staff, or a qualified volunteer, as a condition of employment, to carry a firearm. Provides that a person permitted by the school board to carry a firearm shall receive additional training on dealing with children. Amends the Criminal Code of 2012. Exempts an educator, other qualified staff, or a qualified volunteer from violations of the unlawful use of weapons and aggravated unlawful use of a weapon statutes for carrying a firearm in a school under these provisions. Effective immediately.



LRB100 21871 RLC 39689 b


 
 
A BILL FOR
 


SB3609LRB100 21871 RLC 39689 b



1 AN ACT concerning criminal law.


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

3represented in the General Assembly:



4 Section 5. The School Code is amended by changing Section 
534-18 and by adding Section 10-30 as follows:

6 (105 ILCS 5/10-30 new)
7 Sec. 10-30. School board may permit licensed educators, 
8other qualified staff, or qualified volunteers to carry 
9firearms. A school board may grant written permission to a 
10person who has a Professional Educator License or an Educator

11License with Stipulations
granted by the State Superintendent 
12of Education under Article 21B of this Code, other qualified 
13staff, or a qualified volunteer to carry a firearm if employed 
14as
an educator, other qualified staff, or a qualified volunteer 
15by the school district, while actually engaged in the 
16performance of the duties of his or her employment. The
person 
17must have undergone a psychiatric evaluation as determined by 
18the school board and possess a valid license to carry
a 
19concealed firearm in this State under the Firearm Concealed 
20Carry Act. Notwithstanding any other
provisions of law, a 
21school district may not require any educator, other qualified 
22staff, or a qualified volunteer, as a condition of employment, 
23to carry a firearm. Preference shall be given to veterans and 
 
 
SB3609- 2 -LRB100 21871 RLC 39689 b


1law enforcement. The person permitted by the school board to 
2carry a firearm shall receive additional training on dealing 
3with children.




4 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)


5 Sec. 34-18. Powers of the board. The board shall exercise 
6general
supervision and jurisdiction over the public education 
7and the public
school system of the city, and, except as 
8otherwise provided by this
Article, shall have power:

9  1. To make suitable provision for the establishment and 
10 maintenance
throughout the year or for such portion thereof 
11 as it may direct, not
less than 9 months, of schools of all 
12 grades and kinds, including normal
schools, high schools, 
13 night schools, schools for defectives and
delinquents, 
14 parental and truant schools, schools for the blind, the

15 deaf and persons with physical disabilities, schools or 
16 classes in manual training,
constructural and vocational 
17 teaching, domestic arts and physical
culture, vocation and 
18 extension schools and lecture courses, and all
other 
19 educational courses and facilities, including 
20 establishing,
equipping, maintaining and operating 
21 playgrounds and recreational
programs, when such programs 
22 are conducted in, adjacent to, or connected
with any public 
23 school under the general supervision and jurisdiction
of 
24 the board; provided that the calendar for the school term 
25 and any changes must be submitted to and approved by the 
 
 
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1 State Board of Education before the calendar or changes may 
2 take effect, and provided that in allocating funds
from 
3 year to year for the operation of all attendance centers 
4 within the
district, the board shall ensure that 
5 supplemental general State aid or supplemental grant funds

6 are allocated and applied in accordance with Section 18-8, 
7 18-8.05, or 18-8.15. To
admit to such
schools without 
8 charge foreign exchange students who are participants in
an 
9 organized exchange student program which is authorized by 
10 the board.
The board shall permit all students to enroll in 
11 apprenticeship programs
in trade schools operated by the 
12 board, whether those programs are
union-sponsored or not. 
13 No student shall be refused admission into or
be excluded 
14 from any course of instruction offered in the common 
15 schools
by reason of that student's sex. No student shall 
16 be denied equal
access to physical education and 
17 interscholastic athletic programs
supported from school 
18 district funds or denied participation in
comparable 
19 physical education and athletic programs solely by reason 
20 of
the student's sex. Equal access to programs supported 
21 from school
district funds and comparable programs will be 
22 defined in rules
promulgated by the State Board of 
23 Education in
consultation with the Illinois High School 
24 Association.
Notwithstanding any other provision of this 
25 Article, neither the board
of education nor any local 
26 school council or other school official shall
recommend 
 
 
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1 that children with disabilities be placed into regular 
2 education
classrooms unless those children with 
3 disabilities are provided with
supplementary services to 
4 assist them so that they benefit from the regular
classroom 
5 instruction and are included on the teacher's regular 
6 education
class register;

7  2. To furnish lunches to pupils, to make a reasonable 
8 charge
therefor, and to use school funds for the payment of 
9 such expenses as
the board may determine are necessary in 
10 conducting the school lunch
program;

11  3. To co-operate with the circuit court;

12  4. To make arrangements with the public or quasi-public 
13 libraries
and museums for the use of their facilities by 
14 teachers and pupils of
the public schools;

15  5. To employ dentists and prescribe their duties for 
16 the purpose of
treating the pupils in the schools, but 
17 accepting such treatment shall
be optional with parents or 
18 guardians;

19  6. To grant the use of assembly halls and classrooms 
20 when not
otherwise needed, including light, heat, and 
21 attendants, for free public
lectures, concerts, and other 
22 educational and social interests, free of
charge, under 
23 such provisions and control as the principal of the

