103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4304
 
Introduced , by Rep. Paul Jacobs
 
SYNOPSIS AS INTRODUCED:

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


LRB103 35638 RLC 65713 b


 
 
A BILL FOR
 
HB4304LRB103 35638 RLC 65713 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 3. The Open Meetings Act is amended by changing 
5Section 2 as follows:

6 (5 ILCS 120/2) (from Ch. 102, par. 42)
7 Sec. 2. Open meetings. 
8 (a) Openness required. All meetings of public bodies shall 
9be open to the public unless excepted in subsection (c) and 
10closed in accordance with Section 2a.
11 (b) Construction of exceptions. The exceptions contained 
12in subsection (c) are in derogation of the requirement that 
13public bodies meet in the open, and therefore, the exceptions 
14are to be strictly construed, extending only to subjects 
15clearly within their scope. The exceptions authorize but do 
16not require the holding of a closed meeting to discuss a 
17subject included within an enumerated exception.
18 (c) Exceptions. A public body may hold closed meetings to 
19consider the following subjects:
20  (1) The appointment, employment, compensation, 
21 discipline, performance, or dismissal of specific 
22 employees, specific individuals who serve as independent 
23 contractors in a park, recreational, or educational 
 
 
HB4304- 2 -LRB103 35638 RLC 65713 b


1 setting, or specific volunteers of the public body or 
2 legal counsel for the public body, including hearing 
3 testimony on a complaint lodged against an employee, a 
4 specific individual who serves as an independent 
5 contractor in a park, recreational, or educational 
6 setting, or a volunteer of the public body or against 
7 legal counsel for the public body to determine its 
8 validity. However, a meeting to consider an increase in 
9 compensation to a specific employee of a public body that 
10 is subject to the Local Government Wage Increase 
11 Transparency Act may not be closed and shall be open to the 
12 public and posted and held in accordance with this Act.
13  (2) Collective negotiating matters between the public 
14 body and its employees or their representatives, or 
15 deliberations concerning salary schedules for one or more 
16 classes of employees.
17  (3) The selection of a person to fill a public office, 
18 as defined in this Act, including a vacancy in a public 
19 office, when the public body is given power to appoint 
20 under law or ordinance, or the discipline, performance or 
21 removal of the occupant of a public office, when the 
22 public body is given power to remove the occupant under 
23 law or ordinance. 
24  (4) Evidence or testimony presented in open hearing, 
25 or in closed hearing where specifically authorized by law, 
26 to a quasi-adjudicative body, as defined in this Act, 
 
 
HB4304- 3 -LRB103 35638 RLC 65713 b


1 provided that the body prepares and makes available for 
2 public inspection a written decision setting forth its 
3 determinative reasoning.
4  (4.5) Evidence or testimony presented to a school 
5 board regarding denial of admission to school events or 
6 property pursuant to Section 24-24 of the School Code, 
7 provided that the school board prepares and makes 
8 available for public inspection a written decision setting 
9 forth its determinative reasoning. 
10  (5) The purchase or lease of real property for the use 
11 of the public body, including meetings held for the 
12 purpose of discussing whether a particular parcel should 
13 be acquired.
14  (6) The setting of a price for sale or lease of 
15 property owned by the public body.
16  (7) The sale or purchase of securities, investments, 
17 or investment contracts. This exception shall not apply to 
18 the investment of assets or income of funds deposited into 
19 the Illinois Prepaid Tuition Trust Fund. 
20  (8) Security procedures, school building safety and 
21 security, and the use of personnel and equipment to 
22 respond to an actual, a threatened, or a reasonably 
23 potential danger to the safety of employees, students, 
24 staff, the public, or public property.
25  (9) Student disciplinary cases.
26  (10) The placement of individual students in special 
 
 
HB4304- 4 -LRB103 35638 RLC 65713 b


1 education programs and other matters relating to 
2 individual students.
3  (11) Litigation, when an action against, affecting or 
4 on behalf of the particular public body has been filed and 
5 is pending before a court or administrative tribunal, or 
6 when the public body finds that an action is probable or 
7 imminent, in which case the basis for the finding shall be 
8 recorded and entered into the minutes of the closed 
9 meeting.
10  (12) The establishment of reserves or settlement of 
11 claims as provided in the Local Governmental and 
12 Governmental Employees Tort Immunity Act, if otherwise the 
13 disposition of a claim or potential claim might be 
14 prejudiced, or the review or discussion of claims, loss or 
15 risk management information, records, data, advice or 
16 communications from or with respect to any insurer of the 
17 public body or any intergovernmental risk management 
18 association or self insurance pool of which the public 
19 body is a member.
20  (13) Conciliation of complaints of discrimination in 
21 the sale or rental of housing, when closed meetings are 
22 authorized by the law or ordinance prescribing fair 
23 housing practices and creating a commission or 
24 administrative agency for their enforcement.
25  (14) Informant sources, the hiring or assignment of 
26 undercover personnel or equipment, or ongoing, prior or 
 
 
HB4304- 5 -LRB103 35638 RLC 65713 b


1 future criminal investigations, when discussed by a public 
2 body with criminal investigatory responsibilities.
3  (15) Professional ethics or performance when 
4 considered by an advisory body appointed to advise a 
5 licensing or regulatory agency on matters germane to the 
6 advisory body's field of competence.
7  (16) Self evaluation, practices and procedures or 
8 professional ethics, when meeting with a representative of 
9 a statewide association of which the public body is a 
10 member.
11  (17) The recruitment, credentialing, discipline or 
12 formal peer review of physicians or other health care 
13 professionals, or for the discussion of matters protected 
14 under the federal Patient Safety and Quality Improvement 
15 Act of 2005, and the regulations promulgated thereunder, 
16 including 42 C.F.R. Part 3 (73 FR 70732), or the federal 
17 Health Insurance Portability and Accountability Act of 
18 1996, and the regulations promulgated thereunder, 
19 including 45 C.F.R. Parts 160, 162, and 164, by a 
20 hospital, or other institution providing medical care, 
21 that is operated by the public body.
22  (18) Deliberations for decisions of the Prisoner 
23 Review Board.
24  (19) Review or discussion of applications received 
25 under the Experimental Organ Transplantation Procedures 
26 Act.
 
 
HB4304- 6 -LRB103 35638 RLC 65713 b


1  (20) The classification and discussion of matters 
2 classified as confidential or continued confidential by 
3 the State Government Suggestion Award Board.
4  (21) Discussion of minutes of meetings lawfully closed 
5 under this Act, whether for purposes of approval by the 
6 body of the minutes or semi-annual review of the minutes 
7 as mandated by Section 2.06.
8  (22) Deliberations for decisions of the State 
9 Emergency Medical Services Disciplinary Review Board.
10  (23) The operation by a municipality of a municipal 
11 utility or the operation of a municipal power agency or 
12 municipal natural gas agency when the discussion involves 
13 (i) contracts relating to the purchase, sale, or delivery 
14 of electricity or natural gas or (ii) the results or 
15 conclusions of load forecast studies.
16  (24) Meetings of a residential health care facility 
17 resident sexual assault and death review team or the 
18 Executive Council under the Abuse Prevention Review Team 
19 Act.
20  (25) Meetings of an independent team of experts under 
21 Brian's Law. 
22  (26) Meetings of a mortality review team appointed 
23 under the Department of Juvenile Justice Mortality Review 
24 Team Act. 
25  (27) (Blank). 
26  (28) Correspondence and records (i) that may not be 
 
 
HB4304- 7 -LRB103 35638 RLC 65713 b


1 disclosed under Section 11-9 of the Illinois Public Aid 
2 Code or (ii) that pertain to appeals under Section 11-8 of 
3 the Illinois Public Aid Code. 
4  (29) Meetings between internal or external auditors 
5 and governmental audit committees, finance committees, and 
6 their equivalents, when the discussion involves internal 
7 control weaknesses, identification of potential fraud risk 
8 areas, known or suspected frauds, and fraud interviews 
9 conducted in accordance with generally accepted auditing 
10 standards of the United States of America.
11  (30) Those meetings or portions of meetings of a 
12 fatality review team or the Illinois Fatality Review Team 
13 Advisory Council during which a review of the death of an 
14 eligible adult in which abuse or neglect is suspected, 
15 alleged, or substantiated is conducted pursuant to Section 
16 15 of the Adult Protective Services Act. 
17  (31) Meetings and deliberations for decisions of the 
18 Concealed Carry Licensing Review Board under the Firearm 
19 Concealed Carry Act. 
20  (32) Meetings between the Regional Transportation 
21 Authority Board and its Service Boards when the discussion 
22 involves review by the Regional Transportation Authority 
23 Board of employment contracts under Section 28d of the 
24 Metropolitan Transit Authority Act and Sections 3A.18 and 
25 3B.26 of the Regional Transportation Authority Act.
26  (33) Those meetings or portions of meetings of the 
 
 
HB4304- 8 -LRB103 35638 RLC 65713 b


1 advisory committee and peer review subcommittee created 
2 under Section 320 of the Illinois Controlled Substances 
3 Act during which specific controlled substance prescriber, 
4 dispenser, or patient information is discussed.
5  (34) Meetings of the Tax Increment Financing Reform 
6 Task Force under Section 2505-800 of the Department of 
7 Revenue Law of the Civil Administrative Code of Illinois. 
8  (35) Meetings of the group established to discuss 
9 Medicaid capitation rates under Section 5-30.8 of the 
10 Illinois Public Aid Code. 
11  (36) Those deliberations or portions of deliberations 
12 for decisions of the Illinois Gaming Board in which there 
13 is discussed any of the following: (i) personal, 
14 commercial, financial, or other information obtained from 
15 any source that is privileged, proprietary, confidential, 
16 or a trade secret; or (ii) information specifically 
17 exempted from the disclosure by federal or State law.
18  (37) Deliberations for decisions of the Illinois Law 
19 Enforcement Training Standards Board, the Certification 
20 Review Panel, and the Illinois State Police Merit Board 
21 regarding certification and decertification. 
22  (38) Meetings of the Ad Hoc Statewide Domestic 
23 Violence Fatality Review Committee of the Illinois 
24 Criminal Justice Information Authority Board that occur in 
25 closed executive session under subsection (d) of Section 
26 35 of the Domestic Violence Fatality Review Act. 
 
 
HB4304- 9 -LRB103 35638 RLC 65713 b


1  (39) Meetings of the regional review teams under 
2 subsection (a) of Section 75 of the Domestic Violence 
3 Fatality Review Act. 
4  (40) Meetings of the Firearm Owner's Identification 
5 Card Review Board under Section 10 of the Firearm Owners 
6 Identification Card Act before the effective date of this 
7 amendatory Act of the 103rd General Assembly. 
8 (d) Definitions. For purposes of this Section:
9 "Employee" means a person employed by a public body whose 
10relationship with the public body constitutes an 
11employer-employee relationship under the usual common law 
12rules, and who is not an independent contractor.
13 "Public office" means a position created by or under the 
14Constitution or laws of this State, the occupant of which is 
15charged with the exercise of some portion of the sovereign 
16power of this State. The term "public office" shall include 
17members of the public body, but it shall not include 
18organizational positions filled by members thereof, whether 
19established by law or by a public body itself, that exist to 
20assist the body in the conduct of its business.
21 "Quasi-adjudicative body" means an administrative body 
22charged by law or ordinance with the responsibility to conduct 
23hearings, receive evidence or testimony and make 
24determinations based thereon, but does not include local 
25electoral boards when such bodies are considering petition 
26challenges.
 
 
HB4304- 10 -LRB103 35638 RLC 65713 b


1 (e) Final action. No final action may be taken at a closed 
2meeting. Final action shall be preceded by a public recital of 
3the nature of the matter being considered and other 
4information that will inform the public of the business being 
5conducted. 
6(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; 
7102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. 
87-28-23.)

9 Section 5. The Freedom of Information Act is amended by 
10changing Section 7.5 as follows:

11 (5 ILCS 140/7.5)
12 (Text of Section before amendment by P.A. 103-472)
13 Sec. 7.5. Statutory exemptions. To the extent provided for 
14by the statutes referenced below, the following shall be 
15exempt from inspection and copying:
16  (a) All information determined to be confidential 
17 under Section 4002 of the Technology Advancement and 
18 Development Act.
19  (b) Library circulation and order records identifying 
20 library users with specific materials under the Library 
21 Records Confidentiality Act.
22  (c) Applications, related documents, and medical 
23 records received by the Experimental Organ Transplantation 
24 Procedures Board and any and all documents or other 
 
 
HB4304- 11 -LRB103 35638 RLC 65713 b


1 records prepared by the Experimental Organ Transplantation 
2 Procedures Board or its staff relating to applications it 
3 has received.
4  (d) Information and records held by the Department of 
5 Public Health and its authorized representatives relating 
6 to known or suspected cases of sexually transmissible 
7 disease or any information the disclosure of which is 
8 restricted under the Illinois Sexually Transmissible 
9 Disease Control Act.
10  (e) Information the disclosure of which is exempted 
11 under Section 30 of the Radon Industry Licensing Act.
12  (f) Firm performance evaluations under Section 55 of 
13 the Architectural, Engineering, and Land Surveying 
14 Qualifications Based Selection Act.
15  (g) Information the disclosure of which is restricted 
16 and exempted under Section 50 of the Illinois Prepaid 
17 Tuition Act.
18  (h) Information the disclosure of which is exempted 
19 under the State Officials and Employees Ethics Act, and 
20 records of any lawfully created State or local inspector 
21 general's office that would be exempt if created or 
22 obtained by an Executive Inspector General's office under 
23 that Act.
24  (i) Information contained in a local emergency energy 
25 plan submitted to a municipality in accordance with a 
26 local emergency energy plan ordinance that is adopted 
 
 
HB4304- 12 -LRB103 35638 RLC 65713 b


1 under Section 11-21.5-5 of the Illinois Municipal Code.
2  (j) Information and data concerning the distribution 
3 of surcharge moneys collected and remitted by carriers 
4 under the Emergency Telephone System Act.
5  (k) Law enforcement officer identification information 
6 or driver identification information compiled by a law 
7 enforcement agency or the Department of Transportation 
8 under Section 11-212 of the Illinois Vehicle Code.
9  (l) Records and information provided to a residential 
10 health care facility resident sexual assault and death 
11 review team or the Executive Council under the Abuse 
12 Prevention Review Team Act.
13  (m) Information provided to the predatory lending 
14 database created pursuant to Article 3 of the Residential 
15 Real Property Disclosure Act, except to the extent 
16 authorized under that Article.
17  (n) Defense budgets and petitions for certification of 
18 compensation and expenses for court appointed trial 
19 counsel as provided under Sections 10 and 15 of the 
20 Capital Crimes Litigation Act (repealed). This subsection 
21 (n) shall apply until the conclusion of the trial of the 
22 case, even if the prosecution chooses not to pursue the 
23 death penalty prior to trial or sentencing.
24  (o) Information that is prohibited from being 
25 disclosed under Section 4 of the Illinois Health and 
26 Hazardous Substances Registry Act.
 
 
HB4304- 13 -LRB103 35638 RLC 65713 b


1  (p) Security portions of system safety program plans, 
2 investigation reports, surveys, schedules, lists, data, or 
3 information compiled, collected, or prepared by or for the 
4 Department of Transportation under Sections 2705-300 and 
5 2705-616 of the Department of Transportation Law of the 
6 Civil Administrative Code of Illinois, the Regional 
7 Transportation Authority under Section 2.11 of the 
8 Regional Transportation Authority Act, or the St. Clair 
9 County Transit District under the Bi-State Transit Safety 
10 Act (repealed). 
11  (q) Information prohibited from being disclosed by the 
12 Personnel Record Review Act. 
13  (r) Information prohibited from being disclosed by the 
14 Illinois School Student Records Act. 
15  (s) Information the disclosure of which is restricted 
16 under Section 5-108 of the Public Utilities Act. 
17  (t) (Blank). 
18  (u) Records and information provided to an independent 
19 team of experts under the Developmental Disability and 
20 Mental Health Safety Act (also known as Brian's Law). 
21  (v) Names and information of people who have applied 
22 for or received Firearm Owner's Identification Cards under 
23 the Firearm Owners Identification Card Act before the 
24 effective date of this amendatory Act of the 103rd General 
25 Assembly or applied for or received a concealed carry 
26 license under the Firearm Concealed Carry Act, unless 
 
 
HB4304- 14 -LRB103 35638 RLC 65713 b


1 otherwise authorized by the Firearm Concealed Carry Act; 
2 and databases under the Firearm Concealed Carry Act, 
3 records of the Concealed Carry Licensing Review Board 
4 under the Firearm Concealed Carry Act, and law enforcement 
5 agency objections under the Firearm Concealed Carry Act. 
6  (v-5) Records of the Firearm Owner's Identification 
7 Card Review Board that are exempted from disclosure under 
8 Section 10 of the Firearm Owners Identification Card Act 
9 before the effective date of this amendatory Act of the 
10 103rd General Assembly.
11  (w) Personally identifiable information which is 
12 exempted from disclosure under subsection (g) of Section 
13 19.1 of the Toll Highway Act.
14  (x) Information which is exempted from disclosure 
15 under Section 5-1014.3 of the Counties Code or Section 
16 8-11-21 of the Illinois Municipal Code. 
17  (y) Confidential information under the Adult 
18 Protective Services Act and its predecessor enabling 
19 statute, the Elder Abuse and Neglect Act, including 
20 information about the identity and administrative finding 
21 against any caregiver of a verified and substantiated 
22 decision of abuse, neglect, or financial exploitation of 
23 an eligible adult maintained in the Registry established 
24 under Section 7.5 of the Adult Protective Services Act. 
25  (z) Records and information provided to a fatality 
26 review team or the Illinois Fatality Review Team Advisory 
 
 
HB4304- 15 -LRB103 35638 RLC 65713 b


1 Council under Section 15 of the Adult Protective Services 
2 Act. 
3  (aa) Information which is exempted from disclosure 
4 under Section 2.37 of the Wildlife Code. 
5  (bb) Information which is or was prohibited from 
6 disclosure by the Juvenile Court Act of 1987. 
7  (cc) Recordings made under the Law Enforcement 
8 Officer-Worn Body Camera Act, except to the extent 
9 authorized under that Act.
10  (dd) Information that is prohibited from being 
11 disclosed under Section 45 of the Condominium and Common 
12 Interest Community Ombudsperson Act. 
13  (ee) Information that is exempted from disclosure 
14 under Section 30.1 of the Pharmacy Practice Act. 
15  (ff) Information that is exempted from disclosure 
16 under the Revised Uniform Unclaimed Property Act. 
17  (gg) Information that is prohibited from being 
18 disclosed under Section 7-603.5 of the Illinois Vehicle 
19 Code. 
20  (hh) Records that are exempt from disclosure under 
21 Section 1A-16.7 of the Election Code. 
22  (ii) Information which is exempted from disclosure 
23 under Section 2505-800 of the Department of Revenue Law of 
24 the Civil Administrative Code of Illinois. 
25  (jj) Information and reports that are required to be 
26 submitted to the Department of Labor by registering day 
 
 
HB4304- 16 -LRB103 35638 RLC 65713 b


1 and temporary labor service agencies but are exempt from 
2 disclosure under subsection (a-1) of Section 45 of the Day 
3 and Temporary Labor Services Act. 
4  (kk) Information prohibited from disclosure under the 
5 Seizure and Forfeiture Reporting Act. 
6  (ll) Information the disclosure of which is restricted 
7 and exempted under Section 5-30.8 of the Illinois Public 
8 Aid Code. 
9  (mm) Records that are exempt from disclosure under 
10 Section 4.2 of the Crime Victims Compensation Act. 
11  (nn) Information that is exempt from disclosure under 
12 Section 70 of the Higher Education Student Assistance Act. 
13  (oo) Communications, notes, records, and reports 
14 arising out of a peer support counseling session 
15 prohibited from disclosure under the First Responders 
16 Suicide Prevention Act. 
17  (pp) Names and all identifying information relating to 
18 an employee of an emergency services provider or law 
19 enforcement agency under the First Responders Suicide 
20 Prevention Act. 
21  (qq) Information and records held by the Department of 
22 Public Health and its authorized representatives collected 
23 under the Reproductive Health Act. 
24  (rr) Information that is exempt from disclosure under 
25 the Cannabis Regulation and Tax Act. 
26  (ss) Data reported by an employer to the Department of 
 
 
HB4304- 17 -LRB103 35638 RLC 65713 b


1 Human Rights pursuant to Section 2-108 of the Illinois 
2 Human Rights Act.
3  (tt) Recordings made under the Children's Advocacy 
4 Center Act, except to the extent authorized under that 
5 Act. 
6  (uu) Information that is exempt from disclosure under 
7 Section 50 of the Sexual Assault Evidence Submission Act. 
8  (vv) Information that is exempt from disclosure under 
9 subsections (f) and (j) of Section 5-36 of the Illinois 
10 Public Aid Code. 
11  (ww) Information that is exempt from disclosure under 
12 Section 16.8 of the State Treasurer Act. 
13  (xx) Information that is exempt from disclosure or 
14 information that shall not be made public under the 
15 Illinois Insurance Code. 
16  (yy) Information prohibited from being disclosed under 
17 the Illinois Educational Labor Relations Act.
18  (zz) Information prohibited from being disclosed under 
19 the Illinois Public Labor Relations Act. 
20  (aaa) Information prohibited from being disclosed 
21 under Section 1-167 of the Illinois Pension Code. 
22  (bbb) Information that is prohibited from disclosure 
23 by the Illinois Police Training Act and the Illinois State 
24 Police Act. 
25  (ccc) Records exempt from disclosure under Section 
26 2605-304 of the Illinois State Police Law of the Civil 
 
 
HB4304- 18 -LRB103 35638 RLC 65713 b


1 Administrative Code of Illinois. 
2  (ddd) Information prohibited from being disclosed 
3 under Section 35 of the Address Confidentiality for 
4 Victims of Domestic Violence, Sexual Assault, Human 
5 Trafficking, or Stalking Act. 
6  (eee) Information prohibited from being disclosed 
7 under subsection (b) of Section 75 of the Domestic 
8 Violence Fatality Review Act. 
9  (fff) Images from cameras under the Expressway Camera 
10 Act. This subsection (fff) is inoperative on and after 
11 July 1, 2025. 
12  (ggg) Information prohibited from disclosure under 
13 paragraph (3) of subsection (a) of Section 14 of the Nurse 
14 Agency Licensing Act. 
15  (hhh) Information submitted to the Illinois State 
16 Police in an affidavit or application for an assault 
17 weapon endorsement, assault weapon attachment endorsement, 
18 .50 caliber rifle endorsement, or .50 caliber cartridge 
19 endorsement under the Firearm Owners Identification Card 
20 Act. 
21  (iii) Data exempt from disclosure under Section 50 of 
22 the School Safety Drill Act. 
23  (jjj) (hhh) Information exempt from disclosure under 
24 Section 30 of the Insurance Data Security Law. 
25  (kkk) (iii) Confidential business information 
26 prohibited from disclosure under Section 45 of the Paint 
 
 
HB4304- 19 -LRB103 35638 RLC 65713 b


1 Stewardship Act. 
2(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
3102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
48-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
5102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
66-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
7eff. 1-1-24; 103-508, eff. 8-4-23; revised 9-5-23.)

8 (Text of Section after amendment by P.A. 103-472)
9 Sec. 7.5. Statutory exemptions. To the extent provided for 
10by the statutes referenced below, the following shall be 
11exempt from 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 
21 records prepared by the Experimental Organ Transplantation 
22 Procedures Board or its staff relating to applications it 
23 has received.
24  (d) Information and records held by the Department of 
25 Public Health and its authorized representatives relating 
 
 
HB4304- 20 -LRB103 35638 RLC 65713 b


1 to known or suspected cases of sexually transmissible 
2 disease or any information the disclosure of which is 
3 restricted under the Illinois Sexually Transmissible 
4 Disease Control Act.
5  (e) Information the disclosure of which is exempted 
6 under Section 30 of the Radon Industry Licensing Act.
7  (f) Firm performance evaluations under Section 55 of 
8 the Architectural, Engineering, and Land Surveying 
9 Qualifications Based Selection Act.
10  (g) Information the disclosure of which is restricted 
11 and exempted under Section 50 of the Illinois Prepaid 
12 Tuition Act.
13  (h) Information the disclosure of which is exempted 
14 under the State Officials and Employees Ethics Act, and 
15 records of any lawfully created State or local inspector 
16 general's office that would be exempt if created or 
17 obtained by an Executive Inspector General's office under 
18 that Act.
19  (i) Information contained in a local emergency energy 
20 plan submitted to a municipality in accordance with a 
21 local emergency energy plan ordinance that is adopted 
22 under Section 11-21.5-5 of the Illinois Municipal Code.
23  (j) Information and data concerning the distribution 
24 of surcharge moneys collected and remitted by carriers 
25 under the Emergency Telephone System Act.
26  (k) Law enforcement officer identification information 
 
 
HB4304- 21 -LRB103 35638 RLC 65713 b


1 or driver identification information compiled by a law 
2 enforcement agency or the Department of Transportation 
3 under Section 11-212 of the Illinois Vehicle Code.
4  (l) Records and information provided to a residential 
5 health care facility resident sexual assault and death 
6 review team or the Executive Council under the Abuse 
7 Prevention Review Team Act.
8  (m) Information provided to the predatory lending 
9 database created pursuant to Article 3 of the Residential 
10 Real Property Disclosure Act, except to the extent 
11 authorized under that Article.
12  (n) Defense budgets and petitions for certification of 
13 compensation and expenses for court appointed trial 
14 counsel as provided under Sections 10 and 15 of the 
15 Capital Crimes Litigation Act (repealed). This subsection 
16 (n) shall apply until the conclusion of the trial of the 
17 case, even if the prosecution chooses not to pursue the 
18 death penalty prior to trial or sentencing.
19  (o) Information that is prohibited from being 
20 disclosed under Section 4 of the Illinois Health and 
21 Hazardous Substances Registry Act.
22  (p) Security portions of system safety program plans, 
23 investigation reports, surveys, schedules, lists, data, or 
24 information compiled, collected, or prepared by or for the 
25 Department of Transportation under Sections 2705-300 and 
26 2705-616 of the Department of Transportation Law of the 
 
 
HB4304- 22 -LRB103 35638 RLC 65713 b


1 Civil Administrative Code of Illinois, the Regional 
2 Transportation Authority under Section 2.11 of the 
3 Regional Transportation Authority Act, or the St. Clair 
4 County Transit District under the Bi-State Transit Safety 
5 Act (repealed). 
6  (q) Information prohibited from being disclosed by the 
7 Personnel Record Review Act. 
8  (r) Information prohibited from being disclosed by the 
9 Illinois School Student Records Act. 
10  (s) Information the disclosure of which is restricted 
11 under Section 5-108 of the Public Utilities Act. 
12  (t) (Blank). 
13  (u) Records and information provided to an independent 
14 team of experts under the Developmental Disability and 
15 Mental Health Safety Act (also known as Brian's Law). 
16  (v) Names and information of people who have applied 
17 for or received Firearm Owner's Identification Cards under 
18 the Firearm Owners Identification Card Act before the 
19 effective date of this amendatory Act of the 103rd General 
20 Assembly or applied for or received a concealed carry 
21 license under the Firearm Concealed Carry Act, unless 
22 otherwise authorized by the Firearm Concealed Carry Act; 
23 and databases under the Firearm Concealed Carry Act, 
24 records of the Concealed Carry Licensing Review Board 
25 under the Firearm Concealed Carry Act, and law enforcement 
26 agency objections under the Firearm Concealed Carry Act. 
 
 
HB4304- 23 -LRB103 35638 RLC 65713 b


1  (v-5) Records of the Firearm Owner's Identification 
2 Card Review Board that were are exempted from disclosure 
3 under Section 10 of the Firearm Owners Identification Card 
4 Act before the effective date of this amendatory Act of 
5 the 103rd General Assembly.
6  (w) Personally identifiable information which is 
7 exempted from disclosure under subsection (g) of Section 
8 19.1 of the Toll Highway Act.
9  (x) Information which is exempted from disclosure 
10 under Section 5-1014.3 of the Counties Code or Section 
11 8-11-21 of the Illinois Municipal Code. 
12  (y) Confidential information under the Adult 
13 Protective Services Act and its predecessor enabling 
14 statute, the Elder Abuse and Neglect Act, including 
15 information about the identity and administrative finding 
16 against any caregiver of a verified and substantiated 
17 decision of abuse, neglect, or financial exploitation of 
18 an eligible adult maintained in the Registry established 
19 under Section 7.5 of the Adult Protective Services Act. 
20  (z) Records and information provided to a fatality 
21 review team or the Illinois Fatality Review Team Advisory 
22 Council under Section 15 of the Adult Protective Services 
23 Act. 
24  (aa) Information which is exempted from disclosure 
25 under Section 2.37 of the Wildlife Code. 
26  (bb) Information which is or was prohibited from 
 
 
HB4304- 24 -LRB103 35638 RLC 65713 b


1 disclosure by the Juvenile Court Act of 1987. 
2  (cc) Recordings made under the Law Enforcement 
3 Officer-Worn Body Camera Act, except to the extent 
4 authorized under that Act.
5  (dd) Information that is prohibited from being 
6 disclosed under Section 45 of the Condominium and Common 
7 Interest Community Ombudsperson Act. 
8  (ee) Information that is exempted from disclosure 
9 under Section 30.1 of the Pharmacy Practice Act. 
10  (ff) Information that is exempted from disclosure 
11 under the Revised Uniform Unclaimed Property Act. 
12  (gg) Information that is prohibited from being 
13 disclosed under Section 7-603.5 of the Illinois Vehicle 
14 Code. 
15  (hh) Records that are exempt from disclosure under 
16 Section 1A-16.7 of the Election Code. 
17  (ii) Information which is exempted from disclosure 
18 under Section 2505-800 of the Department of Revenue Law of 
19 the Civil Administrative Code of Illinois. 
20  (jj) Information and reports that are required to be 
21 submitted to the Department of Labor by registering day 
22 and temporary labor service agencies but are exempt from 
23 disclosure under subsection (a-1) of Section 45 of the Day 
24 and Temporary Labor Services Act. 
25  (kk) Information prohibited from disclosure under the 
26 Seizure and Forfeiture Reporting Act. 
 
 
HB4304- 25 -LRB103 35638 RLC 65713 b


1  (ll) Information the disclosure of which is restricted 
2 and exempted under Section 5-30.8 of the Illinois Public 
3 Aid Code. 
4  (mm) Records that are exempt from disclosure under 
5 Section 4.2 of the Crime Victims Compensation Act. 
6  (nn) Information that is exempt from disclosure under 
7 Section 70 of the Higher Education Student Assistance Act. 
8  (oo) Communications, notes, records, and reports 
9 arising out of a peer support counseling session 
10 prohibited from disclosure under the First Responders 
11 Suicide Prevention Act. 
12  (pp) Names and all identifying information relating to 
13 an employee of an emergency services provider or law 
14 enforcement agency under the First Responders Suicide 
15 Prevention Act. 
16  (qq) Information and records held by the Department of 
17 Public Health and its authorized representatives collected 
18 under the Reproductive Health Act. 
19  (rr) Information that is exempt from disclosure under 
20 the Cannabis Regulation and Tax Act. 
21  (ss) Data reported by an employer to the Department of 
22 Human Rights pursuant to Section 2-108 of the Illinois 
23 Human Rights Act.
24  (tt) Recordings made under the Children's Advocacy 
25 Center Act, except to the extent authorized under that 
26 Act. 
 
 
HB4304- 26 -LRB103 35638 RLC 65713 b


1  (uu) Information that is exempt from disclosure under 
2 Section 50 of the Sexual Assault Evidence Submission Act. 
3  (vv) Information that is exempt from disclosure under 
4 subsections (f) and (j) of Section 5-36 of the Illinois 
5 Public Aid Code. 
6  (ww) Information that is exempt from disclosure under 
7 Section 16.8 of the State Treasurer Act. 
8  (xx) Information that is exempt from disclosure or 
9 information that shall not be made public under the 
10 Illinois Insurance Code. 
11  (yy) Information prohibited from being disclosed under 
12 the Illinois Educational Labor Relations Act.
13  (zz) Information prohibited from being disclosed under 
14 the Illinois Public Labor Relations Act. 
15  (aaa) Information prohibited from being disclosed 
16 under Section 1-167 of the Illinois Pension Code. 
17  (bbb) Information that is prohibited from disclosure 
18 by the Illinois Police Training Act and the Illinois State 
19 Police Act. 
20  (ccc) Records exempt from disclosure under Section 
21 2605-304 of the Illinois State Police Law of the Civil 
22 Administrative Code of Illinois. 
23  (ddd) Information prohibited from being disclosed 
24 under Section 35 of the Address Confidentiality for 
25 Victims of Domestic Violence, Sexual Assault, Human 
26 Trafficking, or Stalking Act. 
 
 
HB4304- 27 -LRB103 35638 RLC 65713 b


1  (eee) Information prohibited from being disclosed 
2 under subsection (b) of Section 75 of the Domestic 
3 Violence Fatality Review Act. 
4  (fff) Images from cameras under the Expressway Camera 
5 Act. This subsection (fff) is inoperative on and after 
6 July 1, 2025. 
7  (ggg) Information prohibited from disclosure under 
8 paragraph (3) of subsection (a) of Section 14 of the Nurse 
9 Agency Licensing Act. 
10  (hhh) Information submitted to the Illinois State 
11 Police in an affidavit or application for an assault 
12 weapon endorsement, assault weapon attachment endorsement, 
13 .50 caliber rifle endorsement, or .50 caliber cartridge 
14 endorsement under the Firearm Owners Identification Card 
15 Act. 
16  (iii) Data exempt from disclosure under Section 50 of 
17 the School Safety Drill Act. 
18  (jjj) (hhh) Information exempt from disclosure under 
19 Section 30 of the Insurance Data Security Law. 
20  (kkk) (iii) Confidential business information 
21 prohibited from disclosure under Section 45 of the Paint 
22 Stewardship Act. 
23  (lll) (iii) Data exempt from disclosure under Section 
24 2-3.196 of the School Code. 
25(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
26102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
 
 
HB4304- 28 -LRB103 35638 RLC 65713 b


18-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
2102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
36-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
4eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 
5revised 9-5-23.)

6 Section 5.5. The Illinois TRUST Act is amended by changing 
7Section 15 as follows:

8 (5 ILCS 805/15)
9 Sec. 15. Prohibition on enforcing federal civil 
10immigration laws.  
11 (a) A law enforcement agency or law enforcement official 
12shall not detain or continue to detain any individual solely 
13on the basis of any immigration detainer or civil immigration 
14warrant or otherwise comply with an immigration detainer or 
15civil immigration warrant.
16 (b) A law enforcement agency or law enforcement official 
17shall not stop, arrest, search, detain, or continue to detain 
18a person solely based on an individual's citizenship or 
19immigration status.
20 (c) (Blank).
21 (d) A law enforcement agency or law enforcement official 
22acting in good faith in compliance with this Section who 
23releases a person subject to an immigration detainer or civil 
24immigration warrant shall have immunity from any civil or 
 
 
HB4304- 29 -LRB103 35638 RLC 65713 b


1criminal liability that might otherwise occur as a result of 
2making the release, with the exception of willful or wanton 
3misconduct.
4 (e) A law enforcement agency or law enforcement official 
5may not inquire about or investigate the citizenship or 
6immigration status or place of birth of any individual in the 
7agency or official's custody or who has otherwise been stopped 
8or detained by the agency or official. Nothing in this 
9subsection shall be construed to limit the ability of a law 
10enforcement agency or law enforcement official, pursuant to 
11State or federal law, to notify a person in the law enforcement 
12agency's custody about that person's right to communicate with 
13consular officers from that person's country of nationality, 
14or facilitate such communication, in accordance with the 
15Vienna Convention on Consular Relations or other bilateral 
16agreements. Nothing in this subsection shall be construed to 
17limit the ability of a law enforcement agency or law 
18enforcement official to request evidence of citizenship or 
19immigration status pursuant to the Firearm Owners 
20Identification Card Act, the Firearm Concealed Carry Act, 
21Article 24 of the Criminal Code of 2012, or 18 United States 
22Code Sections 921 through 931.
23 (f) Unless otherwise limited by federal law, a law 
24enforcement agency or law enforcement official may not deny 
25services, benefits, privileges, or opportunities to an 
26individual in custody or under probation status, including, 
 
 
HB4304- 30 -LRB103 35638 RLC 65713 b


1but not limited to, eligibility for or placement in a lower 
2custody classification, educational, rehabilitative, or 
3diversionary programs, on the basis of the individual's 
4citizenship or immigration status, the issuance of an 
5immigration detainer or civil immigration warrant against the 
6individual, or the individual being in immigration removal 
7proceedings.
8 (g)(1) No law enforcement agency, law enforcement 
9official, or any unit of State or local government may enter 
10into or renew any contract, intergovernmental service 
11agreement, or any other agreement to house or detain 
12individuals for federal civil immigration violations.
13 (2) Any law enforcement agency, law enforcement official, 
14or unit of State or local government with an existing 
15contract, intergovernmental agreement, or other agreement, 
16whether in whole or in part, that is utilized to house or 
17detain individuals for civil immigration violations shall 
18exercise the termination provision in the agreement as applied 
19to housing or detaining individuals for civil immigration 
20violations no later than January 1, 2022.
21 (h) Unless presented with a federal criminal warrant, or 
22otherwise required by federal law, a law enforcement agency or 
23official may not:
24  (1) participate, support, or assist in any capacity 
25 with an immigration agent's enforcement operations, 
26 including any collateral assistance such as coordinating 
 
 
HB4304- 31 -LRB103 35638 RLC 65713 b


1 an arrest in a courthouse or other public facility, 
2 providing use of any equipment, transporting any 
3 individuals, or establishing a security or traffic 
4 perimeter surrounding such operations, or any other 
5 on-site support;
6  (2) give any immigration agent access, including by 
7 telephone, to any individual who is in that agency's 
8 custody;
9  (3) transfer any person into an immigration agent's 
10 custody;
11  (4) permit immigration agents use of agency facilities 
12 or equipment, including any agency electronic databases 
13 not available to the public, for investigative interviews 
14 or other investigative or immigration enforcement purpose;
15  (5) enter into or maintain any agreement regarding 
16 direct access to any electronic database or other 
17 data-sharing platform maintained by any law enforcement 
18 agency, or otherwise provide such direct access to the 
19 U.S. Immigration and Customs Enforcement, United States 
20 Customs and Border Protection or any other federal entity 
21 enforcing civil immigration violations;
22  (6) provide information in response to any immigration 
23 agent's inquiry or request for information regarding any 
24 individual in the agency's custody; or
25  (7) provide to any immigration agent information not 
26 otherwise available to the public relating to an 
 
 
HB4304- 32 -LRB103 35638 RLC 65713 b


1 individual's release or contact information, or otherwise 
2 facilitate for an immigration agent to apprehend or 
3 question an individual for immigration enforcement.
4 (i) Nothing in this Section shall preclude a law 
5enforcement official from otherwise executing that official's 
6duties in investigating violations of criminal law and 
7cooperating in such investigations with federal and other law 
8enforcement agencies (including criminal investigations 
9conducted by federal Homeland Security Investigations (HSI)) 
10in order to ensure public safety. 
11(Source: P.A. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.)

12 Section 6. The Gun Trafficking Information Act is amended 
13by changing Section 10-5 as follows:

14 (5 ILCS 830/10-5)
15 Sec. 10-5. Gun trafficking information. 
16 (a) The Illinois State Police shall use all reasonable 
17efforts, as allowed by State law and regulations, federal law 
18and regulations, and executed Memoranda of Understanding 
19between Illinois law enforcement agencies and the U.S. Bureau 
20of Alcohol, Tobacco, Firearms and Explosives, in making 
21publicly available, on a regular and ongoing basis, key 
22information related to firearms used in the commission of 
23crimes in this State, including, but not limited to: reports 
24on crimes committed with firearms, locations where the crimes 
 
 
HB4304- 33 -LRB103 35638 RLC 65713 b


1occurred, the number of persons killed or injured in the 
2commission of the crimes, the state where the firearms used 
3originated, the Federal Firearms Licensee that sold the 
4firearm, the type of firearms used, if known, annual 
5statistical information concerning Firearm Owner's 
6Identification Card and concealed carry license applications, 
7revocations, and compliance with Section 9.5 of the Firearm 
8Owners Identification Card Act, the information required in 
9the report or on the Illinois State Police's website under 
10Section 85 of the Firearms Restraining Order Act, and firearm 
11dealer license certification inspections. The Illinois State 
12Police shall make the information available on its website, 
13which may be presented in a dashboard format, in addition to 
14electronically filing a report with the Governor and the 
15General Assembly. The report to the General Assembly shall be 
16filed with the Clerk of the House of Representatives and the 
17Secretary of the Senate in electronic form only, in the manner 
18that the Clerk and the Secretary shall direct. 
19 (b) (Blank). The Illinois State Police shall study, on a 
20regular and ongoing basis, and compile reports on the number 
21of Firearm Owner's Identification Card checks to determine 
22firearms trafficking or straw purchase patterns. The Illinois 
23State Police shall, to the extent not inconsistent with law, 
24share such reports and underlying data with academic centers, 
25foundations, and law enforcement agencies studying firearms 
26trafficking, provided that personally identifying information 
 
 
HB4304- 34 -LRB103 35638 RLC 65713 b


1is protected. For purposes of this subsection (b), a Firearm 
2Owner's Identification Card number is not personally 
3identifying information, provided that no other personal 
4information of the card holder is attached to the record. The 
5Illinois State Police may create and attach an alternate 
6unique identifying number to each Firearm Owner's 
7Identification Card number, instead of releasing the Firearm 
8Owner's Identification Card number itself.
9 (c) Each department, office, division, and agency of this 
10State shall, to the extent not inconsistent with law, 
11cooperate fully with the Illinois State Police and furnish the 
12Illinois State Police with all relevant information and 
13assistance on a timely basis as is necessary to accomplish the 
14purpose of this Act. The Illinois Criminal Justice Information 
15Authority shall submit the information required in subsection 
16(a) of this Section to the Illinois State Police, and any other 
17information as the Illinois State Police may request, to 
18assist the Illinois State Police in carrying out its duties 
19under this Act.
20(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
21102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

22 Section 7. The First Responders Suicide Prevention Act is 
23amended by changing Section 40 as follows:

24 (5 ILCS 840/40)
 
 
HB4304- 35 -LRB103 35638 RLC 65713 b


1 Sec. 40. Task Force recommendations.
2 (a) Task Force members shall recommend that agencies and 
3organizations guarantee access to mental health and wellness 
4services, including, but not limited to, peer support programs 
5and providing ongoing education related to the ever-evolving 
6concept of mental health wellness. These recommendations could 
7be accomplished by:
8  (1) Revising agencies' and organizations' employee 
9 assistance programs (EAPs).
10  (2) Urging health care providers to replace outdated 
11 healthcare plans and include more progressive options 
12 catering to the needs and disproportionate risks 
13 shouldered by our first responders.
14  (3) Allocating funding or resources for public service 
15 announcements (PSA) and messaging campaigns aimed at 
16 raising awareness of available assistance options.
17  (4) Encouraging agencies and organizations to attach 
18 lists of all available resources to training manuals and 
19 continuing education requirements. 
20 (b) Task Force members shall recommend agencies and 
21organizations sponsor or facilitate first responders with 
22specialized training in the areas of psychological fitness, 
23depressive disorders, early detection, and mitigation best 
24practices. Such trainings could be accomplished by:
25  (1) Assigning, appointing, or designating one member 
26 of an agency or organization to attend specialized 
 
 
HB4304- 36 -LRB103 35638 RLC 65713 b


1 training(s) sponsored by an accredited agency, 
2 association, or organization recognized in their fields of 
3 study.
4  (2) Seeking sponsorships or conducting fund-raisers, 
5 to host annual or semiannual on-site visits from qualified 
6 clinicians or physicians to provide early detection 
7 training techniques, or to provide regular access to 
8 mental health professionals.
9  (3) Requiring a minimum number of hours of disorders 
10 and wellness training be incorporated into reoccurring, 
11 annual or biannual training standards, examinations, and 
12 curriculums, taking into close consideration respective 
13 agency or organization size, frequency, and number of all 
14 current federal and state mandatory examinations and 
15 trainings expected respectively.
16  (4) Not underestimating the crucial importance of a 
17 balanced diet, sleep, mindfulness-based stress reduction 
18 techniques, moderate and vigorous intensity activities, 
19 and recreational hobbies, which have been scientifically 
20 proven to play a major role in brain health and mental 
21 wellness. 
22 (c) Task Force members shall recommend that administrators 
23and leadership personnel solicit training services from 
24evidence-based, data driven organizations. Organizations with 
25personnel trained on the analytical review and interpretation 
26of specific fields related to the nature of first responders' 
 
 
HB4304- 37 -LRB103 35638 RLC 65713 b


1exploits, such as PTSD, substance abuse, chronic state of 
2duress. Task Force members shall further recommend funding for 
3expansion and messaging campaigns of preliminary 
4self-diagnosing technologies like the one described above. 
5These objectives could be met by:
6  (1) Contacting an accredited agency, association, or 
7 organization recognized in the field or fields of specific 
8 study. Unbeknownst to the majority, many of the agencies 
9 and organizations listed above receive grants and 
10 allocations to assist communities with the very issues 
11 being discussed in this Section.
12  (2) Normalizing help-seeking behaviors for both first 
13 responders and their families through regular messaging 
14 and peer support outreach, beginning with academy 
15 curricula and continuing education throughout individuals' 
16 careers.
17  (3) Funding and implementing PSA campaigns that 
18 provide clear and concise calls to action about mental 
19 health and wellness, resiliency, help-seeking, treatment, 
20 and recovery.
21  (4) Promoting and raising awareness of not-for-profit 
22 organizations currently available to assist individuals in 
23 search of care and treatment. Organizations have intuitive 
24 user-friendly sites, most of which have mobile 
25 applications, so first responders can access at a moment's 
26 notice. However, because of limited funds, these 
 
 
HB4304- 38 -LRB103 35638 RLC 65713 b


1 organizations have a challenging time of getting the word 
2 out there about their existence.
3  (5) Expanding Family and Medical Leave Act protections 
4 for individuals voluntarily seeking preventative 
5 treatment.
6  (6) Promoting and ensuring complete patient 
7 confidentiality protections. 
8 (d) Task Force members shall recommend that agencies and 
9organizations incorporate the following training components 
10into already existing modules and educational curriculums. 
11Doing so could be done by:
12  (1) Bolstering academy and school curricula by 
13 requiring depressive disorder training catered to PTSD, 
14 substance abuse, and early detection techniques training, 
15 taking into close consideration respective agency or 
16 organization size, and the frequency and number of all 
17 current federal and state mandatory examinations and 
18 trainings expected respectively.
19  (2) Continuing to allocate or match federal and state 
20 funds to maintain Mobile Training Units (MTUs). 
21  (3) Incorporating a state certificate for peer support 
22 training into already exiting statewide curriculums and 
23 mandatory examinations, annual State Fire Marshal 
24 examinations, and physical fitness examinations. The 
25 subject matter of the certificate should have an emphasis 
26 on mental health and wellness, as well as familiarization 
 
 
HB4304- 39 -LRB103 35638 RLC 65713 b


1 with topics ranging from clinical social work, clinical 
2 psychology, clinical behaviorist, and clinical psychiatry.
3  (4) Incorporating and performing statewide mental 
4 health check-ins during the same times as already mandated 
5 trainings. These checks are not to be compared or used as 
6 measures of fitness for duty evaluations or structured 
7 psychological examinations.
8  (5) Recommending comprehensive and evidence-based 
9 training on the importance of preventative measures on the 
10 topics of sleep, nutrition, mindfulness, and physical 
11 movement.
12  (6) (Blank). Law enforcement agencies should provide 
13 training on the Firearm Owner's Identification Card Act, 
14 including seeking relief from the Illinois State Police 
15 under Section 10 of the Firearm Owners Identification Card 
16 Act and a FOID card being a continued condition of 
17 employment under Section 7.2 of the Uniform Peace 
18 Officers' Disciplinary Act. 
19(Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23.)

20 Section 8. The Department of Natural Resources 
21(Conservation) Law of the Civil Administrative Code of 
22Illinois is amended by changing Section 805-538 as follows:

23 (20 ILCS 805/805-538)
24 Sec. 805-538. Retiring officer; purchase of service 
 
 
HB4304- 40 -LRB103 35638 RLC 65713 b


1firearm and police badge. The Director of Natural Resources 
2shall establish a program to allow a Conservation Police 
3Officer who is honorably retiring in good standing to purchase 
4either one or both of the following: (1) any Department of 
5Natural Resources police badge previously issued to that 
6officer; or (2) if the officer has a currently valid Firearm 
7Owner's Identification Card, the service firearm issued or 
8previously issued to the officer by the Department of Natural 
9Resources. The cost of the firearm shall be the replacement 
10value of the firearm and not the firearm's fair market value.
11(Source: P.A. 100-931, eff. 8-17-18.)

12 Section 9. The Department of Revenue Law of the Civil 
13Administrative Code of Illinois is amended by changing Section 
142505-306 as follows:

15 (20 ILCS 2505/2505-306)
16 Sec. 2505-306. Retiring investigators; purchase of service 
17firearm and badge. The Director shall establish a program to 
18allow a Department investigator who is honorably retiring in 
19good standing to purchase either one or both of the following: 
20(1) any badge previously issued to the investigator by the 
21Department; or (2) if the investigator has a currently valid 
22Firearm Owner's Identification Card, the service firearm 
23issued or previously issued to the investigator by the 
24Department. The cost of the firearm shall be the replacement 
 
 
HB4304- 41 -LRB103 35638 RLC 65713 b


1value of the firearm and not the firearm's fair market value.
2(Source: P.A. 102-719, eff. 5-6-22.)

3 Section 10. The Illinois State Police Law of the Civil 
4Administrative Code of Illinois is amended by changing 
5Sections 2605-10, 2605-45, 2605-200, and 2605-595 as follows:

6 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
7 Sec. 2605-10. Powers and duties, generally. 
8 (a) The Illinois State Police shall exercise the rights, 
9powers, and duties that have been vested in the Illinois State 
10Police by the following:
11  The Illinois State Police Act.
12  The Illinois State Police Radio Act.
13  The Criminal Identification Act.
14  The Illinois Vehicle Code.
15  The Firearm Owners Identification Card Act.
16  The Firearm Concealed Carry Act.
17  The Firearm Dealer License Certification Act.
18  The Intergovernmental Missing Child Recovery Act of 
19 1984.
20  The Intergovernmental Drug Laws Enforcement Act.
21  The Narcotic Control Division Abolition Act.
22  The Illinois Uniform Conviction Information Act.
23  The Murderer and Violent Offender Against Youth 
24 Registration Act. 
 
 
HB4304- 42 -LRB103 35638 RLC 65713 b


1 (b) The Illinois State Police shall have the powers and 
2duties set forth in the following Sections.
3 (c) The Illinois State Police shall exercise the rights, 
4powers, and duties vested in the Illinois State Police to 
5implement the following protective service functions for State 
6facilities, State officials, and State employees serving in 
7their official capacity: 
8  (1) Utilize subject matter expertise and law 
9 enforcement authority to strengthen the protection of 
10 State government facilities, State employees, State 
11 officials, and State critical infrastructure. 
12  (2) Coordinate State, federal, and local law 
13 enforcement activities involving the protection of State 
14 facilities, officials, and employees. 
15  (3) Conduct investigations of criminal threats to 
16 State facilities, State critical infrastructure, State 
17 officials, and State employees. 
18  (4) Train State officials and employees in personal 
19 protection, crime prevention, facility occupant emergency 
20 planning, and incident management. 
21  (5) Establish standard protocols for prevention and 
22 response to criminal threats to State facilities, State 
23 officials, State employees, and State critical 
24 infrastructure and standard protocols for reporting of 
25 suspicious activities. 
26  (6) Establish minimum operational standards, 
 
 
HB4304- 43 -LRB103 35638 RLC 65713 b


1 qualifications, training, and compliance requirements for 
2 State employees and contractors engaged in the protection 
3 of State facilities and employees. 
4  (7) At the request of departments or agencies of State 
5 government, conduct security assessments, including, but 
6 not limited to, examination of alarm systems, cameras 
7 systems, access points, personnel readiness, and emergency 
8 protocols based on risk and need. 
9  (8) Oversee the planning and implementation of 
10 security and law enforcement activities necessary for the 
11 protection of major, multi-jurisdictional events 
12 implicating potential criminal threats to State officials, 
13 State employees, or State-owned, State-leased, or 
14 State-operated critical infrastructure or facilities. 
15  (9) Oversee and direct the planning and implementation 
16 of security and law enforcement activities by the 
17 departments and agencies of the State necessary for the 
18 protection of State employees, State officials, and 
19 State-owned, State-leased, or State-operated critical 
20 infrastructure or facilities from criminal activity. 
21  (10) Advise the Governor and Homeland Security Advisor 
22 on any matters necessary for the effective protection of 
23 State facilities, critical infrastructure, officials, and 
24 employees from criminal threats. 
25  (11) Utilize intergovernmental agreements and 
26 administrative rules as needed for the effective, 
 
 
HB4304- 44 -LRB103 35638 RLC 65713 b


1 efficient implementation of law enforcement and support 
2 activities necessary for the protection of State 
3 facilities, State infrastructure, State employees, and, 
4 upon the express written consent of State constitutional 
5 officials, State constitutional officials. 
6(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; 
7103-564, eff. 11-17-23.)

8 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
9 Sec. 2605-45. Division of Justice Services. The Division 
10of Justice Services shall provide administrative and technical 
11services and support to the Illinois State Police, criminal 
12justice agencies, and the public and shall exercise the 
13following functions:
14  (1) Operate and maintain the Law Enforcement Agencies 
15 Data System (LEADS), a statewide, computerized 
16 telecommunications system designed to provide services, 
17 information, and capabilities to the law enforcement and 
18 criminal justice community in the State of Illinois. The 
19 Director is responsible for establishing policy, 
20 procedures, and regulations consistent with State and 
21 federal rules, policies, and law by which LEADS operates. 
22 The Director shall designate a statewide LEADS 
23 Administrator for management of the system. The Director 
24 may appoint a LEADS Advisory Policy Board to reflect the 
25 needs and desires of the law enforcement and criminal 
 
 
HB4304- 45 -LRB103 35638 RLC 65713 b


1 justice community and to make recommendations concerning 
2 policies and procedures.
3  (2) Pursue research and the publication of studies 
4 pertaining to local law enforcement activities.
5  (3) Serve as the State's point of contact for the 
6 Federal Bureau of Investigation's Uniform Crime Reporting 
7 Program and National Incident-Based Reporting System.
8  (4) Operate an electronic data processing and computer 
9 center for the storage and retrieval of data pertaining to 
10 criminal activity.
11  (5) Exercise the rights, powers, and duties vested in 
12 the Illinois State Police by the Cannabis Regulation and 
13 Tax Act and the Compassionate Use of Medical Cannabis 
14 Program Act.
15  (6) (Blank).
16  (6.5) Exercise the rights, powers, and duties vested 
17 in the Illinois State Police by the Firearm Owners 
18 Identification Card Act, the Firearm Concealed Carry Act, 
19 the Firearm Transfer Inquiry Program, the prohibited 
20 persons portal under Section 2605-304, and the Firearm 
21 Dealer License Certification Act.
22  (7) Exercise other duties that may be assigned by the 
23 Director to fulfill the responsibilities and achieve the 
24 purposes of the Illinois State Police.
25  (8) Exercise the rights, powers, and duties vested by 
26 law in the Illinois State Police by the Criminal 
 
 
HB4304- 46 -LRB103 35638 RLC 65713 b


1 Identification Act and the Illinois Uniform Conviction 
2 Information Act. 
3  (9) Exercise the powers and perform the duties that 
4 have been vested in the Illinois State Police by the 
5 Murderer and Violent Offender Against Youth Registration 
6 Act, the Sex Offender Registration Act, and the Sex 
7 Offender Community Notification Law and adopt reasonable 
8 rules necessitated thereby. 
9  (10) Serve as the State central repository for 
10 criminal history record information.
11  (11) Share all necessary information with the 
12 Concealed Carry Licensing Review Board and the Firearms 
13 Owner's Identification Card Review Board necessary for the 
14 execution of their duties. 
15(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)

16 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
17 Sec. 2605-200. Investigations of crime; enforcement of 
18laws; records; crime laboratories; personnel. 
19 (a) To do the following:
20  (1) Investigate the origins, activities, personnel, 
21 and incidents of crime and the ways and means to redress 
22 the victims of crimes; study the impact, if any, of 
23 legislation relative to the effusion of crime and growing 
24 crime rates; and enforce the criminal laws of this State 
25 related thereto.
 
 
HB4304- 47 -LRB103 35638 RLC 65713 b


1  (2) Enforce all laws regulating the production, sale, 
2 prescribing, manufacturing, administering, transporting, 
3 having in possession, dispensing, delivering, 
4 distributing, or use of controlled substances and 
5 cannabis.
6  (3) Employ skilled experts, scientists, technicians, 
7 investigators, or otherwise specially qualified persons to 
8 aid in preventing or detecting crime, apprehending 
9 criminals, or preparing and presenting evidence of 
10 violations of the criminal laws of the State.
11  (4) Cooperate with the police of cities, villages, and 
12 incorporated towns and with the police officers of any 
13 county in enforcing the laws of the State and in making 
14 arrests and recovering property.
15  (5) Apprehend and deliver up any person charged in 
16 this State or any other state of the United States with 
17 treason or a felony or other crime who has fled from 
18 justice and is found in this State.
19  (6) Conduct other investigations as provided by law.
20  (7) Be a central repository and custodian of criminal 
21 statistics for the State.
22  (8) Be a central repository for criminal history 
23 record information.
24  (9) Procure and file for record information that is 
25 necessary and helpful to plan programs of crime 
26 prevention, law enforcement, and criminal justice.
 
 
HB4304- 48 -LRB103 35638 RLC 65713 b


1  (10) Procure and file for record copies of 
2 fingerprints that may be required by law.
3  (11) Establish general and field crime laboratories.
4  (12) (Blank). Register and file for record information 
5 that may be required by law for the issuance of firearm 
6 owner's identification cards under the Firearm Owners 
7 Identification Card Act and concealed carry licenses under 
8 the Firearm Concealed Carry Act.
9  (13) Employ laboratory technicians and other specially 
10 qualified persons to aid in the identification of criminal 
11 activity and the identification, collection, and recovery 
12 of cyber forensics, including, but not limited to, digital 
13 evidence, and may employ polygraph operators and forensic 
14 anthropologists.
15  (14) Undertake other identification, information, 
16 laboratory, statistical, or registration activities that 
17 may be required by law.
18 (b) Persons exercising the powers set forth in subsection 
19(a) within the Illinois State Police are conservators of the 
20peace and as such have all the powers possessed by policemen in 
21cities and sheriffs, except that they may exercise those 
22powers anywhere in the State in cooperation with and after 
23contact with the local law enforcement officials. Those 
24persons may use false or fictitious names in the performance 
25of their duties under this Section, upon approval of the 
26Director, and shall not be subject to prosecution under the 
 
 
HB4304- 49 -LRB103 35638 RLC 65713 b


1criminal laws for that use.
2(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)

3 (20 ILCS 2605/2605-595)
4 Sec. 2605-595. State Police Firearm Services Fund.
5 (a) There is created in the State treasury a special fund 
6known as the State Police Firearm Services Fund. The Fund 
7shall receive revenue under the Firearm Concealed Carry Act 
8and , the Firearm Dealer License Certification Act, and 
9Section 5 of the Firearm Owners Identification Card Act. The 
10Fund may also receive revenue from grants, pass-through 
11grants, donations, appropriations, and any other legal source.
12 (a-5) (Blank). 
13 (b) The Illinois State Police may use moneys in the Fund to 
14finance any of its lawful purposes, mandates, functions, and 
15duties under the Firearm Owners Identification Card Act, the 
16Firearm Dealer License Certification Act, and the Firearm 
17Concealed Carry Act, including the cost of sending notices of 
18expiration of Firearm Owner's Identification Cards, concealed 
19carry licenses, the prompt and efficient processing of 
20applications under the Firearm Owners Identification Card Act 
21and the Firearm Concealed Carry Act, the improved efficiency 
22and reporting of the LEADS and federal NICS law enforcement 
23data systems, and support for investigations required under 
24these Acts and law. Any surplus funds beyond what is needed to 
25comply with the aforementioned purposes shall be used by the 
 
 
HB4304- 50 -LRB103 35638 RLC 65713 b


1Illinois State Police to improve the Law Enforcement Agencies 
2Data System (LEADS) and criminal history background check 
3system. 
4 (c) Investment income that is attributable to the 
5investment of moneys in the Fund shall be retained in the Fund 
6for the uses specified in this Section. 
7(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 
8103-363, eff. 7-28-23.)

9 (20 ILCS 2605/2605-120 rep.)
10 (20 ILCS 2605/2605-304 rep.)
11 Section 15. The Department of State Police Law of the 
12Civil Administrative Code of Illinois is amended by repealing 
13Sections 2605-120 and 2605-304.

14 Section 16. The Illinois State Police Act is amended by 
15changing Section 17b as follows:

16 (20 ILCS 2610/17b)
17 Sec. 17b. Retiring officer; purchase of service firearm 
18and police badge. The Director of the Illinois State Police 
19shall establish a policy to allow a State Police officer who is 
20honorably retiring or separating in good standing to purchase 
21either one or both of the following: (i) any State Police badge 
22previously issued to that officer; or (ii) if the officer has a 
23currently valid Firearm Owner's Identification Card, the 
 
 
HB4304- 51 -LRB103 35638 RLC 65713 b


1service firearm issued or previously issued to the officer by 
2the Illinois State Police. The cost of the firearm purchased 
3shall be the replacement value of the firearm and not the 
4firearm's fair market value.
5(Source: P.A. 102-538, eff. 8-20-21.)

6 Section 20. The Criminal Identification Act is amended by 
7changing Section 2.2 as follows:

8 (20 ILCS 2630/2.2)
9 Sec. 2.2. Notification to the Illinois State Police. Upon 
10judgment of conviction of a violation of Section 12-1, 12-2, 
1112-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or 
12the Criminal Code of 2012 when the defendant has been 
13determined, pursuant to Section 112A-11.1 of the Code of 
14Criminal Procedure of 1963, to be subject to the prohibitions 
15of 18 U.S.C. 922(g)(9), the circuit court clerk shall include 
16notification and a copy of the written determination in a 
17report of the conviction to the Illinois State Police Firearm 
18Owner's Identification Card Office to enable the Illinois 
19State Police office to perform its duties under the Firearm 
20Concealed Carry Act and Sections 4 and 8 of the Firearm Owners 
21Identification Card Act and to report that determination to 
22the Federal Bureau of Investigation to assist the Federal 
23Bureau of Investigation in identifying persons prohibited from 
24purchasing and possessing a firearm pursuant to the provisions 
 
 
HB4304- 52 -LRB103 35638 RLC 65713 b


1of 18 U.S.C. 922. The written determination described in this 
2Section shall be included in the defendant's record of arrest 
3and conviction in the manner and form prescribed by the 
4Illinois State Police. 
5(Source: P.A. 102-538, eff. 8-20-21.)

6 Section 21. The Peace Officer Fire Investigation Act is 
7amended by changing Section 1 as follows:

8 (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
9 Sec. 1. Peace officer status. 
10 (a) Any person who is a sworn member of any organized and 
11paid fire department of a political subdivision of this State 
12and is authorized to investigate fires or explosions for such 
13political subdivision and to determine the cause, origin and 
14circumstances of fires or explosions that are suspected to be 
15arson or arson-related crimes, may be classified as a peace 
16officer by the political subdivision or agency employing such 
17person. A person so classified shall possess the same powers 
18of arrest, search and seizure and the securing and service of 
19warrants as sheriffs of counties, and police officers within 
20the jurisdiction of their political subdivision. While in the 
21actual investigation and matters incident thereto, such person 
22may carry weapons as may be necessary, but only if that person 
23has satisfactorily completed (1) a training program offered or 
24approved by the Illinois Law Enforcement Training Standards 
 
 
HB4304- 53 -LRB103 35638 RLC 65713 b


1Board which substantially conforms to standards promulgated 
2pursuant to the Illinois Police Training Act and the Peace 
3Officer and Probation Officer Firearm Training Act; and (2) a 
4course in fire and arson investigation approved by the Office 
5of the State Fire Marshal pursuant to the Illinois Fire 
6Protection Training Act. Such training need not include 
7exposure to vehicle and traffic law, traffic control and crash 
8investigation, or first aid, but shall include training in the 
9law relating to the rights of persons suspected of involvement 
10in criminal activities.
11 Any person granted the powers enumerated in this 
12subsection (a) may exercise such powers only during the actual 
13investigation of the cause, origin and circumstances of such 
14fires or explosions that are suspected to be arson or 
15arson-related crimes.
16 (b) Persons employed by the Office of the State Fire 
17Marshal to conduct arson investigations shall be designated 
18State Fire Marshal Arson Investigator Special Agents and shall 
19be peace officers with all of the powers of peace officers in 
20cities and sheriffs in counties, except that they may exercise 
21those powers throughout the State. These Special Agents may 
22exercise these powers only when engaging in official duties 
23during the actual investigation of the cause, origin, and 
24circumstances of such fires or explosions that are suspected 
25to be arson or arson-related crimes and may carry weapons at 
26all times, but only if they have satisfactorily completed (1) 
 
 
HB4304- 54 -LRB103 35638 RLC 65713 b


1a training course approved by the Illinois Law Enforcement 
2Training Standards Board that substantially conforms to the 
3standards promulgated pursuant to the Peace Officer and 
4Probation Officer Firearm Training Act and (2) a course in 
5fire and arson investigation approved by the Office of the 
6State Fire Marshal pursuant to the Illinois Fire Protection 
7Training Act. Such training need not include exposure to 
8vehicle and traffic law, traffic control and crash 
9investigation, or first aid, but shall include training in the 
10law relating to the rights of persons suspected of involvement 
11in criminal activities.
12 For purposes of this subsection (b), a "State Fire Marshal 
13Arson Investigator Special Agent" does not include any fire 
14investigator, fireman, police officer, or other employee of 
15the federal government; any fire investigator, fireman, police 
16officer, or other employee of any unit of local government; or 
17any fire investigator, fireman, police officer, or other 
18employee of the State of Illinois other than an employee of the 
19Office of the State Fire Marshal assigned to investigate 
20arson. 
21 The State Fire Marshal must authorize to each employee of 
22the Office of the State Fire Marshal who is exercising the 
23powers of a peace officer a distinct badge that, on its face, 
24(i) clearly states that the badge is authorized by the Office 
25of the State Fire Marshal and (ii) contains a unique 
26identifying number. No other badge shall be authorized by the 
 
 
HB4304- 55 -LRB103 35638 RLC 65713 b


1Office of the State Fire Marshal, except that a badge, 
2different from the badge issued to peace officers, may be 
3authorized by the Office of the State Fire Marshal for the use 
4of fire prevention inspectors employed by that Office. Nothing 
5in this subsection prohibits the State Fire Marshal from 
6issuing shields or other distinctive identification to 
7employees not exercising the powers of a peace officer if the 
8State Fire Marshal determines that a shield or distinctive 
9identification is needed by the employee to carry out his or 
10her responsibilities.
11 (c) The Office of the State Fire Marshal shall establish a 
12policy to allow a State Fire Marshal Arson Investigator 
13Special Agent who is honorably retiring or separating in good 
14standing to purchase either one or both of the following: (i) 
15any badge previously issued to that State Fire Marshal Arson 
16Investigator Special Agent; or (ii) if the State Fire Marshal 
17Arson Investigator Special Agent has a currently valid Firearm 
18Owner's Identification Card, the service firearm issued or 
19previously issued to the State Fire Marshal Arson Investigator 
20Special Agent by the Office of the State Fire Marshal. The cost 
21of the firearm purchased shall be the replacement value of the 
22firearm and not the firearm's fair market value. All funds 
23received by the agency under this program shall be deposited 
24into the Fire Prevention Fund. 
25(Source: P.A. 102-982, eff. 7-1-23.)

 
 
HB4304- 56 -LRB103 35638 RLC 65713 b


1 Section 22. The Illinois Criminal Justice Information Act 
2is amended by changing Section 7.9 as follows:

3 (20 ILCS 3930/7.9)
4 (Section scheduled to be repealed on July 1, 2027)
5 Sec. 7.9. Firearm Prohibitors and Records Improvement Task 
6Force.
7 (a) As used in this Section, "firearms prohibitor" means 
8any factor listed in Section 4 of the Firearm Owners 
9Identification Card Act or Section 24-3 or 24-3.1 of the 
10Criminal Code of 2012 that prohibits a person from 
11transferring or possessing a firearm, firearm ammunition, 
12Firearm Owner's Identification Card, or concealed carry 
13license. 
14 (b) The Firearm Prohibitors and Records Improvement Task 
15Force is created to identify and research all available 
16grants, resources, and revenue that may be applied for and 
17used by all entities responsible for reporting federal and 
18State firearm prohibitors to the Illinois State Police and the 
19National Instant Criminal Background Check System. These Under 
20the Firearm Owners Identification Card Act, these reporting 
21entities include, but are not limited to, hospitals, courts, 
22law enforcement and corrections. The Task Force shall identify 
23weaknesses in reporting and recommend a strategy to direct 
24resources and revenue to ensuring reporting is reliable, 
25accurate, and timely. The Task Force shall inventory all 
 
 
HB4304- 57 -LRB103 35638 RLC 65713 b


1statutorily mandated firearm and gun violence related data 
2collection and reporting requirements, along with the agency 
3responsible for collecting that data, and identify gaps in 
4those requirements. The Task Force shall submit a coordinated 
5application with and through the Illinois Criminal Justice 
6Information Authority for federal funds from the National 
7Criminal History Improvement Program and the NICS Acts Record 
8Improvement Program. The Firearm Prohibitors and Records 
9Improvement Task Force shall be comprised of the following 
10members, all of whom shall serve without compensation:
11  (1) the Executive Director of the Illinois Criminal 
12 Justice Information Authority, who shall serve as Chair;
13  (2) the Director of the Illinois State Police, or his 
14 or her designee;
15  (3) the Secretary of Human Services, or his or her 
16 designee;
17  (4) the Director of Corrections, or his or her 
18 designee;
19  (5) the Attorney General, or his or her designee;
20  (6) the Director of the Administrative Office of the 
21 Illinois Courts, or his or her designee; 
22  (7) a representative of an association representing 
23 circuit clerks appointed by the President of the Senate;
24  (8) a representative of an association representing 
25 sheriffs appointed by the House Minority Leader;
26  (9) a representative of an association representing 
 
 
HB4304- 58 -LRB103 35638 RLC 65713 b


1 State's Attorneys appointed by the House Minority Leader;
2  (10) a representative of an association representing 
3 chiefs of police appointed by the Senate Minority Leader;
4  (11) a representative of an association representing 
5 hospitals appointed by the Speaker of the House of 
6 Representatives;
7  (12) a representative of an association representing 
8 counties appointed by the President of the Senate; and
9  (13) a representative of an association representing 
10 municipalities appointed by the Speaker of the House of 
11 Representatives.
12 (c) The Illinois Criminal Justice Information Authority 
13shall provide administrative and other support to the Task 
14Force. The Illinois State Police Division of Justice Services 
15shall also provide support to the Illinois Criminal Justice 
16Information Authority and the Task Force.
17 (d) The Task Force may meet in person or virtually and 
18shall issue a written report of its findings and 
19recommendations to General Assembly on or before July 1, 2022. 
20The Task Force shall issue an annual report, which shall 
21include information on the state of FOID data, including a 
22review of previous activity by the Task Force to close 
23previously identified gaps; identifying known (or new) gaps; a 
24proposal of policy and practice recommendations to close those 
25gaps; and a preview of expected activities of the Task Force 
26for the coming year.
 
 
HB4304- 59 -LRB103 35638 RLC 65713 b


1 (e) Within 60 days of the effective date of this 
2amendatory Act of the 102nd General Assembly, the Chair shall 
3establish the Task Force.
4 (f) This Section is repealed on July 1, 2027.
5(Source: P.A. 102-237, eff. 1-1-22.)

6 Section 25. The State Finance Act is amended by changing 
7Sections 6z-99 and 6z-127 as follows:

8 (30 ILCS 105/6z-99)
9 Sec. 6z-99. The Mental Health Reporting Fund.
10 (a) There is created in the State treasury a special fund 
11known as the Mental Health Reporting Fund. The Fund shall 
12receive revenue under the Firearm Concealed Carry Act. The 
13Fund may also receive revenue from grants, pass-through 
14grants, donations, appropriations, and any other legal source.
15 (b) The Illinois State Police and Department of Human 
16Services shall coordinate to use moneys in the Fund to finance 
17their respective duties of collecting and reporting data on 
18mental health records and ensuring that mental health firearm 
19possession prohibitors are enforced as set forth under the 
20Firearm Concealed Carry Act and the Firearm Owners 
21Identification Card Act. Any surplus in the Fund beyond what 
22is necessary to ensure compliance with mental health reporting 
23under that Act these Acts shall be used by the Department of 
24Human Services for mental health treatment programs as 
 
 
HB4304- 60 -LRB103 35638 RLC 65713 b


1follows: (1) 50% shall be used to fund community-based mental 
2health programs aimed at reducing gun violence, community 
3integration and education, or mental health awareness and 
4prevention, including administrative costs; and (2) 50% shall 
5be used to award grants that use and promote the National 
6School Mental Health Curriculum model for school-based mental 
7health support, integration, and services.
8 (c) Investment income that is attributable to the 
9investment of moneys in the Fund shall be retained in the Fund 
10for the uses specified in this Section.
11(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
12102-813, eff. 5-13-22.)

