103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4327
 
Introduced , by Rep. John M. Cabello
 
SYNOPSIS AS INTRODUCED:

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


LRB103 34892 RLC 64759 b


 
 
A BILL FOR
 
HB4327LRB103 34892 RLC 64759 b


1 AN ACT concerning firearms.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

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

11 (5 ILCS 140/7.5)
12 Sec. 7.5. Statutory exemptions. To the extent provided for 
13by the statutes referenced below, the following shall be 
14exempt from inspection and copying:
15  (a) All information determined to be confidential 
16 under Section 4002 of the Technology Advancement and 
17 Development Act.
18  (b) Library circulation and order records identifying 
19 library users with specific materials under the Library 
20 Records Confidentiality Act.
21  (c) Applications, related documents, and medical 
22 records received by the Experimental Organ Transplantation 
23 Procedures Board and any and all documents or other 
24 records prepared by the Experimental Organ Transplantation 
 
 
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1 Procedures Board or its staff relating to applications it 
2 has received.
3  (d) Information and records held by the Department of 
4 Public Health and its authorized representatives relating 
5 to known or suspected cases of sexually transmissible 
6 disease or any information the disclosure of which is 
7 restricted under the Illinois Sexually Transmissible 
8 Disease Control Act.
9  (e) Information the disclosure of which is exempted 
10 under Section 30 of the Radon Industry Licensing Act.
11  (f) Firm performance evaluations under Section 55 of 
12 the Architectural, Engineering, and Land Surveying 
13 Qualifications Based Selection Act.
14  (g) Information the disclosure of which is restricted 
15 and exempted under Section 50 of the Illinois Prepaid 
16 Tuition Act.
17  (h) Information the disclosure of which is exempted 
18 under the State Officials and Employees Ethics Act, and 
19 records of any lawfully created State or local inspector 
20 general's office that would be exempt if created or 
21 obtained by an Executive Inspector General's office under 
22 that Act.
23  (i) Information contained in a local emergency energy 
24 plan submitted to a municipality in accordance with a 
25 local emergency energy plan ordinance that is adopted 
26 under Section 11-21.5-5 of the Illinois Municipal Code.
 
 
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1  (j) Information and data concerning the distribution 
2 of surcharge moneys collected and remitted by carriers 
3 under the Emergency Telephone System Act.
4  (k) Law enforcement officer identification information 
5 or driver identification information compiled by a law 
6 enforcement agency or the Department of Transportation 
7 under Section 11-212 of the Illinois Vehicle Code.
8  (l) Records and information provided to a residential 
9 health care facility resident sexual assault and death 
10 review team or the Executive Council under the Abuse 
11 Prevention Review Team Act.
12  (m) Information provided to the predatory lending 
13 database created pursuant to Article 3 of the Residential 
14 Real Property Disclosure Act, except to the extent 
15 authorized under that Article.
16  (n) Defense budgets and petitions for certification of 
17 compensation and expenses for court appointed trial 
18 counsel as provided under Sections 10 and 15 of the 
19 Capital Crimes Litigation Act. This subsection (n) shall 
20 apply until the conclusion of the trial of the case, even 
21 if the prosecution chooses not to pursue the death penalty 
22 prior to trial or sentencing.
23  (o) Information that is prohibited from being 
24 disclosed under Section 4 of the Illinois Health and 
25 Hazardous Substances Registry Act.
26  (p) Security portions of system safety program plans, 
 
 
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1 investigation reports, surveys, schedules, lists, data, or 
2 information compiled, collected, or prepared by or for the 
3 Department of Transportation under Sections 2705-300 and 
4 2705-616 of the Department of Transportation Law of the 
5 Civil Administrative Code of Illinois, the Regional 
6 Transportation Authority under Section 2.11 of the 
7 Regional Transportation Authority Act, or the St. Clair 
8 County Transit District under the Bi-State Transit Safety 
9 Act. 
10  (q) Information prohibited from being disclosed by the 
11 Personnel Record Review Act. 
12  (r) Information prohibited from being disclosed by the 
13 Illinois School Student Records Act. 
14  (s) Information the disclosure of which is restricted 
15 under Section 5-108 of the Public Utilities Act. 
16  (t) All identified or deidentified health information 
17 in the form of health data or medical records contained 
18 in, stored in, submitted to, transferred by, or released 
19 from the Illinois Health Information Exchange, and 
20 identified or deidentified health information in the form 
21 of health data and medical records of the Illinois Health 
22 Information Exchange in the possession of the Illinois 
23 Health Information Exchange Office due to its 
24 administration of the Illinois Health Information 
25 Exchange. The terms "identified" and "deidentified" shall 
26 be given the same meaning as in the Health Insurance 
 
 
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1 Portability and Accountability Act of 1996, Public Law 
2 104-191, or any subsequent amendments thereto, and any 
3 regulations promulgated thereunder. 
4  (u) Records and information provided to an independent 
5 team of experts under the Developmental Disability and 
6 Mental Health Safety Act (also known as Brian's Law). 
7  (v) Names and information of people who have applied 
8 for or received Firearm Owner's Identification Cards under 
9 the Firearm Owners Identification Card Act before the 
10 effective date of this amendatory Act of the 103rd General 
11 Assembly or applied for or received a concealed carry 
12 license under the Firearm Concealed Carry Act, unless 
13 otherwise authorized by the Firearm Concealed Carry Act; 
14 and databases under the Firearm Concealed Carry Act, 
15 records of the Concealed Carry Licensing Review Board 
16 under the Firearm Concealed Carry Act, and law enforcement 
17 agency objections under the Firearm Concealed Carry Act. 
18  (v-5) Records of the Firearm Owner's Identification 
19 Card Review Board that were are exempted from disclosure 
20 under Section 10 of the Firearm Owners Identification Card 
21 Act before the effective date of this amendatory Act of 
22 the 103rd General Assembly.
23  (w) Personally identifiable information which is 
24 exempted from disclosure under subsection (g) of Section 
25 19.1 of the Toll Highway Act.
26  (x) Information which is exempted from disclosure 
 
 
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1 under Section 5-1014.3 of the Counties Code or Section 
2 8-11-21 of the Illinois Municipal Code. 
3  (y) Confidential information under the Adult 
4 Protective Services Act and its predecessor enabling 
5 statute, the Elder Abuse and Neglect Act, including 
6 information about the identity and administrative finding 
7 against any caregiver of a verified and substantiated 
8 decision of abuse, neglect, or financial exploitation of 
9 an eligible adult maintained in the Registry established 
10 under Section 7.5 of the Adult Protective Services Act. 
11  (z) Records and information provided to a fatality 
12 review team or the Illinois Fatality Review Team Advisory 
13 Council under Section 15 of the Adult Protective Services 
14 Act. 
15  (aa) Information which is exempted from disclosure 
16 under Section 2.37 of the Wildlife Code. 
17  (bb) Information which is or was prohibited from 
18 disclosure by the Juvenile Court Act of 1987. 
19  (cc) Recordings made under the Law Enforcement 
20 Officer-Worn Body Camera Act, except to the extent 
21 authorized under that Act.
22  (dd) Information that is prohibited from being 
23 disclosed under Section 45 of the Condominium and Common 
24 Interest Community Ombudsperson Act. 
25  (ee) Information that is exempted from disclosure 
26 under Section 30.1 of the Pharmacy Practice Act. 
 
 
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1  (ff) Information that is exempted from disclosure 
2 under the Revised Uniform Unclaimed Property Act. 
3  (gg) Information that is prohibited from being 
4 disclosed under Section 7-603.5 of the Illinois Vehicle 
5 Code. 
6  (hh) Records that are exempt from disclosure under 
7 Section 1A-16.7 of the Election Code. 
8  (ii) Information which is exempted from disclosure 
9 under Section 2505-800 of the Department of Revenue Law of 
10 the Civil Administrative Code of Illinois. 
11  (jj) Information and reports that are required to be 
12 submitted to the Department of Labor by registering day 
13 and temporary labor service agencies but are exempt from 
14 disclosure under subsection (a-1) of Section 45 of the Day 
15 and Temporary Labor Services Act. 
16  (kk) Information prohibited from disclosure under the 
17 Seizure and Forfeiture Reporting Act. 
18  (ll) Information the disclosure of which is restricted 
19 and exempted under Section 5-30.8 of the Illinois Public 
20 Aid Code. 
21  (mm) Records that are exempt from disclosure under 
22 Section 4.2 of the Crime Victims Compensation Act. 
23  (nn) Information that is exempt from disclosure under 
24 Section 70 of the Higher Education Student Assistance Act. 
25  (oo) Communications, notes, records, and reports 
26 arising out of a peer support counseling session 
 
 
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1 prohibited from disclosure under the First Responders 
2 Suicide Prevention Act. 
3  (pp) Names and all identifying information relating to 
4 an employee of an emergency services provider or law 
5 enforcement agency under the First Responders Suicide 
6 Prevention Act. 
7  (qq) Information and records held by the Department of 
8 Public Health and its authorized representatives collected 
9 under the Reproductive Health Act. 
10  (rr) Information that is exempt from disclosure under 
11 the Cannabis Regulation and Tax Act. 
12  (ss) Data reported by an employer to the Department of 
13 Human Rights pursuant to Section 2-108 of the Illinois 
14 Human Rights Act.
15  (tt) Recordings made under the Children's Advocacy 
16 Center Act, except to the extent authorized under that 
17 Act. 
18  (uu) Information that is exempt from disclosure under 
19 Section 50 of the Sexual Assault Evidence Submission Act. 
20  (vv) Information that is exempt from disclosure under 
21 subsections (f) and (j) of Section 5-36 of the Illinois 
22 Public Aid Code. 
23  (ww) Information that is exempt from disclosure under 
24 Section 16.8 of the State Treasurer Act. 
25  (xx) Information that is exempt from disclosure or 
26 information that shall not be made public under the 
 
 
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1 Illinois Insurance Code. 
2  (yy) Information prohibited from being disclosed under 
3 the Illinois Educational Labor Relations Act.
4  (zz) Information prohibited from being disclosed under 
5 the Illinois Public Labor Relations Act. 
6  (aaa) Information prohibited from being disclosed 
7 under Section 1-167 of the Illinois Pension Code. 
8  (bbb) Information that is prohibited from disclosure 
9 by the Illinois Police Training Act and the Illinois State 
10 Police Act. 
11  (ccc) Records exempt from disclosure under Section 
12 2605-304 of the Illinois State Police Law of the Civil 
13 Administrative Code of Illinois. 
14  (ddd) Information prohibited from being disclosed 
15 under Section 35 of the Address Confidentiality for 
16 Victims of Domestic Violence, Sexual Assault, Human 
17 Trafficking, or Stalking Act. 
18  (eee) Information prohibited from being disclosed 
19 under subsection (b) of Section 75 of the Domestic 
20 Violence Fatality Review Act. 
21  (fff) Images from cameras under the Expressway Camera 
22 Act. This subsection (fff) is inoperative on and after 
23 July 1, 2023. 
24  (ggg) Information prohibited from disclosure under 
25 paragraph (3) of subsection (a) of Section 14 of the Nurse 
26 Agency Licensing Act. 
 
 
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1  (hhh) Information submitted to the Illinois Department 
2 of State Police in an affidavit or application for an 
3 assault weapon endorsement, assault weapon attachment 
4 endorsement, .50 caliber rifle endorsement, or .50 caliber 
5 cartridge endorsement under the Firearm Owners 
6 Identification Card Act. 
7(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
8101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
91-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
10eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
11101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
121-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
13eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
14102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 
157-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised 
162-13-23.)

17 Section 15. The Illinois TRUST Act is amended by changing 
18Section 15 as follows:

19 (5 ILCS 805/15)
20 Sec. 15. Prohibition on enforcing federal civil 
21immigration laws.  
22 (a) A law enforcement agency or law enforcement official 
23shall not detain or continue to detain any individual solely 
24on the basis of any immigration detainer or civil immigration 
 
 
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1warrant or otherwise comply with an immigration detainer or 
2civil immigration warrant.
3 (b) A law enforcement agency or law enforcement official 
4shall not stop, arrest, search, detain, or continue to detain 
5a person solely based on an individual's citizenship or 
6immigration status.
7 (c) (Blank).
8 (d) A law enforcement agency or law enforcement official 
9acting in good faith in compliance with this Section who 
10releases a person subject to an immigration detainer or civil 
11immigration warrant shall have immunity from any civil or 
12criminal liability that might otherwise occur as a result of 
13making the release, with the exception of willful or wanton 
14misconduct.
15 (e) A law enforcement agency or law enforcement official 
16may not inquire about or investigate the citizenship or 
17immigration status or place of birth of any individual in the 
18agency or official's custody or who has otherwise been stopped 
19or detained by the agency or official. Nothing in this 
20subsection shall be construed to limit the ability of a law 
21enforcement agency or law enforcement official, pursuant to 
22State or federal law, to notify a person in the law enforcement 
23agency's custody about that person's right to communicate with 
24consular officers from that person's country of nationality, 
25or facilitate such communication, in accordance with the 
26Vienna Convention on Consular Relations or other bilateral 
 
 
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1agreements. Nothing in this subsection shall be construed to 
2limit the ability of a law enforcement agency or law 
3enforcement official to request evidence of citizenship or 
4immigration status pursuant to the Firearm Owners 
5Identification Card Act, the Firearm Concealed Carry Act, 
6Article 24 of the Criminal Code of 2012, or 18 United States 
7Code Sections 921 through 931.
8 (f) Unless otherwise limited by federal law, a law 
9enforcement agency or law enforcement official may not deny 
10services, benefits, privileges, or opportunities to an 
11individual in custody or under probation status, including, 
12but not limited to, eligibility for or placement in a lower 
13custody classification, educational, rehabilitative, or 
14diversionary programs, on the basis of the individual's 
15citizenship or immigration status, the issuance of an 
16immigration detainer or civil immigration warrant against the 
17individual, or the individual being in immigration removal 
18proceedings.
19 (g)(1) No law enforcement agency, law enforcement 
20official, or any unit of State or local government may enter 
21into or renew any contract, intergovernmental service 
22agreement, or any other agreement to house or detain 
23individuals for federal civil immigration violations.
24 (2) Any law enforcement agency, law enforcement official, 
25or unit of State or local government with an existing 
26contract, intergovernmental agreement, or other agreement, 
 
 
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1whether in whole or in part, that is utilized to house or 
2detain individuals for civil immigration violations shall 
3exercise the termination provision in the agreement as applied 
4to housing or detaining individuals for civil immigration 
5violations no later than January 1, 2022.
6 (h) Unless presented with a federal criminal warrant, or 
7otherwise required by federal law, a law enforcement agency or 
8official may not:
9  (1) participate, support, or assist in any capacity 
10 with an immigration agent's enforcement operations, 
11 including any collateral assistance such as coordinating 
12 an arrest in a courthouse or other public facility, 
13 providing use of any equipment, transporting any 
14 individuals, or establishing a security or traffic 
15 perimeter surrounding such operations, or any other 
16 on-site support;
17  (2) give any immigration agent access, including by 
18 telephone, to any individual who is in that agency's 
19 custody;
20  (3) transfer any person into an immigration agent's 
21 custody;
22  (4) permit immigration agents use of agency facilities 
23 or equipment, including any agency electronic databases 
24 not available to the public, for investigative interviews 
25 or other investigative or immigration enforcement purpose;
26  (5) enter into or maintain any agreement regarding 
 
 
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1 direct access to any electronic database or other 
2 data-sharing platform maintained by any law enforcement 
3 agency, or otherwise provide such direct access to the 
4 U.S. Immigration and Customs Enforcement, United States 
5 Customs and Border Protection or any other federal entity 
6 enforcing civil immigration violations;
7  (6) provide information in response to any immigration 
8 agent's inquiry or request for information regarding any 
9 individual in the agency's custody; or
10  (7) provide to any immigration agent information not 
11 otherwise available to the public relating to an 
12 individual's release or contact information, or otherwise 
13 facilitate for an immigration agent to apprehend or 
14 question an individual for immigration enforcement.
15 (i) Nothing in this Section shall preclude a law 
16enforcement official from otherwise executing that official's 
17duties in investigating violations of criminal law and 
18cooperating in such investigations with federal and other law 
19enforcement agencies (including criminal investigations 
20conducted by federal Homeland Security Investigations (HSI)) 
21in order to ensure public safety. 
22(Source: P.A. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.)

23 Section 20. The Gun Trafficking Information Act is amended 
24by changing Section 10-5 as follows:

 
 
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1 (5 ILCS 830/10-5)
2 Sec. 10-5. Gun trafficking information. 
3 (a) The Illinois State Police shall use all reasonable 
4efforts, as allowed by State law and regulations, federal law 
5and regulations, and executed Memoranda of Understanding 
6between Illinois law enforcement agencies and the U.S. Bureau 
7of Alcohol, Tobacco, Firearms and Explosives, in making 
8publicly available, on a regular and ongoing basis, key 
9information related to firearms used in the commission of 
10crimes in this State, including, but not limited to: reports 
11on crimes committed with firearms, locations where the crimes 
12occurred, the number of persons killed or injured in the 
13commission of the crimes, the state where the firearms used 
14originated, the Federal Firearms Licensee that sold the 
15firearm, the type of firearms used, if known, annual 
16statistical information concerning Firearm Owner's 
17Identification Card and concealed carry license applications, 
18revocations, and compliance with Section 9.5 of the Firearm 
19Owners Identification Card Act, the information required in 
20the report or on the Illinois State Police's website under 
21Section 85 of the Firearms Restraining Order Act, and firearm 
22dealer license certification inspections. The Illinois State 
23Police shall make the information available on its website, 
24which may be presented in a dashboard format, in addition to 
25electronically filing a report with the Governor and the 
26General Assembly. The report to the General Assembly shall be 
 
 
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1filed with the Clerk of the House of Representatives and the 
2Secretary of the Senate in electronic form only, in the manner 
3that the Clerk and the Secretary shall direct. 
4 (b) (Blank). The Illinois State Police shall study, on a 
5regular and ongoing basis, and compile reports on the number 
6of Firearm Owner's Identification Card checks to determine 
7firearms trafficking or straw purchase patterns. The Illinois 
8State Police shall, to the extent not inconsistent with law, 
9share such reports and underlying data with academic centers, 
10foundations, and law enforcement agencies studying firearms 
11trafficking, provided that personally identifying information 
12is protected. For purposes of this subsection (b), a Firearm 
13Owner's Identification Card number is not personally 
14identifying information, provided that no other personal 
15information of the card holder is attached to the record. The 
16Illinois State Police may create and attach an alternate 
17unique identifying number to each Firearm Owner's 
18Identification Card number, instead of releasing the Firearm 
19Owner's Identification Card number itself.
20 (c) Each department, office, division, and agency of this 
21State shall, to the extent not inconsistent with law, 
22cooperate fully with the Illinois State Police and furnish the 
23Illinois State Police with all relevant information and 
24assistance on a timely basis as is necessary to accomplish the 
25purpose of this Act. The Illinois Criminal Justice Information 
26Authority shall submit the information required in subsection 
 
 
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1(a) of this Section to the Illinois State Police, and any other 
2information as the Illinois State Police may request, to 
3assist the Illinois State Police in carrying out its duties 
4under this Act.
5(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
6102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

7 Section 25. The First Responders Suicide Prevention Act is 
8amended by changing Section 40 as follows:

9 (5 ILCS 840/40)
10 Sec. 40. Task Force recommendations.
11 (a) Task Force members shall recommend that agencies and 
12organizations guarantee access to mental health and wellness 
13services, including, but not limited to, peer support programs 
14and providing ongoing education related to the ever-evolving 
15concept of mental health wellness. These recommendations could 
16be accomplished by:
17  (1) Revising agencies' and organizations' employee 
18 assistance programs (EAPs).
19  (2) Urging health care providers to replace outdated 
20 healthcare plans and include more progressive options 
21 catering to the needs and disproportionate risks 
22 shouldered by our first responders.
23  (3) Allocating funding or resources for public service 
24 announcements (PSA) and messaging campaigns aimed at 
 
 
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1 raising awareness of available assistance options.
2  (4) Encouraging agencies and organizations to attach 
3 lists of all available resources to training manuals and 
4 continuing education requirements. 
5 (b) Task Force members shall recommend agencies and 
6organizations sponsor or facilitate first responders with 
7specialized training in the areas of psychological fitness, 
8depressive disorders, early detection, and mitigation best 
9practices. Such trainings could be accomplished by:
10  (1) Assigning, appointing, or designating one member 
11 of an agency or organization to attend specialized 
12 training(s) sponsored by an accredited agency, 
13 association, or organization recognized in their fields of 
14 study.
15  (2) Seeking sponsorships or conducting fund-raisers, 
16 to host annual or semiannual on-site visits from qualified 
17 clinicians or physicians to provide early detection 
18 training techniques, or to provide regular access to 
19 mental health professionals.
20  (3) Requiring a minimum number of hours of disorders 
21 and wellness training be incorporated into reoccurring, 
22 annual or biannual training standards, examinations, and 
23 curriculums, taking into close consideration respective 
24 agency or organization size, frequency, and number of all 
25 current federal and state mandatory examinations and 
26 trainings expected respectively.
 
 
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1  (4) Not underestimating the crucial importance of a 
2 balanced diet, sleep, mindfulness-based stress reduction 
3 techniques, moderate and vigorous intensity activities, 
4 and recreational hobbies, which have been scientifically 
5 proven to play a major role in brain health and mental 
6 wellness. 
7 (c) Task Force members shall recommend that administrators 
8and leadership personnel solicit training services from 
9evidence-based, data driven organizations. Organizations with 
10personnel trained on the analytical review and interpretation 
11of specific fields related to the nature of first responders' 
12exploits, such as PTSD, substance abuse, chronic state of 
13duress. Task Force members shall further recommend funding for 
14expansion and messaging campaigns of preliminary 
15self-diagnosing technologies like the one described above. 
16These objectives could be met by:
17  (1) Contacting an accredited agency, association, or 
18 organization recognized in the field or fields of specific 
19 study. Unbeknownst to the majority, many of the agencies 
20 and organizations listed above receive grants and 
21 allocations to assist communities with the very issues 
22 being discussed in this Section.
23  (2) Normalizing help-seeking behaviors for both first 
24 responders and their families through regular messaging 
25 and peer support outreach, beginning with academy 
26 curricula and continuing education throughout individuals' 
 
 
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1 careers.
2  (3) Funding and implementing PSA campaigns that 
3 provide clear and concise calls to action about mental 
4 health and wellness, resiliency, help-seeking, treatment, 
5 and recovery.
6  (4) Promoting and raising awareness of not-for-profit 
7 organizations currently available to assist individuals in 
8 search of care and treatment. Organizations have intuitive 
9 user-friendly sites, most of which have mobile 
10 applications, so first responders can access at a moment's 
11 notice. However, because of limited funds, these 
12 organizations have a challenging time of getting the word 
13 out there about their existence.
14  (5) Expanding Family and Medical Leave Act protections 
15 for individuals voluntarily seeking preventative 
16 treatment.
17  (6) Promoting and ensuring complete patient 
18 confidentiality protections. 
19 (d) Task Force members shall recommend that agencies and 
20organizations incorporate the following training components 
21into already existing modules and educational curriculums. 
22Doing so could be done by:
23  (1) Bolstering academy and school curricula by 
24 requiring depressive disorder training catered to PTSD, 
25 substance abuse, and early detection techniques training, 
26 taking into close consideration respective agency or 
 
 
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1 organization size, and the frequency and number of all 
2 current federal and state mandatory examinations and 
3 trainings expected respectively.
4  (2) Continuing to allocate or match federal and state 
5 funds to maintain Mobile Training Units (MTUs). 
6  (3) Incorporating a state certificate for peer support 
7 training into already exiting statewide curriculums and 
8 mandatory examinations, annual State Fire Marshal 
9 examinations, and physical fitness examinations. The 
10 subject matter of the certificate should have an emphasis 
11 on mental health and wellness, as well as familiarization 
12 with topics ranging from clinical social work, clinical 
13 psychology, clinical behaviorist, and clinical psychiatry.
14  (4) Incorporating and performing statewide mental 
15 health check-ins during the same times as already mandated 
16 trainings. These checks are not to be compared or used as 
17 measures of fitness for duty evaluations or structured 
18 psychological examinations.
19  (5) Recommending comprehensive and evidence-based 
20 training on the importance of preventative measures on the 
21 topics of sleep, nutrition, mindfulness, and physical 
22 movement.
23  (6) (Blank). Law enforcement agencies should provide 
24 training on the Firearm Owner's Identification Card Act, 
25 including seeking relief from the Illinois State Police 
26 under Section 10 of the Firearm Owners Identification Card 
 
 
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1 Act and a FOID card being a continued condition of 
2 employment under Section 7.2 of the Uniform Peace 
3 Officers' Disciplinary Act. 
4(Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23.)

5 Section 30. The Department of Natural Resources 
6(Conservation) Law of the Civil Administrative Code of 
7Illinois is amended by changing Section 805-538 as follows:

8 (20 ILCS 805/805-538)
9 Sec. 805-538. Retiring officer; purchase of service 
10firearm and police badge. The Director of Natural Resources 
11shall establish a program to allow a Conservation Police 
12Officer who is honorably retiring in good standing to purchase 
13either one or both of the following: (1) any Department of 
14Natural Resources police badge previously issued to that 
15officer; or (2) if the officer has a currently valid Firearm 
16Owner's Identification Card, the service firearm issued or 
17previously issued to the officer by the Department of Natural 
18Resources. The cost of the firearm shall be the replacement 
19value of the firearm and not the firearm's fair market value.
20(Source: P.A. 100-931, eff. 8-17-18.)

21 Section 35. The Department of Revenue Law of the Civil 
22Administrative Code of Illinois is amended by changing Section 
232505-306 as follows:

 
 
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1 (20 ILCS 2505/2505-306)
2 Sec. 2505-306. Retiring investigators; purchase of service 
3firearm and badge. The Director shall establish a program to 
4allow a Department investigator who is honorably retiring in 
5good standing to purchase either one or both of the following: 
6(1) any badge previously issued to the investigator by the 
7Department; or (2) if the investigator has a currently valid 
8Firearm Owner's Identification Card, the service firearm 
9issued or previously issued to the investigator by the 
10Department. The cost of the firearm shall be the replacement 
11value of the firearm and not the firearm's fair market value.
12(Source: P.A. 102-719, eff. 5-6-22.)

13 Section 40. The Illinois State Police Law of the Civil 
14Administrative Code of Illinois is amended by changing 
15Sections 2605-10, 2605-45, 2605-200, 2605-595, and 2605-605 as 
16follows:

17 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
18 (Text of Section before amendment by P.A. 103-34)
19 Sec. 2605-10. Powers and duties, generally. 
20 (a) The Illinois State Police shall exercise the rights, 
21powers, and duties that have been vested in the Illinois State 
22Police by the following:
23  The Illinois State Police Act.
 
 
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1  The Illinois State Police Radio Act.
2  The Criminal Identification Act.
3  The Illinois Vehicle Code.
4  The Firearm Owners Identification Card Act.
5  The Firearm Concealed Carry Act.
6  The Gun Dealer Licensing Act.
7  The Intergovernmental Missing Child Recovery Act of 
8 1984.
9  The Intergovernmental Drug Laws Enforcement Act.
10  The Narcotic Control Division Abolition Act.
11 (b) The Illinois State Police shall have the powers and 
12duties set forth in the following Sections.
13(Source: P.A. 102-538, eff. 8-20-21.)

14 (Text of Section after amendment by P.A. 103-34)
15 Sec. 2605-10. Powers and duties, generally. 
16 (a) The Illinois State Police shall exercise the rights, 
17powers, and duties that have been vested in the Illinois State 
18Police by the following:
19  The Illinois State Police Act.
20  The Illinois State Police Radio Act.
21  The Criminal Identification Act.
22  The Illinois Vehicle Code.
23  The Firearm Owners Identification Card Act.
24  The Firearm Concealed Carry Act.
25  The Firearm Dealer License Certification Act.
 
 
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1  The Intergovernmental Missing Child Recovery Act of 
2 1984.
3  The Intergovernmental Drug Laws Enforcement Act.
4  The Narcotic Control Division Abolition Act.
5  The Illinois Uniform Conviction Information Act.
6  The Murderer and Violent Offender Against Youth 
7 Registration Act. 
8 (b) The Illinois State Police shall have the powers and 
9duties set forth in the following Sections.
10 (c) The Illinois State Police shall exercise the rights, 
11powers, and duties vested in the Illinois State Police to 
12implement the following protective service functions for State 
13facilities, State officials, and State employees serving in 
14their official capacity: 
15  (1) Utilize subject matter expertise and law 
16 enforcement authority to strengthen the protection of 
17 State government facilities, State employees, State 
18 officials, and State critical infrastructure. 
19  (2) Coordinate State, federal, and local law 
20 enforcement activities involving the protection of State 
21 facilities, officials, and employees. 
22  (3) Conduct investigations of criminal threats to 
23 State facilities, State critical infrastructure, State 
24 officials, and State employees. 
25  (4) Train State officials and employees in personal 
26 protection, crime prevention, facility occupant emergency 
 
 
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1 planning, and incident management. 
2  (5) Establish standard protocols for prevention and 
3 response to criminal threats to State facilities, State 
4 officials, State employees, and State critical 
5 infrastructure, and standard protocols for reporting of 
6 suspicious activities. 
7  (6) Establish minimum operational standards, 
8 qualifications, training, and compliance requirements for 
9 State employees and contractors engaged in the protection 
10 of State facilities and employees. 
11  (7) At the request of departments or agencies of State 
12 government, conduct security assessments, including, but 
13 not limited to, examination of alarm systems, cameras 
14 systems, access points, personnel readiness, and emergency 
15 protocols based on risk and need. 
16  (8) Oversee the planning and implementation of 
17 security and law enforcement activities necessary for the 
18 protection of major, multi-jurisdictional events 
19 implicating potential criminal threats to State officials, 
20 State employees, or State-owned, State-leased, or 
21 State-operated critical infrastructure or facilities. 
22  (9) Oversee and direct the planning and implementation 
23 of security and law enforcement activities by the 
24 departments and agencies of the State necessary for the 
25 protection of State employees, State officials, and 
26 State-owned, State-leased, or State-operated critical 
 
 
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1 infrastructure or facilities from criminal activity. 
2  (10) Advise the Governor and Homeland Security Advisor 
3 on any matters necessary for the effective protection of 
4 State facilities, critical infrastructure, officials, and 
5 employees from criminal threats. 
6  (11) Utilize intergovernmental agreements and 
7 administrative rules as needed for the effective, 
8 efficient implementation of law enforcement and support 
9 activities necessary for the protection of State 
10 facilities, State infrastructure, State officials, and 
11 State employees. 
12(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; 
13revised 9-25-23.)

14 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
15 (Text of Section before amendment by P.A. 103-34)
16 Sec. 2605-45. Division of Justice Services. The Division 
17of Justice Services shall exercise the following functions:
18  (1) Operate and maintain the Law Enforcement Agencies 
19 Data System (LEADS), a statewide, computerized 
20 telecommunications system designed to provide services, 
21 information, and capabilities to the law enforcement and 
22 criminal justice community in the State of Illinois. The 
23 Director is responsible for establishing policy, 
24 procedures, and regulations consistent with State and 
25 federal rules, policies, and law by which LEADS operates. 
 
 
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1 The Director shall designate a statewide LEADS 
2 Administrator for management of the system. The Director 
3 may appoint a LEADS Advisory Policy Board to reflect the 
4 needs and desires of the law enforcement and criminal 
5 justice community and to make recommendations concerning 
6 policies and procedures.
7  (2) Pursue research and the publication of studies 
8 pertaining to local law enforcement activities.
9  (3) Serve as the State's point of contact for the 
10 Federal Bureau of Investigation's Uniform Crime Reporting 
11 Program and National Incident-Based Reporting System.
12  (4) Operate an electronic data processing and computer 
13 center for the storage and retrieval of data pertaining to 
14 criminal activity.
15  (5) Exercise the rights, powers, and duties vested in 
16 the Illinois State Police by the Cannabis Regulation and 
17 Tax Act and the Compassionate Use of Medical Cannabis 
18 Program Act.
19  (6) (Blank).
20  (6.5) Exercise the rights, powers, and duties vested 
21 in the Illinois State Police by the Firearm Owners 
22 Identification Card Act, the Firearm Concealed Carry Act, 
23 and the Firearm Dealer License Certification Act.
24  (7) Exercise other duties that may be assigned by the 
25 Director to fulfill the responsibilities and achieve the 
26 purposes of the Illinois State Police.
 
 
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1  (8) Exercise the rights, powers, and duties vested by 
2 law in the Illinois State Police by the Criminal 
3 Identification Act. 
4  (9) Exercise the powers and perform the duties that 
5 have been vested in the Illinois State Police by the Sex 
6 Offender Registration Act and the Sex Offender Community 
7 Notification Law and adopt reasonable rules necessitated 
8 thereby. 
9(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)

10 (Text of Section after amendment by P.A. 103-34)
11 Sec. 2605-45. Division of Justice Services. The Division 
12of Justice Services shall provide administrative and technical 
13services and support to the Illinois State Police, criminal 
14justice agencies, and the public and shall exercise the 
15following functions:
16  (1) Operate and maintain the Law Enforcement Agencies 
17 Data System (LEADS), a statewide, computerized 
18 telecommunications system designed to provide services, 
19 information, and capabilities to the law enforcement and 
20 criminal justice community in the State of Illinois. The 
21 Director is responsible for establishing policy, 
22 procedures, and regulations consistent with State and 
23 federal rules, policies, and law by which LEADS operates. 
24 The Director shall designate a statewide LEADS 
25 Administrator for management of the system. The Director 
 
 
HB4327- 39 -LRB103 34892 RLC 64759 b


1 may appoint a LEADS Advisory Policy Board to reflect the 
2 needs and desires of the law enforcement and criminal 
3 justice community and to make recommendations concerning 
4 policies and procedures.
5  (2) Pursue research and the publication of studies 
6 pertaining to local law enforcement activities.
7  (3) Serve as the State's point of contact for the 
8 Federal Bureau of Investigation's Uniform Crime Reporting 
9 Program and National Incident-Based Reporting System.
10  (4) Operate an electronic data processing and computer 
11 center for the storage and retrieval of data pertaining to 
12 criminal activity.
13  (5) Exercise the rights, powers, and duties vested in 
14 the Illinois State Police by the Cannabis Regulation and 
15 Tax Act and the Compassionate Use of Medical Cannabis 
16 Program Act.
17  (6) (Blank).
18  (6.5) Exercise the rights, powers, and duties vested 
19 in the Illinois State Police by the Firearm Owners 
20 Identification Card Act, the Firearm Concealed Carry Act, 
21 the Firearm Transfer Inquiry Program, the prohibited 
22 persons portal under Section 2605-304, and the Firearm 
23 Dealer License Certification Act.
24  (7) Exercise other duties that may be assigned by the 
25 Director to fulfill the responsibilities and achieve the 
26 purposes of the Illinois State Police.
 
 
HB4327- 40 -LRB103 34892 RLC 64759 b


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

18 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
19 (Text of Section before amendment by P.A. 103-34)
20 Sec. 2605-200. Investigations of crime; enforcement of 
21laws; records; crime laboratories; personnel. 
22 (a) To do the following:
23  (1) Investigate the origins, activities, personnel, 
24 and incidents of crime and the ways and means to redress 
25 the victims of crimes; study the impact, if any, of 
 
 
HB4327- 41 -LRB103 34892 RLC 64759 b


1 legislation relative to the effusion of crime and growing 
2 crime rates; and enforce the criminal laws of this State 
3 related thereto.
4  (2) Enforce all laws regulating the production, sale, 
5 prescribing, manufacturing, administering, transporting, 
6 having in possession, dispensing, delivering, 
7 distributing, or use of controlled substances and 
8 cannabis.
9  (3) Employ skilled experts, scientists, technicians, 
10 investigators, or otherwise specially qualified persons to 
11 aid in preventing or detecting crime, apprehending 
12 criminals, or preparing and presenting evidence of 
13 violations of the criminal laws of the State.
14  (4) Cooperate with the police of cities, villages, and 
15 incorporated towns and with the police officers of any 
16 county in enforcing the laws of the State and in making 
17 arrests and recovering property.
18  (5) Apprehend and deliver up any person charged in 
19 this State or any other state of the United States with 
20 treason or a felony or other crime who has fled from 
21 justice and is found in this State.
22  (6) Conduct other investigations as provided by law.
23  (7) Be a central repository and custodian of criminal 
24 statistics for the State.
25  (8) Be a central repository for criminal history 
26 record information.
 
 
HB4327- 42 -LRB103 34892 RLC 64759 b


1  (9) Procure and file for record information that is 
2 necessary and helpful to plan programs of crime 
3 prevention, law enforcement, and criminal justice.
4  (10) Procure and file for record copies of 
5 fingerprints that may be required by law.
6  (11) Establish general and field crime laboratories.
7  (12) Register and file for record information that may 
8 be required by law for the issuance of firearm owner's 
9 identification cards under the Firearm Owners 
10 Identification Card Act and concealed carry licenses under 
11 the Firearm Concealed Carry Act.
12  (13) Employ laboratory technicians and other specially 
13 qualified persons to aid in the identification of criminal 
14 activity and the identification, collection, and recovery 
15 of cyber forensics, including but not limited to digital 
16 evidence, and may employ polygraph operators.
17  (14) Undertake other identification, information, 
18 laboratory, statistical, or registration activities that 
19 may be required by law.
20 (b) Persons exercising the powers set forth in subsection 
21(a) within the Illinois State Police are conservators of the 
22peace and as such have all the powers possessed by policemen in 
23cities and sheriffs, except that they may exercise those 
24powers anywhere in the State in cooperation with and after 
25contact with the local law enforcement officials. Those 
26persons may use false or fictitious names in the performance 
 
 
HB4327- 43 -LRB103 34892 RLC 64759 b


1of their duties under this Section, upon approval of the 
2Director, and shall not be subject to prosecution under the 
3criminal laws for that use.
4(Source: P.A. 102-538, eff. 8-20-21.)

5 (Text of Section after amendment by P.A. 103-34)
6 Sec. 2605-200. Investigations of crime; enforcement of 
7laws; records; crime laboratories; personnel. 
8 (a) To do the following:
9  (1) Investigate the origins, activities, personnel, 
10 and incidents of crime and the ways and means to redress 
11 the victims of crimes; study the impact, if any, of 
12 legislation relative to the effusion of crime and growing 
13 crime rates; and enforce the criminal laws of this State 
14 related thereto.
15  (2) Enforce all laws regulating the production, sale, 
16 prescribing, manufacturing, administering, transporting, 
17 having in possession, dispensing, delivering, 
18 distributing, or use of controlled substances and 
19 cannabis.
20  (3) Employ skilled experts, scientists, technicians, 
21 investigators, or otherwise specially qualified persons to 
22 aid in preventing or detecting crime, apprehending 
23 criminals, or preparing and presenting evidence of 
24 violations of the criminal laws of the State.
25  (4) Cooperate with the police of cities, villages, and 
 
 
HB4327- 44 -LRB103 34892 RLC 64759 b


1 incorporated towns and with the police officers of any 
2 county in enforcing the laws of the State and in making 
3 arrests and recovering property.
4  (5) Apprehend and deliver up any person charged in 
5 this State or any other state of the United States with 
6 treason or a felony or other crime who has fled from 
7 justice and is found in this State.
8  (6) Conduct other investigations as provided by law.
9  (7) Be a central repository and custodian of criminal 
10 statistics for the State.
11  (8) Be a central repository for criminal history 
12 record information.
13  (9) Procure and file for record information that is 
14 necessary and helpful to plan programs of crime 
15 prevention, law enforcement, and criminal justice.
16  (10) Procure and file for record copies of 
17 fingerprints that may be required by law.
18  (11) Establish general and field crime laboratories.
19  (12) Register and file for record information that may 
20 be required by law for the issuance of firearm owner's 
21 identification cards under the Firearm Owners 
22 Identification Card Act and concealed carry licenses under 
23 the Firearm Concealed Carry Act.
24  (13) Employ laboratory technicians and other specially 
25 qualified persons to aid in the identification of criminal 
26 activity and the identification, collection, and recovery 
 
 
HB4327- 45 -LRB103 34892 RLC 64759 b


1 of cyber forensics, including, but not limited to, digital 
2 evidence, and may employ polygraph operators and forensic 
3 anthropologists.
4  (14) Undertake other identification, information, 
5 laboratory, statistical, or registration activities that 
6 may be required by law.
7 (b) Persons exercising the powers set forth in subsection 
8(a) within the Illinois State Police are conservators of the 
9peace and as such have all the powers possessed by policemen in 
10cities and sheriffs, except that they may exercise those 
11powers anywhere in the State in cooperation with and after 
12contact with the local law enforcement officials. Those 
13persons may use false or fictitious names in the performance 
14of their duties under this Section, upon approval of the 
15Director, and shall not be subject to prosecution under the 
16criminal laws for that use.
17(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)

18 (20 ILCS 2605/2605-595)
19 Sec. 2605-595. State Police Firearm Services Fund.
20 (a) There is created in the State treasury a special fund 
21known as the State Police Firearm Services Fund. The Fund 
22shall receive revenue under the Firearm Concealed Carry Act 
23and , the Firearm Dealer License Certification Act, and 
24Section 5 of the Firearm Owners Identification Card Act. The 
25Fund may also receive revenue from grants, pass-through 
 
 
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1grants, donations, appropriations, and any other legal source.
2 (a-5) (Blank). 
3 (b) The Illinois State Police may use moneys in the Fund to 
4finance any of its lawful purposes, mandates, functions, and 
5duties under the Firearm Owners Identification Card Act, the 
6Firearm Dealer License Certification Act, and the Firearm 
7Concealed Carry Act, including the cost of sending notices of 
8expiration of Firearm Owner's Identification Cards, concealed 
9carry licenses, the prompt and efficient processing of 
10applications under the Firearm Owners Identification Card Act 
11and the Firearm Concealed Carry Act, the improved efficiency 
12and reporting of the LEADS and federal NICS law enforcement 
13data systems, and support for investigations required under 
14these Acts and law. Any surplus funds beyond what is needed to 
15comply with the aforementioned purposes shall be used by the 
16Illinois State Police to improve the Law Enforcement Agencies 
17Data System (LEADS) and criminal history background check 
18system. 
19 (c) Investment income that is attributable to the 
20investment of moneys in the Fund shall be retained in the Fund 
21for the uses specified in this Section. 
22(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 
23103-363, eff. 7-28-23.)

24 (20 ILCS 2605/2605-605)
25 Sec. 2605-605. Violent Crime Intelligence Task Force. The 
 
 
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1Director of the Illinois State Police shall establish a 
2statewide multi-jurisdictional Violent Crime Intelligence Task 
3Force led by the Illinois State Police dedicated to combating 
4gun violence, gun-trafficking, and other violent crime with 
5the primary mission of preservation of life and reducing the 
6occurrence and the fear of crime. The objectives of the Task 
7Force shall include, but not be limited to, reducing and 
8preventing illegal possession and use of firearms, 
9firearm-related homicides, and other violent crimes, and 
10solving firearm-related crimes. 
11 (1) The Task Force may develop and acquire information, 
12training, tools, and resources necessary to implement a 
13data-driven approach to policing, with an emphasis on 
14intelligence development.
15 (2) The Task Force may utilize information sharing, 
16partnerships, crime analysis, and evidence-based practices to 
17assist in the reduction of firearm-related shootings, 
18homicides, and gun-trafficking, including, but not limited to, 
19ballistic data, eTrace data, DNA evidence, latent 
20fingerprints, firearm training data, and National Integrated 
21Ballistic Information Network (NIBIN) data. The Task Force may 
22design a model crime gun intelligence strategy which may 
23include, but is not limited to, comprehensive collection and 
24documentation of all ballistic evidence, timely transfer of 
25NIBIN and eTrace leads to an intelligence center, which may 
26include the Division of Criminal Investigation of the Illinois 
 
 
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1State Police, timely dissemination of intelligence to 
2investigators, investigative follow-up, and coordinated 
3prosecution.
4 (3) The Task Force may recognize and utilize best 
5practices of community policing and may develop potential 
6partnerships with faith-based and community organizations to 
7achieve its goals.
8 (4) The Task Force may identify and utilize best practices 
9in drug-diversion programs and other community-based services 
10to redirect low-level offenders.
11 (5) The Task Force may assist in violence suppression 
12strategies including, but not limited to, details in 
13identified locations that have shown to be the most prone to 
14gun violence and violent crime, focused deterrence against 
15violent gangs and groups considered responsible for the 
16violence in communities, and other intelligence driven methods 
17deemed necessary to interrupt cycles of violence or prevent 
18retaliation.
19 (6) In consultation with the Chief Procurement Officer, 
20the Illinois State Police may obtain contracts for software, 
21commodities, resources, and equipment to assist the Task Force 
22with achieving this Act. Any contracts necessary to support 
23the delivery of necessary software, commodities, resources, 
24and equipment are not subject to the Illinois Procurement 
25Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and 
26Article 50 of that Code, provided that the Chief Procurement 
 
 
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1Officer may, in writing with justification, waive any 
2certification required under Article 50 of the Illinois 
3Procurement Code.
4 (7) (Blank). The Task Force shall conduct enforcement 
5operations against persons whose Firearm Owner's 
6Identification Cards have been revoked or suspended and 
7persons who fail to comply with the requirements of Section 
89.5 of the Firearm Owners Identification Card Act, 
9prioritizing individuals presenting a clear and present danger 
10to themselves or to others under paragraph (2) of subsection 
11(d) of Section 8.1 of the Firearm Owners Identification Card 
12Act.
13 (8) The Task Force shall collaborate with local law 
14enforcement agencies to enforce provisions of the Firearm 
15Owners Identification Card Act, the Firearm Concealed Carry 
16Act, the Firearm Dealer License Certification Act, and Article 
1724 of the Criminal Code of 2012.
18 (9) To implement this Section, the Director of the 
19Illinois State Police may establish intergovernmental 
20agreements with law enforcement agencies in accordance with 
21the Intergovernmental Cooperation Act.
22 (10) Law enforcement agencies that participate in 
23activities described in paragraphs (7) through (9) may apply 
24to the Illinois State Police for grants from the State Police 
25Revocation Enforcement Fund. 
26(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
 
 
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1102-813, eff. 5-13-22.)

2 (20 ILCS 2605/2605-304 rep.)
3 (20 ILCS 2605/2605-610 rep.)
4 Section 45. The Illinois State Police Law of the Civil 
5Administrative Code of Illinois is amended by repealing 
6Sections 2605-304 and 2605-610.

7 Section 50. The Illinois State Police Act is amended by 
8changing Section 17b as follows:

9 (20 ILCS 2610/17b)
10 Sec. 17b. Retiring officer; purchase of service firearm 
11and police badge. The Director of the Illinois State Police 
12shall establish a policy to allow a State Police officer who is 
13honorably retiring or separating in good standing to purchase 
14either one or both of the following: (i) any State Police badge 
15previously issued to that officer; or (ii) if the officer has a 
16currently valid Firearm Owner's Identification Card, the 
17service firearm issued or previously issued to the officer by 
18the Illinois State Police. The cost of the firearm purchased 
19shall be the replacement value of the firearm and not the 
20firearm's fair market value.
21(Source: P.A. 102-538, eff. 8-20-21.)

22 Section 55. The Criminal Identification Act is amended by 
 
 
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1changing Section 2.2 as follows:

2 (20 ILCS 2630/2.2)
3 Sec. 2.2. Notification to the Illinois State Police. Upon 
4judgment of conviction of a violation of Section 12-1, 12-2, 
512-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or 
6the Criminal Code of 2012 when the defendant has been 
7determined, pursuant to Section 112A-11.1 of the Code of 
8Criminal Procedure of 1963, to be subject to the prohibitions 
9of 18 U.S.C. 922(g)(9), the circuit court clerk shall include 
10notification and a copy of the written determination in a 
11report of the conviction to the Illinois State Police Firearm 
12Owner's Identification Card Office to enable the Illinois 
13State Police office to perform its duties under the Firearm 
14Concealed Carry Act and Sections 4 and 8 of the Firearm Owners 
15Identification Card Act and to report that determination to 
16the Federal Bureau of Investigation to assist the Federal 
17Bureau of Investigation in identifying persons prohibited from 
18purchasing and possessing a firearm pursuant to the provisions 
19of 18 U.S.C. 922. The written determination described in this 
20Section shall be included in the defendant's record of arrest 
21and conviction in the manner and form prescribed by the 
22Illinois State Police. 
23(Source: P.A. 102-538, eff. 8-20-21.)

24 Section 60. The Peace Officer Fire Investigation Act is 
 
 
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1amended by changing Section 1 as follows:

2 (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
3 Sec. 1. Peace officer status. 
4 (a) Any person who is a sworn member of any organized and 
5paid fire department of a political subdivision of this State 
6and is authorized to investigate fires or explosions for such 
7political subdivision and to determine the cause, origin and 
8circumstances of fires or explosions that are suspected to be 
9arson or arson-related crimes, may be classified as a peace 
10officer by the political subdivision or agency employing such 
11person. A person so classified shall possess the same powers 
12of arrest, search and seizure and the securing and service of 
13warrants as sheriffs of counties, and police officers within 
14the jurisdiction of their political subdivision. While in the 
15actual investigation and matters incident thereto, such person 
16may carry weapons as may be necessary, but only if that person 
17has satisfactorily completed (1) a training program offered or 
18approved by the Illinois Law Enforcement Training Standards 
19Board which substantially conforms to standards promulgated 
20pursuant to the Illinois Police Training Act and the Peace 
21Officer and Probation Officer Firearm Training Act; and (2) a 
22course in fire and arson investigation approved by the Office 
23of the State Fire Marshal pursuant to the Illinois Fire 
24Protection Training Act. Such training need not include 
25exposure to vehicle and traffic law, traffic control and crash 
 
 
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1investigation, or first aid, but shall include training in the 
2law relating to the rights of persons suspected of involvement 
3in criminal activities.
4 Any person granted the powers enumerated in this 
5subsection (a) may exercise such powers only during the actual 
6investigation of the cause, origin and circumstances of such 
7fires or explosions that are suspected to be arson or 
8arson-related crimes.
9 (b) Persons employed by the Office of the State Fire 
10Marshal to conduct arson investigations shall be designated 
11State Fire Marshal Arson Investigator Special Agents and shall 
12be peace officers with all of the powers of peace officers in 
13cities and sheriffs in counties, except that they may exercise 
14those powers throughout the State. These Special Agents may 
15exercise these powers only when engaging in official duties 
16during the actual investigation of the cause, origin, and 
17circumstances of such fires or explosions that are suspected 
18to be arson or arson-related crimes and may carry weapons at 
19all times, but only if they have satisfactorily completed (1) 
20a training course approved by the Illinois Law Enforcement 
21Training Standards Board that substantially conforms to the 
22standards promulgated pursuant to the Peace Officer and 
23Probation Officer Firearm Training Act and (2) a course in 
24fire and arson investigation approved by the Office of the 
25State Fire Marshal pursuant to the Illinois Fire Protection 
26Training Act. Such training need not include exposure to 
 
 
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1vehicle and traffic law, traffic control and crash 
2investigation, or first aid, but shall include training in the 
3law relating to the rights of persons suspected of involvement 
4in criminal activities.
5 For purposes of this subsection (b), a "State Fire Marshal 
6Arson Investigator Special Agent" does not include any fire 
7investigator, fireman, police officer, or other employee of 
8the federal government; any fire investigator, fireman, police 
9officer, or other employee of any unit of local government; or 
10any fire investigator, fireman, police officer, or other 
11employee of the State of Illinois other than an employee of the 
12Office of the State Fire Marshal assigned to investigate 
13arson. 
14 The State Fire Marshal must authorize to each employee of 
15the Office of the State Fire Marshal who is exercising the 
16powers of a peace officer a distinct badge that, on its face, 
17(i) clearly states that the badge is authorized by the Office 
18of the State Fire Marshal and (ii) contains a unique 
19identifying number. No other badge shall be authorized by the 
20Office of the State Fire Marshal, except that a badge, 
21different from the badge issued to peace officers, may be 
22authorized by the Office of the State Fire Marshal for the use 
23of fire prevention inspectors employed by that Office. Nothing 
24in this subsection prohibits the State Fire Marshal from 
25issuing shields or other distinctive identification to 
26employees not exercising the powers of a peace officer if the 
 
 
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1State Fire Marshal determines that a shield or distinctive 
2identification is needed by the employee to carry out his or 
3her responsibilities.
4 (c) The Office of the State Fire Marshal shall establish a 
5policy to allow a State Fire Marshal Arson Investigator 
6Special Agent who is honorably retiring or separating in good 
7standing to purchase either one or both of the following: (i) 
8any badge previously issued to that State Fire Marshal Arson 
9Investigator Special Agent; or (ii) if the State Fire Marshal 
10Arson Investigator Special Agent has a currently valid Firearm 
11Owner's Identification Card, the service firearm issued or 
12previously issued to the State Fire Marshal Arson Investigator 
13Special Agent by the Office of the State Fire Marshal. The cost 
14of the firearm purchased shall be the replacement value of the 
15firearm and not the firearm's fair market value. All funds 
16received by the agency under this program shall be deposited 
17into the Fire Prevention Fund. 
18(Source: P.A. 102-982, eff. 7-1-23.)

19 Section 65. The Illinois Criminal Justice Information Act 
20is amended by changing Section 7.9 as follows:

21 (20 ILCS 3930/7.9)
22 (Section scheduled to be repealed on July 1, 2027)
23 Sec. 7.9. Firearm Prohibitors and Records Improvement Task 
24Force.
 
 
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1 (a) As used in this Section, "firearms prohibitor" means 
2any factor listed in Section 4 of the Firearm Owners 
3Identification Card Act or Section 24-3 or 24-3.1 of the 
4Criminal Code of 2012 that prohibits a person from 
5transferring or possessing a firearm, firearm ammunition, 
6Firearm Owner's Identification Card, or concealed carry 
7license. 
8 (b) The Firearm Prohibitors and Records Improvement Task 
9Force is created to identify and research all available 
10grants, resources, and revenue that may be applied for and 
11used by all entities responsible for reporting federal and 
12State firearm prohibitors to the Illinois State Police and the 
13National Instant Criminal Background Check System. These Under 
14the Firearm Owners Identification Card Act, these reporting 
15entities include, but are not limited to, hospitals, courts, 
16law enforcement and corrections. The Task Force shall identify 
17weaknesses in reporting and recommend a strategy to direct 
18resources and revenue to ensuring reporting is reliable, 
19accurate, and timely. The Task Force shall inventory all 
20statutorily mandated firearm and gun violence related data 
21collection and reporting requirements, along with the agency 
22responsible for collecting that data, and identify gaps in 
23those requirements. The Task Force shall submit a coordinated 
24application with and through the Illinois Criminal Justice 
25Information Authority for federal funds from the National 
26Criminal History Improvement Program and the NICS Acts Record 
 
 
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1Improvement Program. The Firearm Prohibitors and Records 
2Improvement Task Force shall be comprised of the following 
3members, all of whom shall serve without compensation:
4  (1) the Executive Director of the Illinois Criminal 
5 Justice Information Authority, who shall serve as Chair;
6  (2) the Director of the Illinois State Police, or his 
7 or her designee;
8  (3) the Secretary of Human Services, or his or her 
9 designee;
10  (4) the Director of Corrections, or his or her 
11 designee;
12  (5) the Attorney General, or his or her designee;
13  (6) the Director of the Administrative Office of the 
14 Illinois Courts, or his or her designee; 
15  (7) a representative of an association representing 
16 circuit clerks appointed by the President of the Senate;
17  (8) a representative of an association representing 
18 sheriffs appointed by the House Minority Leader;
19  (9) a representative of an association representing 
20 State's Attorneys appointed by the House Minority Leader;
21  (10) a representative of an association representing 
22 chiefs of police appointed by the Senate Minority Leader;
23  (11) a representative of an association representing 
24 hospitals appointed by the Speaker of the House of 
25 Representatives;
26  (12) a representative of an association representing 
 
 
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1 counties appointed by the President of the Senate; and
2  (13) a representative of an association representing 
3 municipalities appointed by the Speaker of the House of 
4 Representatives.
5 (c) The Illinois Criminal Justice Information Authority 
6shall provide administrative and other support to the Task 
7Force. The Illinois State Police Division of Justice Services 
8shall also provide support to the Illinois Criminal Justice 
9Information Authority and the Task Force.
10 (d) The Task Force may meet in person or virtually and 
11shall issue a written report of its findings and 
12recommendations to General Assembly on or before July 1, 2022. 
13The Task Force shall issue an annual report, which shall 
14include information on the state of FOID data, including a 
15review of previous activity by the Task Force to close 
16previously identified gaps; identifying known (or new) gaps; a 
17proposal of policy and practice recommendations to close those 
18gaps; and a preview of expected activities of the Task Force 
19for the coming year.
20 (e) Within 60 days of the effective date of this 
21amendatory Act of the 102nd General Assembly, the Chair shall 
22establish the Task Force.
23 (f) This Section is repealed on July 1, 2027.
24(Source: P.A. 102-237, eff. 1-1-22.)

25 Section 70. The State Finance Act is amended by changing 
 
 
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1Sections 6z-99 and 6z-127 as follows:

2 (30 ILCS 105/6z-99)
3 Sec. 6z-99. The Mental Health Reporting Fund.
4 (a) There is created in the State treasury a special fund 
5known as the Mental Health Reporting Fund. The Fund shall 
6receive revenue under the Firearm Concealed Carry Act. The 
7Fund may also receive revenue from grants, pass-through 
8grants, donations, appropriations, and any other legal source.
9 (b) The Illinois State Police and Department of Human 
10Services shall coordinate to use moneys in the Fund to finance 
11their respective duties of collecting and reporting data on 
12mental health records and ensuring that mental health firearm 
13possession prohibitors are enforced as set forth under the 
14Firearm Concealed Carry Act and the Firearm Owners 
15Identification Card Act. Any surplus in the Fund beyond what 
16is necessary to ensure compliance with mental health reporting 
17under that Act these Acts shall be used by the Department of 
18Human Services for mental health treatment programs as 
19follows: (1) 50% shall be used to fund community-based mental 
20health programs aimed at reducing gun violence, community 
21integration and education, or mental health awareness and 
22prevention, including administrative costs; and (2) 50% shall 
23be used to award grants that use and promote the National 
24School Mental Health Curriculum model for school-based mental 
25health support, integration, and services.
 