24 affected attendance center may prescribe;

25  7. To apportion the pupils to the several schools; 
26 provided that no pupil
shall be excluded from or segregated 
 
 
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1 in any such school on account of his
color, race, sex, or 
2 nationality. The board shall take into consideration
the 
3 prevention of segregation and the elimination of 
4 separation of children
in public schools because of color, 
5 race, sex, or nationality. Except that
children may be 
6 committed to or attend parental and social adjustment 
7 schools
established and maintained either for boys or girls 
8 only. All records
pertaining to the creation, alteration or 
9 revision of attendance areas shall
be open to the public. 
10 Nothing herein shall limit the board's authority to

11 establish multi-area attendance centers or other student 
12 assignment systems
for desegregation purposes or 
13 otherwise, and to apportion the pupils to the
several 
14 schools. Furthermore, beginning in school year 1994-95, 
15 pursuant
to a board plan adopted by October 1, 1993, the 
16 board shall offer, commencing
on a phased-in basis, the 
17 opportunity for families within the school
district to 
18 apply for enrollment of their children in any attendance 
19 center
within the school district which does not have 
20 selective admission
requirements approved by the board. 
21 The appropriate geographical area in
which such open 
22 enrollment may be exercised shall be determined by the

23 board of education. Such children may be admitted to any 
24 such attendance
center on a space available basis after all 
25 children residing within such
attendance center's area 
26 have been accommodated. If the number of
applicants from 
 
 
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1 outside the attendance area exceed the space available,

2 then successful applicants shall be selected by lottery. 
3 The board of
education's open enrollment plan must include 
4 provisions that allow low
income students to have access to 
5 transportation needed to exercise school
choice. Open 
6 enrollment shall be in compliance with the provisions of 
7 the
Consent Decree and Desegregation Plan cited in Section 
8 34-1.01;

9  8. To approve programs and policies for providing 
10 transportation
services to students. Nothing herein shall 
11 be construed to permit or empower
the State Board of 
12 Education to order, mandate, or require busing or other

13 transportation of pupils for the purpose of achieving 
14 racial balance in any
school;

15  9. Subject to the limitations in this Article, to 
16 establish and
approve system-wide curriculum objectives 
17 and standards, including graduation
standards, which 
18 reflect the
multi-cultural diversity in the city and are 
19 consistent with State law,
provided that for all purposes 
20 of this Article courses or
proficiency in American Sign 
21 Language shall be deemed to constitute courses
or 
22 proficiency in a foreign language; and to employ principals 
23 and teachers,
appointed as provided in this
Article, and 
24 fix their compensation. The board shall prepare such 
25 reports
related to minimal competency testing as may be 
26 requested by the State
Board of Education, and in addition 
 
 
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1 shall monitor and approve special
education and bilingual 
2 education programs and policies within the district to

3 assure that appropriate services are provided in 
4 accordance with applicable
State and federal laws to 
5 children requiring services and education in those
areas;

6  10. To employ non-teaching personnel or utilize 
7 volunteer personnel
for: (i) non-teaching duties not 
8 requiring instructional judgment or
evaluation of pupils, 
9 including library duties; and (ii) supervising study

10 halls, long distance teaching reception areas used 
11 incident to instructional
programs transmitted by 
12 electronic media such as computers, video, and audio,

13 detention and discipline areas, and school-sponsored 
14 extracurricular
activities. The board may further utilize 
15 volunteer non-certificated
personnel or employ 
16 non-certificated personnel to
assist in the instruction of 
17 pupils under the immediate supervision of a
teacher holding 
18 a valid certificate, directly engaged in teaching
subject 
19 matter or conducting activities; provided that the teacher

20 shall be continuously aware of the non-certificated 
21 persons' activities and
shall be able to control or modify 
22 them. The general superintendent shall
determine 
23 qualifications of such personnel and shall prescribe rules 
24 for
determining the duties and activities to be assigned to 
25 such personnel;

26  10.5. To utilize volunteer personnel from a regional 
 
 
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1 School Crisis
Assistance Team (S.C.A.T.), created as part 
2 of the Safe to Learn Program
established pursuant to 
3 Section 25 of the Illinois Violence Prevention Act
of 1995, 
4 to provide assistance to schools in times of violence or 
5 other
traumatic incidents within a school community by 
6 providing crisis
intervention services to lessen the 
7 effects of emotional trauma on
individuals and the 
8 community; the School Crisis Assistance Team
Steering 
9 Committee shall determine the qualifications for 
10 volunteers;

11  11. To provide television studio facilities in not to 
12 exceed one
school building and to provide programs for 
13 educational purposes,
provided, however, that the board 
14 shall not construct, acquire, operate,
or maintain a 
15 television transmitter; to grant the use of its studio

16 facilities to a licensed television station located in the 
17 school
district; and to maintain and operate not to exceed 
18 one school radio
transmitting station and provide programs 
19 for educational purposes;

20  12. To offer, if deemed appropriate, outdoor education 
21 courses,
including field trips within the State of 
22 Illinois, or adjacent states,
and to use school educational 
23 funds for the expense of the said outdoor
educational 
24 programs, whether within the school district or not;