13 (30 ILCS 105/6z-127)
14 Sec. 6z-127. State Police Revocation Enforcement Fund.
15 (a) The State Police Revocation Enforcement Fund is 
16established as a special fund in the State treasury. This Fund 
17is established to receive moneys from the Firearm Owners 
18Identification Card Act to enforce that Act, the Firearm 
19Concealed Carry Act, Article 24 of the Criminal Code of 2012, 
20and other firearm offenses. The Fund may also receive revenue 
21from grants, donations, appropriations, and any other legal 
22source.
23 (b) The Illinois State Police may use moneys from the Fund 
24to establish task forces and, if necessary, include other law 
25enforcement agencies, under intergovernmental contracts 
 
 
HB4304- 61 -LRB103 35638 RLC 65713 b


1written and executed in conformity with the Intergovernmental 
2Cooperation Act.
3 (c) The Illinois State Police may use moneys in the Fund to 
4hire and train State Police officers and for the prevention of 
5violent crime.
6 (d) The State Police Revocation Enforcement Fund is not 
7subject to administrative chargebacks.
8 (e) (Blank). Law enforcement agencies that participate in 
9Firearm Owner's Identification Card revocation enforcement in 
10the Violent Crime Intelligence Task Force may apply for grants 
11from the Illinois State Police.
12 (f) Any surplus in the Fund beyond what is necessary to 
13ensure compliance with subsections (a) through (e) or moneys 
14that are specifically appropriated for those purposes shall be 
15used by the Illinois State Police to award grants to assist 
16with the data reporting requirements of the Gun Trafficking 
17Information Act. 
18(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22; 
19103-34, eff. 6-9-23.)

20 Section 25.5. The Illinois Procurement Code is amended by 
21changing Section 1-10 as follows:

22 (30 ILCS 500/1-10)
23 Sec. 1-10. Application. 
24 (a) This Code applies only to procurements for which 
 
 
HB4304- 62 -LRB103 35638 RLC 65713 b


1bidders, offerors, potential contractors, or contractors were 
2first solicited on or after July 1, 1998. This Code shall not 
3be construed to affect or impair any contract, or any 
4provision of a contract, entered into based on a solicitation 
5prior to the implementation date of this Code as described in 
6Article 99, including, but not limited to, any covenant 
7entered into with respect to any revenue bonds or similar 
8instruments. All procurements for which contracts are 
9solicited between the effective date of Articles 50 and 99 and 
10July 1, 1998 shall be substantially in accordance with this 
11Code and its intent.
12 (b) This Code shall apply regardless of the source of the 
13funds with which the contracts are paid, including federal 
14assistance moneys. This Code shall not apply to:
15  (1) Contracts between the State and its political 
16 subdivisions or other governments, or between State 
17 governmental bodies, except as specifically provided in 
18 this Code.
19  (2) Grants, except for the filing requirements of 
20 Section 20-80.
21  (3) Purchase of care, except as provided in Section 
22 5-30.6 of the Illinois Public Aid Code and this Section.
23  (4) Hiring of an individual as an employee and not as 
24 an independent contractor, whether pursuant to an 
25 employment code or policy or by contract directly with 
26 that individual.
 
 
HB4304- 63 -LRB103 35638 RLC 65713 b


1  (5) Collective bargaining contracts.
2  (6) Purchase of real estate, except that notice of 
3 this type of contract with a value of more than $25,000 
4 must be published in the Procurement Bulletin within 10 
5 calendar days after the deed is recorded in the county of 
6 jurisdiction. The notice shall identify the real estate 
7 purchased, the names of all parties to the contract, the 
8 value of the contract, and the effective date of the 
9 contract.
10  (7) Contracts necessary to prepare for anticipated 
11 litigation, enforcement actions, or investigations, 
12 provided that the chief legal counsel to the Governor 
13 shall give his or her prior approval when the procuring 
14 agency is one subject to the jurisdiction of the Governor, 
15 and provided that the chief legal counsel of any other 
16 procuring entity subject to this Code shall give his or 
17 her prior approval when the procuring entity is not one 
18 subject to the jurisdiction of the Governor.
19  (8) (Blank).
20  (9) Procurement expenditures by the Illinois 
21 Conservation Foundation when only private funds are used.
22  (10) (Blank). 
23  (11) Public-private agreements entered into according 
24 to the procurement requirements of Section 20 of the 
25 Public-Private Partnerships for Transportation Act and 
26 design-build agreements entered into according to the 
 
 
HB4304- 64 -LRB103 35638 RLC 65713 b


1 procurement requirements of Section 25 of the 
2 Public-Private Partnerships for Transportation Act.
3  (12) (A) Contracts for legal, financial, and other 
4 professional and artistic services entered into by the 
5 Illinois Finance Authority in which the State of Illinois 
6 is not obligated. Such contracts shall be awarded through 
7 a competitive process authorized by the members of the 
8 Illinois Finance Authority and are subject to Sections 
9 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, 
10 as well as the final approval by the members of the 
11 Illinois Finance Authority of the terms of the contract.
12  (B) Contracts for legal and financial services entered 
13 into by the Illinois Housing Development Authority in 
14 connection with the issuance of bonds in which the State 
15 of Illinois is not obligated. Such contracts shall be 
16 awarded through a competitive process authorized by the 
17 members of the Illinois Housing Development Authority and 
18 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, 
19 and 50-37 of this Code, as well as the final approval by 
20 the members of the Illinois Housing Development Authority 
21 of the terms of the contract. 
22  (13) Contracts for services, commodities, and 
23 equipment to support the delivery of timely forensic 
24 science services in consultation with and subject to the 
25 approval of the Chief Procurement Officer as provided in 
26 subsection (d) of Section 5-4-3a of the Unified Code of 
 
 
HB4304- 65 -LRB103 35638 RLC 65713 b


1 Corrections, except for the requirements of Sections 
2 20-60, 20-65, 20-70, and 20-160 and Article 50 of this 
3 Code; however, the Chief Procurement Officer may, in 
4 writing with justification, waive any certification 
5 required under Article 50 of this Code. For any contracts 
6 for services which are currently provided by members of a 
7 collective bargaining agreement, the applicable terms of 
8 the collective bargaining agreement concerning 
9 subcontracting shall be followed.
10  On and after January 1, 2019, this paragraph (13), 
11 except for this sentence, is inoperative. 
12  (14) Contracts for participation expenditures required 
13 by a domestic or international trade show or exhibition of 
14 an exhibitor, member, or sponsor.
15  (15) Contracts with a railroad or utility that 
16 requires the State to reimburse the railroad or utilities 
17 for the relocation of utilities for construction or other 
18 public purpose. Contracts included within this paragraph 
19 (15) shall include, but not be limited to, those 
20 associated with: relocations, crossings, installations, 
21 and maintenance. For the purposes of this paragraph (15), 
22 "railroad" means any form of non-highway ground 
23 transportation that runs on rails or electromagnetic 
24 guideways and "utility" means: (1) public utilities as 
25 defined in Section 3-105 of the Public Utilities Act, (2) 
26 telecommunications carriers as defined in Section 13-202 
 
 
HB4304- 66 -LRB103 35638 RLC 65713 b


1 of the Public Utilities Act, (3) electric cooperatives as 
2 defined in Section 3.4 of the Electric Supplier Act, (4) 
3 telephone or telecommunications cooperatives as defined in 
4 Section 13-212 of the Public Utilities Act, (5) rural 
5 water or waste water systems with 10,000 connections or 
6 less, (6) a holder as defined in Section 21-201 of the 
7 Public Utilities Act, and (7) municipalities owning or 
8 operating utility systems consisting of public utilities 
9 as that term is defined in Section 11-117-2 of the 
10 Illinois Municipal Code. 
11  (16) Procurement expenditures necessary for the 
12 Department of Public Health to provide the delivery of 
13 timely newborn screening services in accordance with the 
14 Newborn Metabolic Screening Act. 
15  (17) Procurement expenditures necessary for the 
16 Department of Agriculture, the Department of Financial and 
17 Professional Regulation, the Department of Human Services, 
18 and the Department of Public Health to implement the 
19 Compassionate Use of Medical Cannabis Program and Opioid 
20 Alternative Pilot Program requirements and ensure access 
21 to medical cannabis for patients with debilitating medical 
22 conditions in accordance with the Compassionate Use of 
23 Medical Cannabis Program Act.
24  (18) This Code does not apply to any procurements 
25 necessary for the Department of Agriculture, the 
26 Department of Financial and Professional Regulation, the 
 
 
HB4304- 67 -LRB103 35638 RLC 65713 b


1 Department of Human Services, the Department of Commerce 
2 and Economic Opportunity, and the Department of Public 
3 Health to implement the Cannabis Regulation and Tax Act if 
4 the applicable agency has made a good faith determination 
5 that it is necessary and appropriate for the expenditure 
6 to fall within this exemption and if the process is 
7 conducted in a manner substantially in accordance with the 
8 requirements of Sections 20-160, 25-60, 30-22, 50-5, 
9 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
10 50-36, 50-37, 50-38, and 50-50 of this Code; however, for 
11 Section 50-35, compliance applies only to contracts or 
12 subcontracts over $100,000. Notice of each contract 
13 entered into under this paragraph (18) that is related to 
14 the procurement of goods and services identified in 
15 paragraph (1) through (9) of this subsection shall be 
16 published in the Procurement Bulletin within 14 calendar 
17 days after contract execution. The Chief Procurement 
18 Officer shall prescribe the form and content of the 
19 notice. Each agency shall provide the Chief Procurement 
20 Officer, on a monthly basis, in the form and content 
21 prescribed by the Chief Procurement Officer, a report of 
22 contracts that are related to the procurement of goods and 
23 services identified in this subsection. At a minimum, this 
24 report shall include the name of the contractor, a 
25 description of the supply or service provided, the total 
26 amount of the contract, the term of the contract, and the 
 
 
HB4304- 68 -LRB103 35638 RLC 65713 b


1 exception to this Code utilized. A copy of any or all of 
2 these contracts shall be made available to the Chief 
3 Procurement Officer immediately upon request. The Chief 
4 Procurement Officer shall submit a report to the Governor 
5 and General Assembly no later than November 1 of each year 
6 that includes, at a minimum, an annual summary of the 
7 monthly information reported to the Chief Procurement 
8 Officer. This exemption becomes inoperative 5 years after 
9 June 25, 2019 (the effective date of Public Act 101-27).
10  (19) Acquisition of modifications or adjustments, 
11 limited to assistive technology devices and assistive 
12 technology services, adaptive equipment, repairs, and 
13 replacement parts to provide reasonable accommodations (i) 
14 that enable a qualified applicant with a disability to 
15 complete the job application process and be considered for 
16 the position such qualified applicant desires, (ii) that 
17 modify or adjust the work environment to enable a 
18 qualified current employee with a disability to perform 
19 the essential functions of the position held by that 
20 employee, (iii) to enable a qualified current employee 
21 with a disability to enjoy equal benefits and privileges 
22 of employment as are enjoyed by other similarly situated 
23 employees without disabilities, and (iv) that allow a 
24 customer, client, claimant, or member of the public 
25 seeking State services full use and enjoyment of and 
26 access to its programs, services, or benefits. 
 
 
HB4304- 69 -LRB103 35638 RLC 65713 b


1  For purposes of this paragraph (19):
2  "Assistive technology devices" means any item, piece 
3 of equipment, or product system, whether acquired 
4 commercially off the shelf, modified, or customized, that 
5 is used to increase, maintain, or improve functional 
6 capabilities of individuals with disabilities.
7  "Assistive technology services" means any service that 
8 directly assists an individual with a disability in 
9 selection, acquisition, or use of an assistive technology 
10 device.
11  "Qualified" has the same meaning and use as provided 
12 under the federal Americans with Disabilities Act when 
13 describing an individual with a disability. 
14  (20) Procurement expenditures necessary for the 
15 Illinois Commerce Commission to hire third-party 
16 facilitators pursuant to Sections 16-105.17 and 16-108.18 
17 of the Public Utilities Act or an ombudsman pursuant to 
18 Section 16-107.5 of the Public Utilities Act, a 
19 facilitator pursuant to Section 16-105.17 of the Public 
20 Utilities Act, or a grid auditor pursuant to Section 
21 16-105.10 of the Public Utilities Act. 
22  (21) Procurement expenditures for the purchase, 
23 renewal, and expansion of software, software licenses, or 
24 software maintenance agreements that support the efforts 
25 of the Illinois State Police to enforce, regulate, and 
26 administer the Firearm Owners Identification Card Act, the 
 
 
HB4304- 70 -LRB103 35638 RLC 65713 b


1 Firearm Concealed Carry Act, the Firearms Restraining 
2 Order Act, the Firearm Dealer License Certification Act, 
3 the Law Enforcement Agencies Data System (LEADS), the 
4 Uniform Crime Reporting Act, the Criminal Identification 
5 Act, the Illinois Uniform Conviction Information Act, and 
6 the Gun Trafficking Information Act, or establish or 
7 maintain record management systems necessary to conduct 
8 human trafficking investigations or gun trafficking or 
9 other stolen firearm investigations. This paragraph (21) 
10 applies to contracts entered into on or after January 10, 
11 2023 (the effective date of Public Act 102-1116) this 
12 amendatory Act of the 102nd General Assembly and the 
13 renewal of contracts that are in effect on January 10, 
14 2023 (the effective date of Public Act 102-1116) this 
15 amendatory Act of the 102nd General Assembly. 
16  (22) Contracts for project management services and 
17 system integration services required for the completion of 
18 the State's enterprise resource planning project. This 
19 exemption becomes inoperative 5 years after June 7, 2023 
20 (the effective date of the changes made to this Section by 
21 Public Act 103-8) this amendatory Act of the 103rd General 
22 Assembly. This paragraph (22) applies to contracts entered 
23 into on or after June 7, 2023 (the effective date of the 
24 changes made to this Section by Public Act 103-8) this 
25 amendatory Act of the 103rd General Assembly and the 
26 renewal of contracts that are in effect on June 7, 2023 
 
 
HB4304- 71 -LRB103 35638 RLC 65713 b


1 (the effective date of the changes made to this Section by 
2 Public Act 103-8) this amendatory Act of the 103rd General 
3 Assembly. 
4  (23) (22) Procurements necessary for the Department of 
5 Insurance to implement the Illinois Health Benefits 
6 Exchange Law if the Department of Insurance has made a 
7 good faith determination that it is necessary and 
8 appropriate for the expenditure to fall within this 
9 exemption. The procurement process shall be conducted in a 
10 manner substantially in accordance with the requirements 
11 of Sections 20-160 and 25-60 and Article 50 of this Code. A 
12 copy of these contracts shall be made available to the 
13 Chief Procurement Officer immediately upon request. This 
14 paragraph is inoperative 5 years after June 27, 2023 (the 
15 effective date of Public Act 103-103) this amendatory Act 
16 of the 103rd General Assembly. 
17 Notwithstanding any other provision of law, for contracts 
18with an annual value of more than $100,000 entered into on or 
19after October 1, 2017 under an exemption provided in any 
20paragraph of this subsection (b), except paragraph (1), (2), 
21or (5), each State agency shall post to the appropriate 
22procurement bulletin the name of the contractor, a description 
23of the supply or service provided, the total amount of the 
24contract, the term of the contract, and the exception to the 
25Code utilized. The chief procurement officer shall submit a 
26report to the Governor and General Assembly no later than 
 
 
HB4304- 72 -LRB103 35638 RLC 65713 b


1November 1 of each year that shall include, at a minimum, an 
2annual summary of the monthly information reported to the 
3chief procurement officer. 
4 (c) This Code does not apply to the electric power 
5procurement process provided for under Section 1-75 of the 
6Illinois Power Agency Act and Section 16-111.5 of the Public 
7Utilities Act.
8 (d) Except for Section 20-160 and Article 50 of this Code, 
9and as expressly required by Section 9.1 of the Illinois 
10Lottery Law, the provisions of this Code do not apply to the 
11procurement process provided for under Section 9.1 of the 
12Illinois Lottery Law. 
13 (e) This Code does not apply to the process used by the 
14Capital Development Board to retain a person or entity to 
15assist the Capital Development Board with its duties related 
16to the determination of costs of a clean coal SNG brownfield 
17facility, as defined by Section 1-10 of the Illinois Power 
18Agency Act, as required in subsection (h-3) of Section 9-220 
19of the Public Utilities Act, including calculating the range 
20of capital costs, the range of operating and maintenance 
21costs, or the sequestration costs or monitoring the 
22construction of clean coal SNG brownfield facility for the 
23full duration of construction.
24 (f) (Blank). 
25 (g) (Blank).
26 (h) This Code does not apply to the process to procure or 
 
 
HB4304- 73 -LRB103 35638 RLC 65713 b


1contracts entered into in accordance with Sections 11-5.2 and 
211-5.3 of the Illinois Public Aid Code. 
3 (i) Each chief procurement officer may access records 
4necessary to review whether a contract, purchase, or other 
5expenditure is or is not subject to the provisions of this 
6Code, unless such records would be subject to attorney-client 
7privilege. 
8 (j) This Code does not apply to the process used by the 
9Capital Development Board to retain an artist or work or works 
10of art as required in Section 14 of the Capital Development 
11Board Act. 
12 (k) This Code does not apply to the process to procure 
13contracts, or contracts entered into, by the State Board of 
14Elections or the State Electoral Board for hearing officers 
15appointed pursuant to the Election Code. 
16 (l) This Code does not apply to the processes used by the 
17Illinois Student Assistance Commission to procure supplies and 
18services paid for from the private funds of the Illinois 
19Prepaid Tuition Fund. As used in this subsection (l), "private 
20funds" means funds derived from deposits paid into the 
21Illinois Prepaid Tuition Trust Fund and the earnings thereon. 
22 (m) This Code shall apply regardless of the source of 
23funds with which contracts are paid, including federal 
24assistance moneys. Except as specifically provided in this 
25Code, this Code shall not apply to procurement expenditures 
26necessary for the Department of Public Health to conduct the 
 
 
HB4304- 74 -LRB103 35638 RLC 65713 b


1Healthy Illinois Survey in accordance with Section 2310-431 of 
2the Department of Public Health Powers and Duties Law of the 
3Civil Administrative Code of Illinois. 
4(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; 
5102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. 
69-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 
7102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. 
86-27-23; revised 9-5-23.)

9 Section 26. The Intergovernmental Drug Laws Enforcement 
10Act is amended by changing Section 3 as follows:

11 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
12 Sec. 3. A Metropolitan Enforcement Group which meets the 
13minimum criteria established in this Section is eligible to 
14receive State grants to help defray the costs of operation. To 
15be eligible a MEG must:
16  (1) Be established and operating pursuant to 
17 intergovernmental contracts written and executed in 
18 conformity with the Intergovernmental Cooperation Act, and 
19 involve 2 or more units of local government.
20  (2) Establish a MEG Policy Board composed of an 
21 elected official, or his designee, and the chief law 
22 enforcement officer, or his designee, from each 
23 participating unit of local government to oversee the 
24 operations of the MEG and make such reports to the 
 
 
HB4304- 75 -LRB103 35638 RLC 65713 b


1 Illinois State Police as the Illinois State Police may 
2 require.
3  (3) Designate a single appropriate elected official of 
4 a participating unit of local government to act as the 
5 financial officer of the MEG for all participating units 
6 of local government and to receive funds for the operation 
7 of the MEG.
8  (4) Limit its operations to enforcement of drug laws; 
9 enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2, 
10 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3, 
11 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, 
12 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code 
13 of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm 
14 Owners Identification Card Act; and the investigation of 
15 streetgang related offenses.
16  (5) Cooperate with the Illinois State Police in order 
17 to assure compliance with this Act and to enable the 
18 Illinois State Police to fulfill its duties under this 
19 Act, and supply the Illinois State Police with all 
20 information the Illinois State Police deems necessary 
21 therefor.
22  (6) Receive funding of at least 50% of the total 
23 operating budget of the MEG from the participating units 
24 of local government.
25(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
26102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

 
 
HB4304- 76 -LRB103 35638 RLC 65713 b


1 Section 30. The Peace Officer Firearm Training Act is 
2amended by changing Section 1 as follows:

3 (50 ILCS 710/1) (from Ch. 85, par. 515)
4 Sec. 1. Definitions. As used in this Act: 
5 (a) "Peace officer" means (i) any person who by virtue of 
6his office or public employment is vested by law with a primary 
7duty to maintain public order or to make arrests for offenses, 
8whether that duty extends to all offenses or is limited to 
9specific offenses, and who is employed in such capacity by any 
10county or municipality or (ii) any retired law enforcement 
11officers qualified under federal law to carry a concealed 
12weapon. 
13 (a-5) "Probation officer" means a county probation officer 
14authorized by the Chief Judge of the Circuit Court to carry a 
15firearm as part of his or her duties under Section 12 of the 
16Probation and Probation Officers Act and Section 24-2 of the 
17Criminal Code of 2012. 
18 (b) "Firearms" means any weapon or device defined as a 
19firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of 
20"An Act relating to the acquisition, possession and transfer 
21of firearms and firearm ammunition, to provide a penalty for 
22the violation thereof and to make an appropriation in 
23connection therewith", approved August 3, 1967, as amended.
24(Source: P.A. 98-725, eff. 1-1-15.)

 
 
HB4304- 77 -LRB103 35638 RLC 65713 b


1 Section 31. The Counties Code is amended by changing 
2Section 3-6042 as follows:

3 (55 ILCS 5/3-6042)
4 Sec. 3-6042. Retiring employee; purchase of service 
5firearm and badge. Each Sheriff shall establish a program to 
6allow an employee of the Sheriff's Department who is honorably 
7retiring in good standing to purchase either one or both of the 
8following: (1) any badge previously issued to the employee by 
9the Sheriff's Department; or (2) if the employee has a 
10currently valid Firearm Owner's Identification Card, the 
11service firearm issued or previously issued to the employee by 
12the Sheriff's Department. The badge must be permanently and 
13conspicuously marked in such a manner that the individual who 
14possesses the badge is not mistaken for an actively serving 
15law enforcement officer. The cost of the firearm shall be the 
16replacement value of the firearm and not the firearm's fair 
17market value.
18(Source: P.A. 102-719, eff. 5-6-22.)

19 Section 35. The School Code is amended by changing 
20Sections 10-22.6, 10-27.1A and 34-8.05 as follows:

21 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
22 (Text of Section before amendment by P.A. 102-466)
 
 
HB4304- 78 -LRB103 35638 RLC 65713 b


1 Sec. 10-22.6. Suspension or expulsion of pupils; school 
2searches. 
3 (a) To expel pupils guilty of gross disobedience or 
4misconduct, including gross disobedience or misconduct 
5perpetuated by electronic means, pursuant to subsection (b-20) 
6of this Section, and no action shall lie against them for such 
7expulsion. Expulsion shall take place only after the parents 
8have been requested to appear at a meeting of the board, or 
9with a hearing officer appointed by it, to discuss their 
10child's behavior. Such request shall be made by registered or 
11certified mail and shall state the time, place and purpose of 
12the meeting. The board, or a hearing officer appointed by it, 
13at such meeting shall state the reasons for dismissal and the 
14date on which the expulsion is to become effective. If a 
15hearing officer is appointed by the board, he shall report to 
16the board a written summary of the evidence heard at the 
17meeting and the board may take such action thereon as it finds 
18appropriate. If the board acts to expel a pupil, the written 
19expulsion decision shall detail the specific reasons why 
20removing the pupil from the learning environment is in the 
21best interest of the school. The expulsion decision shall also 
22include a rationale as to the specific duration of the 
23expulsion. An expelled pupil may be immediately transferred to 
24an alternative program in the manner provided in Article 13A 
25or 13B of this Code. A pupil must not be denied transfer 
26because of the expulsion, except in cases in which such 
 
 
HB4304- 79 -LRB103 35638 RLC 65713 b


1transfer is deemed to cause a threat to the safety of students 
2or staff in the alternative program.
3 (b) To suspend or by policy to authorize the 
4superintendent of the district or the principal, assistant 
5principal, or dean of students of any school to suspend pupils 
6guilty of gross disobedience or misconduct, or to suspend 
7pupils guilty of gross disobedience or misconduct on the 
8school bus from riding the school bus, pursuant to subsections 
9(b-15) and (b-20) of this Section, and no action shall lie 
10against them for such suspension. The board may by policy 
11authorize the superintendent of the district or the principal, 
12assistant principal, or dean of students of any school to 
13suspend pupils guilty of such acts for a period not to exceed 
1410 school days. If a pupil is suspended due to gross 
15disobedience or misconduct on a school bus, the board may 
16suspend the pupil in excess of 10 school days for safety 
17reasons. 
18 Any suspension shall be reported immediately to the 
19parents or guardian of a pupil along with a full statement of 
20the reasons for such suspension and a notice of their right to 
21a review. The school board must be given a summary of the 
22notice, including the reason for the suspension and the 
23suspension length. Upon request of the parents or guardian, 
24the school board or a hearing officer appointed by it shall 
25review such action of the superintendent or principal, 
26assistant principal, or dean of students. At such review, the 
 
 
HB4304- 80 -LRB103 35638 RLC 65713 b


1parents or guardian of the pupil may appear and discuss the 
2suspension with the board or its hearing officer. If a hearing 
3officer is appointed by the board, he shall report to the board 
4a written summary of the evidence heard at the meeting. After 
5its hearing or upon receipt of the written report of its 
6hearing officer, the board may take such action as it finds 
7appropriate. If a student is suspended pursuant to this 
8subsection (b), the board shall, in the written suspension 
9decision, detail the specific act of gross disobedience or 
10misconduct resulting in the decision to suspend. The 
11suspension decision shall also include a rationale as to the 
12specific duration of the suspension. A pupil who is suspended 
13in excess of 20 school days may be immediately transferred to 
14an alternative program in the manner provided in Article 13A 
15or 13B of this Code. A pupil must not be denied transfer 
16because of the suspension, except in cases in which such 
17transfer is deemed to cause a threat to the safety of students 
18or staff in the alternative program.
19 (b-5) Among the many possible disciplinary interventions 
20and consequences available to school officials, school 
21exclusions, such as out-of-school suspensions and expulsions, 
22are the most serious. School officials shall limit the number 
23and duration of expulsions and suspensions to the greatest 
24extent practicable, and it is recommended that they use them 
25only for legitimate educational purposes. To ensure that 
26students are not excluded from school unnecessarily, it is 
 
 
HB4304- 81 -LRB103 35638 RLC 65713 b


1recommended that school officials consider forms of 
2non-exclusionary discipline prior to using out-of-school 
3suspensions or expulsions.
4 (b-10) Unless otherwise required by federal law or this 
5Code, school boards may not institute zero-tolerance policies 
6by which school administrators are required to suspend or 
7expel students for particular behaviors.
8 (b-15) Out-of-school suspensions of 3 days or less may be 
9used only if the student's continuing presence in school would 
10pose a threat to school safety or a disruption to other 
11students' learning opportunities. For purposes of this 
12subsection (b-15), "threat to school safety or a disruption to 
13other students' learning opportunities" shall be determined on 
14a case-by-case basis by the school board or its designee. 
15School officials shall make all reasonable efforts to resolve 
16such threats, address such disruptions, and minimize the 
17length of suspensions to the greatest extent practicable.
18 (b-20) Unless otherwise required by this Code, 
19out-of-school suspensions of longer than 3 days, expulsions, 
20and disciplinary removals to alternative schools may be used 
21only if other appropriate and available behavioral and 
22disciplinary interventions have been exhausted and the 
23student's continuing presence in school would either (i) pose 
24a threat to the safety of other students, staff, or members of 
25the school community or (ii) substantially disrupt, impede, or 
26interfere with the operation of the school. For purposes of 
 
 
HB4304- 82 -LRB103 35638 RLC 65713 b


1this subsection (b-20), "threat to the safety of other 
2students, staff, or members of the school community" and 
3"substantially disrupt, impede, or interfere with the 
4operation of the school" shall be determined on a case-by-case 
5basis by school officials. For purposes of this subsection 
6(b-20), the determination of whether "appropriate and 
7available behavioral and disciplinary interventions have been 
8exhausted" shall be made by school officials. School officials 
9shall make all reasonable efforts to resolve such threats, 
10address such disruptions, and minimize the length of student 
11exclusions to the greatest extent practicable. Within the 
12suspension decision described in subsection (b) of this 
13Section or the expulsion decision described in subsection (a) 
14of this Section, it shall be documented whether other 
15interventions were attempted or whether it was determined that 
16there were no other appropriate and available interventions.
17 (b-25) Students who are suspended out-of-school for longer 
18than 4 school days shall be provided appropriate and available 
19support services during the period of their suspension. For 
20purposes of this subsection (b-25), "appropriate and available 
21support services" shall be determined by school authorities. 
22Within the suspension decision described in subsection (b) of 
23this Section, it shall be documented whether such services are 
24to be provided or whether it was determined that there are no 
25such appropriate and available services.
26 A school district may refer students who are expelled to 
 
 
HB4304- 83 -LRB103 35638 RLC 65713 b


1appropriate and available support services.
2 A school district shall create a policy to facilitate the 
3re-engagement of students who are suspended out-of-school, 
4expelled, or returning from an alternative school setting.
5 (b-30) A school district shall create a policy by which 
6suspended pupils, including those pupils suspended from the 
7school bus who do not have alternate transportation to school, 
8shall have the opportunity to make up work for equivalent 
9academic credit. It shall be the responsibility of a pupil's 
10parent or guardian to notify school officials that a pupil 
11suspended from the school bus does not have alternate 
12transportation to school. 
13 (c) A school board must invite a representative from a 
14local mental health agency to consult with the board at the 
15meeting whenever there is evidence that mental illness may be 
16the cause of a student's expulsion or suspension.
17 (c-5) School districts shall make reasonable efforts to 
18provide ongoing professional development to teachers, 
19administrators, school board members, school resource 
20officers, and staff on the adverse consequences of school 
21exclusion and justice-system involvement, effective classroom 
22management strategies, culturally responsive discipline, the 
23appropriate and available supportive services for the 
24promotion of student attendance and engagement, and 
25developmentally appropriate disciplinary methods that promote 
26positive and healthy school climates. 
 
 
HB4304- 84 -LRB103 35638 RLC 65713 b


1 (d) The board may expel a student for a definite period of 
2time not to exceed 2 calendar years, as determined on a 
3case-by-case basis. A student who is determined to have 
4brought one of the following objects to school, any 
5school-sponsored activity or event, or any activity or event 
6that bears a reasonable relationship to school shall be 
7expelled for a period of not less than one year:
8  (1) A firearm. For the purposes of this Section, 
9 "firearm" means any gun, rifle, shotgun, weapon as defined 
10 by Section 921 of Title 18 of the United States Code, 
11 firearm as defined in Section 2-7.5 1.1 of the Firearm 
12 Owners Identification Card Act, or firearm as defined in 
13 Section 24-1 of the Criminal Code of 2012. The expulsion 
14 period under this subdivision (1) may be modified by the 
15 superintendent, and the superintendent's determination may 
16 be modified by the board on a case-by-case basis.
17  (2) A knife, brass knuckles or other knuckle weapon 
18 regardless of its composition, a billy club, or any other 
19 object if used or attempted to be used to cause bodily 
20 harm, including "look alikes" of any firearm as defined in 
21 subdivision (1) of this subsection (d). The expulsion 
22 requirement under this subdivision (2) may be modified by 
23 the superintendent, and the superintendent's determination 
24 may be modified by the board on a case-by-case basis. 
25Expulsion or suspension shall be construed in a manner 
26consistent with the federal Individuals with Disabilities 
 
 
HB4304- 85 -LRB103 35638 RLC 65713 b


1Education Act. A student who is subject to suspension or 
2expulsion as provided in this Section may be eligible for a 
3transfer to an alternative school program in accordance with 
4Article 13A of the School Code.
5 (d-5) The board may suspend or by regulation authorize the 
6superintendent of the district or the principal, assistant 
7principal, or dean of students of any school to suspend a 
8student for a period not to exceed 10 school days or may expel 
9a student for a definite period of time not to exceed 2 
10calendar years, as determined on a case-by-case basis, if (i) 
11that student has been determined to have made an explicit 
12threat on an Internet website against a school employee, a 
13student, or any school-related personnel, (ii) the Internet 
14website through which the threat was made is a site that was 
15accessible within the school at the time the threat was made or 
16was available to third parties who worked or studied within 
17the school grounds at the time the threat was made, and (iii) 
18the threat could be reasonably interpreted as threatening to 
19the safety and security of the threatened individual because 
20of his or her duties or employment status or status as a 
21student inside the school. 
22 (e) To maintain order and security in the schools, school 
23authorities may inspect and search places and areas such as 
24lockers, desks, parking lots, and other school property and 
25equipment owned or controlled by the school, as well as 
26personal effects left in those places and areas by students, 
 
 
HB4304- 86 -LRB103 35638 RLC 65713 b


1without notice to or the consent of the student, and without a 
2search warrant. As a matter of public policy, the General 
3Assembly finds that students have no reasonable expectation of 
4privacy in these places and areas or in their personal effects 
5left in these places and areas. School authorities may request 
6the assistance of law enforcement officials for the purpose of 
7conducting inspections and searches of lockers, desks, parking 
8lots, and other school property and equipment owned or 
9controlled by the school for illegal drugs, weapons, or other 
10illegal or dangerous substances or materials, including 
11searches conducted through the use of specially trained dogs. 
12If a search conducted in accordance with this Section produces 
13evidence that the student has violated or is violating either 
14the law, local ordinance, or the school's policies or rules, 
15such evidence may be seized by school authorities, and 
16disciplinary action may be taken. School authorities may also 
17turn over such evidence to law enforcement authorities.
18 (f) Suspension or expulsion may include suspension or 
19expulsion from school and all school activities and a 
20prohibition from being present on school grounds.
21 (g) A school district may adopt a policy providing that if 
22a student is suspended or expelled for any reason from any 
23public or private school in this or any other state, the 
24student must complete the entire term of the suspension or 
25expulsion in an alternative school program under Article 13A 
26of this Code or an alternative learning opportunities program 
 
 
HB4304- 87 -LRB103 35638 RLC 65713 b


1under Article 13B of this Code before being admitted into the 
2school district if there is no threat to the safety of students 
3or staff in the alternative program.
4 (h) School officials shall not advise or encourage 
5students to drop out voluntarily due to behavioral or academic 
6difficulties.
7 (i) A student may not be issued a monetary fine or fee as a 
8disciplinary consequence, though this shall not preclude 
9requiring a student to provide restitution for lost, stolen, 
10or damaged property.
11 (j) Subsections (a) through (i) of this Section shall 
12apply to elementary and secondary schools, charter schools, 
13special charter districts, and school districts organized 
14under Article 34 of this Code. 
15 (k) The expulsion of children enrolled in programs funded 
16under Section 1C-2 of this Code is subject to the requirements 
17under paragraph (7) of subsection (a) of Section 2-3.71 of 
18this Code.
19 (l) Beginning with the 2018-2019 school year, an in-school 
20suspension program provided by a school district for any 
21students in kindergarten through grade 12 may focus on 
22promoting non-violent conflict resolution and positive 
23interaction with other students and school personnel. A school 
24district may employ a school social worker or a licensed 
25mental health professional to oversee an in-school suspension 
26program in kindergarten through grade 12. 
 
 
HB4304- 88 -LRB103 35638 RLC 65713 b


1(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; 
2102-813, eff. 5-13-22.)

3 (Text of Section after amendment by P.A. 102-466)
4 Sec. 10-22.6. Suspension or expulsion of pupils; school 
5searches. 
6 (a) To expel pupils guilty of gross disobedience or 
7misconduct, including gross disobedience or misconduct 
8perpetuated by electronic means, pursuant to subsection (b-20) 
9of this Section, and no action shall lie against them for such 
10expulsion. Expulsion shall take place only after the parents 
11or guardians have been requested to appear at a meeting of the 
12board, or with a hearing officer appointed by it, to discuss 
13their child's behavior. Such request shall be made by 
14registered or certified mail and shall state the time, place 
15and purpose of the meeting. The board, or a hearing officer 
16appointed by it, at such meeting shall state the reasons for 
17dismissal and the date on which the expulsion is to become 
18effective. If a hearing officer is appointed by the board, he 
19shall report to the board a written summary of the evidence 
20heard at the meeting and the board may take such action thereon 
21as it finds appropriate. If the board acts to expel a pupil, 
22the written expulsion decision shall detail the specific 
23reasons why removing the pupil from the learning environment 
24is in the best interest of the school. The expulsion decision 
25shall also include a rationale as to the specific duration of 
 
 
HB4304- 89 -LRB103 35638 RLC 65713 b


1the expulsion. An expelled pupil may be immediately 
2transferred to an alternative program in the manner provided 
3in Article 13A or 13B of this Code. A pupil must not be denied 
4transfer because of the expulsion, except in cases in which 
5such transfer is deemed to cause a threat to the safety of 
6students or staff in the alternative program.
7 (b) To suspend or by policy to authorize the 
8superintendent of the district or the principal, assistant 
9principal, or dean of students of any school to suspend pupils 
10guilty of gross disobedience or misconduct, or to suspend 
11pupils guilty of gross disobedience or misconduct on the 
12school bus from riding the school bus, pursuant to subsections 
13(b-15) and (b-20) of this Section, and no action shall lie 
14against them for such suspension. The board may by policy 
15authorize the superintendent of the district or the principal, 
16assistant principal, or dean of students of any school to 
17suspend pupils guilty of such acts for a period not to exceed 
1810 school days. If a pupil is suspended due to gross 
19disobedience or misconduct on a school bus, the board may 
20suspend the pupil in excess of 10 school days for safety 
21reasons. 
22 Any suspension shall be reported immediately to the 
23parents or guardians of a pupil along with a full statement of 
24the reasons for such suspension and a notice of their right to 
25a review. The school board must be given a summary of the 
26notice, including the reason for the suspension and the 
 
 
HB4304- 90 -LRB103 35638 RLC 65713 b


1suspension length. Upon request of the parents or guardians, 
2the school board or a hearing officer appointed by it shall 
3review such action of the superintendent or principal, 
4assistant principal, or dean of students. At such review, the 
5parents or guardians of the pupil may appear and discuss the 
6suspension with the board or its hearing officer. If a hearing 
7officer is appointed by the board, he shall report to the board 
8a written summary of the evidence heard at the meeting. After 
9its hearing or upon receipt of the written report of its 
10hearing officer, the board may take such action as it finds 
11appropriate. If a student is suspended pursuant to this 
12subsection (b), the board shall, in the written suspension 
13decision, detail the specific act of gross disobedience or 
14misconduct resulting in the decision to suspend. The 
15suspension decision shall also include a rationale as to the 
16specific duration of the suspension. A pupil who is suspended 
17in excess of 20 school days may be immediately transferred to 
18an alternative program in the manner provided in Article 13A 
19or 13B of this Code. A pupil must not be denied transfer 
20because of the suspension, except in cases in which such 
21transfer is deemed to cause a threat to the safety of students 
22or staff in the alternative program.
23 (b-5) Among the many possible disciplinary interventions 
24and consequences available to school officials, school 
25exclusions, such as out-of-school suspensions and expulsions, 
26are the most serious. School officials shall limit the number 
 
 
HB4304- 91 -LRB103 35638 RLC 65713 b


1and duration of expulsions and suspensions to the greatest 
2extent practicable, and it is recommended that they use them 
3only for legitimate educational purposes. To ensure that 
4students are not excluded from school unnecessarily, it is 
5recommended that school officials consider forms of 
6non-exclusionary discipline prior to using out-of-school 
7suspensions or expulsions.
8 (b-10) Unless otherwise required by federal law or this 
9Code, school boards may not institute zero-tolerance policies 
10by which school administrators are required to suspend or 
11expel students for particular behaviors.
12 (b-15) Out-of-school suspensions of 3 days or less may be 
13used only if the student's continuing presence in school would 
14pose a threat to school safety or a disruption to other 
15students' learning opportunities. For purposes of this 
16subsection (b-15), "threat to school safety or a disruption to 
17other students' learning opportunities" shall be determined on 
18a case-by-case basis by the school board or its designee. 
19School officials shall make all reasonable efforts to resolve 
20such threats, address such disruptions, and minimize the 
21length of suspensions to the greatest extent practicable.
22 (b-20) Unless otherwise required by this Code, 
23out-of-school suspensions of longer than 3 days, expulsions, 
24and disciplinary removals to alternative schools may be used 
25only if other appropriate and available behavioral and 
26disciplinary interventions have been exhausted and the 
 
 
HB4304- 92 -LRB103 35638 RLC 65713 b


1student's continuing presence in school would either (i) pose 
2a threat to the safety of other students, staff, or members of 
3the school community or (ii) substantially disrupt, impede, or 
4interfere with the operation of the school. For purposes of 
5this subsection (b-20), "threat to the safety of other 
6students, staff, or members of the school community" and 
7"substantially disrupt, impede, or interfere with the 
8operation of the school" shall be determined on a case-by-case 
9basis by school officials. For purposes of this subsection 
10(b-20), the determination of whether "appropriate and 
11available behavioral and disciplinary interventions have been 
12exhausted" shall be made by school officials. School officials 
13shall make all reasonable efforts to resolve such threats, 
14address such disruptions, and minimize the length of student 
15exclusions to the greatest extent practicable. Within the 
16suspension decision described in subsection (b) of this 
17Section or the expulsion decision described in subsection (a) 
18of this Section, it shall be documented whether other 
19interventions were attempted or whether it was determined that 
20there were no other appropriate and available interventions.
21 (b-25) Students who are suspended out-of-school for longer 
22than 4 school days shall be provided appropriate and available 
23support services during the period of their suspension. For 
24purposes of this subsection (b-25), "appropriate and available 
25support services" shall be determined by school authorities. 
26Within the suspension decision described in subsection (b) of 
 
 
HB4304- 93 -LRB103 35638 RLC 65713 b


1this Section, it shall be documented whether such services are 
2to be provided or whether it was determined that there are no 
3such appropriate and available services.
4 A school district may refer students who are expelled to 
5appropriate and available support services.
6 A school district shall create a policy to facilitate the 
7re-engagement of students who are suspended out-of-school, 
8expelled, or returning from an alternative school setting.
9 (b-30) A school district shall create a policy by which 
10suspended pupils, including those pupils suspended from the 
11school bus who do not have alternate transportation to school, 
12shall have the opportunity to make up work for equivalent 
13academic credit. It shall be the responsibility of a pupil's 
14parents or guardians to notify school officials that a pupil 
15suspended from the school bus does not have alternate 
16transportation to school. 
17 (b-35) In all suspension review hearings conducted under 
18subsection (b) or expulsion hearings conducted under 
19subsection (a), a student may disclose any factor to be 
20considered in mitigation, including his or her status as a 
21parent, expectant parent, or victim of domestic or sexual 
22violence, as defined in Article 26A. A representative of the 
23parent's or guardian's choice, or of the student's choice if 
24emancipated, must be permitted to represent the student 
25throughout the proceedings and to address the school board or 
26its appointed hearing officer. With the approval of the 
 
 
HB4304- 94 -LRB103 35638 RLC 65713 b


1student's parent or guardian, or of the student if 
2emancipated, a support person must be permitted to accompany 
3the student to any disciplinary hearings or proceedings. The 
4representative or support person must comply with any rules of 
5the school district's hearing process. If the representative 
6or support person violates the rules or engages in behavior or 
7advocacy that harasses, abuses, or intimidates either party, a 
8witness, or anyone else in attendance at the hearing, the 
9representative or support person may be prohibited from 
10further participation in the hearing or proceeding. A 
11suspension or expulsion proceeding under this subsection 
12(b-35) must be conducted independently from any ongoing 
13criminal investigation or proceeding, and an absence of 
14pending or possible criminal charges, criminal investigations, 
15or proceedings may not be a factor in school disciplinary 
16decisions.
17 (b-40) During a suspension review hearing conducted under 
18subsection (b) or an expulsion hearing conducted under 
19subsection (a) that involves allegations of sexual violence by 
20the student who is subject to discipline, neither the student 
21nor his or her representative shall directly question nor have 
22direct contact with the alleged victim. The student who is 
23subject to discipline or his or her representative may, at the 
24discretion and direction of the school board or its appointed 
25hearing officer, suggest questions to be posed by the school 
26board or its appointed hearing officer to the alleged victim. 
 
 
HB4304- 95 -LRB103 35638 RLC 65713 b


1 (c) A school board must invite a representative from a 
2local mental health agency to consult with the board at the 
3meeting whenever there is evidence that mental illness may be 
4the cause of a student's expulsion or suspension.
5 (c-5) School districts shall make reasonable efforts to 
6provide ongoing professional development to teachers, 
7administrators, school board members, school resource 
8officers, and staff on the adverse consequences of school 
9exclusion and justice-system involvement, effective classroom 
10management strategies, culturally responsive discipline, the 
11appropriate and available supportive services for the 
12promotion of student attendance and engagement, and 
13developmentally appropriate disciplinary methods that promote 
14positive and healthy school climates. 
15 (d) The board may expel a student for a definite period of 
16time not to exceed 2 calendar years, as determined on a 
17case-by-case basis. A student who is determined to have 
18brought one of the following objects to school, any 
19school-sponsored activity or event, or any activity or event 
20that bears a reasonable relationship to school shall be 
21expelled for a period of not less than one year:
22  (1) A firearm. For the purposes of this Section, 
23 "firearm" means any gun, rifle, shotgun, weapon as defined 
24 by Section 921 of Title 18 of the United States Code, 
25 firearm as defined in Section 2-7.5 1.1 of the Firearm 
26 Owners Identification Card Act, or firearm as defined in 
 
 
HB4304- 96 -LRB103 35638 RLC 65713 b


1 Section 24-1 of the Criminal Code of 2012. The expulsion 
2 period under this subdivision (1) may be modified by the 
3 superintendent, and the superintendent's determination may 
4 be modified by the board on a case-by-case basis.
5  (2) A knife, brass knuckles or other knuckle weapon 
6 regardless of its composition, a billy club, or any other 
7 object if used or attempted to be used to cause bodily 
8 harm, including "look alikes" of any firearm as defined in 
9 subdivision (1) of this subsection (d). The expulsion 
10 requirement under this subdivision (2) may be modified by 
11 the superintendent, and the superintendent's determination 
12 may be modified by the board on a case-by-case basis. 
13Expulsion or suspension shall be construed in a manner 
14consistent with the federal Individuals with Disabilities 
15Education Act. A student who is subject to suspension or 
16expulsion as provided in this Section may be eligible for a 
17transfer to an alternative school program in accordance with 
18Article 13A of the School Code.
19 (d-5) The board may suspend or by regulation authorize the 
20superintendent of the district or the principal, assistant 
21principal, or dean of students of any school to suspend a 
22student for a period not to exceed 10 school days or may expel 
23a student for a definite period of time not to exceed 2 
24calendar years, as determined on a case-by-case basis, if (i) 
25that student has been determined to have made an explicit 
26threat on an Internet website against a school employee, a 
 
 
HB4304- 97 -LRB103 35638 RLC 65713 b


1student, or any school-related personnel, (ii) the Internet 
2website through which the threat was made is a site that was 
3accessible within the school at the time the threat was made or 
4was available to third parties who worked or studied within 
5the school grounds at the time the threat was made, and (iii) 
6the threat could be reasonably interpreted as threatening to 
7the safety and security of the threatened individual because 
8of his or her duties or employment status or status as a 
9student inside the school. 
10 (e) To maintain order and security in the schools, school 
11authorities may inspect and search places and areas such as 
12lockers, desks, parking lots, and other school property and 
13equipment owned or controlled by the school, as well as 
14personal effects left in those places and areas by students, 
15without notice to or the consent of the student, and without a 
16search warrant. As a matter of public policy, the General 
17Assembly finds that students have no reasonable expectation of 
18privacy in these places and areas or in their personal effects 
19left in these places and areas. School authorities may request 
20the assistance of law enforcement officials for the purpose of 
21conducting inspections and searches of lockers, desks, parking 
22lots, and other school property and equipment owned or 
23controlled by the school for illegal drugs, weapons, or other 
24illegal or dangerous substances or materials, including 
25searches conducted through the use of specially trained dogs. 
26If a search conducted in accordance with this Section produces 
 
 
HB4304- 98 -LRB103 35638 RLC 65713 b


1evidence that the student has violated or is violating either 
2the law, local ordinance, or the school's policies or rules, 
3such evidence may be seized by school authorities, and 
4disciplinary action may be taken. School authorities may also 
5turn over such evidence to law enforcement authorities.
6 (f) Suspension or expulsion may include suspension or 
7expulsion from school and all school activities and a 
8prohibition from being present on school grounds.
9 (g) A school district may adopt a policy providing that if 
10a student is suspended or expelled for any reason from any 
11public or private school in this or any other state, the 
12student must complete the entire term of the suspension or 
13expulsion in an alternative school program under Article 13A 
14of this Code or an alternative learning opportunities program 
15under Article 13B of this Code before being admitted into the 
16school district if there is no threat to the safety of students 
17or staff in the alternative program. A school district that 
18adopts a policy under this subsection (g) must include a 
19provision allowing for consideration of any mitigating 
20factors, including, but not limited to, a student's status as 
21a parent, expectant parent, or victim of domestic or sexual 
22violence, as defined in Article 26A. 
23 (h) School officials shall not advise or encourage 
24students to drop out voluntarily due to behavioral or academic 
25difficulties.
26 (i) A student may not be issued a monetary fine or fee as a 
 
 
HB4304- 99 -LRB103 35638 RLC 65713 b


1disciplinary consequence, though this shall not preclude 
2requiring a student to provide restitution for lost, stolen, 
3or damaged property.
4 (j) Subsections (a) through (i) of this Section shall 
5apply to elementary and secondary schools, charter schools, 
6special charter districts, and school districts organized 
7under Article 34 of this Code. 
8 (k) The expulsion of children enrolled in programs funded 
9under Section 1C-2 of this Code is subject to the requirements 
10under paragraph (7) of subsection (a) of Section 2-3.71 of 
11this Code.
12 (l) Beginning with the 2018-2019 school year, an in-school 
13suspension program provided by a school district for any 
14students in kindergarten through grade 12 may focus on 
15promoting non-violent conflict resolution and positive 
16interaction with other students and school personnel. A school 
17district may employ a school social worker or a licensed 
18mental health professional to oversee an in-school suspension 
19program in kindergarten through grade 12. 
20(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; 
21102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)

22 (105 ILCS 5/10-27.1A)
23 Sec. 10-27.1A. Firearms in schools. 
24 (a) All school officials, including teachers, school 
25counselors, and support staff, shall immediately notify the 
 
 
HB4304- 100 -LRB103 35638 RLC 65713 b


1office of the principal in the event that they observe any 
2person in possession of a firearm on school grounds; provided 
3that taking such immediate action to notify the office of the 
4principal would not immediately endanger the health, safety, 
5or welfare of students who are under the direct supervision of 
6the school official or the school official. If the health, 
7safety, or welfare of students under the direct supervision of 
8the school official or of the school official is immediately 
9endangered, the school official shall notify the office of the 
10principal as soon as the students under his or her supervision 
11and he or she are no longer under immediate danger. A report is 
12not required by this Section when the school official knows 
13that the person in possession of the firearm is a law 
14enforcement official engaged in the conduct of his or her 
15official duties. Any school official acting in good faith who 
16makes such a report under this Section shall have immunity 
17from any civil or criminal liability that might otherwise be 
18incurred as a result of making the report. The identity of the 
19school official making such report shall not be disclosed 
20except as expressly and specifically authorized by law. 
21Knowingly and willfully failing to comply with this Section is 
22a petty offense. A second or subsequent offense is a Class C 
23misdemeanor.
24 (b) Upon receiving a report from any school official 
25pursuant to this Section, or from any other person, the 
26principal or his or her designee shall immediately notify a 
 
 
HB4304- 101 -LRB103 35638 RLC 65713 b


1local law enforcement agency. If the person found to be in 
2possession of a firearm on school grounds is a student, the 
3principal or his or her designee shall also immediately notify 
4that student's parent or guardian. Any principal or his or her 
5designee acting in good faith who makes such reports under 
6this Section shall have immunity from any civil or criminal 
7liability that might otherwise be incurred or imposed as a 
8result of making the reports. Knowingly and willfully failing 
9to comply with this Section is a petty offense. A second or 
10subsequent offense is a Class C misdemeanor. If the person 
11found to be in possession of the firearm on school grounds is a 
12minor, the law enforcement agency shall detain that minor 
13until such time as the agency makes a determination pursuant 
14to clause (a) of subsection (1) of Section 5-401 of the 
15Juvenile Court Act of 1987, as to whether the agency 
16reasonably believes that the minor is delinquent. If the law 
17enforcement agency determines that probable cause exists to 
18believe that the minor committed a violation of item (4) of 
19subsection (a) of Section 24-1 of the Criminal Code of 2012 
20while on school grounds, the agency shall detain the minor for 
21processing pursuant to Section 5-407 of the Juvenile Court Act 
22of 1987.
23 (c) Upon receipt of any written, electronic, or verbal 
24report from any school personnel regarding a verified incident 
25involving a firearm in a school or on school owned or leased 
26property, including any conveyance owned, leased, or used by 
 
 
HB4304- 102 -LRB103 35638 RLC 65713 b


1the school for the transport of students or school personnel, 
2the superintendent or his or her designee shall report all 
3such firearm-related incidents occurring in a school or on 
4school property to the local law enforcement authorities 
5immediately, who shall report to the Illinois State Police in 
6a form, manner, and frequency as prescribed by the Illinois 
7State Police.
8 The State Board of Education shall receive an annual 
9statistical compilation and related data associated with 
10incidents involving firearms in schools from the Illinois 
11State Police. The State Board of Education shall compile this 
12information by school district and make it available to the 
13public.
14 (d) As used in this Section, the term "firearm" shall have 
15the meaning ascribed to it in Section 2-7.5 of the Criminal 
16Code of 2012 1.1 of the Firearm Owners Identification Card 
17Act.
18 As used in this Section, the term "school" means any 
19public or private elementary or secondary school.
20 As used in this Section, the term "school grounds" 
21includes the real property comprising any school, any 
22conveyance owned, leased, or contracted by a school to 
23transport students to or from school or a school-related 
24activity, or any public way within 1,000 feet of the real 
25property comprising any school.
26(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 
 
 
HB4304- 103 -LRB103 35638 RLC 65713 b


1102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

2 (105 ILCS 5/34-8.05)
3 Sec. 34-8.05. Reporting firearms in schools. On or after 
4January 1, 1997, upon receipt of any written, electronic, or 
5verbal report from any school personnel regarding a verified 
6incident involving a firearm in a school or on school owned or 
7leased property, including any conveyance owned, leased, or 
8used by the school for the transport of students or school 
9personnel, the general superintendent or his or her designee 
10shall report all such firearm-related incidents occurring in a 
11school or on school property to the local law enforcement 
12authorities no later than 24 hours after the occurrence of the 
13incident and to the Illinois State Police in a form, manner, 
14and frequency as prescribed by the Illinois State Police.
15 The State Board of Education shall receive an annual 
16statistical compilation and related data associated with 
17incidents involving firearms in schools from the Illinois 
18State Police. As used in this Section, the term "firearm" 
19shall have the meaning ascribed to it in Section 2-7.5 of the 
20Criminal Code of 2012 1.1 of the Firearm Owners Identification 
21Card Act.
22(Source: P.A. 102-538, eff. 8-20-21.)

23 Section 40. The Illinois Explosives Act is amended by 
24changing Section 2005 as follows:

 
 
HB4304- 104 -LRB103 35638 RLC 65713 b


1 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
2 Sec. 2005. Qualifications for licensure. 
3 (a) No person shall qualify to hold a license who:
4  (1) is under 21 years of age;
5  (2) has been convicted in any court of a crime 
6 punishable by imprisonment for a term exceeding one year;
7  (3) is under indictment for a crime punishable by 
8 imprisonment for a term exceeding one year;
9  (4) is a fugitive from justice;
10  (5) is an unlawful user of or addicted to any 
11 controlled substance as defined in Section 102 of the 
12 federal Controlled Substances Act (21 U.S.C. Sec. 802 et 
13 seq.);
14  (6) has been adjudicated a person with a mental 
15 disability as defined in Section 6-103.1 of the Mental 
16 Health and Developmental Disabilities Code 1.1 of the 
17 Firearm Owners Identification Card Act; or
18  (7) is not a legal citizen of the United States or 
19 lawfully admitted for permanent residence.
20 (b) A person who has been granted a "relief from 
21disabilities" regarding criminal convictions and indictments, 
22pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. 
23845) may receive a license provided all other qualifications 
24under this Act are met. 
25(Source: P.A. 101-541, eff. 8-23-19.)

 
 
HB4304- 105 -LRB103 35638 RLC 65713 b


1 Section 45. The Private Detective, Private Alarm, Private 
2Security, and Locksmith Act of 2004 is amended by changing 
3Sections 35-30 and 35-35 as follows:

4 (225 ILCS 447/35-30)
5 (Section scheduled to be repealed on January 1, 2029)
6 Sec. 35-30. Employee requirements. All employees of a 
7licensed agency, other than those exempted, shall apply for a 
8permanent employee registration card. The holder of an agency 
9license issued under this Act, known in this Section as 
10"employer", may employ in the conduct of the employer's 
11business employees under the following provisions: 
12 (a) No person shall be issued a permanent employee 
13registration card who:
14  (1) Is younger than 18 years of age.
15  (2) Is younger than 21 years of age if the services 
16 will include being armed.
17  (3) Has been determined by the Department to be unfit 
18 by reason of conviction of an offense in this or another 
19 state, including registration as a sex offender, but not 
20 including a traffic offense. Persons convicted of felonies 
21 involving bodily harm, weapons, violence, or theft within 
22 the previous 10 years shall be presumed to be unfit for 
23 registration. The Department shall adopt rules for making 
24 those determinations that shall afford the applicant due 
 
 
HB4304- 106 -LRB103 35638 RLC 65713 b


1 process of law.
2  (4) Has had a license or permanent employee 
3 registration card denied, suspended, or revoked under this 
4 Act (i) within one year before the date the person's 
5 application for permanent employee registration card is 
6 received by the Department; and (ii) that refusal, denial, 
7 suspension, or revocation was based on any provision of 
8 this Act other than Section 40-50, item (6) or (8) of 
9 subsection (a) of Section 15-10, subsection (b) of Section 
10 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
11 subsection (b) of Section 20-10, item (6) or (8) of 
12 subsection (a) of Section 25-10, subsection (b) of Section 
13 25-10, item (7) of subsection (a) of Section 30-10, 
14 subsection (b) of Section 30-10, or Section 10-40.
15  (5) Has been declared incompetent by any court of 
16 competent jurisdiction by reason of mental disease or 
17 defect and has not been restored.
18  (6) Has been dishonorably discharged from the armed 
19 services of the United States. 
20 (b) No person may be employed by a private detective 
21agency, private security contractor agency, private alarm 
22contractor agency, fingerprint vendor agency, or locksmith 
23agency under this Section until the person has executed and 
24furnished to the employer, on forms furnished by the 
25Department, a verified statement to be known as "Employee's 
26Statement" setting forth:
 
 
HB4304- 107 -LRB103 35638 RLC 65713 b


1  (1) The person's full name, age, and residence 
2 address.
3  (2) The business or occupation engaged in for the 5 
4 years immediately before the date of the execution of the 
5 statement, the place where the business or occupation was 
6 engaged in, and the names of employers, if any.
7  (3) That the person has not had a license or employee 
8 registration denied, revoked, or suspended under this Act 
9 (i) within one year before the date the person's 
10 application for permanent employee registration card is 
11 received by the Department; and (ii) that refusal, denial, 
12 suspension, or revocation was based on any provision of 
13 this Act other than Section 40-50, item (6) or (8) of 
14 subsection (a) of Section 15-10, subsection (b) of Section 
15 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
16 subsection (b) of Section 20-10, item (6) or (8) of 
17 subsection (a) of Section 25-10, subsection (b) of Section 
18 25-10, item (7) of subsection (a) of Section 30-10, 
19 subsection (b) of Section 30-10, or Section 10-40.
20  (4) Any conviction of a felony or misdemeanor.
21  (5) Any declaration of incompetence by a court of 
22 competent jurisdiction that has not been restored.
23  (6) Any dishonorable discharge from the armed services 
24 of the United States.
25  (7) Any other information as may be required by any 
26 rule of the Department to show the good character, 
 
 
HB4304- 108 -LRB103 35638 RLC 65713 b


1 competency, and integrity of the person executing the 
2 statement.
3 (c) Each applicant for a permanent employee registration 
4card shall have the applicant's fingerprints submitted to the 
5Illinois State Police in an electronic format that complies 
6with the form and manner for requesting and furnishing 
7criminal history record information as prescribed by the 
8Illinois State Police. These fingerprints shall be checked 
9against the Illinois State Police and Federal Bureau of 
10Investigation criminal history record databases now and 
11hereafter filed. The Illinois State Police shall charge 
12applicants a fee for conducting the criminal history records 
13check, which shall be deposited in the State Police Services 
14Fund and shall not exceed the actual cost of the records check. 
15The Illinois State Police shall furnish, pursuant to positive 
16identification, records of Illinois convictions to the 
17Department. The Department may require applicants to pay a 
18separate fingerprinting fee, either to the Department or 
19directly to the vendor. The Department, in its discretion, may 
20allow an applicant who does not have reasonable access to a 
21designated vendor to provide the applicant's fingerprints in 
22an alternative manner. The Department, in its discretion, may 
23also use other procedures in performing or obtaining criminal 
24background checks of applicants. Instead of submitting the 
25applicant's fingerprints, an individual may submit proof that 
26is satisfactory to the Department that an equivalent security 
 
 
HB4304- 109 -LRB103 35638 RLC 65713 b


1clearance has been conducted. Also, an individual who has 
2retired as a peace officer within 12 months of application may 
3submit verification, on forms provided by the Department and 
4signed by the applicant's employer, of the applicant's 
5previous full-time employment as a peace officer.
6 (d) The Department shall issue a permanent employee 
7registration card, in a form the Department prescribes, to all 
8qualified applicants. The holder of a permanent employee 
9registration card shall carry the card at all times while 
10actually engaged in the performance of the duties of the 
11employee's employment. Expiration and requirements for renewal 
12of permanent employee registration cards shall be established 
13by rule of the Department. Possession of a permanent employee 
14registration card does not in any way imply that the holder of 
15the card is employed by an agency unless the permanent 
16employee registration card is accompanied by the employee 
17identification card required by subsection (f) of this 
18Section.
19 (e) Each employer shall maintain a record of each employee 
20that is accessible to the duly authorized representatives of 
21the Department. The record shall contain the following 
22information:
23  (1) A photograph taken within 10 days of the date that 
24 the employee begins employment with the employer. The 
25 photograph shall be replaced with a current photograph 
26 every 3 calendar years.
 
 
HB4304- 110 -LRB103 35638 RLC 65713 b


1  (2) The Employee's Statement specified in subsection 
2 (b) of this Section.
3  (3) All correspondence or documents relating to the 
4 character and integrity of the employee received by the 
5 employer from any official source or law enforcement 
6 agency.
7  (4) In the case of former employees, the employee 
8 identification card of that person issued under subsection 
9 (f) of this Section. Each employee record shall duly note 
10 if the employee is employed in an armed capacity. Armed 
11 employee files shall contain a copy of an active firearm 
12 owner's identification card and a copy of an active 
13 firearm control card. Each employer shall maintain a 
14 record for each armed employee of each instance in which 
15 the employee's weapon was discharged during the course of 
16 the employee's professional duties or activities. The 
17 record shall be maintained on forms provided by the 
18 Department, a copy of which must be filed with the 
19 Department within 15 days of an instance. The record shall 
20 include the date and time of the occurrence, the 
21 circumstances involved in the occurrence, and any other 
22 information as the Department may require. Failure to 
23 provide this information to the Department or failure to 
24 maintain the record as a part of each armed employee's 
25 permanent file is grounds for disciplinary action. The 
26 Department, upon receipt of a report, shall have the 
 
 
HB4304- 111 -LRB103 35638 RLC 65713 b


1 authority to make any investigation it considers 
2 appropriate into any occurrence in which an employee's 
3 weapon was discharged and to take disciplinary action as 
4 may be appropriate.
5  (5) A copy of the employee's permanent employee 
6 registration card or a copy of the Department's "License 
7 Lookup" Webpage showing that the employee has been issued 
8 a valid permanent employee registration card by the 
9 Department.  
10 The Department may, by rule, prescribe further record 
11requirements.
12 (f) Every employer shall furnish an employee 
13identification card to each of the employer's employees. This 
14employee identification card shall contain a recent photograph 
15of the employee, the employee's name, the name and agency 
16license number of the employer, the employee's personal 
17description, the signature of the employer, the signature of 
18that employee, the date of issuance, and an employee 
19identification card number.
20 (g) No employer may issue an employee identification card 
21to any person who is not employed by the employer in accordance 
22with this Section or falsely state or represent that a person 
23is or has been in the employer's employ. It is unlawful for an 
24applicant for registered employment to file with the 
25Department the fingerprints of a person other than himself or 
26herself.
 
 
HB4304- 112 -LRB103 35638 RLC 65713 b


1 (h) Every employer shall obtain the identification card of 
2every employee who terminates employment with the employer.
3 (i) Every employer shall maintain a separate roster of the 
4names of all employees currently working in an armed capacity 
5and submit the roster to the Department on request.
6 (j) No agency may employ any person to perform a licensed 
7activity under this Act unless the person possesses a valid 
8permanent employee registration card or a valid license under 
9this Act, or is exempt pursuant to subsection (n).
10 (k) Notwithstanding the provisions of subsection (j), an 
11agency may employ a person in a temporary capacity if all of 
12the following conditions are met:
13  (1) The agency completes in its entirety and submits 
14 to the Department an application for a permanent employee 
15 registration card, including the required fingerprint 
16 receipt and fees.
17  (2) The agency has verification from the Department 
18 that the applicant has no record of any criminal 
19 conviction pursuant to the criminal history check 
20 conducted by the Illinois State Police. The agency shall 
21 maintain the verification of the results of the Illinois 
22 State Police criminal history check as part of the 
23 employee record as required under subsection (e) of this 
24 Section.
25  (3) The agency exercises due diligence to ensure that 
26 the person is qualified under the requirements of this Act 
 
 
HB4304- 113 -LRB103 35638 RLC 65713 b


1 to be issued a permanent employee registration card.
2  (4) The agency maintains a separate roster of the 
3 names of all employees whose applications are currently 
4 pending with the Department and submits the roster to the 
5 Department on a monthly basis. Rosters are to be 
6 maintained by the agency for a period of at least 24 
7 months.
8 An agency may employ only a permanent employee applicant 
9for which it either submitted a permanent employee application 
10and all required forms and fees or it confirms with the 
11Department that a permanent employee application and all 
12required forms and fees have been submitted by another agency, 
13licensee or the permanent employee and all other requirements 
14of this Section are met.
15 The Department shall have the authority to revoke, without 
16a hearing, the temporary authority of an individual to work 
17upon receipt of Federal Bureau of Investigation fingerprint 
18data or a report of another official authority indicating a 
19criminal conviction. If the Department has not received a 
20temporary employee's Federal Bureau of Investigation 
21fingerprint data within 120 days of the date the Department 
22received the Illinois State Police fingerprint data, the 
23Department may, at its discretion, revoke the employee's 
24temporary authority to work with 15 days written notice to the 
25individual and the employing agency.
26 An agency may not employ a person in a temporary capacity 
 
 
HB4304- 114 -LRB103 35638 RLC 65713 b


1if it knows or reasonably should have known that the person has 
2been convicted of a crime under the laws of this State, has 
3been convicted in another state of any crime that is a crime 
4under the laws of this State, has been convicted of any crime 
5in a federal court, or has been posted as an unapproved 
6applicant by the Department. Notice by the Department to the 
7agency, via certified mail, personal delivery, electronic 
8mail, or posting on the Department's Internet site accessible 
9to the agency that the person has been convicted of a crime 
10shall be deemed constructive knowledge of the conviction on 
11the part of the agency. The Department may adopt rules to 
12implement this subsection (k).
13 (l) No person may be employed under this Section in any 
14capacity if:
15  (1) the person, while so employed, is being paid by 
16 the United States or any political subdivision for the 
17 time so employed in addition to any payments the person 
18 may receive from the employer; or
19  (2) the person wears any portion of the person's 
20 official uniform, emblem of authority, or equipment while 
21 so employed.
22 (m) If information is discovered affecting the 
23registration of a person whose fingerprints were submitted 
24under this Section, the Department shall so notify the agency 
25that submitted the fingerprints on behalf of that person.
26 (n) Peace officers shall be exempt from the requirements 
 
 
HB4304- 115 -LRB103 35638 RLC 65713 b


1of this Section relating to permanent employee registration 
2cards. The agency shall remain responsible for any peace 
3officer employed under this exemption, regardless of whether 
4the peace officer is compensated as an employee or as an 
5independent contractor and as further defined by rule.
6 (o) Persons who have no access to confidential or security 
7information, who do not go to a client's or prospective 
8client's residence or place of business, and who otherwise do 
9not provide traditional security services are exempt from 
10employee registration. Examples of exempt employees include, 
11but are not limited to, employees working in the capacity of 
12ushers, directors, ticket takers, cashiers, drivers, and 
13reception personnel. Confidential or security information is 
14that which pertains to employee files, scheduling, client 
15contracts, or technical security and alarm data.
16 (p) An applicant who is 21 years of age or older seeking a 
17religious exemption to the photograph requirement of this 
18Section shall furnish with the application an approved copy of 
19United States Department of the Treasury Internal Revenue 
20Service Form 4029. Regardless of age, an applicant seeking a 
21religious exemption to this photograph requirement shall 
22submit fingerprints in a form and manner prescribed by the 
23Department with the applicant's application in lieu of a 
24photograph. 
25(Source: P.A. 102-538, eff. 8-20-21; 103-309, eff. 1-1-24.)

 
 
HB4304- 116 -LRB103 35638 RLC 65713 b


1 (225 ILCS 447/35-35)
2 (Section scheduled to be repealed on January 1, 2029)
3 Sec. 35-35. Requirement of a firearm control card. 
4 (a) No person shall perform duties that include the use, 
5carrying, or possession of a firearm in the performance of 
6those duties without complying with the provisions of this 
7Section and having been issued a valid firearm control card by 
8the Department.
9 (b) No employer shall employ any person to perform the 
10duties for which licensure or employee registration is 
11required and allow that person to carry a firearm unless that 
12person has complied with all the firearm training requirements 
13of this Section and has been issued a firearm control card. 
14This Act permits only the following to carry firearms while 
15actually engaged in the performance of their duties or while 
16commuting directly to or from their places of employment: 
17persons licensed as private detectives and their registered 
18employees; persons licensed as private security contractors 
19and their registered employees; persons licensed as private 
20alarm contractors and their registered employees; and 
21employees of a registered armed proprietary security force.
22 (c) Possession of a valid firearm control card allows a 
23licensee or employee to carry a firearm not otherwise 
24prohibited by law while the licensee or employee is engaged in 
25the performance of the licensee's or employee's duties or 
26while the licensee or employee is commuting directly to or 
 
 
HB4304- 117 -LRB103 35638 RLC 65713 b


1from the licensee's or employee's place or places of 
2employment.
3 (d) The Department shall issue a firearm control card to a 
4person who has passed an approved firearm training course, who 
5is currently licensed or employed by an agency licensed by 
6this Act and has met all the requirements of this Act, and who 
7is not prohibited under State or federal law from possessing a 
8firearm possesses a valid firearm owner identification card. 
9Application for the firearm control card shall be made by the 
10employer to the Department on forms provided by the 
11Department. The Department shall forward the card to the 
12employer who shall be responsible for its issuance to the 
13licensee or employee. The firearm control card shall be issued 
14by the Department and shall identify the person holding it and 
15the name of the course where the licensee or employee received 
16firearm instruction and shall specify the type of weapon or 
17weapons the person is authorized by the Department to carry 
18and for which the person has been trained.
19 (e) Expiration and requirements for renewal of firearm 
20control cards shall be determined by rule.
21 (f) The Department may, in addition to any other 
22disciplinary action permitted by this Act, refuse to issue, 
23suspend, or revoke a firearm control card if the applicant or 
24holder has been convicted of any felony or crime involving the 
25illegal use, carrying, or possession of a deadly weapon or for 
26a violation of this Act or rules adopted promulgated under 
 
 
HB4304- 118 -LRB103 35638 RLC 65713 b


1this Act. The Department shall refuse to issue or shall revoke 
2a firearm control card if the applicant or holder is 
3prohibited under State or federal law from possessing a 
4firearm fails to possess a valid firearm owners identification 
5card without hearing. The Secretary shall summarily suspend a 
6firearm control card if the Secretary finds that its continued 
7use would constitute an imminent danger to the public. A 
8hearing shall be held before the Board within 30 days if the 
9Secretary summarily suspends a firearm control card.
10 (g) Notwithstanding any other provision of this Act to the 
11contrary, all requirements relating to firearms control cards 
12do not apply to a peace officer. If an individual ceases to be 
13employed as a peace officer and continues to perform services 
14in an armed capacity under this Act that are licensed 
15activities, then the individual is required to obtain a 
16permanent employee registration card pursuant to Section 35-30 
17of this Act and must possess a valid Firearm Owner's 
18Identification Card, but is not required to obtain a firearm 
19control card if the individual is otherwise in continuing 
20compliance with the federal Law Enforcement Officers Safety 
21Act of 2004. If an individual elects to carry a firearm 
22pursuant to the federal Law Enforcement Officers Safety Act of 
232004, then the agency employing the officer shall submit an 
24application to the Department for issuance of a waiver card 
25along with a fee specified by rule. 
26 (h) The Department may issue a temporary firearm control 
 
 
HB4304- 119 -LRB103 35638 RLC 65713 b


1card pending issuance of a new firearm control card upon an 
2agency's acquiring of an established armed account. An agency 
3that has acquired armed employees as a result of acquiring an 
4established armed account may, on forms supplied by the 
5Department, request the issuance of a temporary firearm 
6control card for each acquired employee who held a valid 
7firearm control card under the employer's employment with the 
8newly acquired established armed account immediately preceding 
9the acquiring of the account and who continues to meet all of 
10the qualifications for issuance of a firearm control card set 
11forth in this Act and any rules adopted under this Act. The 
12Department shall, by rule, set the fee for issuance of a 
13temporary firearm control card. 
14 (i) The Department shall not issue a firearm control card 
15to a licensed fingerprint vendor or a licensed locksmith or 
16employees of a licensed fingerprint vendor agency or a 
17licensed locksmith agency. 
18(Source: P.A. 103-309, eff. 1-1-24.)