 
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1 (c) Investment income that is attributable to the 
2investment of moneys in the Fund shall be retained in the Fund 
3for the uses specified in this Section.
4(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
5102-813, eff. 5-13-22.)

6 (30 ILCS 105/6z-127)
7 Sec. 6z-127. State Police Revocation Enforcement Fund.
8 (a) The State Police Revocation Enforcement Fund is 
9established as a special fund in the State treasury. This Fund 
10is established to receive moneys from the Firearm Owners 
11Identification Card Act to enforce that Act, the Firearm 
12Concealed Carry Act, Article 24 of the Criminal Code of 2012, 
13and other firearm offenses. The Fund may also receive revenue 
14from grants, donations, appropriations, and any other legal 
15source.
16 (b) The Illinois State Police may use moneys from the Fund 
17to establish task forces and, if necessary, include other law 
18enforcement agencies, under intergovernmental contracts 
19written and executed in conformity with the Intergovernmental 
20Cooperation Act.
21 (c) The Illinois State Police may use moneys in the Fund to 
22hire and train State Police officers and for the prevention of 
23violent crime.
24 (d) The State Police Revocation Enforcement Fund is not 
25subject to administrative chargebacks.
 
 
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1 (e) (Blank). Law enforcement agencies that participate in 
2Firearm Owner's Identification Card revocation enforcement in 
3the Violent Crime Intelligence Task Force may apply for grants 
4from the Illinois State Police.
5 (f) Any surplus in the Fund beyond what is necessary to 
6ensure compliance with subsections (a) through (e) or moneys 
7that are specifically appropriated for those purposes shall be 
8used by the Illinois State Police to award grants to assist 
9with the data reporting requirements of the Gun Trafficking 
10Information Act. 
11(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22; 
12103-34, eff. 6-9-23.)

13 Section 75. The Illinois Procurement Code is amended by 
14changing Section 1-10 as follows:

15 (30 ILCS 500/1-10)
16 Sec. 1-10. Application. 
17 (a) This Code applies only to procurements for which 
18bidders, offerors, potential contractors, or contractors were 
19first solicited on or after July 1, 1998. This Code shall not 
20be construed to affect or impair any contract, or any 
21provision of a contract, entered into based on a solicitation 
22prior to the implementation date of this Code as described in 
23Article 99, including, but not limited to, any covenant 
24entered into with respect to any revenue bonds or similar 
 
 
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1instruments. All procurements for which contracts are 
2solicited between the effective date of Articles 50 and 99 and 
3July 1, 1998 shall be substantially in accordance with this 
4Code and its intent.
5 (b) This Code shall apply regardless of the source of the 
6funds with which the contracts are paid, including federal 
7assistance moneys. This Code shall not apply to:
8  (1) Contracts between the State and its political 
9 subdivisions or other governments, or between State 
10 governmental bodies, except as specifically provided in 
11 this Code.
12  (2) Grants, except for the filing requirements of 
13 Section 20-80.
14  (3) Purchase of care, except as provided in Section 
15 5-30.6 of the Illinois Public Aid Code and this Section.
16  (4) Hiring of an individual as an employee and not as 
17 an independent contractor, whether pursuant to an 
18 employment code or policy or by contract directly with 
19 that individual.
20  (5) Collective bargaining contracts.
21  (6) Purchase of real estate, except that notice of 
22 this type of contract with a value of more than $25,000 
23 must be published in the Procurement Bulletin within 10 
24 calendar days after the deed is recorded in the county of 
25 jurisdiction. The notice shall identify the real estate 
26 purchased, the names of all parties to the contract, the 
 
 
HB4327- 63 -LRB103 34892 RLC 64759 b


1 value of the contract, and the effective date of the 
2 contract.
3  (7) Contracts necessary to prepare for anticipated 
4 litigation, enforcement actions, or investigations, 
5 provided that the chief legal counsel to the Governor 
6 shall give his or her prior approval when the procuring 
7 agency is one subject to the jurisdiction of the Governor, 
8 and provided that the chief legal counsel of any other 
9 procuring entity subject to this Code shall give his or 
10 her prior approval when the procuring entity is not one 
11 subject to the jurisdiction of the Governor.
12  (8) (Blank).
13  (9) Procurement expenditures by the Illinois 
14 Conservation Foundation when only private funds are used.
15  (10) (Blank). 
16  (11) Public-private agreements entered into according 
17 to the procurement requirements of Section 20 of the 
18 Public-Private Partnerships for Transportation Act and 
19 design-build agreements entered into according to the 
20 procurement requirements of Section 25 of the 
21 Public-Private Partnerships for Transportation Act.
22  (12) (A) Contracts for legal, financial, and other 
23 professional and artistic services entered into by the 
24 Illinois Finance Authority in which the State of Illinois 
25 is not obligated. Such contracts shall be awarded through 
26 a competitive process authorized by the members of the 
 
 
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1 Illinois Finance Authority and are subject to Sections 
2 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, 
3 as well as the final approval by the members of the 
4 Illinois Finance Authority of the terms of the contract.
5  (B) Contracts for legal and financial services entered 
6 into by the Illinois Housing Development Authority in 
7 connection with the issuance of bonds in which the State 
8 of Illinois is not obligated. Such contracts shall be 
9 awarded through a competitive process authorized by the 
10 members of the Illinois Housing Development Authority and 
11 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, 
12 and 50-37 of this Code, as well as the final approval by 
13 the members of the Illinois Housing Development Authority 
14 of the terms of the contract. 
15  (13) Contracts for services, commodities, and 
16 equipment to support the delivery of timely forensic 
17 science services in consultation with and subject to the 
18 approval of the Chief Procurement Officer as provided in 
19 subsection (d) of Section 5-4-3a of the Unified Code of 
20 Corrections, except for the requirements of Sections 
21 20-60, 20-65, 20-70, and 20-160 and Article 50 of this 
22 Code; however, the Chief Procurement Officer may, in 
23 writing with justification, waive any certification 
24 required under Article 50 of this Code. For any contracts 
25 for services which are currently provided by members of a 
26 collective bargaining agreement, the applicable terms of 
 
 
HB4327- 65 -LRB103 34892 RLC 64759 b


1 the collective bargaining agreement concerning 
2 subcontracting shall be followed.
3  On and after January 1, 2019, this paragraph (13), 
4 except for this sentence, is inoperative. 
5  (14) Contracts for participation expenditures required 
6 by a domestic or international trade show or exhibition of 
7 an exhibitor, member, or sponsor.
8  (15) Contracts with a railroad or utility that 
9 requires the State to reimburse the railroad or utilities 
10 for the relocation of utilities for construction or other 
11 public purpose. Contracts included within this paragraph 
12 (15) shall include, but not be limited to, those 
13 associated with: relocations, crossings, installations, 
14 and maintenance. For the purposes of this paragraph (15), 
15 "railroad" means any form of non-highway ground 
16 transportation that runs on rails or electromagnetic 
17 guideways and "utility" means: (1) public utilities as 
18 defined in Section 3-105 of the Public Utilities Act, (2) 
19 telecommunications carriers as defined in Section 13-202 
20 of the Public Utilities Act, (3) electric cooperatives as 
21 defined in Section 3.4 of the Electric Supplier Act, (4) 
22 telephone or telecommunications cooperatives as defined in 
23 Section 13-212 of the Public Utilities Act, (5) rural 
24 water or waste water systems with 10,000 connections or 
25 less, (6) a holder as defined in Section 21-201 of the 
26 Public Utilities Act, and (7) municipalities owning or 
 
 
HB4327- 66 -LRB103 34892 RLC 64759 b


1 operating utility systems consisting of public utilities 
2 as that term is defined in Section 11-117-2 of the 
3 Illinois Municipal Code. 
4  (16) Procurement expenditures necessary for the 
5 Department of Public Health to provide the delivery of 
6 timely newborn screening services in accordance with the 
7 Newborn Metabolic Screening Act. 
8  (17) Procurement expenditures necessary for the 
9 Department of Agriculture, the Department of Financial and 
10 Professional Regulation, the Department of Human Services, 
11 and the Department of Public Health to implement the 
12 Compassionate Use of Medical Cannabis Program and Opioid 
13 Alternative Pilot Program requirements and ensure access 
14 to medical cannabis for patients with debilitating medical 
15 conditions in accordance with the Compassionate Use of 
16 Medical Cannabis Program Act.
17  (18) This Code does not apply to any procurements 
18 necessary for the Department of Agriculture, the 
19 Department of Financial and Professional Regulation, the 
20 Department of Human Services, the Department of Commerce 
21 and Economic Opportunity, and the Department of Public 
22 Health to implement the Cannabis Regulation and Tax Act if 
23 the applicable agency has made a good faith determination 
24 that it is necessary and appropriate for the expenditure 
25 to fall within this exemption and if the process is 
26 conducted in a manner substantially in accordance with the 
 
 
HB4327- 67 -LRB103 34892 RLC 64759 b


1 requirements of Sections 20-160, 25-60, 30-22, 50-5, 
2 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
3 50-36, 50-37, 50-38, and 50-50 of this Code; however, for 
4 Section 50-35, compliance applies only to contracts or 
5 subcontracts over $100,000. Notice of each contract 
6 entered into under this paragraph (18) that is related to 
7 the procurement of goods and services identified in 
8 paragraph (1) through (9) of this subsection shall be 
9 published in the Procurement Bulletin within 14 calendar 
10 days after contract execution. The Chief Procurement 
11 Officer shall prescribe the form and content of the 
12 notice. Each agency shall provide the Chief Procurement 
13 Officer, on a monthly basis, in the form and content 
14 prescribed by the Chief Procurement Officer, a report of 
15 contracts that are related to the procurement of goods and 
16 services identified in this subsection. At a minimum, this 
17 report shall include the name of the contractor, a 
18 description of the supply or service provided, the total 
19 amount of the contract, the term of the contract, and the 
20 exception to this Code utilized. A copy of any or all of 
21 these contracts shall be made available to the Chief 
22 Procurement Officer immediately upon request. The Chief 
23 Procurement Officer shall submit a report to the Governor 
24 and General Assembly no later than November 1 of each year 
25 that includes, at a minimum, an annual summary of the 
26 monthly information reported to the Chief Procurement 
 
 
HB4327- 68 -LRB103 34892 RLC 64759 b


1 Officer. This exemption becomes inoperative 5 years after 
2 June 25, 2019 (the effective date of Public Act 101-27).
3  (19) Acquisition of modifications or adjustments, 
4 limited to assistive technology devices and assistive 
5 technology services, adaptive equipment, repairs, and 
6 replacement parts to provide reasonable accommodations (i) 
7 that enable a qualified applicant with a disability to 
8 complete the job application process and be considered for 
9 the position such qualified applicant desires, (ii) that 
10 modify or adjust the work environment to enable a 
11 qualified current employee with a disability to perform 
12 the essential functions of the position held by that 
13 employee, (iii) to enable a qualified current employee 
14 with a disability to enjoy equal benefits and privileges 
15 of employment as are enjoyed by other similarly situated 
16 employees without disabilities, and (iv) that allow a 
17 customer, client, claimant, or member of the public 
18 seeking State services full use and enjoyment of and 
19 access to its programs, services, or benefits. 
20  For purposes of this paragraph (19):
21  "Assistive technology devices" means any item, piece 
22 of equipment, or product system, whether acquired 
23 commercially off the shelf, modified, or customized, that 
24 is used to increase, maintain, or improve functional 
25 capabilities of individuals with disabilities.
26  "Assistive technology services" means any service that 
 
 
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1 directly assists an individual with a disability in 
2 selection, acquisition, or use of an assistive technology 
3 device.
4  "Qualified" has the same meaning and use as provided 
5 under the federal Americans with Disabilities Act when 
6 describing an individual with a disability. 
7  (20) Procurement expenditures necessary for the 
8 Illinois Commerce Commission to hire third-party 
9 facilitators pursuant to Sections 16-105.17 and 16-108.18 
10 of the Public Utilities Act or an ombudsman pursuant to 
11 Section 16-107.5 of the Public Utilities Act, a 
12 facilitator pursuant to Section 16-105.17 of the Public 
13 Utilities Act, or a grid auditor pursuant to Section 
14 16-105.10 of the Public Utilities Act. 
15  (21) Procurement expenditures for the purchase, 
16 renewal, and expansion of software, software licenses, or 
17 software maintenance agreements that support the efforts 
18 of the Illinois State Police to enforce, regulate, and 
19 administer the Firearm Owners Identification Card Act, the 
20 Firearm Concealed Carry Act, the Firearms Restraining 
21 Order Act, the Firearm Dealer License Certification Act, 
22 the Law Enforcement Agencies Data System (LEADS), the 
23 Uniform Crime Reporting Act, the Criminal Identification 
24 Act, the Illinois Uniform Conviction Information Act, and 
25 the Gun Trafficking Information Act, or establish or 
26 maintain record management systems necessary to conduct 
 
 
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1 human trafficking investigations or gun trafficking or 
2 other stolen firearm investigations. This paragraph (21) 
3 applies to contracts entered into on or after January 10, 
4 2023 (the effective date of Public Act 102-1116) this 
5 amendatory Act of the 102nd General Assembly and the 
6 renewal of contracts that are in effect on January 10, 
7 2023 (the effective date of Public Act 102-1116) this 
8 amendatory Act of the 102nd General Assembly. 
9  (22) Contracts for project management services and 
10 system integration services required for the completion of 
11 the State's enterprise resource planning project. This 
12 exemption becomes inoperative 5 years after June 7, 2023 
13 (the effective date of the changes made to this Section by 
14 Public Act 103-8) this amendatory Act of the 103rd General 
15 Assembly. This paragraph (22) applies to contracts entered 
16 into on or after June 7, 2023 (the effective date of the 
17 changes made to this Section by Public Act 103-8) this 
18 amendatory Act of the 103rd General Assembly and the 
19 renewal of contracts that are in effect on 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. 
23  (23) (22) Procurements necessary for the Department of 
24 Insurance to implement the Illinois Health Benefits 
25 Exchange Law if the Department of Insurance has made a 
26 good faith determination that it is necessary and 
 
 
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1 appropriate for the expenditure to fall within this 
2 exemption. The procurement process shall be conducted in a 
3 manner substantially in accordance with the requirements 
4 of Sections 20-160 and 25-60 and Article 50 of this Code. A 
5 copy of these contracts shall be made available to the 
6 Chief Procurement Officer immediately upon request. This 
7 paragraph is inoperative 5 years after June 27, 2023 (the 
8 effective date of Public Act 103-103) this amendatory Act 
9 of the 103rd General Assembly. 
10 Notwithstanding any other provision of law, for contracts 
11with an annual value of more than $100,000 entered into on or 
12after October 1, 2017 under an exemption provided in any 
13paragraph of this subsection (b), except paragraph (1), (2), 
14or (5), each State agency shall post to the appropriate 
15procurement bulletin the name of the contractor, a description 
16of the supply or service provided, the total amount of the 
17contract, the term of the contract, and the exception to the 
18Code utilized. The chief procurement officer shall submit a 
19report to the Governor and General Assembly no later than 
20November 1 of each year that shall include, at a minimum, an 
21annual summary of the monthly information reported to the 
22chief procurement officer. 
23 (c) This Code does not apply to the electric power 
24procurement process provided for under Section 1-75 of the 
25Illinois Power Agency Act and Section 16-111.5 of the Public 
26Utilities Act.
 
 
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1 (d) Except for Section 20-160 and Article 50 of this Code, 
2and as expressly required by Section 9.1 of the Illinois 
3Lottery Law, the provisions of this Code do not apply to the 
4procurement process provided for under Section 9.1 of the 
5Illinois Lottery Law. 
6 (e) This Code does not apply to the process used by the 
7Capital Development Board to retain a person or entity to 
8assist the Capital Development Board with its duties related 
9to the determination of costs of a clean coal SNG brownfield 
10facility, as defined by Section 1-10 of the Illinois Power 
11Agency Act, as required in subsection (h-3) of Section 9-220 
12of the Public Utilities Act, including calculating the range 
13of capital costs, the range of operating and maintenance 
14costs, or the sequestration costs or monitoring the 
15construction of clean coal SNG brownfield facility for the 
16full duration of construction.
17 (f) (Blank). 
18 (g) (Blank).
19 (h) This Code does not apply to the process to procure or 
20contracts entered into in accordance with Sections 11-5.2 and 
2111-5.3 of the Illinois Public Aid Code. 
22 (i) Each chief procurement officer may access records 
23necessary to review whether a contract, purchase, or other 
24expenditure is or is not subject to the provisions of this 
25Code, unless such records would be subject to attorney-client 
26privilege. 
 
 
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1 (j) This Code does not apply to the process used by the 
2Capital Development Board to retain an artist or work or works 
3of art as required in Section 14 of the Capital Development 
4Board Act. 
5 (k) This Code does not apply to the process to procure 
6contracts, or contracts entered into, by the State Board of 
7Elections or the State Electoral Board for hearing officers 
8appointed pursuant to the Election Code. 
9 (l) This Code does not apply to the processes used by the 
10Illinois Student Assistance Commission to procure supplies and 
11services paid for from the private funds of the Illinois 
12Prepaid Tuition Fund. As used in this subsection (l), "private 
13funds" means funds derived from deposits paid into the 
14Illinois Prepaid Tuition Trust Fund and the earnings thereon. 
15 (m) This Code shall apply regardless of the source of 
16funds with which contracts are paid, including federal 
17assistance moneys. Except as specifically provided in this 
18Code, this Code shall not apply to procurement expenditures 
19necessary for the Department of Public Health to conduct the 
20Healthy Illinois Survey in accordance with Section 2310-431 of 
21the Department of Public Health Powers and Duties Law of the 
22Civil Administrative Code of Illinois. 
23(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; 
24102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. 
259-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 
26102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. 
 
 
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16-27-23; revised 9-5-23.)

2 Section 80. The Intergovernmental Drug Laws Enforcement 
3Act is amended by changing Section 3 as follows:

4 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
5 Sec. 3. A Metropolitan Enforcement Group which meets the 
6minimum criteria established in this Section is eligible to 
7receive State grants to help defray the costs of operation. To 
8be eligible a MEG must:
9  (1) Be established and operating pursuant to 
10 intergovernmental contracts written and executed in 
11 conformity with the Intergovernmental Cooperation Act, and 
12 involve 2 or more units of local government.
13  (2) Establish a MEG Policy Board composed of an 
14 elected official, or his designee, and the chief law 
15 enforcement officer, or his designee, from each 
16 participating unit of local government to oversee the 
17 operations of the MEG and make such reports to the 
18 Illinois State Police as the Illinois State Police may 
19 require.
20  (3) Designate a single appropriate elected official of 
21 a participating unit of local government to act as the 
22 financial officer of the MEG for all participating units 
23 of local government and to receive funds for the operation 
24 of the MEG.
 
 
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1  (4) Limit its operations to enforcement of drug laws; 
2 enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2, 
3 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3, 
4 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, 
5 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code 
6 of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm 
7 Owners Identification Card Act; and the investigation of 
8 streetgang related offenses.
9  (5) Cooperate with the Illinois State Police in order 
10 to assure compliance with this Act and to enable the 
11 Illinois State Police to fulfill its duties under this 
12 Act, and supply the Illinois State Police with all 
13 information the Illinois State Police deems necessary 
14 therefor.
15  (6) Receive funding of at least 50% of the total 
16 operating budget of the MEG from the participating units 
17 of local government.
18(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
19102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

20 Section 85. The Peace Officer Firearm Training Act is 
21amended by changing Section 1 as follows:

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

20 (50 ILCS 725/7.2 rep.)
21 Section 90. The Uniform Peace Officers' Disciplinary Act 
22is amended by repealing Section 7.2.

23 Section 95. The Counties Code is amended by changing 
24Section 3-6042 as follows:

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

17 Section 100. The School Code is amended by changing 
18Sections 10-22.6, 10-27.1A and 34-8.05 as follows:

19 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
20 (Text of Section before amendment by P.A. 102-466)
21 Sec. 10-22.6. Suspension or expulsion of pupils; school 
22searches. 
23 (a) To expel pupils guilty of gross disobedience or 
 
 
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1misconduct, including gross disobedience or misconduct 
2perpetuated by electronic means, pursuant to subsection (b-20) 
3of this Section, and no action shall lie against them for such 
4expulsion. Expulsion shall take place only after the parents 
5have been requested to appear at a meeting of the board, or 
6with a hearing officer appointed by it, to discuss their 
7child's behavior. Such request shall be made by registered or 
8certified mail and shall state the time, place and purpose of 
9the meeting. The board, or a hearing officer appointed by it, 
10at such meeting shall state the reasons for dismissal and the 
11date on which the expulsion is to become effective. If a 
12hearing officer is appointed by the board, he shall report to 
13the board a written summary of the evidence heard at the 
14meeting and the board may take such action thereon as it finds 
15appropriate. If the board acts to expel a pupil, the written 
16expulsion decision shall detail the specific reasons why 
17removing the pupil from the learning environment is in the 
18best interest of the school. The expulsion decision shall also 
19include a rationale as to the specific duration of the 
20expulsion. An expelled pupil may be immediately transferred to 
21an alternative program in the manner provided in Article 13A 
22or 13B of this Code. A pupil must not be denied transfer 
23because of the expulsion, except in cases in which such 
24transfer is deemed to cause a threat to the safety of students 
25or staff in the alternative program.
26 (b) To suspend or by policy to authorize the 
 
 
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1superintendent of the district or the principal, assistant 
2principal, or dean of students of any school to suspend pupils 
3guilty of gross disobedience or misconduct, or to suspend 
4pupils guilty of gross disobedience or misconduct on the 
5school bus from riding the school bus, pursuant to subsections 
6(b-15) and (b-20) of this Section, and no action shall lie 
7against them for such suspension. The board may by policy 
8authorize the superintendent of the district or the principal, 
9assistant principal, or dean of students of any school to 
10suspend pupils guilty of such acts for a period not to exceed 
1110 school days. If a pupil is suspended due to gross 
12disobedience or misconduct on a school bus, the board may 
13suspend the pupil in excess of 10 school days for safety 
14reasons. 
15 Any suspension shall be reported immediately to the 
16parents or guardian of a pupil along with a full statement of 
17the reasons for such suspension and a notice of their right to 
18a review. The school board must be given a summary of the 
19notice, including the reason for the suspension and the 
20suspension length. Upon request of the parents or guardian, 
21the school board or a hearing officer appointed by it shall 
22review such action of the superintendent or principal, 
23assistant principal, or dean of students. At such review, the 
24parents or guardian of the pupil may appear and discuss the 
25suspension with the board or its hearing officer. If a hearing 
26officer is appointed by the board, he shall report to the board 
 
 
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1a written summary of the evidence heard at the meeting. After 
2its hearing or upon receipt of the written report of its 
3hearing officer, the board may take such action as it finds 
4appropriate. If a student is suspended pursuant to this 
5subsection (b), the board shall, in the written suspension 
6decision, detail the specific act of gross disobedience or 
7misconduct resulting in the decision to suspend. The 
8suspension decision shall also include a rationale as to the 
9specific duration of the suspension. A pupil who is suspended 
10in excess of 20 school days may be immediately transferred to 
11an alternative program in the manner provided in Article 13A 
12or 13B of this Code. A pupil must not be denied transfer 
13because of the suspension, except in cases in which such 
14transfer is deemed to cause a threat to the safety of students 
15or staff in the alternative program.
16 (b-5) Among the many possible disciplinary interventions 
17and consequences available to school officials, school 
18exclusions, such as out-of-school suspensions and expulsions, 
19are the most serious. School officials shall limit the number 
20and duration of expulsions and suspensions to the greatest 
21extent practicable, and it is recommended that they use them 
22only for legitimate educational purposes. To ensure that 
23students are not excluded from school unnecessarily, it is 
24recommended that school officials consider forms of 
25non-exclusionary discipline prior to using out-of-school 
26suspensions or expulsions.
 
 
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1 (b-10) Unless otherwise required by federal law or this 
2Code, school boards may not institute zero-tolerance policies 
3by which school administrators are required to suspend or 
4expel students for particular behaviors.
5 (b-15) Out-of-school suspensions of 3 days or less may be 
6used only if the student's continuing presence in school would 
7pose a threat to school safety or a disruption to other 
8students' learning opportunities. For purposes of this 
9subsection (b-15), "threat to school safety or a disruption to 
10other students' learning opportunities" shall be determined on 
11a case-by-case basis by the school board or its designee. 
12School officials shall make all reasonable efforts to resolve 
13such threats, address such disruptions, and minimize the 
14length of suspensions to the greatest extent practicable.
15 (b-20) Unless otherwise required by this Code, 
16out-of-school suspensions of longer than 3 days, expulsions, 
17and disciplinary removals to alternative schools may be used 
18only if other appropriate and available behavioral and 
19disciplinary interventions have been exhausted and the 
20student's continuing presence in school would either (i) pose 
21a threat to the safety of other students, staff, or members of 
22the school community or (ii) substantially disrupt, impede, or 
23interfere with the operation of the school. For purposes of 
24this subsection (b-20), "threat to the safety of other 
25students, staff, or members of the school community" and 
26"substantially disrupt, impede, or interfere with the 
 
 
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1operation of the school" shall be determined on a case-by-case 
2basis by school officials. For purposes of this subsection 
3(b-20), the determination of whether "appropriate and 
4available behavioral and disciplinary interventions have been 
5exhausted" shall be made by school officials. School officials 
6shall make all reasonable efforts to resolve such threats, 
7address such disruptions, and minimize the length of student 
8exclusions to the greatest extent practicable. Within the 
9suspension decision described in subsection (b) of this 
10Section or the expulsion decision described in subsection (a) 
11of this Section, it shall be documented whether other 
12interventions were attempted or whether it was determined that 
13there were no other appropriate and available interventions.
14 (b-25) Students who are suspended out-of-school for longer 
15than 4 school days shall be provided appropriate and available 
16support services during the period of their suspension. For 
17purposes of this subsection (b-25), "appropriate and available 
18support services" shall be determined by school authorities. 
19Within the suspension decision described in subsection (b) of 
20this Section, it shall be documented whether such services are 
21to be provided or whether it was determined that there are no 
22such appropriate and available services.
23 A school district may refer students who are expelled to 
24appropriate and available support services.
25 A school district shall create a policy to facilitate the 
26re-engagement of students who are suspended out-of-school, 
 
 
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1expelled, or returning from an alternative school setting.
2 (b-30) A school district shall create a policy by which 
3suspended pupils, including those pupils suspended from the 
4school bus who do not have alternate transportation to school, 
5shall have the opportunity to make up work for equivalent 
6academic credit. It shall be the responsibility of a pupil's 
7parent or guardian to notify school officials that a pupil 
8suspended from the school bus does not have alternate 
9transportation to school. 
10 (c) A school board must invite a representative from a 
11local mental health agency to consult with the board at the 
12meeting whenever there is evidence that mental illness may be 
13the cause of a student's expulsion or suspension.
14 (c-5) School districts shall make reasonable efforts to 
15provide ongoing professional development to teachers, 
16administrators, school board members, school resource 
17officers, and staff on the adverse consequences of school 
18exclusion and justice-system involvement, effective classroom 
19management strategies, culturally responsive discipline, the 
20appropriate and available supportive services for the 
21promotion of student attendance and engagement, and 
22developmentally appropriate disciplinary methods that promote 
23positive and healthy school climates. 
24 (d) The board may expel a student for a definite period of 
25time not to exceed 2 calendar years, as determined on a 
26case-by-case basis. A student who is determined to have 
 
 
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1brought one of the following objects to school, any 
2school-sponsored activity or event, or any activity or event 
3that bears a reasonable relationship to school shall be 
4expelled for a period of not less than one year:
5  (1) A firearm. For the purposes of this Section, 
6 "firearm" means any gun, rifle, shotgun, weapon as defined 
7 by Section 921 of Title 18 of the United States Code, 
8 firearm as defined in Section 2-7.5 1.1 of the Firearm 
9 Owners Identification Card Act, or firearm as defined in 
10 Section 24-1 of the Criminal Code of 2012. The expulsion 
11 period under this subdivision (1) may be modified by the 
12 superintendent, and the superintendent's determination may 
13 be modified by the board on a case-by-case basis.
14  (2) A knife, brass knuckles or other knuckle weapon 
15 regardless of its composition, a billy club, or any other 
16 object if used or attempted to be used to cause bodily 
17 harm, including "look alikes" of any firearm as defined in 
18 subdivision (1) of this subsection (d). The expulsion 
19 requirement under this subdivision (2) may be modified by 
20 the superintendent, and the superintendent's determination 
21 may be modified by the board on a case-by-case basis. 
22Expulsion or suspension shall be construed in a manner 
23consistent with the federal Individuals with Disabilities 
24Education Act. A student who is subject to suspension or 
25expulsion as provided in this Section may be eligible for a 
26transfer to an alternative school program in accordance with 
 
 
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1Article 13A of the School Code.
2 (d-5) The board may suspend or by regulation authorize the 
3superintendent of the district or the principal, assistant 
4principal, or dean of students of any school to suspend a 
5student for a period not to exceed 10 school days or may expel 
6a student for a definite period of time not to exceed 2 
7calendar years, as determined on a case-by-case basis, if (i) 
8that student has been determined to have made an explicit 
9threat on an Internet website against a school employee, a 
10student, or any school-related personnel, (ii) the Internet 
11website through which the threat was made is a site that was 
12accessible within the school at the time the threat was made or 
13was available to third parties who worked or studied within 
14the school grounds at the time the threat was made, and (iii) 
15the threat could be reasonably interpreted as threatening to 
16the safety and security of the threatened individual because 
17of his or her duties or employment status or status as a 
18student inside the school. 
19 (e) To maintain order and security in the schools, school 
20authorities may inspect and search places and areas such as 
21lockers, desks, parking lots, and other school property and 
22equipment owned or controlled by the school, as well as 
23personal effects left in those places and areas by students, 
24without notice to or the consent of the student, and without a 
25search warrant. As a matter of public policy, the General 
26Assembly finds that students have no reasonable expectation of 
 
 
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1privacy in these places and areas or in their personal effects 
2left in these places and areas. School authorities may request 
3the assistance of law enforcement officials for the purpose of 
4conducting inspections and searches of lockers, desks, parking 
5lots, and other school property and equipment owned or 
6controlled by the school for illegal drugs, weapons, or other 
7illegal or dangerous substances or materials, including 
8searches conducted through the use of specially trained dogs. 
9If a search conducted in accordance with this Section produces 
10evidence that the student has violated or is violating either 
11the law, local ordinance, or the school's policies or rules, 
12such evidence may be seized by school authorities, and 
13disciplinary action may be taken. School authorities may also 
14turn over such evidence to law enforcement authorities.
15 (f) Suspension or expulsion may include suspension or 
16expulsion from school and all school activities and a 
17prohibition from being present on school grounds.
18 (g) A school district may adopt a policy providing that if 
19a student is suspended or expelled for any reason from any 
20public or private school in this or any other state, the 
21student must complete the entire term of the suspension or 
22expulsion in an alternative school program under Article 13A 
23of this Code or an alternative learning opportunities program 
24under Article 13B of this Code before being admitted into the 
25school district if there is no threat to the safety of students 
26or staff in the alternative program.
 
 
HB4327- 87 -LRB103 34892 RLC 64759 b


1 (h) School officials shall not advise or encourage 
2students to drop out voluntarily due to behavioral or academic 
3difficulties.
4 (i) A student may not be issued a monetary fine or fee as a 
5disciplinary consequence, though this shall not preclude 
6requiring a student to provide restitution for lost, stolen, 
7or damaged property.
8 (j) Subsections (a) through (i) of this Section shall 
9apply to elementary and secondary schools, charter schools, 
10special charter districts, and school districts organized 
11under Article 34 of this Code. 
12 (k) The expulsion of children enrolled in programs funded 
13under Section 1C-2 of this Code is subject to the requirements 
14under paragraph (7) of subsection (a) of Section 2-3.71 of 
15this Code.
16 (l) Beginning with the 2018-2019 school year, an in-school 
17suspension program provided by a school district for any 
18students in kindergarten through grade 12 may focus on 
19promoting non-violent conflict resolution and positive 
20interaction with other students and school personnel. A school 
21district may employ a school social worker or a licensed 
22mental health professional to oversee an in-school suspension 
23program in kindergarten through grade 12. 
24(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; 
25102-813, eff. 5-13-22.)

 
 
HB4327- 88 -LRB103 34892 RLC 64759 b


1 (Text of Section after amendment by P.A. 102-466)
2 Sec. 10-22.6. Suspension or expulsion of pupils; school 
3searches. 
4 (a) To expel pupils guilty of gross disobedience or 
5misconduct, including gross disobedience or misconduct 
6perpetuated by electronic means, pursuant to subsection (b-20) 
7of this Section, and no action shall lie against them for such 
8expulsion. Expulsion shall take place only after the parents 
9or guardians have been requested to appear at a meeting of the 
10board, or with a hearing officer appointed by it, to discuss 
11their child's behavior. Such request shall be made by 
12registered or certified mail and shall state the time, place 
13and purpose of the meeting. The board, or a hearing officer 
14appointed by it, at such meeting shall state the reasons for 
15dismissal and the date on which the expulsion is to become 
16effective. If a hearing officer is appointed by the board, he 
17shall report to the board a written summary of the evidence 
18heard at the meeting and the board may take such action thereon 
19as it finds appropriate. If the board acts to expel a pupil, 
20the written expulsion decision shall detail the specific 
21reasons why removing the pupil from the learning environment 
22is in the best interest of the school. The expulsion decision 
23shall also include a rationale as to the specific duration of 
24the expulsion. An expelled pupil may be immediately 
25transferred to an alternative program in the manner provided 
26in Article 13A or 13B of this Code. A pupil must not be denied 
 
 
HB4327- 89 -LRB103 34892 RLC 64759 b


1transfer because of the expulsion, except in cases in which 
2such transfer is deemed to cause a threat to the safety of 
3students or staff in the alternative program.
4 (b) To suspend or by policy to authorize the 
5superintendent of the district or the principal, assistant 
6principal, or dean of students of any school to suspend pupils 
7guilty of gross disobedience or misconduct, or to suspend 
8pupils guilty of gross disobedience or misconduct on the 
9school bus from riding the school bus, pursuant to subsections 
10(b-15) and (b-20) of this Section, and no action shall lie 
11against them for such suspension. The board may by policy 
12authorize the superintendent of the district or the principal, 
13assistant principal, or dean of students of any school to 
14suspend pupils guilty of such acts for a period not to exceed 
1510 school days. If a pupil is suspended due to gross 
16disobedience or misconduct on a school bus, the board may 
17suspend the pupil in excess of 10 school days for safety 
18reasons. 
19 Any suspension shall be reported immediately to the 
20parents or guardians of a pupil along with a full statement of 
21the reasons for such suspension and a notice of their right to 
22a review. The school board must be given a summary of the 
23notice, including the reason for the suspension and the 
24suspension length. Upon request of the parents or guardians, 
25the school board or a hearing officer appointed by it shall 
26review such action of the superintendent or principal, 
 
 
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1assistant principal, or dean of students. At such review, the 
2parents or guardians of the pupil may appear and discuss the 
3suspension with the board or its hearing officer. If a hearing 
4officer is appointed by the board, he shall report to the board 
5a written summary of the evidence heard at the meeting. After 
6its hearing or upon receipt of the written report of its 
7hearing officer, the board may take such action as it finds 
8appropriate. If a student is suspended pursuant to this 
9subsection (b), the board shall, in the written suspension 
10decision, detail the specific act of gross disobedience or 
11misconduct resulting in the decision to suspend. The 
12suspension decision shall also include a rationale as to the 
13specific duration of the suspension. A pupil who is suspended 
14in excess of 20 school days may be immediately transferred to 
15an alternative program in the manner provided in Article 13A 
16or 13B of this Code. A pupil must not be denied transfer 
17because of the suspension, except in cases in which such 
18transfer is deemed to cause a threat to the safety of students 
19or staff in the alternative program.
20 (b-5) Among the many possible disciplinary interventions 
21and consequences available to school officials, school 
22exclusions, such as out-of-school suspensions and expulsions, 
23are the most serious. School officials shall limit the number 
24and duration of expulsions and suspensions to the greatest 
25extent practicable, and it is recommended that they use them 
26only for legitimate educational purposes. To ensure that 
 
 
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1students are not excluded from school unnecessarily, it is 
2recommended that school officials consider forms of 
3non-exclusionary discipline prior to using out-of-school 
4suspensions or expulsions.
5 (b-10) Unless otherwise required by federal law or this 
6Code, school boards may not institute zero-tolerance policies 
7by which school administrators are required to suspend or 
8expel students for particular behaviors.
9 (b-15) Out-of-school suspensions of 3 days or less may be 
10used only if the student's continuing presence in school would 
11pose a threat to school safety or a disruption to other 
12students' learning opportunities. For purposes of this 
13subsection (b-15), "threat to school safety or a disruption to 
14other students' learning opportunities" shall be determined on 
15a case-by-case basis by the school board or its designee. 
16School officials shall make all reasonable efforts to resolve 
17such threats, address such disruptions, and minimize the 
18length of suspensions to the greatest extent practicable.
19 (b-20) Unless otherwise required by this Code, 
20out-of-school suspensions of longer than 3 days, expulsions, 
21and disciplinary removals to alternative schools may be used 
22only if other appropriate and available behavioral and 
23disciplinary interventions have been exhausted and the 
24student's continuing presence in school would either (i) pose 
25a threat to the safety of other students, staff, or members of 
26the school community or (ii) substantially disrupt, impede, or 
 
 
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1interfere with the operation of the school. For purposes of 
2this subsection (b-20), "threat to the safety of other 
3students, staff, or members of the school community" and 
4"substantially disrupt, impede, or interfere with the 
5operation of the school" shall be determined on a case-by-case 
6basis by school officials. For purposes of this subsection 
7(b-20), the determination of whether "appropriate and 
8available behavioral and disciplinary interventions have been 
9exhausted" shall be made by school officials. School officials 
10shall make all reasonable efforts to resolve such threats, 
11address such disruptions, and minimize the length of student 
12exclusions to the greatest extent practicable. Within the 
13suspension decision described in subsection (b) of this 
14Section or the expulsion decision described in subsection (a) 
15of this Section, it shall be documented whether other 
16interventions were attempted or whether it was determined that 
17there were no other appropriate and available interventions.
18 (b-25) Students who are suspended out-of-school for longer 
19than 4 school days shall be provided appropriate and available 
20support services during the period of their suspension. For 
21purposes of this subsection (b-25), "appropriate and available 
22support services" shall be determined by school authorities. 
23Within the suspension decision described in subsection (b) of 
24this Section, it shall be documented whether such services are 
25to be provided or whether it was determined that there are no 
26such appropriate and available services.
 
 
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1 A school district may refer students who are expelled to 
2appropriate and available support services.
3 A school district shall create a policy to facilitate the 
4re-engagement of students who are suspended out-of-school, 
5expelled, or returning from an alternative school setting.
6 (b-30) A school district shall create a policy by which 
7suspended pupils, including those pupils suspended from the 
8school bus who do not have alternate transportation to school, 
9shall have the opportunity to make up work for equivalent 
10academic credit. It shall be the responsibility of a pupil's 
11parents or guardians to notify school officials that a pupil 
12suspended from the school bus does not have alternate 
13transportation to school. 
14 (b-35) In all suspension review hearings conducted under 
15subsection (b) or expulsion hearings conducted under 
16subsection (a), a student may disclose any factor to be 
17considered in mitigation, including his or her status as a 
18parent, expectant parent, or victim of domestic or sexual 
19violence, as defined in Article 26A. A representative of the 
20parent's or guardian's choice, or of the student's choice if 
21emancipated, must be permitted to represent the student 
22throughout the proceedings and to address the school board or 
23its appointed hearing officer. With the approval of the 
24student's parent or guardian, or of the student if 
25emancipated, a support person must be permitted to accompany 
26the student to any disciplinary hearings or proceedings. The 
 
 
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1representative or support person must comply with any rules of 
2the school district's hearing process. If the representative 
3or support person violates the rules or engages in behavior or 
4advocacy that harasses, abuses, or intimidates either party, a 
5witness, or anyone else in attendance at the hearing, the 
6representative or support person may be prohibited from 
7further participation in the hearing or proceeding. A 
8suspension or expulsion proceeding under this subsection 
9(b-35) must be conducted independently from any ongoing 
10criminal investigation or proceeding, and an absence of 
11pending or possible criminal charges, criminal investigations, 
12or proceedings may not be a factor in school disciplinary 
13decisions.
14 (b-40) During a suspension review hearing conducted under 
15subsection (b) or an expulsion hearing conducted under 
16subsection (a) that involves allegations of sexual violence by 
17the student who is subject to discipline, neither the student 
18nor his or her representative shall directly question nor have 
19direct contact with the alleged victim. The student who is 
20subject to discipline or his or her representative may, at the 
21discretion and direction of the school board or its appointed 
22hearing officer, suggest questions to be posed by the school 
23board or its appointed hearing officer to the alleged victim. 
24 (c) A school board must invite a representative from a 
25local mental health agency to consult with the board at the 
26meeting whenever there is evidence that mental illness may be 
 
 
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1the cause of a student's expulsion or suspension.
2 (c-5) School districts shall make reasonable efforts to 
3provide ongoing professional development to teachers, 
4administrators, school board members, school resource 
5officers, and staff on the adverse consequences of school 
6exclusion and justice-system involvement, effective classroom 
7management strategies, culturally responsive discipline, the 
8appropriate and available supportive services for the 
9promotion of student attendance and engagement, and 
10developmentally appropriate disciplinary methods that promote 
11positive and healthy school climates. 
12 (d) The board may expel a student for a definite period of 
13time not to exceed 2 calendar years, as determined on a 
14case-by-case basis. A student who is determined to have 
15brought one of the following objects to school, any 
16school-sponsored activity or event, or any activity or event 
17that bears a reasonable relationship to school shall be 
18expelled for a period of not less than one year:
19  (1) A firearm. For the purposes of this Section, 
20 "firearm" means any gun, rifle, shotgun, weapon as defined 
21 by Section 921 of Title 18 of the United States Code, 
22 firearm as defined in Section 2-7.5 1.1 of the Firearm 
23 Owners Identification Card Act, or firearm as defined in 
24 Section 24-1 of the Criminal Code of 2012. The expulsion 
25 period under this subdivision (1) may be modified by the 
26 superintendent, and the superintendent's determination may 
 
 
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1 be modified by the board on a case-by-case basis.
2  (2) A knife, brass knuckles or other knuckle weapon 
3 regardless of its composition, a billy club, or any other 
4 object if used or attempted to be used to cause bodily 
5 harm, including "look alikes" of any firearm as defined in 
6 subdivision (1) of this subsection (d). The expulsion 
7 requirement under this subdivision (2) may be modified by 
8 the superintendent, and the superintendent's determination 
9 may be modified by the board on a case-by-case basis. 
10Expulsion or suspension shall be construed in a manner 
11consistent with the federal Individuals with Disabilities 
12Education Act. A student who is subject to suspension or 
13expulsion as provided in this Section may be eligible for a 
14transfer to an alternative school program in accordance with 
15Article 13A of the School Code.
16 (d-5) The board may suspend or by regulation authorize the 
17superintendent of the district or the principal, assistant 
18principal, or dean of students of any school to suspend a 
19student for a period not to exceed 10 school days or may expel 
20a student for a definite period of time not to exceed 2 
21calendar years, as determined on a case-by-case basis, if (i) 
22that student has been determined to have made an explicit 
23threat on an Internet website against a school employee, a 
24student, or any school-related personnel, (ii) the Internet 
25website through which the threat was made is a site that was 
26accessible within the school at the time the threat was made or 
 
 
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1was available to third parties who worked or studied within 
2the school grounds at the time the threat was made, and (iii) 
3the threat could be reasonably interpreted as threatening to 
4the safety and security of the threatened individual because 
5of his or her duties or employment status or status as a 
6student inside the school. 
7 (e) To maintain order and security in the schools, school 
8authorities may inspect and search places and areas such as 
9lockers, desks, parking lots, and other school property and 
10equipment owned or controlled by the school, as well as 
11personal effects left in those places and areas by students, 
12without notice to or the consent of the student, and without a 
13search warrant. As a matter of public policy, the General 
14Assembly finds that students have no reasonable expectation of 
15privacy in these places and areas or in their personal effects 
16left in these places and areas. School authorities may request 
17the assistance of law enforcement officials for the purpose of 
18conducting inspections and searches of lockers, desks, parking 
19lots, and other school property and equipment owned or 
20controlled by the school for illegal drugs, weapons, or other 
21illegal or dangerous substances or materials, including 
22searches conducted through the use of specially trained dogs. 
23If a search conducted in accordance with this Section produces 
24evidence that the student has violated or is violating either 
25the law, local ordinance, or the school's policies or rules, 
26such evidence may be seized by school authorities, and 
 
 
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1disciplinary action may be taken. School authorities may also 
2turn over such evidence to law enforcement authorities.
3 (f) Suspension or expulsion may include suspension or 
4expulsion from school and all school activities and a 
5prohibition from being present on school grounds.
6 (g) A school district may adopt a policy providing that if 
7a student is suspended or expelled for any reason from any 
8public or private school in this or any other state, the 
9student must complete the entire term of the suspension or 
10expulsion in an alternative school program under Article 13A 
11of this Code or an alternative learning opportunities program 
12under Article 13B of this Code before being admitted into the 
13school district if there is no threat to the safety of students 
14or staff in the alternative program. A school district that 
15adopts a policy under this subsection (g) must include a 
16provision allowing for consideration of any mitigating 
17factors, including, but not limited to, a student's status as 
18a parent, expectant parent, or victim of domestic or sexual 
19violence, as defined in Article 26A. 
20 (h) School officials shall not advise or encourage 
21students to drop out voluntarily due to behavioral or academic 
22difficulties.
23 (i) A student may not be issued a monetary fine or fee as a 
24disciplinary consequence, though this shall not preclude 
25requiring a student to provide restitution for lost, stolen, 
26or damaged property.
 
 
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1 (j) Subsections (a) through (i) of this Section shall 
2apply to elementary and secondary schools, charter schools, 
3special charter districts, and school districts organized 
4under Article 34 of this Code. 
5 (k) The expulsion of children enrolled in programs funded 
6under Section 1C-2 of this Code is subject to the requirements 
7under paragraph (7) of subsection (a) of Section 2-3.71 of 
8this Code.
9 (l) Beginning with the 2018-2019 school year, an in-school 
10suspension program provided by a school district for any 
11students in kindergarten through grade 12 may focus on 
12promoting non-violent conflict resolution and positive 
13interaction with other students and school personnel. A school 
14district may employ a school social worker or a licensed 
15mental health professional to oversee an in-school suspension 
16program in kindergarten through grade 12. 
17(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; 
18102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)

19 (105 ILCS 5/10-27.1A)
20 Sec. 10-27.1A. Firearms in schools. 
21 (a) All school officials, including teachers, school 
22counselors, and support staff, shall immediately notify the 
23office of the principal in the event that they observe any 
24person in possession of a firearm on school grounds; provided 
25that taking such immediate action to notify the office of the 
 
 
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1principal would not immediately endanger the health, safety, 
2or welfare of students who are under the direct supervision of 
3the school official or the school official. If the health, 
4safety, or welfare of students under the direct supervision of 
5the school official or of the school official is immediately 
6endangered, the school official shall notify the office of the 
7principal as soon as the students under his or her supervision 
8and he or she are no longer under immediate danger. A report is 
9not required by this Section when the school official knows 
10that the person in possession of the firearm is a law 
11enforcement official engaged in the conduct of his or her 
12official duties. Any school official acting in good faith who 
13makes such a report under this Section shall have immunity 
14from any civil or criminal liability that might otherwise be 
15incurred as a result of making the report. The identity of the 
16school official making such report shall not be disclosed 
17except as expressly and specifically authorized by law. 
18Knowingly and willfully failing to comply with this Section is 
19a petty offense. A second or subsequent offense is a Class C 
20misdemeanor.
21 (b) Upon receiving a report from any school official 
22pursuant to this Section, or from any other person, the 
23principal or his or her designee shall immediately notify a 
24local law enforcement agency. If the person found to be in 
25possession of a firearm on school grounds is a student, the 
26principal or his or her designee shall also immediately notify 
 
 
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1that student's parent or guardian. Any principal or his or her 
2designee acting in good faith who makes such reports under 
3this Section shall have immunity from any civil or criminal 
4liability that might otherwise be incurred or imposed as a 
5result of making the reports. Knowingly and willfully failing 
6to comply with this Section is a petty offense. A second or 
7subsequent offense is a Class C misdemeanor. If the person 
8found to be in possession of the firearm on school grounds is a 
9minor, the law enforcement agency shall detain that minor 
10until such time as the agency makes a determination pursuant 
11to clause (a) of subsection (1) of Section 5-401 of the 
12Juvenile Court Act of 1987, as to whether the agency 
13reasonably believes that the minor is delinquent. If the law 
14enforcement agency determines that probable cause exists to 
15believe that the minor committed a violation of item (4) of 
16subsection (a) of Section 24-1 of the Criminal Code of 2012 
17while on school grounds, the agency shall detain the minor for 
18processing pursuant to Section 5-407 of the Juvenile Court Act 
19of 1987.
20 (c) Upon receipt of any written, electronic, or verbal 
21report from any school personnel regarding a verified incident 
22involving a firearm in a school or on school owned or leased 
23property, including any conveyance owned, leased, or used by 
24the school for the transport of students or school personnel, 
25the superintendent or his or her designee shall report all 
26such firearm-related incidents occurring in a school or on 
 
 
HB4327- 102 -LRB103 34892 RLC 64759 b


1school property to the local law enforcement authorities 
2immediately, who shall report to the Illinois State Police in 
3a form, manner, and frequency as prescribed by the Illinois 
4State Police.
5 The State Board of Education shall receive an annual 
6statistical compilation and related data associated with 
7incidents involving firearms in schools from the Illinois 
8State Police. The State Board of Education shall compile this 
9information by school district and make it available to the 
10public.
11 (d) As used in this Section, the term "firearm" shall have 
12the meaning ascribed to it in Section 2-7.5 of the Criminal 
13Code of 2012 1.1 of the Firearm Owners Identification Card 
14Act.
15 As used in this Section, the term "school" means any 
16public or private elementary or secondary school.
17 As used in this Section, the term "school grounds" 
18includes the real property comprising any school, any 
19conveyance owned, leased, or contracted by a school to 
20transport students to or from school or a school-related 
21activity, or any public way within 1,000 feet of the real 
22property comprising any school.
23(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 
24102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

25 (105 ILCS 5/34-8.05)
 
 
HB4327- 103 -LRB103 34892 RLC 64759 b


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

21 Section 105. The Illinois Explosives Act is amended by 
22changing Section 2005 as follows:

23 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
24 Sec. 2005. Qualifications for licensure. 
 
 
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1 (a) No person shall qualify to hold a license who:
2  (1) is under 21 years of age;
3  (2) has been convicted in any court of a crime 
4 punishable by imprisonment for a term exceeding one year;
5  (3) is under indictment for a crime punishable by 
6 imprisonment for a term exceeding one year;
7  (4) is a fugitive from justice;
8  (5) is an unlawful user of or addicted to any 
9 controlled substance as defined in Section 102 of the 
10 federal Controlled Substances Act (21 U.S.C. Sec. 802 et 
11 seq.);
12  (6) has been adjudicated a person with a mental 
13 disability as defined in Section 6-103.1 of the Mental 
14 Health and Developmental Disabilities Code 1.1 of the 
15 Firearm Owners Identification Card Act; or
16  (7) is not a legal citizen of the United States or 
17 lawfully admitted for permanent residence.
18 (b) A person who has been granted a "relief from 
19disabilities" regarding criminal convictions and indictments, 
20pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. 
21845) may receive a license provided all other qualifications 
22under this Act are met. 
23(Source: P.A. 101-541, eff. 8-23-19.)

24 Section 110. The Private Detective, Private Alarm, Private 
25Security, and Locksmith Act of 2004 is amended by changing 
 
 
HB4327- 105 -LRB103 34892 RLC 64759 b


1Sections 35-30 and 35-35 as follows:

2 (225 ILCS 447/35-30)
3 (Text of Section before amendment by P.A. 103-309)
4 (Section scheduled to be repealed on January 1, 2029)
5 Sec. 35-30. Employee requirements. All employees of a 
6licensed agency, other than those exempted, shall apply for a 
7permanent employee registration card. The holder of an agency 
8license issued under this Act, known in this Section as 
9"employer", may employ in the conduct of his or her business 
10employees under the following provisions: 
11 (a) No person shall be issued a permanent employee 
12registration card who:
13  (1) Is younger than 18 years of age.
14  (2) Is younger than 21 years of age if the services 
15 will include being armed.
16  (3) Has been determined by the Department to be unfit 
17 by reason of conviction of an offense in this or another 
18 state, including registration as a sex offender, but not 
19 including a traffic offense. Persons convicted of felonies 
20 involving bodily harm, weapons, violence, or theft within 
21 the previous 10 years shall be presumed to be unfit for 
22 registration. The Department shall adopt rules for making 
23 those determinations that shall afford the applicant due 
24 process of law.
25  (4) Has had a license or permanent employee 
 
 
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1 registration card denied, suspended, or revoked under this 
2 Act (i) within one year before the date the person's 
3 application for permanent employee registration card is 
4 received by the Department; and (ii) that refusal, denial, 
5 suspension, or revocation was based on any provision of 
6 this Act other than Section 40-50, item (6) or (8) of 
7 subsection (a) of Section 15-10, subsection (b) of Section 
8 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
9 subsection (b) of Section 20-10, item (6) or (8) of 
10 subsection (a) of Section 25-10, subsection (b) of Section 
11 25-10, item (7) of subsection (a) of Section 30-10, 
12 subsection (b) of Section 30-10, or Section 10-40.
13  (5) Has been declared incompetent by any court of 
14 competent jurisdiction by reason of mental disease or 
15 defect and has not been restored.
16  (6) Has been dishonorably discharged from the armed 
17 services of the United States. 
18 (b) No person may be employed by a private detective 
19agency, private security contractor agency, private alarm 
20contractor agency, fingerprint vendor agency, or locksmith 
21agency under this Section until he or she has executed and 
22furnished to the employer, on forms furnished by the 
23Department, a verified statement to be known as "Employee's 
24Statement" setting forth:
25  (1) The person's full name, age, and residence 
26 address.
 
 
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1  (2) The business or occupation engaged in for the 5 
2 years immediately before the date of the execution of the 
3 statement, the place where the business or occupation was 
4 engaged in, and the names of employers, if any.
5  (3) That the person has not had a license or employee 
6 registration denied, revoked, or suspended under this Act 
7 (i) within one year before the date the person's 
8 application for permanent employee registration card is 
9 received by the Department; and (ii) that refusal, denial, 
10 suspension, or revocation was based on any provision of 
11 this Act other than Section 40-50, item (6) or (8) of 
12 subsection (a) of Section 15-10, subsection (b) of Section 
13 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
14 subsection (b) of Section 20-10, item (6) or (8) of 
15 subsection (a) of Section 25-10, subsection (b) of Section 
16 25-10, item (7) of subsection (a) of Section 30-10, 
17 subsection (b) of Section 30-10, or Section 10-40.
18  (4) Any conviction of a felony or misdemeanor.
19  (5) Any declaration of incompetence by a court of 
20 competent jurisdiction that has not been restored.
21  (6) Any dishonorable discharge from the armed services 
22 of the United States.
23  (7) Any other information as may be required by any 
24 rule of the Department to show the good character, 
25 competency, and integrity of the person executing the 
26 statement.
 
 
HB4327- 108 -LRB103 34892 RLC 64759 b


1 (c) Each applicant for a permanent employee registration 
2card shall have his or her fingerprints submitted to the 
3Illinois State Police in an electronic format that complies 
4with the form and manner for requesting and furnishing 
5criminal history record information as prescribed by the 
6Illinois State Police. These fingerprints shall be checked 
7against the Illinois State Police and Federal Bureau of 
8Investigation criminal history record databases now and 
9hereafter filed. The Illinois State Police shall charge 
10applicants a fee for conducting the criminal history records 
11check, which shall be deposited in the State Police Services 
12Fund and shall not exceed the actual cost of the records check. 
13The Illinois State Police shall furnish, pursuant to positive 
14identification, records of Illinois convictions to the 
15Department. The Department may require applicants to pay a 
16separate fingerprinting fee, either to the Department or 
17directly to the vendor. The Department, in its discretion, may 
18allow an applicant who does not have reasonable access to a 
19designated vendor to provide his or her fingerprints in an 
20alternative manner. The Department, in its discretion, may 
21also use other procedures in performing or obtaining criminal 
22background checks of applicants. Instead of submitting his or 
23her fingerprints, an individual may submit proof that is 
24satisfactory to the Department that an equivalent security 
25clearance has been conducted. Also, an individual who has 
26retired as a peace officer within 12 months of application may 
 
 
HB4327- 109 -LRB103 34892 RLC 64759 b


1submit verification, on forms provided by the Department and 
2signed by his or her employer, of his or her previous full-time 
3employment as a peace officer.
4 (d) The Department shall issue a permanent employee 
5registration card, in a form the Department prescribes, to all 
6qualified applicants. The holder of a permanent employee 
7registration card shall carry the card at all times while 
8actually engaged in the performance of the duties of his or her 
9employment. Expiration and requirements for renewal of 
10permanent employee registration cards shall be established by 
11rule of the Department. Possession of a permanent employee 
12registration card does not in any way imply that the holder of 
13the card is employed by an agency unless the permanent 
14employee registration card is accompanied by the employee 
15identification card required by subsection (f) of this 
16Section.
17 (e) Each employer shall maintain a record of each employee 
18that is accessible to the duly authorized representatives of 
19the Department. The record shall contain the following 
20information:
21  (1) A photograph taken within 10 days of the date that 
22 the employee begins employment with the employer. The 
23 photograph shall be replaced with a current photograph 
24 every 3 calendar years.
25  (2) The Employee's Statement specified in subsection 
26 (b) of this Section.
 