25  13. During that period of the calendar year not 
26 embraced within the
regular school term, to provide and 
 
 
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1 conduct courses in subject matters
normally embraced in the 
2 program of the schools during the regular
school term and 
3 to give regular school credit for satisfactory
completion 
4 by the student of such courses as may be approved for 
5 credit
by the State Board of Education;

6  14. To insure against any loss or liability of the 
7 board,
the former School Board Nominating Commission, 
8 Local School Councils, the
Chicago Schools Academic 
9 Accountability Council, or the former Subdistrict
Councils 
10 or of any member, officer, agent or employee thereof, 
11 resulting
from alleged violations of civil rights arising 
12 from incidents occurring on
or after September 5, 1967 or 
13 from the wrongful or negligent act or
omission of any such 
14 person whether occurring within or without the school

15 premises, provided the officer, agent or employee was, at 
16 the time of the
alleged violation of civil rights or 
17 wrongful act or omission, acting
within the scope of his 
18 employment or under direction of the board, the
former 
19 School
Board Nominating Commission, the Chicago Schools 
20 Academic Accountability
Council, Local School Councils, or 
21 the former Subdistrict Councils;
and to provide for or 
22 participate in insurance plans for its officers and

23 employees, including but not limited to retirement 
24 annuities, medical,
surgical and hospitalization benefits 
25 in such types and amounts as may be
determined by the 
26 board; provided, however, that the board shall contract
for 
 
 
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1 such insurance only with an insurance company authorized to 
2 do business
in this State. Such insurance may include 
3 provision for employees who rely
on treatment by prayer or 
4 spiritual means alone for healing, in accordance
with the 
5 tenets and practice of a recognized religious 
6 denomination;

7  15. To contract with the corporate authorities of any 
8 municipality
or the county board of any county, as the case 
9 may be, to provide for
the regulation of traffic in parking 
10 areas of property used for school
purposes, in such manner 
11 as is provided by Section 11-209 of The
Illinois Vehicle 
12 Code, approved September 29, 1969, as amended;

13  16. (a) To provide, on an equal basis, access to a high

14 school campus and student directory information to the

15 official recruiting representatives of the armed forces of 
16 Illinois and
the United States for the purposes of 
17 informing students of the educational
and career 
18 opportunities available in the military if the board has 
19 provided
such access to persons or groups whose purpose is 
20 to acquaint students with
educational or occupational 
21 opportunities available to them. The board
is not required 
22 to give greater notice regarding the right of access to

23 recruiting representatives than is given to other persons 
24 and groups. In
this paragraph 16, "directory information" 
25 means a high school
student's name, address, and telephone 
26 number.

 
 
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1  (b) If a student or his or her parent or guardian 
2 submits a signed,
written request to the high school before 
3 the end of the student's sophomore
year (or if the student 
4 is a transfer student, by another time set by
the high 
5 school) that indicates that the student or his or her 
6 parent or
guardian does
not want the student's directory 
7 information to be provided to official
recruiting 
8 representatives under subsection (a) of this Section, the 
9 high
school may not provide access to the student's 
10 directory information to
these recruiting representatives. 
11 The high school shall notify its
students and their parents 
12 or guardians of the provisions of this
subsection (b).

13  (c) A high school may require official recruiting 
14 representatives of
the armed forces of Illinois and the 
15 United States to pay a fee for copying
and mailing a 
16 student's directory information in an amount that is not

17 more than the actual costs incurred by the high school.

18  (d) Information received by an official recruiting 
19 representative
under this Section may be used only to 
20 provide information to students
concerning educational and 
21 career opportunities available in the military
and may not 
22 be released to a person who is not involved in recruiting

23 students for the armed forces of Illinois or the United 
24 States;

25  17. (a) To sell or market any computer program 
26 developed by an employee
of the school district, provided 
 
 
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1 that such employee developed the computer
program as a 
2 direct result of his or her duties with the school district

3 or through the utilization of the school district resources 
4 or facilities.
The employee who developed the computer 
5 program shall be entitled to share
in the proceeds of such 
6 sale or marketing of the computer program. The
distribution 
7 of such proceeds between the employee and the school 
8 district
shall be as agreed upon by the employee and the 
9 school district, except
that neither the employee nor the 
10 school district may receive more than 90%
of such proceeds. 
11 The negotiation for an employee who is represented by an

12 exclusive bargaining representative may be conducted by 
13 such bargaining
representative at the employee's request.

14  (b) For the purpose of this paragraph 17:

15   (1) "Computer" means an internally programmed, 
16 general purpose digital
device capable of 
17 automatically accepting data, processing data and 
18 supplying
the results of the operation.

19   (2) "Computer program" means a series of coded 
20 instructions or
statements in a form acceptable to a 
21 computer, which causes the computer to
process data in 
22 order to achieve a certain result.