19 Section 46. The Illinois Gambling Act is amended by 
20changing Section 5.4 as follows:

21 (230 ILCS 10/5.4)
22 Sec. 5.4. Retiring investigators; purchase of service 
23firearm and badge. The Board shall establish a program to 
24allow an investigator appointed under paragraph (20.6) of 
 
 
HB4304- 120 -LRB103 35638 RLC 65713 b


1subsection (c) of Section 4 who is honorably retiring in good 
2standing to purchase either one or both of the following: (1) 
3any badge previously issued to the investigator by the Board; 
4or (2) if the investigator has a currently valid Firearm 
5Owner's Identification Card, the service firearm issued or 
6previously issued to the investigator by the Board. The badge 
7must be permanently and conspicuously marked in such a manner 
8that the individual who possesses the badge is not mistaken 
9for an actively serving law enforcement officer. The cost of 
10the firearm shall be the replacement value of the firearm and 
11not the firearm's fair market value.
12(Source: P.A. 102-719, eff. 5-6-22.)

13 Section 50. The Mental Health and Developmental 
14Disabilities Code is amended by changing Sections 1-106, 
151-116, 6-103.1, 6-103.2, and 6-103.3 as follows:

16 (405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
17 Sec. 1-106. "Developmental disability" means a severe, 
18chronic disability, other than mental illness, found to be 
19closely related to an intellectual disability because this 
20condition results in impairment of general intellectual 
21functioning or adaptive behavior similar to that of persons 
22with ID, and requires services similar to those required for a 
23person with an intellectual disability. In addition, a 
24developmental disability: (1) is manifested before the 
 
 
HB4304- 121 -LRB103 35638 RLC 65713 b


1individual reaches 22 years of age; (2) is likely to continue 
2indefinitely; (3) results in substantial functional 
3limitations in three or more of the following areas of major 
4life activity: self-care, receptive and expressive language, 
5learning, mobility, self-direction, capacity for independent 
6living, or economic self-sufficiency; and (4) reflects the 
7individual's need for a combination and sequence of special 
8interdisciplinary or generic services, individualized 
9supports, or other forms of assistance that are of lifelong or 
10extended duration and are individually planned and 
11coordinated. This definition does not supersede the 
12"developmental disability" definition in Section 1.1 of the 
13Firearm Owners Identification Card Act which is required to be 
14applied under that Act for the purpose of mandatory reporting.
15(Source: P.A. 102-972, eff. 1-1-23.)

16 (405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116)
17 Sec. 1-116. Intellectual disability. "Intellectual 
18disability" means a disorder with onset during the 
19developmental period (before the individual reaches age 22), 
20that includes both intellectual and adaptive deficits in 
21conceptual, social and practical domains. The following 3 
22criteria must be met: (1) deficits in intellectual functions 
23such as reasoning, problem solving, planning, abstract 
24thinking, judgment, academic learning, and learning from 
25experience confirmed by both clinical assessment and 
 
 
HB4304- 122 -LRB103 35638 RLC 65713 b


1individualized, standardized intelligence testing (generally 
2indicated with an IQ score of about 70 or below), (2) deficits 
3in adaptive functioning that result in failure to meet 
4developmental and sociocultural standards for personal 
5independence and social responsibility. Without ongoing 
6support, the adaptive deficits limit functioning in one or 
7more activities of daily life, such as communication, social 
8participation, and independent living, across multiple 
9environments, such as home, school, work, and community, and 
10(3) onset of intellectual and adaptive deficits during the 
11developmental period. This definition does not supersede the 
12"intellectual disability" definition in Section 1.1 of the 
13Firearm Owners Identification Card Act which is required to be 
14applied under that Act for the purpose of mandatory reporting.
15(Source: P.A. 102-972, eff. 1-1-23.)

16 (405 ILCS 5/6-103.1)
17 Sec. 6-103.1. Adjudication as a person with a mental 
18disability. When a person has been adjudicated as a person 
19with a mental disability as defined in Section 1.1 of the 
20Firearm Owners Identification Card Act, including, but not 
21limited to, an adjudication as a person with a disability as 
22defined in Section 11a-2 of the Probate Act of 1975, the court 
23shall direct the circuit court clerk to notify the Illinois 
24State Police, Firearm Owner's Identification (FOID) Office, in 
25a form and manner prescribed by the Illinois State Police, and 
 
 
HB4304- 123 -LRB103 35638 RLC 65713 b


1shall forward a copy of the court order to the Department no 
2later than 7 days after the entry of the order. Upon receipt of 
3the order, the Illinois State Police shall provide 
4notification to the National Instant Criminal Background Check 
5System. In this Section, "has been adjudicated as a mentally 
6disabled person" means the person is the subject of a 
7determination by a court, board, commission, or other lawful 
8authority that the person, as a result of marked subnormal 
9intelligence, or mental illness, mental impairment, 
10incompetency, condition, or disease:
11  (1) presents a clear and present danger to himself, 
12 herself, or to others; 
13  (2) lacks the mental capacity to manage his or her own 
14 affairs or is adjudicated a disabled person as defined in 
15 Section 11a-2 of the Probate Act of 1975;
16  (3) is not guilty in a criminal case by reason of 
17 insanity, mental disease or defect;
18  (3.5) is guilty but mentally ill, as provided in 
19 Section 5-2-6 of the Unified Code of Corrections; 
20  (4) is unfit to stand trial in a criminal case;
21  (5) is not guilty by reason of lack of mental 
22 responsibility under Articles 50a and 72b of the Uniform 
23 Code of Military Justice, 10 U.S.C. 850a, 876b;
24  (6) is a sexually violent person under subsection (f) 
25 of Section 5 of the Sexually Violent Persons Commitment 
26 Act;
 
 
HB4304- 124 -LRB103 35638 RLC 65713 b


1  (7) is a sexually dangerous person under the Sexually 
2 Dangerous Persons Act;
3  (8) is unfit to stand trial under the Juvenile Court 
4 Act of 1987;
5  (9) is not guilty by reason of insanity under the 
6 Juvenile Court Act of 1987;
7  (10) is a person subject to involuntary admission on 
8 an inpatient basis as defined in Section 1-119 of the 
9 Mental Health and Developmental Disabilities Code;
10  (11) is a person subject to involuntary admission on 
11 an outpatient basis as defined in Section 1-119.1 of the 
12 Mental Health and Developmental Disabilities Code;
13  (12) is subject to judicial admission as set forth in 
14 Section 4-500 of the Mental Health and Developmental 
15 Disabilities Code; or
16  (13) is subject to the provisions of the Interstate 
17 Agreements on Sexually Dangerous Persons Act. 
18(Source: P.A. 102-538, eff. 8-20-21.)

19 (405 ILCS 5/6-103.2)
20 Sec. 6-103.2. Developmental disability; notice. If a 
21person 14 years old or older is determined to be a person with 
22a developmental disability by a physician, clinical 
23psychologist, or qualified examiner, the physician, clinical 
24psychologist, or qualified examiner shall notify the 
25Department of Human Services within 7 days of making the 
 
 
HB4304- 125 -LRB103 35638 RLC 65713 b


1determination that the person has a developmental disability. 
2The Department of Human Services shall immediately update its 
3records and information relating to mental health and 
4developmental disabilities, and if appropriate, shall notify 
5the Illinois State Police in a form and manner prescribed by 
6the Illinois State Police. Information disclosed under this 
7Section shall remain privileged and confidential, and shall 
8not be redisclosed, except as required under paragraph (2) of 
9subsection (e) of Section 24-4.5 of the Criminal Code of 2012 
10subsection (e) of Section 3.1 of the Firearm Owners 
11Identification Card Act, nor used for any other purpose. The 
12method of providing this information shall guarantee that the 
13information is not released beyond that which is necessary for 
14the purpose of this Section and shall be provided by rule by 
15the Department of Human Services. The identity of the person 
16reporting under this Section shall not be disclosed to the 
17subject of the report.
18 The physician, clinical psychologist, or qualified 
19examiner making the determination and his or her employer may 
20not be held criminally, civilly, or professionally liable for 
21making or not making the notification required under this 
22Section, except for willful or wanton misconduct.
23 In this Section, "developmentally disabled" has the 
24meaning ascribed to it in Section 12 of the Mental Health and 
25Developmental Disabilities Confidentiality Act. 
26 In For purposes of this Section, "developmental 
 
 
HB4304- 126 -LRB103 35638 RLC 65713 b


1disability" means a disability which is attributable to any 
2other condition which results in impairment similar to that 
3caused by an intellectual disability and which requires 
4services similar to those required by intellectually disabled 
5persons. The disability must originate before the age of 18 
6years, be expected to continue indefinitely, and constitute a 
7substantial disability. This disability results, in the 
8professional opinion of a physician, clinical psychologist, or 
9qualified examiner, in significant functional limitations in 3 
10or more of the following areas of major life activity:
11  (i) self-care;
12  (ii) receptive and expressive language;
13  (iii) learning;
14  (iv) mobility; or
15  (v) self-direction.
16 "Determined to be a person with a developmental disability 
17by a physician, clinical psychologist, or qualified examiner" 
18means in the professional opinion of the physician, clinical 
19psychologist, or qualified examiner, a person is diagnosed, 
20assessed, or evaluated as having a developmental disability. 
21(Source: P.A. 102-538, eff. 8-20-21.)

22 (405 ILCS 5/6-103.3)
23 Sec. 6-103.3. Clear and present danger; notice. If a 
24person is determined to pose a clear and present danger to 
25himself, herself, or to others by a physician, clinical 
 
 
HB4304- 127 -LRB103 35638 RLC 65713 b


1psychologist, or qualified examiner, whether employed by the 
2State, by any public or private mental health facility or part 
3thereof, or by a law enforcement official or a school 
4administrator, then the physician, clinical psychologist, 
5qualified examiner shall notify the Department of Human 
6Services and a law enforcement official or school 
7administrator shall notify the Illinois State Police, within 
824 hours of making the determination that the person poses a 
9clear and present danger. The Department of Human Services 
10shall immediately update its records and information relating 
11to mental health and developmental disabilities, and if 
12appropriate, shall notify the Illinois State Police in a form 
13and manner prescribed by the Illinois State Police. 
14Information disclosed under this Section shall remain 
15privileged and confidential, and shall not be redisclosed, 
16except as required under paragraph (2) of subsection (e) of 
17Section 24-4.5 of the Criminal Code of 2012 subsection (e) of 
18Section 3.1 of the Firearm Owners Identification Card Act, nor 
19used for any other purpose. The method of providing this 
20information shall guarantee that the information is not 
21released beyond that which is necessary for the purpose of 
22this Section and shall be provided by rule by the Department of 
23Human Services. The identity of the person reporting under 
24this Section shall not be disclosed to the subject of the 
25report. The physician, clinical psychologist, qualified 
26examiner, law enforcement official, or school administrator 
 
 
HB4304- 128 -LRB103 35638 RLC 65713 b


1making the determination and his or her employer shall not be 
2held criminally, civilly, or professionally liable for making 
3or not making the notification required under this Section, 
4except for willful or wanton misconduct. This Section does not 
5apply to a law enforcement official, if making the 
6notification under this Section will interfere with an ongoing 
7or pending criminal investigation.
8 In For the purposes of this Section:
9  "Clear and present danger" means a person who: 
10   (1) communicates a serious threat of physical 
11 violence against a reasonably identifiable victim or 
12 poses a clear and imminent risk of serious physical 
13 injury to himself, herself, or another person as 
14 determined by a physician, clinical psychologist, or 
15 qualified examiner; or
16   (2) demonstrates threatening physical or verbal 
17 behavior, such as violent, suicidal, or assaultive 
18 threats, actions, or other behavior, as determined by 
19 a physician, clinical psychologist, qualified 
20 examiner, school administrator, or law enforcement 
21 official. 
22  "Physician", "clinical psychologist", and "qualified 
23 examiner" have the meanings ascribed to them in the Mental 
24 Health and Developmental Disabilities Code has the meaning 
25 ascribed to it in Section 1.1 of the Firearm Owners 
26 Identification Card Act.
 
 
HB4304- 129 -LRB103 35638 RLC 65713 b


1  "Determined to pose a clear and present danger to 
2 himself, herself, or to others by a physician, clinical 
3 psychologist, or qualified examiner" means in the 
4 professional opinion of the physician, clinical 
5 psychologist, or qualified examiner, a person poses a 
6 clear and present danger. 
7  "School administrator" means the person required to 
8 report under the School Administrator Reporting of Mental 
9 Health Clear and Present Danger Determinations Law.
10(Source: P.A. 102-538, eff. 8-20-21.)

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

13 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
14 Sec. 2. Definitions. As used in this Act:
15 "Child care facility" means any structure used by a child 
16care provider licensed by the Department of Children and 
17Family Services or public or private school structure 
18frequented by children 6 years of age or younger.
19 "Childhood Lead Risk Questionnaire" means the 
20questionnaire developed by the Department for use by 
21physicians and other health care providers to determine risk 
22factors for children 6 years of age or younger residing in 
23areas designated as low risk for lead exposure.
24 "Delegate agency" means a unit of local government or 
 
 
HB4304- 130 -LRB103 35638 RLC 65713 b


1health department approved by the Department to carry out the 
2provisions of this Act.
3 "Department" means the Department of Public Health.
4 "Director" means the Director of Public Health. 
5 "Dwelling unit" means an individual unit within a 
6residential building used as living quarters for one 
7household. 
8 "Elevated blood lead level" means a blood lead level in 
9excess of the limits established under State rules. 
10 "Exposed surface" means any interior or exterior surface 
11of a regulated facility. 
12 "High risk area" means an area in the State determined by 
13the Department to be high risk for lead exposure for children 6 
14years of age or younger. The Department may consider, but is 
15not limited to, the following factors to determine a high risk 
16area: age and condition (using Department of Housing and Urban 
17Development definitions of "slum" and "blighted") of housing, 
18proximity to highway traffic or heavy local traffic or both, 
19percentage of housing determined as rental or vacant, 
20proximity to industry using lead, established incidence of 
21elevated blood lead levels in children, percentage of 
22population living below 200% of federal poverty guidelines, 
23and number of children residing in the area who are 6 years of 
24age or younger.
25 "Lead abatement" means any approved work practices that 
26will permanently eliminate lead exposure or remove the 
 
 
HB4304- 131 -LRB103 35638 RLC 65713 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 
12lead abatement contractor and licensed by the Department to 
13perform lead 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 
 
 
HB4304- 132 -LRB103 35638 RLC 65713 b


1per square centimeter or any lower standard for lead content 
2in residential paint as may be established by federal law or 
3rule; or more than 1 milligram per square centimeter in the 
4dried film of paint or previously applied substance; or item 
5or dust on item containing lead in excess of the amount 
6specified in the rules authorized by this Act or a lower 
7standard for lead content as may be established by federal law 
8or rule. "Lead-bearing substance" does not include firearm 
9ammunition or components as defined by Section 2-7.1 of the 
10Criminal Code of 2012 the Firearm Owners Identification Card 
11Act.
12 "Lead hazard" means a lead-bearing substance that poses an 
13immediate health hazard to humans.
14 "Lead hazard screen" means a lead risk assessment that 
15involves limited dust and paint sampling for lead-bearing 
16substances and lead hazards. This service is used as a 
17screening tool designed to determine if further lead 
18investigative services are required for the regulated 
19facility.
20 "Lead inspection" means a surface-by-surface investigation 
21to determine the presence of lead-based paint.
22 "Lead inspector" means an individual who has been trained 
23by a Department-approved training program and is licensed by 
24the Department to conduct lead inspections; to sample for the 
25presence of lead in paint, dust, soil, and water; and to 
26conduct compliance investigations. 
 
 
HB4304- 133 -LRB103 35638 RLC 65713 b


1 "Lead mitigation" means the remediation, in a manner 
2described in Section 9, of a lead hazard so that the 
3lead-bearing substance does not pose an immediate health 
4hazard to humans. 
5 "Lead poisoning" means having an elevated blood lead 
6level.
7 "Lead risk assessment" means an on-site investigation to 
8determine the existence, nature, severity, and location of 
9lead hazards. "Lead risk assessment" includes any lead 
10sampling and visual assessment associated with conducting a 
11lead risk assessment and lead hazard screen and all lead 
12sampling associated 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. 
 
 
HB4304- 134 -LRB103 35638 RLC 65713 b


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. 100-723, eff. 1-1-19.)

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 
 
 
HB4304- 135 -LRB103 35638 RLC 65713 b


1changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:

2 (430 ILCS 66/25)
3 Sec. 25. Qualifications for a license. 
4 The Illinois State Police shall issue a license to an 
5applicant completing an application in accordance with Section 
630 of this Act 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 the 
12 Firearm Owners Identification Card Act or federal law from 
13 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; 
19 or
20   (B) 2 or more violations related to driving while 
21 under the influence of alcohol, other drug or drugs, 
22 intoxicating compound or compounds, or any combination 
23 thereof, within the 5 years preceding the date of the 
24 license application;
25  (4) is not the subject of a pending arrest warrant, 
 
 
HB4304- 136 -LRB103 35638 RLC 65713 b


1 prosecution, or proceeding for an offense or action that 
2 could lead to disqualification to own or possess a 
3 firearm;
4  (5) has not been in residential or court-ordered 
5 treatment for alcoholism, alcohol detoxification, or drug 
6 treatment within the 5 years immediately preceding the 
7 date of the license application; and
8  (6) has completed firearms training and any education 
9 component required under Section 75 of this Act.
10(Source: P.A. 102-538, eff. 8-20-21.)

11 (430 ILCS 66/30)
12 Sec. 30. Contents of license application. 
13 (a) The license application shall be in writing, under 
14penalty of perjury, on a standard form adopted by the Illinois 
15State Police and shall be accompanied by the documentation 
16required in this Section and the applicable fee. Each 
17application form shall include the following statement printed 
18in bold type: "Warning: Entering false information on this 
19form is punishable as perjury under Section 32-2 of the 
20Criminal Code of 2012."
21 (b) The application shall contain the following:
22  (1) the applicant's name, current address, date and 
23 year of birth, place of birth, height, weight, hair color, 
24 eye color, maiden name or any other name the applicant has 
25 used or identified with, and any address where the 
 
 
HB4304- 137 -LRB103 35638 RLC 65713 b


1 applicant resided for more than 30 days within the 10 
2 years preceding the date of the license application;
3  (2) the applicant's valid driver's license number or 
4 valid state identification card number;
5  (3) a waiver of the applicant's privacy and 
6 confidentiality rights and privileges under all federal 
7 and state laws, including those limiting access to 
8 juvenile court, criminal justice, psychological, or 
9 psychiatric records or records relating to any 
10 institutionalization of the applicant, and an affirmative 
11 request that a person having custody of any of these 
12 records provide it or information concerning it to the 
13 Illinois State Police. The waiver only applies to records 
14 sought in connection with determining whether the 
15 applicant qualifies for a license to carry a concealed 
16 firearm under this Act, or whether the applicant remains 
17 in compliance with the Firearm Owners Identification Card 
18 Act;
19  (4) an affirmation that the applicant is not 
20 prohibited under State or federal law from possessing or 
21 receiving a firearm possesses a currently valid Firearm 
22 Owner's Identification Card and card number if possessed 
23 or notice the applicant is applying for a Firearm Owner's 
24 Identification Card in conjunction with the license 
25 application;
26  (5) an affirmation that the applicant has not been 
 
 
HB4304- 138 -LRB103 35638 RLC 65713 b


1 convicted or found guilty of:
2   (A) a felony;
3   (B) a misdemeanor involving the use or threat of 
4 physical force or violence to any person within the 5 
5 years preceding the date of the application; or
6   (C) 2 or more violations related to driving while 
7 under the influence of alcohol, other drug or drugs, 
8 intoxicating compound or compounds, or any combination 
9 thereof, within the 5 years preceding the date of the 
10 license application;
11  (6) whether the applicant has failed a drug test for a 
12 drug for which the applicant did not have a prescription, 
13 within the previous year, and if so, the provider of the 
14 test, the specific substance involved, and the date of the 
15 test;
16  (7) written consent for the Illinois State Police to 
17 review and use the applicant's Illinois digital driver's 
18 license or Illinois identification card photograph and 
19 signature;
20  (8) unless submitted under subsection (a-25) of 
21 Section 4 of the Firearm Owners Identification Card Act, a 
22 full set of fingerprints submitted to the Illinois State 
23 Police in electronic format, provided the Illinois State 
24 Police may accept an application submitted without a set 
25 of fingerprints, in which case the Illinois State Police 
26 shall be granted 30 days in addition to the 90 days 
 
 
HB4304- 139 -LRB103 35638 RLC 65713 b


1 provided under subsection (e) of Section 10 of this Act to 
2 issue or deny a license;
3  (9) a head and shoulder color photograph in a size 
4 specified by the Illinois State Police taken within the 30 
5 days preceding the date of the license application; and
6  (10) a photocopy of any certificates or other evidence 
7 of compliance with the training requirements under this 
8 Act.
9(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
10102-813, eff. 5-13-22.)

11 (430 ILCS 66/40)
12 Sec. 40. Non-resident license applications. 
13 (a) For the purposes of this Section, "non-resident" means 
14a person who has not resided within this State for more than 30 
15days and resides in another state or territory.
16 (b) The Illinois State Police shall by rule allow for 
17non-resident license applications from any state or territory 
18of the United States with laws related to firearm ownership, 
19possession, and carrying, that are substantially similar to 
20the requirements to obtain a license under this Act.
21 (c) A resident of a state or territory approved by the 
22Illinois State Police under subsection (b) of this Section may 
23apply for a non-resident license. The applicant shall apply to 
24the Illinois State Police and must meet all of the 
25qualifications established in Section 25 of this Act, except 
 
 
HB4304- 140 -LRB103 35638 RLC 65713 b


1for the Illinois residency requirement in item (xiv) of 
2paragraph (2) of subsection (a) of Section 4 of the Firearm 
3Owners Identification Card Act. The applicant shall submit:
4  (1) the application and documentation required under 
5 Section 30 of this Act and the applicable fee;
6  (2) a notarized document stating that the applicant:
7   (A) is eligible under federal law and the laws of 
8 his or her state or territory of residence to own or 
9 possess a firearm;
10   (B) if applicable, has a license or permit to 
11 carry a firearm or concealed firearm issued by his or 
12 her state or territory of residence and attach a copy 
13 of the license or permit to the application;
14   (C) understands Illinois laws pertaining to the 
15 possession and transport of firearms; and
16   (D) acknowledges that the applicant is subject to 
17 the jurisdiction of the Illinois State Police and 
18 Illinois courts for any violation of this Act;
19  (3) a photocopy of any certificates or other evidence 
20 of compliance with the training requirements under Section 
21 75 of this Act; and
22  (4) a head and shoulder color photograph in a size 
23 specified by the Illinois State Police taken within the 30 
24 days preceding the date of the application.
25 (d) In lieu of an Illinois driver's license or Illinois 
26identification card, a non-resident applicant shall provide 
 
 
HB4304- 141 -LRB103 35638 RLC 65713 b


1similar documentation from his or her state or territory of 
2residence. The applicant shall submit In lieu of a valid 
3Firearm Owner's Identification Card, the applicant shall 
4submit documentation and information required by the Illinois 
5State Police to obtain a Firearm Owner's Identification Card, 
6including an affidavit that the non-resident meets the mental 
7health standards to obtain a firearm under Illinois law, and 
8the Illinois State Police shall ensure that the applicant 
9would meet the eligibility criteria under State law to possess 
10a firearm to obtain a Firearm Owner's Identification card if 
11he or she was a resident of this State.
12 (e) Nothing in this Act shall prohibit a non-resident from 
13transporting a concealed firearm within his or her vehicle in 
14Illinois, if the concealed firearm remains within his or her 
15vehicle and the non-resident:
16  (1) is not prohibited from owning or possessing a 
17 firearm under federal law;
18  (2) is eligible to carry a firearm in public under the 
19 laws of his or her state or territory of residence, as 
20 evidenced by the possession of a concealed carry license 
21 or permit issued by his or her state of residence, if 
22 applicable; and
23  (3) is not in possession of a license under this Act.
24 If the non-resident leaves his or her vehicle unattended, 
25he or she shall store the firearm within a locked vehicle or 
26locked container within the vehicle in accordance with 
 
 
HB4304- 142 -LRB103 35638 RLC 65713 b


1subsection (b) of Section 65 of this Act.
2(Source: P.A. 102-538, eff. 8-20-21.)

3 (430 ILCS 66/66)
4 Sec. 66. Illinois State Police to monitor databases for 
5firearms prohibitors. The Illinois State Police shall 
6continuously monitor relevant State and federal databases for 
7firearms prohibitors and correlate those records with 
8concealed carry license holders to ensure compliance with this 
9Act and any other State and federal laws. As used in this 
10Section, "firearms prohibitor" means any factor listed in 
11Section 8 or Section 8.2 of the Firearm Owners Identification 
12Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 
13that prohibits a person from transferring or possessing a 
14firearm, firearm ammunition, Firearm Owner's Identification 
15Card, or concealed carry license.
16(Source: P.A. 102-237, eff. 1-1-22.)

17 (430 ILCS 66/70)
18 Sec. 70. Violations. 
19 (a) A license issued or renewed under this Act shall be 
20revoked if, at any time, the licensee is found to be ineligible 
21for a license under this Act or the licensee is prohibited from 
22possessing a firearm under State or federal law no longer 
23meets the eligibility requirements of the Firearm Owners 
24Identification Card Act.
 
 
HB4304- 143 -LRB103 35638 RLC 65713 b


1 (b) A license shall be suspended if an order of 
2protection, including an emergency order of protection, 
3plenary order of protection, or interim order of protection 
4under Article 112A of the Code of Criminal Procedure of 1963 or 
5under the Illinois Domestic Violence Act of 1986, or if a 
6firearms restraining order, including an emergency firearms 
7restraining order, under the Firearms Restraining Order Act, 
8is issued against a licensee for the duration of the order, or 
9if the Illinois State Police is made aware of a similar order 
10issued against the licensee in any other jurisdiction. If an 
11order of protection is issued against a licensee, the licensee 
12shall surrender the license, as applicable, to the court at 
13the time the order is entered or to the law enforcement agency 
14or entity serving process at the time the licensee is served 
15the order. The court, law enforcement agency, or entity 
16responsible for serving the order of protection shall notify 
17the Illinois State Police within 7 days and transmit the 
18license to the Illinois State Police.
19 (c) A license is invalid upon expiration of the license, 
20unless the licensee has submitted an application to renew the 
21license, and the applicant is otherwise eligible to possess a 
22license under this Act.
23 (d) A licensee shall not carry a concealed firearm while 
24under the influence of alcohol, other drug or drugs, 
25intoxicating compound or combination of compounds, or any 
26combination thereof, under the standards set forth in 
 
 
HB4304- 144 -LRB103 35638 RLC 65713 b


1subsection (a) of Section 11-501 of the Illinois Vehicle Code.
2 A licensee in violation of this subsection (d) shall be 
3guilty of a Class A misdemeanor for a first or second violation 
4and a Class 4 felony for a third violation. The Illinois State 
5Police may suspend a license for up to 6 months for a second 
6violation and shall permanently revoke a license for a third 
7violation.
8 (e) Except as otherwise provided, a licensee in violation 
9of this Act shall be guilty of a Class B misdemeanor. A second 
10or subsequent violation is a Class A misdemeanor. The Illinois 
11State Police may suspend a license for up to 6 months for a 
12second violation and shall permanently revoke a license for 3 
13or more violations of Section 65 of this Act. Any person 
14convicted of a violation under this Section shall pay a $150 
15fee to be deposited into the Mental Health Reporting Fund, 
16plus any applicable court costs or fees.
17 (f) A licensee convicted or found guilty of a violation of 
18this Act who has a valid license and is otherwise eligible to 
19carry a concealed firearm shall only be subject to the 
20penalties under this Section and shall not be subject to the 
21penalties under Section 21-6, paragraph (4), (8), or (10) of 
22subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
23of paragraph (3) of subsection (a) of Section 24-1.6 of the 
24Criminal Code of 2012. Except as otherwise provided in this 
25subsection, nothing in this subsection prohibits the licensee 
26from being subjected to penalties for violations other than 
 
 
HB4304- 145 -LRB103 35638 RLC 65713 b


1those specified in this Act.
2 (g) A licensee whose license is revoked, suspended, or 
3denied shall, within 48 hours of receiving notice of the 
4revocation, suspension, or denial, surrender his or her 
5concealed carry license to the local law enforcement agency 
6where the person resides. The local law enforcement agency 
7shall provide the licensee a receipt and transmit the 
8concealed carry license to the Illinois State Police. If the 
9licensee whose concealed carry license has been revoked, 
10suspended, or denied fails to comply with the requirements of 
11this subsection, the law enforcement agency where the person 
12resides may petition the circuit court to issue a warrant to 
13search for and seize the concealed carry license in the 
14possession and under the custody or control of the licensee 
15whose concealed carry license has been revoked, suspended, or 
16denied. The observation of a concealed carry license in the 
17possession of a person whose license has been revoked, 
18suspended, or denied constitutes a sufficient basis for the 
19arrest of that person for violation of this subsection. A 
20violation of this subsection is a Class A misdemeanor.
21 (h) (Blank). Except as otherwise provided in subsection 
22(h-5), a license issued or renewed under this Act shall be 
23revoked if, at any time, the licensee is found ineligible for a 
24Firearm Owner's Identification Card, or the licensee no longer 
25possesses a valid Firearm Owner's Identification Card. If the 
26Firearm Owner's Identification Card is expired or suspended 
 
 
HB4304- 146 -LRB103 35638 RLC 65713 b


1rather than denied or revoked, the license may be suspended 
2for a period of up to one year to allow the licensee to 
3reinstate his or her Firearm Owner's Identification Card. The 
4Illinois State Police shall adopt rules to enforce this 
5subsection. A licensee whose license is revoked under this 
6subsection (h) shall surrender his or her concealed carry 
7license as provided for in subsection (g) of this Section. 
8 This subsection shall not apply to a person who has filed 
9an application with the Illinois State Police for renewal of a 
10Firearm Owner's Identification Card and who is not otherwise 
11ineligible to obtain a Firearm Owner's Identification Card.
12 (h-5) (Blank). If the Firearm Owner's Identification Card 
13of a licensee under this Act expires during the term of the 
14license issued under this Act, the license and the Firearm 
15Owner's Identification Card remain valid, and the Illinois 
16State Police may automatically renew the licensee's Firearm 
17Owner's Identification Card as provided in subsection (c) of 
18Section 5 of the Firearm Owners Identification Card Act.
19 (i) A certified firearms instructor who knowingly provides 
20or offers to provide a false certification that an applicant 
21has completed firearms training as required under this Act is 
22guilty of a Class A misdemeanor. A person guilty of a violation 
23of this subsection (i) is not eligible for court supervision. 
24The Illinois State Police shall permanently revoke the 
25firearms instructor certification of a person convicted under 
26this subsection (i). 
 
 
HB4304- 147 -LRB103 35638 RLC 65713 b


1(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
2102-813, eff. 5-13-22.)

3 (430 ILCS 66/80)
4 Sec. 80. Certified firearms instructors. 
5 (a) Within 60 days of the effective date of this Act, the 
6Illinois State Police shall begin approval of certified 
7firearms instructors and enter certified firearms instructors 
8into an online registry on the Illinois State Police's 
9website.
10 (b) A person who is not a certified firearms instructor 
11shall not teach applicant training courses or advertise or 
12otherwise represent courses they teach as qualifying their 
13students to meet the requirements to receive a license under 
14this Act. Each violation of this subsection is a business 
15offense with a fine of at least $1,000 per violation.
16 (c) A person seeking to become a certified firearms 
17instructor shall:
18  (1) be at least 21 years of age;
19  (2) be a legal resident of the United States; and
20  (3) meet the requirements of Section 25 of this Act, 
21 except for the Illinois residency requirement in item 
22 (xiv) of paragraph (2) of subsection (a) of Section 4 of 
23 the Firearm Owners Identification Card Act; and any 
24 additional uniformly applied requirements established by 
25 the Illinois State Police.
 
 
HB4304- 148 -LRB103 35638 RLC 65713 b


1 (d) A person seeking to become a certified firearms 
2instructor, in addition to the requirements of subsection (c) 
3of this Section, shall:
4  (1) possess a high school diploma or State of Illinois 
5 High School Diploma; and
6  (2) have at least one of the following valid firearms 
7 instructor certifications:
8   (A) certification from a law enforcement agency;
9   (B) certification from a firearm instructor course 
10 offered by a State or federal governmental agency;
11   (C) certification from a firearm instructor 
12 qualification course offered by the Illinois Law 
13 Enforcement Training Standards Board; or
14   (D) certification from an entity approved by the 
15 Illinois State Police that offers firearm instructor 
16 education and training in the use and safety of 
17 firearms.
18 (e) A person may have his or her firearms instructor 
19certification denied or revoked if he or she does not meet the 
20requirements to obtain a license under this Act, provides 
21false or misleading information to the Illinois State Police, 
22or has had a prior instructor certification revoked or denied 
23by the Illinois State Police.
24(Source: P.A. 102-538, eff. 8-20-21; 102-1100, eff. 1-1-23.)

25 (430 ILCS 66/105)
 
 
HB4304- 149 -LRB103 35638 RLC 65713 b


1 Sec. 105. Duty of school administrator. It is the duty of 
2the principal of a public elementary or secondary school, or 
3his or her designee, and the chief administrative officer of a 
4private elementary or secondary school or a public or private 
5community college, college, or university, or his or her 
6designee, to report to the Illinois State Police when a 
7student is determined to pose a clear and present danger to 
8himself, herself, or to others, within 24 hours of the 
9determination as provided in Section 6-103.3 of the Mental 
10Health and Developmental Disabilities Code. "Clear and present 
11danger" has the meaning as provided in paragraph (2) of the 
12definition of "clear and present danger" in Section 6-103.3 of 
13the Mental Health and Developmental Disabilities Code 1.1 of 
14the Firearm Owners Identification Card Act.
15(Source: P.A. 102-538, eff. 8-20-21.)

16 Section 66. The Firearms Restraining Order Act is amended 
17by changing Sections 35 and 40 as follows:

18 (430 ILCS 67/35)
19 Sec. 35. Ex parte orders and emergency hearings. 
20 (a) A petitioner may request an emergency firearms 
21restraining order by filing an affidavit or verified pleading 
22alleging that the respondent poses an immediate and present 
23danger of causing personal injury to himself, herself, or 
24another by having in his or her custody or control, 
 
 
HB4304- 150 -LRB103 35638 RLC 65713 b


1purchasing, possessing, or receiving a firearm, ammunition, or 
2firearm parts that could be assembled to make an operable 
3firearm. The petition shall also describe the type and 
4location of any firearm or firearms, ammunition, or firearm 
5parts that could be assembled to make an operable firearm 
6presently believed by the petitioner to be possessed or 
7controlled by the respondent. 
8 (b) If the respondent is alleged to pose an immediate and 
9present danger of causing personal injury to an intimate 
10partner, or an intimate partner is alleged to have been the 
11target of a threat or act of violence by the respondent, the 
12petitioner shall make a good faith effort to provide notice to 
13any and all intimate partners of the respondent. The notice 
14must include that the petitioner intends to petition the court 
15for an emergency firearms restraining order, and, if the 
16petitioner is a law enforcement officer, referral to relevant 
17domestic violence or stalking advocacy or counseling 
18resources, if appropriate. The petitioner shall attest to 
19having provided the notice in the filed affidavit or verified 
20pleading. If, after making a good faith effort, the petitioner 
21is unable to provide notice to any or all intimate partners, 
22the affidavit or verified pleading should describe what 
23efforts were made.
24 (c) Every person who files a petition for an emergency 
25firearms restraining order, knowing the information provided 
26to the court at any hearing or in the affidavit or verified 
 
 
HB4304- 151 -LRB103 35638 RLC 65713 b


1pleading to be false, is guilty of perjury under Section 32-2 
2of the Criminal Code of 2012. 
3 (d) An emergency firearms restraining order shall be 
4issued on an ex parte basis, that is, without notice to the 
5respondent. 
6 (e) An emergency hearing held on an ex parte basis shall be 
7held the same day that the petition is filed or the next day 
8that the court is in session. 
9 (f) If a circuit or associate judge finds probable cause 
10to believe that the respondent poses an immediate and present 
11danger of causing personal injury to himself, herself, or 
12another by having in his or her custody or control, 
13purchasing, possessing, or receiving a firearm, ammunition, or 
14firearm parts that could be assembled to make an operable 
15firearm, the circuit or associate judge shall issue an 
16emergency order. 
17 (f-5) If the court issues an emergency firearms 
18restraining order, it shall, upon a finding of probable cause 
19that the respondent possesses firearms, ammunition, or firearm 
20parts that could be assembled to make an operable firearm, 
21issue a search warrant directing a law enforcement agency to 
22seize the respondent's firearms, ammunition, and firearm parts 
23that could be assembled to make an operable firearm. The court 
24may, as part of that warrant, direct the law enforcement 
25agency to search the respondent's residence and other places 
26where the court finds there is probable cause to believe he or 
 
 
HB4304- 152 -LRB103 35638 RLC 65713 b


1she is likely to possess the firearms, ammunition, or firearm 
2parts that could be assembled to make an operable firearm. A 
3return of the search warrant shall be filed by the law 
4enforcement agency within 4 days thereafter, setting forth the 
5time, date, and location that the search warrant was executed 
6and what items, if any, were seized. 
7 (g) An emergency firearms restraining order shall require: 
8  (1) the respondent to refrain from having in his or 
9 her custody or control, purchasing, possessing, or 
10 receiving additional firearms, ammunition, or firearm 
11 parts that could be assembled to make an operable firearm, 
12 or removing firearm parts that could be assembled to make 
13 an operable firearm for the duration of the order under 
14 Section 8.2 of the Firearm Owners Identification Card Act; 
15 and
16  (2) the respondent to comply with Section 9.5 of the 
17 Firearm Owners Identification Card Act and subsection (g) 
18 of Section 70 of the Firearm Concealed Carry Act.
19 (h) Except as otherwise provided in subsection (h-5) of 
20this Section, upon expiration of the period of safekeeping, if 
21the firearms, ammunition, and firearm parts that could be 
22assembled to make an operable firearm or Firearm Owner's 
23Identification Card and concealed carry license cannot be 
24returned to the respondent because the respondent cannot be 
25located, fails to respond to requests to retrieve the 
26firearms, or is not lawfully eligible to possess a firearm, 
 
 
HB4304- 153 -LRB103 35638 RLC 65713 b


1ammunition, or firearm parts that could be assembled to make 
2an operable firearm, upon petition from the local law 
3enforcement agency, the court may order the local law 
4enforcement agency to destroy the firearms, ammunition, and 
5firearm parts that could be assembled to make an operable 
6firearm, use the firearms, ammunition, and firearm parts that 
7could be assembled to make an operable firearm for training 
8purposes, or use the firearms, ammunition, and firearm parts 
9that could be assembled to make an operable firearm for any 
10other application as deemed appropriate by the local law 
11enforcement agency. 
12 (h-5) On or before January 1, 2022, a respondent whose 
13firearms have been turned over to a local law enforcement 
14agency Firearm Owner's Identification Card has been revoked or 
15suspended may petition the court, if the petitioner is present 
16in court or has notice of the respondent's petition, to 
17transfer the respondent's firearm, ammunition, and firearm 
18parts that could be assembled to make an operable firearm to a 
19person who is lawfully able to possess the firearm, 
20ammunition, and firearm parts that could be assembled to make 
21an operable firearm if the person does not reside at the same 
22address as the respondent. Notice of the petition shall be 
23served upon the person protected by the emergency firearms 
24restraining order. While the order is in effect, the 
25transferee who receives the respondent's firearms, ammunition, 
26and firearm parts that could be assembled to make an operable 
 
 
HB4304- 154 -LRB103 35638 RLC 65713 b


1firearm must swear or affirm by affidavit that he or she shall 
2not transfer the firearm, ammunition, and firearm parts that 
3could be assembled to make an operable firearm to the 
4respondent or to anyone residing in the same residence as the 
5respondent.
6 (h-6) If a person other than the respondent claims title 
7to any firearms, ammunition, and firearm parts that could be 
8assembled to make an operable firearm surrendered under this 
9Section, he or she may petition the court, if the petitioner is 
10present in court or has notice of the petition, to have the 
11firearm, ammunition, and firearm parts that could be assembled 
12to make an operable firearm returned to him or her. If the 
13court determines that person to be the lawful owner of the 
14firearm, ammunition, and firearm parts that could be assembled 
15to make an operable firearm, the firearm, ammunition, and 
16firearm parts that could be assembled to make an operable 
17firearm shall be returned to him or her, provided that:
18  (1) the firearm, ammunition, and firearm parts that 
19 could be assembled to make an operable firearm are removed 
20 from the respondent's custody, control, or possession and 
21 the lawful owner agrees to store the firearm, ammunition, 
22 and firearm parts that could be assembled to make an 
23 operable firearm in a manner such that the respondent does 
24 not have access to or control of the firearm, ammunition, 
25 and firearm parts that could be assembled to make an 
26 operable firearm; and
 
 
HB4304- 155 -LRB103 35638 RLC 65713 b


1  (2) the firearm, ammunition, and firearm parts that 
2 could be assembled to make an operable firearm are not 
3 otherwise unlawfully possessed by the owner.
4 The person petitioning for the return of his or her 
5firearm, ammunition, and firearm parts that could be assembled 
6to make an operable firearm must swear or affirm by affidavit 
7that he or she: (i) is the lawful owner of the firearm, 
8ammunition, and firearm parts that could be assembled to make 
9an operable firearm; (ii) shall not transfer the firearm, 
10ammunition, and firearm parts that could be assembled to make 
11an operable firearm to the respondent; and (iii) will store 
12the firearm, ammunition, and firearm parts that could be 
13assembled to make an operable firearm in a manner that the 
14respondent does not have access to or control of the firearm, 
15ammunition, and firearm parts that could be assembled to make 
16an operable firearm. 
17 (i) In accordance with subsection (e) of this Section, the 
18court shall schedule a full hearing as soon as possible, but no 
19longer than 14 days from the issuance of an ex parte firearms 
20restraining order, to determine if a 6-month firearms 
21restraining order shall be issued. The court may extend an ex 
22parte order as needed, but not to exceed 14 days, to effectuate 
23service of the order or if necessary to continue protection. 
24The court may extend the order for a greater length of time by 
25mutual agreement of the parties. 
26(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
 
 
HB4304- 156 -LRB103 35638 RLC 65713 b


1102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
25-13-22.)

3 (430 ILCS 67/40)
4 Sec. 40. Plenary orders. 
5 (a) A petitioner may request a firearms restraining order 
6for up to one year by filing an affidavit or verified pleading 
7alleging that the respondent poses a significant danger of 
8causing personal injury to himself, herself, or another in the 
9near future by having in his or her custody or control, 
10purchasing, possessing, or receiving a firearm, ammunition, 
11and firearm parts that could be assembled to make an operable 
12firearm. The petition shall also describe the number, types, 
13and locations of any firearms, ammunition, and firearm parts 
14that could be assembled to make an operable firearm presently 
15believed by the petitioner to be possessed or controlled by 
16the respondent. The firearms restraining order may be renewed 
17for an additional period of up to one year in accordance with 
18Section 45 of this Act. 
19 (b) If the respondent is alleged to pose a significant 
20danger of causing personal injury to an intimate partner, or 
21an intimate partner is alleged to have been the target of a 
22threat or act of violence by the respondent, the petitioner 
23shall make a good faith effort to provide notice to any and all 
24intimate partners of the respondent. The notice must include 
25the duration of time that the petitioner intends to petition 
 
 
HB4304- 157 -LRB103 35638 RLC 65713 b


1the court for a firearms restraining order, and, if the 
2petitioner is a law enforcement officer, referral to relevant 
3domestic violence or stalking advocacy or counseling 
4resources, if appropriate. The petitioner shall attest to 
5having provided the notice in the filed affidavit or verified 
6pleading. If, after making a good faith effort, the petitioner 
7is unable to provide notice to any or all intimate partners, 
8the affidavit or verified pleading should describe what 
9efforts were made.
10 (c) Every person who files a petition for a plenary 
11firearms restraining order, knowing the information provided 
12to the court at any hearing or in the affidavit or verified 
13pleading to be false, is guilty of perjury under Section 32-2 
14of the Criminal Code of 2012. 
15 (d) Upon receipt of a petition for a plenary firearms 
16restraining order, the court shall order a hearing within 30 
17days. 
18 (e) In determining whether to issue a firearms restraining 
19order under this Section, the court shall consider evidence 
20including, but not limited to, the following: 
21  (1) The unlawful and reckless use, display, or 
22 brandishing of a firearm, ammunition, and firearm parts 
23 that could be assembled to make an operable firearm by the 
24 respondent. 
25  (2) The history of use, attempted use, or threatened 
26 use of physical force by the respondent against another 
 
 
HB4304- 158 -LRB103 35638 RLC 65713 b


1 person. 
2  (3) Any prior arrest of the respondent for a felony 
3 offense.
4  (4) Evidence of the abuse of controlled substances or 
5 alcohol by the respondent.
6  (5) A recent threat of violence or act of violence by 
7 the respondent directed toward himself, herself, or 
8 another.
9  (6) A violation of an emergency order of protection 
10 issued under Section 217 of the Illinois Domestic Violence 
11 Act of 1986 or Section 112A-17 of the Code of Criminal 
12 Procedure of 1963 or of an order of protection issued 
13 under Section 214 of the Illinois Domestic Violence Act of 
14 1986 or Section 112A-14 of the Code of Criminal Procedure 
15 of 1963. 
16  (7) A pattern of violent acts or violent threats, 
17 including, but not limited to, threats of violence or acts 
18 of violence by the respondent directed toward himself, 
19 herself, or another.
20 (f) At the hearing, the petitioner shall have the burden 
21of proving, by clear and convincing evidence, that the 
22respondent poses a significant danger of personal injury to 
23himself, herself, or another by having in his or her custody or 
24control, purchasing, possessing, or receiving a firearm, 
25ammunition, and firearm parts that could be assembled to make 
26an operable firearm.
 
 
HB4304- 159 -LRB103 35638 RLC 65713 b


1 (g) If the court finds that there is clear and convincing 
2evidence to issue a plenary firearms restraining order, the 
3court shall issue a firearms restraining order that shall be 
4in effect for up to one year, but not less than 6 months, 
5subject to renewal under Section 45 of this Act or termination 
6under that Section. 
7 (g-5) If the court issues a plenary firearms restraining 
8order, it shall, upon a finding of probable cause that the 
9respondent possesses firearms, ammunition, and firearm parts 
10that could be assembled to make an operable firearm, issue a 
11search warrant directing a law enforcement agency to seize the 
12respondent's firearms, ammunition, and firearm parts that 
13could be assembled to make an operable firearm. The court may, 
14as part of that warrant, direct the law enforcement agency to 
15search the respondent's residence and other places where the 
16court finds there is probable cause to believe he or she is 
17likely to possess the firearms, ammunition, and firearm parts 
18that could be assembled to make an operable firearm. A return 
19of the search warrant shall be filed by the law enforcement 
20agency within 4 days thereafter, setting forth the time, date, 
21and location that the search warrant was executed and what 
22items, if any, were seized. 
23 (h) A plenary firearms restraining order shall require:
24  (1) the respondent to refrain from having in his or 
25 her custody or control, purchasing, possessing, or 
26 receiving additional firearms, ammunition, and firearm 
 
 
HB4304- 160 -LRB103 35638 RLC 65713 b


1 parts that could be assembled to make an operable firearm 
2 for the duration of the order under Section 8.2 of the 
3 Firearm Owners Identification Card Act; and
4  (2) the respondent to comply with Section 9.5 of the 
5 Firearm Owners Identification Card Act and subsection (g) 
6 of Section 70 of the Firearm Concealed Carry Act.
7 (i) Except as otherwise provided in subsection (i-5) of 
8this Section, upon expiration of the period of safekeeping, if 
9the firearms, ammunition, and firearm parts that could be 
10assembled to make an operable firearm or Firearm Owner's 
11Identification Card cannot be returned to the respondent 
12because the respondent cannot be located, fails to respond to 
13requests to retrieve the firearms, ammunition, and firearm 
14parts that could be assembled to make an operable firearm, or 
15is not lawfully eligible to possess a firearm, ammunition, and 
16firearm parts that could be assembled to make an operable 
17firearm, upon petition from the local law enforcement agency, 
18the court may order the local law enforcement agency to 
19destroy the firearms, ammunition, and firearm parts that could 
20be assembled to make an operable firearm, use the firearms, 
21ammunition, and firearm parts that could be assembled to make 
22an operable firearm for training purposes, or use the 
23firearms, ammunition, and firearm parts that could be 
24assembled to make an operable firearm for any other 
25application as deemed appropriate by the local law enforcement 
26agency.
 
 
HB4304- 161 -LRB103 35638 RLC 65713 b


1 (i-5) A respondent whose firearms have been turned over to 
2a local law enforcement agency Firearm Owner's Identification 
3Card has been revoked or suspended may petition the court, if 
4the petitioner is present in court or has notice of the 
5respondent's petition, to transfer the respondent's firearm, 
6ammunition, and firearm parts that could be assembled to make 
7an operable firearm to a person who is lawfully able to possess 
8the firearm, ammunition, and firearm parts that could be 
9assembled to make an operable firearm if the person does not 
10reside at the same address as the respondent. Notice of the 
11petition shall be served upon the person protected by the 
12emergency firearms restraining order. While the order is in 
13effect, the transferee who receives the respondent's firearms, 
14ammunition, and firearm parts that could be assembled to make 
15an operable firearm must swear or affirm by affidavit that he 
16or she shall not transfer the firearm, ammunition, and firearm 
17parts that could be assembled to make an operable firearm to 
18the respondent or to anyone residing in the same residence as 
19the respondent.
20 (i-6) If a person other than the respondent claims title 
21to any firearms, ammunition, and firearm parts that could be 
22assembled to make an operable firearm surrendered under this 
23Section, he or she may petition the court, if the petitioner is 
24present in court or has notice of the petition, to have the 
25firearm, ammunition, and firearm parts that could be assembled 
26to make an operable firearm returned to him or her. If the 
 
 
HB4304- 162 -LRB103 35638 RLC 65713 b


1court determines that person to be the lawful owner of the 
2firearm, ammunition, and firearm parts that could be assembled 
3to make an operable firearm, the firearm, ammunition, and 
4firearm parts that could be assembled to make an operable 
5firearm shall be returned to him or her, provided that:
6  (1) the firearm, ammunition, and firearm parts that 
7 could be assembled to make an operable firearm are removed 
8 from the respondent's custody, control, or possession and 
9 the lawful owner agrees to store the firearm, ammunition, 
10 and firearm parts that could be assembled to make an 
11 operable firearm in a manner such that the respondent does 
12 not have access to or control of the firearm, ammunition, 
13 and firearm parts that could be assembled to make an 
14 operable firearm; and
15  (2) the firearm, ammunition, and firearm parts that 
16 could be assembled to make an operable firearm are not 
17 otherwise unlawfully possessed by the owner.
18 The person petitioning for the return of his or her 
19firearm, ammunition, and firearm parts that could be assembled 
20to make an operable firearm must swear or affirm by affidavit 
21that he or she: (i) is the lawful owner of the firearm, 
22ammunition, and firearm parts that could be assembled to make 
23an operable firearm; (ii) shall not transfer the firearm, 
24ammunition, and firearm parts that could be assembled to make 
25an operable firearm to the respondent; and (iii) will store 
26the firearm, ammunition, and firearm parts that could be 
 
 
HB4304- 163 -LRB103 35638 RLC 65713 b


1assembled to make an operable firearm in a manner that the 
2respondent does not have access to or control of the firearm, 
3ammunition, and firearm parts that could be assembled to make 
4an operable firearm. 
5 (j) If the court does not issue a firearms restraining 
6order at the hearing, the court shall dissolve any emergency 
7firearms restraining order then in effect.
8 (k) When the court issues a firearms restraining order 
9under this Section, the court shall inform the respondent that 
10he or she is entitled to one hearing during the period of the 
11order to request a termination of the order, under Section 45 
12of this Act, and shall provide the respondent with a form to 
13request a hearing. 
14(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
15102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
165-13-22; 102-1116, eff. 1-10-23.)

17 Section 67. The Firearm Dealer License Certification Act 
18is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as 
19follows:

20 (430 ILCS 68/5-20)
21 Sec. 5-20. Additional licensee requirements. 
22 (a) A certified licensee shall make a photo copy of a 
23buyer's or transferee's valid photo identification card 
24whenever a firearm sale transaction takes place. The photo 
 
 
HB4304- 164 -LRB103 35638 RLC 65713 b


1copy shall be attached to the documentation detailing the 
2record of sale.
3 (b) A certified licensee shall post in a conspicuous 
4position on the premises where the licensee conducts business 
5a sign that contains the following warning in block letters 
6not less than one inch in height:
7  "With few exceptions enumerated in the Criminal Code 
8 of 2012 Firearm Owners Identification Card Act, it is 
9 unlawful for you to:
10   (A) store or leave an unsecured firearm in a place 
11 where a child can obtain access to it; or 
12   (B) sell or transfer your firearm to someone else 
13 without receiving approval for the transfer from the 
14 Illinois State Police, or
15   (B) (C) fail to report the loss or theft of your 
16 firearm to local law enforcement within 72 hours.".
17This sign shall be created by the Illinois State Police and 
18made available for printing or downloading from the Illinois 
19State Police's website.
20 (c) No retail location established after the effective 
21date of this Act shall be located within 500 feet of any 
22school, pre-school, or day care facility in existence at its 
23location before the retail location is established as measured 
24from the nearest corner of the building holding the retail 
25location to the corner of the school, pre-school, or day care 
26facility building nearest the retail location at the time the 
 
 
HB4304- 165 -LRB103 35638 RLC 65713 b


1retail location seeks licensure.
2(Source: P.A. 102-538, eff. 8-20-21.)

3 (430 ILCS 68/5-25)
4 Sec. 5-25. Exemptions. The provisions of this Act related 
5to the certification of a license do not apply to a person or 
6entity that engages in the following activities:
7  (1) temporary transfers of firearms solely for use at 
8 the location or on the premises where the transfer takes 
9 place, such as transfers at a shooting range for use at 
10 that location;
11  (2) temporary transfers of firearms solely for use 
12 while in the presence of the transferor or transfers for 
13 the purposes of firearm safety training by a firearms 
14 safety training instructor;
15  (3) transfers of firearms among immediate family or 
16 household members, as "immediate family or household 
17 member" is defined in Section 3-2.7-10 of the Unified Code 
18 of Corrections, provided that both the transferor and 
19 transferee are not prohibited from possessing a firearm 
20 under federal or State law have a currently valid Firearm 
21 Owner's Identification Card; however, this paragraph (3) 
22 does not limit the familial gift exemption under paragraph 
23 (2) of subsection (a-15) of Section 3 of the Firearm 
24 Owners Identification Card Act;
25  (4) transfers by persons or entities acting under 
 
 
HB4304- 166 -LRB103 35638 RLC 65713 b


1 operation of law or a court order;
2  (5) transfers by persons or entities liquidating all 
3 or part of a collection. For purposes of this paragraph 
4 (5), "collection" means 2 or more firearms which are of 
5 special interest to collectors by reason of some quality 
6 other than is associated with firearms intended for 
7 sporting use or as offensive or defensive weapons;
8  (6) transfers of firearms that have been rendered 
9 permanently inoperable to a nonprofit historical society, 
10 museum, or institutional collection;
11  (7) transfers by a law enforcement or corrections 
12 agency or a law enforcement or corrections officer acting 
13 within the course and scope of his or her official duties;
14  (8) (blank); transfers to a State or local law 
15 enforcement agency by a person who has his or her Firearm 
16 Owner's Identification Card revoked;
17  (9) transfers of curios and relics, as defined under 
18 federal law, between collectors licensed under subsection 
19 (b) of Section 923 of the federal Gun Control Act of 1968;
20  (10) transfers by a person or entity licensed as an 
21 auctioneer under the Auction License Act;
22  (10.5) transfers of firearms to a resident registered 
23 competitor or attendee or non-resident registered 
24 competitor or attendee by a licensed federal firearms 
25 dealer under Section 923 of the federal Gun Control Act of 
26 1968 at a competitive shooting event held at the World 
 
 
HB4304- 167 -LRB103 35638 RLC 65713 b


1 Shooting and Recreational Complex that is sanctioned by a 
2 national governing body; or 
3  (11) transfers between a pawnshop and a customer which 
4 amount to a bailment. For purposes of this paragraph (11), 
5 "bailment" means the act of placing property in the 
6 custody and control of another, by agreement in which the 
7 holder is responsible for the safekeeping and return of 
8 the property. 
9(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)

10 (430 ILCS 68/5-40)
11 Sec. 5-40. Qualifications for operation. 
12 (a) Each certified licensee shall submit with each 
13application for certification or renewal an affidavit to the 
14Illinois State Police stating that each owner, employee, or 
15other agent of the certified licensee who sells or conducts 
16transfers of firearms for the certified licensee is at least 
1721 years of age, has a currently valid Firearm Owner's 
18Identification Card and, for a renewal, has completed the 
19training required under Section 5-30. The affidavit must also 
20contain the name and Firearm Owner's Identification Card 
21number of each owner, employee, or other agent who sells or 
22conducts transfers of firearms for the certified licensee. If 
23an owner, employee, or other agent of the certified licensee 
24is not otherwise a resident of this State, the certified 
25licensee shall submit an affidavit stating that the owner, 
 
 
HB4304- 168 -LRB103 35638 RLC 65713 b


1employee, or other agent has undergone a background check and 
2is not prohibited from owning or possessing firearms.
3 (b) In addition to the affidavit required under subsection 
4(a), within 30 days of a new owner, employee, or other agent 
5beginning selling or conducting transfers of firearms for the 
6certified licensee, the certified licensee shall submit an 
7affidavit to the Illinois State Police stating the date that 
8the new owner, employee, or other agent began selling or 
9conducting transfers of firearms for the certified licensee, 
10and providing the information required in subsection (a) for 
11that new owner, employee, or other agent.
12 (c) If a certified licensee has a license, certificate, or 
13permit to sell, lease, transfer, purchase, or possess firearms 
14issued by the federal government or the government of any 
15state revoked or suspended for good cause within the preceding 
164 years, the Illinois State Police may consider revoking or 
17suspending the certified licenses in this State. In making a 
18determination of whether or not to revoke or suspend a 
19certified license in this State, the Illinois State Police 
20shall consider the number of retail locations the certified 
21licensee or any related person or entity operates in this 
22State or in other states under the same or different business 
23names, and the severity of the infraction in the state in which 
24a license was revoked or suspended.
25 (d) Applications and affidavits required under this 
26Section are not subject to disclosure by the Illinois State 
 
 
HB4304- 169 -LRB103 35638 RLC 65713 b


1Police under the Freedom of Information Act.
2(Source: P.A. 102-538, eff. 8-20-21.)

3 (430 ILCS 68/5-85)
4 Sec. 5-85. Disciplinary sanctions. 
5 (a) For violations of this Act not penalized under Section 
65-15, the Illinois State Police may refuse to renew or 
7restore, or may reprimand, place on probation, suspend, 
8revoke, or take other disciplinary or non-disciplinary action 
9against any licensee, and may impose a fine commensurate with 
10the severity of the violation not to exceed $10,000 for each 
11violation for any of the following, consistent with the 
12Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901 
13through 7903: 
14  (1) Violations of this Act, or any law applicable to 
15 the sale or transfer of firearms. 
16  (2) A pattern of practice or other behavior which 
17 demonstrates incapacity or incompetency to practice under 
18 this Act. 
19  (3) Aiding or assisting another person in violating 
20 any provision of this Act or rules adopted under this Act. 
21  (4) Failing, within 60 days, to provide information in 
22 response to a written request made by the Illinois State 
23 Police. 
24  (5) Conviction of, plea of guilty to, or plea of nolo 
25 contendere to any crime that disqualifies the person from 
 
 
HB4304- 170 -LRB103 35638 RLC 65713 b


1 obtaining a firearm valid Firearm Owner's Identification 
2 Card. 
3  (6) Continued practice, although the person has become 
4 unfit to practice due to any of the following: 
5   (A) Any circumstance that disqualifies the person 
6 from obtaining a firearm valid Firearm Owner's 
7 Identification Card or concealed carry license. 
8   (B) Habitual or excessive use or abuse of drugs 
9 defined in law as controlled substances, alcohol, or 
10 any other substance that results in the inability to 
11 practice with reasonable judgment, skill, or safety.
12  (7) Receiving, directly or indirectly, compensation 
13 for any firearms sold or transferred illegally. 
14  (8) Discipline by another United States jurisdiction, 
15 foreign nation, or governmental agency, if at least one of 
16 the grounds for the discipline is the same or 
17 substantially equivalent to those set forth in this Act. 
18  (9) Violation of any disciplinary order imposed on a 
19 licensee by the Illinois State Police. 
20  (10) A finding by the Illinois State Police that the 
21 licensee, after having his or her certified license placed 
22 on probationary status, has violated the terms of 
23 probation. 
24  (11) A fraudulent or material misstatement in the 
25 completion of an affirmative obligation or inquiry by law 
26 enforcement.
 
 
HB4304- 171 -LRB103 35638 RLC 65713 b


1 (b) All fines imposed under this Section shall be paid 
2within 90 days after the effective date of the final order 
3imposing the fine.
4(Source: P.A. 102-538, eff. 8-20-21.)

5 Section 70. The Wildlife Code is amended by changing 
6Sections 3.2 and 3.2a as follows:

7 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
8 Sec. 3.2. Hunting license; application; instruction. 
9Before the Department or any county, city, village, township, 
10incorporated town clerk or his duly designated agent or any 
11other person authorized or designated by the Department to 
12issue hunting licenses shall issue a hunting license to any 
13person, the person shall file his application with the 
14Department or other party authorized to issue licenses on a 
15form provided by the Department and further give definite 
16proof of identity and place of legal residence. Each clerk 
17designating agents to issue licenses and stamps shall furnish 
18the Department, within 10 days following the appointment, the 
19names and mailing addresses of the agents. Each clerk or his 
20duly designated agent shall be authorized to sell licenses and 
21stamps only within the territorial area for which he was 
22elected or appointed. No duly designated agent is authorized 
23to furnish licenses or stamps for issuance by any other 
24business establishment. Each application shall be executed and 
 
 
HB4304- 172 -LRB103 35638 RLC 65713 b


1sworn to and shall set forth the name and description of the 
2applicant and place of residence.
3 No hunting license shall be issued to any person born on or 
4after January 1, 1980 unless he presents the person authorized 
5to issue the license evidence that he has held a hunting 
6license issued by the State of Illinois or another state in a 
7prior year, or a certificate of competency as provided in this 
8Section. Persons under 18 years of age may be issued a Lifetime 
9Hunting or Sportsmen's Combination License as provided under 
10Section 20-45 of the Fish and Aquatic Life Code but shall not 
11be entitled to hunt alone, without the supervision of an adult 
12age 21 or older, unless they have a certificate of competency 
13as provided in this Section and the certificate is in their 
14possession while hunting.
15 The Department of Natural Resources shall authorize 
16personnel of the Department or certified volunteer instructors 
17to conduct courses, of not less than 10 hours in length, in 
18firearms and hunter safety, which may include training in bow 
19and arrow safety, at regularly specified intervals throughout 
20the State. Persons successfully completing the course shall 
21receive a certificate of competency. The Department of Natural 
22Resources may further cooperate with any reputable association 
23or organization in establishing courses if the organization 
24has as one of its objectives the promotion of safety in the 
25handling of firearms or bow and arrow.
26 The Department of Natural Resources shall designate any 
 
 
HB4304- 173 -LRB103 35638 RLC 65713 b


1person found by it to be competent to give instruction in the 
2handling of firearms, hunter safety, and bow and arrow. The 
3persons so appointed shall give the course of instruction and 
4upon the successful completion shall issue to the person 
5instructed a certificate of competency in the safe handling of 
6firearms, hunter safety, and bow and arrow. No charge shall be 
7made for any course of instruction except for materials or 
8ammunition consumed. The Department of Natural Resources shall 
9furnish information on the requirements of hunter safety 
10education programs to be distributed free of charge to 
11applicants for hunting licenses by the persons appointed and 
12authorized to issue licenses. Funds for the conducting of 
13firearms and hunter safety courses shall be taken from the fee 
14charged for the Firearm Owners Identification Card.
15 The fee for a hunting license to hunt all species for a 
16resident of Illinois is $12. For residents age 65 or older, 
17and, commencing with the 2012 license year, resident veterans 
18of the United States Armed Forces after returning from service 
19abroad or mobilization by the President of the United States 
20as an active duty member of the United States Armed Forces, the 
21Illinois National Guard, or the Reserves of the United States 
22Armed Forces, the fee is one-half of the fee charged for a 
23hunting license to hunt all species for a resident of 
24Illinois. Veterans must provide to the Department acceptable 
25verification of their service. The Department shall establish 
26by administrative rule the procedure by which such 
 
 
HB4304- 174 -LRB103 35638 RLC 65713 b


1verification of service shall be made to the Department for 
2the purpose of issuing resident veterans hunting licenses at a 
3reduced fee. The fee for a hunting license to hunt all species 
4shall be $1 for residents over 75 years of age. Nonresidents 
5shall be charged $57 for a hunting license.
6 Residents of this State may obtain a 3-year hunting 
7license to hunt all species as described in Section 3.1 for 3 
8times the annual fee. For residents age 65 or older and 
9resident veterans of the United States Armed Forces after 
10returning from service abroad or mobilization by the President 
11of the United States, the fee is one-half of the fee charged 
12for a 3-year hunting license to hunt all species as described 
13in Section 3.1 for a resident of this State. Veterans must 
14provide to the Department, per administrative rule, 
15verification of their service. The Department shall establish 
16what constitutes suitable verification of service for the 
17purpose of issuing resident veterans 3-year hunting licenses 
18at a reduced fee. 
19 Nonresidents may be issued a nonresident hunting license 
20for a period not to exceed 10 consecutive days' hunting in the 
21State and shall be charged a fee of $35.
22 A special nonresident hunting license authorizing a 
23nonresident to take game birds by hunting on a game breeding 
24and hunting preserve area only, established under Section 
253.27, shall be issued upon proper application being made and 
26payment of a fee equal to that for a resident hunting license. 
 
 
HB4304- 175 -LRB103 35638 RLC 65713 b


1The expiration date of this license shall be on the same date 
2each year that game breeding and hunting preserve area 
3licenses expire.
4 Each applicant for a State Migratory Waterfowl Stamp, 
5regardless of his residence or other condition, shall pay a 
6fee of $15 and shall receive a stamp. The fee for a State 
7Migratory Waterfowl Stamp shall be waived for residents over 
875 years of age. Except as provided under Section 20-45 of the 
9Fish and Aquatic Life Code, the stamp shall be signed by the 
10person or affixed to his license or permit in a space 
11designated by the Department for that purpose.
12 Each applicant for a State Habitat Stamp, regardless of 
13his residence or other condition, shall pay a fee of $5 and 
14shall receive a stamp. The fee for a State Habitat Stamp shall 
15be waived for residents over 75 years of age. Except as 
16provided under Section 20-45 of the Fish and Aquatic Life 
17Code, the stamp shall be signed by the person or affixed to his 
18license or permit in a space designated by the Department for 
19that purpose.
20 Nothing in this Section shall be construed as to require 
21the purchase of more than one State Habitat Stamp by any person 
22in any one license year.
23 The fees for State Pheasant Stamps and State Furbearer 
24Stamps shall be waived for residents over 75 years of age. 
25 The Department shall furnish the holders of hunting 
26licenses and stamps with an insignia as evidence of possession 
 
 
HB4304- 176 -LRB103 35638 RLC 65713 b


1of license, or license and stamp, as the Department may 
2consider advisable. The insignia shall be exhibited and used 
3as the Department may order.
4 All other hunting licenses and all State stamps shall 
5expire upon March 31 of each year. Three-year hunting licenses 
6shall expire on March 31 of the 2nd year after the year in 
7which the license is issued.
8 Every person holding any license, permit, or stamp issued 
9under the provisions of this Act shall have it in his 
10possession for immediate presentation for inspection to the 
11officers and authorized employees of the Department, any 
12sheriff, deputy sheriff, or any other peace officer making a 
13demand for it. This provision shall not apply to Department 
14owned or managed sites where it is required that all hunters 
15deposit their license or , permit, or Firearm Owner's 
16Identification Card at the check station upon entering the 
17hunting areas.
18 For the purposes of this Section, "acceptable 
19verification" means official documentation from the Department 
20of Defense or the appropriate Major Command showing 
21mobilization dates or service abroad dates, including: (i) a 
22DD-214, (ii) a letter from the Illinois Department of Military 
23Affairs for members of the Illinois National Guard, (iii) a 
24letter from the Regional Reserve Command for members of the 
25Armed Forces Reserve, (iv) a letter from the Major Command 
26covering Illinois for active duty members, (v) personnel 
 
 
HB4304- 177 -LRB103 35638 RLC 65713 b


1records for mobilized State employees, and (vi) any other 
2documentation that the Department, by administrative rule, 
3deems acceptable to establish dates of mobilization or service 
4abroad. 
5 For the purposes of this Section, the term "service 
6abroad" means active duty service outside of the 50 United 
7States and the District of Columbia, and includes all active 
8duty service in territories and possessions of the United 
9States. 
10(Source: P.A. 102-780, eff. 5-13-22; 103-456, eff. 1-1-24.)

11 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
12 Sec. 3.2a. Every person holding any license, permit or 
13stamp issued under the provisions hereof shall have it in his 
14possession for immediate presentation for inspection to the 
15officers and authorized employees of the Department, any 
16sheriff, deputy sheriff or any other peace officer making a 
17demand for it. This provision shall not apply to Department 
18owned or managed sites where it is required that all hunters 
19deposit their license or , permit or Firearm Owner's 
20Identification Card at the check station upon entering the 
21hunting areas. 
22(Source: P.A. 85-152.)

23 Section 71. The Illinois Vehicle Code is amended by 
24changing Section 2-116 as follows:

 
 
HB4304- 178 -LRB103 35638 RLC 65713 b


1 (625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
2 Sec. 2-116. Secretary of State Department of Police. 
3 (a) The Secretary of State and the officers, inspectors, 
4and investigators appointed by him shall cooperate with the 
5Illinois State Police and the sheriffs and police in enforcing 
6the laws regulating the operation of vehicles and the use of 
7the highways.
8 (b) The Secretary of State may provide training and 
9education for members of his office in traffic regulation, the 
10promotion of traffic safety and the enforcement of laws vested 
11in the Secretary of State for administration and enforcement 
12regulating the operation of vehicles and the use of the 
13highways.
14 (c) The Secretary of State may provide distinctive 
15uniforms and badges for officers, inspectors and investigators 
16employed in the administration of laws relating to the 
17operation of vehicles and the use of the highways and vesting 
18the administration and enforcement of such laws in the 
19Secretary of State.
20 (c-5) The Director of the Secretary of State Department of 
21Police shall establish a program to allow a Secretary of State 
22Police officer, inspector, or investigator who is honorably 
23retiring in good standing to purchase either one or both of the 
24following: (1) any Secretary of State Department of Police 
25badge previously issued to that officer, inspector, or 
 
 
HB4304- 179 -LRB103 35638 RLC 65713 b


1investigator; or (2) if the officer, inspector, or 
2investigator has a currently valid Firearm Owner's 
3Identification Card, the service firearm issued or previously 
4issued to the officer, inspector, or investigator by the 
5Secretary of State Department of Police. The cost of the 
6firearm shall be the replacement value of the firearm and not 
7the firearm's fair market value. 
8 (d) The Secretary of State Department of Police is 
9authorized to:
10  (1) investigate the origins, activities, persons, and 
11 incidents of crime and the ways and means, if any, to 
12 redress the victims of crimes, and study the impact, if 
13 any, of legislation relative to the criminal laws of this 
14 State related thereto and conduct any other investigations 
15 as may be provided by law;
16  (2) employ skilled experts, technicians, 
17 investigators, special agents, or otherwise specially 
18 qualified persons to aid in preventing or detecting crime, 
19 apprehending criminals, or preparing and presenting 
20 evidence of violations of the criminal laws of the State;
21  (3) cooperate with the police of cities, villages, and 
22 incorporated towns, and with the police officers of any 
23 county, in enforcing the laws of the State and in making 
24 arrests;
25  (4) provide, as may be required by law, assistance to 
26 local law enforcement agencies through training, 
 
 
HB4304- 180 -LRB103 35638 RLC 65713 b


1 management, and consultant services for local law 
2 enforcement agencies, pertaining to law enforcement 
3 activities;
4  (5) exercise the rights, powers, and duties which have 
5 been vested in it by the Secretary of State Act and this 
6 Code; and
7  (6) enforce and administer any other laws in relation 
8 to law enforcement as may be vested in the Secretary of 
9 State Department of Police.
10 Persons within the Secretary of State Department of Police 
11who exercise these powers are conservators of the peace and 
12have all the powers possessed by policemen in municipalities 
13and sheriffs, and may exercise these powers anywhere in the 
14State in cooperation with local law enforcement officials. 
15These persons may use false or fictitious names in the 
16performance of their duties under this Section, upon approval 
17of the Director of Police-Secretary of State, and shall not be 
18subject to prosecution under the criminal laws for that use.
19 (e) The Secretary of State Department of Police may 
20charge, collect, and receive fees or moneys equivalent to the 
21cost of providing its personnel, equipment, and services to 
22governmental agencies when explicitly requested by a 
23governmental agency and according to an intergovernmental 
24agreement or memorandums of understanding as provided by this 
25Section, including but not limited to fees or moneys 
26equivalent to the cost of providing training to other 
 
 
HB4304- 181 -LRB103 35638 RLC 65713 b


1governmental agencies on terms and conditions that in the 
2judgment of the Director of Police-Secretary of State are in 
3the best interest of the Secretary of State. All fees received 
4by the Secretary of State Police Department under this Act 
5shall be deposited in a special fund in the State Treasury to 
6be known as the Secretary of State Police Services Fund. The 
7money deposited in the Secretary of State Police Services Fund 
8shall be appropriated to the Secretary of State Department of 
9Police as provided for in subsection (g).
10 (f) The Secretary of State Department of Police may apply 
11for grants or contracts and receive, expend, allocate, or 
12disburse moneys made available by public or private entities, 
13including, but not limited to, contracts, bequests, grants, or 
14receiving equipment from corporations, foundations, or public 
15or private institutions of higher learning.
16 (g) The Secretary of State Police Services Fund is hereby 
17created as a special fund in the State Treasury. All moneys 
18received under this Section by the Secretary of State 
19Department of Police shall be deposited into the Secretary of 
20State Police Services Fund to be appropriated to the Secretary 
21of State Department of Police for purposes as indicated by the 
22grantor or contractor or, in the case of moneys bequeathed or 
23granted for no specific purpose, for any purpose as deemed 
24appropriate by the Director of Police-Secretary of State in 
25administering the responsibilities of the Secretary of State 
26Department of Police.
 