 
HB4327- 110 -LRB103 34892 RLC 64759 b


1  (3) All correspondence or documents relating to the 
2 character and integrity of the employee received by the 
3 employer from any official source or law enforcement 
4 agency.
5  (4) In the case of former employees, the employee 
6 identification card of that person issued under subsection 
7 (f) of this Section. Each employee record shall duly note 
8 if the employee is employed in an armed capacity. Armed 
9 employee files shall contain a copy of an active firearm 
10 owner's identification card and a copy of an active 
11 firearm control card. Each employer shall maintain a 
12 record for each armed employee of each instance in which 
13 the employee's weapon was discharged during the course of 
14 his or her professional duties or activities. The record 
15 shall be maintained on forms provided by the Department, a 
16 copy of which must be filed with the Department within 15 
17 days of an instance. The record shall include the date and 
18 time of the occurrence, the circumstances involved in the 
19 occurrence, and any other information as the Department 
20 may require. Failure to provide this information to the 
21 Department or failure to maintain the record as a part of 
22 each armed employee's permanent file is grounds for 
23 disciplinary action. The Department, upon receipt of a 
24 report, shall have the authority to make any investigation 
25 it considers appropriate into any occurrence in which an 
26 employee's weapon was discharged and to take disciplinary 
 
 
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1 action as may be appropriate.
2  (5) A copy of the employee's permanent employee 
3 registration card or a copy of the Department's "License 
4 Lookup" Webpage showing that the employee has been issued 
5 a valid permanent employee registration card by the 
6 Department.  
7 The Department may, by rule, prescribe further record 
8requirements.
9 (f) Every employer shall furnish an employee 
10identification card to each of his or her employees. This 
11employee identification card shall contain a recent photograph 
12of the employee, the employee's name, the name and agency 
13license number of the employer, the employee's personal 
14description, the signature of the employer, the signature of 
15that employee, the date of issuance, and an employee 
16identification card number.
17 (g) No employer may issue an employee identification card 
18to any person who is not employed by the employer in accordance 
19with this Section or falsely state or represent that a person 
20is or has been in his or her employ. It is unlawful for an 
21applicant for registered employment to file with the 
22Department the fingerprints of a person other than himself or 
23herself.
24 (h) Every employer shall obtain the identification card of 
25every employee who terminates employment with him or her.
26 (i) Every employer shall maintain a separate roster of the 
 
 
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1names of all employees currently working in an armed capacity 
2and submit the roster to the Department on request.
3 (j) No agency may employ any person to perform a licensed 
4activity under this Act unless the person possesses a valid 
5permanent employee registration card or a valid license under 
6this Act, or is exempt pursuant to subsection (n).
7 (k) Notwithstanding the provisions of subsection (j), an 
8agency may employ a person in a temporary capacity if all of 
9the following conditions are met:
10  (1) The agency completes in its entirety and submits 
11 to the Department an application for a permanent employee 
12 registration card, including the required fingerprint 
13 receipt and fees.
14  (2) The agency has verification from the Department 
15 that the applicant has no record of any criminal 
16 conviction pursuant to the criminal history check 
17 conducted by the Illinois State Police. The agency shall 
18 maintain the verification of the results of the Illinois 
19 State Police criminal history check as part of the 
20 employee record as required under subsection (e) of this 
21 Section.
22  (3) The agency exercises due diligence to ensure that 
23 the person is qualified under the requirements of the Act 
24 to be issued a permanent employee registration card.
25  (4) The agency maintains a separate roster of the 
26 names of all employees whose applications are currently 
 
 
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1 pending with the Department and submits the roster to the 
2 Department on a monthly basis. Rosters are to be 
3 maintained by the agency for a period of at least 24 
4 months.
5 An agency may employ only a permanent employee applicant 
6for which it either submitted a permanent employee application 
7and all required forms and fees or it confirms with the 
8Department that a permanent employee application and all 
9required forms and fees have been submitted by another agency, 
10licensee or the permanent employee and all other requirements 
11of this Section are met.
12 The Department shall have the authority to revoke, without 
13a hearing, the temporary authority of an individual to work 
14upon receipt of Federal Bureau of Investigation fingerprint 
15data or a report of another official authority indicating a 
16criminal conviction. If the Department has not received a 
17temporary employee's Federal Bureau of Investigation 
18fingerprint data within 120 days of the date the Department 
19received the Illinois State Police fingerprint data, the 
20Department may, at its discretion, revoke the employee's 
21temporary authority to work with 15 days written notice to the 
22individual and the employing agency.
23 An agency may not employ a person in a temporary capacity 
24if it knows or reasonably should have known that the person has 
25been convicted of a crime under the laws of this State, has 
26been convicted in another state of any crime that is a crime 
 
 
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1under the laws of this State, has been convicted of any crime 
2in a federal court, or has been posted as an unapproved 
3applicant by the Department. Notice by the Department to the 
4agency, via certified mail, personal delivery, electronic 
5mail, or posting on the Department's Internet site accessible 
6to the agency that the person has been convicted of a crime 
7shall be deemed constructive knowledge of the conviction on 
8the part of the agency. The Department may adopt rules to 
9implement this subsection (k).
10 (l) No person may be employed under this Section in any 
11capacity if:
12  (1) the person, while so employed, is being paid by 
13 the United States or any political subdivision for the 
14 time so employed in addition to any payments he or she may 
15 receive from the employer; or
16  (2) the person wears any portion of his or her 
17 official uniform, emblem of authority, or equipment while 
18 so employed.
19 (m) If information is discovered affecting the 
20registration of a person whose fingerprints were submitted 
21under this Section, the Department shall so notify the agency 
22that submitted the fingerprints on behalf of that person.
23 (n) Peace officers shall be exempt from the requirements 
24of this Section relating to permanent employee registration 
25cards. The agency shall remain responsible for any peace 
26officer employed under this exemption, regardless of whether 
 
 
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1the peace officer is compensated as an employee or as an 
2independent contractor and as further defined by rule.
3 (o) Persons who have no access to confidential or security 
4information, who do not go to a client's or prospective 
5client's residence or place of business, and who otherwise do 
6not provide traditional security services are exempt from 
7employee registration. Examples of exempt employees include, 
8but are not limited to, employees working in the capacity of 
9ushers, directors, ticket takers, cashiers, drivers, and 
10reception personnel. Confidential or security information is 
11that which pertains to employee files, scheduling, client 
12contracts, or technical security and alarm data.
13 (p) An applicant who is 21 years of age or older seeking a 
14religious exemption to the photograph requirement of this 
15Section shall furnish with the application an approved copy of 
16United States Department of the Treasury Internal Revenue 
17Service Form 4029. Regardless of age, an applicant seeking a 
18religious exemption to this photograph requirement shall 
19submit fingerprints in a form and manner prescribed by the 
20Department with his or her application in lieu of a 
21photograph. 
22(Source: P.A. 102-538, eff. 8-20-21.)

23 (Text of Section after amendment by P.A. 103-309)
24 (Section scheduled to be repealed on January 1, 2029)
25 Sec. 35-30. Employee requirements. All employees of a 
 
 
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1licensed agency, other than those exempted, shall apply for a 
2permanent employee registration card. The holder of an agency 
3license issued under this Act, known in this Section as 
4"employer", may employ in the conduct of the employer's 
5business employees under the following provisions: 
6 (a) No person shall be issued a permanent employee 
7registration card who:
8  (1) Is younger than 18 years of age.
9  (2) Is younger than 21 years of age if the services 
10 will include being armed.
11  (3) Has been determined by the Department to be unfit 
12 by reason of conviction of an offense in this or another 
13 state, including registration as a sex offender, but not 
14 including a traffic offense. Persons convicted of felonies 
15 involving bodily harm, weapons, violence, or theft within 
16 the previous 10 years shall be presumed to be unfit for 
17 registration. The Department shall adopt rules for making 
18 those determinations that shall afford the applicant due 
19 process of law.
20  (4) Has had a license or permanent employee 
21 registration card denied, suspended, or revoked under this 
22 Act (i) within one year before the date the person's 
23 application for permanent employee registration card is 
24 received by the Department; and (ii) that refusal, denial, 
25 suspension, or revocation was based on any provision of 
26 this Act other than Section 40-50, item (6) or (8) of 
 
 
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1 subsection (a) of Section 15-10, subsection (b) of Section 
2 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
3 subsection (b) of Section 20-10, item (6) or (8) of 
4 subsection (a) of Section 25-10, subsection (b) of Section 
5 25-10, item (7) of subsection (a) of Section 30-10, 
6 subsection (b) of Section 30-10, or Section 10-40.
7  (5) Has been declared incompetent by any court of 
8 competent jurisdiction by reason of mental disease or 
9 defect and has not been restored.
10  (6) Has been dishonorably discharged from the armed 
11 services of the United States. 
12 (b) No person may be employed by a private detective 
13agency, private security contractor agency, private alarm 
14contractor agency, fingerprint vendor agency, or locksmith 
15agency under this Section until the person has executed and 
16furnished to the employer, on forms furnished by the 
17Department, a verified statement to be known as "Employee's 
18Statement" setting forth:
19  (1) The person's full name, age, and residence 
20 address.
21  (2) The business or occupation engaged in for the 5 
22 years immediately before the date of the execution of the 
23 statement, the place where the business or occupation was 
24 engaged in, and the names of employers, if any.
25  (3) That the person has not had a license or employee 
26 registration denied, revoked, or suspended under this Act 
 
 
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1 (i) within one year before the date the person's 
2 application for permanent employee registration card is 
3 received by the Department; and (ii) that refusal, denial, 
4 suspension, or revocation was based on any provision of 
5 this Act other than Section 40-50, item (6) or (8) of 
6 subsection (a) of Section 15-10, subsection (b) of Section 
7 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
8 subsection (b) of Section 20-10, item (6) or (8) of 
9 subsection (a) of Section 25-10, subsection (b) of Section 
10 25-10, item (7) of subsection (a) of Section 30-10, 
11 subsection (b) of Section 30-10, or Section 10-40.
12  (4) Any conviction of a felony or misdemeanor.
13  (5) Any declaration of incompetence by a court of 
14 competent jurisdiction that has not been restored.
15  (6) Any dishonorable discharge from the armed services 
16 of the United States.
17  (7) Any other information as may be required by any 
18 rule of the Department to show the good character, 
19 competency, and integrity of the person executing the 
20 statement.
21 (c) Each applicant for a permanent employee registration 
22card shall have the applicant's fingerprints submitted to the 
23Illinois State Police in an electronic format that complies 
24with the form and manner for requesting and furnishing 
25criminal history record information as prescribed by the 
26Illinois State Police. These fingerprints shall be checked 
 
 
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1against the Illinois State Police and Federal Bureau of 
2Investigation criminal history record databases now and 
3hereafter filed. The Illinois State Police shall charge 
4applicants a fee for conducting the criminal history records 
5check, which shall be deposited in the State Police Services 
6Fund and shall not exceed the actual cost of the records check. 
7The Illinois State Police shall furnish, pursuant to positive 
8identification, records of Illinois convictions to the 
9Department. The Department may require applicants to pay a 
10separate fingerprinting fee, either to the Department or 
11directly to the vendor. The Department, in its discretion, may 
12allow an applicant who does not have reasonable access to a 
13designated vendor to provide the applicant's fingerprints in 
14an alternative manner. The Department, in its discretion, may 
15also use other procedures in performing or obtaining criminal 
16background checks of applicants. Instead of submitting the 
17applicant's fingerprints, an individual may submit proof that 
18is satisfactory to the Department that an equivalent security 
19clearance has been conducted. Also, an individual who has 
20retired as a peace officer within 12 months of application may 
21submit verification, on forms provided by the Department and 
22signed by the applicant's employer, of the applicant's 
23previous full-time employment as a peace officer.
24 (d) The Department shall issue a permanent employee 
25registration card, in a form the Department prescribes, to all 
26qualified applicants. The holder of a permanent employee 
 
 
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1registration card shall carry the card at all times while 
2actually engaged in the performance of the duties of the 
3employee's employment. Expiration and requirements for renewal 
4of permanent employee registration cards shall be established 
5by rule of the Department. Possession of a permanent employee 
6registration card does not in any way imply that the holder of 
7the card is employed by an agency unless the permanent 
8employee registration card is accompanied by the employee 
9identification card required by subsection (f) of this 
10Section.
11 (e) Each employer shall maintain a record of each employee 
12that is accessible to the duly authorized representatives of 
13the Department. The record shall contain the following 
14information:
15  (1) A photograph taken within 10 days of the date that 
16 the employee begins employment with the employer. The 
17 photograph shall be replaced with a current photograph 
18 every 3 calendar years.
19  (2) The Employee's Statement specified in subsection 
20 (b) of this Section.
21  (3) All correspondence or documents relating to the 
22 character and integrity of the employee received by the 
23 employer from any official source or law enforcement 
24 agency.
25  (4) In the case of former employees, the employee 
26 identification card of that person issued under subsection 
 
 
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1 (f) of this Section. Each employee record shall duly note 
2 if the employee is employed in an armed capacity. Armed 
3 employee files shall contain a copy of an active firearm 
4 owner's identification card and a copy of an active 
5 firearm control card. Each employer shall maintain a 
6 record for each armed employee of each instance in which 
7 the employee's weapon was discharged during the course of 
8 the employee's professional duties or activities. The 
9 record shall be maintained on forms provided by the 
10 Department, a copy of which must be filed with the 
11 Department within 15 days of an instance. The record shall 
12 include the date and time of the occurrence, the 
13 circumstances involved in the occurrence, and any other 
14 information as the Department may require. Failure to 
15 provide this information to the Department or failure to 
16 maintain the record as a part of each armed employee's 
17 permanent file is grounds for disciplinary action. The 
18 Department, upon receipt of a report, shall have the 
19 authority to make any investigation it considers 
20 appropriate into any occurrence in which an employee's 
21 weapon was discharged and to take disciplinary action as 
22 may be appropriate.
23  (5) A copy of the employee's permanent employee 
24 registration card or a copy of the Department's "License 
25 Lookup" Webpage showing that the employee has been issued 
26 a valid permanent employee registration card by the 
 
 
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1 Department.  
2 The Department may, by rule, prescribe further record 
3requirements.
4 (f) Every employer shall furnish an employee 
5identification card to each of the employer's employees. This 
6employee identification card shall contain a recent photograph 
7of the employee, the employee's name, the name and agency 
8license number of the employer, the employee's personal 
9description, the signature of the employer, the signature of 
10that employee, the date of issuance, and an employee 
11identification card number.
12 (g) No employer may issue an employee identification card 
13to any person who is not employed by the employer in accordance 
14with this Section or falsely state or represent that a person 
15is or has been in the employer's employ. It is unlawful for an 
16applicant for registered employment to file with the 
17Department the fingerprints of a person other than himself or 
18herself.
19 (h) Every employer shall obtain the identification card of 
20every employee who terminates employment with the employer.
21 (i) Every employer shall maintain a separate roster of the 
22names of all employees currently working in an armed capacity 
23and submit the roster to the Department on request.
24 (j) No agency may employ any person to perform a licensed 
25activity under this Act unless the person possesses a valid 
26permanent employee registration card or a valid license under 
 
 
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1this Act, or is exempt pursuant to subsection (n).
2 (k) Notwithstanding the provisions of subsection (j), an 
3agency may employ a person in a temporary capacity if all of 
4the following conditions are met:
5  (1) The agency completes in its entirety and submits 
6 to the Department an application for a permanent employee 
7 registration card, including the required fingerprint 
8 receipt and fees.
9  (2) The agency has verification from the Department 
10 that the applicant has no record of any criminal 
11 conviction pursuant to the criminal history check 
12 conducted by the Illinois State Police. The agency shall 
13 maintain the verification of the results of the Illinois 
14 State Police criminal history check as part of the 
15 employee record as required under subsection (e) of this 
16 Section.
17  (3) The agency exercises due diligence to ensure that 
18 the person is qualified under the requirements of this Act 
19 to be issued a permanent employee registration card.
20  (4) The agency maintains a separate roster of the 
21 names of all employees whose applications are currently 
22 pending with the Department and submits the roster to the 
23 Department on a monthly basis. Rosters are to be 
24 maintained by the agency for a period of at least 24 
25 months.
26 An agency may employ only a permanent employee applicant 
 
 
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1for which it either submitted a permanent employee application 
2and all required forms and fees or it confirms with the 
3Department that a permanent employee application and all 
4required forms and fees have been submitted by another agency, 
5licensee or the permanent employee and all other requirements 
6of this Section are met.
7 The Department shall have the authority to revoke, without 
8a hearing, the temporary authority of an individual to work 
9upon receipt of Federal Bureau of Investigation fingerprint 
10data or a report of another official authority indicating a 
11criminal conviction. If the Department has not received a 
12temporary employee's Federal Bureau of Investigation 
13fingerprint data within 120 days of the date the Department 
14received the Illinois State Police fingerprint data, the 
15Department may, at its discretion, revoke the employee's 
16temporary authority to work with 15 days written notice to the 
17individual and the employing agency.
18 An agency may not employ a person in a temporary capacity 
19if it knows or reasonably should have known that the person has 
20been convicted of a crime under the laws of this State, has 
21been convicted in another state of any crime that is a crime 
22under the laws of this State, has been convicted of any crime 
23in a federal court, or has been posted as an unapproved 
24applicant by the Department. Notice by the Department to the 
25agency, via certified mail, personal delivery, electronic 
26mail, or posting on the Department's Internet site accessible 
 
 
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1to the agency that the person has been convicted of a crime 
2shall be deemed constructive knowledge of the conviction on 
3the part of the agency. The Department may adopt rules to 
4implement this subsection (k).
5 (l) No person may be employed under this Section in any 
6capacity if:
7  (1) the person, while so employed, is being paid by 
8 the United States or any political subdivision for the 
9 time so employed in addition to any payments the person 
10 may receive from the employer; or
11  (2) the person wears any portion of the person's 
12 official uniform, emblem of authority, or equipment while 
13 so employed.
14 (m) If information is discovered affecting the 
15registration of a person whose fingerprints were submitted 
16under this Section, the Department shall so notify the agency 
17that submitted the fingerprints on behalf of that person.
18 (n) Peace officers shall be exempt from the requirements 
19of this Section relating to permanent employee registration 
20cards. The agency shall remain responsible for any peace 
21officer employed under this exemption, regardless of whether 
22the peace officer is compensated as an employee or as an 
23independent contractor and as further defined by rule.
24 (o) Persons who have no access to confidential or security 
25information, who do not go to a client's or prospective 
26client's residence or place of business, and who otherwise do 
 
 
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1not provide traditional security services are exempt from 
2employee registration. Examples of exempt employees include, 
3but are not limited to, employees working in the capacity of 
4ushers, directors, ticket takers, cashiers, drivers, and 
5reception personnel. Confidential or security information is 
6that which pertains to employee files, scheduling, client 
7contracts, or technical security and alarm data.
8 (p) An applicant who is 21 years of age or older seeking a 
9religious exemption to the photograph requirement of this 
10Section shall furnish with the application an approved copy of 
11United States Department of the Treasury Internal Revenue 
12Service Form 4029. Regardless of age, an applicant seeking a 
13religious exemption to this photograph requirement shall 
14submit fingerprints in a form and manner prescribed by the 
15Department with the applicant's application in lieu of a 
16photograph. 
17(Source: P.A. 102-538, eff. 8-20-21; 103-309, eff. 1-1-24.)

18 (225 ILCS 447/35-35)
19 (Text of Section before amendment by P.A. 103-309)
20 (Section scheduled to be repealed on January 1, 2029)
21 Sec. 35-35. Requirement of a firearm control card. 
22 (a) No person shall perform duties that include the use, 
23carrying, or possession of a firearm in the performance of 
24those duties without complying with the provisions of this 
25Section and having been issued a valid firearm control card by 
 
 
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1the Department.
2 (b) No employer shall employ any person to perform the 
3duties for which licensure or employee registration is 
4required and allow that person to carry a firearm unless that 
5person has complied with all the firearm training requirements 
6of this Section and has been issued a firearm control card. 
7This Act permits only the following to carry firearms while 
8actually engaged in the performance of their duties or while 
9commuting directly to or from their places of employment: 
10persons licensed as private detectives and their registered 
11employees; persons licensed as private security contractors 
12and their registered employees; persons licensed as private 
13alarm contractors and their registered employees; and 
14employees of a registered armed proprietary security force.
15 (c) Possession of a valid firearm control card allows a 
16licensee or employee to carry a firearm not otherwise 
17prohibited by law while the licensee or employee is engaged in 
18the performance of his or her duties or while the licensee or 
19employee is commuting directly to or from the licensee's or 
20employee's place or places of employment.
21 (d) The Department shall issue a firearm control card to a 
22person who has passed an approved firearm training course, who 
23is currently licensed or employed by an agency licensed by 
24this Act and has met all the requirements of this Act, and who 
25possesses a valid firearm owner identification card. 
26Application for the firearm control card shall be made by the 
 
 
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1employer to the Department on forms provided by the 
2Department. The Department shall forward the card to the 
3employer who shall be responsible for its issuance to the 
4licensee or employee. The firearm control card shall be issued 
5by the Department and shall identify the person holding it and 
6the name of the course where the licensee or employee received 
7firearm instruction and shall specify the type of weapon or 
8weapons the person is authorized by the Department to carry 
9and for which the person has been trained.
10 (e) Expiration and requirements for renewal of firearm 
11control cards shall be determined by rule.
12 (f) The Department may, in addition to any other 
13disciplinary action permitted by this Act, refuse to issue, 
14suspend, or revoke a firearm control card if the applicant or 
15holder has been convicted of any felony or crime involving the 
16illegal use, carrying, or possession of a deadly weapon or for 
17a violation of this Act or rules promulgated under this Act. 
18The Department shall refuse to issue or shall revoke a firearm 
19control card if the applicant or holder fails to possess a 
20valid firearm owners identification card without hearing. The 
21Secretary shall summarily suspend a firearm control card if 
22the Secretary finds that its continued use would constitute an 
23imminent danger to the public. A hearing shall be held before 
24the Board within 30 days if the Secretary summarily suspends a 
25firearm control card.
26 (g) Notwithstanding any other provision of this Act to the 
 
 
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1contrary, all requirements relating to firearms control cards 
2do not apply to a peace officer. If an individual ceases to be 
3employed as a peace officer and continues to perform services 
4in an armed capacity under this Act that are licensed 
5activities, then the individual is required to obtain a 
6permanent employee registration card pursuant to Section 35-30 
7of this Act and must possess a valid Firearm Owner's 
8Identification Card, but is not required to obtain a firearm 
9control card if the individual is otherwise in continuing 
10compliance with the federal Law Enforcement Officers Safety 
11Act of 2004. If an individual elects to carry a firearm 
12pursuant to the federal Law Enforcement Officers Safety Act of 
132004, then the agency employing the officer is required to 
14submit a notice of that election to the Department along with a 
15fee specified by rule. 
16 (h) The Department may issue a temporary firearm control 
17card pending issuance of a new firearm control card upon an 
18agency's acquiring of an established armed account. An agency 
19that has acquired armed employees as a result of acquiring an 
20established armed account may, on forms supplied by the 
21Department, request the issuance of a temporary firearm 
22control card for each acquired employee who held a valid 
23firearm control card under his or her employment with the 
24newly acquired established armed account immediately preceding 
25the acquiring of the account and who continues to meet all of 
26the qualifications for issuance of a firearm control card set 
 
 
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1forth in this Act and any rules adopted under this Act. The 
2Department shall, by rule, set the fee for issuance of a 
3temporary firearm control card. 
4 (i) The Department shall not issue a firearm control card 
5to a licensed fingerprint vendor or a licensed locksmith or 
6employees of a licensed fingerprint vendor agency or a 
7licensed locksmith agency. 
8(Source: P.A. 100-712, eff. 8-3-18.)

9 (Text of Section after amendment by P.A. 103-309)
10 (Section scheduled to be repealed on January 1, 2029)
11 Sec. 35-35. Requirement of a firearm control card. 
12 (a) No person shall perform duties that include the use, 
13carrying, or possession of a firearm in the performance of 
14those duties without complying with the provisions of this 
15Section and having been issued a valid firearm control card by 
16the Department.
17 (b) No employer shall employ any person to perform the 
18duties for which licensure or employee registration is 
19required and allow that person to carry a firearm unless that 
20person has complied with all the firearm training requirements 
21of this Section and has been issued a firearm control card. 
22This Act permits only the following to carry firearms while 
23actually engaged in the performance of their duties or while 
24commuting directly to or from their places of employment: 
25persons licensed as private detectives and their registered 
 
 
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1employees; persons licensed as private security contractors 
2and their registered employees; persons licensed as private 
3alarm contractors and their registered employees; and 
4employees of a registered armed proprietary security force.
5 (c) Possession of a valid firearm control card allows a 
6licensee or employee to carry a firearm not otherwise 
7prohibited by law while the licensee or employee is engaged in 
8the performance of the licensee's or employee's duties or 
9while the licensee or employee is commuting directly to or 
10from the licensee's or employee's place or places of 
11employment.
12 (d) The Department shall issue a firearm control card to a 
13person who has passed an approved firearm training course, who 
14is currently licensed or employed by an agency licensed by 
15this Act and has met all the requirements of this Act, and who 
16is not prohibited under State or federal law from possessing a 
17firearm possesses a valid firearm owner identification card. 
18Application for the firearm control card shall be made by the 
19employer to the Department on forms provided by the 
20Department. The Department shall forward the card to the 
21employer who shall be responsible for its issuance to the 
22licensee or employee. The firearm control card shall be issued 
23by the Department and shall identify the person holding it and 
24the name of the course where the licensee or employee received 
25firearm instruction and shall specify the type of weapon or 
26weapons the person is authorized by the Department to carry 
 
 
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1and for which the person has been trained.
2 (e) Expiration and requirements for renewal of firearm 
3control cards shall be determined by rule.
4 (f) The Department may, in addition to any other 
5disciplinary action permitted by this Act, refuse to issue, 
6suspend, or revoke a firearm control card if the applicant or 
7holder has been convicted of any felony or crime involving the 
8illegal use, carrying, or possession of a deadly weapon or for 
9a violation of this Act or rules adopted promulgated under 
10this Act. The Department shall refuse to issue or shall revoke 
11a firearm control card if the applicant or holder is 
12prohibited under State or federal law from possessing a 
13firearm fails to possess a valid firearm owners identification 
14card without hearing. The Secretary shall summarily suspend a 
15firearm control card if the Secretary finds that its continued 
16use would constitute an imminent danger to the public. A 
17hearing shall be held before the Board within 30 days if the 
18Secretary summarily suspends a firearm control card.
19 (g) Notwithstanding any other provision of this Act to the 
20contrary, all requirements relating to firearms control cards 
21do not apply to a peace officer. If an individual ceases to be 
22employed as a peace officer and continues to perform services 
23in an armed capacity under this Act that are licensed 
24activities, then the individual is required to obtain a 
25permanent employee registration card pursuant to Section 35-30 
26of this Act and must possess a valid Firearm Owner's 
 
 
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1Identification Card, but is not required to obtain a firearm 
2control card if the individual is otherwise in continuing 
3compliance with the federal Law Enforcement Officers Safety 
4Act of 2004. If an individual elects to carry a firearm 
5pursuant to the federal Law Enforcement Officers Safety Act of 
62004, then the agency employing the officer shall submit an 
7application to the Department for issuance of a waiver card 
8along with a fee specified by rule. 
9 (h) The Department may issue a temporary firearm control 
10card pending issuance of a new firearm control card upon an 
11agency's acquiring of an established armed account. An agency 
12that has acquired armed employees as a result of acquiring an 
13established armed account may, on forms supplied by the 
14Department, request the issuance of a temporary firearm 
15control card for each acquired employee who held a valid 
16firearm control card under the employer's employment with the 
17newly acquired established armed account immediately preceding 
18the acquiring of the account and who continues to meet all of 
19the qualifications for issuance of a firearm control card set 
20forth in this Act and any rules adopted under this Act. The 
21Department shall, by rule, set the fee for issuance of a 
22temporary firearm control card. 
23 (i) The Department shall not issue a firearm control card 
24to a licensed fingerprint vendor or a licensed locksmith or 
25employees of a licensed fingerprint vendor agency or a 
26licensed locksmith agency. 
 
 
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1(Source: P.A. 103-309, eff. 1-1-24.)

2 Section 115. The Illinois Gambling Act is amended by 
3changing Section 5.4 as follows:

4 (230 ILCS 10/5.4)
5 Sec. 5.4. Retiring investigators; purchase of service 
6firearm and badge. The Board shall establish a program to 
7allow an investigator appointed under paragraph (20.6) of 
8subsection (c) of Section 4 who is honorably retiring in good 
9standing to purchase either one or both of the following: (1) 
10any badge previously issued to the investigator by the Board; 
11or (2) if the investigator has a currently valid Firearm 
12Owner's Identification Card, the service firearm issued or 
13previously issued to the investigator by the Board. The badge 
14must be permanently and conspicuously marked in such a manner 
15that the individual who possesses the badge is not mistaken 
16for an actively serving law enforcement officer. The cost of 
17the firearm shall be the replacement value of the firearm and 
18not the firearm's fair market value.
19(Source: P.A. 102-719, eff. 5-6-22.)

20 Section 120. The Mental Health and Developmental 
21Disabilities Code is amended by changing Sections 1-106, 
221-116, 6-103.1, 6-103.2, and 6-103.3 as follows:

 
 
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1 (405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
2 Sec. 1-106. "Developmental disability" means a severe, 
3chronic disability, other than mental illness, found to be 
4closely related to an intellectual disability because this 
5condition results in impairment of general intellectual 
6functioning or adaptive behavior similar to that of persons 
7with ID, and requires services similar to those required for a 
8person with an intellectual disability. In addition, a 
9developmental disability: (1) is manifested before the 
10individual reaches 22 years of age; (2) is likely to continue 
11indefinitely; (3) results in substantial functional 
12limitations in three or more of the following areas of major 
13life activity: self-care, receptive and expressive language, 
14learning, mobility, self-direction, capacity for independent 
15living, or economic self-sufficiency; and (4) reflects the 
16individual's need for a combination and sequence of special 
17interdisciplinary or generic services, individualized 
18supports, or other forms of assistance that are of lifelong or 
19extended duration and are individually planned and 
20coordinated. This definition does not supersede the 
21"developmental disability" definition in Section 1.1 of the 
22Firearm Owners Identification Card Act which is required to be 
23applied under that Act for the purpose of mandatory reporting.
24(Source: P.A. 102-972, eff. 1-1-23.)

25 (405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116)
 
 
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1 Sec. 1-116. Intellectual disability. "Intellectual 
2disability" means a disorder with onset during the 
3developmental period (before the individual reaches age 22), 
4that includes both intellectual and adaptive deficits in 
5conceptual, social and practical domains. The following 3 
6criteria must be met: (1) deficits in intellectual functions 
7such as reasoning, problem solving, planning, abstract 
8thinking, judgment, academic learning, and learning from 
9experience confirmed by both clinical assessment and 
10individualized, standardized intelligence testing (generally 
11indicated with an IQ score of about 70 or below), (2) deficits 
12in adaptive functioning that result in failure to meet 
13developmental and sociocultural standards for personal 
14independence and social responsibility. Without ongoing 
15support, the adaptive deficits limit functioning in one or 
16more activities of daily life, such as communication, social 
17participation, and independent living, across multiple 
18environments, such as home, school, work, and community, and 
19(3) onset of intellectual and adaptive deficits during the 
20developmental period. This definition does not supersede the 
21"intellectual disability" definition in Section 1.1 of the 
22Firearm Owners Identification Card Act which is required to be 
23applied under that Act for the purpose of mandatory reporting.
24(Source: P.A. 102-972, eff. 1-1-23.)

25 (405 ILCS 5/6-103.1)
 
 
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1 Sec. 6-103.1. Adjudication as a person with a mental 
2disability. When a person has been adjudicated as a person 
3with a mental disability as defined in Section 1.1 of the 
4Firearm Owners Identification Card Act, including, but not 
5limited to, an adjudication as a person with a disability as 
6defined in Section 11a-2 of the Probate Act of 1975, the court 
7shall direct the circuit court clerk to notify the Illinois 
8State Police, Firearm Owner's Identification (FOID) Office, in 
9a form and manner prescribed by the Illinois State Police, and 
10shall forward a copy of the court order to the Department no 
11later than 7 days after the entry of the order. Upon receipt of 
12the order, the Illinois State Police shall provide 
13notification to the National Instant Criminal Background Check 
14System. In this Section, "has been adjudicated as a mentally 
15disabled person" means the person is the subject of a 
16determination by a court, board, commission, or other lawful 
17authority that the person, as a result of marked subnormal 
18intelligence, or mental illness, mental impairment, 
19incompetency, condition, or disease:
20  (1) presents a clear and present danger to himself, 
21 herself, or to others; 
22  (2) lacks the mental capacity to manage his or her own 
23 affairs or is adjudicated a disabled person as defined in 
24 Section 11a-2 of the Probate Act of 1975;
25  (3) is not guilty in a criminal case by reason of 
26 insanity, mental disease or defect;
 
 
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1  (3.5) is guilty but mentally ill, as provided in 
2 Section 5-2-6 of the Unified Code of Corrections; 
3  (4) is unfit to stand trial in a criminal case;
4  (5) is not guilty by reason of lack of mental 
5 responsibility under Articles 50a and 72b of the Uniform 
6 Code of Military Justice, 10 U.S.C. 850a, 876b;
7  (6) is a sexually violent person under subsection (f) 
8 of Section 5 of the Sexually Violent Persons Commitment 
9 Act;
10  (7) is a sexually dangerous person under the Sexually 
11 Dangerous Persons Act;
12  (8) is unfit to stand trial under the Juvenile Court 
13 Act of 1987;
14  (9) is not guilty by reason of insanity under the 
15 Juvenile Court Act of 1987;
16  (10) is a person subject to involuntary admission on 
17 an inpatient basis as defined in Section 1-119 of the 
18 Mental Health and Developmental Disabilities Code;
19  (11) is a person subject to involuntary admission on 
20 an outpatient basis as defined in Section 1-119.1 of the 
21 Mental Health and Developmental Disabilities Code;
22  (12) is subject to judicial admission as set forth in 
23 Section 4-500 of the Mental Health and Developmental 
24 Disabilities Code; or
25  (13) is subject to the provisions of the Interstate 
26 Agreements on Sexually Dangerous Persons Act. 
 
 
HB4327- 139 -LRB103 34892 RLC 64759 b


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

2 (405 ILCS 5/6-103.2)
3 Sec. 6-103.2. Developmental disability; notice. If a 
4person 14 years old or older is determined to be a person with 
5a developmental disability by a physician, clinical 
6psychologist, or qualified examiner, the physician, clinical 
7psychologist, or qualified examiner shall notify the 
8Department of Human Services within 7 days of making the 
9determination that the person has a developmental disability. 
10The Department of Human Services shall immediately update its 
11records and information relating to mental health and 
12developmental disabilities, and if appropriate, shall notify 
13the Illinois State Police in a form and manner prescribed by 
14the Illinois State Police. Information disclosed under this 
15Section shall remain privileged and confidential, and shall 
16not be redisclosed, except as required under paragraph (2) of 
17subsection (e) of Section 24-4.5 of the Criminal Code of 2012 
18subsection (e) of Section 3.1 of the Firearm Owners 
19Identification Card Act, nor used for any other purpose. The 
20method of providing this information shall guarantee that the 
21information is not released beyond that which is necessary for 
22the purpose of this Section and shall be provided by rule by 
23the Department of Human Services. The identity of the person 
24reporting under this Section shall not be disclosed to the 
25subject of the report.
 
 
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1 The physician, clinical psychologist, or qualified 
2examiner making the determination and his or her employer may 
3not be held criminally, civilly, or professionally liable for 
4making or not making the notification required under this 
5Section, except for willful or wanton misconduct.
6 In this Section, "developmentally disabled" has the 
7meaning ascribed to it in Section 12 of the Mental Health and 
8Developmental Disabilities Confidentiality Act. 
9 In For purposes of this Section, "developmental 
10disability" means a disability which is attributable to any 
11other condition which results in impairment similar to that 
12caused by an intellectual disability and which requires 
13services similar to those required by intellectually disabled 
14persons. The disability must originate before the age of 18 
15years, be expected to continue indefinitely, and constitute a 
16substantial disability. This disability results, in the 
17professional opinion of a physician, clinical psychologist, or 
18qualified examiner, in significant functional limitations in 3 
19or more of the following areas of major life activity:
20  (i) self-care;
21  (ii) receptive and expressive language;
22  (iii) learning;
23  (iv) mobility; or
24  (v) self-direction.
25 "Determined to be a person with a developmental disability 
26by a physician, clinical psychologist, or qualified examiner" 
 
 
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1means in the professional opinion of the physician, clinical 
2psychologist, or qualified examiner, a person is diagnosed, 
3assessed, or evaluated as having a developmental disability. 
4(Source: P.A. 102-538, eff. 8-20-21.)

5 (405 ILCS 5/6-103.3)
6 Sec. 6-103.3. Clear and present danger; notice. If a 
7person is determined to pose a clear and present danger to 
8himself, herself, or to others by a physician, clinical 
9psychologist, or qualified examiner, whether employed by the 
10State, by any public or private mental health facility or part 
11thereof, or by a law enforcement official or a school 
12administrator, then the physician, clinical psychologist, 
13qualified examiner shall notify the Department of Human 
14Services and a law enforcement official or school 
15administrator shall notify the Illinois State Police, within 
1624 hours of making the determination that the person poses a 
17clear and present danger. The Department of Human Services 
18shall immediately update its records and information relating 
19to mental health and developmental disabilities, and if 
20appropriate, shall notify the Illinois State Police in a form 
21and manner prescribed by the Illinois State Police. 
22Information disclosed under this Section shall remain 
23privileged and confidential, and shall not be redisclosed, 
24except as required under paragraph (2) of subsection (e) of 
25Section 24-4.5 of the Criminal Code of 2012 subsection (e) of 
 
 
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1Section 3.1 of the Firearm Owners Identification Card Act, nor 
2used for any other purpose. The method of providing this 
3information shall guarantee that the information is not 
4released beyond that which is necessary for the purpose of 
5this Section and shall be provided by rule by the Department of 
6Human Services. The identity of the person reporting under 
7this Section shall not be disclosed to the subject of the 
8report. The physician, clinical psychologist, qualified 
9examiner, law enforcement official, or school administrator 
10making the determination and his or her employer shall not be 
11held criminally, civilly, or professionally liable for making 
12or not making the notification required under this Section, 
13except for willful or wanton misconduct. This Section does not 
14apply to a law enforcement official, if making the 
15notification under this Section will interfere with an ongoing 
16or pending criminal investigation.
17 In For the purposes of this Section:
18  "Clear and present danger" means a person who: 
19   (1) communicates a serious threat of physical 
20 violence against a reasonably identifiable victim or 
21 poses a clear and imminent risk of serious physical 
22 injury to himself, herself, or another person as 
23 determined by a physician, clinical psychologist, or 
24 qualified examiner; or
25   (2) demonstrates threatening physical or verbal 
26 behavior, such as violent, suicidal, or assaultive 
 
 
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1 threats, actions, or other behavior, as determined by 
2 a physician, clinical psychologist, qualified 
3 examiner, school administrator, or law enforcement 
4 official. 
5  "Physician", "clinical psychologist", and "qualified 
6 examiner" have the meanings ascribed to them in the Mental 
7 Health and Developmental Disabilities Code has the meaning 
8 ascribed to it in Section 1.1 of the Firearm Owners 
9 Identification Card Act.
10  "Determined to pose a clear and present danger to 
11 himself, herself, or to others by a physician, clinical 
12 psychologist, or qualified examiner" means in the 
13 professional opinion of the physician, clinical 
14 psychologist, or qualified examiner, a person poses a 
15 clear and present danger. 
16  "School administrator" means the person required to 
17 report under the School Administrator Reporting of Mental 
18 Health Clear and Present Danger Determinations Law.
19(Source: P.A. 102-538, eff. 8-20-21.)

20 Section 125. The Lead Poisoning Prevention Act is amended 
21by changing Section 2 as follows:

22 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
23 Sec. 2. Definitions. As used in this Act:
24 "Child care facility" means any structure used by a child 
 
 
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1care provider licensed by the Department of Children and 
2Family Services or public or private school structure 
3frequented by children 6 years of age or younger.
4 "Childhood Lead Risk Questionnaire" means the 
5questionnaire developed by the Department for use by 
6physicians and other health care providers to determine risk 
7factors for children 6 years of age or younger residing in 
8areas designated as low risk for lead exposure.
9 "Delegate agency" means a unit of local government or 
10health department approved by the Department to carry out the 
11provisions of this Act.
12 "Department" means the Department of Public Health.
13 "Director" means the Director of Public Health. 
14 "Dwelling unit" means an individual unit within a 
15residential building used as living quarters for one 
16household. 
17 "Elevated blood lead level" means a blood lead level in 
18excess of the limits established under State rules. 
19 "Exposed surface" means any interior or exterior surface 
20of a regulated facility. 
21 "High risk area" means an area in the State determined by 
22the Department to be high risk for lead exposure for children 6 
23years of age or younger. The Department may consider, but is 
24not limited to, the following factors to determine a high risk 
25area: age and condition (using Department of Housing and Urban 
26Development definitions of "slum" and "blighted") of housing, 
 
 
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1proximity to highway traffic or heavy local traffic or both, 
2percentage of housing determined as rental or vacant, 
3proximity to industry using lead, established incidence of 
4elevated blood lead levels in children, percentage of 
5population living below 200% of federal poverty guidelines, 
6and number of children residing in the area who are 6 years of 
7age or younger.
8 "Lead abatement" means any approved work practices that 
9will permanently eliminate lead exposure or remove the 
10lead-bearing substances in a regulated facility. The 
11Department shall establish by rule which work practices are 
12approved or prohibited for lead abatement. 
13 "Lead abatement contractor" means any person or entity 
14licensed by the Department to perform lead abatement and 
15mitigation.
16 "Lead abatement supervisor" means any person employed by a 
17lead abatement contractor and licensed by the Department to 
18perform lead abatement and lead mitigation and to supervise 
19lead workers who perform lead abatement and lead mitigation. 
20 "Lead abatement worker" means any person employed by a 
21lead abatement contractor and licensed by the Department to 
22perform lead abatement and mitigation.
23 "Lead activities" means the conduct of any lead services, 
24including, lead inspection, lead risk assessment, lead 
25mitigation, or lead abatement work or supervision in a 
26regulated facility. 
 
 
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1 "Lead-bearing substance" means any item containing or 
2coated with lead such that the lead content is more than 
3six-hundredths of one percent (0.06%) lead by total weight; or 
4any dust on surfaces or in furniture or other nonpermanent 
5elements of the regulated facility; or any paint or other 
6surface coating material containing more than five-tenths of 
7one percent (0.5%) lead by total weight (calculated as lead 
8metal) in the total non-volatile content of liquid paint; or 
9lead-bearing substances containing greater than one milligram 
10per square centimeter or any lower standard for lead content 
11in residential paint as may be established by federal law or 
12rule; or more than 1 milligram per square centimeter in the 
13dried film of paint or previously applied substance; or item 
14or dust on item containing lead in excess of the amount 
15specified in the rules authorized by this Act or a lower 
16standard for lead content as may be established by federal law 
17or rule. "Lead-bearing substance" does not include firearm 
18ammunition or components as defined by Section 2-7.1 of the 
19Criminal Code of 2012 the Firearm Owners Identification Card 
20Act.
21 "Lead hazard" means a lead-bearing substance that poses an 
22immediate health hazard to humans.
23 "Lead hazard screen" means a lead risk assessment that 
24involves limited dust and paint sampling for lead-bearing 
25substances and lead hazards. This service is used as a 
26screening tool designed to determine if further lead 
 
 
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1investigative services are required for the regulated 
2facility.
3 "Lead inspection" means a surface-by-surface investigation 
4to determine the presence of lead-based paint.
5 "Lead inspector" means an individual who has been trained 
6by a Department-approved training program and is licensed by 
7the Department to conduct lead inspections; to sample for the 
8presence of lead in paint, dust, soil, and water; and to 
9conduct compliance investigations. 
10 "Lead mitigation" means the remediation, in a manner 
11described in Section 9, of a lead hazard so that the 
12lead-bearing substance does not pose an immediate health 
13hazard to humans. 
14 "Lead poisoning" means having an elevated blood lead 
15level.
16 "Lead risk assessment" means an on-site investigation to 
17determine the existence, nature, severity, and location of 
18lead hazards. "Lead risk assessment" includes any lead 
19sampling and visual assessment associated with conducting a 
20lead risk assessment and lead hazard screen and all lead 
21sampling associated with compliance investigations.
22 "Lead risk assessor" means an individual who has been 
23trained by a Department-approved training program and is 
24licensed by the Department to conduct lead risk assessments, 
25lead inspections, and lead hazard screens; to sample for the 
26presence of lead in paint, dust, soil, water, and sources for 
 
 
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1lead-bearing substances; and to conduct compliance 
2investigations.
3 "Lead training program provider" means any person 
4providing Department-approved lead training in Illinois to 
5individuals seeking licensure in accordance with the Act. 
6 "Low risk area" means an area in the State determined by 
7the Department to be low risk for lead exposure for children 6 
8years of age or younger. The Department may consider the 
9factors named in "high risk area" to determine low risk areas. 
10 "Owner" means any person, who alone, jointly, or severally 
11with others:
12  (a) Has legal title to any regulated facility, with or 
13 without actual possession of the regulated facility, or
14  (b) Has charge, care, or control of the regulated 
15 facility as owner or agent of the owner, or as executor, 
16 administrator, trustee, or guardian of the estate of the 
17 owner.
18 "Person" means any individual, partnership, firm, company, 
19limited liability company, corporation, association, joint 
20stock company, trust, estate, political subdivision, State 
21agency, or any other legal entity, or their legal 
22representative, agent, or assign.
23 "Regulated facility" means a residential building or child 
24care facility. 
25 "Residential building" means any room, group of rooms, or 
26other interior areas of a structure designed or used for human 
 
 
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1habitation; common areas accessible by inhabitants; and the 
2surrounding property or structures.
3(Source: P.A. 100-723, eff. 1-1-19.)

4 (430 ILCS 65/Act rep.)
5 Section 130. The Firearm Owners Identification Card Act is 
6repealed.

7 Section 135. The Firearm Concealed Carry Act is amended by 
8changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:

9 (430 ILCS 66/25)
10 Sec. 25. Qualifications for a license. 
11 The Illinois State Police shall issue a license to an 
12applicant completing an application in accordance with Section 
1330 of this Act if the person:
14  (1) is at least 21 years of age;
15  (2) has a currently valid Firearm Owner's 
16 Identification Card and at the time of application meets 
17 the requirements for the issuance of a Firearm Owner's 
18 Identification Card and is not prohibited under State the 
19 Firearm Owners Identification Card Act or federal law from 
20 possessing or receiving a firearm;
21  (3) has not been convicted or found guilty in this 
22 State or in any other state of:
23   (A) a misdemeanor involving the use or threat of 
 
 
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1 physical force or violence to any person within the 5 
2 years preceding the date of the license application; 
3 or
4   (B) 2 or more violations related to driving while 
5 under the influence of alcohol, other drug or drugs, 
6 intoxicating compound or compounds, or any combination 
7 thereof, within the 5 years preceding the date of the 
8 license application;
9  (4) is not the subject of a pending arrest warrant, 
10 prosecution, or proceeding for an offense or action that 
11 could lead to disqualification to own or possess a 
12 firearm;
13  (5) has not been in residential or court-ordered 
14 treatment for alcoholism, alcohol detoxification, or drug 
15 treatment within the 5 years immediately preceding the 
16 date of the license application; and
17  (6) has completed firearms training and any education 
18 component required under Section 75 of this Act.
19(Source: P.A. 102-538, eff. 8-20-21.)

20 (430 ILCS 66/30)
21 Sec. 30. Contents of license application. 
22 (a) The license application shall be in writing, under 
23penalty of perjury, on a standard form adopted by the Illinois 
24State Police and shall be accompanied by the documentation 
25required in this Section and the applicable fee. Each 
 
 
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1application form shall include the following statement printed 
2in bold type: "Warning: Entering false information on this 
3form is punishable as perjury under Section 32-2 of the 
4Criminal Code of 2012."
5 (b) The application shall contain the following:
6  (1) the applicant's name, current address, date and 
7 year of birth, place of birth, height, weight, hair color, 
8 eye color, maiden name or any other name the applicant has 
9 used or identified with, and any address where the 
10 applicant resided for more than 30 days within the 10 
11 years preceding the date of the license application;
12  (2) the applicant's valid driver's license number or 
13 valid state identification card number;
14  (3) a waiver of the applicant's privacy and 
15 confidentiality rights and privileges under all federal 
16 and state laws, including those limiting access to 
17 juvenile court, criminal justice, psychological, or 
18 psychiatric records or records relating to any 
19 institutionalization of the applicant, and an affirmative 
20 request that a person having custody of any of these 
21 records provide it or information concerning it to the 
22 Illinois State Police. The waiver only applies to records 
23 sought in connection with determining whether the 
24 applicant qualifies for a license to carry a concealed 
25 firearm under this Act, or whether the applicant remains 
26 in compliance with the Firearm Owners Identification Card 
 
 
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1 Act;
2  (4) an affirmation that the applicant is not 
3 prohibited under State or federal law from possessing or 
4 receiving a firearm possesses a currently valid Firearm 
5 Owner's Identification Card and card number if possessed 
6 or notice the applicant is applying for a Firearm Owner's 
7 Identification Card in conjunction with the license 
8 application;
9  (5) an affirmation that the applicant has not been 
10 convicted or found guilty of:
11   (A) a felony;
12   (B) a misdemeanor involving the use or threat of 
13 physical force or violence to any person within the 5 
14 years preceding the date of the application; or
15   (C) 2 or more violations related to driving while 
16 under the influence of alcohol, other drug or drugs, 
17 intoxicating compound or compounds, or any combination 
18 thereof, within the 5 years preceding the date of the 
19 license application;
20  (6) whether the applicant has failed a drug test for a 
21 drug for which the applicant did not have a prescription, 
22 within the previous year, and if so, the provider of the 
23 test, the specific substance involved, and the date of the 
24 test;
25  (7) written consent for the Illinois State Police to 
26 review and use the applicant's Illinois digital driver's 
 
 
HB4327- 153 -LRB103 34892 RLC 64759 b


1 license or Illinois identification card photograph and 
2 signature;
3  (8) unless submitted under subsection (a-25) of 
4 Section 4 of the Firearm Owners Identification Card Act, a 
5 full set of fingerprints submitted to the Illinois State 
6 Police in electronic format, provided the Illinois State 
7 Police may accept an application submitted without a set 
8 of fingerprints, in which case the Illinois State Police 
9 shall be granted 30 days in addition to the 90 days 
10 provided under subsection (e) of Section 10 of this Act to 
11 issue or deny a license;
12  (9) a head and shoulder color photograph in a size 
13 specified by the Illinois State Police taken within the 30 
14 days preceding the date of the license application; and
15  (10) a photocopy of any certificates or other evidence 
16 of compliance with the training requirements under this 
17 Act.
18(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
19102-813, eff. 5-13-22.)

20 (430 ILCS 66/40)
21 Sec. 40. Non-resident license applications. 
22 (a) For the purposes of this Section, "non-resident" means 
23a person who has not resided within this State for more than 30 
24days and resides in another state or territory.
25 (b) The Illinois State Police shall by rule allow for 
 
 
HB4327- 154 -LRB103 34892 RLC 64759 b


1non-resident license applications from any state or territory 
2of the United States with laws related to firearm ownership, 
3possession, and carrying, that are substantially similar to 
4the requirements to obtain a license under this Act.
5 (c) A resident of a state or territory approved by the 
6Illinois State Police under subsection (b) of this Section may 
7apply for a non-resident license. The applicant shall apply to 
8the Illinois State Police and must meet all of the 
9qualifications established in Section 25 of this Act, except 
10for the Illinois residency requirement in item (xiv) of 
11paragraph (2) of subsection (a) of Section 4 of the Firearm 
12Owners Identification Card Act. The applicant shall submit:
13  (1) the application and documentation required under 
14 Section 30 of this Act and the applicable fee;
15  (2) a notarized document stating that the applicant:
16   (A) is eligible under federal law and the laws of 
17 his or her state or territory of residence to own or 
18 possess a firearm;
19   (B) if applicable, has a license or permit to 
20 carry a firearm or concealed firearm issued by his or 
21 her state or territory of residence and attach a copy 
22 of the license or permit to the application;
23   (C) understands Illinois laws pertaining to the 
24 possession and transport of firearms; and
25   (D) acknowledges that the applicant is subject to 
26 the jurisdiction of the Illinois State Police and 
 
 
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1 Illinois courts for any violation of this Act;
2  (3) a photocopy of any certificates or other evidence 
3 of compliance with the training requirements under Section 
4 75 of this Act; and
5  (4) a head and shoulder color photograph in a size 
6 specified by the Illinois State Police taken within the 30 
7 days preceding the date of the application.
8 (d) In lieu of an Illinois driver's license or Illinois 
9identification card, a non-resident applicant shall provide 
10similar documentation from his or her state or territory of 
11residence. The applicant shall submit In lieu of a valid 
12Firearm Owner's Identification Card, the applicant shall 
13submit documentation and information required by the Illinois 
14State Police to obtain a Firearm Owner's Identification Card, 
15including an affidavit that the non-resident meets the mental 
16health standards to obtain a firearm under Illinois law, and 
17the Illinois State Police shall ensure that the applicant 
18would meet the eligibility criteria under State law to possess 
19a firearm to obtain a Firearm Owner's Identification card if 
20he or she was a resident of this State.
21 (e) Nothing in this Act shall prohibit a non-resident from 
22transporting a concealed firearm within his or her vehicle in 
23Illinois, if the concealed firearm remains within his or her 
24vehicle and the non-resident:
25  (1) is not prohibited from owning or possessing a 
26 firearm under federal law;
 
 
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1  (2) is eligible to carry a firearm in public under the 
2 laws of his or her state or territory of residence, as 
3 evidenced by the possession of a concealed carry license 
4 or permit issued by his or her state of residence, if 
5 applicable; and
6  (3) is not in possession of a license under this Act.
7 If the non-resident leaves his or her vehicle unattended, 
8he or she shall store the firearm within a locked vehicle or 
9locked container within the vehicle in accordance with 
10subsection (b) of Section 65 of this Act.
11(Source: P.A. 102-538, eff. 8-20-21.)

12 (430 ILCS 66/66)
13 Sec. 66. Illinois State Police to monitor databases for 
14firearms prohibitors. The Illinois State Police shall 
15continuously monitor relevant State and federal databases for 
16firearms prohibitors and correlate those records with 
17concealed carry license holders to ensure compliance with this 
18Act and any other State and federal laws. As used in this 
19Section, "firearms prohibitor" means any factor listed in 
20Section 8 or Section 8.2 of the Firearm Owners Identification 
21Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 
22that prohibits a person from transferring or possessing a 
23firearm, firearm ammunition, Firearm Owner's Identification 
24Card, or concealed carry license.
25(Source: P.A. 102-237, eff. 1-1-22.)

 
 
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1 (430 ILCS 66/70)
2 Sec. 70. Violations. 
3 (a) A license issued or renewed under this Act shall be 
4revoked if, at any time, the licensee is found to be ineligible 
5for a license under this Act or the licensee is prohibited from 
6possessing a firearm under State or federal law no longer 
7meets the eligibility requirements of the Firearm Owners 
8Identification Card Act.
9 (b) A license shall be suspended if an order of 
10protection, including an emergency order of protection, 
11plenary order of protection, or interim order of protection 
12under Article 112A of the Code of Criminal Procedure of 1963 or 
13under the Illinois Domestic Violence Act of 1986, or if a 
14firearms restraining order, including an emergency firearms 
15restraining order, under the Firearms Restraining Order Act, 
16is issued against a licensee for the duration of the order, or 
17if the Illinois State Police is made aware of a similar order 
18issued against the licensee in any other jurisdiction. If an 
19order of protection is issued against a licensee, the licensee 
20shall surrender the license, as applicable, to the court at 
21the time the order is entered or to the law enforcement agency 
22or entity serving process at the time the licensee is served 
23the order. The court, law enforcement agency, or entity 
24responsible for serving the order of protection shall notify 
25the Illinois State Police within 7 days and transmit the 
 
 
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1license to the Illinois State Police.
2 (c) A license is invalid upon expiration of the license, 
3unless the licensee has submitted an application to renew the 
4license, and the applicant is otherwise eligible to possess a 
5license under this Act.
6 (d) A licensee shall not carry a concealed firearm while 
7under the influence of alcohol, other drug or drugs, 
8intoxicating compound or combination of compounds, or any 
9combination thereof, under the standards set forth in 
10subsection (a) of Section 11-501 of the Illinois Vehicle Code.
11 A licensee in violation of this subsection (d) shall be 
12guilty of a Class A misdemeanor for a first or second violation 
13and a Class 4 felony for a third violation. The Illinois State 
14Police may suspend a license for up to 6 months for a second 
15violation and shall permanently revoke a license for a third 
16violation.
17 (e) Except as otherwise provided, a licensee in violation 
18of this Act shall be guilty of a Class B misdemeanor. A second 
19or subsequent violation is a Class A misdemeanor. The Illinois 
20State Police may suspend a license for up to 6 months for a 
21second violation and shall permanently revoke a license for 3 
22or more violations of Section 65 of this Act. Any person 
23convicted of a violation under this Section shall pay a $150 
24fee to be deposited into the Mental Health Reporting Fund, 
25plus any applicable court costs or fees.
26 (f) A licensee convicted or found guilty of a violation of 
 
 
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1this Act who has a valid license and is otherwise eligible to 
2carry a concealed firearm shall only be subject to the 
3penalties under this Section and shall not be subject to the 
4penalties under Section 21-6, paragraph (4), (8), or (10) of 
5subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
6of paragraph (3) of subsection (a) of Section 24-1.6 of the 
7Criminal Code of 2012. Except as otherwise provided in this 
8subsection, nothing in this subsection prohibits the licensee 
9from being subjected to penalties for violations other than 
10those specified in this Act.
11 (g) A licensee whose license is revoked, suspended, or 
12denied shall, within 48 hours of receiving notice of the 
13revocation, suspension, or denial, surrender his or her 
14concealed carry license to the local law enforcement agency 
15where the person resides. The local law enforcement agency 
16shall provide the licensee a receipt and transmit the 
17concealed carry license to the Illinois State Police. If the 
18licensee whose concealed carry license has been revoked, 
19suspended, or denied fails to comply with the requirements of 
20this subsection, the law enforcement agency where the person 
21resides may petition the circuit court to issue a warrant to 
22search for and seize the concealed carry license in the 
23possession and under the custody or control of the licensee 
24whose concealed carry license has been revoked, suspended, or 
25denied. The observation of a concealed carry license in the 
26possession of a person whose license has been revoked, 
 
 
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1suspended, or denied constitutes a sufficient basis for the 
2arrest of that person for violation of this subsection. A 
3violation of this subsection is a Class A misdemeanor.
4 (h) (Blank). Except as otherwise provided in subsection 
5(h-5), a license issued or renewed under this Act shall be 
6revoked if, at any time, the licensee is found ineligible for a 
7Firearm Owner's Identification Card, or the licensee no longer 
8possesses a valid Firearm Owner's Identification Card. If the 
9Firearm Owner's Identification Card is expired or suspended 
10rather than denied or revoked, the license may be suspended 
11for a period of up to one year to allow the licensee to 
12reinstate his or her Firearm Owner's Identification Card. The 
13Illinois State Police shall adopt rules to enforce this 
14subsection. A licensee whose license is revoked under this 
15subsection (h) shall surrender his or her concealed carry 
16license as provided for in subsection (g) of this Section. 
17 This subsection shall not apply to a person who has filed 
18an application with the Illinois State Police for renewal of a 
19Firearm Owner's Identification Card and who is not otherwise 
20ineligible to obtain a Firearm Owner's Identification Card.
21 (h-5) (Blank). If the Firearm Owner's Identification Card 
22of a licensee under this Act expires during the term of the 
23license issued under this Act, the license and the Firearm 
24Owner's Identification Card remain valid, and the Illinois 
25State Police may automatically renew the licensee's Firearm 
26Owner's Identification Card as provided in subsection (c) of 
 
 
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1Section 5 of the Firearm Owners Identification Card Act.
2 (i) A certified firearms instructor who knowingly provides 
3or offers to provide a false certification that an applicant 
4has completed firearms training as required under this Act is 
5guilty of a Class A misdemeanor. A person guilty of a violation 
6of this subsection (i) is not eligible for court supervision. 
7The Illinois State Police shall permanently revoke the 
8firearms instructor certification of a person convicted under 
9this subsection (i). 
10(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
11102-813, eff. 5-13-22.)