23   (3) "Proceeds" means profits derived from 
24 marketing or sale of a product
after deducting the 
25 expenses of developing and marketing such product;

26  18. To delegate to the general superintendent of

 
 
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1 schools, by resolution, the authority to approve contracts 
2 and expenditures
in amounts of $10,000 or less;

3  19. Upon the written request of an employee, to 
4 withhold from
the compensation of that employee any dues, 
5 payments or contributions
payable by such employee to any 
6 labor organization as defined in the
Illinois Educational 
7 Labor Relations Act. Under such arrangement, an
amount 
8 shall be withheld from each regular payroll period which is 
9 equal to
the pro rata share of the annual dues plus any 
10 payments or contributions,
and the board shall transmit 
11 such withholdings to the specified labor
organization 
12 within 10 working days from the time of the withholding;

13  19a. Upon receipt of notice from the comptroller of a 
14 municipality with
a population of 500,000 or more, a county 
15 with a population of 3,000,000 or
more, the Cook County 
16 Forest Preserve District, the Chicago Park District, the

17 Metropolitan Water Reclamation District, the Chicago 
18 Transit Authority, or
a housing authority of a municipality 
19 with a population of 500,000 or more
that a debt is due and 
20 owing the municipality, the county, the Cook County
Forest 
21 Preserve District, the Chicago Park District, the 
22 Metropolitan Water
Reclamation District, the Chicago 
23 Transit Authority, or the housing authority
by an employee 
24 of the Chicago Board of Education, to withhold, from the

25 compensation of that employee, the amount of the debt that 
26 is due and owing
and pay the amount withheld to the 
 
 
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1 municipality, the county, the Cook County
Forest Preserve 
2 District, the Chicago Park District, the Metropolitan 
3 Water
Reclamation District, the Chicago Transit Authority, 
4 or the housing authority;
provided, however, that the 
5 amount
deducted from any one salary or wage payment shall 
6 not exceed 25% of the net
amount of the payment. Before the 
7 Board deducts any amount from any salary or
wage of an 
8 employee under this paragraph, the municipality, the 
9 county, the
Cook County Forest Preserve District, the 
10 Chicago Park District, the
Metropolitan Water Reclamation 
11 District, the Chicago Transit Authority, or the
housing 
12 authority shall certify that (i) the employee has been 
13 afforded an
opportunity for a hearing to dispute the debt 
14 that is due and owing the
municipality, the county, the 
15 Cook County Forest Preserve District, the Chicago
Park 
16 District, the Metropolitan Water Reclamation District, the 
17 Chicago Transit
Authority, or the housing authority and 
18 (ii) the employee has received notice
of a wage deduction 
19 order and has been afforded an opportunity for a hearing to

20 object to the order. For purposes of this paragraph, "net 
21 amount" means that
part of the salary or wage payment 
22 remaining after the deduction of any amounts
required by 
23 law to be deducted and "debt due and owing" means (i) a 
24 specified
sum of money owed to the municipality, the 
25 county, the Cook County Forest
Preserve District, the 
26 Chicago Park District, the Metropolitan Water
Reclamation 
 
 
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1 District, the Chicago Transit Authority, or the housing 
2 authority
for services, work, or goods, after the period 
3 granted for payment has expired,
or (ii) a specified sum of 
4 money owed to the municipality, the county, the Cook
County 
5 Forest Preserve District, the Chicago Park District, the 
6 Metropolitan
Water Reclamation District, the Chicago 
7 Transit Authority, or the housing
authority pursuant to a 
8 court order or order of an administrative hearing
officer 
9 after the exhaustion of, or the failure to exhaust, 
10 judicial review;

11  20. The board is encouraged to employ a sufficient 
12 number of
certified school counselors to maintain a 
13 student/counselor ratio of 250 to
1 by July 1, 1990. Each 
14 counselor shall spend at least 75% of his work
time in 
15 direct contact with students and shall maintain a record of 
16 such time;

17  21. To make available to students vocational and career

18 counseling and to establish 5 special career counseling 
19 days for students
and parents. On these days 
20 representatives of local businesses and
industries shall 
21 be invited to the school campus and shall inform students

22 of career opportunities available to them in the various 
23 businesses and
industries. Special consideration shall be 
24 given to counseling minority
students as to career 
25 opportunities available to them in various fields.
For the 
26 purposes of this paragraph, minority student means a person 
 
 
SB3609- 16 -LRB100 21871 RLC 39689 b


1 who is any of the following:

2  (a) American Indian or Alaska Native (a person having 
3 origins in any of the original peoples of North and South 
4 America, including Central America, and who maintains 
5 tribal affiliation or community attachment).
6  (b) Asian (a person having origins in any of the 
7 original peoples of the Far East, Southeast Asia, or the 
8 Indian subcontinent, including, but not limited to, 
9 Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, 
10 the Philippine Islands, Thailand, and Vietnam).
11  (c) Black or African American (a person having origins 
12 in any of the black racial groups of Africa). Terms such as 
13 "Haitian" or "Negro" can be used in addition to "Black or 
14 African American".
15  (d) Hispanic or Latino (a person of Cuban, Mexican, 
16 Puerto Rican, South or Central American, or other Spanish 
17 culture or origin, regardless of race).
18  (e) Native Hawaiian or Other Pacific Islander (a person 
19 having origins in any of the original peoples of Hawaii, 
20 Guam, Samoa, or other Pacific Islands).