 
HB4304- 182 -LRB103 35638 RLC 65713 b


1(Source: P.A. 102-538, eff. 8-20-21.)

2 Section 75. The Criminal Code of 2012 is amended by 
3changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, 
424-1.1, 24-1.6, 24-1.8, 24-1.9, 24-1.10, 24-2, 24-3, 24-3.1, 
524-3.2, 24-3.4, 24-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and 
6adding Section 24-4.5 as follows:

7 (720 ILCS 5/2-7.1)
8 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition". 
9"Firearm "Firearm" and "firearm ammunition" means any 
10self-contained cartridge or shotgun shell, by whatever name 
11known, which is designed to be used or adaptable to use in a 
12firearm; excluding, however:
13 (1) any ammunition exclusively designed for use with a 
14device used exclusively for signaling or safety and required 
15or recommended by the United States Coast Guard or the 
16Interstate Commerce Commission; and
17 (2) any ammunition designed exclusively for use with a 
18stud or rivet driver or other similar industrial ammunition 
19have the meanings ascribed to them in Section 1.1 of the 
20Firearm Owners Identification Card Act.
21(Source: P.A. 91-544, eff. 1-1-00.)

22 (720 ILCS 5/2-7.5)
23 Sec. 2-7.5. "Firearm". Except as otherwise provided in a 
 
 
HB4304- 183 -LRB103 35638 RLC 65713 b


1specific Section, "firearm" means any device, by whatever name 
2known, which is designed to expel a projectile or projectiles 
3by the action of an explosion, expansion of gas or escape of 
4gas; excluding, however:
5 (1) any pneumatic gun, spring gun, paint ball gun, or B-B 
6gun which expels a single globular projectile not exceeding 
7.18 inch in diameter or which has a maximum muzzle velocity of 
8less than 700 feet per second;
9 (1.1) any pneumatic gun, spring gun, paint ball gun, or 
10B-B gun which expels breakable paint balls containing washable 
11marking colors; 
12 (2) any device used exclusively for signaling or safety 
13and required or recommended by the United States Coast Guard 
14or the Interstate Commerce Commission;
15 (3) any device used exclusively for the firing of stud 
16cartridges, explosive rivets, or similar industrial 
17ammunition; and
18 (4) an antique firearm (other than a machine-gun) which, 
19although designed as a weapon, the Illinois State Police finds 
20by reason of the date of its manufacture, value, design, and 
21other characteristics is primarily a collector's item and is 
22not likely to be used as a weapon has the meaning ascribed to 
23it in Section 1.1 of the Firearm Owners Identification Card 
24Act.
25(Source: P.A. 95-331, eff. 8-21-07.)

 
 
HB4304- 184 -LRB103 35638 RLC 65713 b


1 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
2 Sec. 12-3.05. Aggravated battery. 
3 (a) Offense based on injury. A person commits aggravated 
4battery when, in committing a battery, other than by the 
5discharge of a firearm, he or she knowingly does any of the 
6following:
7  (1) Causes great bodily harm or permanent disability 
8 or disfigurement.
9  (2) Causes severe and permanent disability, great 
10 bodily harm, or disfigurement by means of a caustic or 
11 flammable substance, a poisonous gas, a deadly biological 
12 or chemical contaminant or agent, a radioactive substance, 
13 or a bomb or explosive compound.
14  (3) Causes great bodily harm or permanent disability 
15 or disfigurement to an individual whom the person knows to 
16 be a peace officer, community policing volunteer, fireman, 
17 private security officer, correctional institution 
18 employee, or Department of Human Services employee 
19 supervising or controlling sexually dangerous persons or 
20 sexually violent persons:
21   (i) performing his or her official duties;
22   (ii) battered to prevent performance of his or her 
23 official duties; or
24   (iii) battered in retaliation for performing his 
25 or her official duties.
26  (4) Causes great bodily harm or permanent disability 
 
 
HB4304- 185 -LRB103 35638 RLC 65713 b


1 or disfigurement to an individual 60 years of age or 
2 older.
3  (5) Strangles another individual. 
4 (b) Offense based on injury to a child or person with an 
5intellectual disability. A person who is at least 18 years of 
6age commits aggravated battery when, in committing a battery, 
7he or she knowingly and without legal justification by any 
8means:
9  (1) causes great bodily harm or permanent disability 
10 or disfigurement to any child under the age of 13 years, or 
11 to any person with a severe or profound intellectual 
12 disability; or
13  (2) causes bodily harm or disability or disfigurement 
14 to any child under the age of 13 years or to any person 
15 with a severe or profound intellectual disability. 
16 (c) Offense based on location of conduct. A person commits 
17aggravated battery when, in committing a battery, other than 
18by the discharge of a firearm, he or she is or the person 
19battered is on or about a public way, public property, a public 
20place of accommodation or amusement, a sports venue, or a 
21domestic violence shelter, or in a church, synagogue, mosque, 
22or other building, structure, or place used for religious 
23worship.
24 (d) Offense based on status of victim. A person commits 
25aggravated battery when, in committing a battery, other than 
26by discharge of a firearm, he or she knows the individual 
 
 
HB4304- 186 -LRB103 35638 RLC 65713 b


1battered to be any of the following:
2  (1) A person 60 years of age or older.
3  (2) A person who is pregnant or has a physical 
4 disability.
5  (3) A teacher or school employee upon school grounds 
6 or grounds adjacent to a school or in any part of a 
7 building used for school purposes.
8  (4) A peace officer, community policing volunteer, 
9 fireman, private security officer, correctional 
10 institution employee, or Department of Human Services 
11 employee supervising or controlling sexually dangerous 
12 persons or sexually violent persons:
13   (i) performing his or her official duties;
14   (ii) battered to prevent performance of his or her 
15 official duties; or
16   (iii) battered in retaliation for performing his 
17 or her official duties.
18  (5) A judge, emergency management worker, emergency 
19 medical services personnel, or utility worker:
20   (i) performing his or her official duties;
21   (ii) battered to prevent performance of his or her 
22 official duties; or
23   (iii) battered in retaliation for performing his 
24 or her official duties.
25  (6) An officer or employee of the State of Illinois, a 
26 unit of local government, or a school district, while 
 
 
HB4304- 187 -LRB103 35638 RLC 65713 b


1 performing his or her official duties.
2  (7) A transit employee performing his or her official 
3 duties, or a transit passenger.
4  (8) A taxi driver on duty.
5  (9) A merchant who detains the person for an alleged 
6 commission of retail theft under Section 16-26 of this 
7 Code and the person without legal justification by any 
8 means causes bodily harm to the merchant.
9  (10) A person authorized to serve process under 
10 Section 2-202 of the Code of Civil Procedure or a special 
11 process server appointed by the circuit court while that 
12 individual is in the performance of his or her duties as a 
13 process server.
14  (11) A nurse while in the performance of his or her 
15 duties as a nurse. 
16  (12) A merchant: (i) while performing his or her 
17 duties, including, but not limited to, relaying directions 
18 for healthcare or safety from his or her supervisor or 
19 employer or relaying health or safety guidelines, 
20 recommendations, regulations, or rules from a federal, 
21 State, or local public health agency; and (ii) during a 
22 disaster declared by the Governor, or a state of emergency 
23 declared by the mayor of the municipality in which the 
24 merchant is located, due to a public health emergency and 
25 for a period of 6 months after such declaration. 
26 (e) Offense based on use of a firearm. A person commits 
 
 
HB4304- 188 -LRB103 35638 RLC 65713 b


1aggravated battery when, in committing a battery, he or she 
2knowingly does any of the following:
3  (1) Discharges a firearm, other than a machine gun or 
4 a firearm equipped with a silencer, and causes any injury 
5 to another person.
6  (2) Discharges a firearm, other than a machine gun or 
7 a firearm equipped with a silencer, and causes any injury 
8 to a person he or she knows to be a peace officer, 
9 community policing volunteer, person summoned by a police 
10 officer, fireman, private security officer, correctional 
11 institution employee, or emergency management worker:
12   (i) performing his or her official duties;
13   (ii) battered to prevent performance of his or her 
14 official duties; or
15   (iii) battered in retaliation for performing his 
16 or her official duties.
17  (3) Discharges a firearm, other than a machine gun or 
18 a firearm equipped with a silencer, and causes any injury 
19 to a person he or she knows to be emergency medical 
20 services personnel:
21   (i) performing his or her official duties;
22   (ii) battered to prevent performance of his or her 
23 official duties; or
24   (iii) battered in retaliation for performing his 
25 or her official duties.
26  (4) Discharges a firearm and causes any injury to a 
 
 
HB4304- 189 -LRB103 35638 RLC 65713 b


1 person he or she knows to be a teacher, a student in a 
2 school, or a school employee, and the teacher, student, or 
3 employee is upon school grounds or grounds adjacent to a 
4 school or in any part of a building used for school 
5 purposes.
6  (5) Discharges a machine gun or a firearm equipped 
7 with a silencer, and causes any injury to another person.
8  (6) Discharges a machine gun or a firearm equipped 
9 with a silencer, and causes any injury to a person he or 
10 she knows to be a peace officer, community policing 
11 volunteer, person summoned by a police officer, fireman, 
12 private security officer, correctional institution 
13 employee or emergency management worker:
14   (i) performing his or her official duties;
15   (ii) battered to prevent performance of his or her 
16 official duties; or
17   (iii) battered in retaliation for performing his 
18 or her official duties.
19  (7) Discharges a machine gun or a firearm equipped 
20 with a silencer, and causes any injury to a person he or 
21 she knows to be emergency medical services personnel:
22   (i) performing his or her official duties;
23   (ii) battered to prevent performance of his or her 
24 official duties; or
25   (iii) battered in retaliation for performing his 
26 or her official duties.
 
 
HB4304- 190 -LRB103 35638 RLC 65713 b


1  (8) Discharges a machine gun or a firearm equipped 
2 with a silencer, and causes any injury to a person he or 
3 she knows to be a teacher, or a student in a school, or a 
4 school employee, and the teacher, student, or employee is 
5 upon school grounds or grounds adjacent to a school or in 
6 any part of a building used for school purposes. 
7 (f) Offense based on use of a weapon or device. A person 
8commits aggravated battery when, in committing a battery, he 
9or she does any of the following:
10  (1) Uses a deadly weapon other than by discharge of a 
11 firearm, or uses an air rifle as defined in Section 
12 24.8-0.1 of this Code.
13  (2) Wears a hood, robe, or mask to conceal his or her 
14 identity.
15  (3) Knowingly and without lawful justification shines 
16 or flashes a laser gunsight or other laser device attached 
17 to a firearm, or used in concert with a firearm, so that 
18 the laser beam strikes upon or against the person of 
19 another.
20  (4) Knowingly video or audio records the offense with 
21 the intent to disseminate the recording. 
22 (g) Offense based on certain conduct. A person commits 
23aggravated battery when, other than by discharge of a firearm, 
24he or she does any of the following:
25  (1) Violates Section 401 of the Illinois Controlled 
26 Substances Act by unlawfully delivering a controlled 
 
 
HB4304- 191 -LRB103 35638 RLC 65713 b


1 substance to another and any user experiences great bodily 
2 harm or permanent disability as a result of the injection, 
3 inhalation, or ingestion of any amount of the controlled 
4 substance.
5  (2) Knowingly administers to an individual or causes 
6 him or her to take, without his or her consent or by threat 
7 or deception, and for other than medical purposes, any 
8 intoxicating, poisonous, stupefying, narcotic, 
9 anesthetic, or controlled substance, or gives to another 
10 person any food containing any substance or object 
11 intended to cause physical injury if eaten.
12  (3) Knowingly causes or attempts to cause a 
13 correctional institution employee or Department of Human 
14 Services employee to come into contact with blood, seminal 
15 fluid, urine, or feces by throwing, tossing, or expelling 
16 the fluid or material, and the person is an inmate of a 
17 penal institution or is a sexually dangerous person or 
18 sexually violent person in the custody of the Department 
19 of Human Services.
20 (h) Sentence. Unless otherwise provided, aggravated 
21battery is a Class 3 felony.
22 Aggravated battery as defined in subdivision (a)(4), 
23(d)(4), or (g)(3) is a Class 2 felony.
24 Aggravated battery as defined in subdivision (a)(3) or 
25(g)(1) is a Class 1 felony.
26 Aggravated battery as defined in subdivision (a)(1) is a 
 
 
HB4304- 192 -LRB103 35638 RLC 65713 b


1Class 1 felony when the aggravated battery was intentional and 
2involved the infliction of torture, as defined in paragraph 
3(10) of subsection (b-5) of Section 5-8-1 of the Unified Code 
4of Corrections, as the infliction of or subjection to extreme 
5physical pain, motivated by an intent to increase or prolong 
6the pain, suffering, or agony of the victim. 
7 Aggravated battery as defined in subdivision (a)(1) is a 
8Class 2 felony when the person causes great bodily harm or 
9permanent disability to an individual whom the person knows to 
10be a member of a congregation engaged in prayer or other 
11religious activities at a church, synagogue, mosque, or other 
12building, structure, or place used for religious worship. 
13 Aggravated battery under subdivision (a)(5) is a Class 1 
14felony if:
15  (A) the person used or attempted to use a dangerous 
16 instrument while committing the offense;
17  (B) the person caused great bodily harm or permanent 
18 disability or disfigurement to the other person while 
19 committing the offense; or
20  (C) the person has been previously convicted of a 
21 violation of subdivision (a)(5) under the laws of this 
22 State or laws similar to subdivision (a)(5) of any other 
23 state. 
24 Aggravated battery as defined in subdivision (e)(1) is a 
25Class X felony.
26 Aggravated battery as defined in subdivision (a)(2) is a 
 
 
HB4304- 193 -LRB103 35638 RLC 65713 b


1Class X felony for which a person shall be sentenced to a term 
2of imprisonment of a minimum of 6 years and a maximum of 45 
3years.
4 Aggravated battery as defined in subdivision (e)(5) is a 
5Class X felony for which a person shall be sentenced to a term 
6of imprisonment of a minimum of 12 years and a maximum of 45 
7years.
8 Aggravated battery as defined in subdivision (e)(2), 
9(e)(3), or (e)(4) is a Class X felony for which a person shall 
10be sentenced to a term of imprisonment of a minimum of 15 years 
11and a maximum of 60 years.
12 Aggravated battery as defined in subdivision (e)(6), 
13(e)(7), or (e)(8) is a Class X felony for which a person shall 
14be sentenced to a term of imprisonment of a minimum of 20 years 
15and a maximum of 60 years.
16 Aggravated battery as defined in subdivision (b)(1) is a 
17Class X felony, except that:
18  (1) if the person committed the offense while armed 
19 with a firearm, 15 years shall be added to the term of 
20 imprisonment imposed by the court;
21  (2) if, during the commission of the offense, the 
22 person personally discharged a firearm, 20 years shall be 
23 added to the term of imprisonment imposed by the court;
24  (3) if, during the commission of the offense, the 
25 person personally discharged a firearm that proximately 
26 caused great bodily harm, permanent disability, permanent 
 
 
HB4304- 194 -LRB103 35638 RLC 65713 b


1 disfigurement, or death to another person, 25 years or up 
2 to a term of natural life shall be added to the term of 
3 imprisonment imposed by the court.
4 (i) Definitions. In this Section:
5 "Building or other structure used to provide shelter" has 
6the meaning ascribed to "shelter" in Section 1 of the Domestic 
7Violence Shelters Act.
8 "Domestic violence" has the meaning ascribed to it in 
9Section 103 of the Illinois Domestic Violence Act of 1986.
10 "Domestic violence shelter" means any building or other 
11structure used to provide shelter or other services to victims 
12or to the dependent children of victims of domestic violence 
13pursuant to the Illinois Domestic Violence Act of 1986 or the 
14Domestic Violence Shelters Act, or any place within 500 feet 
15of such a building or other structure in the case of a person 
16who is going to or from such a building or other structure.
17 "Firearm" has the meaning provided under Section 2-7.5 of 
18this Code 1.1 of the Firearm Owners Identification Card Act, 
19and does not include an air rifle as defined by Section 
2024.8-0.1 of this Code. 
21 "Machine gun" has the meaning ascribed to it in Section 
2224-1 of this Code.
23 "Merchant" has the meaning ascribed to it in Section 
2416-0.1 of this Code. 
25 "Strangle" means intentionally impeding the normal 
26breathing or circulation of the blood of an individual by 
 
 
HB4304- 195 -LRB103 35638 RLC 65713 b


1applying pressure on the throat or neck of that individual or 
2by blocking the nose or mouth of that individual. 
3(Source: P.A. 103-51, eff. 1-1-24.)

4 (720 ILCS 5/16-0.1)
5 Sec. 16-0.1. Definitions. In this Article, unless the 
6context clearly requires otherwise, the following terms are 
7defined as indicated:
8 "Access" means to use, instruct, communicate with, store 
9data in, retrieve or intercept data from, or otherwise utilize 
10any services of a computer.
11 "Coin-operated machine" includes any automatic vending 
12machine or any part thereof, parking meter, coin telephone, 
13coin-operated transit turnstile, transit fare box, coin 
14laundry machine, coin dry cleaning machine, amusement machine, 
15music machine, vending machine dispensing goods or services, 
16or money changer.
17 "Communication device" means any type of instrument, 
18device, machine, or equipment which is capable of 
19transmitting, acquiring, decrypting, or receiving any 
20telephonic, electronic, data, Internet access, audio, video, 
21microwave, or radio transmissions, signals, communications, or 
22services, including the receipt, acquisition, transmission, or 
23decryption of all such communications, transmissions, signals, 
24or services provided by or through any cable television, fiber 
25optic, telephone, satellite, microwave, radio, Internet-based, 
 
 
HB4304- 196 -LRB103 35638 RLC 65713 b


1data transmission, or wireless distribution network, system or 
2facility; or any part, accessory, or component thereof, 
3including any computer circuit, security module, smart card, 
4software, computer chip, electronic mechanism or other 
5component, accessory or part of any communication device which 
6is capable of facilitating the transmission, decryption, 
7acquisition or reception of all such communications, 
8transmissions, signals, or services.
9 "Communication service" means any service lawfully 
10provided for a charge or compensation to facilitate the lawful 
11origination, transmission, emission, or reception of signs, 
12signals, data, writings, images, and sounds or intelligence of 
13any nature by telephone, including cellular telephones or a 
14wire, wireless, radio, electromagnetic, photo-electronic or 
15photo-optical system; and also any service lawfully provided 
16by any radio, telephone, cable television, fiber optic, 
17satellite, microwave, Internet-based or wireless distribution 
18network, system, facility or technology, including, but not 
19limited to, any and all electronic, data, video, audio, 
20Internet access, telephonic, microwave and radio 
21communications, transmissions, signals and services, and any 
22such communications, transmissions, signals and services 
23lawfully provided directly or indirectly by or through any of 
24those networks, systems, facilities or technologies.
25 "Communication service provider" means: (1) any person or 
26entity providing any communication service, whether directly 
 
 
HB4304- 197 -LRB103 35638 RLC 65713 b


1or indirectly, as a reseller, including, but not limited to, a 
2cellular, paging or other wireless communications company or 
3other person or entity which, for a fee, supplies the 
4facility, cell site, mobile telephone switching office or 
5other equipment or communication service; (2) any person or 
6entity owning or operating any cable television, fiber optic, 
7satellite, telephone, wireless, microwave, radio, data 
8transmission or Internet-based distribution network, system or 
9facility; and (3) any person or entity providing any 
10communication service directly or indirectly by or through any 
11such distribution system, network or facility.
12 "Computer" means a device that accepts, processes, stores, 
13retrieves or outputs data, and includes but is not limited to 
14auxiliary storage and telecommunications devices connected to 
15computers.
16 "Continuing course of conduct" means a series of acts, and 
17the accompanying mental state necessary for the crime in 
18question, irrespective of whether the series of acts are 
19continuous or intermittent. 
20 "Delivery container" means any bakery basket of wire or 
21plastic used to transport or store bread or bakery products, 
22any dairy case of wire or plastic used to transport or store 
23dairy products, and any dolly or cart of 2 or 4 wheels used to 
24transport or store any bakery or dairy product.
25 "Document-making implement" means any implement, 
26impression, template, computer file, computer disc, electronic 
 
 
HB4304- 198 -LRB103 35638 RLC 65713 b


1device, computer hardware, computer software, instrument, or 
2device that is used to make a real or fictitious or fraudulent 
3personal identification document.
4 "Financial transaction device" means any of the following:
5  (1) An electronic funds transfer card.
6  (2) A credit card.
7  (3) A debit card.
8  (4) A point-of-sale card.
9  (5) Any instrument, device, card, plate, code, account 
10 number, personal identification number, or a record or 
11 copy of a code, account number, or personal identification 
12 number or other means of access to a credit account or 
13 deposit account, or a driver's license or State 
14 identification card used to access a proprietary account, 
15 other than access originated solely by a paper instrument, 
16 that can be used alone or in conjunction with another 
17 access device, for any of the following purposes:
18   (A) Obtaining money, cash refund or credit 
19 account, credit, goods, services, or any other thing 
20 of value.
21   (B) Certifying or guaranteeing to a person or 
22 business the availability to the device holder of 
23 funds on deposit to honor a draft or check payable to 
24 the order of that person or business.
25   (C) Providing the device holder access to a 
26 deposit account for the purpose of making deposits, 
 
 
HB4304- 199 -LRB103 35638 RLC 65713 b


1 withdrawing funds, transferring funds between deposit 
2 accounts, obtaining information pertaining to a 
3 deposit account, or making an electronic funds 
4 transfer.
5 "Full retail value" means the merchant's stated or 
6advertised price of the merchandise. "Full retail value" 
7includes the aggregate value of property obtained from retail 
8thefts committed by the same person as part of a continuing 
9course of conduct from one or more mercantile establishments 
10in a single transaction or in separate transactions over a 
11period of one year.
12 "Internet" means an interactive computer service or system 
13or an information service, system, or access software provider 
14that provides or enables computer access by multiple users to 
15a computer server, and includes, but is not limited to, an 
16information service, system, or access software provider that 
17provides access to a network system commonly known as the 
18Internet, or any comparable system or service and also 
19includes, but is not limited to, a World Wide Web page, 
20newsgroup, message board, mailing list, or chat area on any 
21interactive computer service or system or other online 
22service.
23 "Library card" means a card or plate issued by a library 
24facility for purposes of identifying the person to whom the 
25library card was issued as authorized to borrow library 
26material, subject to all limitations and conditions imposed on 
 
 
HB4304- 200 -LRB103 35638 RLC 65713 b


1the borrowing by the library facility issuing such card.
2 "Library facility" includes any public library or museum, 
3or any library or museum of an educational, historical or 
4eleemosynary institution, organization or society.
5 "Library material" includes any book, plate, picture, 
6photograph, engraving, painting, sculpture, statue, artifact, 
7drawing, map, newspaper, pamphlet, broadside, magazine, 
8manuscript, document, letter, microfilm, sound recording, 
9audiovisual material, magnetic or other tape, electronic data 
10processing record or other documentary, written or printed 
11material regardless of physical form or characteristics, or 
12any part thereof, belonging to, or on loan to or otherwise in 
13the custody of a library facility.
14 "Manufacture or assembly of an unlawful access device" 
15means to make, produce or assemble an unlawful access device 
16or to modify, alter, program or re-program any instrument, 
17device, machine, equipment or software so that it is capable 
18of defeating or circumventing any technology, device or 
19software used by the provider, owner or licensee of a 
20communication service or of any data, audio or video programs 
21or transmissions to protect any such communication, data, 
22audio or video services, programs or transmissions from 
23unauthorized access, acquisition, disclosure, receipt, 
24decryption, communication, transmission or re-transmission.
25 "Manufacture or assembly of an unlawful communication 
26device" means to make, produce or assemble an unlawful 
 
 
HB4304- 201 -LRB103 35638 RLC 65713 b


1communication or wireless device or to modify, alter, program 
2or reprogram a communication or wireless device to be capable 
3of acquiring, disrupting, receiving, transmitting, decrypting, 
4or facilitating the acquisition, disruption, receipt, 
5transmission or decryption of, a communication service without 
6the express consent or express authorization of the 
7communication service provider, or to knowingly assist others 
8in those activities.
9 "Master sound recording" means the original physical 
10object on which a given set of sounds were first recorded and 
11which the original object from which all subsequent sound 
12recordings embodying the same set of sounds are directly or 
13indirectly derived.
14 "Merchandise" means any item of tangible personal 
15property, including motor fuel.
16 "Merchant" means an owner or operator of any retail 
17mercantile establishment or any agent, employee, lessee, 
18consignee, officer, director, franchisee, or independent 
19contractor of the owner or operator. "Merchant" also means a 
20person who receives from an authorized user of a payment card, 
21or someone the person believes to be an authorized user, a 
22payment card or information from a payment card, or what the 
23person believes to be a payment card or information from a 
24payment card, as the instrument for obtaining, purchasing or 
25receiving goods, services, money, or anything else of value 
26from the person.
 
 
HB4304- 202 -LRB103 35638 RLC 65713 b


1 "Motor fuel" means a liquid, regardless of its properties, 
2used to propel a vehicle, including gasoline and diesel.
3 "Online" means the use of any electronic or wireless 
4device to access the Internet.
5 "Payment card" means a credit card, charge card, debit 
6card, or any other card that is issued to an authorized card 
7user and that allows the user to obtain, purchase, or receive 
8goods, services, money, or anything else of value from a 
9merchant.
10 "Person with a disability" means a person who suffers from 
11a physical or mental impairment resulting from disease, 
12injury, functional disorder or congenital condition that 
13impairs the individual's mental or physical ability to 
14independently manage his or her property or financial 
15resources, or both. 
16 "Personal identification document" means a birth 
17certificate, a driver's license, a State identification card, 
18a public, government, or private employment identification 
19card, a social security card, a license issued under the 
20Firearm Concealed Carry Act firearm owner's identification 
21card, a credit card, a debit card, or a passport issued to or 
22on behalf of a person other than the offender, or any document 
23made or issued, or falsely purported to have been made or 
24issued, by or under the authority of the United States 
25Government, the State of Illinois, or any other state 
26political subdivision of any state, or any other governmental 
 
 
HB4304- 203 -LRB103 35638 RLC 65713 b


1or quasi-governmental organization that is of a type intended 
2for the purpose of identification of an individual, or any 
3such document made or altered in a manner that it falsely 
4purports to have been made on behalf of or issued to another 
5person or by the authority of one who did not give that 
6authority.
7 "Personal identifying information" means any of the 
8following information:
9  (1) A person's name.
10  (2) A person's address.
11  (3) A person's date of birth.
12  (4) A person's telephone number.
13  (5) A person's driver's license number or State of 
14 Illinois identification card as assigned by the Secretary 
15 of State of the State of Illinois or a similar agency of 
16 another state.
17  (6) A person's social security number.
18  (7) A person's public, private, or government 
19 employer, place of employment, or employment 
20 identification number.
21  (8) The maiden name of a person's mother.
22  (9) The number assigned to a person's depository 
23 account, savings account, or brokerage account.
24  (10) The number assigned to a person's credit or debit 
25 card, commonly known as a "Visa Card", "MasterCard", 
26 "American Express Card", "Discover Card", or other similar 
 
 
HB4304- 204 -LRB103 35638 RLC 65713 b


1 cards whether issued by a financial institution, 
2 corporation, or business entity.
3  (11) Personal identification numbers.
4  (12) Electronic identification numbers.
5  (13) Digital signals.
6  (14) User names, passwords, and any other word, 
7 number, character or combination of the same usable in 
8 whole or part to access information relating to a specific 
9 individual, or to the actions taken, communications made 
10 or received, or other activities or transactions of a 
11 specific individual.
12  (15) Any other numbers or information which can be 
13 used to access a person's financial resources, or to 
14 identify a specific individual, or the actions taken, 
15 communications made or received, or other activities or 
16 transactions of a specific individual.
17 "Premises of a retail mercantile establishment" includes, 
18but is not limited to, the retail mercantile establishment; 
19any common use areas in shopping centers; and all parking 
20areas set aside by a merchant or on behalf of a merchant for 
21the parking of vehicles for the convenience of the patrons of 
22such retail mercantile establishment.
23 "Public water, gas, or power supply, or other public 
24services" mean any service subject to regulation by the 
25Illinois Commerce Commission; any service furnished by a 
26public utility that is owned and operated by any political 
 
 
HB4304- 205 -LRB103 35638 RLC 65713 b


1subdivision, public institution of higher education or 
2municipal corporation of this State; any service furnished by 
3any public utility that is owned by such political 
4subdivision, public institution of higher education, or 
5municipal corporation and operated by any of its lessees or 
6operating agents; any service furnished by an electric 
7cooperative as defined in Section 3.4 of the Electric Supplier 
8Act; or wireless service or other service regulated by the 
9Federal Communications Commission.
10 "Publish" means to communicate or disseminate information 
11to any one or more persons, either orally, in person, or by 
12telephone, radio or television or in writing of any kind, 
13including, without limitation, a letter or memorandum, 
14circular or handbill, newspaper or magazine article or book.
15 "Radio frequency identification device" means any 
16implement, computer file, computer disc, electronic device, 
17computer hardware, computer software, or instrument that is 
18used to activate, read, receive, or decode information stored 
19on a RFID tag or transponder attached to a personal 
20identification document. 
21 "RFID tag or transponder" means a chip or device that 
22contains personal identifying information from which the 
23personal identifying information can be read or decoded by 
24another device emitting a radio frequency that activates or 
25powers a radio frequency emission response from the chip or 
26transponder. 
 
 
HB4304- 206 -LRB103 35638 RLC 65713 b


1 "Reencoder" means an electronic device that places encoded 
2information from the magnetic strip or stripe of a payment 
3card onto the magnetic strip or stripe of a different payment 
4card.
5 "Retail mercantile establishment" means any place where 
6merchandise is displayed, held, stored or offered for sale to 
7the public.
8 "Scanning device" means a scanner, reader, or any other 
9electronic device that is used to access, read, scan, obtain, 
10memorize, or store, temporarily or permanently, information 
11encoded on the magnetic strip or stripe of a payment card.
12 "Shopping cart" means those push carts of the type or 
13types which are commonly provided by grocery stores, drug 
14stores or other retail mercantile establishments for the use 
15of the public in transporting commodities in stores and 
16markets and, incidentally, from the stores to a place outside 
17the store.
18 "Sound or audio visual recording" means any sound or audio 
19visual phonograph record, disc, pre-recorded tape, film, wire, 
20magnetic tape or other object, device or medium, now known or 
21hereafter invented, by which sounds or images may be 
22reproduced with or without the use of any additional machine, 
23equipment or device.
24 "Stored value card" means any card, gift card, instrument, 
25or device issued with or without fee for the use of the 
26cardholder to obtain money, goods, services, or anything else 
 
 
HB4304- 207 -LRB103 35638 RLC 65713 b


1of value. Stored value cards include, but are not limited to, 
2cards issued for use as a stored value card or gift card, and 
3an account identification number or symbol used to identify a 
4stored value card. "Stored value card" does not include a 
5prepaid card usable at multiple, unaffiliated merchants or at 
6automated teller machines, or both. "Stored value card" shall 
7only apply to Section 16-25.1 of this Act. 
8 "Theft detection device remover" means any tool or device 
9specifically designed and intended to be used to remove any 
10theft detection device from any merchandise.
11 "Under-ring" means to cause the cash register or other 
12sales recording device to reflect less than the full retail 
13value of the merchandise.
14 "Unidentified sound or audio visual recording" means a 
15sound or audio visual recording without the actual name and 
16full and correct street address of the manufacturer, and the 
17name of the actual performers or groups prominently and 
18legibly printed on the outside cover or jacket and on the label 
19of such sound or audio visual recording.
20 "Unlawful access device" means any type of instrument, 
21device, machine, equipment, technology, or software which is 
22primarily possessed, used, designed, assembled, manufactured, 
23sold, distributed or offered, promoted or advertised for the 
24purpose of defeating or circumventing any technology, device 
25or software, or any component or part thereof, used by the 
26provider, owner or licensee of any communication service or of 
 
 
HB4304- 208 -LRB103 35638 RLC 65713 b


1any data, audio or video programs or transmissions to protect 
2any such communication, audio or video services, programs or 
3transmissions from unauthorized access, acquisition, receipt, 
4decryption, disclosure, communication, transmission or 
5re-transmission.
6 "Unlawful communication device" means any electronic 
7serial number, mobile identification number, personal 
8identification number or any communication or wireless device 
9that is capable of acquiring or facilitating the acquisition 
10of a communication service without the express consent or 
11express authorization of the communication service provider, 
12or that has been altered, modified, programmed or 
13reprogrammed, alone or in conjunction with another 
14communication or wireless device or other equipment, to so 
15acquire or facilitate the unauthorized acquisition of a 
16communication service. "Unlawful communication device" also 
17means:
18  (1) any phone altered to obtain service without the 
19 express consent or express authorization of the 
20 communication service provider, tumbler phone, counterfeit 
21 or clone phone, tumbler microchip, counterfeit or clone 
22 microchip, scanning receiver of wireless communication 
23 service or other instrument capable of disguising its 
24 identity or location or of gaining unauthorized access to 
25 a communications or wireless system operated by a 
26 communication service provider; and
 
 
HB4304- 209 -LRB103 35638 RLC 65713 b


1  (2) any communication or wireless device which is 
2 capable of, or has been altered, designed, modified, 
3 programmed or reprogrammed, alone or in conjunction with 
4 another communication or wireless device or devices, so as 
5 to be capable of, facilitating the disruption, 
6 acquisition, receipt, transmission or decryption of a 
7 communication service without the express consent or 
8 express authorization of the communication service 
9 provider, including, but not limited to, any device, 
10 technology, product, service, equipment, computer software 
11 or component or part thereof, primarily distributed, sold, 
12 designed, assembled, manufactured, modified, programmed, 
13 reprogrammed or used for the purpose of providing the 
14 unauthorized receipt of, transmission of, disruption of, 
15 decryption of, access to or acquisition of any 
16 communication service provided by any communication 
17 service provider.
18 "Vehicle" means a motor vehicle, motorcycle, or farm 
19implement that is self-propelled and that uses motor fuel for 
20propulsion.
21 "Wireless device" includes any type of instrument, device, 
22machine, or equipment that is capable of transmitting or 
23receiving telephonic, electronic or radio communications, or 
24any part of such instrument, device, machine, or equipment, or 
25any computer circuit, computer chip, electronic mechanism, or 
26other component that is capable of facilitating the 
 
 
HB4304- 210 -LRB103 35638 RLC 65713 b


1transmission or reception of telephonic, electronic, or radio 
2communications. 
3(Source: P.A. 102-757, eff. 5-13-22.)

4 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
5 Sec. 17-30. Defaced, altered, or removed manufacturer or 
6owner identification number.  
7 (a) Unlawful sale of household appliances. A person 
8commits unlawful sale of household appliances when he or she 
9knowingly, with the intent to defraud or deceive another, 
10keeps for sale, within any commercial context, any household 
11appliance with a missing, defaced, obliterated, or otherwise 
12altered manufacturer's identification number.
13 (b) Construction equipment identification defacement. A 
14person commits construction equipment identification 
15defacement when he or she knowingly changes, alters, removes, 
16mutilates, or obliterates a permanently affixed serial number, 
17product identification number, part number, component 
18identification number, owner-applied identification, or other 
19mark of identification attached to or stamped, inscribed, 
20molded, or etched into a machine or other equipment, whether 
21stationary or mobile or self-propelled, or a part of such 
22machine or equipment, used in the construction, maintenance, 
23or demolition of buildings, structures, bridges, tunnels, 
24sewers, utility pipes or lines, ditches or open cuts, roads, 
25highways, dams, airports, or waterways or in material handling 
 
 
HB4304- 211 -LRB103 35638 RLC 65713 b


1for such projects. 
2 The trier of fact may infer that the defendant has 
3knowingly changed, altered, removed, or obliterated the serial 
4number, product identification number, part number, component 
5identification number, owner-applied identification number, or 
6other mark of identification, if the defendant was in 
7possession of any machine or other equipment or a part of such 
8machine or equipment used in the construction, maintenance, or 
9demolition of buildings, structures, bridges, tunnels, sewers, 
10utility pipes or lines, ditches or open cuts, roads, highways, 
11dams, airports, or waterways or in material handling for such 
12projects upon which any such serial number, product 
13identification number, part number, component identification 
14number, owner-applied identification number, or other mark of 
15identification has been changed, altered, removed, or 
16obliterated. 
17 (c) Defacement of manufacturer's serial number or 
18identification mark. A person commits defacement of a 
19manufacturer's serial number or identification mark when he or 
20she knowingly removes, alters, defaces, covers, or destroys 
21the manufacturer's serial number or any other manufacturer's 
22number or distinguishing identification mark upon any machine 
23or other article of merchandise, other than a motor vehicle as 
24defined in Section 1-146 of the Illinois Vehicle Code or a 
25firearm as defined in the Firearm Owners Identification Card 
26Act, with the intent of concealing or destroying the identity 
 
 
HB4304- 212 -LRB103 35638 RLC 65713 b


1of such machine or other article of merchandise. 
2 (d) Sentence.
3  (1) A violation of subsection (a) of this Section is a 
4 Class 4 felony if the value of the appliance or appliances 
5 exceeds $1,000 and a Class B misdemeanor if the value of 
6 the appliance or appliances is $1,000 or less.
7  (2) A violation of subsection (b) of this Section is a 
8 Class A misdemeanor.
9  (3) A violation of subsection (c) of this Section is a 
10 Class B misdemeanor. 
11 (e) No liability shall be imposed upon any person for the 
12unintentional failure to comply with subsection (a).
13 (f) Definitions. In this Section:
14 "Commercial context" means a continuing business 
15enterprise conducted for profit by any person whose primary 
16business is the wholesale or retail marketing of household 
17appliances, or a significant portion of whose business or 
18inventory consists of household appliances kept or sold on a 
19wholesale or retail basis.
20 "Household appliance" means any gas or electric device or 
21machine marketed for use as home entertainment or for 
22facilitating or expediting household tasks or chores. The term 
23shall include but not necessarily be limited to refrigerators, 
24freezers, ranges, radios, television sets, vacuum cleaners, 
25toasters, dishwashers, and other similar household items.
26 "Manufacturer's identification number" means any serial 
 
 
HB4304- 213 -LRB103 35638 RLC 65713 b


1number or other similar numerical or alphabetical designation 
2imprinted upon or attached to or placed, stamped, or otherwise 
3imprinted upon or attached to a household appliance or item by 
4the manufacturer for purposes of identifying a particular 
5appliance or item individually or by lot number. 
6(Source: P.A. 96-1551, eff. 7-1-11.)

7 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
8 Sec. 24-1. Unlawful use of weapons. 
9 (a) A person commits the offense of unlawful use of 
10weapons when he knowingly:
11  (1) Sells, manufactures, purchases, possesses or 
12 carries any bludgeon, black-jack, slung-shot, sand-club, 
13 sand-bag, metal knuckles or other knuckle weapon 
14 regardless of its composition, throwing star, or any 
15 knife, commonly referred to as a switchblade knife, which 
16 has a blade that opens automatically by hand pressure 
17 applied to a button, spring or other device in the handle 
18 of the knife, or a ballistic knife, which is a device that 
19 propels a knifelike blade as a projectile by means of a 
20 coil spring, elastic material or compressed gas; or
21  (2) Carries or possesses with intent to use the same 
22 unlawfully against another, a dagger, dirk, billy, 
23 dangerous knife, razor, stiletto, broken bottle or other 
24 piece of glass, stun gun or taser or any other dangerous or 
25 deadly weapon or instrument of like character; or
 
 
HB4304- 214 -LRB103 35638 RLC 65713 b


1  (2.5) Carries or possesses with intent to use the same 
2 unlawfully against another, any firearm in a church, 
3 synagogue, mosque, or other building, structure, or place 
4 used for religious worship; or 
5  (3) Carries on or about his person or in any vehicle, a 
6 tear gas gun projector or bomb or any object containing 
7 noxious liquid gas or substance, other than an object 
8 containing a non-lethal noxious liquid gas or substance 
9 designed solely for personal defense carried by a person 
10 18 years of age or older; or
11  (4) Carries or possesses in any vehicle or concealed 
12 on or about his person except when on his land or in his 
13 own abode, legal dwelling, or fixed place of business, or 
14 on the land or in the legal dwelling of another person as 
15 an invitee with that person's permission, any pistol, 
16 revolver, stun gun or taser or other firearm, except that 
17 this subsection (a)(4) does not apply to or affect 
18 transportation of weapons that meet one of the following 
19 conditions:
20   (i) are broken down in a non-functioning state; or
21   (ii) are not immediately accessible; or
22   (iii) are unloaded and enclosed in a case, firearm 
23 carrying box, shipping box, or other container by a 
24 person eligible under State and federal law to possess 
25 a firearm who has been issued a currently valid 
26 Firearm Owner's Identification Card; or
 
 
HB4304- 215 -LRB103 35638 RLC 65713 b


1   (iv) are carried or possessed in accordance with 
2 the Firearm Concealed Carry Act by a person who has 
3 been issued a currently valid license under the 
4 Firearm Concealed Carry Act; or 
5  (5) Sets a spring gun; or
6  (6) Possesses any device or attachment of any kind 
7 designed, used or intended for use in silencing the report 
8 of any firearm; or
9  (7) Sells, manufactures, purchases, possesses or 
10 carries:
11   (i) a machine gun, which shall be defined for the 
12 purposes of this subsection as any weapon, which 
13 shoots, is designed to shoot, or can be readily 
14 restored to shoot, automatically more than one shot 
15 without manually reloading by a single function of the 
16 trigger, including the frame or receiver of any such 
17 weapon, or sells, manufactures, purchases, possesses, 
18 or carries any combination of parts designed or 
19 intended for use in converting any weapon into a 
20 machine gun, or any combination or parts from which a 
21 machine gun can be assembled if such parts are in the 
22 possession or under the control of a person;
23   (ii) any rifle having one or more barrels less 
24 than 16 inches in length or a shotgun having one or 
25 more barrels less than 18 inches in length or any 
26 weapon made from a rifle or shotgun, whether by 
 
 
HB4304- 216 -LRB103 35638 RLC 65713 b


1 alteration, modification, or otherwise, if such a 
2 weapon as modified has an overall length of less than 
3 26 inches; or
4   (iii) any bomb, bomb-shell, grenade, bottle or 
5 other container containing an explosive substance of 
6 over one-quarter ounce for like purposes, such as, but 
7 not limited to, black powder bombs and Molotov 
8 cocktails or artillery projectiles; or
9  (8) Carries or possesses any firearm, stun gun or 
10 taser or other deadly weapon in any place which is 
11 licensed to sell intoxicating beverages, or at any public 
12 gathering held pursuant to a license issued by any 
13 governmental body or any public gathering at which an 
14 admission is charged, excluding a place where a showing, 
15 demonstration or lecture involving the exhibition of 
16 unloaded firearms is conducted.
17  This subsection (a)(8) does not apply to any auction 
18 or raffle of a firearm held pursuant to a license or permit 
19 issued by a governmental body, nor does it apply to 
20 persons engaged in firearm safety training courses; or
21  (9) Carries or possesses in a vehicle or on or about 
22 his or her person any pistol, revolver, stun gun or taser 
23 or firearm or ballistic knife, when he or she is hooded, 
24 robed or masked in such manner as to conceal his or her 
25 identity; or
26  (10) Carries or possesses on or about his or her 
 
 
HB4304- 217 -LRB103 35638 RLC 65713 b


1 person, upon any public street, alley, or other public 
2 lands within the corporate limits of a city, village, or 
3 incorporated town, except when an invitee thereon or 
4 therein, for the purpose of the display of such weapon or 
5 the lawful commerce in weapons, or except when on his land 
6 or in his or her own abode, legal dwelling, or fixed place 
7 of business, or on the land or in the legal dwelling of 
8 another person as an invitee with that person's 
9 permission, any pistol, revolver, stun gun, or taser or 
10 other firearm, except that this subsection (a)(10) does 
11 not apply to or affect transportation of weapons that meet 
12 one of the following conditions:
13   (i) are broken down in a non-functioning state; or
14   (ii) are not immediately accessible; or
15   (iii) are unloaded and enclosed in a case, firearm 
16 carrying box, shipping box, or other container by a 
17 person eligible under State and federal law to possess 
18 a firearm who has been issued a currently valid 
19 Firearm Owner's Identification Card; or
20   (iv) are carried or possessed in accordance with 
21 the Firearm Concealed Carry Act by a person who has 
22 been issued a currently valid license under the 
23 Firearm Concealed Carry Act. 
24  A "stun gun or taser", as used in this paragraph (a) 
25 means (i) any device which is powered by electrical 
26 charging units, such as, batteries, and which fires one or 
 
 
HB4304- 218 -LRB103 35638 RLC 65713 b


1 several barbs attached to a length of wire and which, upon 
2 hitting a human, can send out a current capable of 
3 disrupting the person's nervous system in such a manner as 
4 to render him incapable of normal functioning or (ii) any 
5 device which is powered by electrical charging units, such 
6 as batteries, and which, upon contact with a human or 
7 clothing worn by a human, can send out current capable of 
8 disrupting the person's nervous system in such a manner as 
9 to render him incapable of normal functioning; or
10  (11) Sells, manufactures, delivers, imports, 
11 possesses, or purchases any assault weapon attachment or 
12 .50 caliber cartridge in violation of Section 24-1.9 or 
13 any explosive bullet. For purposes of this paragraph (a) 
14 "explosive bullet" means the projectile portion of an 
15 ammunition cartridge which contains or carries an 
16 explosive charge which will explode upon contact with the 
17 flesh of a human or an animal. "Cartridge" means a tubular 
18 metal case having a projectile affixed at the front 
19 thereof and a cap or primer at the rear end thereof, with 
20 the propellant contained in such tube between the 
21 projectile and the cap; or
22  (12) (Blank); or
23  (13) Carries or possesses on or about his or her 
24 person while in a building occupied by a unit of 
25 government, a billy club, other weapon of like character, 
26 or other instrument of like character intended for use as 
 
 
HB4304- 219 -LRB103 35638 RLC 65713 b


1 a weapon. For the purposes of this Section, "billy club" 
2 means a short stick or club commonly carried by police 
3 officers which is either telescopic or constructed of a 
4 solid piece of wood or other man-made material; or
5  (14) Manufactures, possesses, sells, or offers to 
6 sell, purchase, manufacture, import, transfer, or use any 
7 device, part, kit, tool, accessory, or combination of 
8 parts that is designed to and functions to increase the 
9 rate of fire of a semiautomatic firearm above the standard 
10 rate of fire for semiautomatic firearms that is not 
11 equipped with that device, part, or combination of parts; 
12 or
13  (15) Carries or possesses any assault weapon or .50 
14 caliber rifle in violation of Section 24-1.9; or
15  (16) Manufactures, sells, delivers, imports, or 
16 purchases any assault weapon or .50 caliber rifle in 
17 violation of Section 24-1.9. 
18 (b) Sentence. A person convicted of a violation of 
19subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), 
20subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) 
21commits a Class A misdemeanor. A person convicted of a 
22violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a 
23Class 4 felony; a person convicted of a violation of 
24subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 
2524-1(a)(16) commits a Class 3 felony. A person convicted of a 
26violation of subsection 24-1(a)(7)(i) commits a Class 2 felony 
 
 
HB4304- 220 -LRB103 35638 RLC 65713 b


1and shall be sentenced to a term of imprisonment of not less 
2than 3 years and not more than 7 years, unless the weapon is 
3possessed in the passenger compartment of a motor vehicle as 
4defined in Section 1-146 of the Illinois Vehicle Code, or on 
5the person, while the weapon is loaded, in which case it shall 
6be a Class X felony. A person convicted of a second or 
7subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 
824-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3 
9felony. A person convicted of a violation of subsection 
1024-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The 
11possession of each weapon or device in violation of this 
12Section constitutes a single and separate violation.
13 (c) Violations in specific places.
14  (1) A person who violates subsection 24-1(a)(6) or 
15 24-1(a)(7) in any school, regardless of the time of day or 
16 the time of year, in residential property owned, operated 
17 or managed by a public housing agency or leased by a public 
18 housing agency as part of a scattered site or mixed-income 
19 development, in a public park, in a courthouse, on the 
20 real property comprising any school, regardless of the 
21 time of day or the time of year, on residential property 
22 owned, operated or managed by a public housing agency or 
23 leased by a public housing agency as part of a scattered 
24 site or mixed-income development, on the real property 
25 comprising any public park, on the real property 
26 comprising any courthouse, in any conveyance owned, leased 
 
 
HB4304- 221 -LRB103 35638 RLC 65713 b


1 or contracted by a school to transport students to or from 
2 school or a school related activity, in any conveyance 
3 owned, leased, or contracted by a public transportation 
4 agency, or on any public way within 1,000 feet of the real 
5 property comprising any school, public park, courthouse, 
6 public transportation facility, or residential property 
7 owned, operated, or managed by a public housing agency or 
8 leased by a public housing agency as part of a scattered 
9 site or mixed-income development commits a Class 2 felony 
10 and shall be sentenced to a term of imprisonment of not 
11 less than 3 years and not more than 7 years.
12  (1.5) A person who violates subsection 24-1(a)(4), 
13 24-1(a)(9), or 24-1(a)(10) in any school, regardless of 
14 the time of day or the time of year, in residential 
15 property owned, operated, or managed by a public housing 
16 agency or leased by a public housing agency as part of a 
17 scattered site or mixed-income development, in a public 
18 park, in a courthouse, on the real property comprising any 
19 school, regardless of the time of day or the time of year, 
20 on residential property owned, operated, or managed by a 
21 public housing agency or leased by a public housing agency 
22 as part of a scattered site or mixed-income development, 
23 on the real property comprising any public park, on the 
24 real property comprising any courthouse, in any conveyance 
25 owned, leased, or contracted by a school to transport 
26 students to or from school or a school related activity, 
 
 
HB4304- 222 -LRB103 35638 RLC 65713 b


1 in any conveyance owned, leased, or contracted by a public 
2 transportation agency, or on any public way within 1,000 
3 feet of the real property comprising any school, public 
4 park, courthouse, public transportation facility, or 
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 
8 commits a Class 3 felony.
9  (2) A person who violates subsection 24-1(a)(1), 
10 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the 
11 time of day or the time of year, in residential property 
12 owned, operated or managed by a public housing agency or 
13 leased by a public housing agency as part of a scattered 
14 site or mixed-income development, in a public park, in a 
15 courthouse, on the real property comprising any school, 
16 regardless of the time of day or the time of year, on 
17 residential property owned, operated or managed by a 
18 public housing agency or leased by a public housing agency 
19 as part of a scattered site or mixed-income development, 
20 on the real property comprising any public park, on the 
21 real property comprising any courthouse, in any conveyance 
22 owned, leased or contracted by a school to transport 
23 students to or from school or a school related activity, 
24 in any conveyance owned, leased, or contracted by a public 
25 transportation agency, or on any public way within 1,000 
26 feet of the real property comprising any school, public 
 
 
HB4304- 223 -LRB103 35638 RLC 65713 b


1 park, courthouse, public transportation facility, or 
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 
5 commits a Class 4 felony. "Courthouse" means any building 
6 that is used by the Circuit, Appellate, or Supreme Court 
7 of this State for the conduct of official business.
8  (3) Paragraphs (1), (1.5), and (2) of this subsection 
9 (c) shall not apply to law enforcement officers or 
10 security officers of such school, college, or university 
11 or to students carrying or possessing firearms for use in 
12 training courses, parades, hunting, target shooting on 
13 school ranges, or otherwise with the consent of school 
14 authorities and which firearms are transported unloaded 
15 enclosed in a suitable case, box, or transportation 
16 package.
17  (4) For the purposes of this subsection (c), "school" 
18 means any public or private elementary or secondary 
19 school, community college, college, or university.
20  (5) For the purposes of this subsection (c), "public 
21 transportation agency" means a public or private agency 
22 that provides for the transportation or conveyance of 
23 persons by means available to the general public, except 
24 for transportation by automobiles not used for conveyance 
25 of the general public as passengers; and "public 
26 transportation facility" means a terminal or other place 
 
 
HB4304- 224 -LRB103 35638 RLC 65713 b


1 where one may obtain public transportation. 
2 (d) The presence in an automobile other than a public 
3omnibus of any weapon, instrument or substance referred to in 
4subsection (a)(7) is prima facie evidence that it is in the 
5possession of, and is being carried by, all persons occupying 
6such automobile at the time such weapon, instrument or 
7substance is found, except under the following circumstances: 
8(i) if such weapon, instrument or instrumentality is found 
9upon the person of one of the occupants therein; or (ii) if 
10such weapon, instrument or substance is found in an automobile 
11operated for hire by a duly licensed driver in the due, lawful 
12and proper pursuit of his or her trade, then such presumption 
13shall not apply to the driver.
14 (e) Exemptions.
15  (1) Crossbows, Common or Compound bows and Underwater 
16 Spearguns are exempted from the definition of ballistic 
17 knife as defined in paragraph (1) of subsection (a) of 
18 this Section.
19  (2) The provision of paragraph (1) of subsection (a) 
20 of this Section prohibiting the sale, manufacture, 
21 purchase, possession, or carrying of any knife, commonly 
22 referred to as a switchblade knife, which has a blade that 
23 opens automatically by hand pressure applied to a button, 
24 spring or other device in the handle of the knife, does not 
25 apply to a person eligible under State and federal law to 
26 possess a firearm who possesses a currently valid Firearm 
 
 
HB4304- 225 -LRB103 35638 RLC 65713 b


1 Owner's Identification Card previously issued in his or 
2 her name by the Illinois State Police or to a person or an 
3 entity engaged in the business of selling or manufacturing 
4 switchblade knives. 
5(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 
6102-1116, eff. 1-10-23.)

7 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
8 Sec. 24-1.1. Unlawful use or possession of weapons by 
9felons or persons in the custody of the Department of 
10Corrections facilities.
11 (a) It is unlawful for a person to knowingly possess on or 
12about his person or on his land or in his own abode or fixed 
13place of business any weapon prohibited under Section 24-1 of 
14this Act or any firearm or any firearm ammunition if the person 
15has been convicted of a felony under the laws of this State or 
16any other jurisdiction. This Section shall not apply if the 
17person has been granted relief under this subsection by the 
18Director of the Illinois State Police under Section 10 of the 
19Firearm Owners Identification Card Act. A person prohibited 
20from possessing a firearm under this subsection (a) may 
21petition the Director of the Illinois State Police for a 
22hearing and relief from the prohibition, unless the 
23prohibition was based upon a forcible felony, stalking, 
24aggravated stalking, domestic battery, any violation of the 
25Illinois Controlled Substances Act, the Methamphetamine 
 
 
HB4304- 226 -LRB103 35638 RLC 65713 b


1Control and Community Protection Act, or the Cannabis Control 
2Act that is classified as a Class 2 or greater felony, any 
3felony violation of Article 24 of the Criminal Code of 1961 or 
4the Criminal Code of 2012, or any adjudication as a delinquent 
5minor for the commission of an offense that if committed by an 
6adult would be a felony, in which case the person may petition 
7the circuit court in writing in the county of his or her 
8residence for a hearing and relief from the prohibition. The 
9Director or court may grant the relief if it is established by 
10the petitioner to the court's or Director's satisfaction that:
11  (1) when in the circuit court, the State's Attorney 
12 has been served with a written copy of the petition at 
13 least 30 days before any hearing in the circuit court and 
14 at the hearing the State's Attorney was afforded an 
15 opportunity to present evidence and object to the 
16 petition;
17  (2) the petitioner has not been convicted of a 
18 forcible felony under the laws of this State or any other 
19 jurisdiction within 20 years of the filing of the 
20 petition, or at least 20 years have passed since the end of 
21 any period of imprisonment imposed in relation to that 
22 conviction;
23  (3) the circumstances regarding a criminal conviction, 
24 where applicable, the petitioner's criminal history and 
25 his or her reputation are such that the petitioner will 
26 not be likely to act in a manner dangerous to public 
 
 
HB4304- 227 -LRB103 35638 RLC 65713 b


1 safety;
2  (4) granting relief would not be contrary to the 
3 public interest; and
4  (5) granting relief would not be contrary to federal 
5 law. 
6 (b) It is unlawful for any person confined in a penal 
7institution, which is a facility of the Illinois Department of 
8Corrections, to possess any weapon prohibited under Section 
924-1 of this Code or any firearm or firearm ammunition, 
10regardless of the intent with which he possesses it.
11 (c) It shall be an affirmative defense to a violation of 
12subsection (b), that such possession was specifically 
13authorized by rule, regulation, or directive of the Illinois 
14Department of Corrections or order issued pursuant thereto.
15 (d) The defense of necessity is not available to a person 
16who is charged with a violation of subsection (b) of this 
17Section.
18 (e) Sentence. Violation of this Section by a person not 
19confined in a penal institution shall be a Class 3 felony for 
20which the person shall be sentenced to no less than 2 years and 
21no more than 10 years. A second or subsequent violation of this 
22Section shall be a Class 2 felony for which the person shall be 
23sentenced to a term of imprisonment of not less than 3 years 
24and not more than 14 years, except as provided for in Section 
255-4.5-110 of the Unified Code of Corrections. Violation of 
26this Section by a person not confined in a penal institution 
 
 
HB4304- 228 -LRB103 35638 RLC 65713 b


1who has been convicted of a forcible felony, a felony 
2violation of Article 24 of this Code or of the Firearm Owners 
3Identification Card Act, stalking or aggravated stalking, or a 
4Class 2 or greater felony under the Illinois Controlled 
5Substances Act, the Cannabis Control Act, or the 
6Methamphetamine Control and Community Protection Act is a 
7Class 2 felony for which the person shall be sentenced to not 
8less than 3 years and not more than 14 years, except as 
9provided for in Section 5-4.5-110 of the Unified Code of 
10Corrections. Violation of this Section by a person who is on 
11parole or mandatory supervised release is a Class 2 felony for 
12which the person shall be sentenced to not less than 3 years 
13and not more than 14 years, except as provided for in Section 
145-4.5-110 of the Unified Code of Corrections. Violation of 
15this Section by a person not confined in a penal institution is 
16a Class X felony when the firearm possessed is a machine gun. 
17Any person who violates this Section while confined in a penal 
18institution, which is a facility of the Illinois Department of 
19Corrections, is guilty of a Class 1 felony, if he possesses any 
20weapon prohibited under Section 24-1 of this Code regardless 
21of the intent with which he possesses it, a Class X felony if 
22he possesses any firearm, firearm ammunition or explosive, and 
23a Class X felony for which the offender shall be sentenced to 
24not less than 12 years and not more than 50 years when the 
25firearm possessed is a machine gun. A violation of this 
26Section while wearing or in possession of body armor as 
 
 
HB4304- 229 -LRB103 35638 RLC 65713 b


1defined in Section 33F-1 is a Class X felony punishable by a 
2term of imprisonment of not less than 10 years and not more 
3than 40 years. The possession of each firearm or firearm 
4ammunition in violation of this Section constitutes a single 
5and separate violation.
6(Source: P.A. 102-538, eff. 8-20-21.)

7 (720 ILCS 5/24-1.6)
8 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
9 (a) A person commits the offense of aggravated unlawful 
10use of a weapon when he or she knowingly:
11  (1) Carries on or about his or her person or in any 
12 vehicle or concealed on or about his or her person except 
13 when on his or her land or in his or her abode, legal 
14 dwelling, or fixed place of business, or on the land or in 
15 the legal dwelling of another person as an invitee with 
16 that person's permission, any pistol, revolver, stun gun 
17 or taser or other firearm; or
18  (2) Carries or possesses on or about his or her 
19 person, upon any public street, alley, or other public 
20 lands within the corporate limits of a city, village or 
21 incorporated town, except when an invitee thereon or 
22 therein, for the purpose of the display of such weapon or 
23 the lawful commerce in weapons, or except when on his or 
24 her own land or in his or her own abode, legal dwelling, or 
25 fixed place of business, or on the land or in the legal 
 
 
HB4304- 230 -LRB103 35638 RLC 65713 b


1 dwelling of another person as an invitee with that 
2 person's permission, any pistol, revolver, stun gun or 
3 taser or other firearm; and
4  (3) One of the following factors is present:
5   (A) the firearm, other than a pistol, revolver, or 
6 handgun, possessed was uncased, loaded, and 
7 immediately accessible at the time of the offense; or
8   (A-5) the pistol, revolver, or handgun possessed 
9 was uncased, loaded, and immediately accessible at the 
10 time of the offense and the person possessing the 
11 pistol, revolver, or handgun has not been issued a 
12 currently valid license under the Firearm Concealed 
13 Carry Act; or 
14   (B) the firearm, other than a pistol, revolver, or 
15 handgun, possessed was uncased, unloaded, and the 
16 ammunition for the weapon was immediately accessible 
17 at the time of the offense; or
18   (B-5) the pistol, revolver, or handgun possessed 
19 was uncased, unloaded, and the ammunition for the 
20 weapon was immediately accessible at the time of the 
21 offense and the person possessing the pistol, 
22 revolver, or handgun has not been issued a currently 
23 valid license under the Firearm Concealed Carry Act; 
24 or 
25   (C) (blank); or the person possessing the firearm 
26 has not been issued a currently valid Firearm Owner's 
 
 
HB4304- 231 -LRB103 35638 RLC 65713 b


1 Identification Card; or
2   (D) the person possessing the weapon was 
3 previously adjudicated a delinquent minor under the 
4 Juvenile Court Act of 1987 for an act that if committed 
5 by an adult would be a felony; or
6   (E) the person possessing the weapon was engaged 
7 in a misdemeanor violation of the Cannabis Control 
8 Act, in a misdemeanor violation of the Illinois 
9 Controlled Substances Act, or in a misdemeanor 
10 violation of the Methamphetamine Control and Community 
11 Protection Act; or
12   (F) (blank); or
13   (G) the person possessing the weapon had an order 
14 of protection issued against him or her within the 
15 previous 2 years; or
16   (H) the person possessing the weapon was engaged 
17 in the commission or attempted commission of a 
18 misdemeanor involving the use or threat of violence 
19 against the person or property of another; or
20   (I) the person possessing the weapon was under 21 
21 years of age and in possession of a handgun, unless the 
22 person under 21 is engaged in lawful activities under 
23 the Wildlife Code or described in subsection 
24 24-2(b)(1), (b)(3), or 24-2(f).
25 (a-5) "Handgun" as used in this Section has the meaning 
26given to it in Section 5 of the Firearm Concealed Carry Act. 
 
 
HB4304- 232 -LRB103 35638 RLC 65713 b


1 (b) "Stun gun or taser" as used in this Section has the 
2same definition given to it in Section 24-1 of this Code.
3 (c) This Section does not apply to or affect the 
4transportation or possession of weapons that:
5  (i) are broken down in a non-functioning state; or
6  (ii) are not immediately accessible; or
7  (iii) are unloaded and enclosed in a case, firearm 
8 carrying box, shipping box, or other container by a person 
9 is eligible under State and federal law to possess a 
10 firearm who has been issued a currently valid Firearm 
11 Owner's Identification Card.
12 (d) Sentence.
13  (1) Aggravated unlawful use of a weapon is a Class 4 
14 felony; a second or subsequent offense is a Class 2 felony 
15 for which the person shall be sentenced to a term of 
16 imprisonment of not less than 3 years and not more than 7 
17 years, except as provided for in Section 5-4.5-110 of the 
18 Unified Code of Corrections. 
19  (2) (Blank). Except as otherwise provided in 
20 paragraphs (3) and (4) of this subsection (d), a first 
21 offense of aggravated unlawful use of a weapon committed 
22 with a firearm by a person 18 years of age or older where 
23 the factors listed in both items (A) and (C) or both items 
24 (A-5) and (C) of paragraph (3) of subsection (a) are 
25 present is a Class 4 felony, for which the person shall be 
26 sentenced to a term of imprisonment of not less than one 
 
 
HB4304- 233 -LRB103 35638 RLC 65713 b


1 year and not more than 3 years.
2  (3) Aggravated unlawful use of a weapon by a person 
3 who has been previously convicted of a felony in this 
4 State or another jurisdiction is a Class 2 felony for 
5 which the person shall be sentenced to a term of 
6 imprisonment of not less than 3 years and not more than 7 
7 years, except as provided for in Section 5-4.5-110 of the 
8 Unified Code of Corrections. 
9  (4) Aggravated unlawful use of a weapon while wearing 
10 or in possession of body armor as defined in Section 33F-1 
11 by a person who is prohibited under State or federal law 
12 from possessing a firearm has not been issued a valid 
13 Firearms Owner's Identification Card in accordance with 
14 Section 5 of the Firearm Owners Identification Card Act is 
15 a Class X felony. 
16 (e) The possession of each firearm in violation of this 
17Section constitutes a single and separate violation.
18(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

19 (720 ILCS 5/24-1.8)
20 Sec. 24-1.8. Unlawful possession of a firearm by a street 
21gang member.
22 (a) A person commits unlawful possession of a firearm by a 
23street gang member when he or she knowingly:
24  (1) possesses, carries, or conceals on or about his or 
25 her person a firearm and firearm ammunition while on any 
 
 
HB4304- 234 -LRB103 35638 RLC 65713 b


1 street, road, alley, gangway, sidewalk, or any other 
2 lands, except when inside his or her own abode or inside 
3 his or her fixed place of business, and has not been issued 
4 a currently valid Firearm Owner's Identification Card and 
5 is a member of a street gang; or
6  (2) possesses or carries in any vehicle a firearm and 
7 firearm ammunition which are both immediately accessible 
8 at the time of the offense while on any street, road, 
9 alley, or any other lands, except when inside his or her 
10 own abode or garage, and has not been issued a currently 
11 valid Firearm Owner's Identification Card and is a member 
12 of a street gang.
13 (b) Unlawful possession of a firearm by a street gang 
14member is a Class 2 felony for which the person, if sentenced 
15to a term of imprisonment, shall be sentenced to no less than 3 
16years and no more than 10 years. A period of probation, a term 
17of periodic imprisonment or conditional discharge shall not be 
18imposed for the offense of unlawful possession of a firearm by 
19a street gang member when the firearm was loaded or contained 
20firearm ammunition and the court shall sentence the offender 
21to not less than the minimum term of imprisonment authorized 
22for the Class 2 felony.
23 (c) For purposes of this Section:
24  "Street gang" or "gang" has the meaning ascribed to it 
25 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
26 Prevention Act.
 
 
HB4304- 235 -LRB103 35638 RLC 65713 b


1  "Street gang member" or "gang member" has the meaning 
2 ascribed to it in Section 10 of the Illinois Streetgang 
3 Terrorism Omnibus Prevention Act.
4(Source: P.A. 96-829, eff. 12-3-09.)

5 (720 ILCS 5/24-1.9)
6 Sec. 24-1.9. Manufacture, possession, delivery, sale, and 
7purchase of assault weapons, .50 caliber rifles, and .50 
8caliber cartridges.
9 (a) Definitions. In this Section:
10 (1) "Assault weapon" means any of the following, except as 
11provided in subdivision (2) of this subsection: 
12  (A) A semiautomatic rifle that has the capacity to 
13 accept a detachable magazine or that may be readily 
14 modified to accept a detachable magazine, if the firearm 
15 has one or more of the following:
16   (i) a pistol grip or thumbhole stock;
17   (ii) any feature capable of functioning as a 
18 protruding grip that can be held by the non-trigger 
19 hand;
20   (iii) a folding, telescoping, thumbhole, or 
21 detachable stock, or a stock that is otherwise 
22 foldable or adjustable in a manner that operates to 
23 reduce the length, size, or any other dimension, or 
24 otherwise enhances the concealability of, the weapon; 
25   (iv) a flash suppressor;
 
 
HB4304- 236 -LRB103 35638 RLC 65713 b


1   (v) a grenade launcher;
2   (vi) a shroud attached to the barrel or that 
3 partially or completely encircles the barrel, allowing 
4 the bearer to hold the firearm with the non-trigger 
5 hand without being burned, but excluding a slide that 
6 encloses the barrel. 
7  (B) A semiautomatic rifle that has a fixed magazine 
8 with the capacity to accept more than 10 rounds, except 
9 for an attached tubular device designed to accept, and 
10 capable of operating only with, .22 caliber rimfire 
11 ammunition.
12  (C) A semiautomatic pistol that has the capacity to 
13 accept a detachable magazine or that may be readily 
14 modified to accept a detachable magazine, if the firearm 
15 has one or more of the following:
16   (i) a threaded barrel;
17   (ii) a second pistol grip or another feature 
18 capable of functioning as a protruding grip that can 
19 be held by the non-trigger hand;
20   (iii) a shroud attached to the barrel or that 
21 partially or completely encircles the barrel, allowing 
22 the bearer to hold the firearm with the non-trigger 
23 hand without being burned, but excluding a slide that 
24 encloses the barrel;
25   (iv) a flash suppressor; 
26   (v) the capacity to accept a detachable magazine 
 
 
HB4304- 237 -LRB103 35638 RLC 65713 b


1 at some location outside of the pistol grip; or
2   (vi) a buffer tube, arm brace, or other part that 
3 protrudes horizontally behind the pistol grip and is 
4 designed or redesigned to allow or facilitate a 
5 firearm to be fired from the shoulder. 
6  (D) A semiautomatic pistol that has a fixed magazine 
7 with the capacity to accept more than 15 rounds.
8  (E) Any shotgun with a revolving cylinder. 
9  (F) A semiautomatic shotgun that has one or more of 
10 the following:
11   (i) a pistol grip or thumbhole stock;
12   (ii) any feature capable of functioning as a 
13 protruding grip that can be held by the non-trigger 
14 hand;
15   (iii) a folding or thumbhole stock; 
16   (iv) a grenade launcher;
17   (v) a fixed magazine with the capacity of more 
18 than 5 rounds; or 
19   (vi) the capacity to accept a detachable magazine. 
20  (G) Any semiautomatic firearm that has the capacity to 
21 accept a belt ammunition feeding device.
22  (H) Any firearm that has been modified to be operable 
23 as an assault weapon as defined in this Section. 
24  (I) Any part or combination of parts designed or 
25 intended to convert a firearm into an assault weapon, 
26 including any combination of parts from which an assault 
 
 
HB4304- 238 -LRB103 35638 RLC 65713 b


1 weapon may be readily assembled if those parts are in the 
2 possession or under the control of the same person. 
3  (J) All of the following rifles, copies, duplicates, 
4 variants, or altered facsimiles with the capability of any 
5 such weapon: 
6   (i) All AK types, including the following:
7    (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM, 
8 MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms 
9 AK-47, VEPR, WASR-10, and WUM. 
10    (II) IZHMASH Saiga AK. 
11    (III) MAADI AK47 and ARM. 
12    (IV) Norinco 56S, 56S2, 84S, and 86S. 
13    (V) Poly Technologies AK47 and AKS. 
14    (VI) SKS with a detachable magazine. 
15   (ii) all AR types, including the following:
16    (I) AR-10. 
17    (II) AR-15. 
18    (III) Alexander Arms Overmatch Plus 16. 
19    (IV) Armalite M15 22LR Carbine. 
20    (V) Armalite M15-T. 
21    (VI) Barrett REC7. 
22    (VII) Beretta AR-70. 
23    (VIII) Black Rain Ordnance Recon Scout. 
24    (IX) Bushmaster ACR. 
25    (X) Bushmaster Carbon 15. 
26    (XI) Bushmaster MOE series. 
 