12 (430 ILCS 66/80)
13 Sec. 80. Certified firearms instructors. 
14 (a) Within 60 days of the effective date of this Act, the 
15Illinois State Police shall begin approval of certified 
16firearms instructors and enter certified firearms instructors 
17into an online registry on the Illinois State Police's 
18website.
19 (b) A person who is not a certified firearms instructor 
20shall not teach applicant training courses or advertise or 
21otherwise represent courses they teach as qualifying their 
22students to meet the requirements to receive a license under 
23this Act. Each violation of this subsection is a business 
24offense with a fine of at least $1,000 per violation.
25 (c) A person seeking to become a certified firearms 
 
 
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1instructor shall:
2  (1) be at least 21 years of age;
3  (2) be a legal resident of the United States; and
4  (3) meet the requirements of Section 25 of this Act, 
5 except for the Illinois residency requirement in item 
6 (xiv) of paragraph (2) of subsection (a) of Section 4 of 
7 the Firearm Owners Identification Card Act; and any 
8 additional uniformly applied requirements established by 
9 the Illinois State Police.
10 (d) A person seeking to become a certified firearms 
11instructor, in addition to the requirements of subsection (c) 
12of this Section, shall:
13  (1) possess a high school diploma or State of Illinois 
14 High School Diploma; and
15  (2) have at least one of the following valid firearms 
16 instructor certifications:
17   (A) certification from a law enforcement agency;
18   (B) certification from a firearm instructor course 
19 offered by a State or federal governmental agency;
20   (C) certification from a firearm instructor 
21 qualification course offered by the Illinois Law 
22 Enforcement Training Standards Board; or
23   (D) certification from an entity approved by the 
24 Illinois State Police that offers firearm instructor 
25 education and training in the use and safety of 
26 firearms.
 
 
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1 (e) A person may have his or her firearms instructor 
2certification denied or revoked if he or she does not meet the 
3requirements to obtain a license under this Act, provides 
4false or misleading information to the Illinois State Police, 
5or has had a prior instructor certification revoked or denied 
6by the Illinois State Police.
7(Source: P.A. 102-538, eff. 8-20-21; 102-1100, eff. 1-1-23.)

8 (430 ILCS 66/105)
9 Sec. 105. Duty of school administrator. It is the duty of 
10the principal of a public elementary or secondary school, or 
11his or her designee, and the chief administrative officer of a 
12private elementary or secondary school or a public or private 
13community college, college, or university, or his or her 
14designee, to report to the Illinois State Police when a 
15student is determined to pose a clear and present danger to 
16himself, herself, or to others, within 24 hours of the 
17determination as provided in Section 6-103.3 of the Mental 
18Health and Developmental Disabilities Code. "Clear and present 
19danger" has the meaning as provided in paragraph (2) of the 
20definition of "clear and present danger" in Section 6-103.3 of 
21the Mental Health and Developmental Disabilities Code 1.1 of 
22the Firearm Owners Identification Card Act.
23(Source: P.A. 102-538, eff. 8-20-21.)

24 Section 140. The Firearms Restraining Order Act is amended 
 
 
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1by changing Sections 35 and 40 as follows:

2 (430 ILCS 67/35)
3 Sec. 35. Ex parte orders and emergency hearings. 
4 (a) A petitioner may request an emergency firearms 
5restraining order by filing an affidavit or verified pleading 
6alleging that the respondent poses an immediate and present 
7danger of causing personal injury to himself, herself, or 
8another by having in his or her custody or control, 
9purchasing, possessing, or receiving a firearm, ammunition, or 
10firearm parts that could be assembled to make an operable 
11firearm. The petition shall also describe the type and 
12location of any firearm or firearms, ammunition, or firearm 
13parts that could be assembled to make an operable firearm 
14presently believed by the petitioner to be possessed or 
15controlled by the respondent. 
16 (b) If the respondent is alleged to pose an immediate and 
17present danger of causing personal injury to an intimate 
18partner, or an intimate partner is alleged to have been the 
19target of a threat or act of violence by the respondent, the 
20petitioner shall make a good faith effort to provide notice to 
21any and all intimate partners of the respondent. The notice 
22must include that the petitioner intends to petition the court 
23for an emergency firearms restraining order, and, if the 
24petitioner is a law enforcement officer, referral to relevant 
25domestic violence or stalking advocacy or counseling 
 
 
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1resources, if appropriate. The petitioner shall attest to 
2having provided the notice in the filed affidavit or verified 
3pleading. If, after making a good faith effort, the petitioner 
4is unable to provide notice to any or all intimate partners, 
5the affidavit or verified pleading should describe what 
6efforts were made.
7 (c) Every person who files a petition for an emergency 
8firearms restraining order, knowing the information provided 
9to the court at any hearing or in the affidavit or verified 
10pleading to be false, is guilty of perjury under Section 32-2 
11of the Criminal Code of 2012. 
12 (d) An emergency firearms restraining order shall be 
13issued on an ex parte basis, that is, without notice to the 
14respondent. 
15 (e) An emergency hearing held on an ex parte basis shall be 
16held the same day that the petition is filed or the next day 
17that the court is in session. 
18 (f) If a circuit or associate judge finds probable cause 
19to believe that the respondent poses an immediate and present 
20danger of causing personal injury to himself, herself, or 
21another by having in his or her custody or control, 
22purchasing, possessing, or receiving a firearm, ammunition, or 
23firearm parts that could be assembled to make an operable 
24firearm, the circuit or associate judge shall issue an 
25emergency order. 
26 (f-5) If the court issues an emergency firearms 
 
 
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1restraining order, it shall, upon a finding of probable cause 
2that the respondent possesses firearms, ammunition, or firearm 
3parts that could be assembled to make an operable firearm, 
4issue a search warrant directing a law enforcement agency to 
5seize the respondent's firearms, ammunition, and firearm parts 
6that could be assembled to make an operable firearm. The court 
7may, as part of that warrant, direct the law enforcement 
8agency to search the respondent's residence and other places 
9where the court finds there is probable cause to believe he or 
10she is likely to possess the firearms, ammunition, or firearm 
11parts that could be assembled to make an operable firearm. A 
12return of the search warrant shall be filed by the law 
13enforcement agency within 4 days thereafter, setting forth the 
14time, date, and location that the search warrant was executed 
15and what items, if any, were seized. 
16 (g) An emergency firearms restraining order shall require: 
17  (1) the respondent to refrain from having in his or 
18 her custody or control, purchasing, possessing, or 
19 receiving additional firearms, ammunition, or firearm 
20 parts that could be assembled to make an operable firearm, 
21 or removing firearm parts that could be assembled to make 
22 an operable firearm for the duration of the order under 
23 Section 8.2 of the Firearm Owners Identification Card Act; 
24 and
25  (2) the respondent to comply with Section 9.5 of the 
26 Firearm Owners Identification Card Act and subsection (g) 
 
 
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1 of Section 70 of the Firearm Concealed Carry Act.
2 (h) Except as otherwise provided in subsection (h-5) of 
3this Section, upon expiration of the period of safekeeping, if 
4the firearms, ammunition, and firearm parts that could be 
5assembled to make an operable firearm or Firearm Owner's 
6Identification Card and concealed carry license cannot be 
7returned to the respondent because the respondent cannot be 
8located, fails to respond to requests to retrieve the 
9firearms, or is not lawfully eligible to possess a firearm, 
10ammunition, or firearm parts that could be assembled to make 
11an operable firearm, upon petition from the local law 
12enforcement agency, the court may order the local law 
13enforcement agency to destroy the firearms, ammunition, and 
14firearm parts that could be assembled to make an operable 
15firearm, use the firearms, ammunition, and firearm parts that 
16could be assembled to make an operable firearm for training 
17purposes, or use the firearms, ammunition, and firearm parts 
18that could be assembled to make an operable firearm for any 
19other application as deemed appropriate by the local law 
20enforcement agency. 
21 (h-5) On or before January 1, 2022, a respondent whose 
22firearms have been turned over to a local law enforcement 
23agency Firearm Owner's Identification Card has been revoked or 
24suspended may petition the court, if the petitioner is present 
25in court or has notice of the respondent's petition, to 
26transfer the respondent's firearm, ammunition, and firearm 
 
 
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1parts that could be assembled to make an operable firearm to a 
2person who is lawfully able to possess the firearm, 
3ammunition, and firearm parts that could be assembled to make 
4an operable firearm if the person does not reside at the same 
5address as the respondent. Notice of the petition shall be 
6served upon the person protected by the emergency firearms 
7restraining order. While the order is in effect, the 
8transferee who receives the respondent's firearms, ammunition, 
9and firearm parts that could be assembled to make an operable 
10firearm must swear or affirm by affidavit that he or she shall 
11not transfer the firearm, ammunition, and firearm parts that 
12could be assembled to make an operable firearm to the 
13respondent or to anyone residing in the same residence as the 
14respondent.
15 (h-6) If a person other than the respondent claims title 
16to any firearms, ammunition, and firearm parts that could be 
17assembled to make an operable firearm surrendered under this 
18Section, he or she may petition the court, if the petitioner is 
19present in court or has notice of the petition, to have the 
20firearm, ammunition, and firearm parts that could be assembled 
21to make an operable firearm returned to him or her. If the 
22court determines that person to be the lawful owner of the 
23firearm, ammunition, and firearm parts that could be assembled 
24to make an operable firearm, the firearm, ammunition, and 
25firearm parts that could be assembled to make an operable 
26firearm shall be returned to him or her, provided that:
 
 
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1  (1) the firearm, ammunition, and firearm parts that 
2 could be assembled to make an operable firearm are removed 
3 from the respondent's custody, control, or possession and 
4 the lawful owner agrees to store the firearm, ammunition, 
5 and firearm parts that could be assembled to make an 
6 operable firearm in a manner such that the respondent does 
7 not have access to or control of the firearm, ammunition, 
8 and firearm parts that could be assembled to make an 
9 operable firearm; and
10  (2) the firearm, ammunition, and firearm parts that 
11 could be assembled to make an operable firearm are not 
12 otherwise unlawfully possessed by the owner.
13 The person petitioning for the return of his or her 
14firearm, ammunition, and firearm parts that could be assembled 
15to make an operable firearm must swear or affirm by affidavit 
16that he or she: (i) is the lawful owner of the firearm, 
17ammunition, and firearm parts that could be assembled to make 
18an operable firearm; (ii) shall not transfer the firearm, 
19ammunition, and firearm parts that could be assembled to make 
20an operable firearm to the respondent; and (iii) will store 
21the firearm, ammunition, and firearm parts that could be 
22assembled to make an operable firearm in a manner that the 
23respondent does not have access to or control of the firearm, 
24ammunition, and firearm parts that could be assembled to make 
25an operable firearm. 
26 (i) In accordance with subsection (e) of this Section, the 
 
 
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1court shall schedule a full hearing as soon as possible, but no 
2longer than 14 days from the issuance of an ex parte firearms 
3restraining order, to determine if a 6-month firearms 
4restraining order shall be issued. The court may extend an ex 
5parte order as needed, but not to exceed 14 days, to effectuate 
6service of the order or if necessary to continue protection. 
7The court may extend the order for a greater length of time by 
8mutual agreement of the parties. 
9(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
10102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
115-13-22.)

12 (430 ILCS 67/40)
13 Sec. 40. Plenary orders. 
14 (a) A petitioner may request a firearms restraining order 
15for up to one year by filing an affidavit or verified pleading 
16alleging that the respondent poses a significant danger of 
17causing personal injury to himself, herself, or another in the 
18near future by having in his or her custody or control, 
19purchasing, possessing, or receiving a firearm, ammunition, 
20and firearm parts that could be assembled to make an operable 
21firearm. The petition shall also describe the number, types, 
22and locations of any firearms, ammunition, and firearm parts 
23that could be assembled to make an operable firearm presently 
24believed by the petitioner to be possessed or controlled by 
25the respondent. The firearms restraining order may be renewed 
 
 
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1for an additional period of up to one year in accordance with 
2Section 45 of this Act. 
3 (b) If the respondent is alleged to pose a significant 
4danger of causing personal injury to an intimate partner, or 
5an intimate partner is alleged to have been the target of a 
6threat or act of violence by the respondent, the petitioner 
7shall make a good faith effort to provide notice to any and all 
8intimate partners of the respondent. The notice must include 
9the duration of time that the petitioner intends to petition 
10the court for a firearms restraining order, and, if the 
11petitioner is a law enforcement officer, referral to relevant 
12domestic violence or stalking advocacy or counseling 
13resources, if appropriate. The petitioner shall attest to 
14having provided the notice in the filed affidavit or verified 
15pleading. If, after making a good faith effort, the petitioner 
16is unable to provide notice to any or all intimate partners, 
17the affidavit or verified pleading should describe what 
18efforts were made.
19 (c) Every person who files a petition for a plenary 
20firearms restraining order, knowing the information provided 
21to the court at any hearing or in the affidavit or verified 
22pleading to be false, is guilty of perjury under Section 32-2 
23of the Criminal Code of 2012. 
24 (d) Upon receipt of a petition for a plenary firearms 
25restraining order, the court shall order a hearing within 30 
26days. 
 
 
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1 (e) In determining whether to issue a firearms restraining 
2order under this Section, the court shall consider evidence 
3including, but not limited to, the following: 
4  (1) The unlawful and reckless use, display, or 
5 brandishing of a firearm, ammunition, and firearm parts 
6 that could be assembled to make an operable firearm by the 
7 respondent. 
8  (2) The history of use, attempted use, or threatened 
9 use of physical force by the respondent against another 
10 person. 
11  (3) Any prior arrest of the respondent for a felony 
12 offense.
13  (4) Evidence of the abuse of controlled substances or 
14 alcohol by the respondent.
15  (5) A recent threat of violence or act of violence by 
16 the respondent directed toward himself, herself, or 
17 another.
18  (6) A violation of an emergency order of protection 
19 issued under Section 217 of the Illinois Domestic Violence 
20 Act of 1986 or Section 112A-17 of the Code of Criminal 
21 Procedure of 1963 or of an order of protection issued 
22 under Section 214 of the Illinois Domestic Violence Act of 
23 1986 or Section 112A-14 of the Code of Criminal Procedure 
24 of 1963. 
25  (7) A pattern of violent acts or violent threats, 
26 including, but not limited to, threats of violence or acts 
 
 
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1 of violence by the respondent directed toward himself, 
2 herself, or another.
3 (f) At the hearing, the petitioner shall have the burden 
4of proving, by clear and convincing evidence, that the 
5respondent poses a significant danger of personal injury to 
6himself, herself, or another by having in his or her custody or 
7control, purchasing, possessing, or receiving a firearm, 
8ammunition, and firearm parts that could be assembled to make 
9an operable firearm.
10 (g) If the court finds that there is clear and convincing 
11evidence to issue a plenary firearms restraining order, the 
12court shall issue a firearms restraining order that shall be 
13in effect for up to one year, but not less than 6 months, 
14subject to renewal under Section 45 of this Act or termination 
15under that Section. 
16 (g-5) If the court issues a plenary firearms restraining 
17order, it shall, upon a finding of probable cause that the 
18respondent possesses firearms, ammunition, and firearm parts 
19that could be assembled to make an operable firearm, issue a 
20search warrant directing a law enforcement agency to seize the 
21respondent's firearms, ammunition, and firearm parts that 
22could be assembled to make an operable firearm. The court may, 
23as part of that warrant, direct the law enforcement agency to 
24search the respondent's residence and other places where the 
25court finds there is probable cause to believe he or she is 
26likely to possess the firearms, ammunition, and firearm parts 
 
 
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1that could be assembled to make an operable firearm. A return 
2of the search warrant shall be filed by the law enforcement 
3agency within 4 days thereafter, setting forth the time, date, 
4and location that the search warrant was executed and what 
5items, if any, were seized. 
6 (h) A plenary firearms restraining order shall require:
7  (1) the respondent to refrain from having in his or 
8 her custody or control, purchasing, possessing, or 
9 receiving additional firearms, ammunition, and firearm 
10 parts that could be assembled to make an operable firearm 
11 for the duration of the order under Section 8.2 of the 
12 Firearm Owners Identification Card Act; and
13  (2) the respondent to comply with Section 9.5 of the 
14 Firearm Owners Identification Card Act and subsection (g) 
15 of Section 70 of the Firearm Concealed Carry Act.
16 (i) Except as otherwise provided in subsection (i-5) of 
17this Section, upon expiration of the period of safekeeping, if 
18the firearms, ammunition, and firearm parts that could be 
19assembled to make an operable firearm or Firearm Owner's 
20Identification Card cannot be returned to the respondent 
21because the respondent cannot be located, fails to respond to 
22requests to retrieve the firearms, ammunition, and firearm 
23parts that could be assembled to make an operable firearm, or 
24is not lawfully eligible to possess a firearm, ammunition, and 
25firearm parts that could be assembled to make an operable 
26firearm, upon petition from the local law enforcement agency, 
 
 
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1the court may order the local law enforcement agency to 
2destroy the firearms, ammunition, and firearm parts that could 
3be assembled to make an operable firearm, use the firearms, 
4ammunition, and firearm parts that could be assembled to make 
5an operable firearm for training purposes, or use the 
6firearms, ammunition, and firearm parts that could be 
7assembled to make an operable firearm for any other 
8application as deemed appropriate by the local law enforcement 
9agency.
10 (i-5) A respondent whose firearms have been turned over to 
11a local law enforcement agency Firearm Owner's Identification 
12Card has been revoked or suspended may petition the court, if 
13the petitioner is present in court or has notice of the 
14respondent's petition, to transfer the respondent's firearm, 
15ammunition, and firearm parts that could be assembled to make 
16an operable firearm to a person who is lawfully able to possess 
17the firearm, ammunition, and firearm parts that could be 
18assembled to make an operable firearm if the person does not 
19reside at the same address as the respondent. Notice of the 
20petition shall be served upon the person protected by the 
21emergency firearms restraining order. While the order is in 
22effect, the transferee who receives the respondent's firearms, 
23ammunition, and firearm parts that could be assembled to make 
24an operable firearm must swear or affirm by affidavit that he 
25or she shall not transfer the firearm, ammunition, and firearm 
26parts that could be assembled to make an operable firearm to 
 
 
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1the respondent or to anyone residing in the same residence as 
2the respondent.
3 (i-6) If a person other than the respondent claims title 
4to any firearms, ammunition, and firearm parts that could be 
5assembled to make an operable firearm surrendered under this 
6Section, he or she may petition the court, if the petitioner is 
7present in court or has notice of the petition, to have the 
8firearm, ammunition, and firearm parts that could be assembled 
9to make an operable firearm returned to him or her. If the 
10court determines that person to be the lawful owner of the 
11firearm, ammunition, and firearm parts that could be assembled 
12to make an operable firearm, the firearm, ammunition, and 
13firearm parts that could be assembled to make an operable 
14firearm shall be returned to him or her, provided that:
15  (1) the firearm, ammunition, and firearm parts that 
16 could be assembled to make an operable firearm are removed 
17 from the respondent's custody, control, or possession and 
18 the lawful owner agrees to store the firearm, ammunition, 
19 and firearm parts that could be assembled to make an 
20 operable firearm in a manner such that the respondent does 
21 not have access to or control of the firearm, ammunition, 
22 and firearm parts that could be assembled to make an 
23 operable firearm; and
24  (2) the firearm, ammunition, and firearm parts that 
25 could be assembled to make an operable firearm are not 
26 otherwise unlawfully possessed by the owner.
 
 
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1 The person petitioning for the return of his or her 
2firearm, ammunition, and firearm parts that could be assembled 
3to make an operable firearm must swear or affirm by affidavit 
4that he or she: (i) is the lawful owner of the firearm, 
5ammunition, and firearm parts that could be assembled to make 
6an operable firearm; (ii) shall not transfer the firearm, 
7ammunition, and firearm parts that could be assembled to make 
8an operable firearm to the respondent; and (iii) will store 
9the firearm, ammunition, and firearm parts that could be 
10assembled to make an operable firearm in a manner that the 
11respondent does not have access to or control of the firearm, 
12ammunition, and firearm parts that could be assembled to make 
13an operable firearm. 
14 (j) If the court does not issue a firearms restraining 
15order at the hearing, the court shall dissolve any emergency 
16firearms restraining order then in effect.
17 (k) When the court issues a firearms restraining order 
18under this Section, the court shall inform the respondent that 
19he or she is entitled to one hearing during the period of the 
20order to request a termination of the order, under Section 45 
21of this Act, and shall provide the respondent with a form to 
22request a hearing. 
23(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
24102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
255-13-22; 102-1116, eff. 1-10-23.)

 
 
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1 Section 145. The Firearm Dealer License Certification Act 
2is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as 
3follows:

4 (430 ILCS 68/5-20)
5 Sec. 5-20. Additional licensee requirements. 
6 (a) A certified licensee shall make a photo copy of a 
7buyer's or transferee's valid photo identification card 
8whenever a firearm sale transaction takes place. The photo 
9copy shall be attached to the documentation detailing the 
10record of sale.
11 (b) A certified licensee shall post in a conspicuous 
12position on the premises where the licensee conducts business 
13a sign that contains the following warning in block letters 
14not less than one inch in height:
15  "With few exceptions enumerated in the Criminal Code 
16 of 2012 Firearm Owners Identification Card Act, it is 
17 unlawful for you to:
18   (A) store or leave an unsecured firearm in a place 
19 where a child can obtain access to it; or 
20   (B) sell or transfer your firearm to someone else 
21 without receiving approval for the transfer from the 
22 Illinois State Police, or
23   (B) (C) fail to report the loss or theft of your 
24 firearm to local law enforcement within 72 hours.".
25This sign shall be created by the Illinois State Police and 
 
 
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1made available for printing or downloading from the Illinois 
2State Police's website.
3 (c) No retail location established after the effective 
4date of this Act shall be located within 500 feet of any 
5school, pre-school, or day care facility in existence at its 
6location before the retail location is established as measured 
7from the nearest corner of the building holding the retail 
8location to the corner of the school, pre-school, or day care 
9facility building nearest the retail location at the time the 
10retail location seeks licensure.
11(Source: P.A. 102-538, eff. 8-20-21.)

12 (430 ILCS 68/5-25)
13 Sec. 5-25. Exemptions. The provisions of this Act related 
14to the certification of a license do not apply to a person or 
15entity that engages in the following activities:
16  (1) temporary transfers of firearms solely for use at 
17 the location or on the premises where the transfer takes 
18 place, such as transfers at a shooting range for use at 
19 that location;
20  (2) temporary transfers of firearms solely for use 
21 while in the presence of the transferor or transfers for 
22 the purposes of firearm safety training by a firearms 
23 safety training instructor;
24  (3) transfers of firearms among immediate family or 
25 household members, as "immediate family or household 
 
 
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1 member" is defined in Section 3-2.7-10 of the Unified Code 
2 of Corrections, provided that both the transferor and 
3 transferee are not prohibited from possessing a firearm 
4 under federal or State law have a currently valid Firearm 
5 Owner's Identification Card; however, this paragraph (3) 
6 does not limit the familial gift exemption under paragraph 
7 (2) of subsection (a-15) of Section 3 of the Firearm 
8 Owners Identification Card Act;
9  (4) transfers by persons or entities acting under 
10 operation of law or a court order;
11  (5) transfers by persons or entities liquidating all 
12 or part of a collection. For purposes of this paragraph 
13 (5), "collection" means 2 or more firearms which are of 
14 special interest to collectors by reason of some quality 
15 other than is associated with firearms intended for 
16 sporting use or as offensive or defensive weapons;
17  (6) transfers of firearms that have been rendered 
18 permanently inoperable to a nonprofit historical society, 
19 museum, or institutional collection;
20  (7) transfers by a law enforcement or corrections 
21 agency or a law enforcement or corrections officer acting 
22 within the course and scope of his or her official duties;
23  (8) (blank); transfers to a State or local law 
24 enforcement agency by a person who has his or her Firearm 
25 Owner's Identification Card revoked;
26  (9) transfers of curios and relics, as defined under 
 
 
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1 federal law, between collectors licensed under subsection 
2 (b) of Section 923 of the federal Gun Control Act of 1968;
3  (10) transfers by a person or entity licensed as an 
4 auctioneer under the Auction License Act;
5  (10.5) transfers of firearms to a resident registered 
6 competitor or attendee or non-resident registered 
7 competitor or attendee by a licensed federal firearms 
8 dealer under Section 923 of the federal Gun Control Act of 
9 1968 at a competitive shooting event held at the World 
10 Shooting and Recreational Complex that is sanctioned by a 
11 national governing body; or 
12  (11) transfers between a pawnshop and a customer which 
13 amount to a bailment. For purposes of this paragraph (11), 
14 "bailment" means the act of placing property in the 
15 custody and control of another, by agreement in which the 
16 holder is responsible for the safekeeping and return of 
17 the property. 
18(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)

19 (430 ILCS 68/5-40)
20 Sec. 5-40. Qualifications for operation. 
21 (a) Each certified licensee shall submit with each 
22application for certification or renewal an affidavit to the 
23Illinois State Police stating that each owner, employee, or 
24other agent of the certified licensee who sells or conducts 
25transfers of firearms for the certified licensee is at least 
 
 
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121 years of age, has a currently valid Firearm Owner's 
2Identification Card and, for a renewal, has completed the 
3training required under Section 5-30. The affidavit must also 
4contain the name and Firearm Owner's Identification Card 
5number of each owner, employee, or other agent who sells or 
6conducts transfers of firearms for the certified licensee. If 
7an owner, employee, or other agent of the certified licensee 
8is not otherwise a resident of this State, the certified 
9licensee shall submit an affidavit stating that the owner, 
10employee, or other agent has undergone a background check and 
11is not prohibited from owning or possessing firearms.
12 (b) In addition to the affidavit required under subsection 
13(a), within 30 days of a new owner, employee, or other agent 
14beginning selling or conducting transfers of firearms for the 
15certified licensee, the certified licensee shall submit an 
16affidavit to the Illinois State Police stating the date that 
17the new owner, employee, or other agent began selling or 
18conducting transfers of firearms for the certified licensee, 
19and providing the information required in subsection (a) for 
20that new owner, employee, or other agent.
21 (c) If a certified licensee has a license, certificate, or 
22permit to sell, lease, transfer, purchase, or possess firearms 
23issued by the federal government or the government of any 
24state revoked or suspended for good cause within the preceding 
254 years, the Illinois State Police may consider revoking or 
26suspending the certified licenses in this State. In making a 
 
 
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1determination of whether or not to revoke or suspend a 
2certified license in this State, the Illinois State Police 
3shall consider the number of retail locations the certified 
4licensee or any related person or entity operates in this 
5State or in other states under the same or different business 
6names, and the severity of the infraction in the state in which 
7a license was revoked or suspended.
8 (d) Applications and affidavits required under this 
9Section are not subject to disclosure by the Illinois State 
10Police under the Freedom of Information Act.
11(Source: P.A. 102-538, eff. 8-20-21.)

12 (430 ILCS 68/5-85)
13 Sec. 5-85. Disciplinary sanctions. 
14 (a) For violations of this Act not penalized under Section 
155-15, the Illinois State Police may refuse to renew or 
16restore, or may reprimand, place on probation, suspend, 
17revoke, or take other disciplinary or non-disciplinary action 
18against any licensee, and may impose a fine commensurate with 
19the severity of the violation not to exceed $10,000 for each 
20violation for any of the following, consistent with the 
21Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901 
22through 7903: 
23  (1) Violations of this Act, or any law applicable to 
24 the sale or transfer of firearms. 
25  (2) A pattern of practice or other behavior which 
 
 
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1 demonstrates incapacity or incompetency to practice under 
2 this Act. 
3  (3) Aiding or assisting another person in violating 
4 any provision of this Act or rules adopted under this Act. 
5  (4) Failing, within 60 days, to provide information in 
6 response to a written request made by the Illinois State 
7 Police. 
8  (5) Conviction of, plea of guilty to, or plea of nolo 
9 contendere to any crime that disqualifies the person from 
10 obtaining a firearm valid Firearm Owner's Identification 
11 Card. 
12  (6) Continued practice, although the person has become 
13 unfit to practice due to any of the following: 
14   (A) Any circumstance that disqualifies the person 
15 from obtaining a firearm valid Firearm Owner's 
16 Identification Card or concealed carry license. 
17   (B) Habitual or excessive use or abuse of drugs 
18 defined in law as controlled substances, alcohol, or 
19 any other substance that results in the inability to 
20 practice with reasonable judgment, skill, or safety.
21  (7) Receiving, directly or indirectly, compensation 
22 for any firearms sold or transferred illegally. 
23  (8) Discipline by another United States jurisdiction, 
24 foreign nation, or governmental agency, if at least one of 
25 the grounds for the discipline is the same or 
26 substantially equivalent to those set forth in this Act. 
 
 
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1  (9) Violation of any disciplinary order imposed on a 
2 licensee by the Illinois State Police. 
3  (10) A finding by the Illinois State Police that the 
4 licensee, after having his or her certified license placed 
5 on probationary status, has violated the terms of 
6 probation. 
7  (11) A fraudulent or material misstatement in the 
8 completion of an affirmative obligation or inquiry by law 
9 enforcement.
10 (b) All fines imposed under this Section shall be paid 
11within 90 days after the effective date of the final order 
12imposing the fine.
13(Source: P.A. 102-538, eff. 8-20-21.)

14 Section 150. The Wildlife Code is amended by changing 
15Sections 3.2 and 3.2a as follows:

16 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
17 Sec. 3.2. Hunting license; application; instruction. 
18Before the Department or any county, city, village, township, 
19incorporated town clerk or his duly designated agent or any 
20other person authorized or designated by the Department to 
21issue hunting licenses shall issue a hunting license to any 
22person, the person shall file his application with the 
23Department or other party authorized to issue licenses on a 
24form provided by the Department and further give definite 
 
 
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1proof of identity and place of legal residence. Each clerk 
2designating agents to issue licenses and stamps shall furnish 
3the Department, within 10 days following the appointment, the 
4names and mailing addresses of the agents. Each clerk or his 
5duly designated agent shall be authorized to sell licenses and 
6stamps only within the territorial area for which he was 
7elected or appointed. No duly designated agent is authorized 
8to furnish licenses or stamps for issuance by any other 
9business establishment. Each application shall be executed and 
10sworn to and shall set forth the name and description of the 
11applicant and place of residence.
12 No hunting license shall be issued to any person born on or 
13after January 1, 1980 unless he presents the person authorized 
14to issue the license evidence that he has held a hunting 
15license issued by the State of Illinois or another state in a 
16prior year, or a certificate of competency as provided in this 
17Section. Persons under 18 years of age may be issued a Lifetime 
18Hunting or Sportsmen's Combination License as provided under 
19Section 20-45 of the Fish and Aquatic Life Code but shall not 
20be entitled to hunt alone, without the supervision of an adult 
21age 21 or older, unless they have a certificate of competency 
22as provided in this Section and the certificate is in their 
23possession while hunting.
24 The Department of Natural Resources shall authorize 
25personnel of the Department or certified volunteer instructors 
26to conduct courses, of not less than 10 hours in length, in 
 
 
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1firearms and hunter safety, which may include training in bow 
2and arrow safety, at regularly specified intervals throughout 
3the State. Persons successfully completing the course shall 
4receive a certificate of competency. The Department of Natural 
5Resources may further cooperate with any reputable association 
6or organization in establishing courses if the organization 
7has as one of its objectives the promotion of safety in the 
8handling of firearms or bow and arrow.
9 The Department of Natural Resources shall designate any 
10person found by it to be competent to give instruction in the 
11handling of firearms, hunter safety, and bow and arrow. The 
12persons so appointed shall give the course of instruction and 
13upon the successful completion shall issue to the person 
14instructed a certificate of competency in the safe handling of 
15firearms, hunter safety, and bow and arrow. No charge shall be 
16made for any course of instruction except for materials or 
17ammunition consumed. The Department of Natural Resources shall 
18furnish information on the requirements of hunter safety 
19education programs to be distributed free of charge to 
20applicants for hunting licenses by the persons appointed and 
21authorized to issue licenses. Funds for the conducting of 
22firearms and hunter safety courses shall be taken from the fee 
23charged for the Firearm Owners Identification Card.
24 The fee for a hunting license to hunt all species for a 
25resident of Illinois is $12. For residents age 65 or older, 
26and, commencing with the 2012 license year, resident veterans 
 
 
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1of the United States Armed Forces after returning from service 
2abroad or mobilization by the President of the United States 
3as an active duty member of the United States Armed Forces, the 
4Illinois National Guard, or the Reserves of the United States 
5Armed Forces, the fee is one-half of the fee charged for a 
6hunting license to hunt all species for a resident of 
7Illinois. Veterans must provide to the Department acceptable 
8verification of their service. The Department shall establish 
9by administrative rule the procedure by which such 
10verification of service shall be made to the Department for 
11the purpose of issuing resident veterans hunting licenses at a 
12reduced fee. The fee for a hunting license to hunt all species 
13shall be $1 for residents over 75 years of age. Nonresidents 
14shall be charged $57 for a hunting license.
15 Nonresidents may be issued a nonresident hunting license 
16for a period not to exceed 10 consecutive days' hunting in the 
17State and shall be charged a fee of $35.
18 A special nonresident hunting license authorizing a 
19nonresident to take game birds by hunting on a game breeding 
20and hunting preserve area only, established under Section 
213.27, shall be issued upon proper application being made and 
22payment of a fee equal to that for a resident hunting license. 
23The expiration date of this license shall be on the same date 
24each year that game breeding and hunting preserve area 
25licenses expire.
26 Each applicant for a State Migratory Waterfowl Stamp, 
 
 
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1regardless of his residence or other condition, shall pay a 
2fee of $15 and shall receive a stamp. The fee for a State 
3Migratory Waterfowl Stamp shall be waived for residents over 
475 years of age. Except as provided under Section 20-45 of the 
5Fish and Aquatic Life Code, the stamp shall be signed by the 
6person or affixed to his license or permit in a space 
7designated by the Department for that purpose.
8 Each applicant for a State Habitat Stamp, regardless of 
9his residence or other condition, shall pay a fee of $5 and 
10shall receive a stamp. The fee for a State Habitat Stamp shall 
11be waived for residents over 75 years of age. Except as 
12provided under Section 20-45 of the Fish and Aquatic Life 
13Code, the stamp shall be signed by the person or affixed to his 
14license or permit in a space designated by the Department for 
15that purpose.
16 Nothing in this Section shall be construed as to require 
17the purchase of more than one State Habitat Stamp by any person 
18in any one license year.
19 The fees for State Pheasant Stamps and State Furbearer 
20Stamps shall be waived for residents over 75 years of age. 
21 The Department shall furnish the holders of hunting 
22licenses and stamps with an insignia as evidence of possession 
23of license, or license and stamp, as the Department may 
24consider advisable. The insignia shall be exhibited and used 
25as the Department may order.
26 All other hunting licenses and all State stamps shall 
 
 
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1expire upon March 31 of each year.
2 Every person holding any license, permit, or stamp issued 
3under the provisions of this Act shall have it in his 
4possession for immediate presentation for inspection to the 
5officers and authorized employees of the Department, any 
6sheriff, deputy sheriff, or any other peace officer making a 
7demand for it. This provision shall not apply to Department 
8owned or managed sites where it is required that all hunters 
9deposit their license or , permit, or Firearm Owner's 
10Identification Card at the check station upon entering the 
11hunting areas.
12 For the purposes of this Section, "acceptable 
13verification" means official documentation from the Department 
14of Defense or the appropriate Major Command showing 
15mobilization dates or service abroad dates, including: (i) a 
16DD-214, (ii) a letter from the Illinois Department of Military 
17Affairs for members of the Illinois National Guard, (iii) a 
18letter from the Regional Reserve Command for members of the 
19Armed Forces Reserve, (iv) a letter from the Major Command 
20covering Illinois for active duty members, (v) personnel 
21records for mobilized State employees, and (vi) any other 
22documentation that the Department, by administrative rule, 
23deems acceptable to establish dates of mobilization or service 
24abroad. 
25 For the purposes of this Section, the term "service 
26abroad" means active duty service outside of the 50 United 
 
 
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1States and the District of Columbia, and includes all active 
2duty service in territories and possessions of the United 
3States. 
4(Source: P.A. 101-81, eff. 7-12-19; 102-780, eff. 5-13-22.)

5 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
6 Sec. 3.2a. Every person holding any license, permit or 
7stamp issued under the provisions hereof shall have it in his 
8possession for immediate presentation for inspection to the 
9officers and authorized employees of the Department, any 
10sheriff, deputy sheriff or any other peace officer making a 
11demand for it. This provision shall not apply to Department 
12owned or managed sites where it is required that all hunters 
13deposit their license or , permit or Firearm Owner's 
14Identification Card at the check station upon entering the 
15hunting areas. 
16(Source: P.A. 85-152.)

17 Section 155. The Illinois Vehicle Code is amended by 
18changing Section 2-116 as follows:

19 (625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
20 Sec. 2-116. Secretary of State Department of Police. 
21 (a) The Secretary of State and the officers, inspectors, 
22and investigators appointed by him shall cooperate with the 
23Illinois State Police and the sheriffs and police in enforcing 
 
 
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1the laws regulating the operation of vehicles and the use of 
2the highways.
3 (b) The Secretary of State may provide training and 
4education for members of his office in traffic regulation, the 
5promotion of traffic safety and the enforcement of laws vested 
6in the Secretary of State for administration and enforcement 
7regulating the operation of vehicles and the use of the 
8highways.
9 (c) The Secretary of State may provide distinctive 
10uniforms and badges for officers, inspectors and investigators 
11employed in the administration of laws relating to the 
12operation of vehicles and the use of the highways and vesting 
13the administration and enforcement of such laws in the 
14Secretary of State.
15 (c-5) The Director of the Secretary of State Department of 
16Police shall establish a program to allow a Secretary of State 
17Police officer, inspector, or investigator who is honorably 
18retiring in good standing to purchase either one or both of the 
19following: (1) any Secretary of State Department of Police 
20badge previously issued to that officer, inspector, or 
21investigator; or (2) if the officer, inspector, or 
22investigator has a currently valid Firearm Owner's 
23Identification Card, the service firearm issued or previously 
24issued to the officer, inspector, or investigator by the 
25Secretary of State Department of Police. The cost of the 
26firearm shall be the replacement value of the firearm and not 
 
 
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1the firearm's fair market value. 
2 (d) The Secretary of State Department of Police is 
3authorized to:
4  (1) investigate the origins, activities, persons, and 
5 incidents of crime and the ways and means, if any, to 
6 redress the victims of crimes, and study the impact, if 
7 any, of legislation relative to the criminal laws of this 
8 State related thereto and conduct any other investigations 
9 as may be provided by law;
10  (2) employ skilled experts, technicians, 
11 investigators, special agents, or otherwise specially 
12 qualified persons to aid in preventing or detecting crime, 
13 apprehending criminals, or preparing and presenting 
14 evidence of violations of the criminal laws of the State;
15  (3) cooperate with the police of cities, villages, and 
16 incorporated towns, and with the police officers of any 
17 county, in enforcing the laws of the State and in making 
18 arrests;
19  (4) provide, as may be required by law, assistance to 
20 local law enforcement agencies through training, 
21 management, and consultant services for local law 
22 enforcement agencies, pertaining to law enforcement 
23 activities;
24  (5) exercise the rights, powers, and duties which have 
25 been vested in it by the Secretary of State Act and this 
26 Code; and
 
 
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1  (6) enforce and administer any other laws in relation 
2 to law enforcement as may be vested in the Secretary of 
3 State Department of Police.
4 Persons within the Secretary of State Department of Police 
5who exercise these powers are conservators of the peace and 
6have all the powers possessed by policemen in municipalities 
7and sheriffs, and may exercise these powers anywhere in the 
8State in cooperation with local law enforcement officials. 
9These persons may use false or fictitious names in the 
10performance of their duties under this Section, upon approval 
11of the Director of Police-Secretary of State, and shall not be 
12subject to prosecution under the criminal laws for that use.
13 (e) The Secretary of State Department of Police may 
14charge, collect, and receive fees or moneys equivalent to the 
15cost of providing its personnel, equipment, and services to 
16governmental agencies when explicitly requested by a 
17governmental agency and according to an intergovernmental 
18agreement or memorandums of understanding as provided by this 
19Section, including but not limited to fees or moneys 
20equivalent to the cost of providing training to other 
21governmental agencies on terms and conditions that in the 
22judgment of the Director of Police-Secretary of State are in 
23the best interest of the Secretary of State. All fees received 
24by the Secretary of State Police Department under this Act 
25shall be deposited in a special fund in the State Treasury to 
26be known as the Secretary of State Police Services Fund. The 
 
 
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1money deposited in the Secretary of State Police Services Fund 
2shall be appropriated to the Secretary of State Department of 
3Police as provided for in subsection (g).
4 (f) The Secretary of State Department of Police may apply 
5for grants or contracts and receive, expend, allocate, or 
6disburse moneys made available by public or private entities, 
7including, but not limited to, contracts, bequests, grants, or 
8receiving equipment from corporations, foundations, or public 
9or private institutions of higher learning.
10 (g) The Secretary of State Police Services Fund is hereby 
11created as a special fund in the State Treasury. All moneys 
12received under this Section by the Secretary of State 
13Department of Police shall be deposited into the Secretary of 
14State Police Services Fund to be appropriated to the Secretary 
15of State Department of Police for purposes as indicated by the 
16grantor or contractor or, in the case of moneys bequeathed or 
17granted for no specific purpose, for any purpose as deemed 
18appropriate by the Director of Police-Secretary of State in 
19administering the responsibilities of the Secretary of State 
20Department of Police.
21(Source: P.A. 102-538, eff. 8-20-21.)

22 Section 160. The Criminal Code of 2012 is amended by 
23changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, 
2424-1.1, 24-1.6, 24-1.8, 24-1.9, 24-1.10, 24-2, 24-3, 24-3.1, 
2524-3.2, 24-3.4, 24-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and 
 
 
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1adding Section 24-4.5 as follows:

2 (720 ILCS 5/2-7.1)
3 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition". 
4"Firearm "Firearm" and "firearm ammunition" means any 
5self-contained cartridge or shotgun shell, by whatever name 
6known, which is designed to be used or adaptable to use in a 
7firearm; excluding, however:
8 (1) any ammunition exclusively designed for use with a 
9device used exclusively for signaling or safety and required 
10or recommended by the United States Coast Guard or the 
11Interstate Commerce Commission; and
12 (2) any ammunition designed exclusively for use with a 
13stud or rivet driver or other similar industrial ammunition 
14have the meanings ascribed to them in Section 1.1 of the 
15Firearm Owners Identification Card Act.
16(Source: P.A. 91-544, eff. 1-1-00.)

17 (720 ILCS 5/2-7.5)
18 Sec. 2-7.5. "Firearm". Except as otherwise provided in a 
19specific Section, "firearm" means any device, by whatever name 
20known, which is designed to expel a projectile or projectiles 
21by the action of an explosion, expansion of gas or escape of 
22gas; excluding, however:
23 (1) any pneumatic gun, spring gun, paint ball gun, or B-B 
24gun which expels a single globular projectile not exceeding 
 
 
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1.18 inch in diameter or which has a maximum muzzle velocity of 
2less than 700 feet per second;
3 (1.1) any pneumatic gun, spring gun, paint ball gun, or 
4B-B gun which expels breakable paint balls containing washable 
5marking colors; 
6 (2) any device used exclusively for signaling or safety 
7and required or recommended by the United States Coast Guard 
8or the Interstate Commerce Commission;
9 (3) any device used exclusively for the firing of stud 
10cartridges, explosive rivets, or similar industrial 
11ammunition; and
12 (4) an antique firearm (other than a machine-gun) which, 
13although designed as a weapon, the Illinois State Police finds 
14by reason of the date of its manufacture, value, design, and 
15other characteristics is primarily a collector's item and is 
16not likely to be used as a weapon has the meaning ascribed to 
17it in Section 1.1 of the Firearm Owners Identification Card 
18Act.
19(Source: P.A. 95-331, eff. 8-21-07.)

20 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
21 (Text of Section before amendment by P.A. 103-51)
22 Sec. 12-3.05. Aggravated battery. 
23 (a) Offense based on injury. A person commits aggravated 
24battery when, in committing a battery, other than by the 
25discharge of a firearm, he or she knowingly does any of the 
 
 
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1following:
2  (1) Causes great bodily harm or permanent disability 
3 or disfigurement.
4  (2) Causes severe and permanent disability, great 
5 bodily harm, or disfigurement by means of a caustic or 
6 flammable substance, a poisonous gas, a deadly biological 
7 or chemical contaminant or agent, a radioactive substance, 
8 or a bomb or explosive compound.
9  (3) Causes great bodily harm or permanent disability 
10 or disfigurement to an individual whom the person knows to 
11 be a peace officer, community policing volunteer, fireman, 
12 private security officer, correctional institution 
13 employee, or Department of Human Services employee 
14 supervising or controlling sexually dangerous persons or 
15 sexually violent persons:
16   (i) performing his or her official duties;
17   (ii) battered to prevent performance of his or her 
18 official duties; or
19   (iii) battered in retaliation for performing his 
20 or her official duties.
21  (4) Causes great bodily harm or permanent disability 
22 or disfigurement to an individual 60 years of age or 
23 older.
24  (5) Strangles another individual. 
25 (b) Offense based on injury to a child or person with an 
26intellectual disability. A person who is at least 18 years of 
 
 
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1age commits aggravated battery when, in committing a battery, 
2he or she knowingly and without legal justification by any 
3means:
4  (1) causes great bodily harm or permanent disability 
5 or disfigurement to any child under the age of 13 years, or 
6 to any person with a severe or profound intellectual 
7 disability; or
8  (2) causes bodily harm or disability or disfigurement 
9 to any child under the age of 13 years or to any person 
10 with a severe or profound intellectual disability. 
11 (c) Offense based on location of conduct. A person commits 
12aggravated battery when, in committing a battery, other than 
13by the discharge of a firearm, he or she is or the person 
14battered is on or about a public way, public property, a public 
15place of accommodation or amusement, a sports venue, or a 
16domestic violence shelter, or in a church, synagogue, mosque, 
17or other building, structure, or place used for religious 
18worship.
19 (d) Offense based on status of victim. A person commits 
20aggravated battery when, in committing a battery, other than 
21by discharge of a firearm, he or she knows the individual 
22battered to be any of the following:
23  (1) A person 60 years of age or older.
24  (2) A person who is pregnant or has a physical 
25 disability.
26  (3) A teacher or school employee upon school grounds 
 
 
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1 or grounds adjacent to a school or in any part of a 
2 building used for school purposes.
3  (4) A peace officer, community policing volunteer, 
4 fireman, private security officer, correctional 
5 institution employee, or Department of Human Services 
6 employee supervising or controlling sexually dangerous 
7 persons or sexually violent persons:
8   (i) performing his or her official duties;
9   (ii) battered to prevent performance of his or her 
10 official duties; or
11   (iii) battered in retaliation for performing his 
12 or her official duties.
13  (5) A judge, emergency management worker, emergency 
14 medical services personnel, or utility worker:
15   (i) performing his or her official duties;
16   (ii) battered to prevent performance of his or her 
17 official duties; or
18   (iii) battered in retaliation for performing his 
19 or her official duties.
20  (6) An officer or employee of the State of Illinois, a 
21 unit of local government, or a school district, while 
22 performing his or her official duties.
23  (7) A transit employee performing his or her official 
24 duties, or a transit passenger.
25  (8) A taxi driver on duty.
26  (9) A merchant who detains the person for an alleged 
 
 
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1 commission of retail theft under Section 16-26 of this 
2 Code and the person without legal justification by any 
3 means causes bodily harm to the merchant.
4  (10) A person authorized to serve process under 
5 Section 2-202 of the Code of Civil Procedure or a special 
6 process server appointed by the circuit court while that 
7 individual is in the performance of his or her duties as a 
8 process server.
9  (11) A nurse while in the performance of his or her 
10 duties as a nurse. 
11  (12) A merchant: (i) while performing his or her 
12 duties, including, but not limited to, relaying directions 
13 for healthcare or safety from his or her supervisor or 
14 employer or relaying health or safety guidelines, 
15 recommendations, regulations, or rules from a federal, 
16 State, or local public health agency; and (ii) during a 
17 disaster declared by the Governor, or a state of emergency 
18 declared by the mayor of the municipality in which the 
19 merchant is located, due to a public health emergency and 
20 for a period of 6 months after such declaration. 
21 (e) Offense based on use of a firearm. A person commits 
22aggravated battery when, in committing a battery, he or she 
23knowingly does any of the following:
24  (1) Discharges a firearm, other than a machine gun or 
25 a firearm equipped with a silencer, and causes any injury 
26 to another person.
 
 
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1  (2) Discharges a firearm, other than a machine gun or 
2 a firearm equipped with a silencer, and causes any injury 
3 to a person he or she knows to be a peace officer, 
4 community policing volunteer, person summoned by a police 
5 officer, fireman, private security officer, correctional 
6 institution employee, or emergency management worker:
7   (i) performing his or her official duties;
8   (ii) battered to prevent performance of his or her 
9 official duties; or
10   (iii) battered in retaliation for performing his 
11 or her official duties.
12  (3) Discharges a firearm, other than a machine gun or 
13 a firearm equipped with a silencer, and causes any injury 
14 to a person he or she knows to be emergency medical 
15 services personnel:
16   (i) performing his or her official duties;
17   (ii) battered to prevent performance of his or her 
18 official duties; or
19   (iii) battered in retaliation for performing his 
20 or her official duties.
21  (4) Discharges a firearm and causes any injury to a 
22 person he or she knows to be a teacher, a student in a 
23 school, or a school employee, and the teacher, student, or 
24 employee is upon school grounds or grounds adjacent to a 
25 school or in any part of a building used for school 
26 purposes.
 
 
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1  (5) Discharges a machine gun or a firearm equipped 
2 with a silencer, and causes any injury to another person.
3  (6) Discharges a machine gun or a firearm equipped 
4 with a silencer, and causes any injury to a person he or 
5 she knows to be a peace officer, community policing 
6 volunteer, person summoned by a police officer, fireman, 
7 private security officer, correctional institution 
8 employee or emergency management worker:
9   (i) performing his or her official duties;
10   (ii) battered to prevent performance of his or her 
11 official duties; or
12   (iii) battered in retaliation for performing his 
13 or her official duties.
14  (7) Discharges a machine gun or a firearm equipped 
15 with a silencer, and causes any injury to a person he or 
16 she knows to be emergency medical services personnel:
17   (i) performing his or her official duties;
18   (ii) battered to prevent performance of his or her 
19 official duties; or
20   (iii) battered in retaliation for performing his 
21 or her official duties.
22  (8) Discharges a machine gun or a firearm equipped 
23 with a silencer, and causes any injury to a person he or 
24 she knows to be a teacher, or a student in a school, or a 
25 school employee, and the teacher, student, or employee is 
26 upon school grounds or grounds adjacent to a school or in 
 
 
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1 any part of a building used for school purposes. 
2 (f) Offense based on use of a weapon or device. A person 
3commits aggravated battery when, in committing a battery, he 
4or she does any of the following:
5  (1) Uses a deadly weapon other than by discharge of a 
6 firearm, or uses an air rifle as defined in Section 
7 24.8-0.1 of this Code.
8  (2) Wears a hood, robe, or mask to conceal his or her 
9 identity.
10  (3) Knowingly and without lawful justification shines 
11 or flashes a laser gunsight or other laser device attached 
12 to a firearm, or used in concert with a firearm, so that 
13 the laser beam strikes upon or against the person of 
14 another.
15  (4) Knowingly video or audio records the offense with 
16 the intent to disseminate the recording. 
17 (g) Offense based on certain conduct. A person commits 
18aggravated battery when, other than by discharge of a firearm, 
19he or she does any of the following:
20  (1) Violates Section 401 of the Illinois Controlled 
21 Substances Act by unlawfully delivering a controlled 
22 substance to another and any user experiences great bodily 
23 harm or permanent disability as a result of the injection, 
24 inhalation, or ingestion of any amount of the controlled 
25 substance.
26  (2) Knowingly administers to an individual or causes 
 
 
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1 him or her to take, without his or her consent or by threat 
2 or deception, and for other than medical purposes, any 
3 intoxicating, poisonous, stupefying, narcotic, 
4 anesthetic, or controlled substance, or gives to another 
5 person any food containing any substance or object 
6 intended to cause physical injury if eaten.
7  (3) Knowingly causes or attempts to cause a 
8 correctional institution employee or Department of Human 
9 Services employee to come into contact with blood, seminal 
10 fluid, urine, or feces by throwing, tossing, or expelling 
11 the fluid or material, and the person is an inmate of a 
12 penal institution or is a sexually dangerous person or 
13 sexually violent person in the custody of the Department 
14 of Human Services.
15 (h) Sentence. Unless otherwise provided, aggravated 
16battery is a Class 3 felony.
17 Aggravated battery as defined in subdivision (a)(4), 
18(d)(4), or (g)(3) is a Class 2 felony.
19 Aggravated battery as defined in subdivision (a)(3) or 
20(g)(1) is a Class 1 felony.
21 Aggravated battery as defined in subdivision (a)(1) is a 
22Class 1 felony when the aggravated battery was intentional and 
23involved the infliction of torture, as defined in paragraph 
24(14) of subsection (b) of Section 9-1 of this Code, as the 
25infliction of or subjection to extreme physical pain, 
26motivated by an intent to increase or prolong the pain, 
 
 
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1suffering, or agony of the victim. 
2 Aggravated battery as defined in subdivision (a)(1) is a 
3Class 2 felony when the person causes great bodily harm or 
4permanent disability to an individual whom the person knows to 
5be a member of a congregation engaged in prayer or other 
6religious activities at a church, synagogue, mosque, or other 
7building, structure, or place used for religious worship. 
8 Aggravated battery under subdivision (a)(5) is a Class 1 
9felony if:
10  (A) the person used or attempted to use a dangerous 
11 instrument while committing the offense;
12  (B) the person caused great bodily harm or permanent 
13 disability or disfigurement to the other person while 
14 committing the offense; or
15  (C) the person has been previously convicted of a 
16 violation of subdivision (a)(5) under the laws of this 
17 State or laws similar to subdivision (a)(5) of any other 
18 state. 
19 Aggravated battery as defined in subdivision (e)(1) is a 
20Class X felony.
21 Aggravated battery as defined in subdivision (a)(2) is a 
22Class X felony for which a person shall be sentenced to a term 
23of imprisonment of a minimum of 6 years and a maximum of 45 
24years.
25 Aggravated battery as defined in subdivision (e)(5) is a 
26Class X felony for which a person shall be sentenced to a term 
 
 
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1of imprisonment of a minimum of 12 years and a maximum of 45 
2years.
3 Aggravated battery as defined in subdivision (e)(2), 
4(e)(3), or (e)(4) is a Class X felony for which a person shall 
5be sentenced to a term of imprisonment of a minimum of 15 years 
6and a maximum of 60 years.
7 Aggravated battery as defined in subdivision (e)(6), 
8(e)(7), or (e)(8) is a Class X felony for which a person shall 
9be sentenced to a term of imprisonment of a minimum of 20 years 
10and a maximum of 60 years.
11 Aggravated battery as defined in subdivision (b)(1) is a 
12Class X felony, except that:
13  (1) if the person committed the offense while armed 
14 with a firearm, 15 years shall be added to the term of 
15 imprisonment imposed by the court;
16  (2) if, during the commission of the offense, the 
17 person personally discharged a firearm, 20 years shall be 
18 added to the term of imprisonment imposed by the court;
19  (3) if, during the commission of the offense, the 
20 person personally discharged a firearm that proximately 
21 caused great bodily harm, permanent disability, permanent 
22 disfigurement, or death to another person, 25 years or up 
23 to a term of natural life shall be added to the term of 
24 imprisonment imposed by the court.
25 (i) Definitions. In this Section:
26 "Building or other structure used to provide shelter" has 
 
 
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1the meaning ascribed to "shelter" in Section 1 of the Domestic 
2Violence Shelters Act.
3 "Domestic violence" has the meaning ascribed to it in 
4Section 103 of the Illinois Domestic Violence Act of 1986.
5 "Domestic violence shelter" means any building or other 
6structure used to provide shelter or other services to victims 
7or to the dependent children of victims of domestic violence 
8pursuant to the Illinois Domestic Violence Act of 1986 or the 
9Domestic Violence Shelters Act, or any place within 500 feet 
10of such a building or other structure in the case of a person 
11who is going to or from such a building or other structure.
12 "Firearm" has the meaning provided under Section 2-7.5 of 
13the Criminal Code of 2012 1.1 of the Firearm Owners 
14Identification Card Act, and does not include an air rifle as 
15defined by Section 24.8-0.1 of this Code. 
16 "Machine gun" has the meaning ascribed to it in Section 
1724-1 of this Code.
18 "Merchant" has the meaning ascribed to it in Section 
1916-0.1 of this Code. 
20 "Strangle" means intentionally impeding the normal 
21breathing or circulation of the blood of an individual by 
22applying pressure on the throat or neck of that individual or 
23by blocking the nose or mouth of that individual. 
24(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)

25 (Text of Section after amendment by P.A. 103-51)
 
 
HB4327- 209 -LRB103 34892 RLC 64759 b


1 Sec. 12-3.05. Aggravated battery. 
2 (a) Offense based on injury. A person commits aggravated 
3battery when, in committing a battery, other than by the 
4discharge of a firearm, he or she knowingly does any of the 
5following:
6  (1) Causes great bodily harm or permanent disability 
7 or disfigurement.
8  (2) Causes severe and permanent disability, great 
9 bodily harm, or disfigurement by means of a caustic or 
10 flammable substance, a poisonous gas, a deadly biological 
11 or chemical contaminant or agent, a radioactive substance, 
12 or a bomb or explosive compound.
13  (3) Causes great bodily harm or permanent disability 
14 or disfigurement to an individual whom the person knows to 
15 be a peace officer, community policing volunteer, fireman, 
16 private security officer, correctional institution 
17 employee, or Department of Human Services employee 
18 supervising or controlling sexually dangerous persons or 
19 sexually violent persons:
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  (4) Causes great bodily harm or permanent disability 
26 or disfigurement to an individual 60 years of age or 
 
 
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1 older.
2  (5) Strangles another individual. 
3 (b) Offense based on injury to a child or person with an 
4intellectual disability. A person who is at least 18 years of 
5age commits aggravated battery when, in committing a battery, 
6he or she knowingly and without legal justification by any 
7means:
8  (1) causes great bodily harm or permanent disability 
9 or disfigurement to any child under the age of 13 years, or 
10 to any person with a severe or profound intellectual 
11 disability; or
12  (2) causes bodily harm or disability or disfigurement 
13 to any child under the age of 13 years or to any person 
14 with a severe or profound intellectual disability. 
15 (c) Offense based on location of conduct. A person commits 
16aggravated battery when, in committing a battery, other than 
17by the discharge of a firearm, he or she is or the person 
18battered is on or about a public way, public property, a public 
19place of accommodation or amusement, a sports venue, or a 
20domestic violence shelter, or in a church, synagogue, mosque, 
21or other building, structure, or place used for religious 
22worship.
23 (d) Offense based on status of victim. A person commits 
24aggravated battery when, in committing a battery, other than 
25by discharge of a firearm, he or she knows the individual 
26battered to be any of the following:
 
 
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1  (1) A person 60 years of age or older.
2  (2) A person who is pregnant or has a physical 
3 disability.
4  (3) A teacher or school employee upon school grounds 
5 or grounds adjacent to a school or in any part of a 
6 building used for school purposes.
7  (4) A peace officer, community policing volunteer, 
8 fireman, private security officer, correctional 
9 institution employee, or Department of Human Services 
10 employee supervising or controlling sexually dangerous 
11 persons or sexually violent persons:
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  (5) A judge, emergency management worker, emergency 
18 medical services personnel, or utility worker:
19   (i) performing his or her official duties;
20   (ii) battered to prevent performance of his or her 
21 official duties; or
22   (iii) battered in retaliation for performing his 
23 or her official duties.
24  (6) An officer or employee of the State of Illinois, a 
25 unit of local government, or a school district, while 
26 performing his or her official duties.
 