21  Counseling days shall not be in lieu of regular school 
22 days;

23  22. To report to the State Board of Education the 
24 annual
student dropout rate and number of students who 
25 graduate from, transfer
from or otherwise leave bilingual 
26 programs;

 
 
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1  23. Except as otherwise provided in the Abused and 
2 Neglected Child
Reporting Act or other applicable State or 
3 federal law, to permit school
officials to withhold, from 
4 any person, information on the whereabouts of
any child 
5 removed from school premises when the child has been taken 
6 into
protective custody as a victim of suspected child 
7 abuse. School officials
shall direct such person to the 
8 Department of Children and Family Services,
or to the local 
9 law enforcement agency if appropriate;

10  24. To develop a policy, based on the current state of 
11 existing school
facilities, projected enrollment and 
12 efficient utilization of available
resources, for capital 
13 improvement of schools and school buildings within
the 
14 district, addressing in that policy both the relative 
15 priority for
major repairs, renovations and additions to 
16 school facilities, and the
advisability or necessity of 
17 building new school facilities or closing
existing schools 
18 to meet current or projected demographic patterns within

19 the district;

20  25. To make available to the students in every high 
21 school attendance
center the ability to take all courses 
22 necessary to comply with the Board
of Higher Education's 
23 college entrance criteria effective in 1993;

24  26. To encourage mid-career changes into the teaching 
25 profession,
whereby qualified professionals become 
26 certified teachers, by allowing
credit for professional 
 
 
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1 employment in related fields when determining point
of 
2 entry on teacher pay scale;

3  27. To provide or contract out training programs for 
4 administrative
personnel and principals with revised or 
5 expanded duties pursuant to this
Act in order to assure 
6 they have the knowledge and skills to perform
their duties;

7  28. To establish a fund for the prioritized special 
8 needs programs, and
to allocate such funds and other lump 
9 sum amounts to each attendance center
in a manner 
10 consistent with the provisions of part 4 of Section 34-2.3.

11 Nothing in this paragraph shall be construed to require any 
12 additional
appropriations of State funds for this purpose;

13  29. (Blank);

14  30. Notwithstanding any other provision of this Act or 
15 any other law to
the contrary, to contract with third 
16 parties for services otherwise performed
by employees, 
17 including those in a bargaining unit, and to layoff those

18 employees upon 14 days written notice to the affected 
19 employees. Those
contracts may be for a period not to 
20 exceed 5 years and may be awarded on a
system-wide basis. 
21 The board may not operate more than 30 contract schools, 
22 provided that the board may operate an additional 5 
23 contract turnaround schools pursuant to item (5.5) of 
24 subsection (d) of Section 34-8.3 of this Code;

25  31. To promulgate rules establishing procedures 
26 governing the layoff or
reduction in force of employees and 
 
 
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1 the recall of such employees, including,
but not limited 
2 to, criteria for such layoffs, reductions in force or 
3 recall
rights of such employees and the weight to be given 
4 to any particular
criterion. Such criteria shall take into 
5 account factors including, but not be
limited to, 
6 qualifications, certifications, experience, performance 
7 ratings or
evaluations, and any other factors relating to 
8 an employee's job performance;

9  32. To develop a policy to prevent nepotism in the 
10 hiring of personnel
or the selection of contractors;

11  33. To enter into a partnership agreement, as required 
12 by
Section 34-3.5 of this Code, and, notwithstanding any 
13 other
provision of law to the contrary, to promulgate 
14 policies, enter into
contracts, and take any other action 
15 necessary to accomplish the
objectives and implement the 
16 requirements of that agreement; and

17  34. To establish a Labor Management Council to the 
18 board
comprised of representatives of the board, the chief 
19 executive
officer, and those labor organizations that are 
20 the exclusive
representatives of employees of the board and 
21 to promulgate
policies and procedures for the operation of 
22 the Council.

23  35. To grant written permission to a person who has a 
24 Professional Educator License or an Educator
License with 
25 Stipulations
granted by the State Superintendent of 
26 Education under Article 21B of this Code, other qualified 
 
 
SB3609- 20 -LRB100 21871 RLC 39689 b


1 staff, or a qualified volunteer to carry a firearm if 
2 employed as
an educator, other qualified staff, or a 
3 qualified volunteer by the school district, while actually 
4 engaged in the performance of the duties of his or her 
5 employment. The
person must have undergone a psychiatric 
6 evaluation as determined by the board and possess a valid 
7 license to carry
a concealed firearm in this State under 
8 the Firearm Concealed Carry Act. Notwithstanding any other

9 provisions of law, the school district may not require any 
10 educator, other qualified staff, or a qualified volunteer, 
11 as a condition of employment, to carry a firearm. The 
12 person permitted by the board to carry a firearm shall 
13 receive additional training on dealing with children. 
14 The specifications of the powers herein granted are not to 
15be
construed as exclusive but the board shall also exercise all 
16other
powers that they may be requisite or proper for the 
17maintenance and the
development of a public school system, not 
18inconsistent with the other
provisions of this Article or 
19provisions of this Code which apply to all
school districts.

20 In addition to the powers herein granted and authorized to 
21be exercised
by the board, it shall be the duty of the board to 
22review or to direct
independent reviews of special education 
23expenditures and services.
The board shall file a report of 
24such review with the General Assembly on
or before May 1, 1990.