 
HB4304- 239 -LRB103 35638 RLC 65713 b


1    (XII) Bushmaster XM15. 
2    (XIII) Chiappa Firearms MFour rifles. 
3    (XIV) Colt Match Target rifles. 
4    (XV) CORE Rifle Systems CORE15 rifles. 
5    (XVI) Daniel Defense M4A1 rifles. 
6    (XVII) Devil Dog Arms 15 Series rifles. 
7    (XVIII) Diamondback DB15 rifles. 
8    (XIX) DoubleStar AR rifles. 
9    (XX) DPMS Tactical rifles. 
10    (XXI) DSA Inc. ZM-4 Carbine. 
11    (XXII) Heckler & Koch MR556. 
12    (XXIII) High Standard HSA-15 rifles. 
13    (XXIV) Jesse James Nomad AR-15 rifle. 
14    (XXV) Knight's Armament SR-15. 
15    (XXVI) Lancer L15 rifles. 
16    (XXVII) MGI Hydra Series rifles. 
17    (XXVIII) Mossberg MMR Tactical rifles. 
18    (XXIX) Noreen Firearms BN 36 rifle. 
19    (XXX) Olympic Arms. 
20    (XXXI) POF USA P415. 
21    (XXXII) Precision Firearms AR rifles. 
22    (XXXIII) Remington R-15 rifles. 
23    (XXXIV) Rhino Arms AR rifles. 
24    (XXXV) Rock River Arms LAR-15 or Rock River 
25 Arms LAR-47. 
26    (XXXVI) Sig Sauer SIG516 rifles and MCX 
 
 
HB4304- 240 -LRB103 35638 RLC 65713 b


1 rifles. 
2    (XXXVII) Smith & Wesson M&P15 rifles. 
3    (XXXVIII) Stag Arms AR rifles. 
4    (XXXIX) Sturm, Ruger & Co. SR556 and AR-556 
5 rifles. 
6    (XL) Uselton Arms Air-Lite M-4 rifles. 
7    (XLI) Windham Weaponry AR rifles. 
8    (XLII) WMD Guns Big Beast. 
9    (XLIII) Yankee Hill Machine Company, Inc. 
10 YHM-15 rifles. 
11   (iii) Barrett M107A1.
12   (iv) Barrett M82A1.
13   (v) Beretta CX4 Storm.
14   (vi) Calico Liberty Series.
15   (vii) CETME Sporter. 
16   (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and 
17 AR 110C. 
18   (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 
19 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. 
20   (x) Feather Industries AT-9. 
21   (xi) Galil Model AR and Model ARM. 
22   (xii) Hi-Point Carbine. 
23   (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC. 
24   (xiv) IWI TAVOR, Galil ACE rifle. 
25   (xv) Kel-Tec Sub-2000, SU-16, and RFB. 
26   (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig 
 
 
HB4304- 241 -LRB103 35638 RLC 65713 b


1 Sauer SG 551, and SIG MCX.
2   (xvii) Springfield Armory SAR-48. 
3   (xviii) Steyr AUG. 
4   (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle 
5 M-14/20CF. 
6   (xx) All Thompson rifles, including the following: 
7    (I) Thompson M1SB. 
8    (II) Thompson T1100D. 
9    (III) Thompson T150D. 
10    (IV) Thompson T1B. 
11    (V) Thompson T1B100D. 
12    (VI) Thompson T1B50D. 
13    (VII) Thompson T1BSB. 
14    (VIII) Thompson T1-C. 
15    (IX) Thompson T1D. 
16    (X) Thompson T1SB. 
17    (XI) Thompson T5. 
18    (XII) Thompson T5100D. 
19    (XIII) Thompson TM1. 
20    (XIV) Thompson TM1C. 
21   (xxi) UMAREX UZI rifle. 
22   (xxii) UZI Mini Carbine, UZI Model A Carbine, and 
23 UZI Model B Carbine. 
24   (xxiii) Valmet M62S, M71S, and M78. 
25   (xxiv) Vector Arms UZI Type. 
26   (xxv) Weaver Arms Nighthawk. 
 
 
HB4304- 242 -LRB103 35638 RLC 65713 b


1   (xxvi) Wilkinson Arms Linda Carbine. 
2  (K) All of the following pistols, copies, duplicates, 
3 variants, or altered facsimiles with the capability of any 
4 such weapon thereof: 
5   (i) All AK types, including the following: 
6    (I) Centurion 39 AK pistol. 
7    (II) CZ Scorpion pistol. 
8    (III) Draco AK-47 pistol. 
9    (IV) HCR AK-47 pistol. 
10    (V) IO Inc. Hellpup AK-47 pistol. 
11    (VI) Krinkov pistol. 
12    (VII) Mini Draco AK-47 pistol. 
13    (VIII) PAP M92 pistol. 
14    (IX) Yugo Krebs Krink pistol. 
15   (ii) All AR types, including the following: 
16    (I) American Spirit AR-15 pistol. 
17    (II) Bushmaster Carbon 15 pistol. 
18    (III) Chiappa Firearms M4 Pistol GEN II. 
19    (IV) CORE Rifle Systems CORE15 Roscoe pistol. 
20    (V) Daniel Defense MK18 pistol. 
21    (VI) DoubleStar Corporation AR pistol. 
22    (VII) DPMS AR-15 pistol. 
23    (VIII) Jesse James Nomad AR-15 pistol. 
24    (IX) Olympic Arms AR-15 pistol. 
25    (X) Osprey Armament MK-18 pistol. 
26    (XI) POF USA AR pistols. 
 
 
HB4304- 243 -LRB103 35638 RLC 65713 b


1    (XII) Rock River Arms LAR 15 pistol. 
2    (XIII) Uselton Arms Air-Lite M-4 pistol. 
3   (iii) Calico pistols. 
4   (iv) DSA SA58 PKP FAL pistol. 
5   (v) Encom MP-9 and MP-45. 
6   (vi) Heckler & Koch model SP-89 pistol. 
7   (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and 
8 TEC-DC9. 
9   (viii) IWI Galil Ace pistol, UZI PRO pistol. 
10   (ix) Kel-Tec PLR 16 pistol. 
11   (x) All MAC types, including the following: 
12    (I) MAC-10. 
13    (II) MAC-11. 
14    (III) Masterpiece Arms MPA A930 Mini Pistol, 
15 MPA460 Pistol, MPA Tactical Pistol, and MPA Mini 
16 Tactical Pistol. 
17    (IV) Military Armament Corp. Ingram M-11. 
18    (V) Velocity Arms VMAC. 
19   (xi) Sig Sauer P556 pistol. 
20   (xii) Sites Spectre. 
21   (xiii) All Thompson types, including the 
22 following: 
23    (I) Thompson TA510D. 
24    (II) Thompson TA5. 
25   (xiv) All UZI types, including Micro-UZI. 
26  (L) All of the following shotguns, copies, duplicates, 
 
 
HB4304- 244 -LRB103 35638 RLC 65713 b


1 variants, or altered facsimiles with the capability of any 
2 such weapon thereof: 
3   (i) DERYA Anakon MC-1980, Anakon SD12. 
4   (ii) Doruk Lethal shotguns. 
5   (iii) Franchi LAW-12 and SPAS 12. 
6   (iv) All IZHMASH Saiga 12 types, including the 
7 following: 
8    (I) IZHMASH Saiga 12. 
9    (II) IZHMASH Saiga 12S. 
10    (III) IZHMASH Saiga 12S EXP-01. 
11    (IV) IZHMASH Saiga 12K. 
12    (V) IZHMASH Saiga 12K-030. 
13    (VI) IZHMASH Saiga 12K-040 Taktika. 
14   (v) Streetsweeper. 
15   (vi) Striker 12. 
16 (2) "Assault weapon" does not include: 
17  (A) Any firearm that is an unserviceable firearm or 
18 has been made permanently inoperable.
19  (B) An antique firearm or a replica of an antique 
20 firearm.
21  (C) A firearm that is manually operated by bolt, pump, 
22 lever or slide action, unless the firearm is a shotgun 
23 with a revolving cylinder.
24  (D) Any air rifle as defined in Section 24.8-0.1 of 
25 this Code.
26  (E) Any handgun, as defined under the Firearm 
 
 
HB4304- 245 -LRB103 35638 RLC 65713 b


1 Concealed Carry Act, unless otherwise listed in this 
2 Section. 
3 (3) "Assault weapon attachment" means any device capable 
4of being attached to a firearm that is specifically designed 
5for making or converting a firearm into any of the firearms 
6listed in paragraph (1) of this subsection (a).
7 (4) "Antique firearm" has the meaning ascribed to it in 18 
8U.S.C. 921(a)(16).
9 (5) ".50 caliber rifle" means a centerfire rifle capable 
10of firing a .50 caliber cartridge. The term does not include 
11any antique firearm, any shotgun including a shotgun that has 
12a rifle barrel, or any muzzle-loader which uses black powder 
13for hunting or historical reenactments.
14 (6) ".50 caliber cartridge" means a cartridge in .50 BMG 
15caliber, either by designation or actual measurement, that is 
16capable of being fired from a centerfire rifle. The term ".50 
17caliber cartridge" does not include any memorabilia or display 
18item that is filled with a permanent inert substance or that is 
19otherwise permanently altered in a manner that prevents ready 
20modification for use as live ammunition or shotgun ammunition 
21with a caliber measurement that is equal to or greater than .50 
22caliber.
23 (7) "Detachable magazine" means an ammunition feeding 
24device that may be removed from a firearm without disassembly 
25of the firearm action, including an ammunition feeding device 
26that may be readily removed from a firearm with the use of a 
 
 
HB4304- 246 -LRB103 35638 RLC 65713 b


1bullet, cartridge, accessory, or other tool, or any other 
2object that functions as a tool, including a bullet or 
3cartridge.
4 (8) "Fixed magazine" means an ammunition feeding device 
5that is permanently attached to a firearm, or contained in and 
6not removable from a firearm, or that is otherwise not a 
7detachable magazine, but does not include an attached tubular 
8device designed to accept, and capable of operating only with, 
9.22 caliber rimfire ammunition. 
10 (b) Except as provided in subsections (c), (d), and (e), 
11on or after January 10, 2023 (the effective date of Public Act 
12102-1116) this amendatory Act of the 102nd General Assembly, 
13it is unlawful for any person within this State to knowingly 
14manufacture, deliver, sell, import, or purchase or cause to be 
15manufactured, delivered, sold, imported, or purchased by 
16another, an assault weapon, assault weapon attachment, .50 
17caliber rifle, or .50 caliber cartridge.
18 (c) Except as otherwise provided in subsection (d), 
19beginning January 1, 2024, it is unlawful for any person 
20within this State to knowingly possess an assault weapon, 
21assault weapon attachment, .50 caliber rifle, or .50 caliber 
22cartridge. 
23 (d) This Section does not apply to a person's possession 
24of an assault weapon, assault weapon attachment, .50 caliber 
25rifle, or .50 caliber cartridge device if the person lawfully 
26possessed that assault weapon, assault weapon attachment, .50 
 
 
HB4304- 247 -LRB103 35638 RLC 65713 b


1caliber rifle, or .50 caliber cartridge prohibited by 
2subsection (c) of this Section, if the person has provided in 
3an endorsement affidavit, prior to January 1, 2024, under oath 
4or affirmation and in the form and manner prescribed by the 
5Illinois State Police, no later than October 1, 2023:
6  (1) the affiant's Firearm Owner's Identification Card 
7 number;
8  (2) an affirmation that the affiant: (i) possessed an 
9 assault weapon, assault weapon attachment, .50 caliber 
10 rifle, or .50 caliber cartridge before January 10, 2023 
11 (the effective date of Public Act 102-1116) this 
12 amendatory Act of the 102nd General Assembly; or (ii) 
13 inherited the assault weapon, assault weapon attachment, 
14 .50 caliber rifle, or .50 caliber cartridge from a person 
15 with an endorsement under this Section or from a person 
16 authorized under subdivisions (1) through (5) of 
17 subsection (e) to possess the assault weapon, assault 
18 weapon attachment, .50 caliber rifle, or .50 caliber 
19 cartridge; and
20  (3) the make, model, caliber, and serial number of the 
21 .50 caliber rifle or assault weapon or assault weapons 
22 listed in paragraphs (J), (K), and (L) of subdivision (1) 
23 of subsection (a) of this Section possessed by the affiant 
24 prior to January 10, 2023 (the effective date of Public 
25 Act 102-1116) this amendatory Act of the 102nd General 
26 Assembly and any assault weapons identified and published 
 
 
HB4304- 248 -LRB103 35638 RLC 65713 b


1 by the Illinois State Police pursuant to this subdivision 
2 (3). No later than October 1, 2023, and every October 1 
3 thereafter, the Illinois State Police shall, via 
4 rulemaking, identify, publish, and make available on its 
5 website, the list of assault weapons subject to an 
6 endorsement affidavit under this subsection (d). The list 
7 shall identify, but is not limited to, the copies, 
8 duplicates, variants, and altered facsimiles of the 
9 assault weapons identified in paragraphs (J), (K), and (L) 
10 of subdivision (1) of subsection (a) of this Section and 
11 shall be consistent with the definition of "assault 
12 weapon" identified in this Section. The Illinois State 
13 Police may adopt emergency rulemaking in accordance with 
14 Section 5-45 of the Illinois Administrative Procedure Act. 
15 The adoption of emergency rules authorized by Section 5-45 
16 of the Illinois Administrative Procedure Act and this 
17 paragraph is deemed to be necessary for the public 
18 interest, safety, and welfare.
19 The affidavit form shall include the following statement 
20printed in bold type: "Warning: Entering false information on 
21this form is punishable as perjury under Section 32-2 of the 
22Criminal Code of 2012. Entering false information on this form 
23is a violation of the Firearm Owners Identification Card Act."
24 In any administrative, civil, or criminal proceeding in 
25this State, a completed endorsement affidavit submitted to the 
26Illinois State Police by a person under this Section creates a 
 
 
HB4304- 249 -LRB103 35638 RLC 65713 b


1rebuttable presumption that the person is entitled to possess 
2and transport the assault weapon, assault weapon attachment, 
3.50 caliber rifle, or .50 caliber cartridge. 
4 Beginning 90 days after January 10, 2023 (the effective 
5date of Public Act 102-1116) this amendatory Act of the 102nd 
6General Assembly, a person authorized under this Section to 
7possess an assault weapon, assault weapon attachment, .50 
8caliber rifle, or .50 caliber cartridge shall possess such 
9items only: 
10  (1) on private property owned or immediately 
11 controlled by the person;
12  (2) on private property that is not open to the public 
13 with the express permission of the person who owns or 
14 immediately controls such property;
15  (3) while on the premises of a licensed firearms 
16 dealer or gunsmith for the purpose of lawful repair;
17  (4) while engaged in the legal use of the assault 
18 weapon, assault weapon attachment, .50 caliber rifle, or 
19 .50 caliber cartridge at a properly licensed firing range 
20 or sport shooting competition venue; or
21  (5) while traveling to or from these locations, 
22 provided that the assault weapon, assault weapon 
23 attachment, or .50 caliber rifle is unloaded and the 
24 assault weapon, assault weapon attachment, .50 caliber 
25 rifle, or .50 caliber cartridge is enclosed in a case, 
26 firearm carrying box, shipping box, or other container. 
 
 
HB4304- 250 -LRB103 35638 RLC 65713 b


1 Beginning on January 1, 2024, the person with the 
2endorsement for an assault weapon, assault weapon attachment, 
3.50 caliber rifle, or .50 caliber cartridge or a person 
4authorized under subdivisions (1) through (5) of subsection 
5(e) to possess an assault weapon, assault weapon attachment, 
6.50 caliber rifle, or .50 caliber cartridge may transfer the 
7assault weapon, assault weapon attachment, .50 caliber rifle, 
8or .50 caliber cartridge only to an heir, an individual 
9residing in another state maintaining it in another state, or 
10a dealer licensed as a federal firearms dealer under Section 
11923 of the federal Gun Control Act of 1968. Within 10 days 
12after transfer of the weapon except to an heir, the person 
13shall notify the Illinois State Police of the name and address 
14of the transferee and comply with the requirements of 
15subsection (b) of Section 3 of the Firearm Owners 
16Identification Card Act. The person to whom the weapon or 
17ammunition is transferred shall, within 60 days of the 
18transfer, complete an affidavit required under this Section. A 
19person to whom the weapon is transferred may transfer it only 
20as provided in this subsection.
21 Except as provided in subsection (e) and beginning on 
22January 1, 2024, any person who moves into this State in 
23possession of an assault weapon, assault weapon attachment, 
24.50 caliber rifle, or .50 caliber cartridge shall, within 60 
25days, apply for a Firearm Owners Identification Card and 
26complete an endorsement application as outlined in subsection 
 
 
HB4304- 251 -LRB103 35638 RLC 65713 b


1(d).
2 Notwithstanding any other law, information contained in 
3the endorsement affidavit shall be confidential, is exempt 
4from disclosure under the Freedom of Information Act, and 
5shall not be disclosed, except to law enforcement agencies 
6acting in the performance of their duties. 
7 (e) The provisions of this Section regarding the purchase 
8or possession of assault weapons, assault weapon attachments, 
9.50 caliber rifles, and .50 cartridges, as well as the 
10provisions of this Section that prohibit causing those items 
11to be purchased or possessed, do not apply to:
12  (1) Peace officers, as defined in Section 2-13 of this 
13 Code.
14  (2) Qualified law enforcement officers and qualified 
15 retired law enforcement officers as defined in the Law 
16 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B 
17 and 926C) and as recognized under Illinois law. 
18  (3) Acquisition and possession by a federal, State, or 
19 local law enforcement agency for the purpose of equipping 
20 the agency's peace officers as defined in paragraph (1) or 
21 (2) of this subsection (e). 
22  (4) Wardens, superintendents, and keepers of prisons, 
23 penitentiaries, jails, and other institutions for the 
24 detention of persons accused or convicted of an offense.
25  (5) Members of the Armed Services or Reserve Forces of 
26 the United States or the Illinois National Guard, while 
 
 
HB4304- 252 -LRB103 35638 RLC 65713 b


1 performing their official duties or while traveling to or 
2 from their places of duty.
3  (6) Any company that employs armed security officers 
4 in this State at a nuclear energy, storage, weapons, or 
5 development site or facility regulated by the federal 
6 Nuclear Regulatory Commission and any person employed as 
7 an armed security force member at a nuclear energy, 
8 storage, weapons, or development site or facility 
9 regulated by the federal Nuclear Regulatory Commission who 
10 has completed the background screening and training 
11 mandated by the rules and regulations of the federal 
12 Nuclear Regulatory Commission and while performing 
13 official duties. 
14  (7) Any private security contractor agency licensed 
15 under the Private Detective, Private Alarm, Private 
16 Security, Fingerprint Vendor, and Locksmith Act of 2004 
17 that employs private security contractors and any private 
18 security contractor who is licensed and has been issued a 
19 firearm control card under the Private Detective, Private 
20 Alarm, Private Security, Fingerprint Vendor, and Locksmith 
21 Act of 2004 while performing official duties. 
22 The provisions of this Section do not apply to the 
23manufacture, delivery, sale, import, purchase, or possession 
24of an assault weapon, assault weapon attachment, .50 caliber 
25rifle, or .50 caliber cartridge or causing the manufacture, 
26delivery, sale, importation, purchase, or possession of those 
 
 
HB4304- 253 -LRB103 35638 RLC 65713 b


1items:
2  (A) for sale or transfer to persons authorized under 
3 subdivisions (1) through (7) of this subsection (e) to 
4 possess those items;
5  (B) for sale or transfer to the United States or any 
6 department or agency thereof; or
7  (C) for sale or transfer in another state or for 
8 export.
9 This Section does not apply to or affect any of the 
10following: 
11  (i) Possession of any firearm if that firearm is 
12 sanctioned by the International Olympic Committee and by 
13 USA Shooting, the national governing body for 
14 international shooting competition in the United States, 
15 but only when the firearm is in the actual possession of an 
16 Olympic target shooting competitor or target shooting 
17 coach for the purpose of storage, transporting to and from 
18 Olympic target shooting practice or events if the firearm 
19 is broken down in a nonfunctioning state, is not 
20 immediately accessible, or is unloaded and enclosed in a 
21 firearm case, carrying box, shipping box, or other similar 
22 portable container designed for the safe transportation of 
23 firearms, and when the Olympic target shooting competitor 
24 or target shooting coach is engaging in those practices or 
25 events. For the purposes of this paragraph (8), "firearm" 
26 has the meaning provided in Section 2-7.5 1.1 of the 
 
 
HB4304- 254 -LRB103 35638 RLC 65713 b


1 Firearm Owners Identification Card Act.
2  (ii) Any nonresident who transports, within 24 hours, 
3 a weapon for any lawful purpose from any place where the 
4 nonresident may lawfully possess and carry that weapon to 
5 any other place where the nonresident may lawfully possess 
6 and carry that weapon if, during the transportation, the 
7 weapon is unloaded, and neither the weapon nor any 
8 ammunition being transported is readily accessible or is 
9 directly accessible from the passenger compartment of the 
10 transporting vehicle. In the case of a vehicle without a 
11 compartment separate from the driver's compartment, the 
12 weapon or ammunition shall be contained in a locked 
13 container other than the glove compartment or console. 
14  (iii) Possession of a weapon at an event taking place 
15 at the World Shooting and Recreational Complex at Sparta, 
16 only while engaged in the legal use of the weapon, or while 
17 traveling to or from that location if the weapon is broken 
18 down in a nonfunctioning state, is not immediately 
19 accessible, or is unloaded and enclosed in a firearm case, 
20 carrying box, shipping box, or other similar portable 
21 container designed for the safe transportation of 
22 firearms. 
23  (iv) Possession of a weapon only for hunting use 
24 expressly permitted under the Wildlife Code, or while 
25 traveling to or from a location authorized for this 
26 hunting use under the Wildlife Code if the weapon is 
 
 
HB4304- 255 -LRB103 35638 RLC 65713 b


1 broken down in a nonfunctioning state, is not immediately 
2 accessible, or is unloaded and enclosed in a firearm case, 
3 carrying box, shipping box, or other similar portable 
4 container designed for the safe transportation of 
5 firearms. By October 1, 2023, the Illinois State Police, 
6 in consultation with the Department of Natural Resources, 
7 shall adopt rules concerning the list of applicable 
8 weapons approved under this subparagraph (iv). The 
9 Illinois State Police may adopt emergency rules in 
10 accordance with Section 5-45 of the Illinois 
11 Administrative Procedure Act. The adoption of emergency 
12 rules authorized by Section 5-45 of the Illinois 
13 Administrative Procedure Act and this paragraph is deemed 
14 to be necessary for the public interest, safety, and 
15 welfare. 
16  (v) The manufacture, transportation, possession, sale, 
17 or rental of blank-firing assault weapons and .50 caliber 
18 rifles, or the weapon's respective attachments, to persons 
19 authorized or permitted, or both authorized and permitted, 
20 to acquire and possess these weapons or attachments for 
21 the purpose of rental for use solely as props for a motion 
22 picture, television, or video production or entertainment 
23 event. 
24 Any person not subject to this Section may submit an 
25endorsement affidavit if the person chooses. 
26 (f) Any sale or transfer with a background check initiated 
 
 
HB4304- 256 -LRB103 35638 RLC 65713 b


1to the Illinois State Police on or before January 10, 2023 (the 
2effective date of Public Act 102-1116) this amendatory Act of 
3the 102nd General Assembly is allowed to be completed after 
4January 10, 2023 the effective date of this amendatory Act 
5once an approval is issued by the Illinois State Police and any 
6applicable waiting period under Section 24-3 has expired.
7 (g) The Illinois State Police shall take all steps 
8necessary to carry out the requirements of this Section within 
9by October 1, 2023. 
10 (h) The Illinois Department of the State Police shall also 
11develop and implement a public notice and public outreach 
12campaign to promote awareness about the provisions of Public 
13Act 102-1116 this amendatory Act of the 102nd General Assembly 
14and to increase compliance with this Section. 
15(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)

16 (720 ILCS 5/24-1.10)
17 Sec. 24-1.10. Manufacture, delivery, sale, and possession 
18of large capacity ammunition feeding devices.
19 (a) In this Section:
20 "Handgun" has the meaning ascribed to it in the Firearm 
21Concealed Carry Act.
22 "Long gun" means a rifle or shotgun. 
23 "Large capacity ammunition feeding device" means:
24  (1) a magazine, belt, drum, feed strip, or similar 
25 device that has a capacity of, or that can be readily 
 
 
HB4304- 257 -LRB103 35638 RLC 65713 b


1 restored or converted to accept, more than 10 rounds of 
2 ammunition for long guns and more than 15 rounds of 
3 ammunition for handguns; or
4  (2) any combination of parts from which a device 
5 described in paragraph (1) can be assembled.
6 "Large capacity ammunition feeding device" does not 
7include an attached tubular device designed to accept, and 
8capable of operating only with, .22 caliber rimfire 
9ammunition. "Large capacity ammunition feeding device" does 
10not include a tubular magazine that is contained in a 
11lever-action firearm or any device that has been made 
12permanently inoperable.
13 (b) Except as provided in subsections (e) and (f), it is 
14unlawful for any person within this State to knowingly 
15manufacture, deliver, sell, purchase, or cause to be 
16manufactured, delivered, sold, or purchased a large capacity 
17ammunition feeding device.
18 (c) Except as provided in subsections (d), (e), and (f), 
19and beginning 90 days after January 10, 2023 (the effective 
20date of Public Act 102-1116) this amendatory Act of the 102nd 
21General Assembly, it is unlawful to knowingly possess a large 
22capacity ammunition feeding device. 
23 (d) Subsection (c) does not apply to a person's possession 
24of a large capacity ammunition feeding device if the person 
25lawfully possessed that large capacity ammunition feeding 
26device before January 10, 2023 (the effective date of Public 
 
 
HB4304- 258 -LRB103 35638 RLC 65713 b


1Act 102-1116) this amendatory Act of the 102nd General 
2Assembly, provided that the person shall possess such device 
3only: 
4  (1) on private property owned or immediately 
5 controlled by the person;
6  (2) on private property that is not open to the public 
7 with the express permission of the person who owns or 
8 immediately controls such property;
9  (3) while on the premises of a licensed firearms 
10 dealer or gunsmith for the purpose of lawful repair;
11  (4) while engaged in the legal use of the large 
12 capacity ammunition feeding device at a properly licensed 
13 firing range or sport shooting competition venue; or
14  (5) while traveling to or from these locations, 
15 provided that the large capacity ammunition feeding device 
16 is stored unloaded and enclosed in a case, firearm 
17 carrying box, shipping box, or other container. 
18 A person authorized under this Section to possess a large 
19capacity ammunition feeding device may transfer the large 
20capacity ammunition feeding device only to an heir, an 
21individual residing in another state maintaining it in another 
22state, or a dealer licensed as a federal firearms dealer under 
23Section 923 of the federal Gun Control Act of 1968. Within 10 
24days after transfer of the large capacity ammunition feeding 
25device except to an heir, the person shall notify the Illinois 
26State Police of the name and address of the transferee and 
 
 
HB4304- 259 -LRB103 35638 RLC 65713 b


1comply with the requirements of subsection (b) of Section 3 of 
2the Firearm Owners Identification Card Act. The person to whom 
3the large capacity ammunition feeding device is transferred 
4shall, within 60 days of the transfer, notify the Illinois 
5State Police of the person's acquisition and comply with the 
6requirements of subsection (b) of Section 3 of the Firearm 
7Owners Identification Card Act. A person to whom the large 
8capacity ammunition feeding device is transferred may transfer 
9it only as provided in this subsection.
10 Except as provided in subsections (e) and (f) and 
11beginning 90 days after the effective date of this amendatory 
12Act of the 102nd General Assembly, any person who moves into 
13this State in possession of a large capacity ammunition 
14feeding device shall, within 60 days, apply for a Firearm 
15Owners Identification Card.
16 (e) The provisions of this Section regarding the purchase 
17or possession of large capacity ammunition feeding devices, as 
18well as the provisions of this Section that prohibit causing 
19those items to be purchased or possessed, do not apply to:
20  (1) Peace officers as defined in Section 2-13 of this 
21 Code.
22  (2) Qualified law enforcement officers and qualified 
23 retired law enforcement officers as defined in the Law 
24 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B 
25 and 926C) and as recognized under Illinois law. 
26  (3) A federal, State, or local law enforcement agency 
 
 
HB4304- 260 -LRB103 35638 RLC 65713 b


1 for the purpose of equipping the agency's peace officers 
2 as defined in paragraph (1) or (2) of this subsection (e). 
3  (4) Wardens, superintendents, and keepers of prisons, 
4 penitentiaries, jails, and other institutions for the 
5 detention of persons accused or convicted of an offense.
6  (5) Members of the Armed Services or Reserve Forces of 
7 the United States or the Illinois National Guard, while 
8 performing their official duties or while traveling to or 
9 from their places of duty.
10  (6) Any company that employs armed security officers 
11 in this State at a nuclear energy, storage, weapons, or 
12 development site or facility regulated by the federal 
13 Nuclear Regulatory Commission and any person employed as 
14 an armed security force member at a nuclear energy, 
15 storage, weapons, or development site or facility 
16 regulated by the federal Nuclear Regulatory Commission who 
17 has completed the background screening and training 
18 mandated by the rules and regulations of the federal 
19 Nuclear Regulatory Commission and while performing 
20 official duties. 
21  (7) Any private security contractor agency licensed 
22 under the Private Detective, Private Alarm, Private 
23 Security, Fingerprint Vendor, and Locksmith Act of 2004 
24 that employs private security contractors and any private 
25 security contractor who is licensed and has been issued a 
26 firearm control card under the Private Detective, Private 
 
 
HB4304- 261 -LRB103 35638 RLC 65713 b


1 Alarm, Private Security, Fingerprint Vendor, and Locksmith 
2 Act of 2004 while performing official duties. 
3 (f) This Section does not apply to or affect any of the 
4following: 
5  (1) Manufacture, delivery, sale, importation, 
6 purchase, or possession or causing to be manufactured, 
7 delivered, sold, imported, purchased, or possessed a large 
8 capacity ammunition feeding device:
9   (A) for sale or transfer to persons authorized 
10 under subdivisions (1) through (7) of subsection (e) 
11 to possess those items;
12   (B) for sale or transfer to the United States or 
13 any department or agency thereof; or
14   (C) for sale or transfer in another state or for 
15 export.
16  (2) Sale or rental of large capacity ammunition 
17 feeding devices for blank-firing assault weapons and .50 
18 caliber rifles, to persons authorized or permitted, or 
19 both authorized and permitted, to acquire these devices 
20 for the purpose of rental for use solely as props for a 
21 motion picture, television, or video production or 
22 entertainment event. 
23 (g) Sentence. A person who knowingly manufactures, 
24delivers, sells, purchases, possesses, or causes to be 
25manufactured, delivered, sold, possessed, or purchased in 
26violation of this Section a large capacity ammunition feeding 
 
 
HB4304- 262 -LRB103 35638 RLC 65713 b


1device capable of holding more than 10 rounds of ammunition 
2for long guns or more than 15 rounds of ammunition for handguns 
3commits a petty offense with a fine of $1,000 for each 
4violation.
5 (h) The Illinois Department of the State Police shall also 
6develop and implement a public notice and public outreach 
7campaign to promote awareness about the provisions of Public 
8Act 102-1116 this amendatory Act of the 102nd General Assembly 
9and to increase compliance with this Section. 
10(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)

11 (720 ILCS 5/24-2)
12 Sec. 24-2. Exemptions. 
13 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
1424-1(a)(13) and Section 24-1.6 do not apply to or affect any of 
15the following:
16  (1) Peace officers, and any person summoned by a peace 
17 officer to assist in making arrests or preserving the 
18 peace, while actually engaged in assisting such officer.
19  (2) Wardens, superintendents and keepers of prisons, 
20 penitentiaries, jails and other institutions for the 
21 detention of persons accused or convicted of an offense, 
22 while in the performance of their official duty, or while 
23 commuting between their homes and places of employment.
24  (3) Members of the Armed Services or Reserve Forces of 
25 the United States or the Illinois National Guard or the 
 
 
HB4304- 263 -LRB103 35638 RLC 65713 b


1 Reserve Officers Training Corps, while in the performance 
2 of their official duty.
3  (4) Special agents employed by a railroad or a public 
4 utility to perform police functions, and guards of armored 
5 car companies, while actually engaged in the performance 
6 of the duties of their employment or commuting between 
7 their homes and places of employment; and watchmen while 
8 actually engaged in the performance of the duties of their 
9 employment.
10  (5) Persons licensed as private security contractors, 
11 private detectives, or private alarm contractors, or 
12 employed by a private security contractor, private 
13 detective, or private alarm contractor agency licensed by 
14 the Department of Financial and Professional Regulation, 
15 if their duties include the carrying of a weapon under the 
16 provisions of the Private Detective, Private Alarm, 
17 Private Security, Fingerprint Vendor, and Locksmith Act of 
18 2004, while actually engaged in the performance of the 
19 duties of their employment or commuting between their 
20 homes and places of employment. A person shall be 
21 considered eligible for this exemption if he or she has 
22 completed the required 20 hours of training for a private 
23 security contractor, private detective, or private alarm 
24 contractor, or employee of a licensed private security 
25 contractor, private detective, or private alarm contractor 
26 agency and 28 hours of required firearm training, and has 
 
 
HB4304- 264 -LRB103 35638 RLC 65713 b


1 been issued a firearm control card by the Department of 
2 Financial and Professional Regulation. Conditions for the 
3 renewal of firearm control cards issued under the 
4 provisions of this Section shall be the same as for those 
5 cards issued under the provisions of the Private 
6 Detective, Private Alarm, Private Security, Fingerprint 
7 Vendor, and Locksmith Act of 2004. The firearm control 
8 card shall be carried by the private security contractor, 
9 private detective, or private alarm contractor, or 
10 employee of the licensed private security contractor, 
11 private detective, or private alarm contractor agency at 
12 all times when he or she is in possession of a concealable 
13 weapon permitted by his or her firearm control card.
14  (6) Any person regularly employed in a commercial or 
15 industrial operation as a security guard for the 
16 protection of persons employed and private property 
17 related to such commercial or industrial operation, while 
18 actually engaged in the performance of his or her duty or 
19 traveling between sites or properties belonging to the 
20 employer, and who, as a security guard, is a member of a 
21 security force registered with the Department of Financial 
22 and Professional Regulation; provided that such security 
23 guard has successfully completed a course of study, 
24 approved by and supervised by the Department of Financial 
25 and Professional Regulation, consisting of not less than 
26 48 hours of training that includes the theory of law 
 
 
HB4304- 265 -LRB103 35638 RLC 65713 b


1 enforcement, liability for acts, and the handling of 
2 weapons. A person shall be considered eligible for this 
3 exemption if he or she has completed the required 20 hours 
4 of training for a security officer and 28 hours of 
5 required firearm training, and has been issued a firearm 
6 control card by the Department of Financial and 
7 Professional Regulation. Conditions for the renewal of 
8 firearm control cards issued under the provisions of this 
9 Section shall be the same as for those cards issued under 
10 the provisions of the Private Detective, Private Alarm, 
11 Private Security, Fingerprint Vendor, and Locksmith Act of 
12 2004. The firearm control card shall be carried by the 
13 security guard at all times when he or she is in possession 
14 of a concealable weapon permitted by his or her firearm 
15 control card.
16  (7) Agents and investigators of the Illinois 
17 Legislative Investigating Commission authorized by the 
18 Commission to carry the weapons specified in subsections 
19 24-1(a)(3) and 24-1(a)(4), while on duty in the course of 
20 any investigation for the Commission.
21  (8) Persons employed by a financial institution as a 
22 security guard for the protection of other employees and 
23 property related to such financial institution, while 
24 actually engaged in the performance of their duties, 
25 commuting between their homes and places of employment, or 
26 traveling between sites or properties owned or operated by 
 
 
HB4304- 266 -LRB103 35638 RLC 65713 b


1 such financial institution, and who, as a security guard, 
2 is a member of a security force registered with the 
3 Department; provided that any person so employed has 
4 successfully completed a course of study, approved by and 
5 supervised by the Department of Financial and Professional 
6 Regulation, consisting of not less than 48 hours of 
7 training which includes theory of law enforcement, 
8 liability for acts, and the handling of weapons. A person 
9 shall be considered to be eligible for this exemption if 
10 he or she has completed the required 20 hours of training 
11 for a security officer and 28 hours of required firearm 
12 training, and has been issued a firearm control card by 
13 the Department of Financial and Professional Regulation. 
14 Conditions for renewal of firearm control cards issued 
15 under the provisions of this Section shall be the same as 
16 for those issued under the provisions of the Private 
17 Detective, Private Alarm, Private Security, Fingerprint 
18 Vendor, and Locksmith Act of 2004. The firearm control 
19 card shall be carried by the security guard at all times 
20 when he or she is in possession of a concealable weapon 
21 permitted by his or her firearm control card. For purposes 
22 of this subsection, "financial institution" means a bank, 
23 savings and loan association, credit union or company 
24 providing armored car services.
25  (9) Any person employed by an armored car company to 
26 drive an armored car, while actually engaged in the 
 
 
HB4304- 267 -LRB103 35638 RLC 65713 b


1 performance of his duties.
2  (10) Persons who have been classified as peace 
3 officers pursuant to the Peace Officer Fire Investigation 
4 Act.
5  (11) Investigators of the Office of the State's 
6 Attorneys Appellate Prosecutor authorized by the board of 
7 governors of the Office of the State's Attorneys Appellate 
8 Prosecutor to carry weapons pursuant to Section 7.06 of 
9 the State's Attorneys Appellate Prosecutor's Act.
10  (12) Special investigators appointed by a State's 
11 Attorney under Section 3-9005 of the Counties Code.
12  (12.5) Probation officers while in the performance of 
13 their duties, or while commuting between their homes, 
14 places of employment or specific locations that are part 
15 of their assigned duties, with the consent of the chief 
16 judge of the circuit for which they are employed, if they 
17 have received weapons training according to requirements 
18 of the Peace Officer and Probation Officer Firearm 
19 Training Act.
20  (13) Court Security Officers while in the performance 
21 of their official duties, or while commuting between their 
22 homes and places of employment, with the consent of the 
23 Sheriff.
24  (13.5) A person employed as an armed security guard at 
25 a nuclear energy, storage, weapons or development site or 
26 facility regulated by the Nuclear Regulatory Commission 
 
 
HB4304- 268 -LRB103 35638 RLC 65713 b


1 who has completed the background screening and training 
2 mandated by the rules and regulations of the Nuclear 
3 Regulatory Commission.
4  (14) Manufacture, transportation, or sale of weapons 
5 to persons authorized under subdivisions (1) through 
6 (13.5) of this subsection to possess those weapons.
7 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
8to or affect any person carrying a concealed pistol, revolver, 
9or handgun and the person has been issued a currently valid 
10license under the Firearm Concealed Carry Act at the time of 
11the commission of the offense.
12 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
13to or affect a qualified current or retired law enforcement 
14officer or a current or retired deputy, county correctional 
15officer, or correctional officer of the Department of 
16Corrections qualified under the laws of this State or under 
17the federal Law Enforcement Officers Safety Act. 
18 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1924-1.6 do not apply to or affect any of the following:
20  (1) Members of any club or organization organized for 
21 the purpose of practicing shooting at targets upon 
22 established target ranges, whether public or private, and 
23 patrons of such ranges, while such members or patrons are 
24 using their firearms on those target ranges.
25  (2) Duly authorized military or civil organizations 
26 while parading, with the special permission of the 
 
 
HB4304- 269 -LRB103 35638 RLC 65713 b


1 Governor.
2  (3) Hunters, trappers, or fishermen while engaged in 
3 lawful hunting, trapping, or fishing under the provisions 
4 of the Wildlife Code or the Fish and Aquatic Life Code.
5  (4) Transportation of weapons that are broken down in 
6 a non-functioning state or are not immediately accessible.
7  (5) Carrying or possessing any pistol, revolver, stun 
8 gun or taser or other firearm on the land or in the legal 
9 dwelling of another person as an invitee with that 
10 person's permission. 
11 (c) Subsection 24-1(a)(7) does not apply to or affect any 
12of the following:
13  (1) Peace officers while in performance of their 
14 official duties.
15  (2) Wardens, superintendents and keepers of prisons, 
16 penitentiaries, jails and other institutions for the 
17 detention of persons accused or convicted of an offense.
18  (3) Members of the Armed Services or Reserve Forces of 
19 the United States or the Illinois National Guard, while in 
20 the performance of their official duty.
21  (4) Manufacture, transportation, or sale of machine 
22 guns to persons authorized under subdivisions (1) through 
23 (3) of this subsection to possess machine guns, if the 
24 machine guns are broken down in a non-functioning state or 
25 are not immediately accessible.
26  (5) Persons licensed under federal law to manufacture 
 
 
HB4304- 270 -LRB103 35638 RLC 65713 b


1 any weapon from which 8 or more shots or bullets can be 
2 discharged by a single function of the firing device, or 
3 ammunition for such weapons, and actually engaged in the 
4 business of manufacturing such weapons or ammunition, but 
5 only with respect to activities which are within the 
6 lawful scope of such business, such as the manufacture, 
7 transportation, or testing of such weapons or ammunition. 
8 This exemption does not authorize the general private 
9 possession of any weapon from which 8 or more shots or 
10 bullets can be discharged by a single function of the 
11 firing device, but only such possession and activities as 
12 are within the lawful scope of a licensed manufacturing 
13 business described in this paragraph.
14  During transportation, such weapons shall be broken 
15 down in a non-functioning state or not immediately 
16 accessible.
17  (6) The manufacture, transport, testing, delivery, 
18 transfer or sale, and all lawful commercial or 
19 experimental activities necessary thereto, of rifles, 
20 shotguns, and weapons made from rifles or shotguns, or 
21 ammunition for such rifles, shotguns or weapons, where 
22 engaged in by a person operating as a contractor or 
23 subcontractor pursuant to a contract or subcontract for 
24 the development and supply of such rifles, shotguns, 
25 weapons or ammunition to the United States government or 
26 any branch of the Armed Forces of the United States, when 
 
 
HB4304- 271 -LRB103 35638 RLC 65713 b


1 such activities are necessary and incident to fulfilling 
2 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 
13 (B) the person is an active member of a bona fide, 
14 nationally recognized military re-enacting group and the 
15 modification is required and necessary to accurately 
16 portray the weapon for historical re-enactment purposes; 
17 the re-enactor is in possession of a valid and current 
18 re-enacting group membership credential; and the overall 
19 length of the weapon as modified is not less than 26 
20 inches.
21 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
22possession or carrying of a black-jack or slung-shot by a 
23peace officer.
24 (e) Subsection 24-1(a)(8) does not apply to any owner, 
25manager or authorized employee of any place specified in that 
26subsection nor to any law enforcement officer.
 
 
HB4304- 272 -LRB103 35638 RLC 65713 b


1 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
2Section 24-1.6 do not apply to members of any club or 
3organization organized for the purpose of practicing shooting 
4at targets upon established target ranges, whether public or 
5private, while using their firearms on those target ranges.
6 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
7to:
8  (1) Members of the Armed Services or Reserve Forces of 
9 the United States or the Illinois National Guard, while in 
10 the performance of their official duty.
11  (2) Bonafide collectors of antique or surplus military 
12 ordnance.
13  (3) Laboratories having a department of forensic 
14 ballistics, or specializing in the development of 
15 ammunition or explosive ordnance.
16  (4) Commerce, preparation, assembly or possession of 
17 explosive bullets by manufacturers of ammunition licensed 
18 by the federal government, in connection with the supply 
19 of those organizations and persons exempted by subdivision 
20 (g)(1) of this Section, or like organizations and persons 
21 outside this State, or the transportation of explosive 
22 bullets to any organization or person exempted in this 
23 Section by a common carrier or by a vehicle owned or leased 
24 by an exempted manufacturer.
25 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
26persons licensed under federal law to manufacture any device 
 
 
HB4304- 273 -LRB103 35638 RLC 65713 b


1or attachment of any kind designed, used, or intended for use 
2in silencing the report of any firearm, firearms, or 
3ammunition for those firearms equipped with those devices, and 
4actually engaged in the business of manufacturing those 
5devices, firearms, or ammunition, but only with respect to 
6activities that are within the lawful scope of that business, 
7such as the manufacture, transportation, or testing of those 
8devices, firearms, or ammunition. This exemption does not 
9authorize the general private possession of any device or 
10attachment of any kind designed, used, or intended for use in 
11silencing the report of any firearm, but only such possession 
12and activities as are within the lawful scope of a licensed 
13manufacturing business described in this subsection (g-5). 
14During transportation, these devices shall be detached from 
15any weapon or not immediately accessible.
16 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1724-1.6 do not apply to or affect any parole agent or parole 
18supervisor who meets the qualifications and conditions 
19prescribed in Section 3-14-1.5 of the Unified Code of 
20Corrections. 
21 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
22officer while serving as a member of a tactical response team 
23or special operations team. A peace officer may not personally 
24own or apply for ownership of a device or attachment of any 
25kind designed, used, or intended for use in silencing the 
26report of any firearm. These devices shall be owned and 
 
 
HB4304- 274 -LRB103 35638 RLC 65713 b


1maintained by lawfully recognized units of government whose 
2duties include the investigation of criminal acts.
3 (g-10) (Blank). 
4 (h) An information or indictment based upon a violation of 
5any subsection of this Article need not negative any 
6exemptions contained in this Article. The defendant shall have 
7the burden of proving such an exemption.
8 (i) Nothing in this Article shall prohibit, apply to, or 
9affect the transportation, carrying, or possession, of any 
10pistol or revolver, stun gun, taser, or other firearm 
11consigned to a common carrier operating under license of the 
12State of Illinois or the federal government, where such 
13transportation, carrying, or possession is incident to the 
14lawful transportation in which such common carrier is engaged; 
15and nothing in this Article shall prohibit, apply to, or 
16affect the transportation, carrying, or possession of any 
17pistol, revolver, stun gun, taser, or other firearm, not the 
18subject of and regulated by subsection 24-1(a)(7) or 
19subsection 24-2(c) of this Article, which is unloaded and 
20enclosed in a case, firearm carrying box, shipping box, or 
21other container, by a person eligible under State and federal 
22law to possess a firearm the possessor of a valid Firearm 
23Owners Identification Card.
24(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; 
25102-837, eff. 5-13-22; 103-154, eff. 6-30-23.)

 
 
HB4304- 275 -LRB103 35638 RLC 65713 b


1 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
2 Sec. 24-3. Unlawful sale or delivery of firearms. 
3 (A) A person commits the offense of unlawful sale or 
4delivery of firearms when he or she knowingly does any of the 
5following:
6  (a) Sells or gives any firearm of a size which may be 
7 concealed upon the person to any person under 18 years of 
8 age.
9  (b) Sells or gives any firearm to a person under 21 
10 years of age who has been convicted of a misdemeanor other 
11 than a traffic offense or adjudged delinquent.
12  (c) Sells or gives any firearm to any narcotic addict.
13  (d) Sells or gives any firearm to any person who has 
14 been convicted of a felony under the laws of this or any 
15 other jurisdiction.
16  (e) Sells or gives any firearm to any person who has 
17 been a patient in a mental institution within the past 5 
18 years. In this subsection (e):
19   "Mental institution" means any hospital, 
20 institution, clinic, evaluation facility, mental 
21 health center, or part thereof, which is used 
22 primarily for the care or treatment of persons with 
23 mental illness. 
24   "Patient in a mental institution" means the person 
25 was admitted, either voluntarily or involuntarily, to 
26 a mental institution for mental health treatment, 
 
 
HB4304- 276 -LRB103 35638 RLC 65713 b


1 unless the treatment was voluntary and solely for an 
2 alcohol abuse disorder and no other secondary 
3 substance abuse disorder or mental illness.
4  (f) Sells or gives any firearms to any person who is a 
5 person with an intellectual disability.
6  (g) Delivers any firearm, incidental to a sale, 
7 without withholding delivery of the firearm for at least 
8 72 hours after application for its purchase has been made, 
9 or delivers a stun gun or taser, incidental to a sale, 
10 without withholding delivery of the stun gun or taser for 
11 at least 24 hours after application for its purchase has 
12 been made. However, this paragraph (g) does not apply to: 
13 (1) the sale of a firearm to a law enforcement officer if 
14 the seller of the firearm knows that the person to whom he 
15 or she is selling the firearm is a law enforcement officer 
16 or the sale of a firearm to a person who desires to 
17 purchase a firearm for use in promoting the public 
18 interest incident to his or her employment as a bank 
19 guard, armed truck guard, or other similar employment; (2) 
20 a mail order sale of a firearm from a federally licensed 
21 firearms dealer to a nonresident of Illinois under which 
22 the firearm is mailed to a federally licensed firearms 
23 dealer outside the boundaries of Illinois; (3) (blank); 
24 (4) the sale of a firearm to a dealer licensed as a federal 
25 firearms dealer under Section 923 of the federal Gun 
26 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or 
 
 
HB4304- 277 -LRB103 35638 RLC 65713 b


1 sale of any rifle, shotgun, or other long gun to a resident 
2 registered competitor or attendee or non-resident 
3 registered competitor or attendee by any dealer licensed 
4 as a federal firearms dealer under Section 923 of the 
5 federal Gun Control Act of 1968 at competitive shooting 
6 events held at the World Shooting Complex sanctioned by a 
7 national governing body. For purposes of transfers or 
8 sales under subparagraph (5) of this paragraph (g), the 
9 Department of Natural Resources shall give notice to the 
10 Illinois State Police at least 30 calendar days prior to 
11 any competitive shooting events at the World Shooting 
12 Complex sanctioned by a national governing body. The 
13 notification shall be made on a form prescribed by the 
14 Illinois State Police. The sanctioning body shall provide 
15 a list of all registered competitors and attendees at 
16 least 24 hours before the events to the Illinois State 
17 Police. Any changes to the list of registered competitors 
18 and attendees shall be forwarded to the Illinois State 
19 Police as soon as practicable. The Illinois State Police 
20 must destroy the list of registered competitors and 
21 attendees no later than 30 days after the date of the 
22 event. Nothing in this paragraph (g) relieves a federally 
23 licensed firearm dealer from the requirements of 
24 conducting a NICS background check through the Illinois 
25 Point of Contact under 18 U.S.C. 922(t). For purposes of 
26 this paragraph (g), "application" means when the buyer and 
 
 
HB4304- 278 -LRB103 35638 RLC 65713 b


1 seller reach an agreement to purchase a firearm. For 
2 purposes of this paragraph (g), "national governing body" 
3 means a group of persons who adopt rules and formulate 
4 policy on behalf of a national firearm sporting 
5 organization. 
6  (h) While holding any license as a dealer, importer, 
7 manufacturer or pawnbroker under the federal Gun Control 
8 Act of 1968, manufactures, sells or delivers to any 
9 unlicensed person a handgun having a barrel, slide, frame 
10 or receiver which is a die casting of zinc alloy or any 
11 other nonhomogeneous metal which will melt or deform at a 
12 temperature of less than 800 degrees Fahrenheit. For 
13 purposes of this paragraph, (1) "firearm" has the meaning 
14 provided in Section 2-7.5 of the Criminal Code of 2012 is 
15 defined as in the Firearm Owners Identification Card Act; 
16 and (2) "handgun" is defined as a firearm designed to be 
17 held and fired by the use of a single hand, and includes a 
18 combination of parts from which such a firearm can be 
19 assembled.
20  (i) Sells or gives a firearm of any size to any person 
21 under 18 years of age who is not eligible under State or 
22 federal law to possess a firearm does not possess a valid 
23 Firearm Owner's Identification Card.
24  (j) Sells or gives a firearm while engaged in the 
25 business of selling firearms at wholesale or retail 
26 without being licensed as a federal firearms dealer under 
 
 
HB4304- 279 -LRB103 35638 RLC 65713 b


1 Section 923 of the federal Gun Control Act of 1968 (18 
2 U.S.C. 923). In this paragraph (j):
3  A person "engaged in the business" means a person who 
4 devotes time, attention, and labor to engaging in the 
5 activity as a regular course of trade or business with the 
6 principal objective of livelihood and profit, but does not 
7 include a person who makes occasional repairs of firearms 
8 or who occasionally fits special barrels, stocks, or 
9 trigger mechanisms to firearms.
10  "With the principal objective of livelihood and 
11 profit" means that the intent underlying the sale or 
12 disposition of firearms is predominantly one of obtaining 
13 livelihood and pecuniary gain, as opposed to other 
14 intents, such as improving or liquidating a personal 
15 firearms collection; however, proof of profit shall not be 
16 required as to a person who engages in the regular and 
17 repetitive purchase and disposition of firearms for 
18 criminal purposes or terrorism.
19  (k) (Blank). Sells or transfers ownership of a firearm 
20 to a person who does not display to the seller or 
21 transferor of the firearm either: (1) a currently valid 
22 Firearm Owner's Identification Card that has previously 
23 been issued in the transferee's name by the Illinois State 
24 Police under the provisions of the Firearm Owners 
25 Identification Card Act; or (2) a currently valid license 
26 to carry a concealed firearm that has previously been 
 
 
HB4304- 280 -LRB103 35638 RLC 65713 b


1 issued in the transferee's name by the Illinois State 
2 Police under the Firearm Concealed Carry Act. This 
3 paragraph (k) does not apply to the transfer of a firearm 
4 to a person who is exempt from the requirement of 
5 possessing a Firearm Owner's Identification Card under 
6 Section 2 of the Firearm Owners Identification Card Act. 
7 For the purposes of this Section, a currently valid 
8 Firearm Owner's Identification Card or license to carry a 
9 concealed firearm means receipt of an approval number 
10 issued in accordance with subsection (a-10) of Section 3 
11 or Section 3.1 of the Firearm Owners Identification Card 
12 Act.
13   (1) (Blank). In addition to the other requirements 
14 of this paragraph (k), all persons who are not 
15 federally licensed firearms dealers must also have 
16 complied with subsection (a-10) of Section 3 of the 
17 Firearm Owners Identification Card Act by determining 
18 the validity of a purchaser's Firearm Owner's 
19 Identification Card.
20   (2) (Blank). All sellers or transferors who have 
21 complied with the requirements of subparagraph (1) of 
22 this paragraph (k) shall not be liable for damages in 
23 any civil action arising from the use or misuse by the 
24 transferee of the firearm transferred, except for 
25 willful or wanton misconduct on the part of the seller 
26 or transferor. 
 
 
HB4304- 281 -LRB103 35638 RLC 65713 b


1  (l) Not being entitled to the possession of a firearm, 
2 delivers the firearm, knowing it to have been stolen or 
3 converted. It may be inferred that a person who possesses 
4 a firearm with knowledge that its serial number has been 
5 removed or altered has knowledge that the firearm is 
6 stolen or converted. 
7 (B) Paragraph (h) of subsection (A) does not include 
8firearms sold within 6 months after enactment of Public Act 
978-355 (approved August 21, 1973, effective October 1, 1973), 
10nor is any firearm legally owned or possessed by any citizen or 
11purchased by any citizen within 6 months after the enactment 
12of Public Act 78-355 subject to confiscation or seizure under 
13the provisions of that Public Act. Nothing in Public Act 
1478-355 shall be construed to prohibit the gift or trade of any 
15firearm if that firearm was legally held or acquired within 6 
16months after the enactment of that Public Act.
17 (C) Sentence.
18  (1) Any person convicted of unlawful sale or delivery 
19 of firearms in violation of paragraph (c), (e), (f), (g), 
20 or (h) of subsection (A) commits a Class 4 felony.
21  (2) Any person convicted of unlawful sale or delivery 
22 of firearms in violation of paragraph (b) or (i) of 
23 subsection (A) commits a Class 3 felony.
24  (3) Any person convicted of unlawful sale or delivery 
25 of firearms in violation of paragraph (a) of subsection 
26 (A) commits a Class 2 felony.
 
 
HB4304- 282 -LRB103 35638 RLC 65713 b


1  (4) Any person convicted of unlawful sale or delivery 
2 of firearms in violation of paragraph (a), (b), or (i) of 
3 subsection (A) in any school, on the real property 
4 comprising a school, within 1,000 feet of the real 
5 property comprising a school, at a school related 
6 activity, or on or within 1,000 feet of any conveyance 
7 owned, leased, or contracted by a school or school 
8 district to transport students to or from school or a 
9 school related activity, regardless of the time of day or 
10 time of year at which the offense was committed, commits a 
11 Class 1 felony. Any person convicted of a second or 
12 subsequent violation of unlawful sale or delivery of 
13 firearms in violation of paragraph (a), (b), or (i) of 
14 subsection (A) in any school, on the real property 
15 comprising a school, within 1,000 feet of the real 
16 property comprising a school, at a school related 
17 activity, or on or within 1,000 feet of any conveyance 
18 owned, leased, or contracted by a school or school 
19 district to transport students to or from school or a 
20 school related activity, regardless of the time of day or 
21 time of year at which the offense was committed, commits a 
22 Class 1 felony for which the sentence shall be a term of 
23 imprisonment of no less than 5 years and no more than 15 
24 years.
25  (5) Any person convicted of unlawful sale or delivery 
26 of firearms in violation of paragraph (a) or (i) of 
 
 
HB4304- 283 -LRB103 35638 RLC 65713 b


1 subsection (A) in residential property owned, operated, or 
2 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 
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, 
8 on the real property comprising any public park, on the 
9 real property comprising any courthouse, or on any public 
10 way within 1,000 feet of the real property comprising any 
11 public park, courthouse, or residential property owned, 
12 operated, or managed by a public housing agency or leased 
13 by a public housing agency as part of a scattered site or 
14 mixed-income development commits a Class 2 felony.
15  (6) Any person convicted of unlawful sale or delivery 
16 of firearms in violation of paragraph (j) of subsection 
17 (A) commits a Class A misdemeanor. A second or subsequent 
18 violation is a Class 4 felony.
19  (7) (Blank). Any person convicted of unlawful sale or 
20 delivery of firearms in violation of paragraph (k) of 
21 subsection (A) commits a Class 4 felony, except that a 
22 violation of subparagraph (1) of paragraph (k) of 
23 subsection (A) shall not be punishable as a crime or petty 
24 offense. A third or subsequent conviction for a violation 
25 of paragraph (k) of subsection (A) is a Class 1 felony. 
26  (8) A person 18 years of age or older convicted of 
 
 
HB4304- 284 -LRB103 35638 RLC 65713 b


1 unlawful sale or delivery of firearms in violation of 
2 paragraph (a) or (i) of subsection (A), when the firearm 
3 that was sold or given to another person under 18 years of 
4 age was used in the commission of or attempt to commit a 
5 forcible felony, shall be fined or imprisoned, or both, 
6 not to exceed the maximum provided for the most serious 
7 forcible felony so committed or attempted by the person 
8 under 18 years of age who was sold or given the firearm. 
9  (9) Any person convicted of unlawful sale or delivery 
10 of firearms in violation of paragraph (d) of subsection 
11 (A) commits a Class 3 felony.
12  (10) Any person convicted of unlawful sale or delivery 
13 of firearms in violation of paragraph (l) of subsection 
14 (A) commits a Class 2 felony if the delivery is of one 
15 firearm. Any person convicted of unlawful sale or delivery 
16 of firearms in violation of paragraph (l) of subsection 
17 (A) commits a Class 1 felony if the delivery is of not less 
18 than 2 and not more than 5 firearms at the same time or 
19 within a one-year period. Any person convicted of unlawful 
20 sale or delivery of firearms in violation of paragraph (l) 
21 of subsection (A) commits a Class X felony for which he or 
22 she shall be sentenced to a term of imprisonment of not 
23 less than 6 years and not more than 30 years if the 
24 delivery is of not less than 6 and not more than 10 
25 firearms at the same time or within a 2-year period. Any 
26 person convicted of unlawful sale or delivery of firearms 
 
 
HB4304- 285 -LRB103 35638 RLC 65713 b


1 in violation of paragraph (l) of subsection (A) commits a 
2 Class X felony for which he or she shall be sentenced to a 
3 term of imprisonment of not less than 6 years and not more 
4 than 40 years if the delivery is of not less than 11 and 
5 not more than 20 firearms at the same time or within a 
6 3-year period. Any person convicted of unlawful sale or 
7 delivery of firearms in violation of paragraph (l) of 
8 subsection (A) commits a Class X felony for which he or she 
9 shall be sentenced to a term of imprisonment of not less 
10 than 6 years and not more than 50 years if the delivery is 
11 of not less than 21 and not more than 30 firearms at the 
12 same time or within a 4-year period. Any person convicted 
13 of unlawful sale or delivery of firearms in violation of 
14 paragraph (l) of subsection (A) commits a Class X felony 
15 for which he or she shall be sentenced to a term of 
16 imprisonment of not less than 6 years and not more than 60 
17 years if the delivery is of 31 or more firearms at the same 
18 time or within a 5-year period. 
19 (D) For purposes of this Section:
20 "School" means a public or private elementary or secondary 
21school, community college, college, or university.
22 "School related activity" means any sporting, social, 
23academic, or other activity for which students' attendance or 
24participation is sponsored, organized, or funded in whole or 
25in part by a school or school district.
26 (E) (Blank). A prosecution for a violation of paragraph 
 
 
HB4304- 286 -LRB103 35638 RLC 65713 b


1(k) of subsection (A) of this Section may be commenced within 6 
2years after the commission of the offense. A prosecution for a 
3violation of this Section other than paragraph (g) of 
4subsection (A) of this Section may be commenced within 5 years 
5after the commission of the offense defined in the particular 
6paragraph. 
7(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
8102-813, eff. 5-13-22.)

9 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
10 Sec. 24-3.1. Unlawful possession of firearms and firearm 
11ammunition. 
12 (a) A person commits the offense of unlawful possession of 
13firearms or firearm ammunition when: 
14  (1) He is under 18 years of age and has in his 
15 possession any firearm of a size which may be concealed 
16 upon the person; or 
17  (2) He is under 21 years of age, has been convicted of 
18 a misdemeanor other than a traffic offense or adjudged 
19 delinquent and has any firearms or firearm ammunition in 
20 his possession; or 
21  (3) He is a narcotic addict and has any firearms or 
22 firearm ammunition in his possession; or 
23  (4) He has been a patient in a mental institution 
24 within the past 5 years and has any firearms or firearm 
25 ammunition in his possession. For purposes of this 
 
 
HB4304- 287 -LRB103 35638 RLC 65713 b


1 paragraph (4):
2   "Mental institution" means any hospital, 
3 institution, clinic, evaluation facility, mental 
4 health center, or part thereof, which is used 
5 primarily for the care or treatment of persons with 
6 mental illness.
7   "Patient in a mental institution" means the person 
8 was admitted, either voluntarily or involuntarily, to 
9 a mental institution for mental health treatment, 
10 unless the treatment was voluntary and solely for an 
11 alcohol abuse disorder and no other secondary 
12 substance abuse disorder or mental illness; or 
13  (5) He is a person with an intellectual disability and 
14 has any firearms or firearm ammunition in his possession; 
15 or 
16  (6) He has in his possession any explosive bullet.
17 For purposes of this paragraph "explosive bullet" means 
18the projectile portion of an ammunition cartridge which 
19contains or carries an explosive charge which will explode 
20upon contact with the flesh of a human or an animal. 
21"Cartridge" means a tubular metal case having a projectile 
22affixed at the front thereof and a cap or primer at the rear 
23end thereof, with the propellant contained in such tube 
24between the projectile and the cap.
25 (a-5) A person prohibited from possessing a firearm under 
26this Section may petition the Director of the Illinois State 
 
 
HB4304- 288 -LRB103 35638 RLC 65713 b


1Police for a hearing and relief from the prohibition, unless 
2the prohibition was based upon a forcible felony, stalking, 
3aggravated stalking, domestic battery, any violation of the 
4Illinois Controlled Substances Act, the Methamphetamine 
5Control and Community Protection Act, or the Cannabis Control 
6Act that is classified as a Class 2 or greater felony, any 
7felony violation of Article 24 of the Criminal Code of 1961 or 
8the Criminal Code of 2012, or any adjudication as a delinquent 
9minor for the commission of an offense that if committed by an 
10adult would be a felony, in which case the person may petition 
11the circuit court in writing in the county of his or her 
12residence for a hearing and relief from the prohibition. The 
13Director or court may grant the relief if it is established by 
14the petitioner to the court's or Director's satisfaction that: 
15  (1) when in the circuit court, the State's Attorney 
16 has been served with a written copy of the petition at 
17 least 30 days before any hearing in the circuit court and 
18 at the hearing the State's Attorney was afforded an 
19 opportunity to present evidence and object to the 
20 petition;
21  (2) the petitioner has not been convicted of a 
22 forcible felony under the laws of this State or any other 
23 jurisdiction within 20 years of the filing of the 
24 petition, or at least 20 years have passed since the end of 
25 any period of imprisonment imposed in relation to that 
26 conviction;
 
 
HB4304- 289 -LRB103 35638 RLC 65713 b


1  (3) the circumstances regarding a criminal conviction, 
2 where applicable, the petitioner's criminal history and 
3 his reputation are such that the petitioner will not be 
4 likely to act in a manner dangerous to public safety;
5  (4) granting relief would not be contrary to the 
6 public interest; and
7  (5) granting relief would not be contrary to federal 
8 law. 
9 (b) Sentence.
10 Unlawful possession of firearms, other than handguns, and 
11firearm ammunition is a Class A misdemeanor. Unlawful 
12possession of handguns is a Class 4 felony. The possession of 
13each firearm or firearm ammunition in violation of this 
14Section constitutes a single and separate violation. 
15 (c) Nothing in paragraph (1) of subsection (a) of this 
16Section prohibits a person under 18 years of age from 
17participating in any lawful recreational activity with a 
18firearm such as, but not limited to, practice shooting at 
19targets upon established public or private target ranges or 
20hunting, trapping, or fishing in accordance with the Wildlife 
21Code or the Fish and Aquatic Life Code.
22(Source: P.A. 99-143, eff. 7-27-15.)

23 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
24 Sec. 24-3.2. Unlawful discharge of firearm projectiles. 
25 (a) A person commits the offense of unlawful discharge of 
 
 
HB4304- 290 -LRB103 35638 RLC 65713 b


1firearm projectiles when he or she knowingly or recklessly 
2uses an armor piercing bullet, dragon's breath shotgun shell, 
3bolo shell, or flechette shell in violation of this Section.
4 For purposes of this Section:
5 "Armor piercing bullet" means any handgun bullet or 
6handgun ammunition with projectiles or projectile cores 
7constructed entirely (excluding the presence of traces of 
8other substances) from tungsten alloys, steel, iron, brass, 
9bronze, beryllium copper or depleted uranium, or fully 
10jacketed bullets larger than 22 caliber whose jacket has a 
11weight of more than 25% of the total weight of the projectile, 
12and excluding those handgun projectiles whose cores are 
13composed of soft materials such as lead or lead alloys, zinc or 
14zinc alloys, frangible projectiles designed primarily for 
15sporting purposes, and any other projectiles or projectile 
16cores that the U. S. Secretary of the Treasury finds to be 
17primarily intended to be used for sporting purposes or 
18industrial purposes or that otherwise does not constitute 
19"armor piercing ammunition" as that term is defined by federal 
20law.
21 "Dragon's breath shotgun shell" means any shotgun shell 
22that contains exothermic pyrophoric mesh metal as the 
23projectile and is designed for the purpose of throwing or 
24spewing a flame or fireball to simulate a flame-thrower.
25 "Bolo shell" means any shell that can be fired in a firearm 
26and expels as projectiles 2 or more metal balls connected by 
 
 
HB4304- 291 -LRB103 35638 RLC 65713 b


1solid metal wire.
2 "Flechette shell" means any shell that can be fired in a 
3firearm and expels 2 or more pieces of fin-stabilized solid 
4metal wire or 2 or more solid dart-type projectiles.
5 (b) A person commits a Class X felony when he or she, 
6knowing that a firearm, as defined in Section 1.1 of the 
7Firearm Owners Identification Card Act, is loaded with an 
8armor piercing bullet, dragon's breath shotgun shell, bolo 
9shell, or flechette shell, intentionally or recklessly 
10discharges such firearm and such bullet or shell strikes any 
11other person.
12 (c) Any person who possesses, concealed on or about his or 
13her person, an armor piercing bullet, dragon's breath shotgun 
14shell, bolo shell, or flechette shell and a firearm suitable 
15for the discharge thereof is guilty of a Class 2 felony.
16 (d) This Section does not apply to or affect any of the 
17following: 
18  (1) Peace officers; 
19  (2) Wardens, superintendents and keepers of prisons, 
20 penitentiaries, jails and other institutions for the 
21 detention of persons accused or convicted of an offense; 
22  (3) Members of the Armed Services or Reserve Forces of 
23 the United States or the Illinois National Guard while in 
24 the performance of their official duties; 
25  (4) Federal officials required to carry firearms, 
26 while engaged in the performance of their official duties; 
 
 
HB4304- 292 -LRB103 35638 RLC 65713 b


1  (5) United States Marshals, while engaged in the 
2 performance of their official duties.
3(Source: P.A. 92-423, eff. 1-1-02.)

4 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
5 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee. 
6 (a) It shall be unlawful for any person who holds a license 
7to sell at retail any alcoholic liquor issued by the Illinois 
8Liquor Control Commission or local liquor control commissioner 
9under the Liquor Control Act of 1934 or an agent or employee of 
10the licensee to sell or deliver to any other person a firearm 
11in or on the real property of the establishment where the 
12licensee is licensed to sell alcoholic liquors unless the sale 
13or delivery of the firearm is otherwise lawful under this 
14Article and under the Firearm Owners Identification Card Act.
15 (b) Sentence. A violation of subsection (a) of this 
16Section is a Class 4 felony.
17(Source: P.A. 87-591.)

18 (720 ILCS 5/24-3.5)
19 Sec. 24-3.5. Unlawful purchase of a firearm. 
20 (a) For purposes of this Section, "firearms transaction 
21record form" means a form: 
22  (1) executed by a transferee of a firearm stating: (i) 
23 the transferee's name and address (including county or 
24 similar political subdivision); (ii) whether the 
 
 
HB4304- 293 -LRB103 35638 RLC 65713 b


1 transferee is a citizen of the United States; (iii) the 
2 transferee's State of residence; and (iv) the date and 
3 place of birth, height, weight, and race of the 
4 transferee; and 
5  (2) on which the transferee certifies that he or she 
6 is not prohibited by federal law from transporting or 
7 shipping a firearm in interstate or foreign commerce or 
8 receiving a firearm that has been shipped or transported 
9 in interstate or foreign commerce or possessing a firearm 
10 in or affecting commerce.
11 (b) A person commits the offense of unlawful purchase of a 
12firearm who knowingly purchases or attempts to purchase a 
13firearm with the intent to deliver that firearm to another 
14person who is prohibited by federal or State law from 
15possessing a firearm.
16 (c) A person commits the offense of unlawful purchase of a 
17firearm when he or she, in purchasing or attempting to 
18purchase a firearm, intentionally provides false or misleading 
19information on a United States Department of the Treasury, 
20Bureau of Alcohol, Tobacco and Firearms firearms transaction 
21record form.
22 (d) Exemption. It is not a violation of subsection (b) of 
23this Section for a person to make a gift or loan of a firearm 
24to a person who is not prohibited by federal or State law from 
25possessing a firearm if the transfer of the firearm is made in 
26accordance with Section 3 of the Firearm Owners Identification 
 
 
HB4304- 294 -LRB103 35638 RLC 65713 b


1Card Act.
2 (e) Sentence. 
3  (1) A person who commits the offense of unlawful 
4 purchase of a firearm: 
5   (A) is guilty of a Class 2 felony for purchasing or 
6 attempting to purchase one firearm; 
7   (B) is guilty of a Class 1 felony for purchasing or 
8 attempting to purchase not less than 2 firearms and 
9 not more than 5 firearms at the same time or within a 
10 one year period; 
11   (C) is guilty of a Class X felony for which the 
12 offender shall be sentenced to a term of imprisonment 
13 of not less than 9 years and not more than 40 years for 
14 purchasing or attempting to purchase not less than 6 
15 firearms at the same time or within a 2 year period. 
16  (2) In addition to any other penalty that may be 
17 imposed for a violation of this Section, the court may 
18 sentence a person convicted of a violation of subsection 
19 (c) of this Section to a fine not to exceed $250,000 for 
20 each violation.
21 (f) A prosecution for unlawful purchase of a firearm may 
22be commenced within 6 years after the commission of the 
23offense. 
24(Source: P.A. 95-882, eff. 1-1-09.)

25 (720 ILCS 5/24-3B)
 
 
HB4304- 295 -LRB103 35638 RLC 65713 b


1 Sec. 24-3B. Firearms trafficking.
2 (a) A person commits firearms trafficking when he or she 
3is prohibited under federal or State law from possessing a 
4firearm has not been issued a currently valid Firearm Owner's 
5Identification Card and knowingly:
6  (1) brings, or causes to be brought, into this State, 
7 a firearm or firearm ammunition for the purpose of sale, 
8 delivery, or transfer to any other person or with the 
9 intent to sell, deliver, or transfer the firearm or 
10 firearm ammunition to any other person; or
11  (2) brings, or causes to be brought, into this State, 
12 a firearm and 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 and 
15 firearm ammunition to any other person.
16 (a-5) (Blank). This Section does not apply to: 
17  (1) a person exempt under Section 2 of the Firearm 
18 Owners Identification Card Act from the requirement of 
19 having possession of a Firearm Owner's Identification Card 
20 previously issued in his or her name by the Illinois State 
21 Police in order to acquire or possess a firearm or firearm 
22 ammunition; 
23  (2) a common carrier under subsection (i) of Section 
24 24-2 of this Code; or 
25  (3) a non-resident who may lawfully possess a firearm 
26 in his or her resident state. 
 
 
HB4304- 296 -LRB103 35638 RLC 65713 b


1 (b) Sentence.
2  (1) Firearms trafficking is a Class 1 felony for which 
3 the person, if sentenced to a term of imprisonment, shall 
4 be sentenced to not less than 4 years and not more than 20 
5 years.
6  (2) Firearms trafficking by a person who has been 
7 previously convicted of firearms trafficking, gunrunning, 
8 or a felony offense for the unlawful sale, delivery, or 
9 transfer of a firearm or firearm ammunition in this State 
10 or another jurisdiction is a Class X felony. 
11(Source: P.A. 102-538, eff. 8-20-21.)

12 (720 ILCS 5/24-4.1)
13 Sec. 24-4.1. Report of lost or stolen firearms. 
14 (a) If a person who possesses a valid Firearm Owner's 
15Identification Card and who possesses or acquires a firearm 
16thereafter loses the firearm, or if the firearm is stolen from 
17the person, the person must report the loss or theft to the 
18local law enforcement agency within 72 hours after obtaining 
19knowledge of the loss or theft.
20 (b) A law enforcement agency having jurisdiction shall 
21take a written report and shall, as soon as practical, enter 
22the firearm's serial number as stolen into the Law Enforcement 
23Agencies Data System (LEADS).
24 (c) A person shall not be in violation of this Section if:
25  (1) the failure to report is due to an act of God, act 
 
 
HB4304- 297 -LRB103 35638 RLC 65713 b


1 of war, or inability of a law enforcement agency to 
2 receive the report;
3  (2) the person is hospitalized, in a coma, or is 
4 otherwise seriously physically or mentally impaired as to 
5 prevent the person from reporting; or
6  (3) the person's designee makes a report if the person 
7 is unable to make the report. 
8 (d) Sentence. A person who violates this Section is guilty 
9of a petty offense for a first violation. A second or 
10subsequent violation of this Section is a Class A misdemeanor.
11(Source: P.A. 98-508, eff. 8-19-13.)