 
HB4327- 212 -LRB103 34892 RLC 64759 b


1  (7) A transit employee performing his or her official 
2 duties, or a transit passenger.
3  (8) A taxi driver on duty.
4  (9) A merchant who detains the person for an alleged 
5 commission of retail theft under Section 16-26 of this 
6 Code and the person without legal justification by any 
7 means causes bodily harm to the merchant.
8  (10) A person authorized to serve process under 
9 Section 2-202 of the Code of Civil Procedure or a special 
10 process server appointed by the circuit court while that 
11 individual is in the performance of his or her duties as a 
12 process server.
13  (11) A nurse while in the performance of his or her 
14 duties as a nurse. 
15  (12) A merchant: (i) while performing his or her 
16 duties, including, but not limited to, relaying directions 
17 for healthcare or safety from his or her supervisor or 
18 employer or relaying health or safety guidelines, 
19 recommendations, regulations, or rules from a federal, 
20 State, or local public health agency; and (ii) during a 
21 disaster declared by the Governor, or a state of emergency 
22 declared by the mayor of the municipality in which the 
23 merchant is located, due to a public health emergency and 
24 for a period of 6 months after such declaration. 
25 (e) Offense based on use of a firearm. A person commits 
26aggravated battery when, in committing a battery, he or she 
 
 
HB4327- 213 -LRB103 34892 RLC 64759 b


1knowingly does any of the following:
2  (1) Discharges a firearm, other than a machine gun or 
3 a firearm equipped with a silencer, and causes any injury 
4 to another person.
5  (2) Discharges a firearm, other than a machine gun or 
6 a firearm equipped with a silencer, and causes any injury 
7 to a person he or she knows to be a peace officer, 
8 community policing volunteer, person summoned by a police 
9 officer, fireman, private security officer, correctional 
10 institution employee, or emergency management worker:
11   (i) performing his or her official duties;
12   (ii) battered to prevent performance of his or her 
13 official duties; or
14   (iii) battered in retaliation for performing his 
15 or her official duties.
16  (3) Discharges a firearm, other than a machine gun or 
17 a firearm equipped with a silencer, and causes any injury 
18 to a person he or she knows to be emergency medical 
19 services personnel:
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  (4) Discharges a firearm and causes any injury to a 
26 person he or she knows to be a teacher, a student in a 
 
 
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1 school, or a school employee, and the teacher, student, or 
2 employee is upon school grounds or grounds adjacent to a 
3 school or in any part of a building used for school 
4 purposes.
5  (5) Discharges a machine gun or a firearm equipped 
6 with a silencer, and causes any injury to another person.
7  (6) Discharges a machine gun or a firearm equipped 
8 with a silencer, and causes any injury to a person he or 
9 she knows to be a peace officer, community policing 
10 volunteer, person summoned by a police officer, fireman, 
11 private security officer, correctional institution 
12 employee or emergency management worker:
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  (7) Discharges a machine gun or a firearm equipped 
19 with a silencer, and causes any injury to a person he or 
20 she knows to be emergency medical 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  (8) Discharges a machine gun or a firearm equipped 
 
 
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1 with a silencer, and causes any injury to a person he or 
2 she knows to be a teacher, or a student in a school, or a 
3 school employee, and the teacher, student, or employee is 
4 upon school grounds or grounds adjacent to a school or in 
5 any part of a building used for school purposes. 
6 (f) Offense based on use of a weapon or device. A person 
7commits aggravated battery when, in committing a battery, he 
8or she does any of the following:
9  (1) Uses a deadly weapon other than by discharge of a 
10 firearm, or uses an air rifle as defined in Section 
11 24.8-0.1 of this Code.
12  (2) Wears a hood, robe, or mask to conceal his or her 
13 identity.
14  (3) Knowingly and without lawful justification shines 
15 or flashes a laser gunsight or other laser device attached 
16 to a firearm, or used in concert with a firearm, so that 
17 the laser beam strikes upon or against the person of 
18 another.
19  (4) Knowingly video or audio records the offense with 
20 the intent to disseminate the recording. 
21 (g) Offense based on certain conduct. A person commits 
22aggravated battery when, other than by discharge of a firearm, 
23he or she does any of the following:
24  (1) Violates Section 401 of the Illinois Controlled 
25 Substances Act by unlawfully delivering a controlled 
26 substance to another and any user experiences great bodily 
 
 
HB4327- 216 -LRB103 34892 RLC 64759 b


1 harm or permanent disability as a result of the injection, 
2 inhalation, or ingestion of any amount of the controlled 
3 substance.
4  (2) Knowingly administers to an individual or causes 
5 him or her to take, without his or her consent or by threat 
6 or deception, and for other than medical purposes, any 
7 intoxicating, poisonous, stupefying, narcotic, 
8 anesthetic, or controlled substance, or gives to another 
9 person any food containing any substance or object 
10 intended to cause physical injury if eaten.
11  (3) Knowingly causes or attempts to cause a 
12 correctional institution employee or Department of Human 
13 Services employee to come into contact with blood, seminal 
14 fluid, urine, or feces by throwing, tossing, or expelling 
15 the fluid or material, and the person is an inmate of a 
16 penal institution or is a sexually dangerous person or 
17 sexually violent person in the custody of the Department 
18 of Human Services.
19 (h) Sentence. Unless otherwise provided, aggravated 
20battery is a Class 3 felony.
21 Aggravated battery as defined in subdivision (a)(4), 
22(d)(4), or (g)(3) is a Class 2 felony.
23 Aggravated battery as defined in subdivision (a)(3) or 
24(g)(1) is a Class 1 felony.
25 Aggravated battery as defined in subdivision (a)(1) is a 
26Class 1 felony when the aggravated battery was intentional and 
 
 
HB4327- 217 -LRB103 34892 RLC 64759 b


1involved the infliction of torture, as defined in paragraph 
2(10) of subsection (b-5) of Section 5-8-1 of the Unified Code 
3of Corrections, as the infliction of or subjection to extreme 
4physical pain, motivated by an intent to increase or prolong 
5the pain, suffering, or agony of the victim. 
6 Aggravated battery as defined in subdivision (a)(1) is a 
7Class 2 felony when the person causes great bodily harm or 
8permanent disability to an individual whom the person knows to 
9be a member of a congregation engaged in prayer or other 
10religious activities at a church, synagogue, mosque, or other 
11building, structure, or place used for religious worship. 
12 Aggravated battery under subdivision (a)(5) is a Class 1 
13felony if:
14  (A) the person used or attempted to use a dangerous 
15 instrument while committing the offense;
16  (B) the person caused great bodily harm or permanent 
17 disability or disfigurement to the other person while 
18 committing the offense; or
19  (C) the person has been previously convicted of a 
20 violation of subdivision (a)(5) under the laws of this 
21 State or laws similar to subdivision (a)(5) of any other 
22 state. 
23 Aggravated battery as defined in subdivision (e)(1) is a 
24Class X felony.
25 Aggravated battery as defined in subdivision (a)(2) is a 
26Class X felony for which a person shall be sentenced to a term 
 
 
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1of imprisonment of a minimum of 6 years and a maximum of 45 
2years.
3 Aggravated battery as defined in subdivision (e)(5) is a 
4Class X felony for which a person shall be sentenced to a term 
5of imprisonment of a minimum of 12 years and a maximum of 45 
6years.
7 Aggravated battery as defined in subdivision (e)(2), 
8(e)(3), or (e)(4) is a Class X felony for which a person shall 
9be sentenced to a term of imprisonment of a minimum of 15 years 
10and a maximum of 60 years.
11 Aggravated battery as defined in subdivision (e)(6), 
12(e)(7), or (e)(8) is a Class X felony for which a person shall 
13be sentenced to a term of imprisonment of a minimum of 20 years 
14and a maximum of 60 years.
15 Aggravated battery as defined in subdivision (b)(1) is a 
16Class X felony, except that:
17  (1) if the person committed the offense while armed 
18 with a firearm, 15 years shall be added to the term of 
19 imprisonment imposed by the court;
20  (2) if, during the commission of the offense, the 
21 person personally discharged a firearm, 20 years shall be 
22 added to the term of imprisonment imposed by the court;
23  (3) if, during the commission of the offense, the 
24 person personally discharged a firearm that proximately 
25 caused great bodily harm, permanent disability, permanent 
26 disfigurement, or death to another person, 25 years or up 
 
 
HB4327- 219 -LRB103 34892 RLC 64759 b


1 to a term of natural life shall be added to the term of 
2 imprisonment imposed by the court.
3 (i) Definitions. In this Section:
4 "Building or other structure used to provide shelter" has 
5the meaning ascribed to "shelter" in Section 1 of the Domestic 
6Violence Shelters Act.
7 "Domestic violence" has the meaning ascribed to it in 
8Section 103 of the Illinois Domestic Violence Act of 1986.
9 "Domestic violence shelter" means any building or other 
10structure used to provide shelter or other services to victims 
11or to the dependent children of victims of domestic violence 
12pursuant to the Illinois Domestic Violence Act of 1986 or the 
13Domestic Violence Shelters Act, or any place within 500 feet 
14of such a building or other structure in the case of a person 
15who is going to or from such a building or other structure.
16 "Firearm" has the meaning provided under 2-7.5 of this 
17Code Section 1.1 of the Firearm Owners Identification Card 
18Act, and does not include an air rifle as defined by Section 
1924.8-0.1 of this Code. 
20 "Machine gun" has the meaning ascribed to it in Section 
2124-1 of this Code.
22 "Merchant" has the meaning ascribed to it in Section 
2316-0.1 of this Code. 
24 "Strangle" means intentionally impeding the normal 
25breathing or circulation of the blood of an individual by 
26applying pressure on the throat or neck of that individual or 
 
 
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1by blocking the nose or mouth of that individual. 
2(Source: P.A. 103-51, eff. 1-1-24.)

3 (720 ILCS 5/16-0.1)
4 Sec. 16-0.1. Definitions. In this Article, unless the 
5context clearly requires otherwise, the following terms are 
6defined as indicated:
7 "Access" means to use, instruct, communicate with, store 
8data in, retrieve or intercept data from, or otherwise utilize 
9any services of a computer.
10 "Coin-operated machine" includes any automatic vending 
11machine or any part thereof, parking meter, coin telephone, 
12coin-operated transit turnstile, transit fare box, coin 
13laundry machine, coin dry cleaning machine, amusement machine, 
14music machine, vending machine dispensing goods or services, 
15or money changer.
16 "Communication device" means any type of instrument, 
17device, machine, or equipment which is capable of 
18transmitting, acquiring, decrypting, or receiving any 
19telephonic, electronic, data, Internet access, audio, video, 
20microwave, or radio transmissions, signals, communications, or 
21services, including the receipt, acquisition, transmission, or 
22decryption of all such communications, transmissions, signals, 
23or services provided by or through any cable television, fiber 
24optic, telephone, satellite, microwave, radio, Internet-based, 
25data transmission, or wireless distribution network, system or 
 
 
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1facility; or any part, accessory, or component thereof, 
2including any computer circuit, security module, smart card, 
3software, computer chip, electronic mechanism or other 
4component, accessory or part of any communication device which 
5is capable of facilitating the transmission, decryption, 
6acquisition or reception of all such communications, 
7transmissions, signals, or services.
8 "Communication service" means any service lawfully 
9provided for a charge or compensation to facilitate the lawful 
10origination, transmission, emission, or reception of signs, 
11signals, data, writings, images, and sounds or intelligence of 
12any nature by telephone, including cellular telephones or a 
13wire, wireless, radio, electromagnetic, photo-electronic or 
14photo-optical system; and also any service lawfully provided 
15by any radio, telephone, cable television, fiber optic, 
16satellite, microwave, Internet-based or wireless distribution 
17network, system, facility or technology, including, but not 
18limited to, any and all electronic, data, video, audio, 
19Internet access, telephonic, microwave and radio 
20communications, transmissions, signals and services, and any 
21such communications, transmissions, signals and services 
22lawfully provided directly or indirectly by or through any of 
23those networks, systems, facilities or technologies.
24 "Communication service provider" means: (1) any person or 
25entity providing any communication service, whether directly 
26or indirectly, as a reseller, including, but not limited to, a 
 
 
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1cellular, paging or other wireless communications company or 
2other person or entity which, for a fee, supplies the 
3facility, cell site, mobile telephone switching office or 
4other equipment or communication service; (2) any person or 
5entity owning or operating any cable television, fiber optic, 
6satellite, telephone, wireless, microwave, radio, data 
7transmission or Internet-based distribution network, system or 
8facility; and (3) any person or entity providing any 
9communication service directly or indirectly by or through any 
10such distribution system, network or facility.
11 "Computer" means a device that accepts, processes, stores, 
12retrieves or outputs data, and includes but is not limited to 
13auxiliary storage and telecommunications devices connected to 
14computers.
15 "Continuing course of conduct" means a series of acts, and 
16the accompanying mental state necessary for the crime in 
17question, irrespective of whether the series of acts are 
18continuous or intermittent. 
19 "Delivery container" means any bakery basket of wire or 
20plastic used to transport or store bread or bakery products, 
21any dairy case of wire or plastic used to transport or store 
22dairy products, and any dolly or cart of 2 or 4 wheels used to 
23transport or store any bakery or dairy product.
24 "Document-making implement" means any implement, 
25impression, template, computer file, computer disc, electronic 
26device, computer hardware, computer software, instrument, or 
 
 
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1device that is used to make a real or fictitious or fraudulent 
2personal identification document.
3 "Financial transaction device" means any of the following:
4  (1) An electronic funds transfer card.
5  (2) A credit card.
6  (3) A debit card.
7  (4) A point-of-sale card.
8  (5) Any instrument, device, card, plate, code, account 
9 number, personal identification number, or a record or 
10 copy of a code, account number, or personal identification 
11 number or other means of access to a credit account or 
12 deposit account, or a driver's license or State 
13 identification card used to access a proprietary account, 
14 other than access originated solely by a paper instrument, 
15 that can be used alone or in conjunction with another 
16 access device, for any of the following purposes:
17   (A) Obtaining money, cash refund or credit 
18 account, credit, goods, services, or any other thing 
19 of value.
20   (B) Certifying or guaranteeing to a person or 
21 business the availability to the device holder of 
22 funds on deposit to honor a draft or check payable to 
23 the order of that person or business.
24   (C) Providing the device holder access to a 
25 deposit account for the purpose of making deposits, 
26 withdrawing funds, transferring funds between deposit 
 
 
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1 accounts, obtaining information pertaining to a 
2 deposit account, or making an electronic funds 
3 transfer.
4 "Full retail value" means the merchant's stated or 
5advertised price of the merchandise. "Full retail value" 
6includes the aggregate value of property obtained from retail 
7thefts committed by the same person as part of a continuing 
8course of conduct from one or more mercantile establishments 
9in a single transaction or in separate transactions over a 
10period of one year.
11 "Internet" means an interactive computer service or system 
12or an information service, system, or access software provider 
13that provides or enables computer access by multiple users to 
14a computer server, and includes, but is not limited to, an 
15information service, system, or access software provider that 
16provides access to a network system commonly known as the 
17Internet, or any comparable system or service and also 
18includes, but is not limited to, a World Wide Web page, 
19newsgroup, message board, mailing list, or chat area on any 
20interactive computer service or system or other online 
21service.
22 "Library card" means a card or plate issued by a library 
23facility for purposes of identifying the person to whom the 
24library card was issued as authorized to borrow library 
25material, subject to all limitations and conditions imposed on 
26the borrowing by the library facility issuing such card.
 
 
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1 "Library facility" includes any public library or museum, 
2or any library or museum of an educational, historical or 
3eleemosynary institution, organization or society.
4 "Library material" includes any book, plate, picture, 
5photograph, engraving, painting, sculpture, statue, artifact, 
6drawing, map, newspaper, pamphlet, broadside, magazine, 
7manuscript, document, letter, microfilm, sound recording, 
8audiovisual material, magnetic or other tape, electronic data 
9processing record or other documentary, written or printed 
10material regardless of physical form or characteristics, or 
11any part thereof, belonging to, or on loan to or otherwise in 
12the custody of a library facility.
13 "Manufacture or assembly of an unlawful access device" 
14means to make, produce or assemble an unlawful access device 
15or to modify, alter, program or re-program any instrument, 
16device, machine, equipment or software so that it is capable 
17of defeating or circumventing any technology, device or 
18software used by the provider, owner or licensee of a 
19communication service or of any data, audio or video programs 
20or transmissions to protect any such communication, data, 
21audio or video services, programs or transmissions from 
22unauthorized access, acquisition, disclosure, receipt, 
23decryption, communication, transmission or re-transmission.
24 "Manufacture or assembly of an unlawful communication 
25device" means to make, produce or assemble an unlawful 
26communication or wireless device or to modify, alter, program 
 
 
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1or reprogram a communication or wireless device to be capable 
2of acquiring, disrupting, receiving, transmitting, decrypting, 
3or facilitating the acquisition, disruption, receipt, 
4transmission or decryption of, a communication service without 
5the express consent or express authorization of the 
6communication service provider, or to knowingly assist others 
7in those activities.
8 "Master sound recording" means the original physical 
9object on which a given set of sounds were first recorded and 
10which the original object from which all subsequent sound 
11recordings embodying the same set of sounds are directly or 
12indirectly derived.
13 "Merchandise" means any item of tangible personal 
14property, including motor fuel.
15 "Merchant" means an owner or operator of any retail 
16mercantile establishment or any agent, employee, lessee, 
17consignee, officer, director, franchisee, or independent 
18contractor of the owner or operator. "Merchant" also means a 
19person who receives from an authorized user of a payment card, 
20or someone the person believes to be an authorized user, a 
21payment card or information from a payment card, or what the 
22person believes to be a payment card or information from a 
23payment card, as the instrument for obtaining, purchasing or 
24receiving goods, services, money, or anything else of value 
25from the person.
26 "Motor fuel" means a liquid, regardless of its properties, 
 
 
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1used to propel a vehicle, including gasoline and diesel.
2 "Online" means the use of any electronic or wireless 
3device to access the Internet.
4 "Payment card" means a credit card, charge card, debit 
5card, or any other card that is issued to an authorized card 
6user and that allows the user to obtain, purchase, or receive 
7goods, services, money, or anything else of value from a 
8merchant.
9 "Person with a disability" means a person who suffers from 
10a physical or mental impairment resulting from disease, 
11injury, functional disorder or congenital condition that 
12impairs the individual's mental or physical ability to 
13independently manage his or her property or financial 
14resources, or both. 
15 "Personal identification document" means a birth 
16certificate, a driver's license, a State identification card, 
17a public, government, or private employment identification 
18card, a social security card, a license issued under the 
19Firearm Concealed Carry Act firearm owner's identification 
20card, a credit card, a debit card, or a passport issued to or 
21on behalf of a person other than the offender, or any document 
22made or issued, or falsely purported to have been made or 
23issued, by or under the authority of the United States 
24Government, the State of Illinois, or any other state 
25political subdivision of any state, or any other governmental 
26or quasi-governmental organization that is of a type intended 
 
 
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1for the purpose of identification of an individual, or any 
2such document made or altered in a manner that it falsely 
3purports to have been made on behalf of or issued to another 
4person or by the authority of one who did not give that 
5authority.
6 "Personal identifying information" means any of the 
7following information:
8  (1) A person's name.
9  (2) A person's address.
10  (3) A person's date of birth.
11  (4) A person's telephone number.
12  (5) A person's driver's license number or State of 
13 Illinois identification card as assigned by the Secretary 
14 of State of the State of Illinois or a similar agency of 
15 another state.
16  (6) A person's social security number.
17  (7) A person's public, private, or government 
18 employer, place of employment, or employment 
19 identification number.
20  (8) The maiden name of a person's mother.
21  (9) The number assigned to a person's depository 
22 account, savings account, or brokerage account.
23  (10) The number assigned to a person's credit or debit 
24 card, commonly known as a "Visa Card", "MasterCard", 
25 "American Express Card", "Discover Card", or other similar 
26 cards whether issued by a financial institution, 
 
 
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1 corporation, or business entity.
2  (11) Personal identification numbers.
3  (12) Electronic identification numbers.
4  (13) Digital signals.
5  (14) User names, passwords, and any other word, 
6 number, character or combination of the same usable in 
7 whole or part to access information relating to a specific 
8 individual, or to the actions taken, communications made 
9 or received, or other activities or transactions of a 
10 specific individual.
11  (15) Any other numbers or information which can be 
12 used to access a person's financial resources, or to 
13 identify a specific individual, or the actions taken, 
14 communications made or received, or other activities or 
15 transactions of a specific individual.
16 "Premises of a retail mercantile establishment" includes, 
17but is not limited to, the retail mercantile establishment; 
18any common use areas in shopping centers; and all parking 
19areas set aside by a merchant or on behalf of a merchant for 
20the parking of vehicles for the convenience of the patrons of 
21such retail mercantile establishment.
22 "Public water, gas, or power supply, or other public 
23services" mean any service subject to regulation by the 
24Illinois Commerce Commission; any service furnished by a 
25public utility that is owned and operated by any political 
26subdivision, public institution of higher education or 
 
 
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1municipal corporation of this State; any service furnished by 
2any public utility that is owned by such political 
3subdivision, public institution of higher education, or 
4municipal corporation and operated by any of its lessees or 
5operating agents; any service furnished by an electric 
6cooperative as defined in Section 3.4 of the Electric Supplier 
7Act; or wireless service or other service regulated by the 
8Federal Communications Commission.
9 "Publish" means to communicate or disseminate information 
10to any one or more persons, either orally, in person, or by 
11telephone, radio or television or in writing of any kind, 
12including, without limitation, a letter or memorandum, 
13circular or handbill, newspaper or magazine article or book.
14 "Radio frequency identification device" means any 
15implement, computer file, computer disc, electronic device, 
16computer hardware, computer software, or instrument that is 
17used to activate, read, receive, or decode information stored 
18on a RFID tag or transponder attached to a personal 
19identification document. 
20 "RFID tag or transponder" means a chip or device that 
21contains personal identifying information from which the 
22personal identifying information can be read or decoded by 
23another device emitting a radio frequency that activates or 
24powers a radio frequency emission response from the chip or 
25transponder. 
26 "Reencoder" means an electronic device that places encoded 
 
 
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1information from the magnetic strip or stripe of a payment 
2card onto the magnetic strip or stripe of a different payment 
3card.
4 "Retail mercantile establishment" means any place where 
5merchandise is displayed, held, stored or offered for sale to 
6the public.
7 "Scanning device" means a scanner, reader, or any other 
8electronic device that is used to access, read, scan, obtain, 
9memorize, or store, temporarily or permanently, information 
10encoded on the magnetic strip or stripe of a payment card.
11 "Shopping cart" means those push carts of the type or 
12types which are commonly provided by grocery stores, drug 
13stores or other retail mercantile establishments for the use 
14of the public in transporting commodities in stores and 
15markets and, incidentally, from the stores to a place outside 
16the store.
17 "Sound or audio visual recording" means any sound or audio 
18visual phonograph record, disc, pre-recorded tape, film, wire, 
19magnetic tape or other object, device or medium, now known or 
20hereafter invented, by which sounds or images may be 
21reproduced with or without the use of any additional machine, 
22equipment or device.
23 "Stored value card" means any card, gift card, instrument, 
24or device issued with or without fee for the use of the 
25cardholder to obtain money, goods, services, or anything else 
26of value. Stored value cards include, but are not limited to, 
 
 
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1cards issued for use as a stored value card or gift card, and 
2an account identification number or symbol used to identify a 
3stored value card. "Stored value card" does not include a 
4prepaid card usable at multiple, unaffiliated merchants or at 
5automated teller machines, or both. "Stored value card" shall 
6only apply to Section 16-25.1 of this Act. 
7 "Theft detection device remover" means any tool or device 
8specifically designed and intended to be used to remove any 
9theft detection device from any merchandise.
10 "Under-ring" means to cause the cash register or other 
11sales recording device to reflect less than the full retail 
12value of the merchandise.
13 "Unidentified sound or audio visual recording" means a 
14sound or audio visual recording without the actual name and 
15full and correct street address of the manufacturer, and the 
16name of the actual performers or groups prominently and 
17legibly printed on the outside cover or jacket and on the label 
18of such sound or audio visual recording.
19 "Unlawful access device" means any type of instrument, 
20device, machine, equipment, technology, or software which is 
21primarily possessed, used, designed, assembled, manufactured, 
22sold, distributed or offered, promoted or advertised for the 
23purpose of defeating or circumventing any technology, device 
24or software, or any component or part thereof, used by the 
25provider, owner or licensee of any communication service or of 
26any data, audio or video programs or transmissions to protect 
 
 
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1any such communication, audio or video services, programs or 
2transmissions from unauthorized access, acquisition, receipt, 
3decryption, disclosure, communication, transmission or 
4re-transmission.
5 "Unlawful communication device" means any electronic 
6serial number, mobile identification number, personal 
7identification number or any communication or wireless device 
8that is capable of acquiring or facilitating the acquisition 
9of a communication service without the express consent or 
10express authorization of the communication service provider, 
11or that has been altered, modified, programmed or 
12reprogrammed, alone or in conjunction with another 
13communication or wireless device or other equipment, to so 
14acquire or facilitate the unauthorized acquisition of a 
15communication service. "Unlawful communication device" also 
16means:
17  (1) any phone altered to obtain service without the 
18 express consent or express authorization of the 
19 communication service provider, tumbler phone, counterfeit 
20 or clone phone, tumbler microchip, counterfeit or clone 
21 microchip, scanning receiver of wireless communication 
22 service or other instrument capable of disguising its 
23 identity or location or of gaining unauthorized access to 
24 a communications or wireless system operated by a 
25 communication service provider; and
26  (2) any communication or wireless device which is 
 
 
HB4327- 234 -LRB103 34892 RLC 64759 b


1 capable of, or has been altered, designed, modified, 
2 programmed or reprogrammed, alone or in conjunction with 
3 another communication or wireless device or devices, so as 
4 to be capable of, facilitating the disruption, 
5 acquisition, receipt, transmission or decryption of a 
6 communication service without the express consent or 
7 express authorization of the communication service 
8 provider, including, but not limited to, any device, 
9 technology, product, service, equipment, computer software 
10 or component or part thereof, primarily distributed, sold, 
11 designed, assembled, manufactured, modified, programmed, 
12 reprogrammed or used for the purpose of providing the 
13 unauthorized receipt of, transmission of, disruption of, 
14 decryption of, access to or acquisition of any 
15 communication service provided by any communication 
16 service provider.
17 "Vehicle" means a motor vehicle, motorcycle, or farm 
18implement that is self-propelled and that uses motor fuel for 
19propulsion.
20 "Wireless device" includes any type of instrument, device, 
21machine, or equipment that is capable of transmitting or 
22receiving telephonic, electronic or radio communications, or 
23any part of such instrument, device, machine, or equipment, or 
24any computer circuit, computer chip, electronic mechanism, or 
25other component that is capable of facilitating the 
26transmission or reception of telephonic, electronic, or radio 
 
 
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1communications. 
2(Source: P.A. 102-757, eff. 5-13-22.)

3 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
4 Sec. 17-30. Defaced, altered, or removed manufacturer or 
5owner identification number.  
6 (a) Unlawful sale of household appliances. A person 
7commits unlawful sale of household appliances when he or she 
8knowingly, with the intent to defraud or deceive another, 
9keeps for sale, within any commercial context, any household 
10appliance with a missing, defaced, obliterated, or otherwise 
11altered manufacturer's identification number.
12 (b) Construction equipment identification defacement. A 
13person commits construction equipment identification 
14defacement when he or she knowingly changes, alters, removes, 
15mutilates, or obliterates a permanently affixed serial number, 
16product identification number, part number, component 
17identification number, owner-applied identification, or other 
18mark of identification attached to or stamped, inscribed, 
19molded, or etched into a machine or other equipment, whether 
20stationary or mobile or self-propelled, or a part of such 
21machine or equipment, used in the construction, maintenance, 
22or demolition of buildings, structures, bridges, tunnels, 
23sewers, utility pipes or lines, ditches or open cuts, roads, 
24highways, dams, airports, or waterways or in material handling 
25for such projects. 
 
 
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1 The trier of fact may infer that the defendant has 
2knowingly changed, altered, removed, or obliterated the serial 
3number, product identification number, part number, component 
4identification number, owner-applied identification number, or 
5other mark of identification, if the defendant was in 
6possession of any machine or other equipment or a part of such 
7machine or equipment used in the construction, maintenance, or 
8demolition of buildings, structures, bridges, tunnels, sewers, 
9utility pipes or lines, ditches or open cuts, roads, highways, 
10dams, airports, or waterways or in material handling for such 
11projects upon which any such serial number, product 
12identification number, part number, component identification 
13number, owner-applied identification number, or other mark of 
14identification has been changed, altered, removed, or 
15obliterated. 
16 (c) Defacement of manufacturer's serial number or 
17identification mark. A person commits defacement of a 
18manufacturer's serial number or identification mark when he or 
19she knowingly removes, alters, defaces, covers, or destroys 
20the manufacturer's serial number or any other manufacturer's 
21number or distinguishing identification mark upon any machine 
22or other article of merchandise, other than a motor vehicle as 
23defined in Section 1-146 of the Illinois Vehicle Code or a 
24firearm as defined in the Firearm Owners Identification Card 
25Act, with the intent of concealing or destroying the identity 
26of such machine or other article of merchandise. 
 
 
HB4327- 237 -LRB103 34892 RLC 64759 b


1 (d) Sentence.
2  (1) A violation of subsection (a) of this Section is a 
3 Class 4 felony if the value of the appliance or appliances 
4 exceeds $1,000 and a Class B misdemeanor if the value of 
5 the appliance or appliances is $1,000 or less.
6  (2) A violation of subsection (b) of this Section is a 
7 Class A misdemeanor.
8  (3) A violation of subsection (c) of this Section is a 
9 Class B misdemeanor. 
10 (e) No liability shall be imposed upon any person for the 
11unintentional failure to comply with subsection (a).
12 (f) Definitions. In this Section:
13 "Commercial context" means a continuing business 
14enterprise conducted for profit by any person whose primary 
15business is the wholesale or retail marketing of household 
16appliances, or a significant portion of whose business or 
17inventory consists of household appliances kept or sold on a 
18wholesale or retail basis.
19 "Household appliance" means any gas or electric device or 
20machine marketed for use as home entertainment or for 
21facilitating or expediting household tasks or chores. The term 
22shall include but not necessarily be limited to refrigerators, 
23freezers, ranges, radios, television sets, vacuum cleaners, 
24toasters, dishwashers, and other similar household items.
25 "Manufacturer's identification number" means any serial 
26number or other similar numerical or alphabetical designation 
 
 
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1imprinted upon or attached to or placed, stamped, or otherwise 
2imprinted upon or attached to a household appliance or item by 
3the manufacturer for purposes of identifying a particular 
4appliance or item individually or by lot number. 
5(Source: P.A. 96-1551, eff. 7-1-11.)

6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
7 Sec. 24-1. Unlawful use of weapons. 
8 (a) A person commits the offense of unlawful use of 
9weapons when he knowingly:
10  (1) Sells, manufactures, purchases, possesses or 
11 carries any bludgeon, black-jack, slung-shot, sand-club, 
12 sand-bag, metal knuckles or other knuckle weapon 
13 regardless of its composition, throwing star, or any 
14 knife, commonly referred to as a switchblade knife, which 
15 has a blade that opens automatically by hand pressure 
16 applied to a button, spring or other device in the handle 
17 of the knife, or a ballistic knife, which is a device that 
18 propels a knifelike blade as a projectile by means of a 
19 coil spring, elastic material or compressed gas; or
20  (2) Carries or possesses with intent to use the same 
21 unlawfully against another, a dagger, dirk, billy, 
22 dangerous knife, razor, stiletto, broken bottle or other 
23 piece of glass, stun gun or taser or any other dangerous or 
24 deadly weapon or instrument of like character; or
25  (2.5) Carries or possesses with intent to use the same 
 
 
HB4327- 239 -LRB103 34892 RLC 64759 b


1 unlawfully against another, any firearm in a church, 
2 synagogue, mosque, or other building, structure, or place 
3 used for religious worship; or 
4  (3) Carries on or about his person or in any vehicle, a 
5 tear gas gun projector or bomb or any object containing 
6 noxious liquid gas or substance, other than an object 
7 containing a non-lethal noxious liquid gas or substance 
8 designed solely for personal defense carried by a person 
9 18 years of age or older; or
10  (4) Carries or possesses in any vehicle or concealed 
11 on or about his person except when on his land or in his 
12 own abode, legal dwelling, or fixed place of business, or 
13 on the land or in the legal dwelling of another person as 
14 an invitee with that person's permission, any pistol, 
15 revolver, stun gun or taser or other firearm, except that 
16 this subsection (a)(4) does not apply to or affect 
17 transportation of weapons that meet one of the following 
18 conditions:
19   (i) are broken down in a non-functioning state; or
20   (ii) are not immediately accessible; or
21   (iii) are unloaded and enclosed in a case, firearm 
22 carrying box, shipping box, or other container by a 
23 person eligible under State and federal law to possess 
24 a firearm who has been issued a currently valid 
25 Firearm Owner's Identification Card; or
26   (iv) are carried or possessed in accordance with 
 
 
HB4327- 240 -LRB103 34892 RLC 64759 b


1 the Firearm Concealed Carry Act by a person who has 
2 been issued a currently valid license under the 
3 Firearm Concealed Carry Act; or 
4  (5) Sets a spring gun; or
5  (6) Possesses any device or attachment of any kind 
6 designed, used or intended for use in silencing the report 
7 of any firearm; or
8  (7) Sells, manufactures, purchases, possesses or 
9 carries:
10   (i) a machine gun, which shall be defined for the 
11 purposes of this subsection as any weapon, which 
12 shoots, is designed to shoot, or can be readily 
13 restored to shoot, automatically more than one shot 
14 without manually reloading by a single function of the 
15 trigger, including the frame or receiver of any such 
16 weapon, or sells, manufactures, purchases, possesses, 
17 or carries any combination of parts designed or 
18 intended for use in converting any weapon into a 
19 machine gun, or any combination or parts from which a 
20 machine gun can be assembled if such parts are in the 
21 possession or under the control of a person;
22   (ii) any rifle having one or more barrels less 
23 than 16 inches in length or a shotgun having one or 
24 more barrels less than 18 inches in length or any 
25 weapon made from a rifle or shotgun, whether by 
26 alteration, modification, or otherwise, if such a 
 
 
HB4327- 241 -LRB103 34892 RLC 64759 b


1 weapon as modified has an overall length of less than 
2 26 inches; or
3   (iii) any bomb, bomb-shell, grenade, bottle or 
4 other container containing an explosive substance of 
5 over one-quarter ounce for like purposes, such as, but 
6 not limited to, black powder bombs and Molotov 
7 cocktails or artillery projectiles; or
8  (8) Carries or possesses any firearm, stun gun or 
9 taser or other deadly weapon in any place which is 
10 licensed to sell intoxicating beverages, or at any public 
11 gathering held pursuant to a license issued by any 
12 governmental body or any public gathering at which an 
13 admission is charged, excluding a place where a showing, 
14 demonstration or lecture involving the exhibition of 
15 unloaded firearms is conducted.
16  This subsection (a)(8) does not apply to any auction 
17 or raffle of a firearm held pursuant to a license or permit 
18 issued by a governmental body, nor does it apply to 
19 persons engaged in firearm safety training courses; or
20  (9) Carries or possesses in a vehicle or on or about 
21 his or her person any pistol, revolver, stun gun or taser 
22 or firearm or ballistic knife, when he or she is hooded, 
23 robed or masked in such manner as to conceal his or her 
24 identity; or
25  (10) Carries or possesses on or about his or her 
26 person, upon any public street, alley, or other public 
 
 
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1 lands within the corporate limits of a city, village, or 
2 incorporated town, except when an invitee thereon or 
3 therein, for the purpose of the display of such weapon or 
4 the lawful commerce in weapons, or except when on his land 
5 or in his or her own abode, legal dwelling, or fixed place 
6 of business, or on the land or in the legal dwelling of 
7 another person as an invitee with that person's 
8 permission, any pistol, revolver, stun gun, or taser or 
9 other firearm, except that this subsection (a)(10) does 
10 not apply to or affect transportation of weapons that meet 
11 one of the following conditions:
12   (i) are broken down in a non-functioning state; or
13   (ii) are not immediately accessible; or
14   (iii) are unloaded and enclosed in a case, firearm 
15 carrying box, shipping box, or other container by a 
16 person eligible under State and federal law to possess 
17 a firearm who has been issued a currently valid 
18 Firearm Owner's Identification Card; or
19   (iv) are carried or possessed in accordance with 
20 the Firearm Concealed Carry Act by a person who has 
21 been issued a currently valid license under the 
22 Firearm Concealed Carry Act. 
23  A "stun gun or taser", as used in this paragraph (a) 
24 means (i) any device which is powered by electrical 
25 charging units, such as, batteries, and which fires one or 
26 several barbs attached to a length of wire and which, upon 
 
 
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1 hitting a human, can send out a current capable of 
2 disrupting the person's nervous system in such a manner as 
3 to render him incapable of normal functioning or (ii) any 
4 device which is powered by electrical charging units, such 
5 as batteries, and which, upon contact with a human or 
6 clothing worn by a human, can send out current capable of 
7 disrupting the person's nervous system in such a manner as 
8 to render him incapable of normal functioning; or
9  (11) Sells, manufactures, delivers, imports, 
10 possesses, or purchases any assault weapon attachment or 
11 .50 caliber cartridge in violation of Section 24-1.9 or 
12 any explosive bullet. For purposes of this paragraph (a) 
13 "explosive bullet" means the projectile portion of an 
14 ammunition cartridge which contains or carries an 
15 explosive charge which will explode upon contact with the 
16 flesh of a human or an animal. "Cartridge" means a tubular 
17 metal case having a projectile affixed at the front 
18 thereof and a cap or primer at the rear end thereof, with 
19 the propellant contained in such tube between the 
20 projectile and the cap; or
21  (12) (Blank); or
22  (13) Carries or possesses on or about his or her 
23 person while in a building occupied by a unit of 
24 government, a billy club, other weapon of like character, 
25 or other instrument of like character intended for use as 
26 a weapon. For the purposes of this Section, "billy club" 
 
 
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1 means a short stick or club commonly carried by police 
2 officers which is either telescopic or constructed of a 
3 solid piece of wood or other man-made material; or
4  (14) Manufactures, possesses, sells, or offers to 
5 sell, purchase, manufacture, import, transfer, or use any 
6 device, part, kit, tool, accessory, or combination of 
7 parts that is designed to and functions to increase the 
8 rate of fire of a semiautomatic firearm above the standard 
9 rate of fire for semiautomatic firearms that is not 
10 equipped with that device, part, or combination of parts; 
11 or
12  (15) Carries or possesses any assault weapon or .50 
13 caliber rifle in violation of Section 24-1.9; or
14  (16) Manufactures, sells, delivers, imports, or 
15 purchases any assault weapon or .50 caliber rifle in 
16 violation of Section 24-1.9. 
17 (b) Sentence. A person convicted of a violation of 
18subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), 
19subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) 
20commits a Class A misdemeanor. A person convicted of a 
21violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a 
22Class 4 felony; a person convicted of a violation of 
23subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 
2424-1(a)(16) commits a Class 3 felony. A person convicted of a 
25violation of subsection 24-1(a)(7)(i) commits a Class 2 felony 
26and shall be sentenced to a term of imprisonment of not less 
 
 
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1than 3 years and not more than 7 years, unless the weapon is 
2possessed in the passenger compartment of a motor vehicle as 
3defined in Section 1-146 of the Illinois Vehicle Code, or on 
4the person, while the weapon is loaded, in which case it shall 
5be a Class X felony. A person convicted of a second or 
6subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 
724-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3 
8felony. A person convicted of a violation of subsection 
924-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The 
10possession of each weapon or device in violation of this 
11Section constitutes a single and separate violation.
12 (c) Violations in specific places.
13  (1) A person who violates subsection 24-1(a)(6) or 
14 24-1(a)(7) in any school, regardless of the time of day or 
15 the time of year, in residential property owned, operated 
16 or managed by a public housing agency or leased by a public 
17 housing agency as part of a scattered site or mixed-income 
18 development, in a public park, in a courthouse, on the 
19 real property comprising any school, regardless of the 
20 time of day or the time of year, on residential property 
21 owned, operated or managed by a public housing agency or 
22 leased by a public housing agency as part of a scattered 
23 site or mixed-income development, on the real property 
24 comprising any public park, on the real property 
25 comprising any courthouse, in any conveyance owned, leased 
26 or contracted by a school to transport students to or from 
 
 
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1 school or a school related activity, in any conveyance 
2 owned, leased, or contracted by a public transportation 
3 agency, or on any public way within 1,000 feet of the real 
4 property comprising any school, public park, courthouse, 
5 public transportation facility, or residential property 
6 owned, operated, or managed by a public housing agency or 
7 leased by a public housing agency as part of a scattered 
8 site or mixed-income development commits a Class 2 felony 
9 and shall be sentenced to a term of imprisonment of not 
10 less than 3 years and not more than 7 years.
11  (1.5) A person who violates subsection 24-1(a)(4), 
12 24-1(a)(9), or 24-1(a)(10) in any school, regardless of 
13 the time of day or the time of year, in residential 
14 property owned, operated, or managed by a public housing 
15 agency or leased by a public housing agency as part of a 
16 scattered site or mixed-income development, in a public 
17 park, in a courthouse, on the real property comprising any 
18 school, regardless of the time of day or the time of year, 
19 on residential property owned, operated, or managed by a 
20 public housing agency or leased by a public housing agency 
21 as part of a scattered site or mixed-income development, 
22 on the real property comprising any public park, on the 
23 real property comprising any courthouse, in any conveyance 
24 owned, leased, or contracted by a school to transport 
25 students to or from school or a school related activity, 
26 in any conveyance owned, leased, or contracted by a public 
 
 
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1 transportation agency, or on any public way within 1,000 
2 feet of the real property comprising any school, public 
3 park, courthouse, public transportation facility, or 
4 residential property owned, operated, or managed by a 
5 public housing agency or leased by a public housing agency 
6 as part of a scattered site or mixed-income development 
7 commits a Class 3 felony.
8  (2) A person who violates subsection 24-1(a)(1), 
9 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the 
10 time of day or the time of year, in residential property 
11 owned, operated or managed by a public housing agency or 
12 leased by a public housing agency as part of a scattered 
13 site or mixed-income development, in a public park, in a 
14 courthouse, on the real property comprising any school, 
15 regardless of the time of day or the time of year, on 
16 residential property owned, operated or managed by a 
17 public housing agency or leased by a public housing agency 
18 as part of a scattered site or mixed-income development, 
19 on the real property comprising any public park, on the 
20 real property comprising any courthouse, in any conveyance 
21 owned, leased or contracted by a school to transport 
22 students to or from school or a school related activity, 
23 in any conveyance owned, leased, or contracted by a public 
24 transportation agency, or on any public way within 1,000 
25 feet of the real property comprising any school, public 
26 park, courthouse, public transportation facility, or 
 
 
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1 residential property owned, operated, or managed by a 
2 public housing agency or leased by a public housing agency 
3 as part of a scattered site or mixed-income development 
4 commits a Class 4 felony. "Courthouse" means any building 
5 that is used by the Circuit, Appellate, or Supreme Court 
6 of this State for the conduct of official business.
7  (3) Paragraphs (1), (1.5), and (2) of this subsection 
8 (c) shall not apply to law enforcement officers or 
9 security officers of such school, college, or university 
10 or to students carrying or possessing firearms for use in 
11 training courses, parades, hunting, target shooting on 
12 school ranges, or otherwise with the consent of school 
13 authorities and which firearms are transported unloaded 
14 enclosed in a suitable case, box, or transportation 
15 package.
16  (4) For the purposes of this subsection (c), "school" 
17 means any public or private elementary or secondary 
18 school, community college, college, or university.
19  (5) For the purposes of this subsection (c), "public 
20 transportation agency" means a public or private agency 
21 that provides for the transportation or conveyance of 
22 persons by means available to the general public, except 
23 for transportation by automobiles not used for conveyance 
24 of the general public as passengers; and "public 
25 transportation facility" means a terminal or other place 
26 where one may obtain public transportation. 
 
 
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1 (d) The presence in an automobile other than a public 
2omnibus of any weapon, instrument or substance referred to in 
3subsection (a)(7) is prima facie evidence that it is in the 
4possession of, and is being carried by, all persons occupying 
5such automobile at the time such weapon, instrument or 
6substance is found, except under the following circumstances: 
7(i) if such weapon, instrument or instrumentality is found 
8upon the person of one of the occupants therein; or (ii) if 
9such weapon, instrument or substance is found in an automobile 
10operated for hire by a duly licensed driver in the due, lawful 
11and proper pursuit of his or her trade, then such presumption 
12shall not apply to the driver.
13 (e) Exemptions.
14  (1) Crossbows, Common or Compound bows and Underwater 
15 Spearguns are exempted from the definition of ballistic 
16 knife as defined in paragraph (1) of subsection (a) of 
17 this Section.
18  (2) The provision of paragraph (1) of subsection (a) 
19 of this Section prohibiting the sale, manufacture, 
20 purchase, possession, or carrying of any knife, commonly 
21 referred to as a switchblade knife, which has a blade that 
22 opens automatically by hand pressure applied to a button, 
23 spring or other device in the handle of the knife, does not 
24 apply to a person eligible under State and federal law to 
25 possess a firearm who possesses a currently valid Firearm 
26 Owner's Identification Card previously issued in his or 
 
 
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1 her name by the Illinois State Police or to a person or an 
2 entity engaged in the business of selling or manufacturing 
3 switchblade knives. 
4(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 
5102-1116, eff. 1-10-23.)

6 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
7 Sec. 24-1.1. Unlawful use or possession of weapons by 
8felons or persons in the custody of the Department of 
9Corrections facilities.
10 (a) It is unlawful for a person to knowingly possess on or 
11about his person or on his land or in his own abode or fixed 
12place of business any weapon prohibited under Section 24-1 of 
13this Act or any firearm or any firearm ammunition if the person 
14has been convicted of a felony under the laws of this State or 
15any other jurisdiction. This Section shall not apply if the 
16person has been granted relief under this subsection by the 
17Director of the Illinois State Police under Section 10 of the 
18Firearm Owners Identification Card Act. A person prohibited 
19from possessing a firearm under this subsection (a) may 
20petition the Director of the Illinois State Police for a 
21hearing and relief from the prohibition, unless the 
22prohibition was based upon a forcible felony, stalking, 
23aggravated stalking, domestic battery, any violation of the 
24Illinois Controlled Substances Act, the Methamphetamine 
25Control and Community Protection Act, or the Cannabis Control 
 
 
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1Act that is classified as a Class 2 or greater felony, any 
2felony violation of Article 24 of the Criminal Code of 1961 or 
3the Criminal Code of 2012, or any adjudication as a delinquent 
4minor for the commission of an offense that if committed by an 
5adult would be a felony, in which case the person may petition 
6the circuit court in writing in the county of his or her 
7residence for a hearing and relief from the prohibition. The 
8Director or court may grant the relief if it is established by 
9the petitioner to the court's or Director's satisfaction that:
10  (1) when in the circuit court, the State's Attorney 
11 has been served with a written copy of the petition at 
12 least 30 days before any hearing in the circuit court and 
13 at the hearing the State's Attorney was afforded an 
14 opportunity to present evidence and object to the 
15 petition;
16  (2) the petitioner has not been convicted of a 
17 forcible felony under the laws of this State or any other 
18 jurisdiction within 20 years of the filing of the 
19 petition, or at least 20 years have passed since the end of 
20 any period of imprisonment imposed in relation to that 
21 conviction;
22  (3) the circumstances regarding a criminal conviction, 
23 where applicable, the petitioner's criminal history and 
24 his or her reputation are such that the petitioner will 
25 not be likely to act in a manner dangerous to public 
26 safety;
 
 
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1  (4) granting relief would not be contrary to the 
2 public interest; and
3  (5) granting relief would not be contrary to federal 
4 law. 
5 (b) It is unlawful for any person confined in a penal 
6institution, which is a facility of the Illinois Department of 
7Corrections, to possess any weapon prohibited under Section 
824-1 of this Code or any firearm or firearm ammunition, 
9regardless of the intent with which he possesses it.
10 (c) It shall be an affirmative defense to a violation of 
11subsection (b), that such possession was specifically 
12authorized by rule, regulation, or directive of the Illinois 
13Department of Corrections or order issued pursuant thereto.
14 (d) The defense of necessity is not available to a person 
15who is charged with a violation of subsection (b) of this 
16Section.
17 (e) Sentence. Violation of this Section by a person not 
18confined in a penal institution shall be a Class 3 felony for 
19which the person shall be sentenced to no less than 2 years and 
20no more than 10 years. A second or subsequent violation of this 
21Section shall be a Class 2 felony for which the person shall be 
22sentenced to a term of imprisonment of not less than 3 years 
23and not more than 14 years, except as provided for in Section 
245-4.5-110 of the Unified Code of Corrections. Violation of 
25this Section by a person not confined in a penal institution 
26who has been convicted of a forcible felony, a felony 
 
 
HB4327- 253 -LRB103 34892 RLC 64759 b


1violation of Article 24 of this Code or of the Firearm Owners 
2Identification Card Act, stalking or aggravated stalking, or a 
3Class 2 or greater felony under the Illinois Controlled 
4Substances Act, the Cannabis Control Act, or the 
5Methamphetamine Control and Community Protection Act is a 
6Class 2 felony for which the person shall be sentenced to not 
7less than 3 years and not more than 14 years, except as 
8provided for in Section 5-4.5-110 of the Unified Code of 
9Corrections. Violation of this Section by a person who is on 
10parole or mandatory supervised release is a Class 2 felony for 
11which the person shall be sentenced to not less than 3 years 
12and not more than 14 years, except as provided for in Section 
135-4.5-110 of the Unified Code of Corrections. Violation of 
14this Section by a person not confined in a penal institution is 
15a Class X felony when the firearm possessed is a machine gun. 
16Any person who violates this Section while confined in a penal 
17institution, which is a facility of the Illinois Department of 
18Corrections, is guilty of a Class 1 felony, if he possesses any 
19weapon prohibited under Section 24-1 of this Code regardless 
20of the intent with which he possesses it, a Class X felony if 
21he possesses any firearm, firearm ammunition or explosive, and 
22a Class X felony for which the offender shall be sentenced to 
23not less than 12 years and not more than 50 years when the 
24firearm possessed is a machine gun. A violation of this 
25Section while wearing or in possession of body armor as 
26defined in Section 33F-1 is a Class X felony punishable by a 
 
 
HB4327- 254 -LRB103 34892 RLC 64759 b


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

6 (720 ILCS 5/24-1.6)
7 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
8 (a) A person commits the offense of aggravated unlawful 
9use of a weapon when he or she knowingly:
10  (1) Carries on or about his or her person or in any 
11 vehicle or concealed on or about his or her person except 
12 when on his or her land or in his or her abode, legal 
13 dwelling, or fixed place of business, or on the land or in 
14 the legal dwelling of another person as an invitee with 
15 that person's permission, any pistol, revolver, stun gun 
16 or taser or other firearm; or
17  (2) Carries or possesses on or about his or her 
18 person, upon any public street, alley, or other public 
19 lands within the corporate limits of a city, village or 
20 incorporated town, except when an invitee thereon or 
21 therein, for the purpose of the display of such weapon or 
22 the lawful commerce in weapons, or except when on his or 
23 her own land or in his or her own abode, legal dwelling, or 
24 fixed place of business, or on the land or in the legal 
25 dwelling of another person as an invitee with that 
 
 
HB4327- 255 -LRB103 34892 RLC 64759 b


1 person's permission, any pistol, revolver, stun gun or 
2 taser or other firearm; and
3  (3) One of the following factors is present:
4   (A) the firearm, other than a pistol, revolver, or 
5 handgun, possessed was uncased, loaded, and 
6 immediately accessible at the time of the offense; or
7   (A-5) the pistol, revolver, or handgun possessed 
8 was uncased, loaded, and immediately accessible at the 
9 time of the offense and the person possessing the 
10 pistol, revolver, or handgun has not been issued a 
11 currently valid license under the Firearm Concealed 
12 Carry Act; or 
13   (B) the firearm, other than a pistol, revolver, or 
14 handgun, possessed was uncased, unloaded, and the 
15 ammunition for the weapon was immediately accessible 
16 at the time of the offense; or
17   (B-5) the pistol, revolver, or handgun possessed 
18 was uncased, unloaded, and the ammunition for the 
19 weapon was immediately accessible at the time of the 
20 offense and the person possessing the pistol, 
21 revolver, or handgun has not been issued a currently 
22 valid license under the Firearm Concealed Carry Act; 
23 or 
24   (C) (blank); or the person possessing the firearm 
25 has not been issued a currently valid Firearm Owner's 
26 Identification Card; or
 
 
HB4327- 256 -LRB103 34892 RLC 64759 b


1   (D) the person possessing the weapon was 
2 previously adjudicated a delinquent minor under the 
3 Juvenile Court Act of 1987 for an act that if committed 
4 by an adult would be a felony; or
5   (E) the person possessing the weapon was engaged 
6 in a misdemeanor violation of the Cannabis Control 
7 Act, in a misdemeanor violation of the Illinois 
8 Controlled Substances Act, or in a misdemeanor 
9 violation of the Methamphetamine Control and Community 
10 Protection Act; or
11   (F) (blank); or
12   (G) the person possessing the weapon had an order 
13 of protection issued against him or her within the 
14 previous 2 years; or
15   (H) the person possessing the weapon was engaged 
16 in the commission or attempted commission of a 
17 misdemeanor involving the use or threat of violence 
18 against the person or property of another; or
19   (I) the person possessing the weapon was under 21 
20 years of age and in possession of a handgun, unless the 
21 person under 21 is engaged in lawful activities under 
22 the Wildlife Code or described in subsection 
23 24-2(b)(1), (b)(3), or 24-2(f).
24 (a-5) "Handgun" as used in this Section has the meaning 
25given to it in Section 5 of the Firearm Concealed Carry Act. 
26 (b) "Stun gun or taser" as used in this Section has the 
 
 
HB4327- 257 -LRB103 34892 RLC 64759 b


1same definition given to it in Section 24-1 of this Code.
2 (c) This Section does not apply to or affect the 
3transportation or possession of weapons that:
4  (i) are broken down in a non-functioning state; or
5  (ii) are not immediately accessible; or
6  (iii) are unloaded and enclosed in a case, firearm 
7 carrying box, shipping box, or other container by a person 
8 is eligible under State and federal law to possess a 
9 firearm who has been issued a currently valid Firearm 
10 Owner's Identification Card.
11 (d) Sentence.
12  (1) Aggravated unlawful use of a weapon is a Class 4 
13 felony; a second or subsequent offense is a Class 2 felony 
14 for which the person shall be sentenced to a term of 
15 imprisonment of not less than 3 years and not more than 7 
16 years, except as provided for in Section 5-4.5-110 of the 
17 Unified Code of Corrections. 
18  (2) (Blank). Except as otherwise provided in 
19 paragraphs (3) and (4) of this subsection (d), a first 
20 offense of aggravated unlawful use of a weapon committed 
21 with a firearm by a person 18 years of age or older where 
22 the factors listed in both items (A) and (C) or both items 
23 (A-5) and (C) of paragraph (3) of subsection (a) are 
24 present is a Class 4 felony, for which the person shall be 
25 sentenced to a term of imprisonment of not less than one 
26 year and not more than 3 years.
 