25(Source: P.A. 99-143, eff. 7-27-15; 100-465, eff. 8-31-17.)


 
 
SB3609- 21 -LRB100 21871 RLC 39689 b


1 Section 10. The Criminal Code of 2012 is amended by 
2changing Section 24-2 as follows:


3 (720 ILCS 5/24-2)



4 Sec. 24-2. Exemptions. 

5 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
624-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
7the following:

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

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

12 penitentiaries, jails and other institutions for the 
13 detention of persons
accused or convicted of an offense, 
14 while in the performance of their
official duty, or while 
15 commuting between their homes and places of employment.

16  (3) Members of the Armed Services or Reserve Forces of 
17 the United States
or the Illinois National Guard or the 
18 Reserve Officers Training Corps,
while in the performance 
19 of their official duty.

20  (4) Special agents employed by a railroad or a public 
21 utility to
perform police functions, and guards of armored 
22 car companies, while
actually engaged in the performance of 
23 the duties of their employment or
commuting between their 
24 homes and places of employment; and watchmen
while actually 
25 engaged in the performance of the duties of their 
 
 
SB3609- 22 -LRB100 21871 RLC 39689 b


1 employment.

2  (5) Persons licensed as private security contractors, 
3 private
detectives, or private alarm contractors, or 
4 employed by a private security contractor, private 
5 detective, or private alarm contractor agency licensed
by 
6 the Department of Financial and Professional Regulation, 
7 if their duties
include the carrying of a weapon under the 
8 provisions of the Private
Detective, Private Alarm,

9 Private Security, Fingerprint Vendor, and Locksmith Act of 
10 2004,
while actually
engaged in the performance of the 
11 duties of their employment or commuting
between their homes 
12 and places of employment. A person shall be considered 
13 eligible for this
exemption if he or she has completed the 
14 required 20
hours of training for a private security 
15 contractor, private
detective, or private alarm 
16 contractor, or employee of a licensed private security 
17 contractor, private detective, or private alarm contractor 
18 agency and 20 hours of required firearm
training, and has 
19 been issued a firearm control card by
the Department of 
20 Financial and Professional Regulation. Conditions for the 
21 renewal of
firearm control cards issued under the 
22 provisions of this Section
shall be the same as for those 
23 cards issued under the provisions of the
Private Detective, 
24 Private Alarm,
Private Security, Fingerprint Vendor, and 
25 Locksmith Act of 2004. The
firearm control card shall be 
26 carried by the private security contractor, private

 
 
SB3609- 23 -LRB100 21871 RLC 39689 b


1 detective, or private alarm contractor, or employee of the 
2 licensed private security contractor, private detective, 
3 or private alarm contractor agency at all
times when he or 
4 she is in possession of a concealable weapon permitted by 
5 his or her firearm control card.

6  (6) Any person regularly employed in a commercial or 
7 industrial
operation as a security guard for the protection 
8 of persons employed
and private property related to such 
9 commercial or industrial
operation, while actually engaged 
10 in the performance of his or her
duty or traveling between 
11 sites or properties belonging to the
employer, and who, as 
12 a security guard, is a member of a security force 
13 registered with the Department of Financial and 
14 Professional
Regulation; provided that such security guard 
15 has successfully completed a
course of study, approved by 
16 and supervised by the Department of
Financial and 
17 Professional Regulation, consisting of not less than 40 
18 hours of training
that includes the theory of law 
19 enforcement, liability for acts, and the
handling of 
20 weapons. A person shall be considered eligible for this

21 exemption if he or she has completed the required 20
hours 
22 of training for a security officer and 20 hours of required 
23 firearm
training, and has been issued a firearm control 
24 card by
the Department of Financial and Professional 
25 Regulation. Conditions for the renewal of
firearm control 
26 cards issued under the provisions of this Section
shall be 
 
 
SB3609- 24 -LRB100 21871 RLC 39689 b


1 the same as for those cards issued under the provisions of 
2 the
Private Detective, Private Alarm,
Private Security, 
3 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
4 control card shall be carried by the security guard at all

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

7  (7) Agents and investigators of the Illinois 
8 Legislative Investigating
Commission authorized by the 
9 Commission to carry the weapons specified in
subsections 
10 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

11 any investigation for the Commission.

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

15 actually engaged in the performance of their duties, 
16 commuting between
their homes and places of employment, or 
17 traveling between sites or
properties owned or operated by 
18 such financial institution, and who, as a security guard, 
19 is a member of a security force registered with the 
20 Department; provided that
any person so employed has 
21 successfully completed a course of study,
approved by and 
22 supervised by the Department of Financial and Professional 
23 Regulation,
consisting of not less than 40 hours of 
24 training which includes theory of
law enforcement, 
25 liability for acts, and the handling of weapons.
A person 
26 shall be considered to be eligible for this exemption if he 
 
 
SB3609- 25 -LRB100 21871 RLC 39689 b


1 or
she has completed the required 20 hours of training for 
2 a security officer
and 20 hours of required firearm 
3 training, and has been issued a
firearm control card by the 
4 Department of Financial and Professional Regulation.

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

15 armored car services.