12 (720 ILCS 5/24-4.5 new)
13 Sec. 24-4.5. Dial up system.
14 (a) The Illinois State Police shall provide a dial up 
15telephone system or utilize other existing technology which 
16shall be used by any federally licensed firearm dealer, gun 
17show promoter, or gun show vendor who is to transfer a firearm, 
18stun gun, or taser under the provisions of this Code. The 
19Illinois State Police may utilize existing technology which 
20allows the caller to be charged a fee not to exceed $2. Fees 
21collected by the Illinois State Police shall be deposited in 
22the State Police Services Fund and used to provide the 
23service.
24 (b) Upon receiving a request from a federally licensed 
25firearm dealer, gun show promoter, or gun show vendor, the 
 
 
HB4304- 298 -LRB103 35638 RLC 65713 b


1Illinois State Police shall immediately approve, or within the 
2time period established by Section 24-3 of this Code regarding 
3the delivery of firearms, stun guns, and tasers notify the 
4inquiring dealer, gun show promoter, or gun show vendor of any 
5objection that would disqualify the transferee from acquiring 
6or possessing a firearm, stun gun, or taser. In conducting the 
7inquiry, the Illinois State Police shall initiate and complete 
8an automated search of its criminal history record information 
9files and those of the Federal Bureau of Investigation, 
10including the National Instant Criminal Background Check 
11System, and of the files of the Department of Human Services 
12relating to mental health and developmental disabilities to 
13obtain any felony conviction or patient hospitalization 
14information which would disqualify a person from obtaining a 
15firearm.
16 (c) If receipt of a firearm would not violate Section 24-3 
17of this Code or federal law, the Illinois State Police shall: 
18  (1) assign a unique identification number to the 
19 transfer; and
20  (2) provide the licensee, gun show promoter, or gun 
21 show vendor with the number.
22 (d) Approvals issued by the Illinois State Police for the 
23purchase of a firearm are valid for 30 days from the date of 
24issue. 
25 (e)(1) The Illinois State Police must act as the Illinois 
26Point of Contact for the National Instant Criminal Background 
 
 
HB4304- 299 -LRB103 35638 RLC 65713 b


1Check System.
2 (2) The Illinois State Police and the Department of Human 
3Services shall, in accordance with State and federal law 
4regarding confidentiality, enter into a memorandum of 
5understanding with the Federal Bureau of Investigation for the 
6purpose of implementing the National Instant Criminal 
7Background Check System in the State. The Department of State 
8Police shall report the name, date of birth, and physical 
9description of any person prohibited from possessing a firearm 
10under this Code or 18 U.S.C. 922(g) and (n) to the National 
11Instant Criminal Background Check System Index, Denied Persons 
12Files.
13 (f) The Illinois State Police shall adopt rules not 
14inconsistent with this Section to implement this system. 

15 (720 ILCS 5/24-5.1)
16 Sec. 24-5.1. Serialization of unfinished frames or 
17receivers; prohibition on unserialized firearms; exceptions; 
18penalties.
19 (a) In this Section:
20 "Bona fide supplier" means an established business entity 
21engaged in the development and sale of firearms parts to one or 
22more federal firearms manufacturers or federal firearms 
23importers. 
24 "Federal firearms dealer" means a licensed manufacturer 
25pursuant to 18 U.S.C. 921(a)(11).
 
 
HB4304- 300 -LRB103 35638 RLC 65713 b


1 "Federal firearms importer" means a licensed importer 
2pursuant to 18 U.S.C. 921(a)(9).
3 "Federal firearms manufacturer" means a licensed 
4manufacturer pursuant to 18 U.S.C. 921(a)(10).
5 "Frame or receiver" means a part of a firearm that, when 
6the complete weapon is assembled, is visible from the exterior 
7and provides housing or a structure designed to hold or 
8integrate one or more fire control components, even if pins or 
9other attachments are required to connect those components to 
10the housing or structure. For models of firearms in which 
11multiple parts provide such housing or structure, the part or 
12parts that the Director of the federal Bureau of Alcohol, 
13Tobacco, Firearms and Explosives has determined are a frame or 
14receiver constitute the frame or receiver. For purposes of 
15this definition, "fire control component" means a component 
16necessary for the firearm to initiate, complete, or continue 
17the firing sequence, including any of the following: hammer, 
18bolt, bolt carrier, breechblock, cylinder, trigger mechanism, 
19firing pin, striker, or slide rails.
20 "Security exemplar" means an object to be fabricated at 
21the direction of the United States Attorney General that is 
22(1) constructed of 3.7 ounces of material type 17-4 PH 
23stainless steel in a shape resembling a handgun and (2) 
24suitable for testing and calibrating metal detectors. 
25 "Three-dimensional printer" means a computer or 
26computer-drive machine capable of producing a 
 
 
HB4304- 301 -LRB103 35638 RLC 65713 b


1three-dimensional object from a digital model.
2 "Undetectable firearm" means (1) a firearm constructed 
3entirely of non-metal substances; (2) a firearm that, after 
4removal of all parts but the major components of the firearm, 
5is not detectable by walk-through metal detectors calibrated 
6and operated to detect the security exemplar; or (3) a firearm 
7that includes a major component of a firearm, which, if 
8subject to the types of detection devices commonly used at 
9airports for security screening, would not generate an image 
10that accurately depicts the shape of the component. 
11"Undetectable firearm" does not include a firearm subject to 
12the provisions of 18 U.S.C. 922(p)(3) through (6). 
13 "Unfinished frame or receiver" means any forging, casting, 
14printing, extrusion, machined body, or similar article that:
15  (1) has reached a stage in manufacture where it may 
16 readily be completed, assembled, or converted to be a 
17 functional firearm; or
18  (2) is marketed or sold to the public to become or be 
19 used as the frame or receiver of a functional firearm once 
20 completed, assembled, or converted.
21 "Unserialized" means lacking a serial number imprinted by:
22  (1) a federal firearms manufacturer, federal firearms 
23 importer, federal firearms dealer, or other federal 
24 licensee authorized to provide marking services, pursuant 
25 to a requirement under federal law; or
26  (2) a federal firearms dealer or other federal 
 
 
HB4304- 302 -LRB103 35638 RLC 65713 b


1 licensee authorized to provide marking services pursuant 
2 to subsection (f) of this Section. 
3 (b) It is unlawful for any person to knowingly sell, offer 
4to sell, or transfer an unserialized unfinished frame or 
5receiver or unserialized firearm, including those produced 
6using a three-dimensional printer, unless the party purchasing 
7or receiving the unfinished frame or receiver or unserialized 
8firearm is a federal firearms importer, federal firearms 
9manufacturer, or federal firearms dealer.
10 (c) Beginning 180 days after the effective date of this 
11amendatory Act of the 102nd General Assembly, it is unlawful 
12for any person to knowingly possess, transport, or receive an 
13unfinished frame or receiver, unless:
14  (1) the party possessing or receiving the unfinished 
15 frame or receiver is a federal firearms importer or 
16 federal firearms manufacturer;
17  (2) the unfinished frame or receiver is possessed or 
18 transported by a person for transfer to a federal firearms 
19 importer or federal firearms manufacturer; or
20  (3) the unfinished frame or receiver has been 
21 imprinted with a serial number issued by a federal 
22 firearms importer or federal firearms manufacturer in 
23 compliance with subsection (f) of this Section. 
24 (d) Beginning 180 days after the effective date of this 
25amendatory Act of the 102nd General Assembly, unless the party 
26receiving the firearm is a federal firearms importer or 
 
 
HB4304- 303 -LRB103 35638 RLC 65713 b


1federal firearms manufacturer, it is unlawful for any person 
2to knowingly possess, purchase, transport, or receive a 
3firearm that is not imprinted with a serial number by (1) a 
4federal firearms importer or federal firearms manufacturer in 
5compliance with all federal laws and regulations regulating 
6the manufacture and import of firearms or (2) a federal 
7firearms manufacturer, federal firearms dealer, or other 
8federal licensee authorized to provide marking services in 
9compliance with the unserialized firearm serialization process 
10under subsection (f) of this Section. 
11 (e) Any firearm or unfinished frame or receiver 
12manufactured using a three-dimensional printer must also be 
13serialized in accordance with the requirements of subsection 
14(f) within 30 days after the effective date of this amendatory 
15Act of the 102nd General Assembly, or prior to reaching a stage 
16of manufacture where it may be readily completed, assembled, 
17or converted to be a functional firearm.
18 (f) Unserialized unfinished frames or receivers and 
19unserialized firearms serialized pursuant to this Section 
20shall be serialized in compliance with all of the following:
21  (1) An unserialized unfinished frame or receiver and 
22 unserialized firearm shall be serialized by a federally 
23 licensed firearms dealer or other federal licensee 
24 authorized to provide marking services with the licensee's 
25 abbreviated federal firearms license number as a prefix 
26 (which is the first 3 and last 5 digits) followed by a 
 
 
HB4304- 304 -LRB103 35638 RLC 65713 b


1 hyphen, and then followed by a number as a suffix, such as 
2 12345678-(number). The serial number or numbers must be 
3 placed in a manner that accords with the requirements 
4 under federal law for affixing serial numbers to firearms, 
5 including the requirements that the serial number or 
6 numbers be at the minimum size and depth, and not 
7 susceptible to being readily obliterated, altered, or 
8 removed, and the licensee must retain records that accord 
9 with the requirements under federal law in the case of the 
10 sale of a firearm. The imprinting of any serial number 
11 upon a undetectable firearm must be done on a steel plaque 
12 in compliance with 18 U.S.C. 922(p).
13  (2) Every federally licensed firearms dealer or other 
14 federal licensee that engraves, casts, stamps, or 
15 otherwise conspicuously and permanently places a unique 
16 serial number pursuant to this Section shall maintain a 
17 record of such indefinitely. Licensees subject to the 
18 Firearm Dealer License Certification Act shall make all 
19 records accessible for inspection upon the request of the 
20 Illinois State Police or a law enforcement agency in 
21 accordance with Section 5-35 of the Firearm Dealer License 
22 Certification Act.
23  (3) Every federally licensed firearms dealer or other 
24 federal licensee that engraves, casts, stamps, or 
25 otherwise conspicuously and permanently places a unique 
26 serial number pursuant to this Section shall record it at 
 
 
HB4304- 305 -LRB103 35638 RLC 65713 b


1 the time of every transaction involving the transfer of a 
2 firearm, rifle, shotgun, finished frame or receiver, or 
3 unfinished frame or receiver that has been so marked in 
4 compliance with the federal guidelines set forth in 27 CFR 
5 478.124.
6  (4) (Blank). Every federally licensed firearms dealer 
7 or other federal licensee that engraves, casts, stamps, or 
8 otherwise conspicuously and permanently places a unique 
9 serial number pursuant to this Section shall review and 
10 confirm the validity of the owner's Firearm Owner's 
11 Identification Card issued under the Firearm Owners 
12 Identification Card Act prior to returning the firearm to 
13 the owner.
14 (g) Within 30 days after the effective date of this 
15amendatory Act of the 102nd General Assembly, the Director of 
16the Illinois State Police shall issue a public notice 
17regarding the provisions of this Section. The notice shall 
18include posting on the Illinois State Police website and may 
19include written notification or any other means of 
20communication statewide to all Illinois-based federal firearms 
21manufacturers, federal firearms dealers, or other federal 
22licensees authorized to provide marking services in compliance 
23with the serialization process in subsection (f) in order to 
24educate the public.
25 (h) Exceptions. This Section does not apply to an 
26unserialized unfinished frame or receiver or an unserialized 
 
 
HB4304- 306 -LRB103 35638 RLC 65713 b


1firearm that:
2  (1) has been rendered permanently inoperable;
3  (2) is an antique firearm, as defined in 18 U.S.C. 
4 921(a)(16);
5  (3) was manufactured prior to October 22, 1968;
6  (4) is an unfinished frame or receiver and is 
7 possessed by a bona fide supplier exclusively for transfer 
8 to a federal firearms manufacturer or federal firearms 
9 importer, or is possessed by a federal firearms 
10 manufacturer or federal firearms importer in compliance 
11 with all federal laws and regulations regulating the 
12 manufacture and import of firearms; except this exemption 
13 does not apply if an unfinished frame or receiver is 
14 possessed for transfer or is transferred to a person other 
15 than a federal firearms manufacturer or federal firearms 
16 importer; or 
17  (5) is possessed by a person who received the 
18 unserialized unfinished frame or receiver or unserialized 
19 firearm through inheritance, and is not otherwise 
20 prohibited from possessing the unserialized unfinished 
21 frame or receiver or unserialized firearm, for a period 
22 not exceeding 30 days after inheriting the unserialized 
23 unfinished frame or receiver or unserialized firearm. 
24 (i) Penalties.
25  (1) A person who violates subsection (c) or (d) is 
26 guilty of a Class A misdemeanor for a first violation and 
 
 
HB4304- 307 -LRB103 35638 RLC 65713 b


1 is guilty of a Class 3 felony for a second or subsequent 
2 violation.
3  (2) A person who violates subsection (b) is guilty of 
4 a Class 4 felony for a first violation and is guilty of a 
5 Class 2 felony for a second or subsequent violation.
6(Source: P.A. 102-889, eff. 5-18-22.)

7 (720 ILCS 5/24-9)
8 Sec. 24-9. Firearms; Child Protection. 
9 (a) Except as provided in subsection (c), it is unlawful 
10for any person to store or leave, within premises under his or 
11her control, a firearm if the person knows or has reason to 
12believe that a minor under the age of 14 years who does not 
13have a Firearm Owners Identification Card is likely to gain 
14access to the firearm without the lawful permission of the 
15person possessing the firearm, minor's parent, guardian, or 
16person having charge of the minor, and the minor causes death 
17or great bodily harm with the firearm, unless the firearm is: 
18  (1) secured by a device or mechanism, other than the 
19 firearm safety, designed to render a firearm temporarily 
20 inoperable; or 
21  (2) placed in a securely locked box or container; or 
22  (3) placed in some other location that a reasonable 
23 person would believe to be secure from a minor under the 
24 age of 14 years.
25 (b) Sentence. A person who violates this Section is guilty 
 
 
HB4304- 308 -LRB103 35638 RLC 65713 b


1of a Class C misdemeanor and shall be fined not less than 
2$1,000. A second or subsequent violation of this Section is a 
3Class A misdemeanor.
4 (c) Subsection (a) does not apply: 
5  (1) if the minor under 14 years of age gains access to 
6 a firearm and uses it in a lawful act of self-defense or 
7 defense of another; or 
8  (2) to any firearm obtained by a minor under the age of 
9 14 because of an unlawful entry of the premises by the 
10 minor or another person.
11 (d) (Blank). For the purposes of this Section, "firearm" 
12has the meaning ascribed to it in Section 1.1 of the Firearm 
13Owners Identification Card Act.
14(Source: P.A. 91-18, eff. 1-1-00.)

15 Section 80. The Methamphetamine Control and Community 
16Protection Act is amended by changing Section 10 as follows:

17 (720 ILCS 646/10)
18 Sec. 10. Definitions. As used in this Act:
19 "Anhydrous ammonia" has the meaning provided in subsection 
20(d) of Section 3 of the Illinois Fertilizer Act of 1961. 
21 "Anhydrous ammonia equipment" means all items used to 
22store, hold, contain, handle, transfer, transport, or apply 
23anhydrous ammonia for lawful purposes. 
24 "Booby trap" means any device designed to cause physical 
 
 
HB4304- 309 -LRB103 35638 RLC 65713 b


1injury when triggered by an act of a person approaching, 
2entering, or moving through a structure, a vehicle, or any 
3location where methamphetamine has been manufactured, is being 
4manufactured, or is intended to be manufactured. 
5 "Deliver" or "delivery" has the meaning provided in 
6subsection (h) of Section 102 of the Illinois Controlled 
7Substances Act. 
8 "Director" means the Director of the Illinois State Police 
9or the Director's designated agents. 
10 "Dispose" or "disposal" means to abandon, discharge, 
11release, deposit, inject, dump, spill, leak, or place 
12methamphetamine waste onto or into any land, water, or well of 
13any type so that the waste has the potential to enter the 
14environment, be emitted into the air, or be discharged into 
15the soil or any waters, including groundwater. 
16 "Emergency response" means the act of collecting evidence 
17from or securing a methamphetamine laboratory site, 
18methamphetamine waste site or other methamphetamine-related 
19site and cleaning up the site, whether these actions are 
20performed by public entities or private contractors paid by 
21public entities. 
22 "Emergency service provider" means a local, State, or 
23federal peace officer, firefighter, emergency medical 
24technician-ambulance, emergency medical 
25technician-intermediate, emergency medical 
26technician-paramedic, ambulance driver, or other medical or 
 
 
HB4304- 310 -LRB103 35638 RLC 65713 b


1first aid personnel rendering aid, or any agent or designee of 
2the foregoing. 
3 "Finished methamphetamine" means methamphetamine in a form 
4commonly used for personal consumption.
5 "Firearm" has the meaning provided in Section 2-7.5 of the 
6Criminal Code of 2012 1.1 of the Firearm Owners Identification 
7Card Act. 
8 "Manufacture" means to produce, prepare, compound, 
9convert, process, synthesize, concentrate, purify, separate, 
10extract, or package any methamphetamine, methamphetamine 
11precursor, methamphetamine manufacturing catalyst, 
12methamphetamine manufacturing reagent, methamphetamine 
13manufacturing solvent, or any substance containing any of the 
14foregoing. 
15 "Methamphetamine" means the chemical methamphetamine (a 
16Schedule II controlled substance under the Illinois Controlled 
17Substances Act) or any salt, optical isomer, salt of optical 
18isomer, or analog thereof, with the exception of 
193,4-Methylenedioxymethamphetamine (MDMA) or any other 
20scheduled substance with a separate listing under the Illinois 
21Controlled Substances Act.
22 "Methamphetamine manufacturing catalyst" means any 
23substance that has been used, is being used, or is intended to 
24be used to activate, accelerate, extend, or improve a chemical 
25reaction involved in the manufacture of methamphetamine. 
26 "Methamphetamine manufacturing environment" means a 
 
 
HB4304- 311 -LRB103 35638 RLC 65713 b


1structure or vehicle in which: 
2  (1) methamphetamine is being or has been manufactured; 
3  (2) chemicals that are being used, have been used, or 
4 are intended to be used to manufacture methamphetamine are 
5 stored; 
6  (3) methamphetamine manufacturing materials that have 
7 been used to manufacture methamphetamine are stored; or 
8  (4) methamphetamine manufacturing waste is stored. 
9 "Methamphetamine manufacturing material" means any 
10methamphetamine precursor, substance containing any 
11methamphetamine precursor, methamphetamine manufacturing 
12catalyst, substance containing any methamphetamine 
13manufacturing catalyst, methamphetamine manufacturing 
14reagent, substance containing any methamphetamine 
15manufacturing reagent, methamphetamine manufacturing solvent, 
16substance containing any methamphetamine manufacturing 
17solvent, or any other chemical, substance, ingredient, 
18equipment, apparatus, or item that is being used, has been 
19used, or is intended to be used in the manufacture of 
20methamphetamine. 
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 
 
 
HB4304- 312 -LRB103 35638 RLC 65713 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, 
18motel rooms, 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 
 
 
HB4304- 313 -LRB103 35638 RLC 65713 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 
17Act, the Cannabis Control Act, or another Act of this State, 
18another state, or the United States relating to 
19methamphetamine, cannabis, 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 
 
 
HB4304- 314 -LRB103 35638 RLC 65713 b


1ammonia, means any container that is not designed for the 
2specific and sole purpose of holding, storing, transporting, 
3or applying anhydrous ammonia. "Unauthorized container" 
4includes, but is not limited to, any propane tank, fire 
5extinguisher, oxygen cylinder, gasoline can, food or beverage 
6cooler, or compressed gas cylinder used in dispensing fountain 
7drinks. "Unauthorized container" does not encompass anhydrous 
8ammonia manufacturing plants, refrigeration systems where 
9anhydrous ammonia is used solely as a refrigerant, anhydrous 
10ammonia transportation pipelines, anhydrous ammonia tankers, 
11or anhydrous ammonia barges. 
12(Source: P.A. 102-538, eff. 8-20-21.)

13 Section 85. The Code of Criminal Procedure of 1963 is 
14amended by changing Sections 102-7.1, 110-10, 112A-5.5, 
15112A-11.1, 112A-11.2, 112A-14, 112A-14.7, and 112A-17.5 as 
16follows:

17 (725 ILCS 5/102-7.1)
18 Sec. 102-7.1. "Category A offense". "Category A offense" 
19means a Class 1 felony, Class 2 felony, Class X felony, first 
20degree murder, a violation of Section 11-204 of the Illinois 
21Vehicle Code, a second or subsequent violation of Section 
2211-501 of the Illinois Vehicle Code, a violation of subsection 
23(d) of Section 11-501 of the Illinois Vehicle Code, a 
24violation of Section 11-401 of the Illinois Vehicle Code if 
 
 
HB4304- 315 -LRB103 35638 RLC 65713 b


1the crash results in injury and the person failed to report the 
2crash within 30 minutes, a violation of Section 9-3, 9-3.4, 
310-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 
412-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 
512-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 
625-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or 
7subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code 
8of 2012, a violation of paragraph (5) or (6) of subsection (b) 
9of Section 10-9 of the Criminal Code of 2012, a violation of 
10subsection (b) or (c) or paragraph (1) or (2) of subsection (a) 
11of Section 11-1.50 of the Criminal Code of 2012, a violation of 
12Section 12-7 of the Criminal Code of 2012 if the defendant 
13inflicts bodily harm on the victim to obtain a confession, 
14statement, or information, a violation of Section 12-7.5 of 
15the Criminal Code of 2012 if the action results in bodily harm, 
16a violation of paragraph (3) of subsection (b) of Section 17-2 
17of the Criminal Code of 2012, a violation of subdivision 
18(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a 
19violation of paragraph (6) of subsection (a) of Section 24-1 
20of the Criminal Code of 2012, a first violation of Section 
2124-1.6 of the Criminal Code of 2012 by a person 18 years of age 
22or older where the factors listed in both items (A) and (C) or 
23both items (A-5) and (C) of paragraph (3) of subsection (a) of 
24Section 24-1.6 of the Criminal Code of 2012 are present, a 
25Class 3 felony violation of paragraph (1) of subsection (a) of 
26Section 2 of the Firearm Owners Identification Card Act 
 
 
HB4304- 316 -LRB103 35638 RLC 65713 b


1committed before the effective date of this amendatory Act of 
2the 103rd General Assembly, or a violation of Section 10 of the 
3Sex Offender Registration Act. 
4(Source: P.A. 102-982, eff. 7-1-23.)

5 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
6 Sec. 110-10. Conditions of pretrial release. 
7 (a) If a person is released prior to conviction, the 
8conditions of pretrial release shall be that he or she will:
9  (1) Appear to answer the charge in the court having 
10 jurisdiction on a day certain and thereafter as ordered by 
11 the court until discharged or final order of the court;
12  (2) Submit himself or herself to the orders and 
13 process of the court;
14  (3) (Blank);
15  (4) Not violate any criminal statute of any 
16 jurisdiction;
17  (5) At a time and place designated by the court, 
18 surrender all firearms in his or her possession to a law 
19 enforcement officer designated by the court to take 
20 custody of and impound the firearms and physically 
21 surrender his or her Firearm Owner's Identification Card 
22 to the clerk of the circuit court when the offense the 
23 person has been charged with is a forcible felony, 
24 stalking, aggravated stalking, domestic battery, any 
25 violation of the Illinois Controlled Substances Act, the 
 
 
HB4304- 317 -LRB103 35638 RLC 65713 b


1 Methamphetamine Control and Community Protection Act, or 
2 the Cannabis Control Act that is classified as a Class 2 or 
3 greater felony, or any felony violation of Article 24 of 
4 the Criminal Code of 1961 or the Criminal Code of 2012; the 
5 court may, however, forgo the imposition of this condition 
6 when the circumstances of the case clearly do not warrant 
7 it or when its imposition would be impractical; if the 
8 Firearm Owner's Identification Card is confiscated, the 
9 clerk of the circuit court shall mail the confiscated card 
10 to the Illinois State Police; all legally possessed 
11 firearms shall be returned to the person upon the charges 
12 being dismissed, or if the person is found not guilty, 
13 unless the finding of not guilty is by reason of insanity; 
14 and
15  (6) At a time and place designated by the court, 
16 submit to a psychological evaluation when the person has 
17 been charged with a violation of item (4) of subsection 
18 (a) of Section 24-1 of the Criminal Code of 1961 or the 
19 Criminal Code of 2012 and that violation occurred in a 
20 school or in any conveyance owned, leased, or contracted 
21 by a school to transport students to or from school or a 
22 school-related activity, or on any public way within 1,000 
23 feet of real property comprising any school.
24 Psychological evaluations ordered pursuant to this Section 
25shall be completed promptly and made available to the State, 
26the defendant, and the court. As a further condition of 
 
 
HB4304- 318 -LRB103 35638 RLC 65713 b


1pretrial release under these circumstances, the court shall 
2order the defendant to refrain from entering upon the property 
3of the school, including any conveyance owned, leased, or 
4contracted by a school to transport students to or from school 
5or a school-related activity, or on any public way within 
61,000 feet of real property comprising any school. Upon 
7receipt of the psychological evaluation, either the State or 
8the defendant may request a change in the conditions of 
9pretrial release, pursuant to Section 110-6 of this Code. The 
10court may change the conditions of pretrial release to include 
11a requirement that the defendant follow the recommendations of 
12the psychological evaluation, including undergoing psychiatric 
13treatment. The conclusions of the psychological evaluation and 
14any statements elicited from the defendant during its 
15administration are not admissible as evidence of guilt during 
16the course of any trial on the charged offense, unless the 
17defendant places his or her mental competency in issue.
18 (b) Additional conditions of release shall be set only 
19when it is determined that they are necessary to ensure the 
20defendant's appearance in court, ensure the defendant does not 
21commit any criminal offense, ensure the defendant complies 
22with all conditions of pretrial release, prevent the 
23defendant's unlawful interference with the orderly 
24administration of justice, or ensure compliance with the rules 
25and procedures of problem solving courts. However, conditions 
26shall include the least restrictive means and be 
 
 
HB4304- 319 -LRB103 35638 RLC 65713 b


1individualized. Conditions shall not mandate rehabilitative 
2services unless directly tied to the risk of pretrial 
3misconduct. Conditions of supervision shall not include 
4punitive measures such as community service work or 
5restitution. Conditions may include the following:
6  (0.05) Not depart this State without leave of the 
7 court; 
8  (1) Report to or appear in person before such person 
9 or agency as the court may direct;
10  (2) Refrain from possessing a firearm or other 
11 dangerous weapon;
12  (3) Refrain from approaching or communicating with 
13 particular persons or classes of persons;
14  (4) Refrain from going to certain described geographic 
15 areas or premises;
16  (5) Be placed under direct supervision of the Pretrial 
17 Services Agency, Probation Department or Court Services 
18 Department in a pretrial home supervision capacity with or 
19 without the use of an approved electronic monitoring 
20 device subject to Article 8A of Chapter V of the Unified 
21 Code of Corrections;
22  (6) For persons charged with violating Section 11-501 
23 of the Illinois Vehicle Code, refrain from operating a 
24 motor vehicle not equipped with an ignition interlock 
25 device, as defined in Section 1-129.1 of the Illinois 
26 Vehicle Code, pursuant to the rules promulgated by the 
 
 
HB4304- 320 -LRB103 35638 RLC 65713 b


1 Secretary of State for the installation of ignition 
2 interlock devices. Under this condition the court may 
3 allow a defendant who is not self-employed to operate a 
4 vehicle owned by the defendant's employer that is not 
5 equipped with an ignition interlock device in the course 
6 and scope of the defendant's employment;
7  (7) Comply with the terms and conditions of an order 
8 of protection issued by the court under the Illinois 
9 Domestic Violence Act of 1986 or an order of protection 
10 issued by the court of another state, tribe, or United 
11 States territory;
12  (8) Sign a written admonishment requiring that he or 
13 she comply with the provisions of Section 110-12 regarding 
14 any change in his or her address. The defendant's address 
15 shall at all times remain a matter of record with the clerk 
16 of the court; and
17  (9) Such other reasonable conditions as the court may 
18 impose, so long as these conditions are the least 
19 restrictive means to achieve the goals listed in 
20 subsection (b), are individualized, and are in accordance 
21 with national best practices as detailed in the Pretrial 
22 Supervision Standards of the Supreme Court.
23 The defendant shall receive verbal and written 
24notification of conditions of pretrial release and future 
25court dates, including the date, time, and location of court. 
26 (c) When a person is charged with an offense under Section 
 
 
HB4304- 321 -LRB103 35638 RLC 65713 b


111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 
212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the 
3Criminal Code of 2012, involving a victim who is a minor under 
418 years of age living in the same household with the defendant 
5at the time of the offense, in releasing the defendant, the 
6judge shall impose conditions to restrict the defendant's 
7access to the victim which may include, but are not limited to 
8conditions that he will:
9  1. Vacate the household.
10  2. Make payment of temporary support to his 
11 dependents.
12  3. Refrain from contact or communication with the 
13 child victim, except as ordered by the court.
14 (d) When a person is charged with a criminal offense and 
15the victim is a family or household member as defined in 
16Article 112A, conditions shall be imposed at the time of the 
17defendant's release that restrict the defendant's access to 
18the victim. Unless provided otherwise by the court, the 
19restrictions shall include requirements that the defendant do 
20the following:
21  (1) refrain from contact or communication with the 
22 victim for a minimum period of 72 hours following the 
23 defendant's release; and
24  (2) refrain from entering or remaining at the victim's 
25 residence for a minimum period of 72 hours following the 
26 defendant's release.
 
 
HB4304- 322 -LRB103 35638 RLC 65713 b


1 (e) Local law enforcement agencies shall develop 
2standardized pretrial release forms for use in cases involving 
3family or household members as defined in Article 112A, 
4including specific conditions of pretrial release as provided 
5in subsection (d). Failure of any law enforcement department 
6to develop or use those forms shall in no way limit the 
7applicability and enforcement of subsections (d) and (f).
8 (f) If the defendant is released after conviction 
9following appeal or other post-conviction proceeding, the 
10conditions of the pretrial release shall be that he will, in 
11addition to the conditions set forth in subsections (a) and 
12(b) hereof:
13  (1) Duly prosecute his appeal;
14  (2) Appear at such time and place as the court may 
15 direct;
16  (3) Not depart this State without leave of the court;
17  (4) Comply with such other reasonable conditions as 
18 the court may impose; and
19  (5) If the judgment is affirmed or the cause reversed 
20 and remanded for a new trial, forthwith surrender to the 
21 officer from whose custody he was released.
22 (g) Upon a finding of guilty for any felony offense, the 
23defendant shall physically surrender, at a time and place 
24designated by the court, any and all firearms in his or her 
25possession and his or her Firearm Owner's Identification Card 
26as a condition of being released pending sentencing.
 
 
HB4304- 323 -LRB103 35638 RLC 65713 b


1(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23; 
2102-1104, eff. 1-1-23.)

3 (725 ILCS 5/112A-5.5)
4 Sec. 112A-5.5. Time for filing petition; service on 
5respondent, hearing on petition, and default orders. 
6 (a) A petition for a protective order may be filed at any 
7time, in person or online, after a criminal charge or 
8delinquency petition is filed and before the charge or 
9delinquency petition is dismissed, the defendant or juvenile 
10is acquitted, or the defendant or juvenile completes service 
11of his or her sentence.
12 (b) The request for an ex parte protective order may be 
13considered without notice to the respondent under Section 
14112A-17.5 of this Code.
15 (c) A summons shall be issued and served for a protective 
16order. The summons may be served by delivery to the respondent 
17personally in open court in the criminal or juvenile 
18delinquency proceeding, in the form prescribed by subsection 
19(d) of Supreme Court Rule 101, except that it shall require the 
20respondent to answer or appear within 7 days. Attachments to 
21the summons shall include the petition for protective order, 
22supporting affidavits, if any, and any ex parte protective 
23order that has been issued.
24 (d) The summons shall be served by the sheriff or other law 
25enforcement officer at the earliest time available and shall 
 
 
HB4304- 324 -LRB103 35638 RLC 65713 b


1take precedence over any other summons, except those of a 
2similar emergency nature. Attachments to the summons shall 
3include the petition for protective order, supporting 
4affidavits, if any, and any ex parte protective order that has 
5been issued. Special process servers may be appointed at any 
6time and their designation shall not affect the 
7responsibilities and authority of the sheriff or other 
8official process servers. In a county with a population over 
93,000,000, a special process server may not be appointed if 
10the protective order grants the surrender of a child, the 
11surrender of a firearm or Firearm Owner's Identification Card, 
12or the exclusive possession of a shared residence.
13 (e) If the respondent is not served within 30 days of the 
14filing of the petition, the court shall schedule a court 
15proceeding on the issue of service. Either the petitioner, the 
16petitioner's counsel, or the State's Attorney shall appear and 
17the court shall either order continued attempts at personal 
18service or shall order service by publication, in accordance 
19with Sections 2-203, 2-206, and 2-207 of the Code of Civil 
20Procedure.
21 (f) The request for a final protective order can be 
22considered at any court proceeding in the delinquency or 
23criminal case after service of the petition. If the petitioner 
24has not been provided notice of the court proceeding at least 
2510 days in advance of the proceeding, the court shall schedule 
26a hearing on the petition and provide notice to the 
 
 
HB4304- 325 -LRB103 35638 RLC 65713 b


1petitioner.
2 (f-5) A court in a county with a population above 250,000 
3shall offer the option of a remote hearing to a petitioner for 
4a protective order. The court has the discretion to grant or 
5deny the request for a remote hearing. Each court shall 
6determine the procedure for a remote hearing. The petitioner 
7and respondent may appear remotely or in person.
8 The court shall issue and publish a court order, standing 
9order, or local rule detailing information about the process 
10for requesting and participating in a remote court appearance. 
11The court order, standing order, or local rule shall be 
12published on the court's website and posted on signs 
13throughout the courthouse, including in the clerk's office. 
14The sign shall be written in plain language and include 
15information about the availability of remote court appearances 
16and the process for requesting a remote hearing. 
17 (g) Default orders.
18  (1) A final domestic violence order of protection may 
19 be entered by default:
20   (A) for any of the remedies sought in the 
21 petition, if the respondent has been served with 
22 documents under subsection (b) or (c) of this Section 
23 and if the respondent fails to appear on the specified 
24 return date or any subsequent hearing date agreed to 
25 by the petitioner and respondent or set by the court; 
26 or
 
 
HB4304- 326 -LRB103 35638 RLC 65713 b


1   (B) for any of the remedies provided under 
2 paragraph (1), (2), (3), (5), (6), (7), (8), (9), 
3 (10), (11), (14), (15), (17), or (18) of subsection 
4 (b) of Section 112A-14 of this Code, or if the 
5 respondent fails to answer or appear in accordance 
6 with the date set in the publication notice or the 
7 return date indicated on the service of a household 
8 member.
9  (2) A final civil no contact order may be entered by 
10 default for any of the remedies provided in Section 
11 112A-14.5 of this Code, if the respondent has been served 
12 with documents under subsection (b) or (c) of this 
13 Section, and if the respondent fails to answer or appear 
14 in accordance with the date set in the publication notice 
15 or the return date indicated on the service of a household 
16 member.
17  (3) A final stalking no contact order may be entered 
18 by default for any of the remedies provided by Section 
19 112A-14.7 of this Code, if the respondent has been served 
20 with documents under subsection (b) or (c) of this Section 
21 and if the respondent fails to answer or appear in 
22 accordance with the date set in the publication notice or 
23 the return date indicated on the service of a household 
24 member. 
25(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)

 
 
HB4304- 327 -LRB103 35638 RLC 65713 b


1 (725 ILCS 5/112A-11.1)
2 Sec. 112A-11.1. Procedure for determining whether certain 
3misdemeanor crimes are crimes of domestic violence for 
4purposes of federal law.
5 (a) When a defendant has been charged with a violation of 
6Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the 
7Criminal Code of 1961 or the Criminal Code of 2012, the State 
8may, at arraignment or no later than 45 days after 
9arraignment, for the purpose of notification to the Illinois 
10State Police Firearm Owner's Identification Card Office, serve 
11on the defendant and file with the court a notice alleging that 
12conviction of the offense would subject the defendant to the 
13prohibitions of 18 U.S.C. 922(g)(9) because of the 
14relationship between the defendant and the alleged victim and 
15the nature of the alleged offense.
16 (b) The notice shall include the name of the person 
17alleged to be the victim of the crime and shall specify the 
18nature of the alleged relationship as set forth in 18 U.S.C. 
19921(a)(33)(A)(ii). It shall also specify the element of the 
20charged offense which requires the use or attempted use of 
21physical force, or the threatened use of a deadly weapon, as 
22set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include 
23notice that the defendant is entitled to a hearing on the 
24allegation contained in the notice and that if the allegation 
25is sustained, that determination and conviction shall be 
26reported to the Illinois State Police Firearm Owner's 
 
 
HB4304- 328 -LRB103 35638 RLC 65713 b


1Identification Card Office.
2 (c) After having been notified as provided in subsection 
3(b) of this Section, the defendant may stipulate or admit, 
4orally on the record or in writing, that conviction of the 
5offense would subject the defendant to the prohibitions of 18 
6U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. 
7922(g)(9) shall be deemed established for purposes of Section 
8112A-11.2. If the defendant denies the applicability of 18 
9U.S.C. 922(g)(9) as alleged in the notice served by the State, 
10or stands mute with respect to that allegation, then the State 
11shall bear the burden to prove beyond a reasonable doubt that 
12the offense is one to which the prohibitions of 18 U.S.C. 
13922(g)(9) apply. The court may consider reliable hearsay 
14evidence submitted by either party provided that it is 
15relevant to the determination of the allegation. Facts 
16previously proven at trial or elicited at the time of entry of 
17a plea of guilty shall be deemed established beyond a 
18reasonable doubt and shall not be relitigated. At the 
19conclusion of the hearing, or upon a stipulation or admission, 
20as applicable, the court shall make a specific written 
21determination with respect to the allegation.
22(Source: P.A. 102-538, eff. 8-20-21.)

23 (725 ILCS 5/112A-11.2)
24 Sec. 112A-11.2. Notification to the Illinois State Police 
25Firearm Owner's Identification Card Office of determinations 
 
 
HB4304- 329 -LRB103 35638 RLC 65713 b


1in certain misdemeanor cases. Upon judgment of conviction of a 
2violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
312-3.5 of the Criminal Code of 1961 or the Criminal Code of 
42012 when the defendant has been determined, under Section 
5112A-11.1, to be subject to the prohibitions of 18 U.S.C. 
6922(g)(9), the circuit court clerk shall include notification 
7and a copy of the written determination in a report of the 
8conviction to the Illinois State Police Firearm Owner's 
9Identification Card Office to enable the office to report that 
10determination to the Federal Bureau of Investigation and 
11assist the Bureau in identifying persons prohibited from 
12purchasing and possessing a firearm pursuant to the provisions 
13of 18 U.S.C. 922.
14(Source: P.A. 102-538, eff. 8-20-21.)

15 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
16 Sec. 112A-14. Domestic violence order of protection; 
17remedies. 
18 (a) (Blank).
19 (b) The court may order any of the remedies listed in this 
20subsection (b). The remedies listed in this subsection (b) 
21shall be in addition to other civil or criminal remedies 
22available to petitioner.
23  (1) Prohibition of abuse. Prohibit respondent's 
24 harassment, interference with personal liberty, 
25 intimidation of a dependent, physical abuse, or willful 
 
 
HB4304- 330 -LRB103 35638 RLC 65713 b


1 deprivation, as defined in this Article, if such abuse has 
2 occurred or otherwise appears likely to occur if not 
3 prohibited.
4  (2) Grant of exclusive possession of residence. 
5 Prohibit respondent from entering or remaining in any 
6 residence, household, or premises of the petitioner, 
7 including one owned or leased by respondent, if petitioner 
8 has a right to occupancy thereof. The grant of exclusive 
9 possession of the residence, household, or premises shall 
10 not affect title to real property, nor shall the court be 
11 limited by the standard set forth in subsection (c-2) of 
12 Section 501 of the Illinois Marriage and Dissolution of 
13 Marriage Act.
14   (A) Right to occupancy. A party has a right to 
15 occupancy of a residence or household if it is solely 
16 or jointly owned or leased by that party, that party's 
17 spouse, a person with a legal duty to support that 
18 party or a minor child in that party's care, or by any 
19 person or entity other than the opposing party that 
20 authorizes that party's occupancy (e.g., a domestic 
21 violence shelter). Standards set forth in subparagraph 
22 (B) shall not preclude equitable relief.
23   (B) Presumption of hardships. If petitioner and 
24 respondent each has the right to occupancy of a 
25 residence or household, the court shall balance (i) 
26 the hardships to respondent and any minor child or 
 
 
HB4304- 331 -LRB103 35638 RLC 65713 b


1 dependent adult in respondent's care resulting from 
2 entry of this remedy with (ii) the hardships to 
3 petitioner and any minor child or dependent adult in 
4 petitioner's care resulting from continued exposure to 
5 the risk of abuse (should petitioner remain at the 
6 residence or household) or from loss of possession of 
7 the residence or household (should petitioner leave to 
8 avoid the risk of abuse). When determining the balance 
9 of hardships, the court shall also take into account 
10 the accessibility of the residence or household. 
11 Hardships need not be balanced if respondent does not 
12 have a right to occupancy.
13   The balance of hardships is presumed to favor 
14 possession by petitioner unless the presumption is 
15 rebutted by a preponderance of the evidence, showing 
16 that the hardships to respondent substantially 
17 outweigh the hardships to petitioner and any minor 
18 child or dependent adult in petitioner's care. The 
19 court, on the request of petitioner or on its own 
20 motion, may order respondent to provide suitable, 
21 accessible, alternate housing for petitioner instead 
22 of excluding respondent from a mutual residence or 
23 household.
24  (3) Stay away order and additional prohibitions. Order 
25 respondent to stay away from petitioner or any other 
26 person protected by the domestic violence order of 
 
 
HB4304- 332 -LRB103 35638 RLC 65713 b


1 protection, or prohibit respondent from entering or 
2 remaining present at petitioner's school, place of 
3 employment, or other specified places at times when 
4 petitioner is present, or both, if reasonable, given the 
5 balance of hardships. Hardships need not be balanced for 
6 the court to enter a stay away order or prohibit entry if 
7 respondent has no right to enter the premises.
8   (A) If a domestic violence order of protection 
9 grants petitioner exclusive possession of the 
10 residence, prohibits respondent from entering the 
11 residence, or orders respondent to stay away from 
12 petitioner or other protected persons, then the court 
13 may allow respondent access to the residence to remove 
14 items of clothing and personal adornment used 
15 exclusively by respondent, medications, and other 
16 items as the court directs. The right to access shall 
17 be exercised on only one occasion as the court directs 
18 and in the presence of an agreed-upon adult third 
19 party or law enforcement officer.
20   (B) When the petitioner and the respondent attend 
21 the same public, private, or non-public elementary, 
22 middle, or high school, the court when issuing a 
23 domestic violence order of protection and providing 
24 relief shall consider the severity of the act, any 
25 continuing physical danger or emotional distress to 
26 the petitioner, the educational rights guaranteed to 
 
 
HB4304- 333 -LRB103 35638 RLC 65713 b


1 the petitioner and respondent under federal and State 
2 law, the availability of a transfer of the respondent 
3 to another school, a change of placement or a change of 
4 program of the respondent, the expense, difficulty, 
5 and educational disruption that would be caused by a 
6 transfer of the respondent to another school, and any 
7 other relevant facts of the case. The court may order 
8 that the respondent not attend the public, private, or 
9 non-public elementary, middle, or high school attended 
10 by the petitioner, order that the respondent accept a 
11 change of placement or change of program, as 
12 determined by the school district or private or 
13 non-public school, or place restrictions on the 
14 respondent's movements within the school attended by 
15 the petitioner. The respondent bears the burden of 
16 proving by a preponderance of the evidence that a 
17 transfer, change of placement, or change of program of 
18 the respondent is not available. The respondent also 
19 bears the burden of production with respect to the 
20 expense, difficulty, and educational disruption that 
21 would be caused by a transfer of the respondent to 
22 another school. A transfer, change of placement, or 
23 change of program is not unavailable to the respondent 
24 solely on the ground that the respondent does not 
25 agree with the school district's or private or 
26 non-public school's transfer, change of placement, or 
 
 
HB4304- 334 -LRB103 35638 RLC 65713 b


1 change of program or solely on the ground that the 
2 respondent fails or refuses to consent or otherwise 
3 does not take an action required to effectuate a 
4 transfer, change of placement, or change of program. 
5 When a court orders a respondent to stay away from the 
6 public, private, or non-public school attended by the 
7 petitioner and the respondent requests a transfer to 
8 another attendance center within the respondent's 
9 school district or private or non-public school, the 
10 school district or private or non-public school shall 
11 have sole discretion to determine the attendance 
12 center to which the respondent is transferred. If the 
13 court order results in a transfer of the minor 
14 respondent to another attendance center, a change in 
15 the respondent's placement, or a change of the 
16 respondent's program, the parents, guardian, or legal 
17 custodian of the respondent is responsible for 
18 transportation and other costs associated with the 
19 transfer or change.
20   (C) The court may order the parents, guardian, or 
21 legal custodian of a minor respondent to take certain 
22 actions or to refrain from taking certain actions to 
23 ensure that the respondent complies with the order. If 
24 the court orders a transfer of the respondent to 
25 another school, the parents, guardian, or legal 
26 custodian of the respondent is responsible for 
 
 
HB4304- 335 -LRB103 35638 RLC 65713 b


1 transportation and other costs associated with the 
2 change of school by the respondent. 
3  (4) Counseling. Require or recommend the respondent to 
4 undergo counseling for a specified duration with a social 
5 worker, psychologist, clinical psychologist, 
6 psychiatrist, family service agency, alcohol or substance 
7 abuse program, mental health center guidance counselor, 
8 agency providing services to elders, program designed for 
9 domestic violence abusers, or any other guidance service 
10 the court deems appropriate. The court may order the 
11 respondent in any intimate partner relationship to report 
12 to an Illinois Department of Human Services protocol 
13 approved partner abuse intervention program for an 
14 assessment and to follow all recommended treatment. 
15  (5) Physical care and possession of the minor child. 
16 In order to protect the minor child from abuse, neglect, 
17 or unwarranted separation from the person who has been the 
18 minor child's primary caretaker, or to otherwise protect 
19 the well-being of the minor child, the court may do either 
20 or both of the following: (i) grant petitioner physical 
21 care or possession of the minor child, or both, or (ii) 
22 order respondent to return a minor child to, or not remove 
23 a minor child from, the physical care of a parent or person 
24 in loco parentis.
25  If the respondent is charged with abuse (as defined in 
26 Section 112A-3 of this Code) of a minor child, there shall 
 
 
HB4304- 336 -LRB103 35638 RLC 65713 b


1 be a rebuttable presumption that awarding physical care to 
2 respondent would not be in the minor child's best 
3 interest.
4  (6) Temporary allocation of parental responsibilities 
5 and significant decision-making responsibilities. Award 
6 temporary significant decision-making responsibility to 
7 petitioner in accordance with this Section, the Illinois 
8 Marriage and Dissolution of Marriage Act, the Illinois 
9 Parentage Act of 2015, and this State's Uniform 
10 Child-Custody Jurisdiction and Enforcement Act. 
11  If the respondent is charged with abuse (as defined in 
12 Section 112A-3 of this Code) of a minor child, there shall 
13 be a rebuttable presumption that awarding temporary 
14 significant decision-making responsibility to respondent 
15 would not be in the child's best interest.
16  (7) Parenting time. Determine the parenting time, if 
17 any, of respondent in any case in which the court awards 
18 physical care or temporary significant decision-making 
19 responsibility of a minor child to petitioner. The court 
20 shall restrict or deny respondent's parenting time with a 
21 minor child if the court finds that respondent has done or 
22 is likely to do any of the following:
23   (i) abuse or endanger the minor child during 
24 parenting time;
25   (ii) use the parenting time as an opportunity to 
26 abuse or harass petitioner or petitioner's family or 
 
 
HB4304- 337 -LRB103 35638 RLC 65713 b


1 household members;
2   (iii) improperly conceal or detain the minor 
3 child; or
4   (iv) otherwise act in a manner that is not in the 
5 best interests of the minor child. 
6  The court shall not be limited by the standards set 
7 forth in Section 603.10 of the Illinois Marriage and 
8 Dissolution of Marriage Act. If the court grants parenting 
9 time, the order shall specify dates and times for the 
10 parenting time to take place or other specific parameters 
11 or conditions that are appropriate. No order for parenting 
12 time shall refer merely to the term "reasonable parenting 
13 time". Petitioner may deny respondent access to the minor 
14 child if, when respondent arrives for parenting time, 
15 respondent is under the influence of drugs or alcohol and 
16 constitutes a threat to the safety and well-being of 
17 petitioner or petitioner's minor children or is behaving 
18 in a violent or abusive manner. If necessary to protect 
19 any member of petitioner's family or household from future 
20 abuse, respondent shall be prohibited from coming to 
21 petitioner's residence to meet the minor child for 
22 parenting time, and the petitioner and respondent shall 
23 submit to the court their recommendations for reasonable 
24 alternative arrangements for parenting time. A person may 
25 be approved to supervise parenting time only after filing 
26 an affidavit accepting that responsibility and 
 
 
HB4304- 338 -LRB103 35638 RLC 65713 b


1 acknowledging accountability to the court.
2  (8) Removal or concealment of minor child. Prohibit 
3 respondent from removing a minor child from the State or 
4 concealing the child within the State.
5  (9) Order to appear. Order the respondent to appear in 
6 court, alone or with a minor child, to prevent abuse, 
7 neglect, removal or concealment of the child, to return 
8 the child to the custody or care of the petitioner, or to 
9 permit any court-ordered interview or examination of the 
10 child or the respondent.
11  (10) Possession of personal property. Grant petitioner 
12 exclusive possession of personal property and, if 
13 respondent has possession or control, direct respondent to 
14 promptly make it available to petitioner, if:
15   (i) petitioner, but not respondent, owns the 
16 property; or
17   (ii) the petitioner and respondent own the 
18 property jointly; sharing it would risk abuse of 
19 petitioner by respondent or is impracticable; and the 
20 balance of hardships favors temporary possession by 
21 petitioner.
22  If petitioner's sole claim to ownership of the 
23 property is that it is marital property, the court may 
24 award 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 
 
 
HB4304- 339 -LRB103 35638 RLC 65713 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, 
9 if:
10   (i) petitioner, but not respondent, owns the 
11 property; or
12   (ii) the petitioner and respondent own the 
13 property jointly, and the balance of hardships favors 
14 granting this remedy.
15  If petitioner's sole claim to ownership of the 
16 property is that it is marital property, the court may 
17 grant petitioner relief under subparagraph (ii) of this 
18 paragraph only if a proper proceeding has been filed under 
19 the Illinois Marriage and Dissolution of Marriage Act, as 
20 now or hereafter amended.
21  The court may further prohibit respondent from 
22 improperly using the financial or other resources of an 
23 aged member of the family or household for the profit or 
24 advantage of respondent or of any other person.
25  (11.5) Protection of animals. Grant the petitioner the 
26 exclusive care, custody, or control of any animal owned, 
 
 
HB4304- 340 -LRB103 35638 RLC 65713 b


1 possessed, leased, kept, or held by either the petitioner 
2 or the respondent or a minor child residing in the 
3 residence or household of either the petitioner or the 
4 respondent and order the respondent to stay away from the 
5 animal and forbid the respondent from taking, 
6 transferring, encumbering, concealing, harming, or 
7 otherwise disposing of the animal. 
8  (12) Order for payment of support. Order respondent to 
9 pay temporary support for the petitioner or any child in 
10 the petitioner's care or over whom the petitioner has been 
11 allocated parental responsibility, when the respondent has 
12 a legal obligation to support that person, in accordance 
13 with the Illinois Marriage and Dissolution of Marriage 
14 Act, which shall govern, among other matters, the amount 
15 of support, payment through the clerk and withholding of 
16 income to secure payment. An order for child support may 
17 be granted to a petitioner with lawful physical care of a 
18 child, or an order or agreement for physical care of a 
19 child, prior to entry of an order allocating significant 
20 decision-making responsibility. Such a support order shall 
21 expire upon entry of a valid order allocating parental 
22 responsibility differently and vacating petitioner's 
23 significant decision-making responsibility unless 
24 otherwise provided in the order.
25  (13) Order for payment of losses. Order respondent to 
26 pay petitioner for losses suffered as a direct result of 
 
 
HB4304- 341 -LRB103 35638 RLC 65713 b


1 the abuse. Such losses shall include, but not be limited 
2 to, medical expenses, lost earnings or other support, 
3 repair or replacement of property damaged or taken, 
4 reasonable attorney's fees, court costs, and moving or 
5 other travel expenses, including additional reasonable 
6 expenses for temporary shelter and restaurant meals.
7   (i) Losses affecting family needs. If a party is 
8 entitled to seek maintenance, child support, or 
9 property distribution from the other party under the 
10 Illinois Marriage and Dissolution of Marriage Act, as 
11 now or hereafter amended, the court may order 
12 respondent to reimburse petitioner's actual losses, to 
13 the extent that such reimbursement would be 
14 "appropriate temporary relief", as authorized by 
15 subsection (a)(3) of Section 501 of that Act.
16   (ii) Recovery of expenses. In the case of an 
17 improper concealment or removal of a minor child, the 
18 court may order respondent to pay the reasonable 
19 expenses incurred or to be incurred in the search for 
20 and recovery of the minor child, including, but not 
21 limited to, legal fees, court costs, private 
22 investigator fees, and travel costs.
23  (14) Prohibition of entry. Prohibit the respondent 
24 from entering or remaining in the residence or household 
25 while the respondent is under the influence of alcohol or 
26 drugs and constitutes a threat to the safety and 
 
 
HB4304- 342 -LRB103 35638 RLC 65713 b


1 well-being of the petitioner or the petitioner's children.
2  (14.5) Prohibition of firearm possession. 
3   (A) A person who is subject to an existing 
4 domestic violence order of protection issued under 
5 this Code may not lawfully possess firearms, stun 
6 guns, or tasers weapons or a Firearm Owner's 
7 Identification Card under Section 8.2 of the Firearm 
8 Owners Identification Card Act.
9   (B) Any firearms in the possession of the 
10 respondent, except as provided in subparagraph (C) of 
11 this paragraph (14.5), shall be ordered by the court 
12 to be turned over to a person who is not prohibited 
13 under State or federal law from possessing firearms 
14 with a valid Firearm Owner's Identification Card for 
15 safekeeping. The court shall issue an order that the 
16 respondent comply with Section 9.5 of the Firearm 
17 Owners Identification Card Act. 
18   (C) If the respondent is a peace officer as 
19 defined in Section 2-13 of the Criminal Code of 2012, 
20 the court shall order that any firearms used by the 
21 respondent in the performance of his or her duties as a 
22 peace officer be surrendered to the chief law 
23 enforcement executive of the agency in which the 
24 respondent is employed, who shall retain the firearms 
25 for safekeeping for the duration of the domestic 
26 violence order of protection.
 
 
HB4304- 343 -LRB103 35638 RLC 65713 b


1   (D) Upon expiration of the period of safekeeping, 
2 if the firearms or Firearm Owner's Identification Card 
3 cannot be returned to respondent because respondent 
4 cannot be located, fails to respond to requests to 
5 retrieve the firearms, or is not lawfully eligible to 
6 possess a firearm, upon petition from the local law 
7 enforcement agency, the court may order the local law 
8 enforcement agency to destroy the firearms, use the 
9 firearms for training purposes, or for any other 
10 application as deemed appropriate by the local law 
11 enforcement agency; or that the firearms be turned 
12 over to a third party who is lawfully eligible to 
13 possess firearms, and who does not reside with 
14 respondent. 
15  (15) Prohibition of access to records. If a domestic 
16 violence order of protection prohibits respondent from 
17 having contact with the minor child, or if petitioner's 
18 address is omitted under subsection (b) of Section 112A-5 
19 of this Code, or if necessary to prevent abuse or wrongful 
20 removal or concealment of a minor child, the order shall 
21 deny respondent access to, and prohibit respondent from 
22 inspecting, obtaining, or attempting to inspect or obtain, 
23 school or any other records of the minor child who is in 
24 the care of petitioner.
25  (16) Order for payment of shelter services. Order 
26 respondent to reimburse a shelter providing temporary 
 
 
HB4304- 344 -LRB103 35638 RLC 65713 b


1 housing and counseling services to the petitioner for the 
2 cost of the services, as certified by the shelter and 
3 deemed reasonable by the court.
4  (17) Order for injunctive relief. Enter injunctive 
5 relief necessary or appropriate to prevent further abuse 
6 of a family or household member or to effectuate one of the 
7 granted remedies, if supported by the balance of 
8 hardships. If the harm to be prevented by the injunction 
9 is abuse or any other harm that one of the remedies listed 
10 in paragraphs (1) through (16) of this subsection is 
11 designed to prevent, no further evidence is necessary to 
12 establish that the harm is an irreparable injury.
13  (18) Telephone services.
14   (A) Unless a condition described in subparagraph 
15 (B) of this paragraph exists, the court may, upon 
16 request by the petitioner, order a wireless telephone 
17 service provider to transfer to the petitioner the 
18 right to continue to use a telephone number or numbers 
19 indicated by the petitioner and the financial 
20 responsibility associated with the number or numbers, 
21 as set forth in subparagraph (C) of this paragraph. In 
22 this paragraph (18), the term "wireless telephone 
23 service provider" means a provider of commercial 
24 mobile service as defined in 47 U.S.C. 332. The 
25 petitioner may request the transfer of each telephone 
26 number that the petitioner, or a minor child in his or 
 
 
HB4304- 345 -LRB103 35638 RLC 65713 b


1 her custody, uses. The clerk of the court shall serve 
2 the order on the wireless telephone service provider's 
3 agent for service of process provided to the Illinois 
4 Commerce Commission. The order shall contain all of 
5 the following: 
6    (i) The name and billing telephone number of 
7 the account holder including the name of the 
8 wireless telephone service provider that serves 
9 the account.
10    (ii) Each telephone number that will be 
11 transferred.
12    (iii) A statement that the provider transfers 
13 to the petitioner all financial responsibility for 
14 and right to the use of any telephone number 
15 transferred under this paragraph.
16   (B) A wireless telephone service provider shall 
17 terminate the respondent's use of, and shall transfer 
18 to the petitioner use of, the telephone number or 
19 numbers indicated in subparagraph (A) of this 
20 paragraph unless it notifies the petitioner, within 72 
21 hours after it receives the order, that one of the 
22 following applies:
23    (i) The account holder named in the order has 
24 terminated the account.
25    (ii) A difference in network technology would 
26 prevent or impair the functionality of a device on 
 
 
HB4304- 346 -LRB103 35638 RLC 65713 b


1 a network if the transfer occurs.
2    (iii) The transfer would cause a geographic or 
3 other limitation on network or service provision 
4 to the petitioner.
5    (iv) Another technological or operational 
6 issue would prevent or impair the use of the 
7 telephone number if the transfer occurs.
8   (C) The petitioner assumes all financial 
9 responsibility for and right to the use of any 
10 telephone number transferred under this paragraph. In 
11 this paragraph, "financial responsibility" includes 
12 monthly service costs and costs associated with any 
13 mobile device associated with the number.
14   (D) A wireless telephone service provider may 
15 apply to the petitioner its routine and customary 
16 requirements for establishing an account or 
17 transferring a number, including requiring the 
18 petitioner to provide proof of identification, 
19 financial information, and customer preferences.
20   (E) Except for willful or wanton misconduct, a 
21 wireless telephone service provider is immune from 
22 civil liability for its actions taken in compliance 
23 with a court order issued under this paragraph.
24   (F) All wireless service providers that provide 
25 services to residential customers shall provide to the 
26 Illinois Commerce Commission the name and address of 
 
 
HB4304- 347 -LRB103 35638 RLC 65713 b


1 an agent for service of orders entered under this 
2 paragraph (18). Any change in status of the registered 
3 agent must be reported to the Illinois Commerce 
4 Commission within 30 days of such change. 
5   (G) The Illinois Commerce Commission shall 
6 maintain the list of registered agents for service for 
7 each wireless telephone service provider on the 
8 Commission's website. The Commission may consult with 
9 wireless telephone service providers and the Circuit 
10 Court Clerks on the manner in which this information 
11 is provided and displayed. 
12 (c) Relevant factors; findings.
13  (1) In determining whether to grant a specific remedy, 
14 other than payment of support, the court shall consider 
15 relevant factors, including, but not limited to, the 
16 following:
17   (i) the nature, frequency, severity, pattern, and 
18 consequences of the respondent's past abuse of the 
19 petitioner or any family or household member, 
20 including the concealment of his or her location in 
21 order to evade service of process or notice, and the 
22 likelihood of danger of future abuse to petitioner or 
23 any member of petitioner's or respondent's family or 
24 household; and
25   (ii) the danger that any minor child will be 
26 abused or neglected or improperly relocated from the 
 
 
HB4304- 348 -LRB103 35638 RLC 65713 b


1 jurisdiction, improperly concealed within the State, 
2 or improperly separated from the child's primary 
3 caretaker.
4  (2) In comparing relative hardships resulting to the 
5 parties from loss of possession of the family home, the 
6 court shall consider relevant factors, including, but not 
7 limited to, the following:
8   (i) availability, accessibility, cost, safety, 
9 adequacy, location, and other characteristics of 
10 alternate housing for each party and any minor child 
11 or dependent adult in the party's care;
12   (ii) the effect on the party's employment; and
13   (iii) the effect on the relationship of the party, 
14 and any minor child or dependent adult in the party's 
15 care, to family, school, church, and community.
16  (3) Subject to the exceptions set forth in paragraph 
17 (4) of this subsection (c), the court shall make its 
18 findings in an official record or in writing, and shall at 
19 a minimum set forth the following:
20   (i) That the court has considered the applicable 
21 relevant factors described in paragraphs (1) and (2) 
22 of this subsection (c).
23   (ii) Whether the conduct or actions of respondent, 
24 unless prohibited, will likely cause irreparable harm 
25 or continued abuse.
26   (iii) Whether it is necessary to grant the 
 
 
HB4304- 349 -LRB103 35638 RLC 65713 b


1 requested relief in order to protect petitioner or 
2 other alleged abused persons.
3  (4) (Blank).
4  (5) Never married parties. No rights or 
5 responsibilities for a minor child born outside of 
6 marriage attach to a putative father until a father and 
7 child relationship has been established under the Illinois 
8 Parentage Act of 1984, the Illinois Parentage Act of 2015, 
9 the Illinois Public Aid Code, Section 12 of the Vital 
10 Records Act, the Juvenile Court Act of 1987, the Probate 
11 Act of 1975, the Uniform Interstate Family Support Act, 
12 the Expedited Child Support Act of 1990, any judicial, 
13 administrative, or other act of another state or 
14 territory, any other statute of this State, or by any 
15 foreign nation establishing the father and child 
16 relationship, any other proceeding substantially in 
17 conformity with the federal Personal Responsibility and 
18 Work Opportunity Reconciliation Act of 1996, or when both 
19 parties appeared in open court or at an administrative 
20 hearing acknowledging under oath or admitting by 
21 affirmation the existence of a father and child 
22 relationship. Absent such an adjudication, no putative 
23 father shall be granted temporary allocation of parental 
24 responsibilities, including parenting time with the minor 
25 child, or physical care and possession of the minor child, 
26 nor shall an order of payment for support of the minor 
 
 
HB4304- 350 -LRB103 35638 RLC 65713 b


1 child be entered.
2 (d) Balance of hardships; findings. If the court finds 
3that the balance of hardships does not support the granting of 
4a remedy governed by paragraph (2), (3), (10), (11), or (16) of 
5subsection (b) of this Section, which may require such 
6balancing, the court's findings shall so indicate and shall 
7include a finding as to whether granting the remedy will 
8result in hardship to respondent that would substantially 
9outweigh the hardship to petitioner from denial of the remedy. 
10The findings shall be an official record or in writing.
11 (e) Denial of remedies. Denial of any remedy shall not be 
12based, in whole or in part, on evidence that:
13  (1) respondent has cause for any use of force, unless 
14 that cause satisfies the standards for justifiable use of 
15 force provided by Article 7 of the Criminal Code of 2012;
16  (2) respondent was voluntarily intoxicated;
17  (3) petitioner acted in self-defense or defense of 
18 another, provided that, if petitioner utilized force, such 
19 force was justifiable under Article 7 of the Criminal Code 
20 of 2012; 
21  (4) petitioner did not act in self-defense or defense 
22 of another;
23  (5) petitioner left the residence or household to 
24 avoid further abuse by respondent;
25  (6) petitioner did not leave the residence or 
26 household to avoid further abuse by respondent; or 
 
 
HB4304- 351 -LRB103 35638 RLC 65713 b


1  (7) conduct by any family or household member excused 
2 the abuse by respondent, unless that same conduct would 
3 have excused such abuse if the parties had not been family 
4 or household members.
5(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
6102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

7 (725 ILCS 5/112A-14.7)
8 Sec. 112A-14.7. Stalking no contact order; remedies.
9 (a) The court may order any of the remedies listed in this 
10Section. The remedies listed in this Section shall be in 
11addition to other civil or criminal remedies available to 
12petitioner. A stalking no contact order shall order one or 
13more of the following:
14  (1) prohibit the respondent from threatening to commit 
15 or committing stalking;
16  (2) order the respondent not to have any contact with 
17 the petitioner or a third person specifically named by the 
18 court;
19  (3) prohibit the respondent from knowingly coming 
20 within, or knowingly remaining within a specified distance 
21 of the petitioner or the petitioner's residence, school, 
22 daycare, or place of employment, or any specified place 
23 frequented by the petitioner; however, the court may order 
24 the respondent to stay away from the respondent's own 
25 residence, school, or place of employment only if the 
 
 
HB4304- 352 -LRB103 35638 RLC 65713 b


1 respondent has been provided actual notice of the 
2 opportunity to appear and be heard on the petition;
3  (4) prohibit the respondent from possessing a Firearm 
4 Owners Identification Card, or possessing or buying 
5 firearms; and
6  (5) order other injunctive relief the court determines 
7 to be necessary to protect the petitioner or third party 
8 specifically named by the court.
9 (b) When the petitioner and the respondent attend the same 
10public, private, or non-public elementary, middle, or high 
11school, the court when issuing a stalking no contact order and 
12providing relief shall consider the severity of the act, any 
13continuing physical danger or emotional distress to the 
14petitioner, the educational rights guaranteed to the 
15petitioner and respondent under federal and State law, the 
16availability of a transfer of the respondent to another 
17school, a change of placement or a change of program of the 
18respondent, the expense, difficulty, and educational 
19disruption that would be caused by a transfer of the 
20respondent to another school, and any other relevant facts of 
21the case. The court may order that the respondent not attend 
22the public, private, or non-public elementary, middle, or high 
23school attended by the petitioner, order that the respondent 
24accept a change of placement or program, as determined by the 
25school district or private or non-public school, or place 
26restrictions on the respondent's movements within the school 
 
 
HB4304- 353 -LRB103 35638 RLC 65713 b


1attended by the petitioner. The respondent bears the burden of 
2proving by a preponderance of the evidence that a transfer, 
3change of placement, or change of program of the respondent is 
4not available. The respondent also bears the burden of 
5production with respect to the expense, difficulty, and 
6educational disruption that would be caused by a transfer of 
7the respondent to another school. A transfer, change of 
8placement, or change of program is not unavailable to the 
9respondent solely on the ground that the respondent does not 
10agree with the school district's or private or non-public 
11school's transfer, change of placement, or change of program 
12or solely on the ground that the respondent fails or refuses to 
13consent to or otherwise does not take an action required to 
14effectuate a transfer, change of placement, or change of 
15program. When a court orders a respondent to stay away from the 
16public, private, or non-public school attended by the 
17petitioner and the respondent requests a transfer to another 
18attendance center within the respondent's school district or 
19private or non-public school, the school district or private 
20or non-public school shall have sole discretion to determine 
21the attendance center to which the respondent is transferred. 
22If the court order results in a transfer of the minor 
23respondent to another attendance center, a change in the 
24respondent's placement, or a change of the respondent's 
25program, the parents, guardian, or legal custodian of the 
26respondent is responsible for transportation and other costs 
 
 
HB4304- 354 -LRB103 35638 RLC 65713 b


1associated with the transfer or change.
2 (c) The court may order the parents, guardian, or legal 
3custodian of a minor respondent to take certain actions or to 
4refrain from taking certain actions to ensure that the 
5respondent complies with the order. If the court orders a 
6transfer of the respondent to another school, the parents, 
7guardian, or legal custodian of the respondent are responsible 
8for transportation and other costs associated with the change 
9of school by the respondent.
10 (d) The court shall not hold a school district or private 
11or non-public school or any of its employees in civil or 
12criminal contempt unless the school district or private or 
13non-public school has been allowed to intervene.
14 (e) The court may hold the parents, guardian, or legal 
15custodian of a minor respondent in civil or criminal contempt 
16for a violation of any provision of any order entered under 
17this Article for conduct of the minor respondent in violation 
18of this Article if the parents, guardian, or legal custodian 
19directed, encouraged, or assisted the respondent minor in the 
20conduct.
21 (f) Monetary damages are not recoverable as a remedy.
22 (g) If the stalking no contact order prohibits the 
23respondent from possessing a Firearm Owner's Identification 
24Card, or possessing or buying firearms; the court shall 
25confiscate the respondent's firearms and firearm ammunition 
26Firearm Owner's Identification Card and immediately return the 
 
 
HB4304- 355 -LRB103 35638 RLC 65713 b


1card to the Illinois State Police Firearm Owner's 
2Identification Card Office.
3(Source: P.A. 102-538, eff. 8-20-21.)

4 (725 ILCS 5/112A-17.5)
5 Sec. 112A-17.5. Ex parte protective orders.
6 (a) The petitioner may request expedited consideration of 
7the petition for an ex parte protective order. The court shall 
8consider the request on an expedited basis without requiring 
9the respondent's presence or requiring notice to the 
10respondent.
11 (b) Issuance of ex parte protective orders in cases 
12involving domestic violence. An ex parte domestic violence 
13order of protection shall be issued if petitioner satisfies 
14the requirements of this subsection (b) for one or more of the 
15requested remedies. For each remedy requested, petitioner 
16shall establish that:
17  (1) the court has jurisdiction under Section 112A-9 of 
18 this Code;
19  (2) the requirements of subsection (a) of Section 
20 112A-11.5 of this Code are satisfied; and
21  (3) there is good cause to grant the remedy, 
22 regardless of prior service of process or notice upon the 
23 respondent, because:
24   (A) for the remedy of prohibition of abuse 
25 described in paragraph (1) of subsection (b) of 
 
 
HB4304- 356 -LRB103 35638 RLC 65713 b


1 Section 112A-14 of this Code; stay away order and 
2 additional prohibitions described in paragraph (3) of 
3 subsection (b) of Section 112A-14 of this Code; 
4 removal or concealment of minor child described in 
5 paragraph (8) of subsection (b) of Section 112A-14 of 
6 this Code; order to appear described in paragraph (9) 
7 of subsection (b) of Section 112A-14 of this Code; 
8 physical care and possession of the minor child 
9 described in paragraph (5) of subsection (b) of 
10 Section 112A-14 of this Code; protection of property 
11 described in paragraph (11) of subsection (b) of 
12 Section 112A-14 of this Code; prohibition of entry 
13 described in paragraph (14) of subsection (b) of 
14 Section 112A-14 of this Code; prohibition of firearm 
15 possession described in paragraph (14.5) of subsection 
16 (b) of Section 112A-14 of this Code; prohibition of 
17 access to records described in paragraph (15) of 
18 subsection (b) of Section 112A-14 of this Code; 
19 injunctive relief described in paragraph (16) of 
20 subsection (b) of Section 112A-14 of this Code; and 
21 telephone services described in paragraph (18) of 
22 subsection (b) of Section 112A-14 of this Code, the 
23 harm which that remedy is intended to prevent would be 
24 likely to occur if the respondent were given any prior 
25 notice, or greater notice than was actually given, of 
26 the petitioner's efforts to obtain judicial relief;
 
 
HB4304- 357 -LRB103 35638 RLC 65713 b


1   (B) for the remedy of grant of exclusive 
2 possession of residence described in paragraph (2) of 
3 subsection (b) of Section 112A-14 of this Code; the 
4 immediate danger of further abuse of the petitioner by 
5 the respondent, if the petitioner chooses or had 
6 chosen to remain in the residence or household while 
7 the respondent was given any prior notice or greater 
8 notice than was actually given of the petitioner's 
9 efforts to obtain judicial relief outweighs the 
10 hardships to the respondent of an emergency order 
11 granting the petitioner exclusive possession of the 
12 residence or household; and the remedy shall not be 
13 denied because the petitioner has or could obtain 
14 temporary shelter elsewhere while prior notice is 
15 given to the respondent, unless the hardship to the 
16 respondent from exclusion from the home substantially 
17 outweigh the hardship to the petitioner; or
18   (C) for the remedy of possession of personal 
19 property described in paragraph (10) of subsection (b) 
20 of Section 112A-14 of this Code; improper disposition 
21 of the personal property would be likely to occur if 
22 the respondent were given any prior notice, or greater 
23 notice than was actually given, of the petitioner's 
24 efforts to obtain judicial relief or the petitioner 
25 has an immediate and pressing need for the possession 
26 of that property.
 