 
HB4327- 258 -LRB103 34892 RLC 64759 b


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

18 (720 ILCS 5/24-1.8)
19 Sec. 24-1.8. Unlawful possession of a firearm by a street 
20gang member.
21 (a) A person commits unlawful possession of a firearm by a 
22street gang member when he or she knowingly:
23  (1) possesses, carries, or conceals on or about his or 
24 her person a firearm and firearm ammunition while on any 
25 street, road, alley, gangway, sidewalk, or any other 
 
 
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1 lands, except when inside his or her own abode or inside 
2 his or her fixed place of business, and has not been issued 
3 a currently valid Firearm Owner's Identification Card and 
4 is a member of a street gang; or
5  (2) possesses or carries in any vehicle a firearm and 
6 firearm ammunition which are both immediately accessible 
7 at the time of the offense while on any street, road, 
8 alley, or any other lands, except when inside his or her 
9 own abode or garage, and has not been issued a currently 
10 valid Firearm Owner's Identification Card and is a member 
11 of a street gang.
12 (b) Unlawful possession of a firearm by a street gang 
13member is a Class 2 felony for which the person, if sentenced 
14to a term of imprisonment, shall be sentenced to no less than 3 
15years and no more than 10 years. A period of probation, a term 
16of periodic imprisonment or conditional discharge shall not be 
17imposed for the offense of unlawful possession of a firearm by 
18a street gang member when the firearm was loaded or contained 
19firearm ammunition and the court shall sentence the offender 
20to not less than the minimum term of imprisonment authorized 
21for the Class 2 felony.
22 (c) For purposes of this Section:
23  "Street gang" or "gang" has the meaning ascribed to it 
24 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
25 Prevention Act.
26  "Street gang member" or "gang member" has the meaning 
 
 
HB4327- 260 -LRB103 34892 RLC 64759 b


1 ascribed to it in Section 10 of the Illinois Streetgang 
2 Terrorism Omnibus Prevention Act.
3(Source: P.A. 96-829, eff. 12-3-09.)

4 (720 ILCS 5/24-1.9)
5 Sec. 24-1.9. Manufacture, possession, delivery, sale, and 
6purchase of assault weapons, .50 caliber rifles, and .50 
7caliber cartridges.
8 (a) Definitions. In this Section:
9 (1) "Assault weapon" means any of the following, except as 
10provided in subdivision (2) of this subsection: 
11  (A) A semiautomatic rifle that has the capacity to 
12 accept a detachable magazine or that may be readily 
13 modified to accept a detachable magazine, if the firearm 
14 has one or more of the following:
15   (i) a pistol grip or thumbhole stock;
16   (ii) any feature capable of functioning as a 
17 protruding grip that can be held by the non-trigger 
18 hand;
19   (iii) a folding, telescoping, thumbhole, or 
20 detachable stock, or a stock that is otherwise 
21 foldable or adjustable in a manner that operates to 
22 reduce the length, size, or any other dimension, or 
23 otherwise enhances the concealability of, the weapon; 
24   (iv) a flash suppressor;
25   (v) a grenade launcher;
 
 
HB4327- 261 -LRB103 34892 RLC 64759 b


1   (vi) a shroud attached to the barrel or that 
2 partially or completely encircles the barrel, allowing 
3 the bearer to hold the firearm with the non-trigger 
4 hand without being burned, but excluding a slide that 
5 encloses the barrel. 
6  (B) A semiautomatic rifle that has a fixed magazine 
7 with the capacity to accept more than 10 rounds, except 
8 for an attached tubular device designed to accept, and 
9 capable of operating only with, .22 caliber rimfire 
10 ammunition.
11  (C) A semiautomatic pistol that has the capacity to 
12 accept a detachable magazine or that may be readily 
13 modified to accept a detachable magazine, if the firearm 
14 has one or more of the following:
15   (i) a threaded barrel;
16   (ii) a second pistol grip or another feature 
17 capable of functioning as a protruding grip that can 
18 be held by the non-trigger hand;
19   (iii) a shroud attached to the barrel or that 
20 partially or completely encircles the barrel, allowing 
21 the bearer to hold the firearm with the non-trigger 
22 hand without being burned, but excluding a slide that 
23 encloses the barrel;
24   (iv) a flash suppressor; 
25   (v) the capacity to accept a detachable magazine 
26 at some location outside of the pistol grip; or
 
 
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1   (vi) a buffer tube, arm brace, or other part that 
2 protrudes horizontally behind the pistol grip and is 
3 designed or redesigned to allow or facilitate a 
4 firearm to be fired from the shoulder. 
5  (D) A semiautomatic pistol that has a fixed magazine 
6 with the capacity to accept more than 15 rounds.
7  (E) Any shotgun with a revolving cylinder. 
8  (F) A semiautomatic shotgun that has one or more of 
9 the following:
10   (i) a pistol grip or thumbhole stock;
11   (ii) any feature capable of functioning as a 
12 protruding grip that can be held by the non-trigger 
13 hand;
14   (iii) a folding or thumbhole stock; 
15   (iv) a grenade launcher;
16   (v) a fixed magazine with the capacity of more 
17 than 5 rounds; or 
18   (vi) the capacity to accept a detachable magazine. 
19  (G) Any semiautomatic firearm that has the capacity to 
20 accept a belt ammunition feeding device.
21  (H) Any firearm that has been modified to be operable 
22 as an assault weapon as defined in this Section. 
23  (I) Any part or combination of parts designed or 
24 intended to convert a firearm into an assault weapon, 
25 including any combination of parts from which an assault 
26 weapon may be readily assembled if those parts are in the 
 
 
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1 possession or under the control of the same person. 
2  (J) All of the following rifles, copies, duplicates, 
3 variants, or altered facsimiles with the capability of any 
4 such weapon: 
5   (i) All AK types, including the following:
6    (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM, 
7 MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms 
8 AK-47, VEPR, WASR-10, and WUM. 
9    (II) IZHMASH Saiga AK. 
10    (III) MAADI AK47 and ARM. 
11    (IV) Norinco 56S, 56S2, 84S, and 86S. 
12    (V) Poly Technologies AK47 and AKS. 
13    (VI) SKS with a detachable magazine. 
14   (ii) all AR types, including the following:
15    (I) AR-10. 
16    (II) AR-15. 
17    (III) Alexander Arms Overmatch Plus 16. 
18    (IV) Armalite M15 22LR Carbine. 
19    (V) Armalite M15-T. 
20    (VI) Barrett REC7. 
21    (VII) Beretta AR-70. 
22    (VIII) Black Rain Ordnance Recon Scout. 
23    (IX) Bushmaster ACR. 
24    (X) Bushmaster Carbon 15. 
25    (XI) Bushmaster MOE series. 
26    (XII) Bushmaster XM15. 
 
 
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1    (XIII) Chiappa Firearms MFour rifles. 
2    (XIV) Colt Match Target rifles. 
3    (XV) CORE Rifle Systems CORE15 rifles. 
4    (XVI) Daniel Defense M4A1 rifles. 
5    (XVII) Devil Dog Arms 15 Series rifles. 
6    (XVIII) Diamondback DB15 rifles. 
7    (XIX) DoubleStar AR rifles. 
8    (XX) DPMS Tactical rifles. 
9    (XXI) DSA Inc. ZM-4 Carbine. 
10    (XXII) Heckler & Koch MR556. 
11    (XXIII) High Standard HSA-15 rifles. 
12    (XXIV) Jesse James Nomad AR-15 rifle. 
13    (XXV) Knight's Armament SR-15. 
14    (XXVI) Lancer L15 rifles. 
15    (XXVII) MGI Hydra Series rifles. 
16    (XXVIII) Mossberg MMR Tactical rifles. 
17    (XXIX) Noreen Firearms BN 36 rifle. 
18    (XXX) Olympic Arms. 
19    (XXXI) POF USA P415. 
20    (XXXII) Precision Firearms AR rifles. 
21    (XXXIII) Remington R-15 rifles. 
22    (XXXIV) Rhino Arms AR rifles. 
23    (XXXV) Rock River Arms LAR-15 or Rock River 
24 Arms LAR-47. 
25    (XXXVI) Sig Sauer SIG516 rifles and MCX 
26 rifles. 
 
 
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1    (XXXVII) Smith & Wesson M&P15 rifles. 
2    (XXXVIII) Stag Arms AR rifles. 
3    (XXXIX) Sturm, Ruger & Co. SR556 and AR-556 
4 rifles. 
5    (XL) Uselton Arms Air-Lite M-4 rifles. 
6    (XLI) Windham Weaponry AR rifles. 
7    (XLII) WMD Guns Big Beast. 
8    (XLIII) Yankee Hill Machine Company, Inc. 
9 YHM-15 rifles. 
10   (iii) Barrett M107A1.
11   (iv) Barrett M82A1.
12   (v) Beretta CX4 Storm.
13   (vi) Calico Liberty Series.
14   (vii) CETME Sporter. 
15   (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and 
16 AR 110C. 
17   (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 
18 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. 
19   (x) Feather Industries AT-9. 
20   (xi) Galil Model AR and Model ARM. 
21   (xii) Hi-Point Carbine. 
22   (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC. 
23   (xiv) IWI TAVOR, Galil ACE rifle. 
24   (xv) Kel-Tec Sub-2000, SU-16, and RFB. 
25   (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig 
26 Sauer SG 551, and SIG MCX.
 
 
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1   (xvii) Springfield Armory SAR-48. 
2   (xviii) Steyr AUG. 
3   (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle 
4 M-14/20CF. 
5   (xx) All Thompson rifles, including the following: 
6    (I) Thompson M1SB. 
7    (II) Thompson T1100D. 
8    (III) Thompson T150D. 
9    (IV) Thompson T1B. 
10    (V) Thompson T1B100D. 
11    (VI) Thompson T1B50D. 
12    (VII) Thompson T1BSB. 
13    (VIII) Thompson T1-C. 
14    (IX) Thompson T1D. 
15    (X) Thompson T1SB. 
16    (XI) Thompson T5. 
17    (XII) Thompson T5100D. 
18    (XIII) Thompson TM1. 
19    (XIV) Thompson TM1C. 
20   (xxi) UMAREX UZI rifle. 
21   (xxii) UZI Mini Carbine, UZI Model A Carbine, and 
22 UZI Model B Carbine. 
23   (xxiii) Valmet M62S, M71S, and M78. 
24   (xxiv) Vector Arms UZI Type. 
25   (xxv) Weaver Arms Nighthawk. 
26   (xxvi) Wilkinson Arms Linda Carbine. 
 
 
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1  (K) All of the following pistols, copies, duplicates, 
2 variants, or altered facsimiles with the capability of any 
3 such weapon thereof: 
4   (i) All AK types, including the following: 
5    (I) Centurion 39 AK pistol. 
6    (II) CZ Scorpion pistol. 
7    (III) Draco AK-47 pistol. 
8    (IV) HCR AK-47 pistol. 
9    (V) IO Inc. Hellpup AK-47 pistol. 
10    (VI) Krinkov pistol. 
11    (VII) Mini Draco AK-47 pistol. 
12    (VIII) PAP M92 pistol. 
13    (IX) Yugo Krebs Krink pistol. 
14   (ii) All AR types, including the following: 
15    (I) American Spirit AR-15 pistol. 
16    (II) Bushmaster Carbon 15 pistol. 
17    (III) Chiappa Firearms M4 Pistol GEN II. 
18    (IV) CORE Rifle Systems CORE15 Roscoe pistol. 
19    (V) Daniel Defense MK18 pistol. 
20    (VI) DoubleStar Corporation AR pistol. 
21    (VII) DPMS AR-15 pistol. 
22    (VIII) Jesse James Nomad AR-15 pistol. 
23    (IX) Olympic Arms AR-15 pistol. 
24    (X) Osprey Armament MK-18 pistol. 
25    (XI) POF USA AR pistols. 
26    (XII) Rock River Arms LAR 15 pistol. 
 
 
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1    (XIII) Uselton Arms Air-Lite M-4 pistol. 
2   (iii) Calico pistols. 
3   (iv) DSA SA58 PKP FAL pistol. 
4   (v) Encom MP-9 and MP-45. 
5   (vi) Heckler & Koch model SP-89 pistol. 
6   (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and 
7 TEC-DC9. 
8   (viii) IWI Galil Ace pistol, UZI PRO pistol. 
9   (ix) Kel-Tec PLR 16 pistol. 
10   (x) All MAC types, including the following: 
11    (I) MAC-10. 
12    (II) MAC-11. 
13    (III) Masterpiece Arms MPA A930 Mini Pistol, 
14 MPA460 Pistol, MPA Tactical Pistol, and MPA Mini 
15 Tactical Pistol. 
16    (IV) Military Armament Corp. Ingram M-11. 
17    (V) Velocity Arms VMAC. 
18   (xi) Sig Sauer P556 pistol. 
19   (xii) Sites Spectre. 
20   (xiii) All Thompson types, including the 
21 following: 
22    (I) Thompson TA510D. 
23    (II) Thompson TA5. 
24   (xiv) All UZI types, including Micro-UZI. 
25  (L) All of the following shotguns, copies, duplicates, 
26 variants, or altered facsimiles with the capability of any 
 
 
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1 such weapon thereof: 
2   (i) DERYA Anakon MC-1980, Anakon SD12. 
3   (ii) Doruk Lethal shotguns. 
4   (iii) Franchi LAW-12 and SPAS 12. 
5   (iv) All IZHMASH Saiga 12 types, including the 
6 following: 
7    (I) IZHMASH Saiga 12. 
8    (II) IZHMASH Saiga 12S. 
9    (III) IZHMASH Saiga 12S EXP-01. 
10    (IV) IZHMASH Saiga 12K. 
11    (V) IZHMASH Saiga 12K-030. 
12    (VI) IZHMASH Saiga 12K-040 Taktika. 
13   (v) Streetsweeper. 
14   (vi) Striker 12. 
15 (2) "Assault weapon" does not include: 
16  (A) Any firearm that is an unserviceable firearm or 
17 has been made permanently inoperable.
18  (B) An antique firearm or a replica of an antique 
19 firearm.
20  (C) A firearm that is manually operated by bolt, pump, 
21 lever or slide action, unless the firearm is a shotgun 
22 with a revolving cylinder.
23  (D) Any air rifle as defined in Section 24.8-0.1 of 
24 this Code.
25  (E) Any handgun, as defined under the Firearm 
26 Concealed Carry Act, unless otherwise listed in this 
 
 
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1 Section. 
2 (3) "Assault weapon attachment" means any device capable 
3of being attached to a firearm that is specifically designed 
4for making or converting a firearm into any of the firearms 
5listed in paragraph (1) of this subsection (a).
6 (4) "Antique firearm" has the meaning ascribed to it in 18 
7U.S.C. 921(a)(16).
8 (5) ".50 caliber rifle" means a centerfire rifle capable 
9of firing a .50 caliber cartridge. The term does not include 
10any antique firearm, any shotgun including a shotgun that has 
11a rifle barrel, or any muzzle-loader which uses black powder 
12for hunting or historical reenactments.
13 (6) ".50 caliber cartridge" means a cartridge in .50 BMG 
14caliber, either by designation or actual measurement, that is 
15capable of being fired from a centerfire rifle. The term ".50 
16caliber cartridge" does not include any memorabilia or display 
17item that is filled with a permanent inert substance or that is 
18otherwise permanently altered in a manner that prevents ready 
19modification for use as live ammunition or shotgun ammunition 
20with a caliber measurement that is equal to or greater than .50 
21caliber.
22 (7) "Detachable magazine" means an ammunition feeding 
23device that may be removed from a firearm without disassembly 
24of the firearm action, including an ammunition feeding device 
25that may be readily removed from a firearm with the use of a 
26bullet, cartridge, accessory, or other tool, or any other 
 
 
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1object that functions as a tool, including a bullet or 
2cartridge.
3 (8) "Fixed magazine" means an ammunition feeding device 
4that is permanently attached to a firearm, or contained in and 
5not removable from a firearm, or that is otherwise not a 
6detachable magazine, but does not include an attached tubular 
7device designed to accept, and capable of operating only with, 
8.22 caliber rimfire ammunition. 
9 (b) Except as provided in subsections (c), (d), and (e), 
10on or after January 10, 2023 (the effective date of Public Act 
11102-1116) this amendatory Act of the 102nd General Assembly, 
12it is unlawful for any person within this State to knowingly 
13manufacture, deliver, sell, import, or purchase or cause to be 
14manufactured, delivered, sold, imported, or purchased by 
15another, an assault weapon, assault weapon attachment, .50 
16caliber rifle, or .50 caliber cartridge.
17 (c) Except as otherwise provided in subsection (d), 
18beginning January 1, 2024, it is unlawful for any person 
19within this State to knowingly possess an assault weapon, 
20assault weapon attachment, .50 caliber rifle, or .50 caliber 
21cartridge. 
22 (d) This Section does not apply to a person's possession 
23of an assault weapon, assault weapon attachment, .50 caliber 
24rifle, or .50 caliber cartridge device if the person lawfully 
25possessed that assault weapon, assault weapon attachment, .50 
26caliber rifle, or .50 caliber cartridge prohibited by 
 
 
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1subsection (c) of this Section, if the person has provided in 
2an endorsement affidavit, prior to January 1, 2024, under oath 
3or affirmation and in the form and manner prescribed by the 
4Illinois State Police, no later than October 1, 2023:
5  (1) the affiant's Firearm Owner's Identification Card 
6 number;
7  (2) an affirmation that the affiant: (i) possessed an 
8 assault weapon, assault weapon attachment, .50 caliber 
9 rifle, or .50 caliber cartridge before January 10, 2023 
10 (the effective date of Public Act 102-1116) this 
11 amendatory Act of the 102nd General Assembly; or (ii) 
12 inherited the assault weapon, assault weapon attachment, 
13 .50 caliber rifle, or .50 caliber cartridge from a person 
14 with an endorsement under this Section or from a person 
15 authorized under subdivisions (1) through (5) of 
16 subsection (e) to possess the assault weapon, assault 
17 weapon attachment, .50 caliber rifle, or .50 caliber 
18 cartridge; and
19  (3) the make, model, caliber, and serial number of the 
20 .50 caliber rifle or assault weapon or assault weapons 
21 listed in paragraphs (J), (K), and (L) of subdivision (1) 
22 of subsection (a) of this Section possessed by the affiant 
23 prior to January 10, 2023 (the effective date of Public 
24 Act 102-1116) this amendatory Act of the 102nd General 
25 Assembly and any assault weapons identified and published 
26 by the Illinois State Police pursuant to this subdivision 
 
 
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1 (3). No later than October 1, 2023, and every October 1 
2 thereafter, the Illinois State Police shall, via 
3 rulemaking, identify, publish, and make available on its 
4 website, the list of assault weapons subject to an 
5 endorsement affidavit under this subsection (d). The list 
6 shall identify, but is not limited to, the copies, 
7 duplicates, variants, and altered facsimiles of the 
8 assault weapons identified in paragraphs (J), (K), and (L) 
9 of subdivision (1) of subsection (a) of this Section and 
10 shall be consistent with the definition of "assault 
11 weapon" identified in this Section. The Illinois State 
12 Police may adopt emergency rulemaking in accordance with 
13 Section 5-45 of the Illinois Administrative Procedure Act. 
14 The adoption of emergency rules authorized by Section 5-45 
15 of the Illinois Administrative Procedure Act and this 
16 paragraph is deemed to be necessary for the public 
17 interest, safety, and welfare.
18 The affidavit form shall include the following statement 
19printed in bold type: "Warning: Entering false information on 
20this form is punishable as perjury under Section 32-2 of the 
21Criminal Code of 2012. Entering false information on this form 
22is a violation of the Firearm Owners Identification Card Act."
23 In any administrative, civil, or criminal proceeding in 
24this State, a completed endorsement affidavit submitted to the 
25Illinois State Police by a person under this Section creates a 
26rebuttable presumption that the person is entitled to possess 
 
 
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1and transport the assault weapon, assault weapon attachment, 
2.50 caliber rifle, or .50 caliber cartridge. 
3 Beginning 90 days after January 10, 2023 (the effective 
4date of Public Act 102-1116) this amendatory Act of the 102nd 
5General Assembly, a person authorized under this Section to 
6possess an assault weapon, assault weapon attachment, .50 
7caliber rifle, or .50 caliber cartridge shall possess such 
8items only: 
9  (1) on private property owned or immediately 
10 controlled by the person;
11  (2) on private property that is not open to the public 
12 with the express permission of the person who owns or 
13 immediately controls such property;
14  (3) while on the premises of a licensed firearms 
15 dealer or gunsmith for the purpose of lawful repair;
16  (4) while engaged in the legal use of the assault 
17 weapon, assault weapon attachment, .50 caliber rifle, or 
18 .50 caliber cartridge at a properly licensed firing range 
19 or sport shooting competition venue; or
20  (5) while traveling to or from these locations, 
21 provided that the assault weapon, assault weapon 
22 attachment, or .50 caliber rifle is unloaded and the 
23 assault weapon, assault weapon attachment, .50 caliber 
24 rifle, or .50 caliber cartridge is enclosed in a case, 
25 firearm carrying box, shipping box, or other container. 
26 Beginning on January 1, 2024, the person with the 
 
 
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1endorsement for an assault weapon, assault weapon attachment, 
2.50 caliber rifle, or .50 caliber cartridge or a person 
3authorized under subdivisions (1) through (5) of subsection 
4(e) to possess an assault weapon, assault weapon attachment, 
5.50 caliber rifle, or .50 caliber cartridge may transfer the 
6assault weapon, assault weapon attachment, .50 caliber rifle, 
7or .50 caliber cartridge only to an heir, an individual 
8residing in another state maintaining it in another state, or 
9a dealer licensed as a federal firearms dealer under Section 
10923 of the federal Gun Control Act of 1968. Within 10 days 
11after transfer of the weapon except to an heir, the person 
12shall notify the Illinois State Police of the name and address 
13of the transferee and comply with the requirements of 
14subsection (b) of Section 3 of the Firearm Owners 
15Identification Card Act. The person to whom the weapon or 
16ammunition is transferred shall, within 60 days of the 
17transfer, complete an affidavit required under this Section. A 
18person to whom the weapon is transferred may transfer it only 
19as provided in this subsection.
20 Except as provided in subsection (e) and beginning on 
21January 1, 2024, any person who moves into this State in 
22possession of an assault weapon, assault weapon attachment, 
23.50 caliber rifle, or .50 caliber cartridge shall, within 60 
24days, apply for a Firearm Owners Identification Card and 
25complete an endorsement application as outlined in subsection 
26(d).
 
 
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1 Notwithstanding any other law, information contained in 
2the endorsement affidavit shall be confidential, is exempt 
3from disclosure under the Freedom of Information Act, and 
4shall not be disclosed, except to law enforcement agencies 
5acting in the performance of their duties. 
6 (e) The provisions of this Section regarding the purchase 
7or possession of assault weapons, assault weapon attachments, 
8.50 caliber rifles, and .50 cartridges, as well as the 
9provisions of this Section that prohibit causing those items 
10to be purchased or possessed, do not apply to:
11  (1) Peace officers, as defined in Section 2-13 of this 
12 Code.
13  (2) Qualified law enforcement officers and qualified 
14 retired law enforcement officers as defined in the Law 
15 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B 
16 and 926C) and as recognized under Illinois law. 
17  (3) Acquisition and possession by a federal, State, or 
18 local law enforcement agency for the purpose of equipping 
19 the agency's peace officers as defined in paragraph (1) or 
20 (2) of this subsection (e). 
21  (4) Wardens, superintendents, and keepers of prisons, 
22 penitentiaries, jails, and other institutions for the 
23 detention of persons accused or convicted of an offense.
24  (5) Members of the Armed Services or Reserve Forces of 
25 the United States or the Illinois National Guard, while 
26 performing their official duties or while traveling to or 
 
 
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1 from their places of duty.
2  (6) Any company that employs armed security officers 
3 in this State at a nuclear energy, storage, weapons, or 
4 development site or facility regulated by the federal 
5 Nuclear Regulatory Commission and any person employed as 
6 an armed security force member at a nuclear energy, 
7 storage, weapons, or development site or facility 
8 regulated by the federal Nuclear Regulatory Commission who 
9 has completed the background screening and training 
10 mandated by the rules and regulations of the federal 
11 Nuclear Regulatory Commission and while performing 
12 official duties. 
13  (7) Any private security contractor agency licensed 
14 under the Private Detective, Private Alarm, Private 
15 Security, Fingerprint Vendor, and Locksmith Act of 2004 
16 that employs private security contractors and any private 
17 security contractor who is licensed and has been issued a 
18 firearm control card under the Private Detective, Private 
19 Alarm, Private Security, Fingerprint Vendor, and Locksmith 
20 Act of 2004 while performing official duties. 
21 The provisions of this Section do not apply to the 
22manufacture, delivery, sale, import, purchase, or possession 
23of an assault weapon, assault weapon attachment, .50 caliber 
24rifle, or .50 caliber cartridge or causing the manufacture, 
25delivery, sale, importation, purchase, or possession of those 
26items:
 
 
HB4327- 278 -LRB103 34892 RLC 64759 b


1  (A) for sale or transfer to persons authorized under 
2 subdivisions (1) through (7) of this subsection (e) to 
3 possess those items;
4  (B) for sale or transfer to the United States or any 
5 department or agency thereof; or
6  (C) for sale or transfer in another state or for 
7 export.
8 This Section does not apply to or affect any of the 
9following: 
10  (i) Possession of any firearm if that firearm is 
11 sanctioned by the International Olympic Committee and by 
12 USA Shooting, the national governing body for 
13 international shooting competition in the United States, 
14 but only when the firearm is in the actual possession of an 
15 Olympic target shooting competitor or target shooting 
16 coach for the purpose of storage, transporting to and from 
17 Olympic target shooting practice or events if the firearm 
18 is broken down in a nonfunctioning state, is not 
19 immediately accessible, or is unloaded and enclosed in a 
20 firearm case, carrying box, shipping box, or other similar 
21 portable container designed for the safe transportation of 
22 firearms, and when the Olympic target shooting competitor 
23 or target shooting coach is engaging in those practices or 
24 events. For the purposes of this paragraph (8), "firearm" 
25 has the meaning provided in Section 2-7.5 1.1 of the 
26 Firearm Owners Identification Card Act.
 
 
HB4327- 279 -LRB103 34892 RLC 64759 b


1  (ii) Any nonresident who transports, within 24 hours, 
2 a weapon for any lawful purpose from any place where the 
3 nonresident may lawfully possess and carry that weapon to 
4 any other place where the nonresident may lawfully possess 
5 and carry that weapon if, during the transportation, the 
6 weapon is unloaded, and neither the weapon nor any 
7 ammunition being transported is readily accessible or is 
8 directly accessible from the passenger compartment of the 
9 transporting vehicle. In the case of a vehicle without a 
10 compartment separate from the driver's compartment, the 
11 weapon or ammunition shall be contained in a locked 
12 container other than the glove compartment or console. 
13  (iii) Possession of a weapon at an event taking place 
14 at the World Shooting and Recreational Complex at Sparta, 
15 only while engaged in the legal use of the weapon, or while 
16 traveling to or from that location if the weapon is broken 
17 down in a nonfunctioning state, is not immediately 
18 accessible, or is unloaded and enclosed in a firearm case, 
19 carrying box, shipping box, or other similar portable 
20 container designed for the safe transportation of 
21 firearms. 
22  (iv) Possession of a weapon only for hunting use 
23 expressly permitted under the Wildlife Code, or while 
24 traveling to or from a location authorized for this 
25 hunting use under the Wildlife Code if the weapon is 
26 broken down in a nonfunctioning state, is not immediately 
 
 
HB4327- 280 -LRB103 34892 RLC 64759 b


1 accessible, or is unloaded and enclosed in a firearm case, 
2 carrying box, shipping box, or other similar portable 
3 container designed for the safe transportation of 
4 firearms. By October 1, 2023, the Illinois State Police, 
5 in consultation with the Department of Natural Resources, 
6 shall adopt rules concerning the list of applicable 
7 weapons approved under this subparagraph (iv). The 
8 Illinois State Police may adopt emergency rules in 
9 accordance with Section 5-45 of the Illinois 
10 Administrative Procedure Act. The adoption of emergency 
11 rules authorized by Section 5-45 of the Illinois 
12 Administrative Procedure Act and this paragraph is deemed 
13 to be necessary for the public interest, safety, and 
14 welfare. 
15  (v) The manufacture, transportation, possession, sale, 
16 or rental of blank-firing assault weapons and .50 caliber 
17 rifles, or the weapon's respective attachments, to persons 
18 authorized or permitted, or both authorized and permitted, 
19 to acquire and possess these weapons or attachments for 
20 the purpose of rental for use solely as props for a motion 
21 picture, television, or video production or entertainment 
22 event. 
23 Any person not subject to this Section may submit an 
24endorsement affidavit if the person chooses. 
25 (f) Any sale or transfer with a background check initiated 
26to the Illinois State Police on or before January 10, 2023 (the 
 
 
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1effective date of Public Act 102-1116) this amendatory Act of 
2the 102nd General Assembly is allowed to be completed after 
3January 10, 2023 the effective date of this amendatory Act 
4once an approval is issued by the Illinois State Police and any 
5applicable waiting period under Section 24-3 has expired.
6 (g) The Illinois State Police shall take all steps 
7necessary to carry out the requirements of this Section within 
8by October 1, 2023. 
9 (h) The Illinois Department of the State Police shall also 
10develop and implement a public notice and public outreach 
11campaign to promote awareness about the provisions of Public 
12Act 102-1116 this amendatory Act of the 102nd General Assembly 
13and to increase compliance with this Section. 
14(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)

15 (720 ILCS 5/24-1.10)
16 Sec. 24-1.10. Manufacture, delivery, sale, and possession 
17of large capacity ammunition feeding devices.
18 (a) In this Section:
19 "Handgun" has the meaning ascribed to it in the Firearm 
20Concealed Carry Act.
21 "Long gun" means a rifle or shotgun. 
22 "Large capacity ammunition feeding device" means:
23  (1) a magazine, belt, drum, feed strip, or similar 
24 device that has a capacity of, or that can be readily 
25 restored or converted to accept, more than 10 rounds of 
 
 
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1 ammunition for long guns and more than 15 rounds of 
2 ammunition for handguns; or
3  (2) any combination of parts from which a device 
4 described in paragraph (1) can be assembled.
5 "Large capacity ammunition feeding device" does not 
6include an attached tubular device designed to accept, and 
7capable of operating only with, .22 caliber rimfire 
8ammunition. "Large capacity ammunition feeding device" does 
9not include a tubular magazine that is contained in a 
10lever-action firearm or any device that has been made 
11permanently inoperable.
12 (b) Except as provided in subsections (e) and (f), it is 
13unlawful for any person within this State to knowingly 
14manufacture, deliver, sell, purchase, or cause to be 
15manufactured, delivered, sold, or purchased a large capacity 
16ammunition feeding device.
17 (c) Except as provided in subsections (d), (e), and (f), 
18and beginning 90 days after January 10, 2023 (the effective 
19date of Public Act 102-1116) this amendatory Act of the 102nd 
20General Assembly, it is unlawful to knowingly possess a large 
21capacity ammunition feeding device. 
22 (d) Subsection (c) does not apply to a person's possession 
23of a large capacity ammunition feeding device if the person 
24lawfully possessed that large capacity ammunition feeding 
25device before January 10, 2023 (the effective date of Public 
26Act 102-1116) this amendatory Act of the 102nd General 
 
 
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1Assembly, provided that the person shall possess such device 
2only: 
3  (1) on private property owned or immediately 
4 controlled by the person;
5  (2) on private property that is not open to the public 
6 with the express permission of the person who owns or 
7 immediately controls such property;
8  (3) while on the premises of a licensed firearms 
9 dealer or gunsmith for the purpose of lawful repair;
10  (4) while engaged in the legal use of the large 
11 capacity ammunition feeding device at a properly licensed 
12 firing range or sport shooting competition venue; or
13  (5) while traveling to or from these locations, 
14 provided that the large capacity ammunition feeding device 
15 is stored unloaded and enclosed in a case, firearm 
16 carrying box, shipping box, or other container. 
17 A person authorized under this Section to possess a large 
18capacity ammunition feeding device may transfer the large 
19capacity ammunition feeding device only to an heir, an 
20individual residing in another state maintaining it in another 
21state, or a dealer licensed as a federal firearms dealer under 
22Section 923 of the federal Gun Control Act of 1968. Within 10 
23days after transfer of the large capacity ammunition feeding 
24device except to an heir, the person shall notify the Illinois 
25State Police of the name and address of the transferee and 
26comply with the requirements of subsection (b) of Section 3 of 
 
 
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1the Firearm Owners Identification Card Act. The person to whom 
2the large capacity ammunition feeding device is transferred 
3shall, within 60 days of the transfer, notify the Illinois 
4State Police of the person's acquisition and comply with the 
5requirements of subsection (b) of Section 3 of the Firearm 
6Owners Identification Card Act. A person to whom the large 
7capacity ammunition feeding device is transferred may transfer 
8it only as provided in this subsection.
9 Except as provided in subsections (e) and (f) and 
10beginning 90 days after the effective date of this amendatory 
11Act of the 102nd General Assembly, any person who moves into 
12this State in possession of a large capacity ammunition 
13feeding device shall, within 60 days, apply for a Firearm 
14Owners Identification Card.
15 (e) The provisions of this Section regarding the purchase 
16or possession of large capacity ammunition feeding devices, as 
17well as the provisions of this Section that prohibit causing 
18those items to be purchased or possessed, do not apply to:
19  (1) Peace officers as defined in Section 2-13 of this 
20 Code.
21  (2) Qualified law enforcement officers and qualified 
22 retired law enforcement officers as defined in the Law 
23 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B 
24 and 926C) and as recognized under Illinois law. 
25  (3) A federal, State, or local law enforcement agency 
26 for the purpose of equipping the agency's peace officers 
 
 
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1 as defined in paragraph (1) or (2) of this subsection (e). 
2  (4) Wardens, superintendents, and keepers of prisons, 
3 penitentiaries, jails, and other institutions for the 
4 detention of persons accused or convicted of an offense.
5  (5) Members of the Armed Services or Reserve Forces of 
6 the United States or the Illinois National Guard, while 
7 performing their official duties or while traveling to or 
8 from their places of duty.
9  (6) Any company that employs armed security officers 
10 in this State at a nuclear energy, storage, weapons, or 
11 development site or facility regulated by the federal 
12 Nuclear Regulatory Commission and any person employed as 
13 an armed security force member at a nuclear energy, 
14 storage, weapons, or development site or facility 
15 regulated by the federal Nuclear Regulatory Commission who 
16 has completed the background screening and training 
17 mandated by the rules and regulations of the federal 
18 Nuclear Regulatory Commission and while performing 
19 official duties. 
20  (7) Any private security contractor agency licensed 
21 under the Private Detective, Private Alarm, Private 
22 Security, Fingerprint Vendor, and Locksmith Act of 2004 
23 that employs private security contractors and any private 
24 security contractor who is licensed and has been issued a 
25 firearm control card under the Private Detective, Private 
26 Alarm, Private Security, Fingerprint Vendor, and Locksmith 
 
 
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1 Act of 2004 while performing official duties. 
2 (f) This Section does not apply to or affect any of the 
3following: 
4  (1) Manufacture, delivery, sale, importation, 
5 purchase, or possession or causing to be manufactured, 
6 delivered, sold, imported, purchased, or possessed a large 
7 capacity ammunition feeding device:
8   (A) for sale or transfer to persons authorized 
9 under subdivisions (1) through (7) of subsection (e) 
10 to possess those items;
11   (B) for sale or transfer to the United States or 
12 any department or agency thereof; or
13   (C) for sale or transfer in another state or for 
14 export.
15  (2) Sale or rental of large capacity ammunition 
16 feeding devices for blank-firing assault weapons and .50 
17 caliber rifles, to persons authorized or permitted, or 
18 both authorized and permitted, to acquire these devices 
19 for the purpose of rental for use solely as props for a 
20 motion picture, television, or video production or 
21 entertainment event. 
22 (g) Sentence. A person who knowingly manufactures, 
23delivers, sells, purchases, possesses, or causes to be 
24manufactured, delivered, sold, possessed, or purchased in 
25violation of this Section a large capacity ammunition feeding 
26device capable of holding more than 10 rounds of ammunition 
 
 
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1for long guns or more than 15 rounds of ammunition for handguns 
2commits a petty offense with a fine of $1,000 for each 
3violation.
4 (h) The Illinois Department of the State Police shall also 
5develop and implement a public notice and public outreach 
6campaign to promote awareness about the provisions of Public 
7Act 102-1116 this amendatory Act of the 102nd General Assembly 
8and to increase compliance with this Section. 
9(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)

10 (720 ILCS 5/24-2)
11 Sec. 24-2. Exemptions. 
12 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
1324-1(a)(13) and Section 24-1.6 do not apply to or affect any of 
14the following:
15  (1) Peace officers, and any person summoned by a peace 
16 officer to assist in making arrests or preserving the 
17 peace, while actually engaged in assisting such officer.
18  (2) Wardens, superintendents and keepers of prisons, 
19 penitentiaries, jails and other institutions for the 
20 detention of persons accused or convicted of an offense, 
21 while in the performance of their official duty, or while 
22 commuting between their homes and places of employment.
23  (3) Members of the Armed Services or Reserve Forces of 
24 the United States or the Illinois National Guard or the 
25 Reserve Officers Training Corps, while in the performance 
 
 
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1 of their official duty.
2  (4) Special agents employed by a railroad or a public 
3 utility to perform police functions, and guards of armored 
4 car companies, while actually engaged in the performance 
5 of the duties of their employment or commuting between 
6 their homes and places of employment; and watchmen while 
7 actually engaged in the performance of the duties of their 
8 employment.
9  (5) Persons licensed as private security contractors, 
10 private detectives, or private alarm contractors, or 
11 employed by a private security contractor, private 
12 detective, or private alarm contractor agency licensed by 
13 the Department of Financial and Professional Regulation, 
14 if their duties include the carrying of a weapon under the 
15 provisions of the Private Detective, Private Alarm, 
16 Private Security, Fingerprint Vendor, and Locksmith Act of 
17 2004, while actually engaged in the performance of the 
18 duties of their employment or commuting between their 
19 homes and places of employment. A person shall be 
20 considered eligible for this exemption if he or she has 
21 completed the required 20 hours of training for a private 
22 security contractor, private detective, or private alarm 
23 contractor, or employee of a licensed private security 
24 contractor, private detective, or private alarm contractor 
25 agency and 28 hours of required firearm training, and has 
26 been issued a firearm control card by the Department of 
 
 
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1 Financial and Professional Regulation. Conditions for the 
2 renewal of firearm control cards issued under the 
3 provisions of this Section shall be the same as for those 
4 cards issued under the provisions of the Private 
5 Detective, Private Alarm, Private Security, Fingerprint 
6 Vendor, and Locksmith Act of 2004. The firearm control 
7 card shall be carried by the private security contractor, 
8 private detective, or private alarm contractor, or 
9 employee of the licensed private security contractor, 
10 private detective, or private alarm contractor agency at 
11 all times when he or she is in possession of a concealable 
12 weapon permitted by his or her firearm control card.
13  (6) Any person regularly employed in a commercial or 
14 industrial operation as a security guard for the 
15 protection of persons employed and private property 
16 related to such commercial or industrial operation, while 
17 actually engaged in the performance of his or her duty or 
18 traveling between sites or properties belonging to the 
19 employer, and who, as a security guard, is a member of a 
20 security force registered with the Department of Financial 
21 and Professional Regulation; provided that such security 
22 guard has successfully completed a course of study, 
23 approved by and supervised by the Department of Financial 
24 and Professional Regulation, consisting of not less than 
25 48 hours of training that includes the theory of law 
26 enforcement, liability for acts, and the handling of 
 
 
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1 weapons. A person shall be considered eligible for this 
2 exemption if he or she has completed the required 20 hours 
3 of training for a security officer and 28 hours of 
4 required firearm training, and has been issued a firearm 
5 control card by the Department of Financial and 
6 Professional Regulation. Conditions for the renewal of 
7 firearm control cards issued under the provisions of this 
8 Section shall be the same as for those cards issued under 
9 the provisions of the Private Detective, Private Alarm, 
10 Private Security, Fingerprint Vendor, and Locksmith Act of 
11 2004. The firearm control card shall be carried by the 
12 security guard at all times when he or she is in possession 
13 of a concealable weapon permitted by his or her firearm 
14 control card.
15  (7) Agents and investigators of the Illinois 
16 Legislative Investigating Commission authorized by the 
17 Commission to carry the weapons specified in subsections 
18 24-1(a)(3) and 24-1(a)(4), while on duty in the course of 
19 any investigation for the Commission.
20  (8) Persons employed by a financial institution as a 
21 security guard for the protection of other employees and 
22 property related to such financial institution, while 
23 actually engaged in the performance of their duties, 
24 commuting between their homes and places of employment, or 
25 traveling between sites or properties owned or operated by 
26 such financial institution, and who, as a security guard, 
 
 
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1 is a member of a security force registered with the 
2 Department; provided that any person so employed has 
3 successfully completed a course of study, approved by and 
4 supervised by the Department of Financial and Professional 
5 Regulation, consisting of not less than 48 hours of 
6 training which includes theory of law enforcement, 
7 liability for acts, and the handling of weapons. A person 
8 shall be considered to be eligible for this exemption if 
9 he or she has completed the required 20 hours of training 
10 for a security officer and 28 hours of required firearm 
11 training, and has been issued a firearm control card by 
12 the Department of Financial and Professional Regulation. 
13 Conditions for renewal of firearm control cards issued 
14 under the provisions of this Section shall be the same as 
15 for those issued under the provisions of the Private 
16 Detective, Private Alarm, Private Security, Fingerprint 
17 Vendor, and Locksmith Act of 2004. The firearm control 
18 card shall be carried by the security guard at all times 
19 when he or she is in possession of a concealable weapon 
20 permitted by his or her firearm control card. For purposes 
21 of this subsection, "financial institution" means a bank, 
22 savings and loan association, credit union or company 
23 providing armored car services.
24  (9) Any person employed by an armored car company to 
25 drive an armored car, while actually engaged in the 
26 performance of his duties.
 
 
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1  (10) Persons who have been classified as peace 
2 officers pursuant to the Peace Officer Fire Investigation 
3 Act.
4  (11) Investigators of the Office of the State's 
5 Attorneys Appellate Prosecutor authorized by the board of 
6 governors of the Office of the State's Attorneys Appellate 
7 Prosecutor to carry weapons pursuant to Section 7.06 of 
8 the State's Attorneys Appellate Prosecutor's Act.
9  (12) Special investigators appointed by a State's 
10 Attorney under Section 3-9005 of the Counties Code.
11  (12.5) Probation officers while in the performance of 
12 their duties, or while commuting between their homes, 
13 places of employment or specific locations that are part 
14 of their assigned duties, with the consent of the chief 
15 judge of the circuit for which they are employed, if they 
16 have received weapons training according to requirements 
17 of the Peace Officer and Probation Officer Firearm 
18 Training Act.
19  (13) Court Security Officers while in the performance 
20 of their official duties, or while commuting between their 
21 homes and places of employment, with the consent of the 
22 Sheriff.
23  (13.5) A person employed as an armed security guard at 
24 a nuclear energy, storage, weapons or development site or 
25 facility regulated by the Nuclear Regulatory Commission 
26 who has completed the background screening and training 
 
 
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1 mandated by the rules and regulations of the Nuclear 
2 Regulatory Commission.
3  (14) Manufacture, transportation, or sale of weapons 
4 to persons authorized under subdivisions (1) through 
5 (13.5) of this subsection to possess those weapons.
6 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
7to or affect any person carrying a concealed pistol, revolver, 
8or handgun and the person has been issued a currently valid 
9license under the Firearm Concealed Carry Act at the time of 
10the commission of the offense.
11 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
12to or affect a qualified current or retired law enforcement 
13officer or a current or retired deputy, county correctional 
14officer, or correctional officer of the Department of 
15Corrections qualified under the laws of this State or under 
16the federal Law Enforcement Officers Safety Act. 
17 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1824-1.6 do not apply to or affect any of the following:
19  (1) Members of any club or organization organized for 
20 the purpose of practicing shooting at targets upon 
21 established target ranges, whether public or private, and 
22 patrons of such ranges, while such members or patrons are 
23 using their firearms on those target ranges.
24  (2) Duly authorized military or civil organizations 
25 while parading, with the special permission of the 
26 Governor.
 
 
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1  (3) Hunters, trappers, or fishermen while engaged in 
2 lawful hunting, trapping, or fishing under the provisions 
3 of the Wildlife Code or the Fish and Aquatic Life Code.
4  (4) Transportation of weapons that are broken down in 
5 a non-functioning state or are not immediately accessible.
6  (5) Carrying or possessing any pistol, revolver, stun 
7 gun or taser or other firearm on the land or in the legal 
8 dwelling of another person as an invitee with that 
9 person's permission. 
10 (c) Subsection 24-1(a)(7) does not apply to or affect any 
11of the following:
12  (1) Peace officers while in performance of their 
13 official duties.
14  (2) Wardens, superintendents and keepers of prisons, 
15 penitentiaries, jails and other institutions for the 
16 detention of persons accused or convicted of an offense.
17  (3) Members of the Armed Services or Reserve Forces of 
18 the United States or the Illinois National Guard, while in 
19 the performance of their official duty.
20  (4) Manufacture, transportation, or sale of machine 
21 guns to persons authorized under subdivisions (1) through 
22 (3) of this subsection to possess machine guns, if the 
23 machine guns are broken down in a non-functioning state or 
24 are not immediately accessible.
25  (5) Persons licensed under federal law to manufacture 
26 any weapon from which 8 or more shots or bullets can be 
 
 
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1 discharged by a single function of the firing device, or 
2 ammunition for such weapons, and actually engaged in the 
3 business of manufacturing such weapons or ammunition, but 
4 only with respect to activities which are within the 
5 lawful scope of such business, such as the manufacture, 
6 transportation, or testing of such weapons or ammunition. 
7 This exemption does not authorize the general private 
8 possession of any weapon from which 8 or more shots or 
9 bullets can be discharged by a single function of the 
10 firing device, but only such possession and activities as 
11 are within the lawful scope of a licensed manufacturing 
12 business described in this paragraph.
13  During transportation, such weapons shall be broken 
14 down in a non-functioning state or not immediately 
15 accessible.
16  (6) The manufacture, transport, testing, delivery, 
17 transfer or sale, and all lawful commercial or 
18 experimental activities necessary thereto, of rifles, 
19 shotguns, and weapons made from rifles or shotguns, or 
20 ammunition for such rifles, shotguns or weapons, where 
21 engaged in by a person operating as a contractor or 
22 subcontractor pursuant to a contract or subcontract for 
23 the development and supply of such rifles, shotguns, 
24 weapons or ammunition to the United States government or 
25 any branch of the Armed Forces of the United States, when 
26 such activities are necessary and incident to fulfilling 
 
 
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1 the terms of such contract.
2  The exemption granted under this subdivision (c)(6) 
3 shall also apply to any authorized agent of any such 
4 contractor or subcontractor who is operating within the 
5 scope of his employment, where such activities involving 
6 such weapon, weapons or ammunition are necessary and 
7 incident to fulfilling the terms of such contract.
8  (7) A person possessing a rifle with a barrel or 
9 barrels less than 16 inches in length if: (A) the person 
10 has been issued a Curios and Relics license from the U.S. 
11 Bureau of Alcohol, Tobacco, Firearms and Explosives; or 
12 (B) the person is an active member of a bona fide, 
13 nationally recognized military re-enacting group and the 
14 modification is required and necessary to accurately 
15 portray the weapon for historical re-enactment purposes; 
16 the re-enactor is in possession of a valid and current 
17 re-enacting group membership credential; and the overall 
18 length of the weapon as modified is not less than 26 
19 inches.
20 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
21possession or carrying of a black-jack or slung-shot by a 
22peace officer.
23 (e) Subsection 24-1(a)(8) does not apply to any owner, 
24manager or authorized employee of any place specified in that 
25subsection nor to any law enforcement officer.
26 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
 
 
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1Section 24-1.6 do not apply to members of any club or 
2organization organized for the purpose of practicing shooting 
3at targets upon established target ranges, whether public or 
4private, while using their firearms on those target ranges.
5 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
6to:
7  (1) Members of the Armed Services or Reserve Forces of 
8 the United States or the Illinois National Guard, while in 
9 the performance of their official duty.
10  (2) Bonafide collectors of antique or surplus military 
11 ordnance.
12  (3) Laboratories having a department of forensic 
13 ballistics, or specializing in the development of 
14 ammunition or explosive ordnance.
15  (4) Commerce, preparation, assembly or possession of 
16 explosive bullets by manufacturers of ammunition licensed 
17 by the federal government, in connection with the supply 
18 of those organizations and persons exempted by subdivision 
19 (g)(1) of this Section, or like organizations and persons 
20 outside this State, or the transportation of explosive 
21 bullets to any organization or person exempted in this 
22 Section by a common carrier or by a vehicle owned or leased 
23 by an exempted manufacturer.
24 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
25persons licensed under federal law to manufacture any device 
26or attachment of any kind designed, used, or intended for use 
 
 
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1in silencing the report of any firearm, firearms, or 
2ammunition for those firearms equipped with those devices, and 
3actually engaged in the business of manufacturing those 
4devices, firearms, or ammunition, but only with respect to 
5activities that are within the lawful scope of that business, 
6such as the manufacture, transportation, or testing of those 
7devices, firearms, or ammunition. This exemption does not 
8authorize the general private possession of any device or 
9attachment of any kind designed, used, or intended for use in 
10silencing the report of any firearm, but only such possession 
11and activities as are within the lawful scope of a licensed 
12manufacturing business described in this subsection (g-5). 
13During transportation, these devices shall be detached from 
14any weapon or not immediately accessible.
15 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1624-1.6 do not apply to or affect any parole agent or parole 
17supervisor who meets the qualifications and conditions 
18prescribed in Section 3-14-1.5 of the Unified Code of 
19Corrections. 
20 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
21officer while serving as a member of a tactical response team 
22or special operations team. A peace officer may not personally 
23own or apply for ownership of a device or attachment of any 
24kind designed, used, or intended for use in silencing the 
25report of any firearm. These devices shall be owned and 
26maintained by lawfully recognized units of government whose 
 
 
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1duties include the investigation of criminal acts.
2 (g-10) (Blank). 
3 (h) An information or indictment based upon a violation of 
4any subsection of this Article need not negative any 
5exemptions contained in this Article. The defendant shall have 
6the burden of proving such an exemption.
7 (i) Nothing in this Article shall prohibit, apply to, or 
8affect the transportation, carrying, or possession, of any 
9pistol or revolver, stun gun, taser, or other firearm 
10consigned to a common carrier operating under license of the 
11State of Illinois or the federal government, where such 
12transportation, carrying, or possession is incident to the 
13lawful transportation in which such common carrier is engaged; 
14and nothing in this Article shall prohibit, apply to, or 
15affect the transportation, carrying, or possession of any 
16pistol, revolver, stun gun, taser, or other firearm, not the 
17subject of and regulated by subsection 24-1(a)(7) or 
18subsection 24-2(c) of this Article, which is unloaded and 
19enclosed in a case, firearm carrying box, shipping box, or 
20other container, by a person eligible under State and federal 
21law to possess a firearm the possessor of a valid Firearm 
22Owners Identification Card.
23(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; 
24102-837, eff. 5-13-22; 103-154, eff. 6-30-23.)