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

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

21  (11) Investigators of the Office of the State's 
22 Attorneys Appellate
Prosecutor authorized by the board of 
23 governors of the Office of the
State's Attorneys Appellate 
24 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
25 State's Attorneys Appellate Prosecutor's Act.

26  (12) Special investigators appointed by a State's 
 
 
SB3609- 26 -LRB100 21871 RLC 39689 b


1 Attorney under
Section 3-9005 of the Counties Code.

2  (12.5) Probation officers while in the performance of 
3 their duties, or
while commuting between their homes, 
4 places of employment or specific locations
that are part of 
5 their assigned duties, with the consent of the chief judge 
6 of
the circuit for which they are employed, if they have 
7 received weapons training according
to requirements of the 
8 Peace Officer and Probation Officer Firearm Training Act.

9  (13) Court Security Officers while in the performance 
10 of their official
duties, or while commuting between their 
11 homes and places of employment, with
the
consent of the 
12 Sheriff.

13  (13.5) A person employed as an armed security guard at 
14 a nuclear energy,
storage, weapons or development site or 
15 facility regulated by the Nuclear
Regulatory Commission 
16 who has completed the background screening and training

17 mandated by the rules and regulations of the Nuclear 
18 Regulatory Commission.

19  (14) Manufacture, transportation, or sale of weapons 
20 to
persons
authorized under subdivisions (1) through 
21 (13.5) of this
subsection
to
possess those weapons.

22 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
23to
or affect any person carrying a concealed pistol, revolver, 
24or handgun and the person has been issued a currently valid 
25license under the Firearm Concealed Carry Act at the time of 
26the commission of the offense. 
 
 
SB3609- 27 -LRB100 21871 RLC 39689 b


1 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
224-1.6 do not
apply to or affect
any of the following:

3  (1) Members of any club or organization organized for 
4 the purpose of
practicing shooting at targets upon 
5 established target ranges, whether
public or private, and 
6 patrons of such ranges, while such members
or patrons are 
7 using their firearms on those target ranges.

8  (2) Duly authorized military or civil organizations 
9 while parading,
with the special permission of the 
10 Governor.

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

12 permit while engaged in hunting,
trapping or fishing.

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

14 non-functioning state or are not immediately accessible.

15  (5) Carrying or possessing any pistol, revolver, stun 
16 gun or taser or other firearm on the land or in the legal 
17 dwelling of another person as an invitee with that person's 
18 permission. 
19  (6) With written permission of the school board, a 
20 person who has a Professional Educator License or an 
21 Educator
License with Stipulations
granted by the State 
22 Superintendent of Education under Article 21B of the School 
23 Code, other qualified staff, or a qualified volunteer 
24 carrying a firearm if employed as
an educator, other 
25 qualified staff, or a qualified volunteer by a school 
26 district, while actually engaged in the performance of the 
 
 
SB3609- 28 -LRB100 21871 RLC 39689 b


1 duties of his or her employment. The
person must have 
2 undergone a psychiatric evaluation as determined by the 
3 school board and possess a valid license to carry
a 
4 concealed firearm in this State under the Firearm Concealed 
5 Carry Act. Notwithstanding any other
provisions of law, a 
6 school district may not require any educator, other 
7 qualified staff, or a qualified volunteer, as a condition 
8 of employment, to carry a firearm as
authorized under this 
9 paragraph (6). The person permitted by the school board to 
10 carry a firearm shall receive additional training on 
11 dealing with children. 
12 (c) Subsection 24-1(a)(7) does not apply to or affect any 
13of the
following:

14  (1) Peace officers while in performance of their 
15 official duties.

16  (2) Wardens, superintendents and keepers of prisons, 
17 penitentiaries,
jails and other institutions for the 
18 detention of persons accused or
convicted of an offense.

19  (3) 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  (4) Manufacture, transportation, or sale of machine 
23 guns to persons
authorized under subdivisions (1) through 
24 (3) of this subsection to
possess machine guns, if the 
25 machine guns are broken down in a
non-functioning state or 
26 are not immediately accessible.

 
 
SB3609- 29 -LRB100 21871 RLC 39689 b


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

7 scope of such business, such as the manufacture, 
8 transportation, or testing
of such weapons or ammunition. 
9 This exemption does not authorize the
general private 
10 possession of any weapon from which 8 or more
shots or 
11 bullets can be discharged by a single function of the 
12 firing
device, but only such possession and activities as 
13 are within the lawful
scope of a licensed manufacturing 
14 business described in this paragraph.

15  During transportation, such weapons shall be broken 
16 down in a
non-functioning state or not immediately 
17 accessible.

18  (6) The manufacture, transport, testing, delivery, 
19 transfer or sale,
and all lawful commercial or experimental 
20 activities necessary thereto, of
rifles, shotguns, and 
21 weapons made from rifles or shotguns,
or ammunition for 
22 such rifles, shotguns or weapons, where engaged in
by a 
23 person operating as a contractor or subcontractor pursuant 
24 to a
contract or subcontract for the development and supply 
25 of such rifles,
shotguns, weapons or ammunition to the 
26 United States government or any
branch of the Armed Forces 
 
 
SB3609- 30 -LRB100 21871 RLC 39689 b


1 of the United States, when such activities are
necessary 
2 and incident to fulfilling the terms of such contract.