 
HB4304- 358 -LRB103 35638 RLC 65713 b


1 An ex parte domestic violence order of protection may not 
2include the counseling, custody, or payment of support or 
3monetary compensation remedies provided by paragraphs (4), 
4(12), (13), and (16) of subsection (b) of Section 112A-14 of 
5this Code.
6 (c) Issuance of ex parte civil no contact order in cases 
7involving sexual offenses. An ex parte civil no contact order 
8shall be issued if the petitioner establishes that:
9  (1) the court has jurisdiction under Section 112A-9 of 
10 this Code;
11  (2) the requirements of subsection (a) of Section 
12 112A-11.5 of this Code are satisfied; and
13  (3) there is good cause to grant the remedy, 
14 regardless of prior service of process or of notice upon 
15 the respondent, because the harm which that remedy is 
16 intended to prevent would be likely to occur if the 
17 respondent were given any prior notice, or greater notice 
18 than was actually given, of the petitioner's efforts to 
19 obtain judicial relief.
20 The court may order any of the remedies under Section 
21112A-14.5 of this Code.
22 (d) Issuance of ex parte stalking no contact order in 
23cases involving stalking offenses. An ex parte stalking no 
24contact order shall be issued if the petitioner establishes 
25that:
26  (1) the court has jurisdiction under Section 112A-9 of 
 
 
HB4304- 359 -LRB103 35638 RLC 65713 b


1 this Code;
2  (2) the requirements of subsection (a) of Section 
3 112A-11.5 of this Code are satisfied; and
4  (3) there is good cause to grant the remedy, 
5 regardless of prior service of process or of notice upon 
6 the respondent, because the harm which that remedy is 
7 intended to prevent would be likely to occur if the 
8 respondent were given any prior notice, or greater notice 
9 than was actually given, of the petitioner's efforts to 
10 obtain judicial relief.
11 The court may order any of the remedies under Section 
12112A-14.7 of this Code.
13 (e) Issuance of ex parte protective orders on court 
14holidays and evenings.
15 When the court is unavailable at the close of business, 
16the petitioner may file a petition for an ex parte protective 
17order before any available circuit judge or associate judge 
18who may grant relief under this Article. If the judge finds 
19that petitioner has satisfied the prerequisites in subsection 
20(b), (c), or (d) of this Section, the judge shall issue an ex 
21parte protective order.
22 The chief judge of the circuit court may designate for 
23each county in the circuit at least one judge to be reasonably 
24available to issue orally, by telephone, by facsimile, or 
25otherwise, an ex parte protective order at all times, whether 
26or not the court is in session.
 
 
HB4304- 360 -LRB103 35638 RLC 65713 b


1 The judge who issued the order under this Section shall 
2promptly communicate or convey the order to the sheriff to 
3facilitate the entry of the order into the Law Enforcement 
4Agencies Data System by the Illinois State Police under 
5Section 112A-28 of this Code. Any order issued under this 
6Section and any documentation in support of it shall be 
7certified on the next court day to the appropriate court. The 
8clerk of that court shall immediately assign a case number, 
9file the petition, order, and other documents with the court 
10and enter the order of record and file it with the sheriff for 
11service under subsection (f) of this Section. Failure to 
12comply with the requirements of this subsection (e) shall not 
13affect the validity of the order.
14 (f) Service of ex parte protective order on respondent.
15  (1) If an ex parte protective order is entered at the 
16 time a summons or arrest warrant is issued for the 
17 criminal charge, the petition for the protective order, 
18 any supporting affidavits, if any, and the ex parte 
19 protective order that has been issued shall be served with 
20 the summons or arrest warrant. The enforcement of a 
21 protective order under Section 112A-23 of this Code shall 
22 not be affected by the lack of service or delivery, 
23 provided the requirements of subsection (a) of Section 
24 112A-23 of this Code are otherwise met.
25  (2) If an ex parte protective order is entered after a 
26 summons or arrest warrant is issued and before the 
 
 
HB4304- 361 -LRB103 35638 RLC 65713 b


1 respondent makes an initial appearance in the criminal 
2 case, the summons shall be in the form prescribed by 
3 subsection (d) of Supreme Court Rule 101, except that it 
4 shall require respondent to answer or appear within 7 days 
5 and shall be accompanied by the petition for the 
6 protective order, any supporting affidavits, if any, and 
7 the ex parte protective order that has been issued.
8  (3) If an ex parte protective order is entered after 
9 the respondent has been served notice of a petition for a 
10 final protective order and the respondent has requested a 
11 continuance to respond to the petition, the ex parte 
12 protective order shall be served: (A) in open court if the 
13 respondent is present at the proceeding at which the order 
14 was entered; or (B) by summons in the form prescribed by 
15 subsection (d) of Supreme Court Rule 101.
16  (4) No fee shall be charged for service of summons.
17  (5) The summons shall be served by the sheriff or 
18 other law enforcement officer at the earliest time and 
19 shall take precedence over other summonses except those of 
20 a similar emergency nature. Special process servers may be 
21 appointed at any time, and their designation shall not 
22 affect the responsibilities and authority of the sheriff 
23 or other official process servers. In a county with a 
24 population over 3,000,000, a special process server may 
25 not be appointed if an ex parte protective order grants 
26 the surrender of a child, the surrender of a firearm or 
 
 
HB4304- 362 -LRB103 35638 RLC 65713 b


1 Firearm Owner's Identification Card, or the exclusive 
2 possession of a shared residence. Process may be served in 
3 court.
4 (g) Upon 7 days' notice to the petitioner, or a shorter 
5notice period as the court may prescribe, a respondent subject 
6to an ex parte protective order may appear and petition the 
7court to re-hear the petition. Any petition to re-hear shall 
8be verified and shall allege the following:
9  (1) that respondent did not receive prior notice of 
10 the initial hearing in which the ex parte protective order 
11 was entered under Section 112A-17.5 of this Code; and
12  (2) that respondent had a meritorious defense to the 
13 order or any of its remedies or that the order or any of 
14 its remedies was not authorized under this Article.
15 The verified petition and affidavit shall set forth the 
16evidence of the meritorious defense that will be presented at 
17a hearing. If the court finds that the evidence presented at 
18the hearing on the petition establishes a meritorious defense 
19by a preponderance of the evidence, the court may decide to 
20vacate the protective order or modify the remedies.
21 (h) If the ex parte protective order granted petitioner 
22exclusive possession of the residence and the petition of 
23respondent seeks to re-open or vacate that grant, the court 
24shall set a date for hearing within 14 days on all issues 
25relating to exclusive possession. Under no circumstances shall 
26a court continue a hearing concerning exclusive possession 
 
 
HB4304- 363 -LRB103 35638 RLC 65713 b


1beyond the 14th day except by agreement of the petitioner and 
2the respondent. Other issues raised by the pleadings may be 
3consolidated for the hearing if the petitioner, the 
4respondent, and the court do not object.
5 (i) Duration of ex parte protective order. An ex parte 
6order shall remain in effect until the court considers the 
7request for a final protective order after notice has been 
8served on the respondent or a default final protective order 
9is entered, whichever occurs first. If a court date is 
10scheduled for the issuance of a default protective order and 
11the petitioner fails to personally appear or appear through 
12counsel or the prosecuting attorney, the petition shall be 
13dismissed and the ex parte order terminated.
14(Source: P.A. 102-538, eff. 8-20-21.)

15 Section 90. The Unified Code of Corrections is amended by 
16changing Sections 3-2-10.5, 3-2-13, 5-5-3, 5-5-3.2, and 5-6-3 
17as follows:

18 (730 ILCS 5/3-2-10.5)
19 Sec. 3-2-10.5. Retiring security employees and parole 
20agents; purchase of service firearm and badge. The Director 
21shall establish a program to allow a security employee or 
22parole agent of the Department who is honorably retiring in 
23good standing to purchase either one or both of the following: 
24(1) any badge previously issued to the security employee or 
 
 
HB4304- 364 -LRB103 35638 RLC 65713 b


1parole agent by the Department; or (2) if the security 
2employee or parole agent has a currently valid Firearm Owner's 
3Identification Card, the service firearm issued or previously 
4issued to the security employee or parole agent by the 
5Department. The badge must be permanently and conspicuously 
6marked in such a manner that the individual who possesses the 
7badge is not mistaken for an actively serving law enforcement 
8officer. The cost of the firearm shall be the replacement 
9value of the firearm and not the firearm's fair market value.
10(Source: P.A. 102-719, eff. 5-6-22.)

11 (730 ILCS 5/3-2-13)
12 Sec. 3-2-13. Possession of a Firearm Owner's 
13Identification Card. The Department of Corrections shall not 
14make possession of a Firearm Owner's Identification Card a 
15condition of continued employment as a Department employee 
16authorized to possess firearms if the employee's Firearm 
17Owner's Identification Card is revoked or seized because the 
18employee has been a patient of a mental health facility and the 
19employee has not been determined to pose a clear and present 
20danger to himself, herself, or others as determined by a 
21physician, clinical psychologist, or qualified examiner. 
22Nothing in is this Section shall otherwise impair the 
23Department's ability to determine an employee's fitness for 
24duty. A collective bargaining agreement already in effect on 
25this issue on January 1, 2022 (the effective date of Public Act 
 
 
HB4304- 365 -LRB103 35638 RLC 65713 b


1102-645) this amendatory Act of the 102nd General Assembly 
2cannot be modified, but on or after the effective date of this 
3amendatory Act of the 102nd General Assembly, the Department 
4cannot require a Firearm Owner's Identification Card as a 
5condition of continued employment in a collective bargaining 
6agreement. The Department shall document if and why an 
7employee has been determined to pose a clear and present 
8danger. In this Section, "mental health facility" and 
9"qualified examiner" have the meanings provided in the Mental 
10Health and Developmental Disabilities Code.
11(Source: P.A. 102-645, eff. 1-1-22; revised 4-6-23.)

12 (730 ILCS 5/5-5-3)
13 Sec. 5-5-3. Disposition. 
14 (a) (Blank).
15 (b) (Blank). 
16 (c)(1) (Blank).
17 (2) A period of probation, a term of periodic imprisonment 
18or conditional discharge shall not be imposed for the 
19following offenses. The court shall sentence the offender to 
20not less than the minimum term of imprisonment set forth in 
21this Code for the following offenses, and may order a fine or 
22restitution or both in conjunction with such term of 
23imprisonment:
24  (A) First degree murder.
25  (B) Attempted first degree murder.
 
 
HB4304- 366 -LRB103 35638 RLC 65713 b


1  (C) A Class X felony.
2  (D) A violation of Section 401.1 or 407 of the 
3 Illinois Controlled Substances Act, or a violation of 
4 subdivision (c)(1.5) of Section 401 of that Act which 
5 relates to more than 5 grams of a substance containing 
6 fentanyl or an analog thereof.
7  (D-5) A violation of subdivision (c)(1) of Section 401 
8 of the Illinois Controlled Substances Act which relates to 
9 3 or more grams of a substance containing heroin or an 
10 analog thereof. 
11  (E) (Blank).
12  (F) A Class 1 or greater felony if the offender had 
13 been convicted of a Class 1 or greater felony, including 
14 any state or federal conviction for an offense that 
15 contained, at the time it was committed, the same elements 
16 as an offense now (the date of the offense committed after 
17 the prior Class 1 or greater felony) classified as a Class 
18 1 or greater felony, within 10 years of the date on which 
19 the offender committed the offense for which he or she is 
20 being sentenced, except as otherwise provided in Section 
21 40-10 of the Substance Use Disorder Act.
22  (F-3) A Class 2 or greater felony sex offense or 
23 felony firearm offense if the offender had been convicted 
24 of a Class 2 or greater felony, including any state or 
25 federal conviction for an offense that contained, at the 
26 time it was committed, the same elements as an offense now 
 
 
HB4304- 367 -LRB103 35638 RLC 65713 b


1 (the date of the offense committed after the prior Class 2 
2 or greater felony) classified as a Class 2 or greater 
3 felony, within 10 years of the date on which the offender 
4 committed the offense for which he or she is being 
5 sentenced, except as otherwise provided in Section 40-10 
6 of the Substance Use Disorder Act. 
7  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 
8 of the Criminal Code of 1961 or the Criminal Code of 2012 
9 for which imprisonment is prescribed in those Sections.
10  (G) Residential burglary, except as otherwise provided 
11 in Section 40-10 of the Substance Use Disorder Act.
12  (H) Criminal sexual assault.
13  (I) Aggravated battery of a senior citizen as 
14 described in Section 12-4.6 or subdivision (a)(4) of 
15 Section 12-3.05 of the Criminal Code of 1961 or the 
16 Criminal Code of 2012.
17  (J) A forcible felony if the offense was related to 
18 the activities of an organized gang.
19  Before July 1, 1994, for the purposes of this 
20 paragraph, "organized gang" means an association of 5 or 
21 more persons, with an established hierarchy, that 
22 encourages members of the association to perpetrate crimes 
23 or provides support to the members of the association who 
24 do commit crimes.
25  Beginning July 1, 1994, for the purposes of this 
26 paragraph, "organized gang" has the meaning ascribed to it 
 
 
HB4304- 368 -LRB103 35638 RLC 65713 b


1 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
2 Prevention Act.
3  (K) Vehicular hijacking.
4  (L) A second or subsequent conviction for the offense 
5 of hate crime when the underlying offense upon which the 
6 hate crime is based is felony aggravated assault or felony 
7 mob action.
8  (M) A second or subsequent conviction for the offense 
9 of institutional vandalism if the damage to the property 
10 exceeds $300.
11  (N) A Class 3 felony violation of paragraph (1) of 
12 subsection (a) of Section 2 of the Firearm Owners 
13 Identification Card Act committed before the effective 
14 date of this amendatory Act of the 103rd General Assembly.
15  (O) A violation of Section 12-6.1 or 12-6.5 of the 
16 Criminal Code of 1961 or the Criminal Code of 2012.
17  (P) A violation of paragraph (1), (2), (3), (4), (5), 
18 or (7) of subsection (a) of Section 11-20.1 of the 
19 Criminal Code of 1961 or the Criminal Code of 2012.
20  (P-5) A violation of paragraph (6) of subsection (a) 
21 of Section 11-20.1 of the Criminal Code of 1961 or the 
22 Criminal Code of 2012 if the victim is a household or 
23 family member of the defendant.
24  (Q) A violation of subsection (b) or (b-5) of Section 
25 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
26 Code of 1961 or the Criminal Code of 2012.
 
 
HB4304- 369 -LRB103 35638 RLC 65713 b


1  (R) A violation of Section 24-3A of the Criminal Code 
2 of 1961 or the Criminal Code of 2012.
3  (S) (Blank).
4  (T) (Blank).
5  (U) A second or subsequent violation of Section 6-303 
6 of the Illinois Vehicle Code committed while his or her 
7 driver's license, permit, or privilege was revoked because 
8 of a violation of Section 9-3 of the Criminal Code of 1961 
9 or the Criminal Code of 2012, relating to the offense of 
10 reckless homicide, or a similar provision of a law of 
11 another state. 
12  (V) A violation of paragraph (4) of subsection (c) of 
13 Section 11-20.1B or paragraph (4) of subsection (c) of 
14 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
15 (6) of subsection (a) of Section 11-20.1 of the Criminal 
16 Code of 2012 when the victim is under 13 years of age and 
17 the defendant has previously been convicted under the laws 
18 of this State or any other state of the offense of child 
19 pornography, aggravated child pornography, aggravated 
20 criminal sexual abuse, aggravated criminal sexual assault, 
21 predatory criminal sexual assault of a child, or any of 
22 the offenses formerly known as rape, deviate sexual 
23 assault, indecent liberties with a child, or aggravated 
24 indecent liberties with a child where the victim was under 
25 the age of 18 years or an offense that is substantially 
26 equivalent to those offenses.
 
 
HB4304- 370 -LRB103 35638 RLC 65713 b


1  (W) A violation of Section 24-3.5 of the Criminal Code 
2 of 1961 or the Criminal Code of 2012. 
3  (X) A violation of subsection (a) of Section 31-1a of 
4 the Criminal Code of 1961 or the Criminal Code of 2012.
5  (Y) A conviction for unlawful possession of a firearm 
6 by a street gang member when the firearm was loaded or 
7 contained firearm ammunition. 
8  (Z) A Class 1 felony committed while he or she was 
9 serving a term of probation or conditional discharge for a 
10 felony.
11  (AA) Theft of property exceeding $500,000 and not 
12 exceeding $1,000,000 in value.
13  (BB) Laundering of criminally derived property of a 
14 value exceeding $500,000.
15  (CC) Knowingly selling, offering for sale, holding for 
16 sale, or using 2,000 or more counterfeit items or 
17 counterfeit items having a retail value in the aggregate 
18 of $500,000 or more. 
19  (DD) A conviction for aggravated assault under 
20 paragraph (6) of subsection (c) of Section 12-2 of the 
21 Criminal Code of 1961 or the Criminal Code of 2012 if the 
22 firearm is aimed toward the person against whom the 
23 firearm is being used. 
24  (EE) A conviction for a violation of paragraph (2) of 
25 subsection (a) of Section 24-3B of the Criminal Code of 
26 2012. 
 
 
HB4304- 371 -LRB103 35638 RLC 65713 b


1 (3) (Blank).
2 (4) A minimum term of imprisonment of not less than 10 
3consecutive days or 30 days of community service shall be 
4imposed for a violation of paragraph (c) of Section 6-303 of 
5the Illinois Vehicle Code.
6 (4.1) (Blank).
7 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
8this subsection (c), a minimum of 100 hours of community 
9service shall be imposed for a second violation of Section 
106-303 of the Illinois Vehicle Code.
11 (4.3) A minimum term of imprisonment of 30 days or 300 
12hours of community service, as determined by the court, shall 
13be imposed for a second violation of subsection (c) of Section 
146-303 of the Illinois Vehicle Code.
15 (4.4) Except as provided in paragraphs (4.5), (4.6), and 
16(4.9) of this subsection (c), a minimum term of imprisonment 
17of 30 days or 300 hours of community service, as determined by 
18the court, shall be imposed for a third or subsequent 
19violation of Section 6-303 of the Illinois Vehicle Code. The 
20court may give credit toward the fulfillment of community 
21service hours for participation in activities and treatment as 
22determined by court services. 
23 (4.5) A minimum term of imprisonment of 30 days shall be 
24imposed for a third violation of subsection (c) of Section 
256-303 of the Illinois Vehicle Code.
26 (4.6) Except as provided in paragraph (4.10) of this 
 
 
HB4304- 372 -LRB103 35638 RLC 65713 b


1subsection (c), a minimum term of imprisonment of 180 days 
2shall be imposed for a fourth or subsequent violation of 
3subsection (c) of Section 6-303 of the Illinois Vehicle Code.
4 (4.7) A minimum term of imprisonment of not less than 30 
5consecutive days, or 300 hours of community service, shall be 
6imposed for a violation of subsection (a-5) of Section 6-303 
7of the Illinois Vehicle Code, as provided in subsection (b-5) 
8of that Section. 
9 (4.8) A mandatory prison sentence shall be imposed for a 
10second violation of subsection (a-5) of Section 6-303 of the 
11Illinois Vehicle Code, as provided in subsection (c-5) of that 
12Section. The person's driving privileges shall be revoked for 
13a period of not less than 5 years from the date of his or her 
14release from prison. 
15 (4.9) A mandatory prison sentence of not less than 4 and 
16not more than 15 years shall be imposed for a third violation 
17of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
18Code, as provided in subsection (d-2.5) of that Section. The 
19person's driving privileges shall be revoked for the remainder 
20of his or her life. 
21 (4.10) A mandatory prison sentence for a Class 1 felony 
22shall be imposed, and the person shall be eligible for an 
23extended term sentence, for a fourth or subsequent violation 
24of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
25Code, as provided in subsection (d-3.5) of that Section. The 
26person's driving privileges shall be revoked for the remainder 
 
 
HB4304- 373 -LRB103 35638 RLC 65713 b


1of his or her life. 
2 (5) The court may sentence a corporation or unincorporated 
3association convicted of any offense to:
4  (A) a period of conditional discharge;
5  (B) a fine;
6  (C) make restitution to the victim under Section 5-5-6 
7 of this Code.
8 (5.1) In addition to any other penalties imposed, and 
9except as provided in paragraph (5.2) or (5.3), a person 
10convicted of violating subsection (c) of Section 11-907 of the 
11Illinois Vehicle Code shall have his or her driver's license, 
12permit, or privileges suspended for at least 90 days but not 
13more than one year, if the violation resulted in damage to the 
14property of another person.
15 (5.2) In addition to any other penalties imposed, and 
16except as provided in paragraph (5.3), a person convicted of 
17violating subsection (c) of Section 11-907 of the Illinois 
18Vehicle Code shall have his or her driver's license, permit, 
19or privileges suspended for at least 180 days but not more than 
202 years, if the violation resulted in injury to another 
21person.
22 (5.3) In addition to any other penalties imposed, a person 
23convicted of violating subsection (c) of Section 11-907 of the 
24Illinois Vehicle Code shall have his or her driver's license, 
25permit, or privileges suspended for 2 years, if the violation 
26resulted in the death of another person.
 
 
HB4304- 374 -LRB103 35638 RLC 65713 b


1 (5.4) In addition to any other penalties imposed, a person 
2convicted of violating Section 3-707 of the Illinois Vehicle 
3Code shall have his or her driver's license, permit, or 
4privileges suspended for 3 months and until he or she has paid 
5a reinstatement fee of $100.
6 (5.5) In addition to any other penalties imposed, a person 
7convicted of violating Section 3-707 of the Illinois Vehicle 
8Code during a period in which his or her driver's license, 
9permit, or privileges were suspended for a previous violation 
10of that Section shall have his or her driver's license, 
11permit, or privileges suspended for an additional 6 months 
12after the expiration of the original 3-month suspension and 
13until he or she has paid a reinstatement fee of $100. 
14 (6) (Blank).
15 (7) (Blank).
16 (8) (Blank).
17 (9) A defendant convicted of a second or subsequent 
18offense of ritualized abuse of a child may be sentenced to a 
19term of natural life imprisonment.
20 (10) (Blank).
21 (11) The court shall impose a minimum fine of $1,000 for a 
22first offense and $2,000 for a second or subsequent offense 
23upon a person convicted of or placed on supervision for 
24battery when the individual harmed was a sports official or 
25coach at any level of competition and the act causing harm to 
26the sports official or coach occurred within an athletic 
 
 
HB4304- 375 -LRB103 35638 RLC 65713 b


1facility or within the immediate vicinity of the athletic 
2facility at which the sports official or coach was an active 
3participant of the athletic contest held at the athletic 
4facility. For the purposes of this paragraph (11), "sports 
5official" means a person at an athletic contest who enforces 
6the rules of the contest, such as an umpire or referee; 
7"athletic facility" means an indoor or outdoor playing field 
8or recreational area where sports activities are conducted; 
9and "coach" means a person recognized as a coach by the 
10sanctioning authority that conducted the sporting event.
11 (12) A person may not receive a disposition of court 
12supervision for a violation of Section 5-16 of the Boat 
13Registration and Safety Act if that person has previously 
14received a disposition of court supervision for a violation of 
15that Section. 
16 (13) A person convicted of or placed on court supervision 
17for an assault or aggravated assault when the victim and the 
18offender are family or household members as defined in Section 
19103 of the Illinois Domestic Violence Act of 1986 or convicted 
20of domestic battery or aggravated domestic battery may be 
21required to attend a Partner Abuse Intervention Program under 
22protocols set forth by the Illinois Department of Human 
23Services under such terms and conditions imposed by the court. 
24The costs of such classes shall be paid by the offender. 
25 (d) In any case in which a sentence originally imposed is 
26vacated, the case shall be remanded to the trial court. The 
 
 
HB4304- 376 -LRB103 35638 RLC 65713 b


1trial court shall hold a hearing under Section 5-4-1 of this 
2Code which may include evidence of the defendant's life, moral 
3character and occupation during the time since the original 
4sentence was passed. The trial court shall then impose 
5sentence upon the defendant. The trial court may impose any 
6sentence which could have been imposed at the original trial 
7subject to Section 5-5-4 of this Code. If a sentence is vacated 
8on appeal or on collateral attack due to the failure of the 
9trier of fact at trial to determine beyond a reasonable doubt 
10the existence of a fact (other than a prior conviction) 
11necessary to increase the punishment for the offense beyond 
12the statutory maximum otherwise applicable, either the 
13defendant may be re-sentenced to a term within the range 
14otherwise provided or, if the State files notice of its 
15intention to again seek the extended sentence, the defendant 
16shall be afforded a new trial.
17 (e) In cases where prosecution for aggravated criminal 
18sexual abuse under Section 11-1.60 or 12-16 of the Criminal 
19Code of 1961 or the Criminal Code of 2012 results in conviction 
20of a defendant who was a family member of the victim at the 
21time of the commission of the offense, the court shall 
22consider the safety and welfare of the victim and may impose a 
23sentence of probation only where:
24  (1) the court finds (A) or (B) or both are 
25 appropriate:
26   (A) the defendant is willing to undergo a court 
 
 
HB4304- 377 -LRB103 35638 RLC 65713 b


1 approved counseling program for a minimum duration of 
2 2 years; or
3   (B) the defendant is willing to participate in a 
4 court approved plan, including, but not limited to, 
5 the defendant's:
6    (i) removal from the household;
7    (ii) restricted contact with the victim;
8    (iii) continued financial support of the 
9 family;
10    (iv) restitution for harm done to the victim; 
11 and
12    (v) compliance with any other measures that 
13 the court may deem appropriate; and
14  (2) the court orders the defendant to pay for the 
15 victim's counseling services, to the extent that the court 
16 finds, after considering the defendant's income and 
17 assets, that the defendant is financially capable of 
18 paying for such services, if the victim was under 18 years 
19 of age at the time the offense was committed and requires 
20 counseling as a result of the offense.
21 Probation may be revoked or modified pursuant to Section 
225-6-4; except where the court determines at the hearing that 
23the defendant violated a condition of his or her probation 
24restricting contact with the victim or other family members or 
25commits another offense with the victim or other family 
26members, the court shall revoke the defendant's probation and 
 
 
HB4304- 378 -LRB103 35638 RLC 65713 b


1impose a term of imprisonment.
2 For the purposes of this Section, "family member" and 
3"victim" shall have the meanings ascribed to them in Section 
411-0.1 of the Criminal Code of 2012.
5 (f) (Blank).
6 (g) Whenever a defendant is convicted of an offense under 
7Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, 
811-14.3, 11-14.4 except for an offense that involves keeping a 
9place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
1011-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 
1112-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the 
12Criminal Code of 2012, the defendant shall undergo medical 
13testing to determine whether the defendant has any sexually 
14transmissible disease, including a test for infection with 
15human immunodeficiency virus (HIV) or any other identified 
16causative agent of acquired immunodeficiency syndrome (AIDS). 
17Any such medical test shall be performed only by appropriately 
18licensed medical practitioners and may include an analysis of 
19any bodily fluids as well as an examination of the defendant's 
20person. Except as otherwise provided by law, the results of 
21such test shall be kept strictly confidential by all medical 
22personnel involved in the testing and must be personally 
23delivered in a sealed envelope to the judge of the court in 
24which the conviction was entered for the judge's inspection in 
25camera. Acting in accordance with the best interests of the 
26victim and the public, the judge shall have the discretion to 
 
 
HB4304- 379 -LRB103 35638 RLC 65713 b


1determine to whom, if anyone, the results of the testing may be 
2revealed. The court shall notify the defendant of the test 
3results. The court shall also notify the victim if requested 
4by the victim, and if the victim is under the age of 15 and if 
5requested by the victim's parents or legal guardian, the court 
6shall notify the victim's parents or legal guardian of the 
7test results. The court shall provide information on the 
8availability of HIV testing and counseling at Department of 
9Public Health facilities to all parties to whom the results of 
10the testing are revealed and shall direct the State's Attorney 
11to provide the information to the victim when possible. The 
12court shall order that the cost of any such test shall be paid 
13by the county and may be taxed as costs against the convicted 
14defendant.
15 (g-5) When an inmate is tested for an airborne 
16communicable disease, as determined by the Illinois Department 
17of Public Health, including, but not limited to, tuberculosis, 
18the results of the test shall be personally delivered by the 
19warden or his or her designee in a sealed envelope to the judge 
20of the court in which the inmate must appear for the judge's 
21inspection in camera if requested by the judge. Acting in 
22accordance with the best interests of those in the courtroom, 
23the judge shall have the discretion to determine what if any 
24precautions need to be taken to prevent transmission of the 
25disease in the courtroom.
26 (h) Whenever a defendant is convicted of an offense under 
 
 
HB4304- 380 -LRB103 35638 RLC 65713 b


1Section 1 or 2 of the Hypodermic Syringes and Needles Act, the 
2defendant shall undergo medical testing to determine whether 
3the defendant has been exposed to human immunodeficiency virus 
4(HIV) or any other identified causative agent of acquired 
5immunodeficiency syndrome (AIDS). Except as otherwise provided 
6by law, the results of such test shall be kept strictly 
7confidential by all medical personnel involved in the testing 
8and must be personally delivered in a sealed envelope to the 
9judge of the court in which the conviction was entered for the 
10judge's inspection in camera. Acting in accordance with the 
11best interests of the public, the judge shall have the 
12discretion to determine to whom, if anyone, the results of the 
13testing may be revealed. The court shall notify the defendant 
14of a positive test showing an infection with the human 
15immunodeficiency virus (HIV). The court shall provide 
16information on the availability of HIV testing and counseling 
17at Department of Public Health facilities to all parties to 
18whom the results of the testing are revealed and shall direct 
19the State's Attorney to provide the information to the victim 
20when possible. The court shall order that the cost of any such 
21test shall be paid by the county and may be taxed as costs 
22against the convicted defendant.
23 (i) All fines and penalties imposed under this Section for 
24any violation of Chapters 3, 4, 6, and 11 of the Illinois 
25Vehicle Code, or a similar provision of a local ordinance, and 
26any violation of the Child Passenger Protection Act, or a 
 
 
HB4304- 381 -LRB103 35638 RLC 65713 b


1similar provision of a local ordinance, shall be collected and 
2disbursed by the circuit clerk as provided under the Criminal 
3and Traffic Assessment Act.
4 (j) In cases when prosecution for any violation of Section 
511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9, 
611-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
711-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 
811-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
912-15, or 12-16 of the Criminal Code of 1961 or the Criminal 
10Code of 2012, any violation of the Illinois Controlled 
11Substances Act, any violation of the Cannabis Control Act, or 
12any violation of the Methamphetamine Control and Community 
13Protection Act results in conviction, a disposition of court 
14supervision, or an order of probation granted under Section 10 
15of the Cannabis Control Act, Section 410 of the Illinois 
16Controlled Substances Act, or Section 70 of the 
17Methamphetamine Control and Community Protection Act of a 
18defendant, the court shall determine whether the defendant is 
19employed by a facility or center as defined under the Child 
20Care Act of 1969, a public or private elementary or secondary 
21school, or otherwise works with children under 18 years of age 
22on a daily basis. When a defendant is so employed, the court 
23shall order the Clerk of the Court to send a copy of the 
24judgment of conviction or order of supervision or probation to 
25the defendant's employer by certified mail. If the employer of 
26the defendant is a school, the Clerk of the Court shall direct 
 
 
HB4304- 382 -LRB103 35638 RLC 65713 b


1the mailing of a copy of the judgment of conviction or order of 
2supervision or probation to the appropriate regional 
3superintendent of schools. The regional superintendent of 
4schools shall notify the State Board of Education of any 
5notification under this subsection.
6 (j-5) A defendant at least 17 years of age who is convicted 
7of a felony and who has not been previously convicted of a 
8misdemeanor or felony and who is sentenced to a term of 
9imprisonment in the Illinois Department of Corrections shall 
10as a condition of his or her sentence be required by the court 
11to attend educational courses designed to prepare the 
12defendant for a high school diploma and to work toward a high 
13school diploma or to work toward passing high school 
14equivalency testing or to work toward completing a vocational 
15training program offered by the Department of Corrections. If 
16a defendant fails to complete the educational training 
17required by his or her sentence during the term of 
18incarceration, the Prisoner Review Board shall, as a condition 
19of mandatory supervised release, require the defendant, at his 
20or her own expense, to pursue a course of study toward a high 
21school diploma or passage of high school equivalency testing. 
22The Prisoner Review Board shall revoke the mandatory 
23supervised release of a defendant who wilfully fails to comply 
24with this subsection (j-5) upon his or her release from 
25confinement in a penal institution while serving a mandatory 
26supervised release term; however, the inability of the 
 
 
HB4304- 383 -LRB103 35638 RLC 65713 b


1defendant after making a good faith effort to obtain financial 
2aid or pay for the educational training shall not be deemed a 
3wilful failure to comply. The Prisoner Review Board shall 
4recommit the defendant whose mandatory supervised release term 
5has been revoked under this subsection (j-5) as provided in 
6Section 3-3-9. This subsection (j-5) does not apply to a 
7defendant who has a high school diploma or has successfully 
8passed high school equivalency testing. This subsection (j-5) 
9does not apply to a defendant who is determined by the court to 
10be a person with a developmental disability or otherwise 
11mentally incapable of completing the educational or vocational 
12program.
13 (k) (Blank).
14 (l)(A) Except as provided in paragraph (C) of subsection 
15(l), whenever a defendant, who is not a citizen or national of 
16the United States, is convicted of any felony or misdemeanor 
17offense, the court after sentencing the defendant may, upon 
18motion of the State's Attorney, hold sentence in abeyance and 
19remand the defendant to the custody of the Attorney General of 
20the United States or his or her designated agent to be deported 
21when:
22  (1) a final order of deportation has been issued 
23 against the defendant pursuant to proceedings under the 
24 Immigration and Nationality Act, and
25  (2) the deportation of the defendant would not 
26 deprecate the seriousness of the defendant's conduct and 
 
 
HB4304- 384 -LRB103 35638 RLC 65713 b


1 would not be inconsistent with the ends of justice.
2 Otherwise, the defendant shall be sentenced as provided in 
3this Chapter V.
4 (B) If the defendant has already been sentenced for a 
5felony or misdemeanor offense, or has been placed on probation 
6under Section 10 of the Cannabis Control Act, Section 410 of 
7the Illinois Controlled Substances Act, or Section 70 of the 
8Methamphetamine Control and Community Protection Act, the 
9court may, upon motion of the State's Attorney to suspend the 
10sentence imposed, commit the defendant to the custody of the 
11Attorney General of the United States or his or her designated 
12agent when:
13  (1) a final order of deportation has been issued 
14 against the defendant pursuant to proceedings under the 
15 Immigration and Nationality Act, and
16  (2) the deportation of the defendant would not 
17 deprecate the seriousness of the defendant's conduct and 
18 would not be inconsistent with the ends of justice.
19 (C) This subsection (l) does not apply to offenders who 
20are subject to the provisions of paragraph (2) of subsection 
21(a) of Section 3-6-3.
22 (D) Upon motion of the State's Attorney, if a defendant 
23sentenced under this Section returns to the jurisdiction of 
24the United States, the defendant shall be recommitted to the 
25custody of the county from which he or she was sentenced. 
26Thereafter, the defendant shall be brought before the 
 
 
HB4304- 385 -LRB103 35638 RLC 65713 b


1sentencing court, which may impose any sentence that was 
2available under Section 5-5-3 at the time of initial 
3sentencing. In addition, the defendant shall not be eligible 
4for additional earned sentence credit as provided under 
5Section 3-6-3.
6 (m) A person convicted of criminal defacement of property 
7under Section 21-1.3 of the Criminal Code of 1961 or the 
8Criminal Code of 2012, in which the property damage exceeds 
9$300 and the property damaged is a school building, shall be 
10ordered to perform community service that may include cleanup, 
11removal, or painting over the defacement.
12 (n) The court may sentence a person convicted of a 
13violation of Section 12-19, 12-21, 16-1.3, or 17-56, or 
14subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
15of 1961 or the Criminal Code of 2012 (i) to an impact 
16incarceration program if the person is otherwise eligible for 
17that program under Section 5-8-1.1, (ii) to community service, 
18or (iii) if the person has a substance use disorder, as defined 
19in the Substance Use Disorder Act, to a treatment program 
20licensed under that Act.
21 (o) Whenever a person is convicted of a sex offense as 
22defined in Section 2 of the Sex Offender Registration Act, the 
23defendant's driver's license or permit shall be subject to 
24renewal on an annual basis in accordance with the provisions 
25of license renewal established by the Secretary of State. 
26(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; 
 
 
HB4304- 386 -LRB103 35638 RLC 65713 b


1102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff. 
21-1-24.)

3 (730 ILCS 5/5-5-3.2)
4 Sec. 5-5-3.2. Factors in aggravation and extended-term 
5sentencing. 
6 (a) The following factors shall be accorded weight in 
7favor of imposing a term of imprisonment or may be considered 
8by the court as reasons to impose a more severe sentence under 
9Section 5-8-1 or Article 4.5 of Chapter V:
10  (1) the defendant's conduct caused or threatened 
11 serious harm;
12  (2) the defendant received compensation for committing 
13 the offense;
14  (3) the defendant has a history of prior delinquency 
15 or criminal activity;
16  (4) the defendant, by the duties of his office or by 
17 his position, was obliged to prevent the particular 
18 offense committed or to bring the offenders committing it 
19 to justice;
20  (5) the defendant held public office at the time of 
21 the offense, and the offense related to the conduct of 
22 that office;
23  (6) the defendant utilized his professional reputation 
24 or position in the community to commit the offense, or to 
25 afford him an easier means of committing it;
 
 
HB4304- 387 -LRB103 35638 RLC 65713 b


1  (7) the sentence is necessary to deter others from 
2 committing the same crime;
3  (8) the defendant committed the offense against a 
4 person 60 years of age or older or such person's property;
5  (9) the defendant committed the offense against a 
6 person who has a physical disability or such person's 
7 property;
8  (10) by reason of another individual's actual or 
9 perceived race, color, creed, religion, ancestry, gender, 
10 sexual orientation, physical or mental disability, or 
11 national origin, the defendant committed the offense 
12 against (i) the person or property of that individual; 
13 (ii) the person or property of a person who has an 
14 association with, is married to, or has a friendship with 
15 the other individual; or (iii) the person or property of a 
16 relative (by blood or marriage) of a person described in 
17 clause (i) or (ii). For the purposes of this Section, 
18 "sexual orientation" has the meaning ascribed to it in 
19 paragraph (O-1) of Section 1-103 of the Illinois Human 
20 Rights Act;
21  (11) the offense took place in a place of worship or on 
22 the grounds of a place of worship, immediately prior to, 
23 during or immediately following worship services. For 
24 purposes of this subparagraph, "place of worship" shall 
25 mean any church, synagogue or other building, structure or 
26 place used primarily for religious worship;
 
 
HB4304- 388 -LRB103 35638 RLC 65713 b


1  (12) the defendant was convicted of a felony committed 
2 while he was on pretrial release or his own recognizance 
3 pending trial for a prior felony and was convicted of such 
4 prior felony, or the defendant was convicted of a felony 
5 committed while he was serving a period of probation, 
6 conditional discharge, or mandatory supervised release 
7 under subsection (d) of Section 5-8-1 for a prior felony;
8  (13) the defendant committed or attempted to commit a 
9 felony while he was wearing a bulletproof vest. For the 
10 purposes of this paragraph (13), a bulletproof vest is any 
11 device which is designed for the purpose of protecting the 
12 wearer from bullets, shot or other lethal projectiles;
13  (14) the defendant held a position of trust or 
14 supervision such as, but not limited to, family member as 
15 defined in Section 11-0.1 of the Criminal Code of 2012, 
16 teacher, scout leader, baby sitter, or day care worker, in 
17 relation to a victim under 18 years of age, and the 
18 defendant committed an offense in violation of Section 
19 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
20 11-14.4 except for an offense that involves keeping a 
21 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, 
22 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
23 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
24 of 2012 against that victim;
25  (15) the defendant committed an offense related to the 
26 activities of an organized gang. For the purposes of this 
 
 
HB4304- 389 -LRB103 35638 RLC 65713 b


1 factor, "organized gang" has the meaning ascribed to it in 
2 Section 10 of the Streetgang Terrorism Omnibus Prevention 
3 Act;
4  (16) the defendant committed an offense in violation 
5 of one of the following Sections while in a school, 
6 regardless of the time of day or time of year; on any 
7 conveyance owned, leased, or contracted by a school to 
8 transport students to or from school or a school related 
9 activity; on the real property of a school; or on a public 
10 way within 1,000 feet of the real property comprising any 
11 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 
12 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 
13 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 
14 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 
15 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except 
16 for subdivision (a)(4) or (g)(1), of the Criminal Code of 
17 1961 or the Criminal Code of 2012;
18  (16.5) the defendant committed an offense in violation 
19 of one of the following Sections while in a day care 
20 center, regardless of the time of day or time of year; on 
21 the real property of a day care center, regardless of the 
22 time of day or time of year; or on a public way within 
23 1,000 feet of the real property comprising any day care 
24 center, regardless of the time of day or time of year: 
25 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
26 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
 
 
HB4304- 390 -LRB103 35638 RLC 65713 b


1 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
2 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
3 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
4 (a)(4) or (g)(1), of the Criminal Code of 1961 or the 
5 Criminal Code of 2012;
6  (17) the defendant committed the offense by reason of 
7 any person's activity as a community policing volunteer or 
8 to prevent any person from engaging in activity as a 
9 community policing volunteer. For the purpose of this 
10 Section, "community policing volunteer" has the meaning 
11 ascribed to it in Section 2-3.5 of the Criminal Code of 
12 2012;
13  (18) the defendant committed the offense in a nursing 
14 home or on the real property comprising a nursing home. 
15 For the purposes of this paragraph (18), "nursing home" 
16 means a skilled nursing or intermediate long term care 
17 facility that is subject to license by the Illinois 
18 Department of Public Health under the Nursing Home Care 
19 Act, the Specialized Mental Health Rehabilitation Act of 
20 2013, the ID/DD Community Care Act, or the MC/DD Act;
21  (19) the defendant was a federally licensed firearm 
22 dealer and was previously convicted of a violation of 
23 subsection (a) of Section 3 of the Firearm Owners 
24 Identification Card Act before its repeal by this 
25 amendatory Act of the 103rd General Assembly and has now 
26 committed either a felony violation of the Firearm Owners 
 
 
HB4304- 391 -LRB103 35638 RLC 65713 b


1 Identification Card Act or an act of armed violence while 
2 armed with a firearm;
3  (20) the defendant (i) committed the offense of 
4 reckless homicide under Section 9-3 of the Criminal Code 
5 of 1961 or the Criminal Code of 2012 or the offense of 
6 driving under the influence of alcohol, other drug or 
7 drugs, intoxicating compound or compounds or any 
8 combination thereof under Section 11-501 of the Illinois 
9 Vehicle Code or a similar provision of a local ordinance 
10 and (ii) was operating a motor vehicle in excess of 20 
11 miles per hour over the posted speed limit as provided in 
12 Article VI of Chapter 11 of the Illinois Vehicle Code; 
13  (21) the defendant (i) committed the offense of 
14 reckless driving or aggravated reckless driving under 
15 Section 11-503 of the Illinois Vehicle Code and (ii) was 
16 operating a motor vehicle in excess of 20 miles per hour 
17 over the posted speed limit as provided in Article VI of 
18 Chapter 11 of the Illinois Vehicle Code;
19  (22) the defendant committed the offense against a 
20 person that the defendant knew, or reasonably should have 
21 known, was a member of the Armed Forces of the United 
22 States serving on active duty. For purposes of this clause 
23 (22), the term "Armed Forces" means any of the Armed 
24 Forces of the United States, including a member of any 
25 reserve component thereof or National Guard unit called to 
26 active duty; 
 
 
HB4304- 392 -LRB103 35638 RLC 65713 b


1  (23) the defendant committed the offense against a 
2 person who was elderly or infirm or who was a person with a 
3 disability by taking advantage of a family or fiduciary 
4 relationship with the elderly or infirm person or person 
5 with a disability; 
6  (24) the defendant committed any offense under Section 
7 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
8 of 2012 and possessed 100 or more images; 
9  (25) the defendant committed the offense while the 
10 defendant or the victim was in a train, bus, or other 
11 vehicle used for public transportation;
12  (26) the defendant committed the offense of child 
13 pornography or aggravated child pornography, specifically 
14 including paragraph (1), (2), (3), (4), (5), or (7) of 
15 subsection (a) of Section 11-20.1 of the Criminal Code of 
16 1961 or the Criminal Code of 2012 where a child engaged in, 
17 solicited for, depicted in, or posed in any act of sexual 
18 penetration or bound, fettered, or subject to sadistic, 
19 masochistic, or sadomasochistic abuse in a sexual context 
20 and specifically including paragraph (1), (2), (3), (4), 
21 (5), or (7) of subsection (a) of Section 11-20.1B or 
22 Section 11-20.3 of the Criminal Code of 1961 where a child 
23 engaged in, solicited for, depicted in, or posed in any 
24 act of sexual penetration or bound, fettered, or subject 
25 to sadistic, masochistic, or sadomasochistic abuse in a 
26 sexual context;
 
 
HB4304- 393 -LRB103 35638 RLC 65713 b


1  (27) the defendant committed the offense of first 
2 degree murder, assault, aggravated assault, battery, 
3 aggravated battery, robbery, armed robbery, or aggravated 
4 robbery against a person who was a veteran and the 
5 defendant knew, or reasonably should have known, that the 
6 person was a veteran performing duties as a representative 
7 of a veterans' organization. For the purposes of this 
8 paragraph (27), "veteran" means an Illinois resident who 
9 has served as a member of the United States Armed Forces, a 
10 member of the Illinois National Guard, or a member of the 
11 United States Reserve Forces; and "veterans' organization" 
12 means an organization comprised of members of which 
13 substantially all are individuals who are veterans or 
14 spouses, widows, or widowers of veterans, the primary 
15 purpose of which is to promote the welfare of its members 
16 and to provide assistance to the general public in such a 
17 way as to confer a public benefit; 
18  (28) the defendant committed the offense of assault, 
19 aggravated assault, battery, aggravated battery, robbery, 
20 armed robbery, or aggravated robbery against a person that 
21 the defendant knew or reasonably should have known was a 
22 letter carrier or postal worker while that person was 
23 performing his or her duties delivering mail for the 
24 United States Postal Service;
25  (29) the defendant committed the offense of criminal 
26 sexual assault, aggravated criminal sexual assault, 
 
 
HB4304- 394 -LRB103 35638 RLC 65713 b


1 criminal sexual abuse, or aggravated criminal sexual abuse 
2 against a victim with an intellectual disability, and the 
3 defendant holds a position of trust, authority, or 
4 supervision in relation to the victim;
5  (30) the defendant committed the offense of promoting 
6 juvenile prostitution, patronizing a prostitute, or 
7 patronizing a minor engaged in prostitution and at the 
8 time of the commission of the offense knew that the 
9 prostitute or minor engaged in prostitution was in the 
10 custody or guardianship of the Department of Children and 
11 Family Services;
12  (31) the defendant (i) committed the offense of 
13 driving while under the influence of alcohol, other drug 
14 or drugs, intoxicating compound or compounds or any 
15 combination thereof in violation of Section 11-501 of the 
16 Illinois Vehicle Code or a similar provision of a local 
17 ordinance and (ii) the defendant during the commission of 
18 the offense was driving his or her vehicle upon a roadway 
19 designated for one-way traffic in the opposite direction 
20 of the direction indicated by official traffic control 
21 devices; 
22  (32) the defendant committed the offense of reckless 
23 homicide while committing a violation of Section 11-907 of 
24 the Illinois Vehicle Code; 
25  (33) the defendant was found guilty of an 
26 administrative infraction related to an act or acts of 
 
 
HB4304- 395 -LRB103 35638 RLC 65713 b


1 public indecency or sexual misconduct in the penal 
2 institution. In this paragraph (33), "penal institution" 
3 has the same meaning as in Section 2-14 of the Criminal 
4 Code of 2012; or
5  (34) the defendant committed the offense of leaving 
6 the scene of a crash in violation of subsection (b) of 
7 Section 11-401 of the Illinois Vehicle Code and the crash 
8 resulted in the death of a person and at the time of the 
9 offense, the defendant was: (i) driving under the 
10 influence of alcohol, other drug or drugs, intoxicating 
11 compound or compounds or any combination thereof as 
12 defined by Section 11-501 of the Illinois Vehicle Code; or 
13 (ii) operating the motor vehicle while using an electronic 
14 communication device as defined in Section 12-610.2 of the 
15 Illinois Vehicle Code. 
16 For the purposes of this Section:
17 "School" is defined as a public or private elementary or 
18secondary school, community college, college, or university.
19 "Day care center" means a public or private State 
20certified and licensed day care center as defined in Section 
212.09 of the Child Care Act of 1969 that displays a sign in 
22plain view stating that the property is a day care center.
23 "Intellectual disability" means significantly subaverage 
24intellectual functioning which exists concurrently with 
25impairment in adaptive behavior. 
26 "Public transportation" means the transportation or 
 
 
HB4304- 396 -LRB103 35638 RLC 65713 b


1conveyance of persons by means available to the general 
2public, and includes paratransit services.
3 "Traffic control devices" means all signs, signals, 
4markings, and devices that conform to the Illinois Manual on 
5Uniform Traffic Control Devices, placed or erected by 
6authority of a public body or official having jurisdiction, 
7for the purpose of regulating, warning, or guiding traffic. 
8 (b) The following factors, related to all felonies, may be 
9considered by the court as reasons to impose an extended term 
10sentence under Section 5-8-2 upon any offender:
11  (1) When a defendant is convicted of any felony, after 
12 having been previously convicted in Illinois or any other 
13 jurisdiction of the same or similar class felony or 
14 greater class felony, when such conviction has occurred 
15 within 10 years after the previous conviction, excluding 
16 time spent in custody, and such charges are separately 
17 brought and tried and arise out of different series of 
18 acts; or
19  (2) When a defendant is convicted of any felony and 
20 the court finds that the offense was accompanied by 
21 exceptionally brutal or heinous behavior indicative of 
22 wanton cruelty; or
23  (3) When a defendant is convicted of any felony 
24 committed against:
25   (i) a person under 12 years of age at the time of 
26 the offense or such person's property;
 
 
HB4304- 397 -LRB103 35638 RLC 65713 b


1   (ii) a person 60 years of age or older at the time 
2 of the offense or such person's property; or
3   (iii) a person who had a physical disability at 
4 the time of the offense or such person's property; or
5  (4) When a defendant is convicted of any felony and 
6 the offense involved any of the following types of 
7 specific misconduct committed as part of a ceremony, rite, 
8 initiation, observance, performance, practice or activity 
9 of any actual or ostensible religious, fraternal, or 
10 social group:
11   (i) the brutalizing or torturing of humans or 
12 animals;
13   (ii) the theft of human corpses;
14   (iii) the kidnapping of humans;
15   (iv) the desecration of any cemetery, religious, 
16 fraternal, business, governmental, educational, or 
17 other building or property; or
18   (v) ritualized abuse of a child; or
19  (5) When a defendant is convicted of a felony other 
20 than conspiracy and the court finds that the felony was 
21 committed under an agreement with 2 or more other persons 
22 to commit that offense and the defendant, with respect to 
23 the other individuals, occupied a position of organizer, 
24 supervisor, financier, or any other position of management 
25 or leadership, and the court further finds that the felony 
26 committed was related to or in furtherance of the criminal 
 
 
HB4304- 398 -LRB103 35638 RLC 65713 b


1 activities of an organized gang or was motivated by the 
2 defendant's leadership in an organized gang; or
3  (6) When a defendant is convicted of an offense 
4 committed while using a firearm with a laser sight 
5 attached to it. For purposes of this paragraph, "laser 
6 sight" has the meaning ascribed to it in Section 26-7 of 
7 the Criminal Code of 2012; or
8  (7) When a defendant who was at least 17 years of age 
9 at the time of the commission of the offense is convicted 
10 of a felony and has been previously adjudicated a 
11 delinquent minor under the Juvenile Court Act of 1987 for 
12 an act that if committed by an adult would be a Class X or 
13 Class 1 felony when the conviction has occurred within 10 
14 years after the previous adjudication, excluding time 
15 spent in custody; or
16  (8) When a defendant commits any felony and the 
17 defendant used, possessed, exercised control over, or 
18 otherwise directed an animal to assault a law enforcement 
19 officer engaged in the execution of his or her official 
20 duties or in furtherance of the criminal activities of an 
21 organized gang in which the defendant is engaged; or 
22  (9) When a defendant commits any felony and the 
23 defendant knowingly video or audio records the offense 
24 with the intent to disseminate the recording. 
25 (c) The following factors may be considered by the court 
26as reasons to impose an extended term sentence under Section 
 
 
HB4304- 399 -LRB103 35638 RLC 65713 b


15-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed 
2offenses:
3  (1) When a defendant is convicted of first degree 
4 murder, after having been previously convicted in Illinois 
5 of any offense listed under paragraph (c)(2) of Section 
6 5-5-3 (730 ILCS 5/5-5-3), when that conviction has 
7 occurred within 10 years after the previous conviction, 
8 excluding time spent in custody, and the charges are 
9 separately brought and tried and arise out of different 
10 series of acts.
11  (1.5) When a defendant is convicted of first degree 
12 murder, after having been previously convicted of domestic 
13 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
14 (720 ILCS 5/12-3.3) committed on the same victim or after 
15 having been previously convicted of violation of an order 
16 of protection (720 ILCS 5/12-30) in which the same victim 
17 was the protected person. 
18  (2) When a defendant is convicted of voluntary 
19 manslaughter, second degree murder, involuntary 
20 manslaughter, or reckless homicide in which the defendant 
21 has been convicted of causing the death of more than one 
22 individual.
23  (3) When a defendant is convicted of aggravated 
24 criminal sexual assault or criminal sexual assault, when 
25 there is a finding that aggravated criminal sexual assault 
26 or criminal sexual assault was also committed on the same 
 
 
HB4304- 400 -LRB103 35638 RLC 65713 b


1 victim by one or more other individuals, and the defendant 
2 voluntarily participated in the crime with the knowledge 
3 of the participation of the others in the crime, and the 
4 commission of the crime was part of a single course of 
5 conduct during which there was no substantial change in 
6 the nature of the criminal objective.
7  (4) If the victim was under 18 years of age at the time 
8 of the commission of the offense, when a defendant is 
9 convicted of aggravated criminal sexual assault or 
10 predatory criminal sexual assault of a child under 
11 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
12 of Section 12-14.1 of the Criminal Code of 1961 or the 
13 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
14  (5) When a defendant is convicted of a felony 
15 violation of Section 24-1 of the Criminal Code of 1961 or 
16 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
17 finding that the defendant is a member of an organized 
18 gang.
19  (6) When a defendant was convicted of unlawful use of 
20 weapons under Section 24-1 of the Criminal Code of 1961 or 
21 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
22 a weapon that is not readily distinguishable as one of the 
23 weapons enumerated in Section 24-1 of the Criminal Code of 
24 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
25  (7) When a defendant is convicted of an offense 
26 involving the illegal manufacture of a controlled 
 
 
HB4304- 401 -LRB103 35638 RLC 65713 b


1 substance under Section 401 of the Illinois Controlled 
2 Substances Act (720 ILCS 570/401), the illegal manufacture 
3 of methamphetamine under Section 25 of the Methamphetamine 
4 Control and Community Protection Act (720 ILCS 646/25), or 
5 the illegal possession of explosives and an emergency 
6 response officer in the performance of his or her duties 
7 is killed or injured at the scene of the offense while 
8 responding to the emergency caused by the commission of 
9 the offense. In this paragraph, "emergency" means a 
10 situation in which a person's life, health, or safety is 
11 in jeopardy; and "emergency response officer" means a 
12 peace officer, community policing volunteer, fireman, 
13 emergency medical technician-ambulance, emergency medical 
14 technician-intermediate, emergency medical 
15 technician-paramedic, ambulance driver, other medical 
16 assistance or first aid personnel, or hospital emergency 
17 room personnel. 
18  (8) When the defendant is convicted of attempted mob 
19 action, solicitation to commit mob action, or conspiracy 
20 to commit mob action under Section 8-1, 8-2, or 8-4 of the 
21 Criminal Code of 2012, where the criminal object is a 
22 violation of Section 25-1 of the Criminal Code of 2012, 
23 and an electronic communication is used in the commission 
24 of the offense. For the purposes of this paragraph (8), 
25 "electronic communication" shall have the meaning provided 
26 in Section 26.5-0.1 of the Criminal Code of 2012. 
 
 
HB4304- 402 -LRB103 35638 RLC 65713 b


1 (d) For the purposes of this Section, "organized gang" has 
2the meaning ascribed to it in Section 10 of the Illinois 
3Streetgang Terrorism Omnibus Prevention Act.
4 (e) The court may impose an extended term sentence under 
5Article 4.5 of Chapter V upon an offender who has been 
6convicted of a felony violation of Section 11-1.20, 11-1.30, 
711-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
812-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
9when the victim of the offense is under 18 years of age at the 
10time of the commission of the offense and, during the 
11commission of the offense, the victim was under the influence 
12of alcohol, regardless of whether or not the alcohol was 
13supplied by the offender; and the offender, at the time of the 
14commission of the offense, knew or should have known that the 
15victim had consumed alcohol. 
16(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; 
17101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 
188-20-21; 102-982, eff. 7-1-23.)

19 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
20 Sec. 5-6-3. Conditions of probation and of conditional 
21discharge. 
22 (a) The conditions of probation and of conditional 
23discharge shall be that the person: 
24  (1) not violate any criminal statute of any 
25 jurisdiction; 
 
 
HB4304- 403 -LRB103 35638 RLC 65713 b


1  (2) report to or appear in person before such person 
2 or agency as directed by the court. To comply with the 
3 provisions of this paragraph (2), in lieu of requiring the 
4 person on probation or conditional discharge to appear in 
5 person for the required reporting or meetings, the officer 
6 may utilize technology, including cellular and other 
7 electronic communication devices or platforms, that allow 
8 for communication between the supervised person and the 
9 officer in accordance with standards and guidelines 
10 established by the Administrative Office of the Illinois 
11 Courts; 
12  (3) refrain from possessing a firearm or other 
13 dangerous weapon where the offense is a felony or, if a 
14 misdemeanor, the offense involved the intentional or 
15 knowing infliction of bodily harm or threat of bodily 
16 harm; 
17  (4) not leave the State without the consent of the 
18 court or, in circumstances in which the reason for the 
19 absence is of such an emergency nature that prior consent 
20 by the court is not possible, without the prior 
21 notification and approval of the person's probation 
22 officer. Transfer of a person's probation or conditional 
23 discharge supervision to another state is subject to 
24 acceptance by the other state pursuant to the Interstate 
25 Compact for Adult Offender Supervision; 
26  (5) permit the probation officer to visit him at his 
 
 
HB4304- 404 -LRB103 35638 RLC 65713 b


1 home or elsewhere to the extent necessary to discharge his 
2 duties; 
3  (6) perform no less than 30 hours of community service 
4 and not more than 120 hours of community service, if 
5 community service is available in the jurisdiction and is 
6 funded and approved by the county board where the offense 
7 was committed, where the offense was related to or in 
8 furtherance of the criminal activities of an organized 
9 gang and was motivated by the offender's membership in or 
10 allegiance to an organized gang. The community service 
11 shall include, but not be limited to, the cleanup and 
12 repair of any damage caused by a violation of Section 
13 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
14 2012 and similar damage to property located within the 
15 municipality or county in which the violation occurred. 
16 When possible and reasonable, the community service should 
17 be performed in the offender's neighborhood. For purposes 
18 of this Section, "organized gang" has the meaning ascribed 
19 to it in Section 10 of the Illinois Streetgang Terrorism 
20 Omnibus Prevention Act. The court may give credit toward 
21 the fulfillment of community service hours for 
22 participation in activities and treatment as determined by 
23 court services. Community service shall not interfere with 
24 the school hours, school-related activities, or work 
25 commitments of the minor or the minor's parent, guardian, 
26 or legal custodian; 
 
 
HB4304- 405 -LRB103 35638 RLC 65713 b


1  (7) if he or she is at least 17 years of age and has 
2 been sentenced to probation or conditional discharge for a 
3 misdemeanor or felony in a county of 3,000,000 or more 
4 inhabitants and has not been previously convicted of a 
5 misdemeanor or felony, may be required by the sentencing 
6 court to attend educational courses designed to prepare 
7 the defendant for a high school diploma and to work toward 
8 a high school diploma or to work toward passing high 
9 school equivalency testing or to work toward completing a 
10 vocational training program approved by the court. The 
11 person on probation or conditional discharge must attend a 
12 public institution of education to obtain the educational 
13 or vocational training required by this paragraph (7). The 
14 court shall revoke the probation or conditional discharge 
15 of a person who willfully fails to comply with this 
16 paragraph (7). The person on probation or conditional 
17 discharge shall be required to pay for the cost of the 
18 educational courses or high school equivalency testing if 
19 a fee is charged for those courses or testing. The court 
20 shall resentence the offender whose probation or 
21 conditional discharge has been revoked as provided in 
22 Section 5-6-4. This paragraph (7) does not apply to a 
23 person who has a high school diploma or has successfully 
24 passed high school equivalency testing. This paragraph (7) 
25 does not apply to a person who is determined by the court 
26 to be a person with a developmental disability or 
 
 
HB4304- 406 -LRB103 35638 RLC 65713 b


1 otherwise mentally incapable of completing the educational 
2 or vocational program; 
3  (8) if convicted of possession of a substance 
4 prohibited by the Cannabis Control Act, the Illinois 
5 Controlled Substances Act, or the Methamphetamine Control 
6 and Community Protection Act after a previous conviction 
7 or disposition of supervision for possession of a 
8 substance prohibited by the Cannabis Control Act or 
9 Illinois Controlled Substances Act or after a sentence of 
10 probation under Section 10 of the Cannabis Control Act, 
11 Section 410 of the Illinois Controlled Substances Act, or 
12 Section 70 of the Methamphetamine Control and Community 
13 Protection Act and upon a finding by the court that the 
14 person is addicted, undergo treatment at a substance abuse 
15 program approved by the court; 
16  (8.5) if convicted of a felony sex offense as defined 
17 in the Sex Offender Management Board Act, the person shall 
18 undergo and successfully complete sex offender treatment 
19 by a treatment provider approved by the Board and 
20 conducted in conformance with the standards developed 
21 under the Sex Offender Management Board Act;
22  (8.6) if convicted of a sex offense as defined in the 
23 Sex Offender Management Board Act, refrain from residing 
24 at the same address or in the same condominium unit or 
25 apartment unit or in the same condominium complex or 
26 apartment complex with another person he or she knows or 
 
 
HB4304- 407 -LRB103 35638 RLC 65713 b


1 reasonably should know is a convicted sex offender or has 
2 been placed on supervision for a sex offense; the 
3 provisions of this paragraph do not apply to a person 
4 convicted of a sex offense who is placed in a Department of 
5 Corrections licensed transitional housing facility for sex 
6 offenders;
7  (8.7) if convicted for an offense committed on or 
8 after June 1, 2008 (the effective date of Public Act 
9 95-464) that would qualify the accused as a child sex 
10 offender as defined in Section 11-9.3 or 11-9.4 of the 
11 Criminal Code of 1961 or the Criminal Code of 2012, 
12 refrain from communicating with or contacting, by means of 
13 the Internet, a person who is not related to the accused 
14 and whom the accused reasonably believes to be under 18 
15 years of age; for purposes of this paragraph (8.7), 
16 "Internet" has the meaning ascribed to it in Section 
17 16-0.1 of the Criminal Code of 2012; and a person is not 
18 related to the accused if the person is not: (i) the 
19 spouse, brother, or sister of the accused; (ii) a 
20 descendant of the accused; (iii) a first or second cousin 
21 of the accused; or (iv) a step-child or adopted child of 
22 the accused;
23  (8.8) if convicted for an offense under Section 11-6, 
24 11-9.1, 11-14.4 that involves soliciting for a juvenile 
25 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
26 of the Criminal Code of 1961 or the Criminal Code of 2012, 
 
 
HB4304- 408 -LRB103 35638 RLC 65713 b


1 or any attempt to commit any of these offenses, committed 
2 on or after June 1, 2009 (the effective date of Public Act 
3 95-983):
4   (i) not access or use a computer or any other 
5 device with Internet capability without the prior 
6 written approval of the offender's probation officer, 
7 except in connection with the offender's employment or 
8 search for employment with the prior approval of the 
9 offender's probation officer;
10   (ii) submit to periodic unannounced examinations 
11 of the offender's computer or any other device with 
12 Internet capability by the offender's probation 
13 officer, a law enforcement officer, or assigned 
14 computer or information technology specialist, 
15 including the retrieval and copying of all data from 
16 the computer or device and any internal or external 
17 peripherals and removal of such information, 
18 equipment, or device to conduct a more thorough 
19 inspection;
20   (iii) submit to the installation on the offender's 
21 computer or device with Internet capability, at the 
22 offender's expense, of one or more hardware or 
23 software systems to monitor the Internet use; and
24   (iv) submit to any other appropriate restrictions 
25 concerning the offender's use of or access to a 
26 computer or any other device with Internet capability 
 
 
HB4304- 409 -LRB103 35638 RLC 65713 b


1 imposed by the offender's probation officer; 
2  (8.9) if convicted of a sex offense as defined in the 
3 Sex Offender Registration Act committed on or after 
4 January 1, 2010 (the effective date of Public Act 96-262), 
5 refrain from accessing or using a social networking 
6 website as defined in Section 17-0.5 of the Criminal Code 
7 of 2012; 
8  (9) if convicted of a felony or of any misdemeanor 
9 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
10 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
11 2012 that was determined, pursuant to Section 112A-11.1 of 
12 the Code of Criminal Procedure of 1963, to trigger the 
13 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
14 at a time and place designated by the court, his or her 
15 Firearm Owner's Identification Card and any and all 
16 firearms in his or her possession. The Court shall return 
17 to the Illinois State Police Firearm Owner's 
18 Identification Card Office the person's Firearm Owner's 
19 Identification Card; 
20  (10) if convicted of a sex offense as defined in 
21 subsection (a-5) of Section 3-1-2 of this Code, unless the 
22 offender is a parent or guardian of the person under 18 
23 years of age present in the home and no non-familial 
24 minors are present, not participate in a holiday event 
25 involving children under 18 years of age, such as 
26 distributing candy or other items to children on 
 
 
HB4304- 410 -LRB103 35638 RLC 65713 b


1 Halloween, wearing a Santa Claus costume on or preceding 
2 Christmas, being employed as a department store Santa 
3 Claus, or wearing an Easter Bunny costume on or preceding 
4 Easter; 
5  (11) if convicted of a sex offense as defined in 
6 Section 2 of the Sex Offender Registration Act committed 
7 on or after January 1, 2010 (the effective date of Public 
8 Act 96-362) that requires the person to register as a sex 
9 offender under that Act, may not knowingly use any 
10 computer scrub software on any computer that the sex 
11 offender uses; 
12  (12) if convicted of a violation of the 
13 Methamphetamine Control and Community Protection Act, the 
14 Methamphetamine Precursor Control Act, or a 
15 methamphetamine related offense:
16   (A) prohibited from purchasing, possessing, or 
17 having under his or her control any product containing 
18 pseudoephedrine unless prescribed by a physician; and
19   (B) prohibited from purchasing, possessing, or 
20 having under his or her control any product containing 
21 ammonium nitrate; and
22  (13) if convicted of a hate crime involving the 
23 protected class identified in subsection (a) of Section 
24 12-7.1 of the Criminal Code of 2012 that gave rise to the 
25 offense the offender committed, perform public or 
26 community service of no less than 200 hours and enroll in 
 
 
HB4304- 411 -LRB103 35638 RLC 65713 b


1 an educational program discouraging hate crimes that 
2 includes racial, ethnic, and cultural sensitivity training 
3 ordered by the court. 
4 (b) The Court may in addition to other reasonable 
5conditions relating to the nature of the offense or the 
6rehabilitation of the defendant as determined for each 
7defendant in the proper discretion of the Court require that 
8the person: 
9  (1) serve a term of periodic imprisonment under 
10 Article 7 for a period not to exceed that specified in 
11 paragraph (d) of Section 5-7-1; 
12  (2) pay a fine and costs; 
13  (3) work or pursue a course of study or vocational 
14 training; 
15  (4) undergo medical, psychological or psychiatric 
16 treatment; or treatment for drug addiction or alcoholism; 
17  (5) attend or reside in a facility established for the 
18 instruction or residence of defendants on probation; 
19  (6) support his dependents; 
20  (7) and in addition, if a minor: 
21   (i) reside with his parents or in a foster home; 
22   (ii) attend school; 
23   (iii) attend a non-residential program for youth; 
24   (iv) provide nonfinancial contributions to his own 
25 support at home or in a foster home; 
26   (v) with the consent of the superintendent of the 
 
 
HB4304- 412 -LRB103 35638 RLC 65713 b


1 facility, attend an educational program at a facility 
2 other than the school in which the offense was 
3 committed if he or she is convicted of a crime of 
4 violence as defined in Section 2 of the Crime Victims 
5 Compensation Act committed in a school, on the real 
6 property comprising a school, or within 1,000 feet of 
7 the real property comprising a school; 
8  (8) make restitution as provided in Section 5-5-6 of 
9 this Code; 
10  (9) perform some reasonable public or community 
11 service; 
12  (10) serve a term of home confinement. In addition to 
13 any other applicable condition of probation or conditional 
14 discharge, the conditions of home confinement shall be 
15 that the offender: 
16   (i) remain within the interior premises of the 
17 place designated for his confinement during the hours 
18 designated by the court; 
19   (ii) admit any person or agent designated by the 
20 court into the offender's place of confinement at any 
21 time for purposes of verifying the offender's 
22 compliance with the conditions of his confinement; and 
23   (iii) if further deemed necessary by the court or 
24 the probation or court services department Probation 
25 or Court Services Department, be placed on an approved 
26 electronic monitoring device, subject to Article 8A of 
 
 
HB4304- 413 -LRB103 35638 RLC 65713 b


1 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 
 
 
HB4304- 414 -LRB103 35638 RLC 65713 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 
 
 
HB4304- 415 -LRB103 35638 RLC 65713 b


1 fund. The Chief Judge of the circuit court of the 
2 county may by administrative order establish a program 
3 for electronic monitoring of offenders, in which a 
4 vendor supplies and monitors the operation of the 
5 electronic monitoring device, and collects the fees on 
6 behalf of the county. The program shall include 
7 provisions for indigent offenders and the collection 
8 of unpaid fees. The program shall not unduly burden 
9 the offender and shall be subject to review by the 
10 Chief Judge. 
11   The Chief Judge of the circuit court may suspend 
12 any additional charges or fees for late payment, 
13 interest, or damage to any device. 
14  (11) comply with the terms and conditions of an order 
15 of protection issued by the court pursuant to the Illinois 
16 Domestic Violence Act of 1986, as now or hereafter 
17 amended, or an order of protection issued by the court of 
18 another state, tribe, or United States territory. A copy 
19 of the order of protection shall be transmitted to the 
20 probation officer or agency having responsibility for the 
21 case; 
22  (12) reimburse any "local anti-crime program" as 
23 defined in Section 7 of the Anti-Crime Advisory Council 
24 Act for any reasonable expenses incurred by the program on 
25 the offender's case, not to exceed the maximum amount of 
26 the fine authorized for the offense for which the 
 
 
HB4304- 416 -LRB103 35638 RLC 65713 b


1 defendant was sentenced; 
2  (13) contribute a reasonable sum of money, not to 
3 exceed the maximum amount of the fine authorized for the 
4 offense for which the defendant was sentenced, (i) to a 
5 "local anti-crime program", as defined in Section 7 of the 
6 Anti-Crime Advisory Council Act, or (ii) for offenses 
7 under the jurisdiction of the Department of Natural 
8 Resources, to the fund established by the Department of 
9 Natural Resources for the purchase of evidence for 
10 investigation purposes and to conduct investigations as 
11 outlined in Section 805-105 of the Department of Natural 
12 Resources (Conservation) Law; 
13  (14) refrain from entering into a designated 
14 geographic area except upon such terms as the court finds 
15 appropriate. Such terms may include consideration of the 
16 purpose of the entry, the time of day, other persons 
17 accompanying the defendant, and advance approval by a 
18 probation officer, if the defendant has been placed on 
19 probation or advance approval by the court, if the 
20 defendant was placed on conditional discharge; 
21  (15) refrain from having any contact, directly or 
22 indirectly, with certain specified persons or particular 
23 types of persons, including, but not limited to, members 
24 of street gangs and drug users or dealers; 
25  (16) refrain from having in his or her body the 
26 presence of any illicit drug prohibited by the Illinois 
 
 
HB4304- 417 -LRB103 35638 RLC 65713 b


1 Controlled Substances Act or the Methamphetamine Control 
2 and Community Protection Act, unless prescribed by a 
3 physician, and submit samples of his or her blood or urine 
4 or both for tests to determine the presence of any illicit 
5 drug;
6  (17) if convicted for an offense committed on or after 
7 June 1, 2008 (the effective date of Public Act 95-464) 
8 that would qualify the accused as a child sex offender as 
9 defined in Section 11-9.3 or 11-9.4 of the Criminal Code 
10 of 1961 or the Criminal Code of 2012, refrain from 
11 communicating with or contacting, by means of the 
12 Internet, a person who is related to the accused and whom 
13 the accused reasonably believes to be under 18 years of 
14 age; for purposes of this paragraph (17), "Internet" has 
15 the meaning ascribed to it in Section 16-0.1 of the 
16 Criminal Code of 2012; and a person is related to the 
17 accused if the person is: (i) the spouse, brother, or 
18 sister of the accused; (ii) a descendant of the accused; 
19 (iii) a first or second cousin of the accused; or (iv) a 
20 step-child or adopted child of the accused;
21  (18) if convicted for an offense committed on or after 
22 June 1, 2009 (the effective date of Public Act 95-983) 
23 that would qualify as a sex offense as defined in the Sex 
24 Offender Registration Act:
25   (i) not access or use a computer or any other 
26 device with Internet capability without the prior 
 
 
HB4304- 418 -LRB103 35638 RLC 65713 b


1 written approval of the offender's probation officer, 
2 except in connection with the offender's employment or 
3 search for employment with the prior approval of the 
4 offender's probation officer;
5   (ii) submit to periodic unannounced examinations 
6 of the offender's computer or any other device with 
7 Internet capability by the offender's probation 
8 officer, a law enforcement officer, or assigned 
9 computer or information technology specialist, 
10 including the retrieval and copying of all data from 
11 the computer or device and any internal or external 
12 peripherals and removal of such information, 
13 equipment, or device to conduct a more thorough 
14 inspection;
15   (iii) submit to the installation on the offender's 
16 computer or device with Internet capability, at the 
17 subject's expense, of one or more hardware or software 
18 systems to monitor the Internet use; and
19   (iv) submit to any other appropriate restrictions 
20 concerning the offender's use of or access to a 
21 computer or any other device with Internet capability 
22 imposed by the offender's probation officer; and 
23  (19) refrain from possessing a firearm or other 
24 dangerous weapon where the offense is a misdemeanor that 
25 did not involve the intentional or knowing infliction of 
26 bodily harm or threat of bodily harm. 
 