25 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
 
 
HB4327- 300 -LRB103 34892 RLC 64759 b


1 Sec. 24-3. Unlawful sale or delivery of firearms. 
2 (A) A person commits the offense of unlawful sale or 
3delivery of firearms when he or she knowingly does any of the 
4following:
5  (a) Sells or gives any firearm of a size which may be 
6 concealed upon the person to any person under 18 years of 
7 age.
8  (b) Sells or gives any firearm to a person under 21 
9 years of age who has been convicted of a misdemeanor other 
10 than a traffic offense or adjudged delinquent.
11  (c) Sells or gives any firearm to any narcotic addict.
12  (d) Sells or gives any firearm to any person who has 
13 been convicted of a felony under the laws of this or any 
14 other jurisdiction.
15  (e) Sells or gives any firearm to any person who has 
16 been a patient in a mental institution within the past 5 
17 years. In this subsection (e):
18   "Mental institution" means any hospital, 
19 institution, clinic, evaluation facility, mental 
20 health center, or part thereof, which is used 
21 primarily for the care or treatment of persons with 
22 mental illness. 
23   "Patient in a mental institution" means the person 
24 was admitted, either voluntarily or involuntarily, to 
25 a mental institution for mental health treatment, 
26 unless the treatment was voluntary and solely for an 
 
 
HB4327- 301 -LRB103 34892 RLC 64759 b


1 alcohol abuse disorder and no other secondary 
2 substance abuse disorder or mental illness.
3  (f) Sells or gives any firearms to any person who is a 
4 person with an intellectual disability.
5  (g) Delivers any firearm, incidental to a sale, 
6 without withholding delivery of the firearm for at least 
7 72 hours after application for its purchase has been made, 
8 or delivers a stun gun or taser, incidental to a sale, 
9 without withholding delivery of the stun gun or taser for 
10 at least 24 hours after application for its purchase has 
11 been made. However, this paragraph (g) does not apply to: 
12 (1) the sale of a firearm to a law enforcement officer if 
13 the seller of the firearm knows that the person to whom he 
14 or she is selling the firearm is a law enforcement officer 
15 or the sale of a firearm to a person who desires to 
16 purchase a firearm for use in promoting the public 
17 interest incident to his or her employment as a bank 
18 guard, armed truck guard, or other similar employment; (2) 
19 a mail order sale of a firearm from a federally licensed 
20 firearms dealer to a nonresident of Illinois under which 
21 the firearm is mailed to a federally licensed firearms 
22 dealer outside the boundaries of Illinois; (3) (blank); 
23 (4) the sale of a firearm to a dealer licensed as a federal 
24 firearms dealer under Section 923 of the federal Gun 
25 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or 
26 sale of any rifle, shotgun, or other long gun to a resident 
 
 
HB4327- 302 -LRB103 34892 RLC 64759 b


1 registered competitor or attendee or non-resident 
2 registered competitor or attendee by any dealer licensed 
3 as a federal firearms dealer under Section 923 of the 
4 federal Gun Control Act of 1968 at competitive shooting 
5 events held at the World Shooting Complex sanctioned by a 
6 national governing body. For purposes of transfers or 
7 sales under subparagraph (5) of this paragraph (g), the 
8 Department of Natural Resources shall give notice to the 
9 Illinois State Police at least 30 calendar days prior to 
10 any competitive shooting events at the World Shooting 
11 Complex sanctioned by a national governing body. The 
12 notification shall be made on a form prescribed by the 
13 Illinois State Police. The sanctioning body shall provide 
14 a list of all registered competitors and attendees at 
15 least 24 hours before the events to the Illinois State 
16 Police. Any changes to the list of registered competitors 
17 and attendees shall be forwarded to the Illinois State 
18 Police as soon as practicable. The Illinois State Police 
19 must destroy the list of registered competitors and 
20 attendees no later than 30 days after the date of the 
21 event. Nothing in this paragraph (g) relieves a federally 
22 licensed firearm dealer from the requirements of 
23 conducting a NICS background check through the Illinois 
24 Point of Contact under 18 U.S.C. 922(t). For purposes of 
25 this paragraph (g), "application" means when the buyer and 
26 seller reach an agreement to purchase a firearm. For 
 
 
HB4327- 303 -LRB103 34892 RLC 64759 b


1 purposes of this paragraph (g), "national governing body" 
2 means a group of persons who adopt rules and formulate 
3 policy on behalf of a national firearm sporting 
4 organization. 
5  (h) While holding any license as a dealer, importer, 
6 manufacturer or pawnbroker under the federal Gun Control 
7 Act of 1968, manufactures, sells or delivers to any 
8 unlicensed person a handgun having a barrel, slide, frame 
9 or receiver which is a die casting of zinc alloy or any 
10 other nonhomogeneous metal which will melt or deform at a 
11 temperature of less than 800 degrees Fahrenheit. For 
12 purposes of this paragraph, (1) "firearm" has the meaning 
13 provided in Section 2-7.5 of the Criminal Code of 2012 is 
14 defined as in the Firearm Owners Identification Card Act; 
15 and (2) "handgun" is defined as a firearm designed to be 
16 held and fired by the use of a single hand, and includes a 
17 combination of parts from which such a firearm can be 
18 assembled.
19  (i) Sells or gives a firearm of any size to any person 
20 under 18 years of age who is not eligible under State or 
21 federal law to possess a firearm does not possess a valid 
22 Firearm Owner's Identification Card.
23  (j) Sells or gives a firearm while engaged in the 
24 business of selling firearms at wholesale or retail 
25 without being licensed as a federal firearms dealer under 
26 Section 923 of the federal Gun Control Act of 1968 (18 
 
 
HB4327- 304 -LRB103 34892 RLC 64759 b


1 U.S.C. 923). In this paragraph (j):
2  A person "engaged in the business" means a person who 
3 devotes time, attention, and labor to engaging in the 
4 activity as a regular course of trade or business with the 
5 principal objective of livelihood and profit, but does not 
6 include a person who makes occasional repairs of firearms 
7 or who occasionally fits special barrels, stocks, or 
8 trigger mechanisms to firearms.
9  "With the principal objective of livelihood and 
10 profit" means that the intent underlying the sale or 
11 disposition of firearms is predominantly one of obtaining 
12 livelihood and pecuniary gain, as opposed to other 
13 intents, such as improving or liquidating a personal 
14 firearms collection; however, proof of profit shall not be 
15 required as to a person who engages in the regular and 
16 repetitive purchase and disposition of firearms for 
17 criminal purposes or terrorism.
18  (k) (Blank). Sells or transfers ownership of a firearm 
19 to a person who does not display to the seller or 
20 transferor of the firearm either: (1) a currently valid 
21 Firearm Owner's Identification Card that has previously 
22 been issued in the transferee's name by the Illinois State 
23 Police under the provisions of the Firearm Owners 
24 Identification Card Act; or (2) a currently valid license 
25 to carry a concealed firearm that has previously been 
26 issued in the transferee's name by the Illinois State 
 
 
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1 Police under the Firearm Concealed Carry Act. This 
2 paragraph (k) does not apply to the transfer of a firearm 
3 to a person who is exempt from the requirement of 
4 possessing a Firearm Owner's Identification Card under 
5 Section 2 of the Firearm Owners Identification Card Act. 
6 For the purposes of this Section, a currently valid 
7 Firearm Owner's Identification Card or license to carry a 
8 concealed firearm means receipt of an approval number 
9 issued in accordance with subsection (a-10) of Section 3 
10 or Section 3.1 of the Firearm Owners Identification Card 
11 Act.
12   (1) (Blank). In addition to the other requirements 
13 of this paragraph (k), all persons who are not 
14 federally licensed firearms dealers must also have 
15 complied with subsection (a-10) of Section 3 of the 
16 Firearm Owners Identification Card Act by determining 
17 the validity of a purchaser's Firearm Owner's 
18 Identification Card.
19   (2) (Blank). All sellers or transferors who have 
20 complied with the requirements of subparagraph (1) of 
21 this paragraph (k) shall not be liable for damages in 
22 any civil action arising from the use or misuse by the 
23 transferee of the firearm transferred, except for 
24 willful or wanton misconduct on the part of the seller 
25 or transferor. 
26  (l) Not being entitled to the possession of a firearm, 
 
 
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1 delivers the firearm, knowing it to have been stolen or 
2 converted. It may be inferred that a person who possesses 
3 a firearm with knowledge that its serial number has been 
4 removed or altered has knowledge that the firearm is 
5 stolen or converted. 
6 (B) Paragraph (h) of subsection (A) does not include 
7firearms sold within 6 months after enactment of Public Act 
878-355 (approved August 21, 1973, effective October 1, 1973), 
9nor is any firearm legally owned or possessed by any citizen or 
10purchased by any citizen within 6 months after the enactment 
11of Public Act 78-355 subject to confiscation or seizure under 
12the provisions of that Public Act. Nothing in Public Act 
1378-355 shall be construed to prohibit the gift or trade of any 
14firearm if that firearm was legally held or acquired within 6 
15months after the enactment of that Public Act.
16 (C) Sentence.
17  (1) Any person convicted of unlawful sale or delivery 
18 of firearms in violation of paragraph (c), (e), (f), (g), 
19 or (h) of subsection (A) commits a Class 4 felony.
20  (2) Any person convicted of unlawful sale or delivery 
21 of firearms in violation of paragraph (b) or (i) of 
22 subsection (A) commits a Class 3 felony.
23  (3) Any person convicted of unlawful sale or delivery 
24 of firearms in violation of paragraph (a) of subsection 
25 (A) commits a Class 2 felony.
26  (4) Any person convicted of unlawful sale or delivery 
 
 
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1 of firearms in violation of paragraph (a), (b), or (i) of 
2 subsection (A) in any school, on the real property 
3 comprising a school, within 1,000 feet of the real 
4 property comprising a school, at a school related 
5 activity, or on or within 1,000 feet of any conveyance 
6 owned, leased, or contracted by a school or school 
7 district to transport students to or from school or a 
8 school related activity, regardless of the time of day or 
9 time of year at which the offense was committed, commits a 
10 Class 1 felony. Any person convicted of a second or 
11 subsequent violation of unlawful sale or delivery of 
12 firearms in violation of paragraph (a), (b), or (i) of 
13 subsection (A) in any school, on the real property 
14 comprising a school, within 1,000 feet of the real 
15 property comprising a school, at a school related 
16 activity, or on or within 1,000 feet of any conveyance 
17 owned, leased, or contracted by a school or school 
18 district to transport students to or from school or a 
19 school related activity, regardless of the time of day or 
20 time of year at which the offense was committed, commits a 
21 Class 1 felony for which the sentence shall be a term of 
22 imprisonment of no less than 5 years and no more than 15 
23 years.
24  (5) Any person convicted of unlawful sale or delivery 
25 of firearms in violation of paragraph (a) or (i) of 
26 subsection (A) in residential property owned, operated, or 
 
 
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1 managed by a public housing agency or leased by a public 
2 housing agency as part of a scattered site or mixed-income 
3 development, in a public park, in a courthouse, on 
4 residential property owned, operated, or managed by a 
5 public housing agency or leased by a public housing agency 
6 as part of a scattered site or mixed-income development, 
7 on the real property comprising any public park, on the 
8 real property comprising any courthouse, or on any public 
9 way within 1,000 feet of the real property comprising any 
10 public park, courthouse, or residential property owned, 
11 operated, or managed by a public housing agency or leased 
12 by a public housing agency as part of a scattered site or 
13 mixed-income development commits a Class 2 felony.
14  (6) Any person convicted of unlawful sale or delivery 
15 of firearms in violation of paragraph (j) of subsection 
16 (A) commits a Class A misdemeanor. A second or subsequent 
17 violation is a Class 4 felony.
18  (7) (Blank). Any person convicted of unlawful sale or 
19 delivery of firearms in violation of paragraph (k) of 
20 subsection (A) commits a Class 4 felony, except that a 
21 violation of subparagraph (1) of paragraph (k) of 
22 subsection (A) shall not be punishable as a crime or petty 
23 offense. A third or subsequent conviction for a violation 
24 of paragraph (k) of subsection (A) is a Class 1 felony. 
25  (8) A person 18 years of age or older convicted of 
26 unlawful sale or delivery of firearms in violation of 
 
 
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1 paragraph (a) or (i) of subsection (A), when the firearm 
2 that was sold or given to another person under 18 years of 
3 age was used in the commission of or attempt to commit a 
4 forcible felony, shall be fined or imprisoned, or both, 
5 not to exceed the maximum provided for the most serious 
6 forcible felony so committed or attempted by the person 
7 under 18 years of age who was sold or given the firearm. 
8  (9) Any person convicted of unlawful sale or delivery 
9 of firearms in violation of paragraph (d) of subsection 
10 (A) commits a Class 3 felony.
11  (10) Any person convicted of unlawful sale or delivery 
12 of firearms in violation of paragraph (l) of subsection 
13 (A) commits a Class 2 felony if the delivery is of one 
14 firearm. Any person convicted of unlawful sale or delivery 
15 of firearms in violation of paragraph (l) of subsection 
16 (A) commits a Class 1 felony if the delivery is of not less 
17 than 2 and not more than 5 firearms at the same time or 
18 within a one-year period. Any person convicted of unlawful 
19 sale or delivery of firearms in violation of paragraph (l) 
20 of subsection (A) commits a Class X felony for which he or 
21 she shall be sentenced to a term of imprisonment of not 
22 less than 6 years and not more than 30 years if the 
23 delivery is of not less than 6 and not more than 10 
24 firearms at the same time or within a 2-year period. Any 
25 person convicted of unlawful sale or delivery of firearms 
26 in violation of paragraph (l) of subsection (A) commits a 
 
 
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1 Class X felony for which he or she shall be sentenced to a 
2 term of imprisonment of not less than 6 years and not more 
3 than 40 years if the delivery is of not less than 11 and 
4 not more than 20 firearms at the same time or within a 
5 3-year period. Any person convicted of unlawful sale or 
6 delivery of firearms in violation of paragraph (l) of 
7 subsection (A) commits a Class X felony for which he or she 
8 shall be sentenced to a term of imprisonment of not less 
9 than 6 years and not more than 50 years if the delivery is 
10 of not less than 21 and not more than 30 firearms at the 
11 same time or within a 4-year period. Any person convicted 
12 of unlawful sale or delivery of firearms in violation of 
13 paragraph (l) of subsection (A) commits a Class X felony 
14 for which he or she shall be sentenced to a term of 
15 imprisonment of not less than 6 years and not more than 60 
16 years if the delivery is of 31 or more firearms at the same 
17 time or within a 5-year period. 
18 (D) For purposes of this Section:
19 "School" means a public or private elementary or secondary 
20school, community college, college, or university.
21 "School related activity" means any sporting, social, 
22academic, or other activity for which students' attendance or 
23participation is sponsored, organized, or funded in whole or 
24in part by a school or school district.
25 (E) (Blank). A prosecution for a violation of paragraph 
26(k) of subsection (A) of this Section may be commenced within 6 
 
 
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1years after the commission of the offense. A prosecution for a 
2violation of this Section other than paragraph (g) of 
3subsection (A) of this Section may be commenced within 5 years 
4after the commission of the offense defined in the particular 
5paragraph. 
6(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
7102-813, eff. 5-13-22.)

8 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
9 Sec. 24-3.1. Unlawful possession of firearms and firearm 
10ammunition. 
11 (a) A person commits the offense of unlawful possession of 
12firearms or firearm ammunition when: 
13  (1) He is under 18 years of age and has in his 
14 possession any firearm of a size which may be concealed 
15 upon the person; or 
16  (2) He is under 21 years of age, has been convicted of 
17 a misdemeanor other than a traffic offense or adjudged 
18 delinquent and has any firearms or firearm ammunition in 
19 his possession; or 
20  (3) He is a narcotic addict and has any firearms or 
21 firearm ammunition in his possession; or 
22  (4) He has been a patient in a mental institution 
23 within the past 5 years and has any firearms or firearm 
24 ammunition in his possession. For purposes of this 
25 paragraph (4):
 
 
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1   "Mental institution" means any hospital, 
2 institution, clinic, evaluation facility, mental 
3 health center, or part thereof, which is used 
4 primarily for the care or treatment of persons with 
5 mental illness.
6   "Patient in a mental institution" means the person 
7 was admitted, either voluntarily or involuntarily, to 
8 a mental institution for mental health treatment, 
9 unless the treatment was voluntary and solely for an 
10 alcohol abuse disorder and no other secondary 
11 substance abuse disorder or mental illness; or 
12  (5) He is a person with an intellectual disability and 
13 has any firearms or firearm ammunition in his possession; 
14 or 
15  (6) He has in his possession any explosive bullet.
16 For purposes of this paragraph "explosive bullet" means 
17the projectile portion of an ammunition cartridge which 
18contains or carries an explosive charge which will explode 
19upon contact with the flesh of a human or an animal. 
20"Cartridge" means a tubular metal case having a projectile 
21affixed at the front thereof and a cap or primer at the rear 
22end thereof, with the propellant contained in such tube 
23between the projectile and the cap.
24 (a-5) A person prohibited from possessing a firearm under 
25this Section may petition the Director of the Illinois State 
26Police for a hearing and relief from the prohibition, unless 
 
 
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1the prohibition was based upon a forcible felony, stalking, 
2aggravated stalking, domestic battery, any violation of the 
3Illinois Controlled Substances Act, the Methamphetamine 
4Control and Community Protection Act, or the Cannabis Control 
5Act that is classified as a Class 2 or greater felony, any 
6felony violation of Article 24 of the Criminal Code of 1961 or 
7the Criminal Code of 2012, or any adjudication as a delinquent 
8minor for the commission of an offense that if committed by an 
9adult would be a felony, in which case the person may petition 
10the circuit court in writing in the county of his or her 
11residence for a hearing and relief from the prohibition. The 
12Director or court may grant the relief if it is established by 
13the petitioner to the court's or Director's satisfaction that: 
14  (1) when in the circuit court, the State's Attorney 
15 has been served with a written copy of the petition at 
16 least 30 days before any hearing in the circuit court and 
17 at the hearing the State's Attorney was afforded an 
18 opportunity to present evidence and object to the 
19 petition;
20  (2) the petitioner has not been convicted of a 
21 forcible felony under the laws of this State or any other 
22 jurisdiction within 20 years of the filing of the 
23 petition, or at least 20 years have passed since the end of 
24 any period of imprisonment imposed in relation to that 
25 conviction;
26  (3) the circumstances regarding a criminal conviction, 
 
 
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1 where applicable, the petitioner's criminal history and 
2 his reputation are such that the petitioner will not be 
3 likely to act in a manner dangerous to public safety;
4  (4) granting relief would not be contrary to the 
5 public interest; and
6  (5) granting relief would not be contrary to federal 
7 law. 
8 (b) Sentence.
9 Unlawful possession of firearms, other than handguns, and 
10firearm ammunition is a Class A misdemeanor. Unlawful 
11possession of handguns is a Class 4 felony. The possession of 
12each firearm or firearm ammunition in violation of this 
13Section constitutes a single and separate violation. 
14 (c) Nothing in paragraph (1) of subsection (a) of this 
15Section prohibits a person under 18 years of age from 
16participating in any lawful recreational activity with a 
17firearm such as, but not limited to, practice shooting at 
18targets upon established public or private target ranges or 
19hunting, trapping, or fishing in accordance with the Wildlife 
20Code or the Fish and Aquatic Life Code.
21(Source: P.A. 99-143, eff. 7-27-15.)

22 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
23 Sec. 24-3.2. Unlawful discharge of firearm projectiles. 
24 (a) A person commits the offense of unlawful discharge of 
25firearm projectiles when he or she knowingly or recklessly 
 
 
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1uses an armor piercing bullet, dragon's breath shotgun shell, 
2bolo shell, or flechette shell in violation of this Section.
3 For purposes of this Section:
4 "Armor piercing bullet" means any handgun bullet or 
5handgun ammunition with projectiles or projectile cores 
6constructed entirely (excluding the presence of traces of 
7other substances) from tungsten alloys, steel, iron, brass, 
8bronze, beryllium copper or depleted uranium, or fully 
9jacketed bullets larger than 22 caliber whose jacket has a 
10weight of more than 25% of the total weight of the projectile, 
11and excluding those handgun projectiles whose cores are 
12composed of soft materials such as lead or lead alloys, zinc or 
13zinc alloys, frangible projectiles designed primarily for 
14sporting purposes, and any other projectiles or projectile 
15cores that the U. S. Secretary of the Treasury finds to be 
16primarily intended to be used for sporting purposes or 
17industrial purposes or that otherwise does not constitute 
18"armor piercing ammunition" as that term is defined by federal 
19law.
20 "Dragon's breath shotgun shell" means any shotgun shell 
21that contains exothermic pyrophoric mesh metal as the 
22projectile and is designed for the purpose of throwing or 
23spewing a flame or fireball to simulate a flame-thrower.
24 "Bolo shell" means any shell that can be fired in a firearm 
25and expels as projectiles 2 or more metal balls connected by 
26solid metal wire.
 
 
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1 "Flechette shell" means any shell that can be fired in a 
2firearm and expels 2 or more pieces of fin-stabilized solid 
3metal wire or 2 or more solid dart-type projectiles.
4 (b) A person commits a Class X felony when he or she, 
5knowing that a firearm, as defined in Section 1.1 of the 
6Firearm Owners Identification Card Act, is loaded with an 
7armor piercing bullet, dragon's breath shotgun shell, bolo 
8shell, or flechette shell, intentionally or recklessly 
9discharges such firearm and such bullet or shell strikes any 
10other person.
11 (c) Any person who possesses, concealed on or about his or 
12her person, an armor piercing bullet, dragon's breath shotgun 
13shell, bolo shell, or flechette shell and a firearm suitable 
14for the discharge thereof is guilty of a Class 2 felony.
15 (d) This Section does not apply to or affect any of the 
16following: 
17  (1) Peace officers; 
18  (2) Wardens, superintendents and keepers of prisons, 
19 penitentiaries, jails and other institutions for the 
20 detention of persons accused or convicted of an offense; 
21  (3) Members of the Armed Services or Reserve Forces of 
22 the United States or the Illinois National Guard while in 
23 the performance of their official duties; 
24  (4) Federal officials required to carry firearms, 
25 while engaged in the performance of their official duties; 
26  (5) United States Marshals, while engaged in the 
 
 
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1 performance of their official duties.
2(Source: P.A. 92-423, eff. 1-1-02.)

3 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
4 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee. 
5 (a) It shall be unlawful for any person who holds a license 
6to sell at retail any alcoholic liquor issued by the Illinois 
7Liquor Control Commission or local liquor control commissioner 
8under the Liquor Control Act of 1934 or an agent or employee of 
9the licensee to sell or deliver to any other person a firearm 
10in or on the real property of the establishment where the 
11licensee is licensed to sell alcoholic liquors unless the sale 
12or delivery of the firearm is otherwise lawful under this 
13Article and under the Firearm Owners Identification Card Act.
14 (b) Sentence. A violation of subsection (a) of this 
15Section is a Class 4 felony.
16(Source: P.A. 87-591.)

17 (720 ILCS 5/24-3.5)
18 Sec. 24-3.5. Unlawful purchase of a firearm. 
19 (a) For purposes of this Section, "firearms transaction 
20record form" means a form: 
21  (1) executed by a transferee of a firearm stating: (i) 
22 the transferee's name and address (including county or 
23 similar political subdivision); (ii) whether the 
24 transferee is a citizen of the United States; (iii) the 
 
 
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1 transferee's State of residence; and (iv) the date and 
2 place of birth, height, weight, and race of the 
3 transferee; and 
4  (2) on which the transferee certifies that he or she 
5 is not prohibited by federal law from transporting or 
6 shipping a firearm in interstate or foreign commerce or 
7 receiving a firearm that has been shipped or transported 
8 in interstate or foreign commerce or possessing a firearm 
9 in or affecting commerce.
10 (b) A person commits the offense of unlawful purchase of a 
11firearm who knowingly purchases or attempts to purchase a 
12firearm with the intent to deliver that firearm to another 
13person who is prohibited by federal or State law from 
14possessing a firearm.
15 (c) A person commits the offense of unlawful purchase of a 
16firearm when he or she, in purchasing or attempting to 
17purchase a firearm, intentionally provides false or misleading 
18information on a United States Department of the Treasury, 
19Bureau of Alcohol, Tobacco and Firearms firearms transaction 
20record form.
21 (d) Exemption. It is not a violation of subsection (b) of 
22this Section for a person to make a gift or loan of a firearm 
23to a person who is not prohibited by federal or State law from 
24possessing a firearm if the transfer of the firearm is made in 
25accordance with Section 3 of the Firearm Owners Identification 
26Card Act.
 
 
HB4327- 319 -LRB103 34892 RLC 64759 b


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

24 (720 ILCS 5/24-3B)
25 Sec. 24-3B. Firearms trafficking.
 
 
HB4327- 320 -LRB103 34892 RLC 64759 b


1 (a) A person commits firearms trafficking when he or she 
2is prohibited under federal or State law from possessing a 
3firearm has not been issued a currently valid Firearm Owner's 
4Identification Card and knowingly:
5  (1) brings, or causes to be brought, into this State, 
6 a firearm or firearm ammunition for the purpose of sale, 
7 delivery, or transfer to any other person or with the 
8 intent to sell, deliver, or transfer the firearm or 
9 firearm ammunition to any other person; or
10  (2) brings, or causes to be brought, into this State, 
11 a firearm and firearm ammunition for the purpose of sale, 
12 delivery, or transfer to any other person or with the 
13 intent to sell, deliver, or transfer the firearm and 
14 firearm ammunition to any other person.
15 (a-5) (Blank). This Section does not apply to: 
16  (1) a person exempt under Section 2 of the Firearm 
17 Owners Identification Card Act from the requirement of 
18 having possession of a Firearm Owner's Identification Card 
19 previously issued in his or her name by the Illinois State 
20 Police in order to acquire or possess a firearm or firearm 
21 ammunition; 
22  (2) a common carrier under subsection (i) of Section 
23 24-2 of this Code; or 
24  (3) a non-resident who may lawfully possess a firearm 
25 in his or her resident state. 
26 (b) Sentence.
 
 
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1  (1) Firearms trafficking is a Class 1 felony for which 
2 the person, if sentenced to a term of imprisonment, shall 
3 be sentenced to not less than 4 years and not more than 20 
4 years.
5  (2) Firearms trafficking by a person who has been 
6 previously convicted of firearms trafficking, gunrunning, 
7 or a felony offense for the unlawful sale, delivery, or 
8 transfer of a firearm or firearm ammunition in this State 
9 or another jurisdiction is a Class X felony. 
10(Source: P.A. 102-538, eff. 8-20-21.)

11 (720 ILCS 5/24-4.1)
12 Sec. 24-4.1. Report of lost or stolen firearms. 
13 (a) If a person who possesses a valid Firearm Owner's 
14Identification Card and who possesses or acquires a firearm 
15thereafter loses the firearm, or if the firearm is stolen from 
16the person, the person must report the loss or theft to the 
17local law enforcement agency within 72 hours after obtaining 
18knowledge of the loss or theft.
19 (b) A law enforcement agency having jurisdiction shall 
20take a written report and shall, as soon as practical, enter 
21the firearm's serial number as stolen into the Law Enforcement 
22Agencies Data System (LEADS).
23 (c) A person shall not be in violation of this Section if:
24  (1) the failure to report is due to an act of God, act 
25 of war, or inability of a law enforcement agency to 
 
 
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1 receive the report;
2  (2) the person is hospitalized, in a coma, or is 
3 otherwise seriously physically or mentally impaired as to 
4 prevent the person from reporting; or
5  (3) the person's designee makes a report if the person 
6 is unable to make the report. 
7 (d) Sentence. A person who violates this Section is guilty 
8of a petty offense for a first violation. A second or 
9subsequent violation of this Section is a Class A misdemeanor.
10(Source: P.A. 98-508, eff. 8-19-13.)

11 (720 ILCS 5/24-4.5 new)
12 Sec. 24-4.5. Dial-up system.
13 (a) The Illinois State Police shall provide a dial-up 
14telephone system or use other existing technology which shall 
15be used by any federally licensed firearm dealer, gun show 
16promoter, or gun show vendor who is to transfer a firearm, stun 
17gun, or taser under the provisions of this Code. The Illinois 
18State Police may use existing technology which allows the 
19caller to be charged a fee not to exceed $2. Fees collected by 
20the Illinois State Police shall be deposited in the State 
21Police Services Fund and used to provide the service.
22 (b) Upon receiving a request from a federally licensed 
23firearm dealer, gun show promoter, or gun show vendor, the 
24Illinois State Police shall immediately approve, or, within 
25the time period established by Section 24-3 of this Code 
 
 
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1regarding the delivery of firearms, stun guns, and tasers, 
2notify the inquiring dealer, gun show promoter, or gun show 
3vendor of any objection that would disqualify the transferee 
4from acquiring or possessing a firearm, stun gun, or taser. In 
5conducting the inquiry, the Illinois State Police shall 
6initiate and complete an automated search of its criminal 
7history record information files and those of the Federal 
8Bureau of Investigation, including the National Instant 
9Criminal Background Check System, and of the files of the 
10Department of Human Services relating to mental health and 
11developmental disabilities to obtain any felony conviction or 
12patient hospitalization information which would disqualify a 
13person from obtaining a firearm.
14 (c) If receipt of a firearm would not violate Section 24-3 
15of this Code or federal law, the Illinois State Police shall: 
16  (1) assign a unique identification number to the 
17 transfer; and
18  (2) provide the licensee, gun show promoter, or gun 
19 show vendor with the number.
20 (d) Approvals issued by the Illinois State Police for the 
21purchase of a firearm are valid for 30 days from the date of 
22issue. 
23 (e)(1) The Illinois State Police must act as the Illinois 
24Point of Contact for the National Instant Criminal Background 
25Check System.
26 (2) The Illinois State Police and the Department of Human 
 
 
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1Services shall, in accordance with State and federal law 
2regarding confidentiality, enter into a memorandum of 
3understanding with the Federal Bureau of Investigation for the 
4purpose of implementing the National Instant Criminal 
5Background Check System in the State. The Department of State 
6Police shall report the name, date of birth, and physical 
7description of any person prohibited from possessing a firearm 
8under this Code or 18 U.S.C. 922(g) and (n) to the National 
9Instant Criminal Background Check System Index, Denied Persons 
10Files.
11 (f) The Illinois State Police shall adopt rules not 
12inconsistent with this Section to implement this system. 

13 (720 ILCS 5/24-5.1)
14 Sec. 24-5.1. Serialization of unfinished frames or 
15receivers; prohibition on unserialized firearms; exceptions; 
16penalties.
17 (a) In this Section:
18 "Bona fide supplier" means an established business entity 
19engaged in the development and sale of firearms parts to one or 
20more federal firearms manufacturers or federal firearms 
21importers. 
22 "Federal firearms dealer" means a licensed manufacturer 
23pursuant to 18 U.S.C. 921(a)(11).
24 "Federal firearms importer" means a licensed importer 
25pursuant to 18 U.S.C. 921(a)(9).
 
 
HB4327- 325 -LRB103 34892 RLC 64759 b


1 "Federal firearms manufacturer" means a licensed 
2manufacturer pursuant to 18 U.S.C. 921(a)(10).
3 "Frame or receiver" means a part of a firearm that, when 
4the complete weapon is assembled, is visible from the exterior 
5and provides housing or a structure designed to hold or 
6integrate one or more fire control components, even if pins or 
7other attachments are required to connect those components to 
8the housing or structure. For models of firearms in which 
9multiple parts provide such housing or structure, the part or 
10parts that the Director of the federal Bureau of Alcohol, 
11Tobacco, Firearms and Explosives has determined are a frame or 
12receiver constitute the frame or receiver. For purposes of 
13this definition, "fire control component" means a component 
14necessary for the firearm to initiate, complete, or continue 
15the firing sequence, including any of the following: hammer, 
16bolt, bolt carrier, breechblock, cylinder, trigger mechanism, 
17firing pin, striker, or slide rails.
18 "Security exemplar" means an object to be fabricated at 
19the direction of the United States Attorney General that is 
20(1) constructed of 3.7 ounces of material type 17-4 PH 
21stainless steel in a shape resembling a handgun and (2) 
22suitable for testing and calibrating metal detectors. 
23 "Three-dimensional printer" means a computer or 
24computer-drive machine capable of producing a 
25three-dimensional object from a digital model.
26 "Undetectable firearm" means (1) a firearm constructed 
 
 
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1entirely of non-metal substances; (2) a firearm that, after 
2removal of all parts but the major components of the firearm, 
3is not detectable by walk-through metal detectors calibrated 
4and operated to detect the security exemplar; or (3) a firearm 
5that includes a major component of a firearm, which, if 
6subject to the types of detection devices commonly used at 
7airports for security screening, would not generate an image 
8that accurately depicts the shape of the component. 
9"Undetectable firearm" does not include a firearm subject to 
10the provisions of 18 U.S.C. 922(p)(3) through (6). 
11 "Unfinished frame or receiver" means any forging, casting, 
12printing, extrusion, machined body, or similar article that:
13  (1) has reached a stage in manufacture where it may 
14 readily be completed, assembled, or converted to be a 
15 functional firearm; or
16  (2) is marketed or sold to the public to become or be 
17 used as the frame or receiver of a functional firearm once 
18 completed, assembled, or converted.
19 "Unserialized" means lacking a serial number imprinted by:
20  (1) a federal firearms manufacturer, federal firearms 
21 importer, federal firearms dealer, or other federal 
22 licensee authorized to provide marking services, pursuant 
23 to a requirement under federal law; or
24  (2) a federal firearms dealer or other federal 
25 licensee authorized to provide marking services pursuant 
26 to subsection (f) of this Section. 
 
 
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1 (b) It is unlawful for any person to knowingly sell, offer 
2to sell, or transfer an unserialized unfinished frame or 
3receiver or unserialized firearm, including those produced 
4using a three-dimensional printer, unless the party purchasing 
5or receiving the unfinished frame or receiver or unserialized 
6firearm is a federal firearms importer, federal firearms 
7manufacturer, or federal firearms dealer.
8 (c) Beginning 180 days after the effective date of this 
9amendatory Act of the 102nd General Assembly, it is unlawful 
10for any person to knowingly possess, transport, or receive an 
11unfinished frame or receiver, unless:
12  (1) the party possessing or receiving the unfinished 
13 frame or receiver is a federal firearms importer or 
14 federal firearms manufacturer;
15  (2) the unfinished frame or receiver is possessed or 
16 transported by a person for transfer to a federal firearms 
17 importer or federal firearms manufacturer; or
18  (3) the unfinished frame or receiver has been 
19 imprinted with a serial number issued by a federal 
20 firearms importer or federal firearms manufacturer in 
21 compliance with subsection (f) of this Section. 
22 (d) Beginning 180 days after the effective date of this 
23amendatory Act of the 102nd General Assembly, unless the party 
24receiving the firearm is a federal firearms importer or 
25federal firearms manufacturer, it is unlawful for any person 
26to knowingly possess, purchase, transport, or receive a 
 
 
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1firearm that is not imprinted with a serial number by (1) a 
2federal firearms importer or federal firearms manufacturer in 
3compliance with all federal laws and regulations regulating 
4the manufacture and import of firearms or (2) a federal 
5firearms manufacturer, federal firearms dealer, or other 
6federal licensee authorized to provide marking services in 
7compliance with the unserialized firearm serialization process 
8under subsection (f) of this Section. 
9 (e) Any firearm or unfinished frame or receiver 
10manufactured using a three-dimensional printer must also be 
11serialized in accordance with the requirements of subsection 
12(f) within 30 days after the effective date of this amendatory 
13Act of the 102nd General Assembly, or prior to reaching a stage 
14of manufacture where it may be readily completed, assembled, 
15or converted to be a functional firearm.
16 (f) Unserialized unfinished frames or receivers and 
17unserialized firearms serialized pursuant to this Section 
18shall be serialized in compliance with all of the following:
19  (1) An unserialized unfinished frame or receiver and 
20 unserialized firearm shall be serialized by a federally 
21 licensed firearms dealer or other federal licensee 
22 authorized to provide marking services with the licensee's 
23 abbreviated federal firearms license number as a prefix 
24 (which is the first 3 and last 5 digits) followed by a 
25 hyphen, and then followed by a number as a suffix, such as 
26 12345678-(number). The serial number or numbers must be 
 
 
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1 placed in a manner that accords with the requirements 
2 under federal law for affixing serial numbers to firearms, 
3 including the requirements that the serial number or 
4 numbers be at the minimum size and depth, and not 
5 susceptible to being readily obliterated, altered, or 
6 removed, and the licensee must retain records that accord 
7 with the requirements under federal law in the case of the 
8 sale of a firearm. The imprinting of any serial number 
9 upon a undetectable firearm must be done on a steel plaque 
10 in compliance with 18 U.S.C. 922(p).
11  (2) Every federally licensed firearms dealer or other 
12 federal licensee that engraves, casts, stamps, or 
13 otherwise conspicuously and permanently places a unique 
14 serial number pursuant to this Section shall maintain a 
15 record of such indefinitely. Licensees subject to the 
16 Firearm Dealer License Certification Act shall make all 
17 records accessible for inspection upon the request of the 
18 Illinois State Police or a law enforcement agency in 
19 accordance with Section 5-35 of the Firearm Dealer License 
20 Certification Act.
21  (3) Every federally licensed firearms dealer or other 
22 federal licensee that engraves, casts, stamps, or 
23 otherwise conspicuously and permanently places a unique 
24 serial number pursuant to this Section shall record it at 
25 the time of every transaction involving the transfer of a 
26 firearm, rifle, shotgun, finished frame or receiver, or 
 
 
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1 unfinished frame or receiver that has been so marked in 
2 compliance with the federal guidelines set forth in 27 CFR 
3 478.124.
4  (4) (Blank). Every federally licensed firearms dealer 
5 or other federal licensee that engraves, casts, stamps, or 
6 otherwise conspicuously and permanently places a unique 
7 serial number pursuant to this Section shall review and 
8 confirm the validity of the owner's Firearm Owner's 
9 Identification Card issued under the Firearm Owners 
10 Identification Card Act prior to returning the firearm to 
11 the owner.
12 (g) Within 30 days after the effective date of this 
13amendatory Act of the 102nd General Assembly, the Director of 
14the Illinois State Police shall issue a public notice 
15regarding the provisions of this Section. The notice shall 
16include posting on the Illinois State Police website and may 
17include written notification or any other means of 
18communication statewide to all Illinois-based federal firearms 
19manufacturers, federal firearms dealers, or other federal 
20licensees authorized to provide marking services in compliance 
21with the serialization process in subsection (f) in order to 
22educate the public.
23 (h) Exceptions. This Section does not apply to an 
24unserialized unfinished frame or receiver or an unserialized 
25firearm that:
26  (1) has been rendered permanently inoperable;
 
 
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1  (2) is an antique firearm, as defined in 18 U.S.C. 
2 921(a)(16);
3  (3) was manufactured prior to October 22, 1968;
4  (4) is an unfinished frame or receiver and is 
5 possessed by a bona fide supplier exclusively for transfer 
6 to a federal firearms manufacturer or federal firearms 
7 importer, or is possessed by a federal firearms 
8 manufacturer or federal firearms importer in compliance 
9 with all federal laws and regulations regulating the 
10 manufacture and import of firearms; except this exemption 
11 does not apply if an unfinished frame or receiver is 
12 possessed for transfer or is transferred to a person other 
13 than a federal firearms manufacturer or federal firearms 
14 importer; or 
15  (5) is possessed by a person who received the 
16 unserialized unfinished frame or receiver or unserialized 
17 firearm through inheritance, and is not otherwise 
18 prohibited from possessing the unserialized unfinished 
19 frame or receiver or unserialized firearm, for a period 
20 not exceeding 30 days after inheriting the unserialized 
21 unfinished frame or receiver or unserialized firearm. 
22 (i) Penalties.
23  (1) A person who violates subsection (c) or (d) is 
24 guilty of a Class A misdemeanor for a first violation and 
25 is guilty of a Class 3 felony for a second or subsequent 
26 violation.
 
 
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1  (2) A person who violates subsection (b) is guilty of 
2 a Class 4 felony for a first violation and is guilty of a 
3 Class 2 felony for a second or subsequent violation.
4(Source: P.A. 102-889, eff. 5-18-22.)

5 (720 ILCS 5/24-9)
6 Sec. 24-9. Firearms; Child Protection. 
7 (a) Except as provided in subsection (c), it is unlawful 
8for any person to store or leave, within premises under his or 
9her control, a firearm if the person knows or has reason to 
10believe that a minor under the age of 14 years who does not 
11have a Firearm Owners Identification Card is likely to gain 
12access to the firearm without the lawful permission of the 
13person possessing the firearm, minor's parent, guardian, or 
14person having charge of the minor, and the minor causes death 
15or great bodily harm with the firearm, unless the firearm is: 
16  (1) secured by a device or mechanism, other than the 
17 firearm safety, designed to render a firearm temporarily 
18 inoperable; or 
19  (2) placed in a securely locked box or container; or 
20  (3) placed in some other location that a reasonable 
21 person would believe to be secure from a minor under the 
22 age of 14 years.
23 (b) Sentence. A person who violates this Section is guilty 
24of a Class C misdemeanor and shall be fined not less than 
25$1,000. A second or subsequent violation of this Section is a 
 
 
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1Class A misdemeanor.
2 (c) Subsection (a) does not apply: 
3  (1) if the minor under 14 years of age gains access to 
4 a firearm and uses it in a lawful act of self-defense or 
5 defense of another; or 
6  (2) to any firearm obtained by a minor under the age of 
7 14 because of an unlawful entry of the premises by the 
8 minor or another person.
9 (d) (Blank). For the purposes of this Section, "firearm" 
10has the meaning ascribed to it in Section 1.1 of the Firearm 
11Owners Identification Card Act.
12(Source: P.A. 91-18, eff. 1-1-00.)

13 Section 165. The Methamphetamine Control and Community 
14Protection Act is amended by changing Section 10 as follows:

15 (720 ILCS 646/10)
16 Sec. 10. Definitions. As used in this Act:
17 "Anhydrous ammonia" has the meaning provided in subsection 
18(d) of Section 3 of the Illinois Fertilizer Act of 1961. 
19 "Anhydrous ammonia equipment" means all items used to 
20store, hold, contain, handle, transfer, transport, or apply 
21anhydrous ammonia for lawful purposes. 
22 "Booby trap" means any device designed to cause physical 
23injury when triggered by an act of a person approaching, 
24entering, or moving through a structure, a vehicle, or any 
 
 
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1location where methamphetamine has been manufactured, is being 
2manufactured, or is intended to be manufactured. 
3 "Deliver" or "delivery" has the meaning provided in 
4subsection (h) of Section 102 of the Illinois Controlled 
5Substances Act. 
6 "Director" means the Director of the Illinois State Police 
7or the Director's designated agents. 
8 "Dispose" or "disposal" means to abandon, discharge, 
9release, deposit, inject, dump, spill, leak, or place 
10methamphetamine waste onto or into any land, water, or well of 
11any type so that the waste has the potential to enter the 
12environment, be emitted into the air, or be discharged into 
13the soil or any waters, including groundwater. 
14 "Emergency response" means the act of collecting evidence 
15from or securing a methamphetamine laboratory site, 
16methamphetamine waste site or other methamphetamine-related 
17site and cleaning up the site, whether these actions are 
18performed by public entities or private contractors paid by 
19public entities. 
20 "Emergency service provider" means a local, State, or 
21federal peace officer, firefighter, emergency medical 
22technician-ambulance, emergency medical 
23technician-intermediate, emergency medical 
24technician-paramedic, ambulance driver, or other medical or 
25first aid personnel rendering aid, or any agent or designee of 
26the foregoing. 
 
 
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1 "Finished methamphetamine" means methamphetamine in a form 
2commonly used for personal consumption.
3 "Firearm" has the meaning provided in Section 2-7.5 of the 
4Criminal Code of 2012 1.1 of the Firearm Owners Identification 
5Card Act. 
6 "Manufacture" means to produce, prepare, compound, 
7convert, process, synthesize, concentrate, purify, separate, 
8extract, or package any methamphetamine, methamphetamine 
9precursor, methamphetamine manufacturing catalyst, 
10methamphetamine manufacturing reagent, methamphetamine 
11manufacturing solvent, or any substance containing any of the 
12foregoing. 
13 "Methamphetamine" means the chemical methamphetamine (a 
14Schedule II controlled substance under the Illinois Controlled 
15Substances Act) or any salt, optical isomer, salt of optical 
16isomer, or analog thereof, with the exception of 
173,4-Methylenedioxymethamphetamine (MDMA) or any other 
18scheduled substance with a separate listing under the Illinois 
19Controlled Substances Act.
20 "Methamphetamine manufacturing catalyst" means any 
21substance that has been used, is being used, or is intended to 
22be used to activate, accelerate, extend, or improve a chemical 
23reaction involved in the manufacture of methamphetamine. 
24 "Methamphetamine manufacturing environment" means a 
25structure or vehicle in which: 
26  (1) methamphetamine is being or has been manufactured; 
 
 
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1  (2) chemicals that are being used, have been used, or 
2 are intended to be used to manufacture methamphetamine are 
3 stored; 
4  (3) methamphetamine manufacturing materials that have 
5 been used to manufacture methamphetamine are stored; or 
6  (4) methamphetamine manufacturing waste is stored. 
7 "Methamphetamine manufacturing material" means any 
8methamphetamine precursor, substance containing any 
9methamphetamine precursor, methamphetamine manufacturing 
10catalyst, substance containing any methamphetamine 
11manufacturing catalyst, methamphetamine manufacturing 
12reagent, substance containing any methamphetamine 
13manufacturing reagent, methamphetamine manufacturing solvent, 
14substance containing any methamphetamine manufacturing 
15solvent, or any other chemical, substance, ingredient, 
16equipment, apparatus, or item that is being used, has been 
17used, or is intended to be used in the manufacture of 
18methamphetamine. 
19 "Methamphetamine manufacturing reagent" means any 
20substance other than a methamphetamine manufacturing catalyst 
21that has been used, is being used, or is intended to be used to 
22react with and chemically alter any methamphetamine precursor.
23 "Methamphetamine manufacturing solvent" means any 
24substance that has been used, is being used, or is intended to 
25be used as a medium in which any methamphetamine precursor, 
26methamphetamine manufacturing catalyst, methamphetamine 
 
 
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1manufacturing reagent, or any substance containing any of the 
2foregoing is dissolved, diluted, or washed during any part of 
3the methamphetamine manufacturing process. 
4 "Methamphetamine manufacturing waste" means any chemical, 
5substance, ingredient, equipment, apparatus, or item that is 
6left over from, results from, or is produced by the process of 
7manufacturing methamphetamine, other than finished 
8methamphetamine. 
9 "Methamphetamine precursor" means ephedrine, 
10pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, 
11phenylacetone, phenyl-2-propanone, P2P, or any salt, optical 
12isomer, or salt of an optical isomer of any of these chemicals. 
13 "Multi-unit dwelling" means a unified structure used or 
14intended for use as a habitation, home, or residence that 
15contains 2 or more condominiums, apartments, hotel rooms, 
16motel rooms, or other living units. 
17 "Package" means an item marked for retail sale that is not 
18designed to be further broken down or subdivided for the 
19purpose of retail sale. 
20 "Participate" or "participation" in the manufacture of 
21methamphetamine means to produce, prepare, compound, convert, 
22process, synthesize, concentrate, purify, separate, extract, 
23or package any methamphetamine, methamphetamine precursor, 
24methamphetamine manufacturing catalyst, methamphetamine 
25manufacturing reagent, methamphetamine manufacturing solvent, 
26or any substance containing any of the foregoing, or to assist 
 
 
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1in any of these actions, or to attempt to take any of these 
2actions, regardless of whether this action or these actions 
3result in the production of finished methamphetamine. 
4 "Person with a disability" means a person who suffers from 
5a permanent physical or mental impairment resulting from 
6disease, injury, functional disorder, or congenital condition 
7which renders the person incapable of adequately providing for 
8his or her own health and personal care. 
9 "Procure" means to purchase, steal, gather, or otherwise 
10obtain, by legal or illegal means, or to cause another to take 
11such action. 
12 "Second or subsequent offense" means an offense under this 
13Act committed by an offender who previously committed an 
14offense under this Act, the Illinois Controlled Substances 
15Act, the Cannabis Control Act, or another Act of this State, 
16another state, or the United States relating to 
17methamphetamine, cannabis, or any other controlled substance. 
18 "Standard dosage form", as used in relation to any 
19methamphetamine precursor, means that the methamphetamine 
20precursor is contained in a pill, tablet, capsule, caplet, gel 
21cap, or liquid cap that has been manufactured by a lawful 
22entity and contains a standard quantity of methamphetamine 
23precursor. 
24 "Unauthorized container", as used in relation to anhydrous 
25ammonia, means any container that is not designed for the 
26specific and sole purpose of holding, storing, transporting, 
 
 
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1or applying anhydrous ammonia. "Unauthorized container" 
2includes, but is not limited to, any propane tank, fire 
3extinguisher, oxygen cylinder, gasoline can, food or beverage 
4cooler, or compressed gas cylinder used in dispensing fountain 
5drinks. "Unauthorized container" does not encompass anhydrous 
6ammonia manufacturing plants, refrigeration systems where 
7anhydrous ammonia is used solely as a refrigerant, anhydrous 
8ammonia transportation pipelines, anhydrous ammonia tankers, 
9or anhydrous ammonia barges. 
10(Source: P.A. 102-538, eff. 8-20-21.)

11 Section 170. The Code of Criminal Procedure of 1963 is 
12amended by changing Sections 102-7.1, 110-10, 112A-5.5, 
13112A-11.1, 112A-11.2, 112A-14, 112A-14.7, and 112A-17.5 as 
14follows:

15 (725 ILCS 5/102-7.1)
16 (Text of Section before amendment by P.A. 102-982)
17 Sec. 102-7.1. "Category A offense". "Category A offense" 
18means a Class 1 felony, Class 2 felony, Class X felony, first 
19degree murder, a violation of Section 11-204 of the Illinois 
20Vehicle Code, a second or subsequent violation of Section 
2111-501 of the Illinois Vehicle Code, a violation of subsection 
22(d) of Section 11-501 of the Illinois Vehicle Code, a 
23violation of Section 11-401 of the Illinois Vehicle Code if 
24the accident results in injury and the person failed to report 
 
 
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1the accident within 30 minutes, a violation of Section 9-3, 
29-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 
311-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 
412-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 
524-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a 
6second or subsequent violation of 12-3.2 or 12-3.4 of the 
7Criminal Code of 2012, a violation of paragraph (5) or (6) of 
8subsection (b) of Section 10-9 of the Criminal Code of 2012, a 
9violation of subsection (b) or (c) or paragraph (1) or (2) of 
10subsection (a) of Section 11-1.50 of the Criminal Code of 
112012, a violation of Section 12-7 of the Criminal Code of 2012 
12if the defendant inflicts bodily harm on the victim to obtain a 
13confession, statement, or information, a violation of Section 
1412-7.5 of the Criminal Code of 2012 if the action results in 
15bodily harm, a violation of paragraph (3) of subsection (b) of 
16Section 17-2 of the Criminal Code of 2012, a violation of 
17subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of 
182012, a violation of paragraph (6) of subsection (a) of 
19Section 24-1 of the Criminal Code of 2012, a first violation of 
20Section 24-1.6 of the Criminal Code of 2012 by a person 18 
21years of age or older where the factors listed in both items 
22(A) and (C) or both items (A-5) and (C) of paragraph (3) of 
23subsection (a) of Section 24-1.6 of the Criminal Code of 2012 
24are present, a Class 3 felony violation of paragraph (1) of 
25subsection (a) of Section 2 of the Firearm Owners 
26Identification Card Act committed before the effective date of 
 
 
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1this amendatory Act of the 103rd General Assembly, or a 
2violation of Section 10 of the Sex Offender Registration Act. 
3(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)

4 (Text of Section after amendment by P.A. 102-982)
5 Sec. 102-7.1. "Category A offense". "Category A offense" 
6means a Class 1 felony, Class 2 felony, Class X felony, first 
7degree murder, a violation of Section 11-204 of the Illinois 
8Vehicle Code, a second or subsequent violation of Section 
911-501 of the Illinois Vehicle Code, a violation of subsection 
10(d) of Section 11-501 of the Illinois Vehicle Code, a 
11violation of Section 11-401 of the Illinois Vehicle Code if 
12the crash results in injury and the person failed to report the 
13crash within 30 minutes, a violation of Section 9-3, 9-3.4, 
1410-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 
1512-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 
1612-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 
1725-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or 
18subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code 
19of 2012, a violation of paragraph (5) or (6) of subsection (b) 
20of Section 10-9 of the Criminal Code of 2012, a violation of 
21subsection (b) or (c) or paragraph (1) or (2) of subsection (a) 
22of Section 11-1.50 of the Criminal Code of 2012, a violation of 
23Section 12-7 of the Criminal Code of 2012 if the defendant 
24inflicts bodily harm on the victim to obtain a confession, 
25statement, or information, a violation of Section 12-7.5 of 
 
 
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1the Criminal Code of 2012 if the action results in bodily harm, 
2a violation of paragraph (3) of subsection (b) of Section 17-2 
3of the Criminal Code of 2012, a violation of subdivision 
4(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a 
5violation of paragraph (6) of subsection (a) of Section 24-1 
6of the Criminal Code of 2012, a first violation of Section 
724-1.6 of the Criminal Code of 2012 by a person 18 years of age 
8or older where the factors listed in both items (A) and (C) or 
9both items (A-5) and (C) of paragraph (3) of subsection (a) of 
10Section 24-1.6 of the Criminal Code of 2012 are present, a 
11Class 3 felony violation of paragraph (1) of subsection (a) of 
12Section 2 of the Firearm Owners Identification Card Act 
13committed before the effective date of this amendatory Act of 
14the 103rd General Assembly, or a violation of Section 10 of the 
15Sex Offender Registration Act. 
16(Source: P.A. 102-982, eff. 7-1-23.)

17 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
18 Sec. 110-10. Conditions of pretrial release. 
19 (a) If a person is released prior to conviction, the 
20conditions of pretrial release shall be that he or she will:
21  (1) Appear to answer the charge in the court having 
22 jurisdiction on a day certain and thereafter as ordered by 
23 the court until discharged or final order of the court;
24  (2) Submit himself or herself to the orders and 
25 process of the court;
 
 
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1  (3) (Blank);
2  (4) Not violate any criminal statute of any 
3 jurisdiction;
4  (5) At a time and place designated by the court, 
5 surrender all firearms in his or her possession to a law 
6 enforcement officer designated by the court to take 
7 custody of and impound the firearms and physically 
8 surrender his or her Firearm Owner's Identification Card 
9 to the clerk of the circuit court when the offense the 
10 person has been charged with is a forcible felony, 
11 stalking, aggravated stalking, domestic battery, any 
12 violation of the Illinois Controlled Substances Act, the 
13 Methamphetamine Control and Community Protection Act, or 
14 the Cannabis Control Act that is classified as a Class 2 or 
15 greater felony, or any felony violation of Article 24 of 
16 the Criminal Code of 1961 or the Criminal Code of 2012; the 
17 court may, however, forgo the imposition of this condition 
18 when the circumstances of the case clearly do not warrant 
19 it or when its imposition would be impractical; if the 
20 Firearm Owner's Identification Card is confiscated, the 
21 clerk of the circuit court shall mail the confiscated card 
22 to the Illinois State Police; all legally possessed 
23 firearms shall be returned to the person upon the charges 
24 being dismissed, or if the person is found not guilty, 
25 unless the finding of not guilty is by reason of insanity; 
26 and
 
 
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1  (6) At a time and place designated by the court, 
2 submit to a psychological evaluation when the person has 
3 been charged with a violation of item (4) of subsection 
4 (a) of Section 24-1 of the Criminal Code of 1961 or the 
5 Criminal Code of 2012 and that violation occurred in a 
6 school or in any conveyance owned, leased, or contracted 
7 by a school to transport students to or from school or a 
8 school-related activity, or on any public way within 1,000 
9 feet of real property comprising any school.
10 Psychological evaluations ordered pursuant to this Section 
11shall be completed promptly and made available to the State, 
12the defendant, and the court. As a further condition of 
13pretrial release under these circumstances, the court shall 
14order the defendant to refrain from entering upon the property 
15of the school, including any conveyance owned, leased, or 
16contracted by a school to transport students to or from school 
17or a school-related activity, or on any public way within 
181,000 feet of real property comprising any school. Upon 
19receipt of the psychological evaluation, either the State or 
20the defendant may request a change in the conditions of 
21pretrial release, pursuant to Section 110-6 of this Code. The 
22court may change the conditions of pretrial release to include 
23a requirement that the defendant follow the recommendations of 
24the psychological evaluation, including undergoing psychiatric 
25treatment. The conclusions of the psychological evaluation and 
26any statements elicited from the defendant during its 
 
 
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1administration are not admissible as evidence of guilt during 
2the course of any trial on the charged offense, unless the 
3defendant places his or her mental competency in issue.
4 (b) Additional conditions of release shall be set only 
5when it is determined that they are necessary to ensure the 
6defendant's appearance in court, ensure the defendant does not 
7commit any criminal offense, ensure the defendant complies 
8with all conditions of pretrial release, prevent the 
9defendant's unlawful interference with the orderly 
10administration of justice, or ensure compliance with the rules 
11and procedures of problem solving courts. However, conditions 
12shall include the least restrictive means and be 
13individualized. Conditions shall not mandate rehabilitative 
14services unless directly tied to the risk of pretrial 
15misconduct. Conditions of supervision shall not include 
16punitive measures such as community service work or 
17restitution. Conditions may include the following:
18  (0.05) Not depart this State without leave of the 
19 court; 
20  (1) Report to or appear in person before such person 
21 or agency as the court may direct;
22  (2) Refrain from possessing a firearm or other 
23 dangerous weapon;
24  (3) Refrain from approaching or communicating with 
25 particular persons or classes of persons;
26  (4) Refrain from going to certain described geographic 
 
 
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1 areas or premises;
2  (5) Be placed under direct supervision of the Pretrial 
3 Services Agency, Probation Department or Court Services 
4 Department in a pretrial home supervision capacity with or 
5 without the use of an approved electronic monitoring 
6 device subject to Article 8A of Chapter V of the Unified 
7 Code of Corrections;
8  (6) For persons charged with violating Section 11-501 
9 of the Illinois Vehicle Code, refrain from operating a 
10 motor vehicle not equipped with an ignition interlock 
11 device, as defined in Section 1-129.1 of the Illinois 
12 Vehicle Code, pursuant to the rules promulgated by the 
13 Secretary of State for the installation of ignition 
14 interlock devices. Under this condition the court may 
15 allow a defendant who is not self-employed to operate a 
16 vehicle owned by the defendant's employer that is not 
17 equipped with an ignition interlock device in the course 
18 and scope of the defendant's employment;
19  (7) Comply with the terms and conditions of an order 
20 of protection issued by the court under the Illinois 
21 Domestic Violence Act of 1986 or an order of protection 
22 issued by the court of another state, tribe, or United 
23 States territory;
24  (8) Sign a written admonishment requiring that he or 
25 she comply with the provisions of Section 110-12 regarding 
26 any change in his or her address. The defendant's address 
 
 
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1 shall at all times remain a matter of record with the clerk 
2 of the court; and
3  (9) Such other reasonable conditions as the court may 
4 impose, so long as these conditions are the least 
5 restrictive means to achieve the goals listed in 
6 subsection (b), are individualized, and are in accordance 
7 with national best practices as detailed in the Pretrial 
8 Supervision Standards of the Supreme Court.
9 The defendant shall receive verbal and written 
10notification of conditions of pretrial release and future 
11court dates, including the date, time, and location of court. 
12 (c) When a person is charged with an offense under Section 
1311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 
1412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the 
15Criminal Code of 2012, involving a victim who is a minor under 
1618 years of age living in the same household with the defendant 
17at the time of the offense, in releasing the defendant, the 
18judge shall impose conditions to restrict the defendant's 
19access to the victim which may include, but are not limited to 
20conditions that he will:
21  1. Vacate the household.
22  2. Make payment of temporary support to his 
23 dependents.
24  3. Refrain from contact or communication with the 
25 child victim, except as ordered by the court.
26 (d) When a person is charged with a criminal offense and 
 
 
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1the victim is a family or household member as defined in 
2Article 112A, conditions shall be imposed at the time of the 
3defendant's release that restrict the defendant's access to 
4the victim. Unless provided otherwise by the court, the 
5restrictions shall include requirements that the defendant do 
6the following:
7  (1) refrain from contact or communication with the 
8 victim for a minimum period of 72 hours following the 
9 defendant's release; and
10  (2) refrain from entering or remaining at the victim's 
11 residence for a minimum period of 72 hours following the 
12 defendant's release.
13 (e) Local law enforcement agencies shall develop 
14standardized pretrial release forms for use in cases involving 
15family or household members as defined in Article 112A, 
16including specific conditions of pretrial release as provided 
17in subsection (d). Failure of any law enforcement department 
18to develop or use those forms shall in no way limit the 
19applicability and enforcement of subsections (d) and (f).
20 (f) If the defendant is released after conviction 
21following appeal or other post-conviction proceeding, the 
22conditions of the pretrial release shall be that he will, in 
23addition to the conditions set forth in subsections (a) and 
24(b) hereof:
25  (1) Duly prosecute his appeal;
26  (2) Appear at such time and place as the court may 
 
 
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1 direct;
2  (3) Not depart this State without leave of the court;
3  (4) Comply with such other reasonable conditions as 
4 the court may impose; and
5  (5) If the judgment is affirmed or the cause reversed 
6 and remanded for a new trial, forthwith surrender to the 
7 officer from whose custody he was released.
8 (g) Upon a finding of guilty for any felony offense, the 
9defendant shall physically surrender, at a time and place 
10designated by the court, any and all firearms in his or her 
11possession and his or her Firearm Owner's Identification Card 
12as a condition of being released pending sentencing.
13(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23; 
14102-1104, eff. 1-1-23.)