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

4 shall also apply to any authorized agent of any such 
5 contractor or
subcontractor who is operating within the 
6 scope of his employment, where
such activities involving 
7 such weapon, weapons or ammunition are necessary
and 
8 incident to fulfilling the terms of such contract.

9  (7) A person possessing a rifle with a barrel or 
10 barrels less than 16 inches in length if: (A) the person 
11 has been issued a Curios and Relics license from the U.S. 
12 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) 
13 the person is an active member of a bona fide, nationally 
14 recognized military re-enacting group and the modification 
15 is required and necessary to accurately portray the weapon 
16 for historical re-enactment purposes; the re-enactor is in 
17 possession of a valid and current re-enacting group 
18 membership credential; and the overall length of the weapon 
19 as modified is not less than 26 inches.
20 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
21possession
or carrying of a black-jack or slung-shot by a peace 
22officer.

23 (e) Subsection 24-1(a)(8) does not apply to any owner, 
24manager or
authorized employee of any place specified in that 
25subsection nor to any
law enforcement officer.

26 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
 
 
SB3609- 31 -LRB100 21871 RLC 39689 b


1Section 24-1.6
do not apply
to members of any club or 
2organization organized for the purpose of practicing
shooting 
3at targets upon established target ranges, whether public or 
4private,
while using their firearms on those target ranges.

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

7  (1) 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  (2) Bonafide collectors of antique or surplus military 
11 ordnance.

12  (3) Laboratories having a department of forensic 
13 ballistics, or
specializing in the development of 
14 ammunition or explosive ordnance.

15  (4) Commerce, preparation, assembly or possession of 
16 explosive
bullets by manufacturers of ammunition licensed 
17 by the federal government,
in connection with the supply of 
18 those organizations and persons exempted
by subdivision 
19 (g)(1) of this Section, or like organizations and persons

20 outside this State, or the transportation of explosive 
21 bullets to any
organization or person exempted in this 
22 Section by a common carrier or by a
vehicle owned or leased 
23 by an exempted manufacturer.

24 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
25persons licensed
under federal law to manufacture any device or 
26attachment of any kind designed,
used, or intended for use in 
 
 
SB3609- 32 -LRB100 21871 RLC 39689 b


1silencing the report of any firearm, firearms, or
ammunition

2for those firearms equipped with those devices, and actually 
3engaged in the
business of manufacturing those devices, 
4firearms, or ammunition, but only with
respect to
activities 
5that are within the lawful scope of that business, such as the

6manufacture, transportation, or testing of those devices, 
7firearms, or
ammunition. This
exemption does not authorize the 
8general private possession of any device or
attachment of any 
9kind designed, used, or intended for use in silencing the

10report of any firearm, but only such possession and activities 
11as are within
the
lawful scope of a licensed manufacturing 
12business described in this subsection
(g-5). During 
13transportation, these devices shall be detached from any weapon

14or
not immediately accessible.

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

1624-1.6 do not apply to
or affect any parole agent or parole 
17supervisor who meets the qualifications and conditions 
18prescribed in Section 3-14-1.5 of the Unified Code of 
19Corrections. 
20 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
21officer while serving as a member of a tactical response team 
22or special operations team. A peace officer may not personally 
23own or apply for ownership of a device or attachment of any 
24kind designed, used, or intended for use in silencing the 
25report of any firearm. These devices shall be owned and 
26maintained by lawfully recognized units of government whose 
 
 
SB3609- 33 -LRB100 21871 RLC 39689 b


1duties include the investigation of criminal acts.
2 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
324-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
4athlete's possession, transport on official Olympic and 
5Paralympic transit systems established for athletes, or use of 
6competition firearms sanctioned by the International Olympic 
7Committee, the International Paralympic Committee, the 
8International Shooting Sport Federation, or USA Shooting in 
9connection with such athlete's training for and participation 
10in shooting competitions at the 2016 Olympic and Paralympic 
11Games and sanctioned test events leading up to the 2016 Olympic 
12and Paralympic Games. 
13 (h) An information or indictment based upon a violation of 
14any
subsection of this Article need not negative any exemptions 
15contained in
this Article. The defendant shall have the burden 
16of proving such an
exemption.

17 (i) Nothing in this Article shall prohibit, apply to, or 
18affect
the transportation, carrying, or possession, of any 
19pistol or revolver,
stun gun, taser, or other firearm consigned 
20to a common carrier operating
under license of the State of 
21Illinois or the federal government, where
such transportation, 
22carrying, or possession is incident to the lawful

23transportation in which such common carrier is engaged; and 
24nothing in this
Article shall prohibit, apply to, or affect the 
25transportation, carrying,
or possession of any pistol, 
26revolver, stun gun, taser, or other firearm,
not the subject of 
 
 
SB3609- 34 -LRB100 21871 RLC 39689 b


1and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
2this Article, which is unloaded and enclosed in a case, firearm

3carrying box, shipping box, or other container, by the 
4possessor of a valid
Firearm Owners Identification Card.

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


6 Section 99. Effective date. This Act takes effect upon 
7becoming law.