 
HB4304- 419 -LRB103 35638 RLC 65713 b


1 (c) The court may as a condition of probation or of 
2conditional discharge require that a person under 18 years of 
3age found guilty of any alcohol, cannabis or controlled 
4substance violation, refrain from acquiring a driver's license 
5during the period of probation or conditional discharge. If 
6such person is in possession of a permit or license, the court 
7may require that the minor refrain from driving or operating 
8any motor vehicle during the period of probation or 
9conditional discharge, except as may be necessary in the 
10course of the minor's lawful employment. 
11 (d) An offender sentenced to probation or to conditional 
12discharge shall be given a certificate setting forth the 
13conditions thereof. 
14 (e) Except where the offender has committed a fourth or 
15subsequent violation of subsection (c) of Section 6-303 of the 
16Illinois Vehicle Code, the court shall not require as a 
17condition of the sentence of probation or conditional 
18discharge that the offender be committed to a period of 
19imprisonment in excess of 6 months. This 6-month limit shall 
20not include periods of confinement given pursuant to a 
21sentence of county impact incarceration under Section 5-8-1.2.
22 Persons committed to imprisonment as a condition of 
23probation or conditional discharge shall not be committed to 
24the Department of Corrections. 
25 (f) The court may combine a sentence of periodic 
26imprisonment under Article 7 or a sentence to a county impact 
 
 
HB4304- 420 -LRB103 35638 RLC 65713 b


1incarceration program under Article 8 with a sentence of 
2probation or conditional discharge. 
3 (g) An offender sentenced to probation or to conditional 
4discharge and who during the term of either undergoes 
5mandatory drug or alcohol testing, or both, or is assigned to 
6be placed on an approved electronic monitoring device, shall 
7be ordered to pay all costs incidental to such mandatory drug 
8or alcohol testing, or both, and all costs incidental to such 
9approved electronic monitoring in accordance with the 
10defendant's ability to pay those costs. The county board with 
11the concurrence of the Chief Judge of the judicial circuit in 
12which the county is located shall establish reasonable fees 
13for the cost of maintenance, testing, and incidental expenses 
14related to the mandatory drug or alcohol testing, or both, and 
15all costs incidental to approved electronic monitoring, 
16involved in a successful probation program for the county. The 
17concurrence of the Chief Judge shall be in the form of an 
18administrative order. The fees shall be collected by the clerk 
19of the circuit court, except as provided in an administrative 
20order of the Chief Judge of the circuit court. The clerk of the 
21circuit court shall pay all moneys collected from these fees 
22to the county treasurer who shall use the moneys collected to 
23defray the costs of drug testing, alcohol testing, and 
24electronic monitoring. The county treasurer shall deposit the 
25fees collected in the county working cash fund under Section 
266-27001 or Section 6-29002 of the Counties Code, as the case 
 
 
HB4304- 421 -LRB103 35638 RLC 65713 b


1may be. The Chief Judge of the circuit court of the county may 
2by administrative order establish a program for electronic 
3monitoring of offenders, in which a vendor supplies and 
4monitors the operation of the electronic monitoring device, 
5and collects the fees on behalf of the county. The program 
6shall include provisions for indigent offenders and the 
7collection of unpaid fees. The program shall not unduly burden 
8the offender and shall be subject to review by the Chief Judge. 
9A person shall not be assessed costs or fees for mandatory 
10testing for drugs, alcohol, or both, if the person is an 
11indigent person as defined in paragraph (2) of subsection (a) 
12of Section 5-105 of the Code of Civil Procedure.
13 The Chief Judge of the circuit court may suspend any 
14additional charges or fees for late payment, interest, or 
15damage to any device. 
16 (h) Jurisdiction over an offender may be transferred from 
17the sentencing court to the court of another circuit with the 
18concurrence of both courts. Further transfers or retransfers 
19of jurisdiction are also authorized in the same manner. The 
20court to which jurisdiction has been transferred shall have 
21the same powers as the sentencing court. The probation 
22department within the circuit to which jurisdiction has been 
23transferred, or which has agreed to provide supervision, may 
24impose probation fees upon receiving the transferred offender, 
25as provided in subsection (i). For all transfer cases, as 
26defined in Section 9b of the Probation and Probation Officers 
 
 
HB4304- 422 -LRB103 35638 RLC 65713 b


1Act, the probation department from the original sentencing 
2court shall retain all probation fees collected prior to the 
3transfer. After the transfer, all probation fees shall be paid 
4to the probation department within the circuit to which 
5jurisdiction has been transferred.
6 (i) The court shall impose upon an offender sentenced to 
7probation after January 1, 1989 or to conditional discharge 
8after January 1, 1992 or to community service under the 
9supervision of a probation or court services department after 
10January 1, 2004, as a condition of such probation or 
11conditional discharge or supervised community service, a fee 
12of $50 for each month of probation or conditional discharge 
13supervision or supervised community service ordered by the 
14court, unless after determining the inability of the person 
15sentenced to probation or conditional discharge or supervised 
16community service to pay the fee, the court assesses a lesser 
17fee. The court may not impose the fee on a minor who is placed 
18in the guardianship or custody of the Department of Children 
19and Family Services under the Juvenile Court Act of 1987 while 
20the minor is in placement. The fee shall be imposed only upon 
21an offender who is actively supervised by the probation and 
22court services department. The fee shall be collected by the 
23clerk of the circuit court. The clerk of the circuit court 
24shall pay all monies collected from this fee to the county 
25treasurer for deposit in the probation and court services fund 
26under Section 15.1 of the Probation and Probation Officers 
 
 
HB4304- 423 -LRB103 35638 RLC 65713 b


1Act. 
2 A circuit court may not impose a probation fee under this 
3subsection (i) in excess of $25 per month unless the circuit 
4court has adopted, by administrative order issued by the Chief 
5Judge chief judge, a standard probation fee guide determining 
6an offender's ability to pay. Of the amount collected as a 
7probation fee, up to $5 of that fee collected per month may be 
8used to provide services to crime victims and their families.
9 The Court may only waive probation fees based on an 
10offender's ability to pay. The probation department may 
11re-evaluate an offender's ability to pay every 6 months, and, 
12with the approval of the Director of Court Services or the 
13Chief Probation Officer, adjust the monthly fee amount. An 
14offender may elect to pay probation fees due in a lump sum. Any 
15offender that has been assigned to the supervision of a 
16probation department, or has been transferred either under 
17subsection (h) of this Section or under any interstate 
18compact, shall be required to pay probation fees to the 
19department supervising the offender, based on the offender's 
20ability to pay. 
21 Public Act 93-970 deletes the $10 increase in the fee 
22under this subsection that was imposed by Public Act 93-616. 
23This deletion is intended to control over any other Act of the 
2493rd General Assembly that retains or incorporates that fee 
25increase.
26 (i-5) In addition to the fees imposed under subsection (i) 
 
 
HB4304- 424 -LRB103 35638 RLC 65713 b


1of this Section, in the case of an offender convicted of a 
2felony sex offense (as defined in the Sex Offender Management 
3Board Act) or an offense that the court or probation 
4department has determined to be sexually motivated (as defined 
5in the Sex Offender Management Board Act), the court or the 
6probation department shall assess additional fees to pay for 
7all costs of treatment, assessment, evaluation for risk and 
8treatment, and monitoring the offender, based on that 
9offender's ability to pay those costs either as they occur or 
10under a payment plan.
11 (j) All fines and costs imposed under this Section for any 
12violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
13Code, or a similar provision of a local ordinance, and any 
14violation of the Child Passenger Protection Act, or a similar 
15provision of a local ordinance, shall be collected and 
16disbursed by the circuit clerk as provided under the Criminal 
17and Traffic Assessment Act. 
18 (k) Any offender who is sentenced to probation or 
19conditional discharge for a felony sex offense as defined in 
20the Sex Offender Management Board Act or any offense that the 
21court or probation department has determined to be sexually 
22motivated as defined in the Sex Offender Management Board Act 
23shall be required to refrain from any contact, directly or 
24indirectly, with any persons specified by the court and shall 
25be available for all evaluations and treatment programs 
26required by the court or the probation department. 
 
 
HB4304- 425 -LRB103 35638 RLC 65713 b


1 (l) The court may order an offender who is sentenced to 
2probation or conditional discharge for a violation of an order 
3of protection be placed under electronic surveillance as 
4provided in Section 5-8A-7 of this Code.
5 (m) Except for restitution, and assessments issued for 
6adjudications under Section 5-125 of the Juvenile Court Act of 
71987, fines and assessments, such as fees or administrative 
8costs, authorized under this Section shall not be ordered or 
9imposed on a minor subject to Article III, IV, or V of the 
10Juvenile Court Act of 1987, or a minor under the age of 18 
11transferred to adult court or excluded from juvenile court 
12jurisdiction under Article V of the Juvenile Court Act of 
131987, or the minor's parent, guardian, or legal custodian. 
14 (n) (m) A person on probation, conditional discharge, or 
15supervision shall not be ordered to refrain from having 
16cannabis or alcohol in his or her body unless:
17  (1) the person is under 21 years old;
18  (2) the person was sentenced to probation, conditional 
19 discharge, or supervision for an offense which had as an 
20 element of the offense the presence of an intoxicating 
21 compound in the person's body;
22  (3) the person is participating in a problem-solving 
23 court certified by the Illinois Supreme Court;
24  (4) the person has undergone a validated clinical 
25 assessment and the clinical treatment plan includes 
26 alcohol or cannabis testing; or
 
 
HB4304- 426 -LRB103 35638 RLC 65713 b


1  (5) a court ordered evaluation recommends that the 
2 person refrain from using alcohol or cannabis, provided 
3 the evaluation is a validated clinical assessment and the 
4 recommendation originates from a clinical treatment plan.
5 If the court has made findings that alcohol use was a 
6contributing factor in the commission of the underlying 
7offense, the court may order a person on probation, 
8conditional discharge, or supervision to refrain from having 
9alcohol in his or her body during the time between sentencing 
10and the completion of a validated clinical assessment, 
11provided that such order shall not exceed 30 days and shall be 
12terminated if the clinical treatment plan does not recommend 
13abstinence or testing, or both. 
14 In this subsection (n) (m), "validated clinical 
15assessment" and "clinical treatment plan" have the meanings 
16ascribed to them in Section 10 of the Drug Court Treatment Act. 
17 In any instance in which the court orders testing for 
18cannabis or alcohol, the court shall state the reasonable 
19relation the condition has to the person's crime for which the 
20person was placed on probation, conditional discharge, or 
21supervision.
22 (o) (n) A person on probation, conditional discharge, or 
23supervision shall not be ordered to refrain from use or 
24consumption of any substance lawfully prescribed by a medical 
25provider or authorized by the Compassionate Use of Medical 
26Cannabis Program Act, except where use is prohibited in 
 
 
HB4304- 427 -LRB103 35638 RLC 65713 b


1paragraph (3) or (4) of subsection (n) (m). 
2(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 
3103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff. 
41-1-24; revised 8-28-23.)

5 Section 95. The Stalking No Contact Order Act is amended 
6by changing Section 80 as follows:

7 (740 ILCS 21/80)
8 Sec. 80. Stalking no contact orders; remedies.
9 (a) If the court finds that the petitioner has been a 
10victim of stalking, a stalking no contact order shall issue; 
11provided that the petitioner must also satisfy the 
12requirements of Section 95 on emergency orders or Section 100 
13on plenary orders. The petitioner shall not be denied a 
14stalking no contact order because the petitioner or the 
15respondent is a minor. The court, when determining whether or 
16not to issue a stalking no contact order, may not require 
17physical injury on the person of the petitioner. Modification 
18and extension of prior stalking no contact orders shall be in 
19accordance with this Act.
20 (b) A stalking no contact order shall order one or more of 
21the following:
22  (1) prohibit the respondent from threatening to commit 
23 or committing stalking;
24  (2) order the respondent not to have any contact with 
 
 
HB4304- 428 -LRB103 35638 RLC 65713 b


1 the petitioner or a third person specifically named by the 
2 court;
3  (3) prohibit the respondent from knowingly coming 
4 within, or knowingly remaining within a specified distance 
5 of the petitioner or the petitioner's residence, school, 
6 daycare, or place of employment, or any specified place 
7 frequented by the petitioner; however, the court may order 
8 the respondent to stay away from the respondent's own 
9 residence, school, or place of employment only if the 
10 respondent has been provided actual notice of the 
11 opportunity to appear and be heard on the petition;
12  (4) prohibit the respondent from possessing a Firearm 
13 Owners Identification Card, or possessing or buying 
14 firearms; and
15  (5) order other injunctive relief the court determines 
16 to be necessary to protect the petitioner or third party 
17 specifically named by the court.
18 (b-5) When the petitioner and the respondent attend the 
19same public, private, or non-public elementary, middle, or 
20high school, the court when issuing a stalking no contact 
21order and providing relief shall consider the severity of the 
22act, any continuing physical danger or emotional distress to 
23the petitioner, the educational rights guaranteed to the 
24petitioner and respondent under federal and State law, the 
25availability of a transfer of the respondent to another 
26school, a change of placement or a change of program of the 
 
 
HB4304- 429 -LRB103 35638 RLC 65713 b


1respondent, the expense, difficulty, and educational 
2disruption that would be caused by a transfer of the 
3respondent to another school, and any other relevant facts of 
4the case. The court may order that the respondent not attend 
5the public, private, or non-public elementary, middle, or high 
6school attended by the petitioner, order that the respondent 
7accept a change of placement or program, as determined by the 
8school district or private or non-public school, or place 
9restrictions on the respondent's movements within the school 
10attended by the petitioner. The respondent bears the burden of 
11proving by a preponderance of the evidence that a transfer, 
12change of placement, or change of program of the respondent is 
13not available. The respondent also bears the burden of 
14production with respect to the expense, difficulty, and 
15educational disruption that would be caused by a transfer of 
16the respondent to another school. A transfer, change of 
17placement, or change of program is not unavailable to the 
18respondent solely on the ground that the respondent does not 
19agree with the school district's or private or non-public 
20school's transfer, change of placement, or change of program 
21or solely on the ground that the respondent fails or refuses to 
22consent to or otherwise does not take an action required to 
23effectuate a transfer, change of placement, or change of 
24program. When a court orders a respondent to stay away from the 
25public, private, or non-public school attended by the 
26petitioner and the respondent requests a transfer to another 
 
 
HB4304- 430 -LRB103 35638 RLC 65713 b


1attendance center within the respondent's school district or 
2private or non-public school, the school district or private 
3or non-public school shall have sole discretion to determine 
4the attendance center to which the respondent is transferred. 
5In the event the court order results in a transfer of the minor 
6respondent to another attendance center, a change in the 
7respondent's placement, or a change of the respondent's 
8program, the parents, guardian, or legal custodian of the 
9respondent is responsible for transportation and other costs 
10associated with the transfer or change. 
11 (b-6) The court may order the parents, guardian, or legal 
12custodian of a minor respondent to take certain actions or to 
13refrain from taking certain actions to ensure that the 
14respondent complies with the order. In the event the court 
15orders a transfer of the respondent to another school, the 
16parents, guardian, or legal custodian of the respondent are 
17responsible for transportation and other costs associated with 
18the change of school by the respondent. 
19 (b-7) The court shall not hold a school district or 
20private or non-public school or any of its employees in civil 
21or criminal contempt unless the school district or private or 
22non-public school has been allowed to intervene.
23 (b-8) The court may hold the parents, guardian, or legal 
24custodian of a minor respondent in civil or criminal contempt 
25for a violation of any provision of any order entered under 
26this Act for conduct of the minor respondent in violation of 
 
 
HB4304- 431 -LRB103 35638 RLC 65713 b


1this Act if the parents, guardian, or legal custodian 
2directed, encouraged, or assisted the respondent minor in such 
3conduct. 
4 (c) The court may award the petitioner costs and attorneys 
5fees if a stalking no contact order is granted.
6 (d) Monetary damages are not recoverable as a remedy.
7 (e) If the stalking no contact order prohibits the 
8respondent from possessing a Firearm Owner's Identification 
9Card, or possessing or buying firearms; the court shall 
10confiscate the respondent's firearms Firearm Owner's 
11Identification Card and immediately return the card to the 
12Illinois State Police Firearm Owner's Identification Card 
13Office. 
14(Source: P.A. 102-538, eff. 8-20-21.)

15 Section 100. The Mental Health and Developmental 
16Disabilities Confidentiality Act is amended by changing 
17Section 12 as follows:

18 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
19 Sec. 12. (a) If the United States Secret Service or the 
20Illinois State Police requests information from a mental 
21health or developmental disability facility, as defined in 
22Section 1-107 and 1-114 of the Mental Health and Developmental 
23Disabilities Code, relating to a specific recipient and the 
24facility director determines that disclosure of such 
 
 
HB4304- 432 -LRB103 35638 RLC 65713 b


1information may be necessary to protect the life of, or to 
2prevent the infliction of great bodily harm to, a public 
3official, or a person under the protection of the United 
4States Secret Service, only the following information may be 
5disclosed: the recipient's name, address, and age and the date 
6of any admission to or discharge from a facility; and any 
7information which would indicate whether or not the recipient 
8has a history of violence or presents a danger of violence to 
9the person under protection. Any information so disclosed 
10shall be used for investigative purposes only and shall not be 
11publicly disseminated. Any person participating in good faith 
12in the disclosure of such information in accordance with this 
13provision shall have immunity from any liability, civil, 
14criminal or otherwise, if such information is disclosed 
15relying upon the representation of an officer of the United 
16States Secret Service or the Illinois State Police that a 
17person is under the protection of the United States Secret 
18Service or is a public official.
19 For the purpose of this subsection (a), the term "public 
20official" means the Governor, Lieutenant Governor, Attorney 
21General, Secretary of State, State Comptroller, State 
22Treasurer, member of the General Assembly, member of the 
23United States Congress, Judge of the United States as defined 
24in 28 U.S.C. 451, Justice of the United States as defined in 28 
25U.S.C. 451, United States Magistrate Judge as defined in 28 
26U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or 
 
 
HB4304- 433 -LRB103 35638 RLC 65713 b


1Supreme, Appellate, Circuit, or Associate Judge of the State 
2of Illinois. The term shall also include the spouse, child or 
3children of a public official.
4 (b) The Department of Human Services (acting as successor 
5to the Department of Mental Health and Developmental 
6Disabilities) and all public or private hospitals and mental 
7health facilities are required, as hereafter described in this 
8subsection, to furnish the Illinois State Police only such 
9information as may be required for the sole purpose of 
10determining whether an individual who may be or may have been a 
11patient is disqualified because of that status from receiving 
12or retaining a firearm under paragraph (4) of subsection (a) 
13of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's 
14Identification Card or falls within the federal prohibitors 
15under subsection (e), (f), (g), (r), (s), or (t) of Section 8 
16of the Firearm Owners Identification Card Act, or falls within 
17the federal prohibitors in 18 U.S.C. 922(g) and (n). All 
18physicians, clinical psychologists, or qualified examiners at 
19public or private mental health facilities or parts thereof as 
20defined in this subsection shall, in the form and manner 
21required by the Department, provide notice directly to the 
22Department of Human Services, or to his or her employer who 
23shall then report to the Department, within 24 hours after 
24determining that a person poses a clear and present danger to 
25himself, herself, or others, or within 7 days after a person 14 
26years or older is determined to be a person with a 
 
 
HB4304- 434 -LRB103 35638 RLC 65713 b


1developmental disability by a physician, clinical 
2psychologist, or qualified examiner as described in this 
3subsection (b) Section 1.1 of the Firearm Owners 
4Identification Card Act. If a person is a patient as described 
5in clause (2)(A) (1) of the definition of "patient" in this 
6subsection Section 1.1 of the Firearm Owners Identification 
7Card Act, this information shall be furnished within 7 days 
8after admission to a public or private hospital or mental 
9health facility or the provision of services. Any such 
10information disclosed under this subsection shall remain 
11privileged and confidential, and shall not be redisclosed, 
12except as required by clause (e)(2) of Section 24-4.5 of the 
13Criminal Code of 2012 subsection (e) of Section 3.1 of the 
14Firearm Owners Identification Card Act, nor utilized for any 
15other purpose. The method of requiring the providing of such 
16information shall guarantee that no information is released 
17beyond what is necessary for this purpose. In addition, the 
18information disclosed shall be provided by the Department 
19within the time period established by Section 24-3 of the 
20Criminal Code of 2012 regarding the delivery of firearms. The 
21method used shall be sufficient to provide the necessary 
22information within the prescribed time period, which may 
23include periodically providing lists to the Department of 
24Human Services or any public or private hospital or mental 
25health facility of Firearm Owner's Identification Card 
26applicants for firearm purchases on which the Department or 
 
 
HB4304- 435 -LRB103 35638 RLC 65713 b


1hospital shall indicate the identities of those individuals 
2who are to its knowledge disqualified from having a firearm 
3Firearm Owner's Identification Card for reasons described 
4herein. The Department may provide for a centralized source of 
5information for the State on this subject under its 
6jurisdiction. The identity of the person reporting under this 
7subsection shall not be disclosed to the subject of the 
8report. For the purposes of this subsection, the physician, 
9clinical psychologist, or qualified examiner making the 
10determination and his or her employer shall not be held 
11criminally, civilly, or professionally liable for making or 
12not making the notification required under this subsection, 
13except for willful or wanton misconduct. 
14 Any person, institution, or agency, under this Act, 
15participating in good faith in the reporting or disclosure of 
16records and communications otherwise in accordance with this 
17provision or with rules, regulations or guidelines issued by 
18the Department shall have immunity from any liability, civil, 
19criminal or otherwise, that might result by reason of the 
20action. For the purpose of any proceeding, civil or criminal, 
21arising out of a report or disclosure in accordance with this 
22provision, the good faith of any person, institution, or 
23agency so reporting or disclosing shall be presumed. The full 
24extent of the immunity provided in this subsection (b) shall 
25apply to any person, institution or agency that fails to make a 
26report or disclosure in the good faith belief that the report 
 
 
HB4304- 436 -LRB103 35638 RLC 65713 b


1or disclosure would violate federal regulations governing the 
2confidentiality of alcohol and drug abuse patient records 
3implementing 42 U.S.C. 290dd-3 and 290ee-3.
4 For purposes of this subsection (b) only, the following 
5terms shall have the meaning prescribed:
6  (1) (Blank).
7  (1.3) "Clear and present danger" has the meaning as 
8 defined in Section 6-103.3 of the Mental Health and 
9 Developmental Disabilities Code 1.1 of the Firearm Owners 
10 Identification Card Act. 
11  (1.5) "Person with a developmental disability" has the 
12 meaning as defined in Section 6-103.3 of the Mental Health 
13 and Developmental Disabilities Code 1.1 of the Firearm 
14 Owners Identification Card Act.
15  (2) "Patient" means (A) a person who voluntarily 
16 receives mental health treatment as an in-patient or 
17 resident of any public or private mental health facility, 
18 unless the treatment was solely for an alcohol abuse 
19 disorder and no other secondary substance abuse disorder 
20 or mental illness; or (B) a person who voluntarily 
21 receives mental health treatment as an out-patient or is 
22 provided services by a public or private mental health 
23 facility, and who poses a clear and present danger to 
24 himself, herself, or to others has the meaning as defined 
25 in Section 1.1 of the Firearm Owners Identification Card 
26 Act.
 
 
HB4304- 437 -LRB103 35638 RLC 65713 b


1  (3) "Mental health facility" means any licensed 
2 private hospital or hospital affiliate, institution, or 
3 facility, or part thereof, and any facility, or part 
4 thereof, operated by the State or a political subdivision 
5 thereof which provide treatment of persons with mental 
6 illness and includes all hospitals, institutions, clinics, 
7 evaluation facilities, mental health centers, colleges, 
8 universities, long-term care facilities, and nursing 
9 homes, or parts thereof, which provide treatment of 
10 persons with mental illness whether or not the primary 
11 purpose is to provide treatment of persons with mental 
12 illness has the meaning as defined in Section 1.1 of the 
13 Firearm Owners Identification Card Act. 
14 (c) Upon the request of a peace officer who takes a person 
15into custody and transports such person to a mental health or 
16developmental disability facility pursuant to Section 3-606 or 
174-404 of the Mental Health and Developmental Disabilities Code 
18or who transports a person from such facility, a facility 
19director shall furnish said peace officer the name, address, 
20age and name of the nearest relative of the person transported 
21to or from the mental health or developmental disability 
22facility. In no case shall the facility director disclose to 
23the peace officer any information relating to the diagnosis, 
24treatment or evaluation of the person's mental or physical 
25health.
26 For the purposes of this subsection (c), the terms "mental 
 
 
HB4304- 438 -LRB103 35638 RLC 65713 b


1health or developmental disability facility", "peace officer" 
2and "facility director" shall have the meanings ascribed to 
3them in the Mental Health and Developmental Disabilities Code.
4 (d) Upon the request of a peace officer or prosecuting 
5authority who is conducting a bona fide investigation of a 
6criminal offense, or attempting to apprehend a fugitive from 
7justice, a facility director may disclose whether a person is 
8present at the facility. Upon request of a peace officer or 
9prosecuting authority who has a valid forcible felony warrant 
10issued, a facility director shall disclose: (1) whether the 
11person who is the subject of the warrant is present at the 
12facility and (2) the date of that person's discharge or future 
13discharge from the facility. The requesting peace officer or 
14prosecuting authority must furnish a case number and the 
15purpose of the investigation or an outstanding arrest warrant 
16at the time of the request. Any person, institution, or agency 
17participating in good faith in disclosing such information in 
18accordance with this subsection (d) is immune from any 
19liability, civil, criminal or otherwise, that might result by 
20reason of the action.
21(Source: P.A. 102-538, eff. 8-20-21.)

22 Section 105. The Illinois Domestic Violence Act of 1986 is 
23amended by changing Sections 210 and 214 as follows:

24 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)
 
 
HB4304- 439 -LRB103 35638 RLC 65713 b


1 Sec. 210. Process. 
2 (a) Summons. Any action for an order of protection, 
3whether commenced alone or in conjunction with another 
4proceeding, is a distinct cause of action and requires that a 
5separate summons be issued and served, except that in pending 
6cases the following methods may be used:
7  (1) By delivery of the summons to respondent 
8 personally in open court in pending civil or criminal 
9 cases.
10  (2) By notice in accordance with Section 210.1 in 
11 civil cases in which the defendant has filed a general 
12 appearance.
13 The summons shall be in the form prescribed by Supreme 
14Court Rule 101(d), except that it shall require respondent to 
15answer or appear within 7 days. Attachments to the summons or 
16notice shall include the petition for order of protection and 
17supporting affidavits, if any, and any emergency order of 
18protection that has been issued. The enforcement of an order 
19of protection under Section 223 shall not be affected by the 
20lack of service, delivery, or notice, provided the 
21requirements of subsection (d) of that Section are otherwise 
22met.
23 (b) Blank.
24 (c) Expedited service. The summons shall be served by the 
25sheriff or other law enforcement officer at the earliest time 
26and shall take precedence over other summonses except those of 
 
 
HB4304- 440 -LRB103 35638 RLC 65713 b


1a similar emergency nature. Special process servers may be 
2appointed at any time, and their designation shall not affect 
3the responsibilities and authority of the sheriff or other 
4official process servers. In counties with a population over 
53,000,000, a special process server may not be appointed if 
6the order of protection grants the surrender of a child, the 
7surrender of a firearm or firearm owners identification card, 
8or the exclusive possession of a shared residence.
9 (d) Remedies requiring actual notice. The counseling, 
10payment of support, payment of shelter services, and payment 
11of losses remedies provided by paragraphs 4, 12, 13, and 16 of 
12subsection (b) of Section 214 may be granted only if 
13respondent has been personally served with process, has 
14answered or has made a general appearance.
15 (e) Remedies upon constructive notice. Service of process 
16on a member of respondent's household or by publication shall 
17be adequate for the remedies provided by paragraphs 1, 2, 3, 5, 
186, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section 
19214, but only if: (i) petitioner has made all reasonable 
20efforts to accomplish actual service of process personally 
21upon respondent, but respondent cannot be found to effect such 
22service and (ii) petitioner files an affidavit or presents 
23sworn testimony as to those efforts.
24 (f) Default. A plenary order of protection may be entered 
25by default as follows:
26  (1) For any of the remedies sought in the petition, if 
 
 
HB4304- 441 -LRB103 35638 RLC 65713 b


1 respondent has been served or given notice in accordance 
2 with subsection (a) and if respondent then fails to appear 
3 as directed or fails to appear on any subsequent 
4 appearance or hearing date agreed to by the parties or set 
5 by the court; or
6  (2) For any of the remedies provided in accordance 
7 with subsection (e), if respondent fails to answer or 
8 appear in accordance with the date set in the publication 
9 notice or the return date indicated on the service of a 
10 household member.
11 (g) Emergency orders. If an order is granted under 
12subsection (c) of Section 217, the court shall immediately 
13file a certified copy of the order with the sheriff or other 
14law enforcement official charged with maintaining Department 
15of State Police records.
16(Source: P.A. 101-508, eff. 1-1-20.)

17 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
18 Sec. 214. Order of protection; remedies. 
19 (a) Issuance of order. If the court finds that petitioner 
20has been abused by a family or household member or that 
21petitioner is a high-risk adult who has been abused, 
22neglected, or exploited, as defined in this Act, an order of 
23protection prohibiting the abuse, neglect, or exploitation 
24shall issue; provided that petitioner must also satisfy the 
25requirements of one of the following Sections, as appropriate: 
 
 
HB4304- 442 -LRB103 35638 RLC 65713 b


1Section 217 on emergency orders, Section 218 on interim 
2orders, or Section 219 on plenary orders. Petitioner shall not 
3be denied an order of protection because petitioner or 
4respondent is a minor. The court, when determining whether or 
5not to issue an order of protection, shall not require 
6physical manifestations of abuse on the person of the victim. 
7Modification and extension of prior orders of protection shall 
8be in accordance with this Act.
9 (b) Remedies and standards. The remedies to be included in 
10an order of protection shall be determined in accordance with 
11this Section and one of the following Sections, as 
12appropriate: Section 217 on emergency orders, Section 218 on 
13interim orders, and Section 219 on plenary orders. The 
14remedies listed in this subsection shall be in addition to 
15other civil or criminal remedies available to petitioner.
16  (1) Prohibition of abuse, neglect, or exploitation. 
17 Prohibit respondent's harassment, interference with 
18 personal liberty, intimidation of a dependent, physical 
19 abuse, or willful deprivation, neglect or exploitation, as 
20 defined in this Act, or stalking of the petitioner, as 
21 defined in Section 12-7.3 of the Criminal Code of 2012, if 
22 such abuse, neglect, exploitation, or stalking has 
23 occurred or otherwise appears likely to occur if not 
24 prohibited.
25  (2) Grant of exclusive possession of residence. 
26 Prohibit respondent from entering or remaining in any 
 
 
HB4304- 443 -LRB103 35638 RLC 65713 b


1 residence, household, or premises of the petitioner, 
2 including one owned or leased by respondent, if petitioner 
3 has a right to occupancy thereof. The grant of exclusive 
4 possession of the residence, household, or premises shall 
5 not affect title to real property, nor shall the court be 
6 limited by the standard set forth in subsection (c-2) of 
7 Section 501 of the Illinois Marriage and Dissolution of 
8 Marriage Act.
9   (A) Right to occupancy. A party has a right to 
10 occupancy of a residence or household if it is solely 
11 or jointly owned or leased by that party, that party's 
12 spouse, a person with a legal duty to support that 
13 party or a minor child in that party's care, or by any 
14 person or entity other than the opposing party that 
15 authorizes that party's occupancy (e.g., a domestic 
16 violence shelter). Standards set forth in subparagraph 
17 (B) shall not preclude equitable relief.
18   (B) Presumption of hardships. If petitioner and 
19 respondent each has the right to occupancy of a 
20 residence or household, the court shall balance (i) 
21 the hardships to respondent and any minor child or 
22 dependent adult in respondent's care resulting from 
23 entry of this remedy with (ii) the hardships to 
24 petitioner and any minor child or dependent adult in 
25 petitioner's care resulting from continued exposure to 
26 the risk of abuse (should petitioner remain at the 
 
 
HB4304- 444 -LRB103 35638 RLC 65713 b


1 residence or household) or from loss of possession of 
2 the residence or household (should petitioner leave to 
3 avoid the risk of abuse). When determining the balance 
4 of hardships, the court shall also take into account 
5 the accessibility of the residence or household. 
6 Hardships need not be balanced if respondent does not 
7 have a right to occupancy.
8   The balance of hardships is presumed to favor 
9 possession by petitioner unless the presumption is 
10 rebutted by a preponderance of the evidence, showing 
11 that the hardships to respondent substantially 
12 outweigh the hardships to petitioner and any minor 
13 child or dependent adult in petitioner's care. The 
14 court, on the request of petitioner or on its own 
15 motion, may order respondent to provide suitable, 
16 accessible, alternate housing for petitioner instead 
17 of excluding respondent from a mutual residence or 
18 household.
19  (3) Stay away order and additional prohibitions. Order 
20 respondent to stay away from petitioner or any other 
21 person protected by the order of protection, or prohibit 
22 respondent from entering or remaining present at 
23 petitioner's school, place of employment, or other 
24 specified places at times when petitioner is present, or 
25 both, if reasonable, given the balance of hardships. 
26 Hardships need not be balanced for the court to enter a 
 
 
HB4304- 445 -LRB103 35638 RLC 65713 b


1 stay away order or prohibit entry if respondent has no 
2 right to enter the premises.
3   (A) If an order of protection grants petitioner 
4 exclusive possession of the residence, or prohibits 
5 respondent from entering the residence, or orders 
6 respondent to stay away from petitioner or other 
7 protected persons, then the court may allow respondent 
8 access to the residence to remove items of clothing 
9 and personal adornment used exclusively by respondent, 
10 medications, and other items as the court directs. The 
11 right to access shall be exercised on only one 
12 occasion as the court directs and in the presence of an 
13 agreed-upon adult third party or law enforcement 
14 officer.
15   (B) When the petitioner and the respondent attend 
16 the same public, private, or non-public elementary, 
17 middle, or high school, the court when issuing an 
18 order of protection and providing relief shall 
19 consider the severity of the act, any continuing 
20 physical danger or emotional distress to the 
21 petitioner, the educational rights guaranteed to the 
22 petitioner and respondent under federal and State law, 
23 the availability of a transfer of the respondent to 
24 another school, a change of placement or a change of 
25 program of the respondent, the expense, difficulty, 
26 and educational disruption that would be caused by a 
 
 
HB4304- 446 -LRB103 35638 RLC 65713 b


1 transfer of the respondent to another school, and any 
2 other relevant facts of the case. The court may order 
3 that the respondent not attend the public, private, or 
4 non-public elementary, middle, or high school attended 
5 by the petitioner, order that the respondent accept a 
6 change of placement or change of program, as 
7 determined by the school district or private or 
8 non-public school, or place restrictions on the 
9 respondent's movements within the school attended by 
10 the petitioner. The respondent bears the burden of 
11 proving by a preponderance of the evidence that a 
12 transfer, change of placement, or change of program of 
13 the respondent is not available. The respondent also 
14 bears the burden of production with respect to the 
15 expense, difficulty, and educational disruption that 
16 would be caused by a transfer of the respondent to 
17 another school. A transfer, change of placement, or 
18 change of program is not unavailable to the respondent 
19 solely on the ground that the respondent does not 
20 agree with the school district's or private or 
21 non-public school's transfer, change of placement, or 
22 change of program or solely on the ground that the 
23 respondent fails or refuses to consent or otherwise 
24 does not take an action required to effectuate a 
25 transfer, change of placement, or change of program. 
26 When a court orders a respondent to stay away from the 
 
 
HB4304- 447 -LRB103 35638 RLC 65713 b


1 public, private, or non-public school attended by the 
2 petitioner and the respondent requests a transfer to 
3 another attendance center within the respondent's 
4 school district or private or non-public school, the 
5 school district or private or non-public school shall 
6 have sole discretion to determine the attendance 
7 center to which the respondent is transferred. In the 
8 event the court order results in a transfer of the 
9 minor respondent to another attendance center, a 
10 change in the respondent's placement, or a change of 
11 the respondent's program, the parents, guardian, or 
12 legal custodian of the respondent is responsible for 
13 transportation and other costs associated with the 
14 transfer or change. 
15   (C) The court may order the parents, guardian, or 
16 legal custodian of a minor respondent to take certain 
17 actions or to refrain from taking certain actions to 
18 ensure that the respondent complies with the order. In 
19 the event the court orders a transfer of the 
20 respondent to another school, the parents, guardian, 
21 or legal custodian of the respondent is responsible 
22 for transportation and other costs associated with the 
23 change of school by the respondent. 
24  (4) Counseling. Require or recommend the respondent to 
25 undergo counseling for a specified duration with a social 
26 worker, psychologist, clinical psychologist, 
 
 
HB4304- 448 -LRB103 35638 RLC 65713 b


1 psychiatrist, family service agency, alcohol or substance 
2 abuse program, mental health center guidance counselor, 
3 agency providing services to elders, program designed for 
4 domestic violence abusers or any other guidance service 
5 the court deems appropriate. The Court may order the 
6 respondent in any intimate partner relationship to report 
7 to an Illinois Department of Human Services protocol 
8 approved partner abuse intervention program for an 
9 assessment and to follow all recommended treatment. 
10  (5) Physical care and possession of the minor child. 
11 In order to protect the minor child from abuse, neglect, 
12 or unwarranted separation from the person who has been the 
13 minor child's primary caretaker, or to otherwise protect 
14 the well-being of the minor child, the court may do either 
15 or both of the following: (i) grant petitioner physical 
16 care or possession of the minor child, or both, or (ii) 
17 order respondent to return a minor child to, or not remove 
18 a minor child from, the physical care of a parent or person 
19 in loco parentis.
20  If a court finds, after a hearing, that respondent has 
21 committed abuse (as defined in Section 103) of a minor 
22 child, there shall be a rebuttable presumption that 
23 awarding physical care to respondent would not be in the 
24 minor child's best interest.
25  (6) Temporary allocation of parental responsibilities: 
26 significant decision-making. Award temporary 
 
 
HB4304- 449 -LRB103 35638 RLC 65713 b


1 decision-making responsibility to petitioner in accordance 
2 with this Section, the Illinois Marriage and Dissolution 
3 of Marriage Act, the Illinois Parentage Act of 2015, and 
4 this State's Uniform Child-Custody Jurisdiction and 
5 Enforcement Act. 
6  If a court finds, after a hearing, that respondent has 
7 committed abuse (as defined in Section 103) of a minor 
8 child, there shall be a rebuttable presumption that 
9 awarding temporary significant decision-making 
10 responsibility to respondent would not be in the child's 
11 best interest.
12  (7) Parenting time. Determine the parenting time, if 
13 any, of respondent in any case in which the court awards 
14 physical care or allocates temporary significant 
15 decision-making responsibility of a minor child to 
16 petitioner. The court shall restrict or deny respondent's 
17 parenting time with a minor child if the court finds that 
18 respondent has done or is likely to do any of the 
19 following: (i) abuse or endanger the minor child during 
20 parenting time; (ii) use the parenting time as an 
21 opportunity to abuse or harass petitioner or petitioner's 
22 family or household members; (iii) improperly conceal or 
23 detain the minor child; or (iv) otherwise act in a manner 
24 that is not in the best interests of the minor child. The 
25 court shall not be limited by the standards set forth in 
26 Section 603.10 of the Illinois Marriage and Dissolution of 
 
 
HB4304- 450 -LRB103 35638 RLC 65713 b


1 Marriage Act. If the court grants parenting time, the 
2 order shall specify dates and times for the parenting time 
3 to take place or other specific parameters or conditions 
4 that are appropriate. No order for parenting time shall 
5 refer merely to the term "reasonable parenting time".
6  Petitioner may deny respondent access to the minor 
7 child if, when respondent arrives for parenting time, 
8 respondent is under the influence of drugs or alcohol and 
9 constitutes a threat to the safety and well-being of 
10 petitioner or petitioner's minor children or is behaving 
11 in a violent or abusive manner.
12  If necessary to protect any member of petitioner's 
13 family or household from future abuse, respondent shall be 
14 prohibited from coming to petitioner's residence to meet 
15 the minor child for parenting time, and the parties shall 
16 submit to the court their recommendations for reasonable 
17 alternative arrangements for parenting time. A person may 
18 be approved to supervise parenting time only after filing 
19 an affidavit accepting that responsibility and 
20 acknowledging accountability to the court.
21  (8) Removal or concealment of minor child. Prohibit 
22 respondent from removing a minor child from the State or 
23 concealing the child within the State. 
24  (9) Order to appear. Order the respondent to appear in 
25 court, alone or with a minor child, to prevent abuse, 
26 neglect, removal or concealment of the child, to return 
 
 
HB4304- 451 -LRB103 35638 RLC 65713 b


1 the child to the custody or care of the petitioner or to 
2 permit any court-ordered interview or examination of the 
3 child or the respondent.
4  (10) Possession of personal property. Grant petitioner 
5 exclusive possession of personal property and, if 
6 respondent has possession or control, direct respondent to 
7 promptly make it available to petitioner, if:
8   (i) petitioner, but not respondent, owns the 
9 property; or
10   (ii) the parties own the property jointly; sharing 
11 it would risk abuse of petitioner by respondent or is 
12 impracticable; and the balance of hardships favors 
13 temporary possession by petitioner.
14  If petitioner's sole claim to ownership of the 
15 property is that it is marital property, the court may 
16 award petitioner temporary possession thereof under the 
17 standards of subparagraph (ii) of this paragraph only if a 
18 proper proceeding has been filed under the Illinois 
19 Marriage and Dissolution of Marriage Act, as now or 
20 hereafter amended.
21  No order under this provision shall affect title to 
22 property.
23  (11) Protection of property. Forbid the respondent 
24 from taking, transferring, encumbering, concealing, 
25 damaging or otherwise disposing of any real or personal 
26 property, except as explicitly authorized by the court, 
 
 
HB4304- 452 -LRB103 35638 RLC 65713 b


1 if:
2   (i) petitioner, but not respondent, owns the 
3 property; or
4   (ii) the parties own the property jointly, and the 
5 balance of hardships favors granting this remedy.
6  If petitioner's sole claim to ownership of the 
7 property is that it is marital property, the court may 
8 grant petitioner relief under subparagraph (ii) of this 
9 paragraph only if a proper proceeding has been filed under 
10 the Illinois Marriage and Dissolution of Marriage Act, as 
11 now or hereafter amended.
12  The court may further prohibit respondent from 
13 improperly using the financial or other resources of an 
14 aged member of the family or household for the profit or 
15 advantage of respondent or of any other person.
16  (11.5) Protection of animals. Grant the petitioner the 
17 exclusive care, custody, or control of any animal owned, 
18 possessed, leased, kept, or held by either the petitioner 
19 or the respondent or a minor child residing in the 
20 residence or household of either the petitioner or the 
21 respondent and order the respondent to stay away from the 
22 animal and forbid the respondent from taking, 
23 transferring, encumbering, concealing, harming, or 
24 otherwise disposing of the animal. 
25  (12) Order for payment of support. Order respondent to 
26 pay temporary support for the petitioner or any child in 
 
 
HB4304- 453 -LRB103 35638 RLC 65713 b


1 the petitioner's care or over whom the petitioner has been 
2 allocated parental responsibility, when the respondent has 
3 a legal obligation to support that person, in accordance 
4 with the Illinois Marriage and Dissolution of Marriage 
5 Act, which shall govern, among other matters, the amount 
6 of support, payment through the clerk and withholding of 
7 income to secure payment. An order for child support may 
8 be granted to a petitioner with lawful physical care of a 
9 child, or an order or agreement for physical care of a 
10 child, prior to entry of an order allocating significant 
11 decision-making responsibility. Such a support order shall 
12 expire upon entry of a valid order allocating parental 
13 responsibility differently and vacating the petitioner's 
14 significant decision-making authority, unless otherwise 
15 provided in the order.
16  (13) Order for payment of losses. Order respondent to 
17 pay petitioner for losses suffered as a direct result of 
18 the abuse, neglect, or exploitation. Such losses shall 
19 include, but not be limited to, medical expenses, lost 
20 earnings or other support, repair or replacement of 
21 property damaged or taken, reasonable attorney's fees, 
22 court costs and moving or other travel expenses, including 
23 additional reasonable expenses for temporary shelter and 
24 restaurant meals.
25   (i) Losses affecting family needs. If a party is 
26 entitled to seek maintenance, child support or 
 
 
HB4304- 454 -LRB103 35638 RLC 65713 b


1 property distribution from the other party under the 
2 Illinois Marriage and Dissolution of Marriage Act, as 
3 now or hereafter amended, the court may order 
4 respondent to reimburse petitioner's actual losses, to 
5 the extent that such reimbursement would be 
6 "appropriate temporary relief", as authorized by 
7 subsection (a)(3) of Section 501 of that Act.
8   (ii) Recovery of expenses. In the case of an 
9 improper concealment or removal of a minor child, the 
10 court may order respondent to pay the reasonable 
11 expenses incurred or to be incurred in the search for 
12 and recovery of the minor child, including but not 
13 limited to legal fees, court costs, private 
14 investigator fees, and travel costs.
15  (14) Prohibition of entry. Prohibit the respondent 
16 from entering or remaining in the residence or household 
17 while the respondent is under the influence of alcohol or 
18 drugs and constitutes a threat to the safety and 
19 well-being of the petitioner or the petitioner's children.
20  (14.5) Prohibition of firearm possession.
21   (a) Prohibit a respondent against whom an order of 
22 protection was issued from possessing any firearms 
23 during the duration of the order if the order:
24    (1) was issued after a hearing of which such 
25 person received actual notice, and at which such 
26 person had an opportunity to participate;
 
 
HB4304- 455 -LRB103 35638 RLC 65713 b


1    (2) restrains such person from harassing, 
2 stalking, or threatening an intimate partner of 
3 such person or child of such intimate partner or 
4 person, or engaging in other conduct that would 
5 place an intimate partner in reasonable fear of 
6 bodily injury to the partner or child; and
7    (3)(i) includes a finding that such person 
8 represents a credible threat to the physical 
9 safety of such intimate partner or child; or (ii) 
10 by its terms explicitly prohibits the use, 
11 attempted use, or threatened use of physical force 
12 against such intimate partner or child that would 
13 reasonably be expected to cause bodily injury.
14  Any Firearm Owner's Identification Card in the 
15 possession of the respondent, except as provided in 
16 subsection (b), shall be ordered by the court to be 
17 turned over to the local law enforcement agency. The 
18 local law enforcement agency shall immediately mail 
19 the card to the Illinois State Police Firearm Owner's 
20 Identification Card Office for safekeeping. The court 
21 shall issue a warrant for seizure of any firearm in the 
22 possession of the respondent, to be kept by the local 
23 law enforcement agency for safekeeping, except as 
24 provided in subsection (b). The period of safekeeping 
25 shall be for the duration of the order of protection. 
26 The firearm or firearms and Firearm Owner's 
 
 
HB4304- 456 -LRB103 35638 RLC 65713 b


1 Identification Card, if unexpired, shall at the 
2 respondent's request, be returned to the respondent at 
3 the end of the order of protection. It is the 
4 respondent's responsibility to notify the Illinois 
5 State Police Firearm Owner's Identification Card 
6 Office. 
7   (b) If the respondent is a peace officer as 
8 defined in Section 2-13 of the Criminal Code of 2012, 
9 the court shall order that any firearms used by the 
10 respondent in the performance of his or her duties as a 
11 peace officer be surrendered to the chief law 
12 enforcement executive of the agency in which the 
13 respondent is employed, who shall retain the firearms 
14 for safekeeping for the duration of the order of 
15 protection.
16   (c) Upon expiration of the period of safekeeping, 
17 if the firearms or Firearm Owner's Identification Card 
18 cannot be returned to respondent because respondent 
19 cannot be located, fails to respond to requests to 
20 retrieve the firearms, or is not lawfully eligible to 
21 possess a firearm, upon petition from the local law 
22 enforcement agency, the court may order the local law 
23 enforcement agency to destroy the firearms, use the 
24 firearms for training purposes, or for any other 
25 application as deemed appropriate by the local law 
26 enforcement agency; or that the firearms be turned 
 
 
HB4304- 457 -LRB103 35638 RLC 65713 b


1 over to a third party who is lawfully eligible to 
2 possess firearms, and who does not reside with 
3 respondent. 
4  (15) Prohibition of access to records. If an order of 
5 protection prohibits respondent from having contact with 
6 the minor child, or if petitioner's address is omitted 
7 under subsection (b) of Section 203, or if necessary to 
8 prevent abuse or wrongful removal or concealment of a 
9 minor child, the order shall deny respondent access to, 
10 and prohibit respondent from inspecting, obtaining, or 
11 attempting to inspect or obtain, school or any other 
12 records of the minor child who is in the care of 
13 petitioner.
14  (16) Order for payment of shelter services. Order 
15 respondent to reimburse a shelter providing temporary 
16 housing and counseling services to the petitioner for the 
17 cost of the services, as certified by the shelter and 
18 deemed reasonable by the court.
19  (17) Order for injunctive relief. Enter injunctive 
20 relief necessary or appropriate to prevent further abuse 
21 of a family or household member or further abuse, neglect, 
22 or exploitation of a high-risk adult with disabilities or 
23 to effectuate one of the granted remedies, if supported by 
24 the balance of hardships. If the harm to be prevented by 
25 the injunction is abuse or any other harm that one of the 
26 remedies listed in paragraphs (1) through (16) of this 
 
 
HB4304- 458 -LRB103 35638 RLC 65713 b


1 subsection is designed to prevent, no further evidence is 
2 necessary that the harm is an irreparable injury.
3  (18) Telephone services.
4   (A) Unless a condition described in subparagraph 
5 (B) of this paragraph exists, the court may, upon 
6 request by the petitioner, order a wireless telephone 
7 service provider to transfer to the petitioner the 
8 right to continue to use a telephone number or numbers 
9 indicated by the petitioner and the financial 
10 responsibility associated with the number or numbers, 
11 as set forth in subparagraph (C) of this paragraph. 
12 For purposes of this paragraph (18), the term 
13 "wireless telephone service provider" means a provider 
14 of commercial mobile service as defined in 47 U.S.C. 
15 332. The petitioner may request the transfer of each 
16 telephone number that the petitioner, or a minor child 
17 in his or her custody, uses. The clerk of the court 
18 shall serve the order on the wireless telephone 
19 service provider's agent for service of process 
20 provided to the Illinois Commerce Commission. The 
21 order shall contain all of the following:
22    (i) The name and billing telephone number of 
23 the account holder including the name of the 
24 wireless telephone service provider that serves 
25 the account.
26    (ii) Each telephone number that will be 
 
 
HB4304- 459 -LRB103 35638 RLC 65713 b


1 transferred.
2    (iii) A statement that the provider transfers 
3 to the petitioner all financial responsibility for 
4 and right to the use of any telephone number 
5 transferred under this paragraph.
6   (B) A wireless telephone service provider shall 
7 terminate the respondent's use of, and shall transfer 
8 to the petitioner use of, the telephone number or 
9 numbers indicated in subparagraph (A) of this 
10 paragraph unless it notifies the petitioner, within 72 
11 hours after it receives the order, that one of the 
12 following applies:
13    (i) The account holder named in the order has 
14 terminated the account.
15    (ii) A difference in network technology would 
16 prevent or impair the functionality of a device on 
17 a network if the transfer occurs.
18    (iii) The transfer would cause a geographic or 
19 other limitation on network or service provision 
20 to the petitioner.
21    (iv) Another technological or operational 
22 issue would prevent or impair the use of the 
23 telephone number if the transfer occurs.
24   (C) The petitioner assumes all financial 
25 responsibility for and right to the use of any 
26 telephone number transferred under this paragraph. In 
 
 
HB4304- 460 -LRB103 35638 RLC 65713 b


1 this paragraph, "financial responsibility" includes 
2 monthly service costs and costs associated with any 
3 mobile device associated with the number.
4   (D) A wireless telephone service provider may 
5 apply to the petitioner its routine and customary 
6 requirements for establishing an account or 
7 transferring a number, including requiring the 
8 petitioner to provide proof of identification, 
9 financial information, and customer preferences.
10   (E) Except for willful or wanton misconduct, a 
11 wireless telephone service provider is immune from 
12 civil liability for its actions taken in compliance 
13 with a court order issued under this paragraph.
14   (F) All wireless service providers that provide 
15 services to residential customers shall provide to the 
16 Illinois Commerce Commission the name and address of 
17 an agent for service of orders entered under this 
18 paragraph (18). Any change in status of the registered 
19 agent must be reported to the Illinois Commerce 
20 Commission within 30 days of such change. 
21   (G) The Illinois Commerce Commission shall 
22 maintain the list of registered agents for service for 
23 each wireless telephone service provider on the 
24 Commission's website. The Commission may consult with 
25 wireless telephone service providers and the Circuit 
26 Court Clerks on the manner in which this information 
 
 
HB4304- 461 -LRB103 35638 RLC 65713 b


1 is provided and displayed. 
2 (c) Relevant factors; findings.
3  (1) In determining whether to grant a specific remedy, 
4 other than payment of support, the court shall consider 
5 relevant factors, including but not limited to the 
6 following:
7   (i) the nature, frequency, severity, pattern and 
8 consequences of the respondent's past abuse, neglect 
9 or exploitation of the petitioner or any family or 
10 household member, including the concealment of his or 
11 her location in order to evade service of process or 
12 notice, and the likelihood of danger of future abuse, 
13 neglect, or exploitation to petitioner or any member 
14 of petitioner's or respondent's family or household; 
15 and
16   (ii) the danger that any minor child will be 
17 abused or neglected or improperly relocated from the 
18 jurisdiction, improperly concealed within the State or 
19 improperly separated from the child's primary 
20 caretaker.
21  (2) In comparing relative hardships resulting to the 
22 parties from loss of possession of the family home, the 
23 court shall consider relevant factors, including but not 
24 limited to the following:
25   (i) availability, accessibility, cost, safety, 
26 adequacy, location and other characteristics of 
 
 
HB4304- 462 -LRB103 35638 RLC 65713 b


1 alternate housing for each party and any minor child 
2 or dependent adult in the party's care;
3   (ii) the effect on the party's employment; and
4   (iii) the effect on the relationship of the party, 
5 and any minor child or dependent adult in the party's 
6 care, to family, school, church and community.
7  (3) Subject to the exceptions set forth in paragraph 
8 (4) of this subsection, the court shall make its findings 
9 in an official record or in writing, and shall at a minimum 
10 set forth the following:
11   (i) That the court has considered the applicable 
12 relevant factors described in paragraphs (1) and (2) 
13 of this subsection.
14   (ii) Whether the conduct or actions of respondent, 
15 unless prohibited, will likely cause irreparable harm 
16 or continued abuse.
17   (iii) Whether it is necessary to grant the 
18 requested relief in order to protect petitioner or 
19 other alleged abused persons.
20  (4) For purposes of issuing an ex parte emergency 
21 order of protection, the court, as an alternative to or as 
22 a supplement to making the findings described in 
23 paragraphs (c)(3)(i) through (c)(3)(iii) of this 
24 subsection, may use the following procedure:
25  When a verified petition for an emergency order of 
26 protection in accordance with the requirements of Sections 
 
 
HB4304- 463 -LRB103 35638 RLC 65713 b


1 203 and 217 is presented to the court, the court shall 
2 examine petitioner on oath or affirmation. An emergency 
3 order of protection shall be issued by the court if it 
4 appears from the contents of the petition and the 
5 examination of petitioner that the averments are 
6 sufficient to indicate abuse by respondent and to support 
7 the granting of relief under the issuance of the emergency 
8 order of protection.
9  (5) Never married parties. No rights or 
10 responsibilities for a minor child born outside of 
11 marriage attach to a putative father until a father and 
12 child relationship has been established under the Illinois 
13 Parentage Act of 1984, the Illinois Parentage Act of 2015, 
14 the Illinois Public Aid Code, Section 12 of the Vital 
15 Records Act, the Juvenile Court Act of 1987, the Probate 
16 Act of 1975, the Revised Uniform Reciprocal Enforcement of 
17 Support Act, the Uniform Interstate Family Support Act, 
18 the Expedited Child Support Act of 1990, any judicial, 
19 administrative, or other act of another state or 
20 territory, any other Illinois statute, or by any foreign 
21 nation establishing the father and child relationship, any 
22 other proceeding substantially in conformity with the 
23 Personal Responsibility and Work Opportunity 
24 Reconciliation Act of 1996 (Pub. L. 104-193), or where 
25 both parties appeared in open court or at an 
26 administrative hearing acknowledging under oath or 
 
 
HB4304- 464 -LRB103 35638 RLC 65713 b


1 admitting by affirmation the existence of a father and 
2 child relationship. Absent such an adjudication, finding, 
3 or acknowledgment, no putative father shall be granted 
4 temporary allocation of parental responsibilities, 
5 including parenting time with the minor child, or physical 
6 care and possession of the minor child, nor shall an order 
7 of payment for support of the minor child be entered.
8 (d) Balance of hardships; findings. If the court finds 
9that the balance of hardships does not support the granting of 
10a remedy governed by paragraph (2), (3), (10), (11), or (16) of 
11subsection (b) of this Section, which may require such 
12balancing, the court's findings shall so indicate and shall 
13include a finding as to whether granting the remedy will 
14result in hardship to respondent that would substantially 
15outweigh the hardship to petitioner from denial of the remedy. 
16The findings shall be an official record or in writing.
17 (e) Denial of remedies. Denial of any remedy shall not be 
18based, in whole or in part, on evidence that:
19  (1) Respondent has cause for any use of force, unless 
20 that cause satisfies the standards for justifiable use of 
21 force provided by Article 7 of the Criminal Code of 2012;
22  (2) Respondent was voluntarily intoxicated;
23  (3) Petitioner acted in self-defense or defense of 
24 another, provided that, if petitioner utilized force, such 
25 force was justifiable under Article 7 of the Criminal Code 
26 of 2012; 
 
 
HB4304- 465 -LRB103 35638 RLC 65713 b


1  (4) Petitioner did not act in self-defense or defense 
2 of another;
3  (5) Petitioner left the residence or household to 
4 avoid further abuse, neglect, or exploitation by 
5 respondent;
6  (6) Petitioner did not leave the residence or 
7 household to avoid further abuse, neglect, or exploitation 
8 by respondent;
9  (7) Conduct by any family or household member excused 
10 the abuse, neglect, or exploitation by respondent, unless 
11 that same conduct would have excused such abuse, neglect, 
12 or exploitation if the parties had not been family or 
13 household members.
14(Source: P.A. 102-538, eff. 8-20-21.)

15 Section 110. The Revised Uniform Unclaimed Property Act is 
16amended by changing Section 15-705 as follows:

17 (765 ILCS 1026/15-705)
18 Sec. 15-705. Exceptions to the sale of tangible property. 
19The administrator shall dispose of tangible property 
20identified by this Section in accordance with this Section.
21 (a) Military medals or decorations. The administrator may 
22not sell a medal or decoration awarded for military service in 
23the armed forces of the United States. Instead, the 
24administrator, with the consent of the respective organization 
 
 
HB4304- 466 -LRB103 35638 RLC 65713 b


1under paragraph (1), agency under paragraph (2), or entity 
2under paragraph (3), may deliver a medal or decoration to be 
3held in custody for the owner, to:
4  (1) a military veterans organization qualified under 
5 Section 501(c)(19) of the Internal Revenue Code;
6  (2) the agency that awarded the medal or decoration; 
7 or
8  (3) a governmental entity.
9 After delivery, the administrator is not responsible for 
10the safekeeping of the medal or decoration.
11 (b) Property with historical value. Property that the 
12administrator reasonably believes may have historical value 
13may be, at his or her discretion, loaned to an accredited 
14museum in the United States where it will be kept until such 
15time as the administrator orders it to be returned to his or 
16her custody.
17 (c) Human remains. If human remains are delivered to the 
18administrator under this Act, the administrator shall deliver 
19those human remains to the coroner of the county in which the 
20human remains were abandoned for disposition under Section 
213-3034 of the Counties Code. The only human remains that may be 
22delivered to the administrator under this Act and that the 
23administrator may receive are those that are reported and 
24delivered as contents of a safe deposit box.
25 (d) Evidence in a criminal investigation. Property that 
26may have been used in the commission of a crime or that may 
 
 
HB4304- 467 -LRB103 35638 RLC 65713 b


1assist in the investigation of a crime, as determined after 
2consulting with the Illinois State Police, shall be delivered 
3to the Illinois State Police or other appropriate law 
4enforcement authority to allow law enforcement to determine 
5whether a criminal investigation should take place. Any such 
6property delivered to a law enforcement authority shall be 
7held in accordance with existing statutes and rules related to 
8the gathering, retention, and release of evidence.
9 (e) Firearms.
10  (1) The administrator, in cooperation with the 
11 Illinois State Police, shall develop a procedure to 
12 determine whether a firearm delivered to the administrator 
13 under this Act has been stolen or used in the commission of 
14 a crime. The Illinois State Police shall determine the 
15 appropriate disposition of a firearm that has been stolen 
16 or used in the commission of a crime. The administrator 
17 shall attempt to return a firearm that has not been stolen 
18 or used in the commission of a crime to the rightful owner 
19 if the Illinois State Police determines that the owner may 
20 lawfully possess the firearm.
21  (2) If the administrator is unable to return a firearm 
22 to its owner, the administrator shall transfer custody of 
23 the firearm to the Illinois State Police. Legal title to a 
24 firearm transferred to the Illinois State Police under 
25 this subsection (e) is vested in the Illinois State Police 
26 by operation of law if:
 
 
HB4304- 468 -LRB103 35638 RLC 65713 b


1   (i) the administrator cannot locate the owner of 
2 the firearm;
3   (ii) the owner of the firearm may not lawfully 
4 possess the firearm;
5   (iii) the apparent owner does not respond to 
6 notice published under Section 15-503 of this Act; or
7   (iv) the apparent owner responds to notice 
8 published under Section 15-502 and states that he or 
9 she no longer claims an interest in the firearm.
10  (3) With respect to a firearm whose title is 
11 transferred to the Illinois State Police under this 
12 subsection (e), the Illinois State Police may:
13   (i) retain the firearm for use by the crime 
14 laboratory system, for training purposes, or for any 
15 other application as deemed appropriate by the 
16 Department;
17   (ii) transfer the firearm to the Illinois State 
18 Museum if the firearm has historical value; or
19   (iii) destroy the firearm if it is not retained 
20 pursuant to subparagraph (i) or transferred pursuant 
21 to subparagraph (ii).
22 As used in this subsection, "firearm" has the meaning 
23provided in Section 2-7.5 of the Criminal Code of 2012 the 
24Firearm Owners Identification Card Act.
25(Source: P.A. 102-538, eff. 8-20-21.)

 
 
HB4304- 469 -LRB103 35638 RLC 65713 b


1 Section 115. The Consumer Fraud and Deceptive Business 
2Practices Act is amended by renumbering and changing Section 
32BBBB as added by Public Act 103-559, as follows:

4 (815 ILCS 505/2DDDD)
5 Sec. 2DDDD 2BBBB. Sale and marketing of firearms.
6 (a) As used in this Section:
7 "Firearm" has the meaning set forth in Section 2-7.5 of 
8the Criminal Code of 2012 1.1 of the Firearm Owners 
9Identification Card Act.
10 "Firearm accessory" means an attachment or device designed 
11or adapted to be inserted into, affixed onto, or used in 
12conjunction with a firearm that is designed, intended, or 
13functions to alter or enhance (i) the firing capabilities of a 
14firearm, frame, or receiver, (ii) the lethality of the 
15firearm, or (iii) a shooter's ability to hold and use a 
16firearm.
17 "Firearm ammunition" has the meaning set forth in Section 
182-7.1 of the Criminal Code of 2012 1.1 of the Firearm Owners 
19Identification Card Act.
20 "Firearm industry member" means a person, firm, 
21corporation, company, partnership, society, joint stock 
22company, or any other entity or association engaged in the 
23design, manufacture, distribution, importation, marketing, 
24wholesale, or retail sale of firearm-related products, 
25including sales by mail, telephone, or Internet or in-person 
 
 
HB4304- 470 -LRB103 35638 RLC 65713 b


1sales.
2 "Firearm-related product" means a firearm, firearm 
3ammunition, a firearm precursor part, a firearm component, or 
4a firearm accessory that meets any of the following 
5conditions:
6  (1) the item is sold, made, or distributed in 
7 Illinois;
8  (2) the item is intended to be sold or distributed in 
9 Illinois; or
10  (3) the item is or was possessed in Illinois, and it 
11 was reasonably foreseeable that the item would be 
12 possessed in Illinois.
13 "Straw purchaser" means a person who (i) knowingly 
14purchases or attempts to purchase a firearm-related product 
15with intent to deliver that firearm-related product to another 
16person who is prohibited by federal or State law from 
17possessing a firearm-related product or (ii) intentionally 
18provides false or misleading information on a Bureau of 
19Alcohol, Tobacco, Firearms and Explosives firearms transaction 
20record form to purchase a firearm-related product with the 
21intent to deliver that firearm-related product to another 
22person.
23 "Unlawful paramilitary or private militia" means a group 
24of armed individuals, organized privately, in violation of the 
25Military Code of Illinois and Section 2 of Article XII of the 
26Illinois Constitution.
 
 
HB4304- 471 -LRB103 35638 RLC 65713 b


1 (b) It is an unlawful practice within the meaning of this 
2Act for any firearm industry member, through the sale, 
3manufacturing, importing, or marketing of a firearm-related 
4product, to do any of the following:
5  (1) Knowingly create, maintain, or contribute to a 
6 condition in Illinois that endangers the safety or health 
7 of the public by conduct either unlawful in itself or 
8 unreasonable under all circumstances, including failing to 
9 establish or utilize reasonable controls. Reasonable 
10 controls include reasonable procedures, safeguards, and 
11 business practices that are designed to:
12   (A) prevent the sale or distribution of a 
13 firearm-related product to a straw purchaser, a person 
14 prohibited by law from possessing a firearm, or a 
15 person who the firearm industry member has reasonable 
16 cause to believe is at substantial risk of using a 
17 firearm-related product to harm themselves or another 
18 individual or of possessing or using a firearm-related 
19 product unlawfully;
20   (B) prevent the loss or theft of a firearm-related 
21 product from the firearm industry member; or
22   (C) comply with all provisions of applicable 
23 local, State, and federal law, and do not otherwise 
24 promote the unlawful manufacture, sale, possession, 
25 marketing, or use of a firearm-related product.
26  (2) Advertise, market, or promote a firearm-related 
 
 
HB4304- 472 -LRB103 35638 RLC 65713 b


1 product in a manner that reasonably appears to support, 
2 recommend, or encourage individuals to engage in unlawful 
3 paramilitary or private militia activity in Illinois, or 
4 individuals who are not in the National Guard, United 
5 States armed forces reserves, United States armed forces, 
6 or any duly authorized military organization to use a 
7 firearm-related product for a military-related purpose in 
8 Illinois.
9  (3) Except as otherwise provided, advertise, market, 
10 promote, design, or sell any firearm-related product in a 
11 manner that reasonably appears to support, recommend, or 
12 encourage persons under 18 years of age to unlawfully 
13 purchase or possess or use a firearm-related product in 
14 Illinois.
15   (A) In determining whether the conduct of a 
16 firearm industry member, as described in this 
17 paragraph, reasonably appears to support, recommend, 
18 or encourage persons under 18 years of age to 
19 unlawfully purchase a firearm-related product, a court 
20 shall consider the totality of the circumstances, 
21 including, but not limited to, whether the marketing, 
22 advertising promotion, design, or sale:
23    (i) uses caricatures that reasonably appear to 
24 be minors or cartoon characters; 
25    (ii) offers brand name merchandise for minors, 
26 including, but not limited to, clothing, toys, 
 
 
HB4304- 473 -LRB103 35638 RLC 65713 b


1 games, or stuffed animals, that promotes a firearm 
2 industry member or firearm-related product;
3    (iii) offers firearm-related products in 
4 sizes, colors, or designs that are specifically 
5 designed to be used by, or appeal to, minors; 
6    (iv) is part of a marketing, advertising, or 
7 promotion campaign designed with the intent to 
8 appeal to minors; 
9    (v) uses images or depictions of minors in 
10 advertising or marketing, or promotion materials, 
11 to depict the use of firearm-related products; or 
12    (vi) is placed in a publication created for 
13 the purpose of reaching an audience that is 
14 predominantly composed of minors and not intended 
15 for a more general audience composed of adults. 
16   (B) This paragraph does not apply to 
17 communications or promotional materials regarding 
18 lawful recreational activity with a firearm, such as, 
19 but not limited to, practice shooting at targets on 
20 established public or private target ranges or 
21 hunting, trapping, or fishing in accordance with the 
22 Wildlife Code or the Fish and Aquatic Life Code.
23  (4) Otherwise engage in unfair methods of competition 
24 or unfair or deceptive acts or practices declared unlawful 
25 under Section 2 of this Act.
26 (c) Paragraphs (2), (3), and (4) of subsection (b) are 
 
 
HB4304- 474 -LRB103 35638 RLC 65713 b


1declarative of existing law and shall not be construed as new 
2enactments. The provisions of these paragraphs shall apply to 
3all actions commenced or pending on or after August 14, 2023 
4(the effective date of Public Act 103-559) this amendatory Act 
5of the 103rd General Assembly. 
6 (d) The provisions of this Section are severable under 
7Section 1.31 of the Statute on Statutes.
8(Source: P.A. 103-559, eff. 8-14-23; revised 9-26-23.)

9 Section 195. No acceleration or delay. Where this Act 
10makes changes in a statute that is represented in this Act by 
11text that is not yet or no longer in effect (for example, a 
12Section represented by multiple versions), the use of that 
13text does not accelerate or delay the taking effect of (i) the 
14changes made by this Act or (ii) provisions derived from any 
15other Public Act.

16 Section 999. Effective date. This Act takes effect upon 
17becoming law.
 
 
HB4304- 475 -LRB103 35638 RLC 65713 b


1
INDEX

2
Statutes amended in order of appearance

3 5 ILCS 120/2from Ch. 102, par. 42
4 5 ILCS 140/7.5
5 5 ILCS 805/15
6 5 ILCS 830/10-5
7 5 ILCS 840/40
8 20 ILCS 805/805-538
9 20 ILCS 2505/2505-306
10 20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part
11 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
12 20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part
13 20 ILCS 2605/2605-595
14 20 ILCS 2605/2605-120 rep.
15 20 ILCS 2605/2605-304 rep.
16 20 ILCS 2610/17b
17 20 ILCS 2630/2.2
18 20 ILCS 2910/1from Ch. 127 1/2, par. 501
19 20 ILCS 3930/7.9
20 30 ILCS 105/6z-99
21 30 ILCS 105/6z-127
22 30 ILCS 500/1-10
23 30 ILCS 715/3from Ch. 56 1/2, par. 1703
24 50 ILCS 710/1from Ch. 85, par. 515
25 55 ILCS 5/3-6042
 
 
HB4304- 476 -LRB103 35638 RLC 65713 b


1 105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
2 105 ILCS 5/10-27.1A
3 105 ILCS 5/34-8.05
4 225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
5 225 ILCS 447/35-30
6 225 ILCS 447/35-35
7 230 ILCS 10/5.4
8 405 ILCS 5/1-106from Ch. 91 1/2, par. 1-106
9 405 ILCS 5/1-116from Ch. 91 1/2, par. 1-116
10 405 ILCS 5/6-103.1
11 405 ILCS 5/6-103.2
12 405 ILCS 5/6-103.3
13 410 ILCS 45/2from Ch. 111 1/2, par. 1302
14 430 ILCS 65/Act rep.
15 430 ILCS 66/25
16 430 ILCS 66/30
17 430 ILCS 66/40
18 430 ILCS 66/66
19 430 ILCS 66/70
20 430 ILCS 66/80
21 430 ILCS 66/105
22 430 ILCS 67/35
23 430 ILCS 67/40
24 430 ILCS 68/5-20
25 430 ILCS 68/5-25
26 430 ILCS 68/5-40
 
 
HB4304- 477 -LRB103 35638 RLC 65713 b


1 430 ILCS 68/5-85
2 520 ILCS 5/3.2from Ch. 61, par. 3.2
3 520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
4 625 ILCS 5/2-116from Ch. 95 1/2, par. 2-116
5 720 ILCS 5/2-7.1
6 720 ILCS 5/2-7.5
7 720 ILCS 5/12-3.05was 720 ILCS 5/12-4
8 720 ILCS 5/16-0.1
9 720 ILCS 5/17-30was 720 ILCS 5/16C-2
10 720 ILCS 5/24-1from Ch. 38, par. 24-1
11 720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
12 720 ILCS 5/24-1.6
13 720 ILCS 5/24-1.8
14 720 ILCS 5/24-1.9
15 720 ILCS 5/24-1.10
16 720 ILCS 5/24-2
17 720 ILCS 5/24-3from Ch. 38, par. 24-3
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 5/24-3B
23 720 ILCS 5/24-4.1
24 720 ILCS 5/24-4.5 new
25 720 ILCS 5/24-5.1
26 720 ILCS 5/24-9
 
 
HB4304- 478 -LRB103 35638 RLC 65713 b