15 (725 ILCS 5/112A-5.5)
16 Sec. 112A-5.5. Time for filing petition; service on 
17respondent, hearing on petition, and default orders. 
18 (a) A petition for a protective order may be filed at any 
19time, in person or online, after a criminal charge or 
20delinquency petition is filed and before the charge or 
21delinquency petition is dismissed, the defendant or juvenile 
22is acquitted, or the defendant or juvenile completes service 
23of his or her sentence.
24 (b) The request for an ex parte protective order may be 
25considered without notice to the respondent under Section 
 
 
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1112A-17.5 of this Code.
2 (c) A summons shall be issued and served for a protective 
3order. The summons may be served by delivery to the respondent 
4personally in open court in the criminal or juvenile 
5delinquency proceeding, in the form prescribed by subsection 
6(d) of Supreme Court Rule 101, except that it shall require the 
7respondent to answer or appear within 7 days. Attachments to 
8the summons shall include the petition for protective order, 
9supporting affidavits, if any, and any ex parte protective 
10order that has been issued.
11 (d) The summons shall be served by the sheriff or other law 
12enforcement officer at the earliest time available and shall 
13take precedence over any other summons, except those of a 
14similar emergency nature. Attachments to the summons shall 
15include the petition for protective order, supporting 
16affidavits, if any, and any ex parte protective order that has 
17been issued. Special process servers may be appointed at any 
18time and their designation shall not affect the 
19responsibilities and authority of the sheriff or other 
20official process servers. In a county with a population over 
213,000,000, a special process server may not be appointed if 
22the protective order grants the surrender of a child, the 
23surrender of a firearm or Firearm Owner's Identification Card, 
24or the exclusive possession of a shared residence.
25 (e) If the respondent is not served within 30 days of the 
26filing of the petition, the court shall schedule a court 
 
 
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1proceeding on the issue of service. Either the petitioner, the 
2petitioner's counsel, or the State's Attorney shall appear and 
3the court shall either order continued attempts at personal 
4service or shall order service by publication, in accordance 
5with Sections 2-203, 2-206, and 2-207 of the Code of Civil 
6Procedure.
7 (f) The request for a final protective order can be 
8considered at any court proceeding in the delinquency or 
9criminal case after service of the petition. If the petitioner 
10has not been provided notice of the court proceeding at least 
1110 days in advance of the proceeding, the court shall schedule 
12a hearing on the petition and provide notice to the 
13petitioner.
14 (f-5) A court in a county with a population above 250,000 
15shall offer the option of a remote hearing to a petitioner for 
16a protective order. The court has the discretion to grant or 
17deny the request for a remote hearing. Each court shall 
18determine the procedure for a remote hearing. The petitioner 
19and respondent may appear remotely or in person.
20 The court shall issue and publish a court order, standing 
21order, or local rule detailing information about the process 
22for requesting and participating in a remote court appearance. 
23The court order, standing order, or local rule shall be 
24published on the court's website and posted on signs 
25throughout the courthouse, including in the clerk's office. 
26The sign shall be written in plain language and include 
 
 
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1information about the availability of remote court appearances 
2and the process for requesting a remote hearing. 
3 (g) Default orders.
4  (1) A final domestic violence order of protection may 
5 be entered by default:
6   (A) for any of the remedies sought in the 
7 petition, if the respondent has been served with 
8 documents under subsection (b) or (c) of this Section 
9 and if the respondent fails to appear on the specified 
10 return date or any subsequent hearing date agreed to 
11 by the petitioner and respondent or set by the court; 
12 or
13   (B) for any of the remedies provided under 
14 paragraph (1), (2), (3), (5), (6), (7), (8), (9), 
15 (10), (11), (14), (15), (17), or (18) of subsection 
16 (b) of Section 112A-14 of this Code, or if the 
17 respondent fails to answer or appear in accordance 
18 with the date set in the publication notice or the 
19 return date indicated on the service of a household 
20 member.
21  (2) A final civil no contact order may be entered by 
22 default for any of the remedies provided in Section 
23 112A-14.5 of this Code, if the respondent has been served 
24 with documents under subsection (b) or (c) of this 
25 Section, and if the respondent fails to answer or appear 
26 in accordance with the date set in the publication notice 
 
 
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1 or the return date indicated on the service of a household 
2 member.
3  (3) A final stalking no contact order may be entered 
4 by default for any of the remedies provided by Section 
5 112A-14.7 of this Code, if the respondent has been served 
6 with documents under subsection (b) or (c) of this Section 
7 and if the respondent fails to answer or appear in 
8 accordance with the date set in the publication notice or 
9 the return date indicated on the service of a household 
10 member. 
11(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)

12 (725 ILCS 5/112A-11.1)
13 Sec. 112A-11.1. Procedure for determining whether certain 
14misdemeanor crimes are crimes of domestic violence for 
15purposes of federal law.
16 (a) When a defendant has been charged with a violation of 
17Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the 
18Criminal Code of 1961 or the Criminal Code of 2012, the State 
19may, at arraignment or no later than 45 days after 
20arraignment, for the purpose of notification to the Illinois 
21State Police Firearm Owner's Identification Card Office, serve 
22on the defendant and file with the court a notice alleging that 
23conviction of the offense would subject the defendant to the 
24prohibitions of 18 U.S.C. 922(g)(9) because of the 
25relationship between the defendant and the alleged victim and 
 
 
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1the nature of the alleged offense.
2 (b) The notice shall include the name of the person 
3alleged to be the victim of the crime and shall specify the 
4nature of the alleged relationship as set forth in 18 U.S.C. 
5921(a)(33)(A)(ii). It shall also specify the element of the 
6charged offense which requires the use or attempted use of 
7physical force, or the threatened use of a deadly weapon, as 
8set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include 
9notice that the defendant is entitled to a hearing on the 
10allegation contained in the notice and that if the allegation 
11is sustained, that determination and conviction shall be 
12reported to the Illinois State Police Firearm Owner's 
13Identification Card Office.
14 (c) After having been notified as provided in subsection 
15(b) of this Section, the defendant may stipulate or admit, 
16orally on the record or in writing, that conviction of the 
17offense would subject the defendant to the prohibitions of 18 
18U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. 
19922(g)(9) shall be deemed established for purposes of Section 
20112A-11.2. If the defendant denies the applicability of 18 
21U.S.C. 922(g)(9) as alleged in the notice served by the State, 
22or stands mute with respect to that allegation, then the State 
23shall bear the burden to prove beyond a reasonable doubt that 
24the offense is one to which the prohibitions of 18 U.S.C. 
25922(g)(9) apply. The court may consider reliable hearsay 
26evidence submitted by either party provided that it is 
 
 
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1relevant to the determination of the allegation. Facts 
2previously proven at trial or elicited at the time of entry of 
3a plea of guilty shall be deemed established beyond a 
4reasonable doubt and shall not be relitigated. At the 
5conclusion of the hearing, or upon a stipulation or admission, 
6as applicable, the court shall make a specific written 
7determination with respect to the allegation.
8(Source: P.A. 102-538, eff. 8-20-21.)

9 (725 ILCS 5/112A-11.2)
10 Sec. 112A-11.2. Notification to the Illinois State Police 
11Firearm Owner's Identification Card Office of determinations 
12in certain misdemeanor cases. Upon judgment of conviction of a 
13violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
1412-3.5 of the Criminal Code of 1961 or the Criminal Code of 
152012 when the defendant has been determined, under Section 
16112A-11.1, to be subject to the prohibitions of 18 U.S.C. 
17922(g)(9), the circuit court clerk shall include notification 
18and a copy of the written determination in a report of the 
19conviction to the Illinois State Police Firearm Owner's 
20Identification Card Office to enable the office to report that 
21determination to the Federal Bureau of Investigation and 
22assist the Bureau in identifying persons prohibited from 
23purchasing and possessing a firearm pursuant to the provisions 
24of 18 U.S.C. 922.
25(Source: P.A. 102-538, eff. 8-20-21.)

 
 
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1 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
2 Sec. 112A-14. Domestic violence order of protection; 
3remedies. 
4 (a) (Blank).
5 (b) The court may order any of the remedies listed in this 
6subsection (b). The remedies listed in this subsection (b) 
7shall be in addition to other civil or criminal remedies 
8available to petitioner.
9  (1) Prohibition of abuse. Prohibit respondent's 
10 harassment, interference with personal liberty, 
11 intimidation of a dependent, physical abuse, or willful 
12 deprivation, as defined in this Article, if such abuse has 
13 occurred or otherwise appears likely to occur if not 
14 prohibited.
15  (2) Grant of exclusive possession of residence. 
16 Prohibit respondent from entering or remaining in any 
17 residence, household, or premises of the petitioner, 
18 including one owned or leased by respondent, if petitioner 
19 has a right to occupancy thereof. The grant of exclusive 
20 possession of the residence, household, or premises shall 
21 not affect title to real property, nor shall the court be 
22 limited by the standard set forth in subsection (c-2) of 
23 Section 501 of the Illinois Marriage and Dissolution of 
24 Marriage Act.
25   (A) Right to occupancy. A party has a right to 
 
 
HB4327- 357 -LRB103 34892 RLC 64759 b


1 occupancy of a residence or household if it is solely 
2 or jointly owned or leased by that party, that party's 
3 spouse, a person with a legal duty to support that 
4 party or a minor child in that party's care, or by any 
5 person or entity other than the opposing party that 
6 authorizes that party's occupancy (e.g., a domestic 
7 violence shelter). Standards set forth in subparagraph 
8 (B) shall not preclude equitable relief.
9   (B) Presumption of hardships. If petitioner and 
10 respondent each has the right to occupancy of a 
11 residence or household, the court shall balance (i) 
12 the hardships to respondent and any minor child or 
13 dependent adult in respondent's care resulting from 
14 entry of this remedy with (ii) the hardships to 
15 petitioner and any minor child or dependent adult in 
16 petitioner's care resulting from continued exposure to 
17 the risk of abuse (should petitioner remain at the 
18 residence or household) or from loss of possession of 
19 the residence or household (should petitioner leave to 
20 avoid the risk of abuse). When determining the balance 
21 of hardships, the court shall also take into account 
22 the accessibility of the residence or household. 
23 Hardships need not be balanced if respondent does not 
24 have a right to occupancy.
25   The balance of hardships is presumed to favor 
26 possession by petitioner unless the presumption is 
 
 
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1 rebutted by a preponderance of the evidence, showing 
2 that the hardships to respondent substantially 
3 outweigh the hardships to petitioner and any minor 
4 child or dependent adult in petitioner's care. The 
5 court, on the request of petitioner or on its own 
6 motion, may order respondent to provide suitable, 
7 accessible, alternate housing for petitioner instead 
8 of excluding respondent from a mutual residence or 
9 household.
10  (3) Stay away order and additional prohibitions. Order 
11 respondent to stay away from petitioner or any other 
12 person protected by the domestic violence order of 
13 protection, or prohibit respondent from entering or 
14 remaining present at petitioner's school, place of 
15 employment, or other specified places at times when 
16 petitioner is present, or both, if reasonable, given the 
17 balance of hardships. Hardships need not be balanced for 
18 the court to enter a stay away order or prohibit entry if 
19 respondent has no right to enter the premises.
20   (A) If a domestic violence order of protection 
21 grants petitioner exclusive possession of the 
22 residence, prohibits respondent from entering the 
23 residence, or orders respondent to stay away from 
24 petitioner or other protected persons, then the court 
25 may allow respondent access to the residence to remove 
26 items of clothing and personal adornment used 
 
 
HB4327- 359 -LRB103 34892 RLC 64759 b


1 exclusively by respondent, medications, and other 
2 items as the court directs. The right to access shall 
3 be exercised on only one occasion as the court directs 
4 and in the presence of an agreed-upon adult third 
5 party or law enforcement officer.
6   (B) When the petitioner and the respondent attend 
7 the same public, private, or non-public elementary, 
8 middle, or high school, the court when issuing a 
9 domestic violence order of protection and providing 
10 relief shall consider the severity of the act, any 
11 continuing physical danger or emotional distress to 
12 the petitioner, the educational rights guaranteed to 
13 the petitioner and respondent under federal and State 
14 law, the availability of a transfer of the respondent 
15 to another school, a change of placement or a change of 
16 program of the respondent, the expense, difficulty, 
17 and educational disruption that would be caused by a 
18 transfer of the respondent to another school, and any 
19 other relevant facts of the case. The court may order 
20 that the respondent not attend the public, private, or 
21 non-public elementary, middle, or high school attended 
22 by the petitioner, order that the respondent accept a 
23 change of placement or change of program, as 
24 determined by the school district or private or 
25 non-public school, or place restrictions on the 
26 respondent's movements within the school attended by 
 
 
HB4327- 360 -LRB103 34892 RLC 64759 b


1 the petitioner. The respondent bears the burden of 
2 proving by a preponderance of the evidence that a 
3 transfer, change of placement, or change of program of 
4 the respondent is not available. The respondent also 
5 bears the burden of production with respect to the 
6 expense, difficulty, and educational disruption that 
7 would be caused by a transfer of the respondent to 
8 another school. A transfer, change of placement, or 
9 change of program is not unavailable to the respondent 
10 solely on the ground that the respondent does not 
11 agree with the school district's or private or 
12 non-public school's transfer, change of placement, or 
13 change of program or solely on the ground that the 
14 respondent fails or refuses to consent or otherwise 
15 does not take an action required to effectuate a 
16 transfer, change of placement, or change of program. 
17 When a court orders a respondent to stay away from the 
18 public, private, or non-public school attended by the 
19 petitioner and the respondent requests a transfer to 
20 another attendance center within the respondent's 
21 school district or private or non-public school, the 
22 school district or private or non-public school shall 
23 have sole discretion to determine the attendance 
24 center to which the respondent is transferred. If the 
25 court order results in a transfer of the minor 
26 respondent to another attendance center, a change in 
 
 
HB4327- 361 -LRB103 34892 RLC 64759 b


1 the respondent's placement, or a change of the 
2 respondent's program, the parents, guardian, or legal 
3 custodian of the respondent is responsible for 
4 transportation and other costs associated with the 
5 transfer or change.
6   (C) The court may order the parents, guardian, or 
7 legal custodian of a minor respondent to take certain 
8 actions or to refrain from taking certain actions to 
9 ensure that the respondent complies with the order. If 
10 the court orders a transfer of the respondent to 
11 another school, the parents, guardian, or legal 
12 custodian of the respondent is responsible for 
13 transportation and other costs associated with the 
14 change of school by the respondent. 
15  (4) Counseling. Require or recommend the respondent to 
16 undergo counseling for a specified duration with a social 
17 worker, psychologist, clinical psychologist, 
18 psychiatrist, family service agency, alcohol or substance 
19 abuse program, mental health center guidance counselor, 
20 agency providing services to elders, program designed for 
21 domestic violence abusers, or any other guidance service 
22 the court deems appropriate. The court may order the 
23 respondent in any intimate partner relationship to report 
24 to an Illinois Department of Human Services protocol 
25 approved partner abuse intervention program for an 
26 assessment and to follow all recommended treatment. 
 
 
HB4327- 362 -LRB103 34892 RLC 64759 b


1  (5) Physical care and possession of the minor child. 
2 In order to protect the minor child from abuse, neglect, 
3 or unwarranted separation from the person who has been the 
4 minor child's primary caretaker, or to otherwise protect 
5 the well-being of the minor child, the court may do either 
6 or both of the following: (i) grant petitioner physical 
7 care or possession of the minor child, or both, or (ii) 
8 order respondent to return a minor child to, or not remove 
9 a minor child from, the physical care of a parent or person 
10 in loco parentis.
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 physical care to 
14 respondent would not be in the minor child's best 
15 interest.
16  (6) Temporary allocation of parental responsibilities 
17 and significant decision-making responsibilities. Award 
18 temporary significant decision-making responsibility to 
19 petitioner in accordance with this Section, the Illinois 
20 Marriage and Dissolution of Marriage Act, the Illinois 
21 Parentage Act of 2015, and this State's Uniform 
22 Child-Custody Jurisdiction and Enforcement Act. 
23  If the respondent is charged with abuse (as defined in 
24 Section 112A-3 of this Code) of a minor child, there shall 
25 be a rebuttable presumption that awarding temporary 
26 significant decision-making responsibility to respondent 
 
 
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1 would not be in the child's best interest.
2  (7) Parenting time. Determine the parenting time, if 
3 any, of respondent in any case in which the court awards 
4 physical care or temporary significant decision-making 
5 responsibility of a minor child to petitioner. The court 
6 shall restrict or deny respondent's parenting time with a 
7 minor child if the court finds that respondent has done or 
8 is likely to do any of the following:
9   (i) abuse or endanger the minor child during 
10 parenting time;
11   (ii) use the parenting time as an opportunity to 
12 abuse or harass petitioner or petitioner's family or 
13 household members;
14   (iii) improperly conceal or detain the minor 
15 child; or
16   (iv) otherwise act in a manner that is not in the 
17 best interests of the minor child. 
18  The court shall not be limited by the standards set 
19 forth in Section 603.10 of the Illinois Marriage and 
20 Dissolution of Marriage Act. If the court grants parenting 
21 time, the order shall specify dates and times for the 
22 parenting time to take place or other specific parameters 
23 or conditions that are appropriate. No order for parenting 
24 time shall refer merely to the term "reasonable parenting 
25 time". Petitioner may deny respondent access to the minor 
26 child if, when respondent arrives for parenting time, 
 
 
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1 respondent is under the influence of drugs or alcohol and 
2 constitutes a threat to the safety and well-being of 
3 petitioner or petitioner's minor children or is behaving 
4 in a violent or abusive manner. If necessary to protect 
5 any member of petitioner's family or household from future 
6 abuse, respondent shall be prohibited from coming to 
7 petitioner's residence to meet the minor child for 
8 parenting time, and the petitioner and respondent shall 
9 submit to the court their recommendations for reasonable 
10 alternative arrangements for parenting time. A person may 
11 be approved to supervise parenting time only after filing 
12 an affidavit accepting that responsibility and 
13 acknowledging accountability to the court.
14  (8) Removal or concealment of minor child. Prohibit 
15 respondent from removing a minor child from the State or 
16 concealing the child within the State.
17  (9) Order to appear. Order the respondent to appear in 
18 court, alone or with a minor child, to prevent abuse, 
19 neglect, removal or concealment of the child, to return 
20 the child to the custody or care of the petitioner, or to 
21 permit any court-ordered interview or examination of the 
22 child or the respondent.
23  (10) Possession of personal property. Grant petitioner 
24 exclusive possession of personal property and, if 
25 respondent has possession or control, direct respondent to 
26 promptly make it available to petitioner, if:
 
 
HB4327- 365 -LRB103 34892 RLC 64759 b


1   (i) petitioner, but not respondent, owns the 
2 property; or
3   (ii) the petitioner and respondent own the 
4 property jointly; sharing it would risk abuse of 
5 petitioner by respondent or is impracticable; and the 
6 balance of hardships favors temporary possession by 
7 petitioner.
8  If petitioner's sole claim to ownership of the 
9 property is that it is marital property, the court may 
10 award petitioner temporary possession thereof under the 
11 standards of subparagraph (ii) of this paragraph only if a 
12 proper proceeding has been filed under the Illinois 
13 Marriage and Dissolution of Marriage Act, as now or 
14 hereafter amended.
15  No order under this provision shall affect title to 
16 property.
17  (11) Protection of property. Forbid the respondent 
18 from taking, transferring, encumbering, concealing, 
19 damaging, or otherwise disposing of any real or personal 
20 property, except as explicitly authorized by the court, 
21 if:
22   (i) petitioner, but not respondent, owns the 
23 property; or
24   (ii) the petitioner and respondent own the 
25 property jointly, and the balance of hardships favors 
26 granting this remedy.
 
 
HB4327- 366 -LRB103 34892 RLC 64759 b


1  If petitioner's sole claim to ownership of the 
2 property is that it is marital property, the court may 
3 grant petitioner relief under subparagraph (ii) of this 
4 paragraph only if a proper proceeding has been filed under 
5 the Illinois Marriage and Dissolution of Marriage Act, as 
6 now or hereafter amended.
7  The court may further prohibit respondent from 
8 improperly using the financial or other resources of an 
9 aged member of the family or household for the profit or 
10 advantage of respondent or of any other person.
11  (11.5) Protection of animals. Grant the petitioner the 
12 exclusive care, custody, or control of any animal owned, 
13 possessed, leased, kept, or held by either the petitioner 
14 or the respondent or a minor child residing in the 
15 residence or household of either the petitioner or the 
16 respondent and order the respondent to stay away from the 
17 animal and forbid the respondent from taking, 
18 transferring, encumbering, concealing, harming, or 
19 otherwise disposing of the animal. 
20  (12) Order for payment of support. Order respondent to 
21 pay temporary support for the petitioner or any child in 
22 the petitioner's care or over whom the petitioner has been 
23 allocated parental responsibility, when the respondent has 
24 a legal obligation to support that person, in accordance 
25 with the Illinois Marriage and Dissolution of Marriage 
26 Act, which shall govern, among other matters, the amount 
 
 
HB4327- 367 -LRB103 34892 RLC 64759 b


1 of support, payment through the clerk and withholding of 
2 income to secure payment. An order for child support may 
3 be granted to a petitioner with lawful physical care of a 
4 child, or an order or agreement for physical care of a 
5 child, prior to entry of an order allocating significant 
6 decision-making responsibility. Such a support order shall 
7 expire upon entry of a valid order allocating parental 
8 responsibility differently and vacating petitioner's 
9 significant decision-making responsibility unless 
10 otherwise provided in the order.
11  (13) Order for payment of losses. Order respondent to 
12 pay petitioner for losses suffered as a direct result of 
13 the abuse. Such losses shall include, but not be limited 
14 to, medical expenses, lost earnings or other support, 
15 repair or replacement of property damaged or taken, 
16 reasonable attorney's fees, court costs, and moving or 
17 other travel expenses, including additional reasonable 
18 expenses for temporary shelter and restaurant meals.
19   (i) Losses affecting family needs. If a party is 
20 entitled to seek maintenance, child support, or 
21 property distribution from the other party under the 
22 Illinois Marriage and Dissolution of Marriage Act, as 
23 now or hereafter amended, the court may order 
24 respondent to reimburse petitioner's actual losses, to 
25 the extent that such reimbursement would be 
26 "appropriate temporary relief", as authorized by 
 
 
HB4327- 368 -LRB103 34892 RLC 64759 b


1 subsection (a)(3) of Section 501 of that Act.
2   (ii) Recovery of expenses. In the case of an 
3 improper concealment or removal of a minor child, the 
4 court may order respondent to pay the reasonable 
5 expenses incurred or to be incurred in the search for 
6 and recovery of the minor child, including, but not 
7 limited to, legal fees, court costs, private 
8 investigator fees, and travel costs.
9  (14) Prohibition of entry. Prohibit the respondent 
10 from entering or remaining in the residence or household 
11 while the respondent is under the influence of alcohol or 
12 drugs and constitutes a threat to the safety and 
13 well-being of the petitioner or the petitioner's children.
14  (14.5) Prohibition of firearm possession. 
15   (A) A person who is subject to an existing 
16 domestic violence order of protection issued under 
17 this Code may not lawfully possess firearms, stun 
18 guns, or tasers weapons or a Firearm Owner's 
19 Identification Card under Section 8.2 of the Firearm 
20 Owners Identification Card Act.
21   (B) Any firearms in the possession of the 
22 respondent, except as provided in subparagraph (C) of 
23 this paragraph (14.5), shall be ordered by the court 
24 to be turned over to a person who is not prohibited 
25 under State or federal law from possessing firearms 
26 with a valid Firearm Owner's Identification Card for 
 
 
HB4327- 369 -LRB103 34892 RLC 64759 b


1 safekeeping. The court shall issue an order that the 
2 respondent comply with Section 9.5 of the Firearm 
3 Owners Identification Card Act. 
4   (C) If the respondent is a peace officer as 
5 defined in Section 2-13 of the Criminal Code of 2012, 
6 the court shall order that any firearms used by the 
7 respondent in the performance of his or her duties as a 
8 peace officer be surrendered to the chief law 
9 enforcement executive of the agency in which the 
10 respondent is employed, who shall retain the firearms 
11 for safekeeping for the duration of the domestic 
12 violence order of protection.
13   (D) Upon expiration of the period of safekeeping, 
14 if the firearms or Firearm Owner's Identification Card 
15 cannot be returned to respondent because respondent 
16 cannot be located, fails to respond to requests to 
17 retrieve the firearms, or is not lawfully eligible to 
18 possess a firearm, upon petition from the local law 
19 enforcement agency, the court may order the local law 
20 enforcement agency to destroy the firearms, use the 
21 firearms for training purposes, or for any other 
22 application as deemed appropriate by the local law 
23 enforcement agency; or that the firearms be turned 
24 over to a third party who is lawfully eligible to 
25 possess firearms, and who does not reside with 
26 respondent. 
 
 
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1  (15) Prohibition of access to records. If a domestic 
2 violence order of protection prohibits respondent from 
3 having contact with the minor child, or if petitioner's 
4 address is omitted under subsection (b) of Section 112A-5 
5 of this Code, or if necessary to prevent abuse or wrongful 
6 removal or concealment of a minor child, the order shall 
7 deny respondent access to, and prohibit respondent from 
8 inspecting, obtaining, or attempting to inspect or obtain, 
9 school or any other records of the minor child who is in 
10 the care of petitioner.
11  (16) Order for payment of shelter services. Order 
12 respondent to reimburse a shelter providing temporary 
13 housing and counseling services to the petitioner for the 
14 cost of the services, as certified by the shelter and 
15 deemed reasonable by the court.
16  (17) Order for injunctive relief. Enter injunctive 
17 relief necessary or appropriate to prevent further abuse 
18 of a family or household member or to effectuate one of the 
19 granted remedies, if supported by the balance of 
20 hardships. If the harm to be prevented by the injunction 
21 is abuse or any other harm that one of the remedies listed 
22 in paragraphs (1) through (16) of this subsection is 
23 designed to prevent, no further evidence is necessary to 
24 establish that the harm is an irreparable injury.
25  (18) Telephone services.
26   (A) Unless a condition described in subparagraph 
 
 
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1 (B) of this paragraph exists, the court may, upon 
2 request by the petitioner, order a wireless telephone 
3 service provider to transfer to the petitioner the 
4 right to continue to use a telephone number or numbers 
5 indicated by the petitioner and the financial 
6 responsibility associated with the number or numbers, 
7 as set forth in subparagraph (C) of this paragraph. In 
8 this paragraph (18), the term "wireless telephone 
9 service provider" means a provider of commercial 
10 mobile service as defined in 47 U.S.C. 332. The 
11 petitioner may request the transfer of each telephone 
12 number that the petitioner, or a minor child in his or 
13 her custody, uses. The clerk of the court shall serve 
14 the order on the wireless telephone service provider's 
15 agent for service of process provided to the Illinois 
16 Commerce Commission. The order shall contain all of 
17 the following: 
18    (i) The name and billing telephone number of 
19 the account holder including the name of the 
20 wireless telephone service provider that serves 
21 the account.
22    (ii) Each telephone number that will be 
23 transferred.
24    (iii) A statement that the provider transfers 
25 to the petitioner all financial responsibility for 
26 and right to the use of any telephone number 
 
 
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1 transferred under this paragraph.
2   (B) A wireless telephone service provider shall 
3 terminate the respondent's use of, and shall transfer 
4 to the petitioner use of, the telephone number or 
5 numbers indicated in subparagraph (A) of this 
6 paragraph unless it notifies the petitioner, within 72 
7 hours after it receives the order, that one of the 
8 following applies:
9    (i) The account holder named in the order has 
10 terminated the account.
11    (ii) A difference in network technology would 
12 prevent or impair the functionality of a device on 
13 a network if the transfer occurs.
14    (iii) The transfer would cause a geographic or 
15 other limitation on network or service provision 
16 to the petitioner.
17    (iv) Another technological or operational 
18 issue would prevent or impair the use of the 
19 telephone number if the transfer occurs.
20   (C) The petitioner assumes all financial 
21 responsibility for and right to the use of any 
22 telephone number transferred under this paragraph. In 
23 this paragraph, "financial responsibility" includes 
24 monthly service costs and costs associated with any 
25 mobile device associated with the number.
26   (D) A wireless telephone service provider may 
 
 
HB4327- 373 -LRB103 34892 RLC 64759 b


1 apply to the petitioner its routine and customary 
2 requirements for establishing an account or 
3 transferring a number, including requiring the 
4 petitioner to provide proof of identification, 
5 financial information, and customer preferences.
6   (E) Except for willful or wanton misconduct, a 
7 wireless telephone service provider is immune from 
8 civil liability for its actions taken in compliance 
9 with a court order issued under this paragraph.
10   (F) All wireless service providers that provide 
11 services to residential customers shall provide to the 
12 Illinois Commerce Commission the name and address of 
13 an agent for service of orders entered under this 
14 paragraph (18). Any change in status of the registered 
15 agent must be reported to the Illinois Commerce 
16 Commission within 30 days of such change. 
17   (G) The Illinois Commerce Commission shall 
18 maintain the list of registered agents for service for 
19 each wireless telephone service provider on the 
20 Commission's website. The Commission may consult with 
21 wireless telephone service providers and the Circuit 
22 Court Clerks on the manner in which this information 
23 is provided and displayed. 
24 (c) Relevant factors; findings.
25  (1) In determining whether to grant a specific remedy, 
26 other than payment of support, the court shall consider 
 
 
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1 relevant factors, including, but not limited to, the 
2 following:
3   (i) the nature, frequency, severity, pattern, and 
4 consequences of the respondent's past abuse of the 
5 petitioner or any family or household member, 
6 including the concealment of his or her location in 
7 order to evade service of process or notice, and the 
8 likelihood of danger of future abuse to petitioner or 
9 any member of petitioner's or respondent's family or 
10 household; and
11   (ii) the danger that any minor child will be 
12 abused or neglected or improperly relocated from the 
13 jurisdiction, improperly concealed within the State, 
14 or improperly separated from the child's primary 
15 caretaker.
16  (2) In comparing relative hardships resulting to the 
17 parties from loss of possession of the family home, the 
18 court shall consider relevant factors, including, but not 
19 limited to, the following:
20   (i) availability, accessibility, cost, safety, 
21 adequacy, location, and other characteristics of 
22 alternate housing for each party and any minor child 
23 or dependent adult in the party's care;
24   (ii) the effect on the party's employment; and
25   (iii) the effect on the relationship of the party, 
26 and any minor child or dependent adult in the party's 
 
 
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1 care, to family, school, church, and community.
2  (3) Subject to the exceptions set forth in paragraph 
3 (4) of this subsection (c), the court shall make its 
4 findings in an official record or in writing, and shall at 
5 a minimum set forth the following:
6   (i) That the court has considered the applicable 
7 relevant factors described in paragraphs (1) and (2) 
8 of this subsection (c).
9   (ii) Whether the conduct or actions of respondent, 
10 unless prohibited, will likely cause irreparable harm 
11 or continued abuse.
12   (iii) Whether it is necessary to grant the 
13 requested relief in order to protect petitioner or 
14 other alleged abused persons.
15  (4) (Blank).
16  (5) Never married parties. No rights or 
17 responsibilities for a minor child born outside of 
18 marriage attach to a putative father until a father and 
19 child relationship has been established under the Illinois 
20 Parentage Act of 1984, the Illinois Parentage Act of 2015, 
21 the Illinois Public Aid Code, Section 12 of the Vital 
22 Records Act, the Juvenile Court Act of 1987, the Probate 
23 Act of 1975, the Uniform Interstate Family Support Act, 
24 the Expedited Child Support Act of 1990, any judicial, 
25 administrative, or other act of another state or 
26 territory, any other statute of this State, or by any 
 
 
HB4327- 376 -LRB103 34892 RLC 64759 b


1 foreign nation establishing the father and child 
2 relationship, any other proceeding substantially in 
3 conformity with the federal Personal Responsibility and 
4 Work Opportunity Reconciliation Act of 1996, or when both 
5 parties appeared in open court or at an administrative 
6 hearing acknowledging under oath or admitting by 
7 affirmation the existence of a father and child 
8 relationship. Absent such an adjudication, no putative 
9 father shall be granted temporary allocation of parental 
10 responsibilities, including parenting time with the minor 
11 child, or physical care and possession of the minor child, 
12 nor shall an order of payment for support of the minor 
13 child be entered.
14 (d) Balance of hardships; findings. If the court finds 
15that the balance of hardships does not support the granting of 
16a remedy governed by paragraph (2), (3), (10), (11), or (16) of 
17subsection (b) of this Section, which may require such 
18balancing, the court's findings shall so indicate and shall 
19include a finding as to whether granting the remedy will 
20result in hardship to respondent that would substantially 
21outweigh the hardship to petitioner from denial of the remedy. 
22The findings shall be an official record or in writing.
23 (e) Denial of remedies. Denial of any remedy shall not be 
24based, in whole or in part, on evidence that:
25  (1) respondent has cause for any use of force, unless 
26 that cause satisfies the standards for justifiable use of 
 
 
HB4327- 377 -LRB103 34892 RLC 64759 b


1 force provided by Article 7 of the Criminal Code of 2012;
2  (2) respondent was voluntarily intoxicated;
3  (3) petitioner acted in self-defense or defense of 
4 another, provided that, if petitioner utilized force, such 
5 force was justifiable under Article 7 of the Criminal Code 
6 of 2012; 
7  (4) petitioner did not act in self-defense or defense 
8 of another;
9  (5) petitioner left the residence or household to 
10 avoid further abuse by respondent;
11  (6) petitioner did not leave the residence or 
12 household to avoid further abuse by respondent; or 
13  (7) conduct by any family or household member excused 
14 the abuse by respondent, unless that same conduct would 
15 have excused such abuse if the parties had not been family 
16 or household members.
17(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
18102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

19 (725 ILCS 5/112A-14.7)
20 Sec. 112A-14.7. Stalking no contact order; remedies.
21 (a) The court may order any of the remedies listed in this 
22Section. The remedies listed in this Section shall be in 
23addition to other civil or criminal remedies available to 
24petitioner. A stalking no contact order shall order one or 
25more of the following:
 
 
HB4327- 378 -LRB103 34892 RLC 64759 b


1  (1) prohibit the respondent from threatening to commit 
2 or committing stalking;
3  (2) order the respondent not to have any contact with 
4 the petitioner or a third person specifically named by the 
5 court;
6  (3) prohibit the respondent from knowingly coming 
7 within, or knowingly remaining within a specified distance 
8 of the petitioner or the petitioner's residence, school, 
9 daycare, or place of employment, or any specified place 
10 frequented by the petitioner; however, the court may order 
11 the respondent to stay away from the respondent's own 
12 residence, school, or place of employment only if the 
13 respondent has been provided actual notice of the 
14 opportunity to appear and be heard on the petition;
15  (4) prohibit the respondent from possessing a Firearm 
16 Owners Identification Card, or possessing or buying 
17 firearms; and
18  (5) order other injunctive relief the court determines 
19 to be necessary to protect the petitioner or third party 
20 specifically named by the court.
21 (b) When the petitioner and the respondent attend the same 
22public, private, or non-public elementary, middle, or high 
23school, the court when issuing a stalking no contact order and 
24providing relief shall consider the severity of the act, any 
25continuing physical danger or emotional distress to the 
26petitioner, the educational rights guaranteed to the 
 
 
HB4327- 379 -LRB103 34892 RLC 64759 b


1petitioner and respondent under federal and State law, the 
2availability of a transfer of the respondent to another 
3school, a change of placement or a change of program of the 
4respondent, the expense, difficulty, and educational 
5disruption that would be caused by a transfer of the 
6respondent to another school, and any other relevant facts of 
7the case. The court may order that the respondent not attend 
8the public, private, or non-public elementary, middle, or high 
9school attended by the petitioner, order that the respondent 
10accept a change of placement or program, as determined by the 
11school district or private or non-public school, or place 
12restrictions on the respondent's movements within the school 
13attended by the petitioner. The respondent bears the burden of 
14proving by a preponderance of the evidence that a transfer, 
15change of placement, or change of program of the respondent is 
16not available. The respondent also bears the burden of 
17production with respect to the expense, difficulty, and 
18educational disruption that would be caused by a transfer of 
19the respondent to another school. A transfer, change of 
20placement, or change of program is not unavailable to the 
21respondent solely on the ground that the respondent does not 
22agree with the school district's or private or non-public 
23school's transfer, change of placement, or change of program 
24or solely on the ground that the respondent fails or refuses to 
25consent to or otherwise does not take an action required to 
26effectuate a transfer, change of placement, or change of 
 
 
HB4327- 380 -LRB103 34892 RLC 64759 b


1program. When a court orders a respondent to stay away from the 
2public, private, or non-public school attended by the 
3petitioner and the respondent requests a transfer to another 
4attendance center within the respondent's school district or 
5private or non-public school, the school district or private 
6or non-public school shall have sole discretion to determine 
7the attendance center to which the respondent is transferred. 
8If the court order results in a transfer of the minor 
9respondent to another attendance center, a change in the 
10respondent's placement, or a change of the respondent's 
11program, the parents, guardian, or legal custodian of the 
12respondent is responsible for transportation and other costs 
13associated with the transfer or change.
14 (c) The court may order the parents, guardian, or legal 
15custodian of a minor respondent to take certain actions or to 
16refrain from taking certain actions to ensure that the 
17respondent complies with the order. If the court orders a 
18transfer of the respondent to another school, the parents, 
19guardian, or legal custodian of the respondent are responsible 
20for transportation and other costs associated with the change 
21of school by the respondent.
22 (d) The court shall not hold a school district or private 
23or non-public school or any of its employees in civil or 
24criminal contempt unless the school district or private or 
25non-public school has been allowed to intervene.
26 (e) The court may hold the parents, guardian, or legal 
 
 
HB4327- 381 -LRB103 34892 RLC 64759 b


1custodian of a minor respondent in civil or criminal contempt 
2for a violation of any provision of any order entered under 
3this Article for conduct of the minor respondent in violation 
4of this Article if the parents, guardian, or legal custodian 
5directed, encouraged, or assisted the respondent minor in the 
6conduct.
7 (f) Monetary damages are not recoverable as a remedy.
8 (g) If the stalking no contact order prohibits the 
9respondent from possessing a Firearm Owner's Identification 
10Card, or possessing or buying firearms; the court shall 
11confiscate the respondent's firearms and firearm ammunition 
12Firearm Owner's Identification Card and immediately return the 
13card to the Illinois State Police Firearm Owner's 
14Identification Card Office.
15(Source: P.A. 102-538, eff. 8-20-21.)

16 (725 ILCS 5/112A-17.5)
17 Sec. 112A-17.5. Ex parte protective orders.
18 (a) The petitioner may request expedited consideration of 
19the petition for an ex parte protective order. The court shall 
20consider the request on an expedited basis without requiring 
21the respondent's presence or requiring notice to the 
22respondent.
23 (b) Issuance of ex parte protective orders in cases 
24involving domestic violence. An ex parte domestic violence 
25order of protection shall be issued if petitioner satisfies 
 
 
HB4327- 382 -LRB103 34892 RLC 64759 b


1the requirements of this subsection (b) for one or more of the 
2requested remedies. For each remedy requested, petitioner 
3shall establish that:
4  (1) the court has jurisdiction under Section 112A-9 of 
5 this Code;
6  (2) the requirements of subsection (a) of Section 
7 112A-11.5 of this Code are satisfied; and
8  (3) there is good cause to grant the remedy, 
9 regardless of prior service of process or notice upon the 
10 respondent, because:
11   (A) for the remedy of prohibition of abuse 
12 described in paragraph (1) of subsection (b) of 
13 Section 112A-14 of this Code; stay away order and 
14 additional prohibitions described in paragraph (3) of 
15 subsection (b) of Section 112A-14 of this Code; 
16 removal or concealment of minor child described in 
17 paragraph (8) of subsection (b) of Section 112A-14 of 
18 this Code; order to appear described in paragraph (9) 
19 of subsection (b) of Section 112A-14 of this Code; 
20 physical care and possession of the minor child 
21 described in paragraph (5) of subsection (b) of 
22 Section 112A-14 of this Code; protection of property 
23 described in paragraph (11) of subsection (b) of 
24 Section 112A-14 of this Code; prohibition of entry 
25 described in paragraph (14) of subsection (b) of 
26 Section 112A-14 of this Code; prohibition of firearm 
 
 
HB4327- 383 -LRB103 34892 RLC 64759 b


1 possession described in paragraph (14.5) of subsection 
2 (b) of Section 112A-14 of this Code; prohibition of 
3 access to records described in paragraph (15) of 
4 subsection (b) of Section 112A-14 of this Code; 
5 injunctive relief described in paragraph (16) of 
6 subsection (b) of Section 112A-14 of this Code; and 
7 telephone services described in paragraph (18) of 
8 subsection (b) of Section 112A-14 of this Code, the 
9 harm which that remedy is intended to prevent would be 
10 likely to occur if the respondent were given any prior 
11 notice, or greater notice than was actually given, of 
12 the petitioner's efforts to obtain judicial relief;
13   (B) for the remedy of grant of exclusive 
14 possession of residence described in paragraph (2) of 
15 subsection (b) of Section 112A-14 of this Code; the 
16 immediate danger of further abuse of the petitioner by 
17 the respondent, if the petitioner chooses or had 
18 chosen to remain in the residence or household while 
19 the respondent was given any prior notice or greater 
20 notice than was actually given of the petitioner's 
21 efforts to obtain judicial relief outweighs the 
22 hardships to the respondent of an emergency order 
23 granting the petitioner exclusive possession of the 
24 residence or household; and the remedy shall not be 
25 denied because the petitioner has or could obtain 
26 temporary shelter elsewhere while prior notice is 
 
 
HB4327- 384 -LRB103 34892 RLC 64759 b


1 given to the respondent, unless the hardship to the 
2 respondent from exclusion from the home substantially 
3 outweigh the hardship to the petitioner; or
4   (C) for the remedy of possession of personal 
5 property described in paragraph (10) of subsection (b) 
6 of Section 112A-14 of this Code; improper disposition 
7 of the personal property would be likely to occur if 
8 the respondent were given any prior notice, or greater 
9 notice than was actually given, of the petitioner's 
10 efforts to obtain judicial relief or the petitioner 
11 has an immediate and pressing need for the possession 
12 of that property.
13 An ex parte domestic violence order of protection may not 
14include the counseling, custody, or payment of support or 
15monetary compensation remedies provided by paragraphs (4), 
16(12), (13), and (16) of subsection (b) of Section 112A-14 of 
17this Code.
18 (c) Issuance of ex parte civil no contact order in cases 
19involving sexual offenses. An ex parte civil no contact order 
20shall be issued if the petitioner establishes that:
21  (1) the court has jurisdiction under Section 112A-9 of 
22 this Code;
23  (2) the requirements of subsection (a) of Section 
24 112A-11.5 of this Code are satisfied; and
25  (3) there is good cause to grant the remedy, 
26 regardless of prior service of process or of notice upon 
 
 
HB4327- 385 -LRB103 34892 RLC 64759 b


1 the respondent, because the harm which that remedy is 
2 intended to prevent would be likely to occur if the 
3 respondent were given any prior notice, or greater notice 
4 than was actually given, of the petitioner's efforts to 
5 obtain judicial relief.
6 The court may order any of the remedies under Section 
7112A-14.5 of this Code.
8 (d) Issuance of ex parte stalking no contact order in 
9cases involving stalking offenses. An ex parte stalking no 
10contact order shall be issued if the petitioner establishes 
11that:
12  (1) the court has jurisdiction under Section 112A-9 of 
13 this Code;
14  (2) the requirements of subsection (a) of Section 
15 112A-11.5 of this Code are satisfied; and
16  (3) there is good cause to grant the remedy, 
17 regardless of prior service of process or of notice upon 
18 the respondent, because the harm which that remedy is 
19 intended to prevent would be likely to occur if the 
20 respondent were given any prior notice, or greater notice 
21 than was actually given, of the petitioner's efforts to 
22 obtain judicial relief.
23 The court may order any of the remedies under Section 
24112A-14.7 of this Code.
25 (e) Issuance of ex parte protective orders on court 
26holidays and evenings.
 
 
HB4327- 386 -LRB103 34892 RLC 64759 b


1 When the court is unavailable at the close of business, 
2the petitioner may file a petition for an ex parte protective 
3order before any available circuit judge or associate judge 
4who may grant relief under this Article. If the judge finds 
5that petitioner has satisfied the prerequisites in subsection 
6(b), (c), or (d) of this Section, the judge shall issue an ex 
7parte protective order.
8 The chief judge of the circuit court may designate for 
9each county in the circuit at least one judge to be reasonably 
10available to issue orally, by telephone, by facsimile, or 
11otherwise, an ex parte protective order at all times, whether 
12or not the court is in session.
13 The judge who issued the order under this Section shall 
14promptly communicate or convey the order to the sheriff to 
15facilitate the entry of the order into the Law Enforcement 
16Agencies Data System by the Illinois State Police under 
17Section 112A-28 of this Code. Any order issued under this 
18Section and any documentation in support of it shall be 
19certified on the next court day to the appropriate court. The 
20clerk of that court shall immediately assign a case number, 
21file the petition, order, and other documents with the court 
22and enter the order of record and file it with the sheriff for 
23service under subsection (f) of this Section. Failure to 
24comply with the requirements of this subsection (e) shall not 
25affect the validity of the order.
26 (f) Service of ex parte protective order on respondent.
 
 
HB4327- 387 -LRB103 34892 RLC 64759 b


1  (1) If an ex parte protective order is entered at the 
2 time a summons or arrest warrant is issued for the 
3 criminal charge, the petition for the protective order, 
4 any supporting affidavits, if any, and the ex parte 
5 protective order that has been issued shall be served with 
6 the summons or arrest warrant. The enforcement of a 
7 protective order under Section 112A-23 of this Code shall 
8 not be affected by the lack of service or delivery, 
9 provided the requirements of subsection (a) of Section 
10 112A-23 of this Code are otherwise met.
11  (2) If an ex parte protective order is entered after a 
12 summons or arrest warrant is issued and before the 
13 respondent makes an initial appearance in the criminal 
14 case, the summons shall be in the form prescribed by 
15 subsection (d) of Supreme Court Rule 101, except that it 
16 shall require respondent to answer or appear within 7 days 
17 and shall be accompanied by the petition for the 
18 protective order, any supporting affidavits, if any, and 
19 the ex parte protective order that has been issued.
20  (3) If an ex parte protective order is entered after 
21 the respondent has been served notice of a petition for a 
22 final protective order and the respondent has requested a 
23 continuance to respond to the petition, the ex parte 
24 protective order shall be served: (A) in open court if the 
25 respondent is present at the proceeding at which the order 
26 was entered; or (B) by summons in the form prescribed by 
 
 
HB4327- 388 -LRB103 34892 RLC 64759 b


1 subsection (d) of Supreme Court Rule 101.
2  (4) No fee shall be charged for service of summons.
3  (5) The summons shall be served by the sheriff or 
4 other law enforcement officer at the earliest time and 
5 shall take precedence over other summonses except those of 
6 a similar emergency nature. Special process servers may be 
7 appointed at any time, and their designation shall not 
8 affect the responsibilities and authority of the sheriff 
9 or other official process servers. In a county with a 
10 population over 3,000,000, a special process server may 
11 not be appointed if an ex parte protective order grants 
12 the surrender of a child, the surrender of a firearm or 
13 Firearm Owner's Identification Card, or the exclusive 
14 possession of a shared residence. Process may be served in 
15 court.
16 (g) Upon 7 days' notice to the petitioner, or a shorter 
17notice period as the court may prescribe, a respondent subject 
18to an ex parte protective order may appear and petition the 
19court to re-hear the petition. Any petition to re-hear shall 
20be verified and shall allege the following:
21  (1) that respondent did not receive prior notice of 
22 the initial hearing in which the ex parte protective order 
23 was entered under Section 112A-17.5 of this Code; and
24  (2) that respondent had a meritorious defense to the 
25 order or any of its remedies or that the order or any of 
26 its remedies was not authorized under this Article.
 
 
HB4327- 389 -LRB103 34892 RLC 64759 b


1 The verified petition and affidavit shall set forth the 
2evidence of the meritorious defense that will be presented at 
3a hearing. If the court finds that the evidence presented at 
4the hearing on the petition establishes a meritorious defense 
5by a preponderance of the evidence, the court may decide to 
6vacate the protective order or modify the remedies.
7 (h) If the ex parte protective order granted petitioner 
8exclusive possession of the residence and the petition of 
9respondent seeks to re-open or vacate that grant, the court 
10shall set a date for hearing within 14 days on all issues 
11relating to exclusive possession. Under no circumstances shall 
12a court continue a hearing concerning exclusive possession 
13beyond the 14th day except by agreement of the petitioner and 
14the respondent. Other issues raised by the pleadings may be 
15consolidated for the hearing if the petitioner, the 
16respondent, and the court do not object.
17 (i) Duration of ex parte protective order. An ex parte 
18order shall remain in effect until the court considers the 
19request for a final protective order after notice has been 
20served on the respondent or a default final protective order 
21is entered, whichever occurs first. If a court date is 
22scheduled for the issuance of a default protective order and 
23the petitioner fails to personally appear or appear through 
24counsel or the prosecuting attorney, the petition shall be 
25dismissed and the ex parte order terminated.
26(Source: P.A. 102-538, eff. 8-20-21.)

 
 
HB4327- 390 -LRB103 34892 RLC 64759 b


1 Section 175. The Unified Code of Corrections is amended by 
2changing Sections 3-2-10.5, 5-4.5-110, 5-5-3, 5-5-3.2, and 
35-6-3 as follows:

4 (730 ILCS 5/3-2-10.5)
5 Sec. 3-2-10.5. Retiring security employees and parole 
6agents; purchase of service firearm and badge. The Director 
7shall establish a program to allow a security employee or 
8parole agent of the Department who is honorably retiring in 
9good standing to purchase either one or both of the following: 
10(1) any badge previously issued to the security employee or 
11parole agent by the Department; or (2) if the security 
12employee or parole agent has a currently valid Firearm Owner's 
13Identification Card, the service firearm issued or previously 
14issued to the security employee or parole agent by the 
15Department. The badge must be permanently and conspicuously 
16marked in such a manner that the individual who possesses the 
17badge is not mistaken for an actively serving law enforcement 
18officer. The cost of the firearm shall be the replacement 
19value of the firearm and not the firearm's fair market value.
20(Source: P.A. 102-719, eff. 5-6-22.)

21 (730 ILCS 5/5-4.5-110)
22 (Section scheduled to be repealed on January 1, 2024)
23 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH 
 
 
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1PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
2 (a) DEFINITIONS. For the purposes of this Section:
3  "Firearm" has the meaning ascribed to it in Section 
4 2-7.5 of the Criminal Code of 2012 1.1 of the Firearm 
5 Owners Identification Card Act.
6  "Qualifying predicate offense" means the following 
7 offenses under the Criminal Code of 2012:
8   (A) aggravated unlawful use of a weapon under 
9 Section 24-1.6 or similar offense under the Criminal 
10 Code of 1961, when the weapon is a firearm; 
11   (B) unlawful use or possession of a weapon by a 
12 felon under Section 24-1.1 or similar offense under 
13 the Criminal Code of 1961, when the weapon is a 
14 firearm;
15   (C) first degree murder under Section 9-1 or 
16 similar offense under the Criminal Code of 1961;
17   (D) attempted first degree murder with a firearm 
18 or similar offense under the Criminal Code of 1961;
19   (E) aggravated kidnapping with a firearm under 
20 paragraph (6) or (7) of subsection (a) of Section 10-2 
21 or similar offense under the Criminal Code of 1961;
22   (F) aggravated battery with a firearm under 
23 subsection (e) of Section 12-3.05 or similar offense 
24 under the Criminal Code of 1961;
25   (G) aggravated criminal sexual assault under 
26 Section 11-1.30 or similar offense under the Criminal 
 
 
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1 Code of 1961;
2   (H) predatory criminal sexual assault of a child 
3 under Section 11-1.40 or similar offense under the 
4 Criminal Code of 1961;
5   (I) armed robbery under Section 18-2 or similar 
6 offense under the Criminal Code of 1961;
7   (J) vehicular hijacking under Section 18-3 or 
8 similar offense under the Criminal Code of 1961;
9   (K) aggravated vehicular hijacking under Section 
10 18-4 or similar offense under the Criminal Code of 
11 1961;
12   (L) home invasion with a firearm under paragraph 
13 (3), (4), or (5) of subsection (a) of Section 19-6 or 
14 similar offense under the Criminal Code of 1961;
15   (M) aggravated discharge of a firearm under 
16 Section 24-1.2 or similar offense under the Criminal 
17 Code of 1961;
18   (N) aggravated discharge of a machine gun or a 
19 firearm equipped with a device designed or used for 
20 silencing the report of a firearm under Section 
21 24-1.2-5 or similar offense under the Criminal Code of 
22 1961;
23   (0) unlawful use of firearm projectiles under 
24 Section 24-2.1 or similar offense under the Criminal 
25 Code of 1961;
26   (P) manufacture, sale, or transfer of bullets or 
 
 
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1 shells represented to be armor piercing bullets, 
2 dragon's breath shotgun shells, bolo shells, or 
3 flechette shells under Section 24-2.2 or similar 
4 offense under the Criminal Code of 1961;
5   (Q) unlawful sale or delivery of firearms under 
6 Section 24-3 or similar offense under the Criminal 
7 Code of 1961;
8   (R) unlawful discharge of firearm projectiles 
9 under Section 24-3.2 or similar offense under the 
10 Criminal Code of 1961;
11   (S) unlawful sale or delivery of firearms on 
12 school premises of any school under Section 24-3.3 or 
13 similar offense under the Criminal Code of 1961;
14   (T) unlawful purchase of a firearm under Section 
15 24-3.5 or similar offense under the Criminal Code of 
16 1961;
17   (U) use of a stolen firearm in the commission of an 
18 offense under Section 24-3.7 or similar offense under 
19 the Criminal Code of 1961;
20   (V) possession of a stolen firearm under Section 
21 24-3.8 or similar offense under the Criminal Code of 
22 1961;
23   (W) aggravated possession of a stolen firearm 
24 under Section 24-3.9 or similar offense under the 
25 Criminal Code of 1961;
26   (X) gunrunning under Section 24-3A or similar 
 
 
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1 offense under the Criminal Code of 1961;
2   (Y) defacing identification marks of firearms 
3 under Section 24-5 or similar offense under the 
4 Criminal Code of 1961; and
5   (Z) armed violence under Section 33A-2 or similar 
6 offense under the Criminal Code of 1961. 
7 (b) APPLICABILITY. For an offense committed on or after 
8January 1, 2018 (the effective date of Public Act 100-3) and 
9before January 1, 2024, when a person is convicted of unlawful 
10use or possession of a weapon by a felon, when the weapon is a 
11firearm, or aggravated unlawful use of a weapon, when the 
12weapon is a firearm, after being previously convicted of a 
13qualifying predicate offense the person shall be subject to 
14the sentencing guidelines under this Section.
15 (c) SENTENCING GUIDELINES.
16  (1) When a person is convicted of unlawful use or 
17 possession of a weapon by a felon, when the weapon is a 
18 firearm, and that person has been previously convicted of 
19 a qualifying predicate offense, the person shall be 
20 sentenced to a term of imprisonment within the sentencing 
21 range of not less than 7 years and not more than 14 years, 
22 unless the court finds that a departure from the 
23 sentencing guidelines under this paragraph is warranted 
24 under subsection (d) of this Section.
25  (2) When a person is convicted of aggravated unlawful 
26 use of a weapon, when the weapon is a firearm, and that 
 
 
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1 person has been previously convicted of a qualifying 
2 predicate offense, the person shall be sentenced to a term 
3 of imprisonment within the sentencing range of not less 
4 than 6 years and not more than 7 years, unless the court 
5 finds that a departure from the sentencing guidelines 
6 under this paragraph is warranted under subsection (d) of 
7 this Section. 
8  (3) The sentencing guidelines in paragraphs (1) and 
9 (2) of this subsection (c) apply only to offenses 
10 committed on and after January 1, 2018 (the effective date 
11 of Public Act 100-3) and before January 1, 2024. 
12 (d) DEPARTURE FROM SENTENCING GUIDELINES.
13  (1) At the sentencing hearing conducted under Section 
14 5-4-1 of this Code, the court may depart from the 
15 sentencing guidelines provided in subsection (c) of this 
16 Section and impose a sentence otherwise authorized by law 
17 for the offense if the court, after considering any factor 
18 under paragraph (2) of this subsection (d) relevant to the 
19 nature and circumstances of the crime and to the history 
20 and character of the defendant, finds on the record 
21 substantial and compelling justification that the sentence 
22 within the sentencing guidelines would be unduly harsh and 
23 that a sentence otherwise authorized by law would be 
24 consistent with public safety and does not deprecate the 
25 seriousness of the offense.
26  (2) In deciding whether to depart from the sentencing 
 
 
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1 guidelines under this paragraph, the court shall consider:
2   (A) the age, immaturity, or limited mental 
3 capacity of the defendant at the time of commission of 
4 the qualifying predicate or current offense, including 
5 whether the defendant was suffering from a mental or 
6 physical condition insufficient to constitute a 
7 defense but significantly reduced the defendant's 
8 culpability;
9   (B) the nature and circumstances of the qualifying 
10 predicate offense;
11   (C) the time elapsed since the qualifying 
12 predicate offense;
13   (D) the nature and circumstances of the current 
14 offense;
15   (E) the defendant's prior criminal history;
16   (F) whether the defendant committed the qualifying 
17 predicate or current offense under specific and 
18 credible duress, coercion, threat, or compulsion;
19   (G) whether the defendant aided in the 
20 apprehension of another felon or testified truthfully 
21 on behalf of another prosecution of a felony; and
22   (H) whether departure is in the interest of the 
23 person's rehabilitation, including employment or 
24 educational or vocational training, after taking into 
25 account any past rehabilitation efforts or 
26 dispositions of probation or supervision, and the 
 
 
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1 defendant's cooperation or response to rehabilitation.
2  (3) When departing from the sentencing guidelines 
3 under this Section, the court shall specify on the record, 
4 the particular evidence, information, factor or factors, 
5 or other reasons which led to the departure from the 
6 sentencing guidelines. When departing from the sentencing 
7 range in accordance with this subsection (d), the court 
8 shall indicate on the sentencing order which departure 
9 factor or factors outlined in paragraph (2) of this 
10 subsection (d) led to the sentence imposed. The sentencing 
11 order shall be filed with the clerk of the court and shall 
12 be a public record.
13 (e) This Section is repealed on January 1, 2024. 
14(Source: P.A. 102-1109, eff. 12-21-22.)

15 (730 ILCS 5/5-5-3)
16 (Text of Section before amendment by P.A. 103-51)
17 Sec. 5-5-3. Disposition. 
18 (a) (Blank).
19 (b) (Blank). 
20 (c)(1) (Blank).
21 (2) A period of probation, a term of periodic imprisonment 
22or conditional discharge shall not be imposed for the 
23following offenses. The court shall sentence the offender to 
24not less than the minimum term of imprisonment set forth in 
25this Code for the following offenses, and may order a fine or 
 
 
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1restitution or both in conjunction with such term of 
2imprisonment:
3  (A) First degree murder where the death penalty is not 
4 imposed.
5  (B) Attempted first degree murder.
6  (C) A Class X felony.
7  (D) A violation of Section 401.1 or 407 of the 
8 Illinois Controlled Substances Act, or a violation of 
9 subdivision (c)(1.5) of Section 401 of that Act which 
10 relates to more than 5 grams of a substance containing 
11 fentanyl or an analog thereof.
12  (D-5) A violation of subdivision (c)(1) of Section 401 
13 of the Illinois Controlled Substances Act which relates to 
14 3 or more grams of a substance containing heroin or an 
15 analog thereof. 
16  (E) (Blank).
17  (F) A Class 1 or greater felony if the offender had 
18 been convicted of a Class 1 or greater felony, including 
19 any state or federal conviction for an offense that 
20 contained, at the time it was committed, the same elements 
21 as an offense now (the date of the offense committed after 
22 the prior Class 1 or greater felony) classified as a Class 
23 1 or greater felony, within 10 years of the date on which 
24 the offender committed the offense for which he or she is 
25 being sentenced, except as otherwise provided in Section 
26 40-10 of the Substance Use Disorder Act.
 
 
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1  (F-3) A Class 2 or greater felony sex offense or 
2 felony firearm offense if the offender had been convicted 
3 of a Class 2 or greater felony, including any state or 
4 federal conviction for an offense that contained, at the 
5 time it was committed, the same elements as an offense now 
6 (the date of the offense committed after the prior Class 2 
7 or greater felony) classified as a Class 2 or greater 
8 felony, within 10 years of the date on which the offender 
9 committed the offense for which he or she is being 
10 sentenced, except as otherwise provided in Section 40-10 
11 of the Substance Use Disorder Act. 
12  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 
13 of the Criminal Code of 1961 or the Criminal Code of 2012 
14 for which imprisonment is prescribed in those Sections.
15  (G) Residential burglary, except as otherwise provided 
16 in Section 40-10 of the Substance Use Disorder Act.
17  (H) Criminal sexual assault.
18  (I) Aggravated battery of a senior citizen as 
19 described in Section 12-4.6 or subdivision (a)(4) of 
20 Section 12-3.05 of the Criminal Code of 1961 or the 
21 Criminal Code of 2012.
22  (J) A forcible felony if the offense was related to 
23 the activities of an organized gang.
24  Before July 1, 1994, for the purposes of this 
25 paragraph, "organized gang" means an association of 5 or 
26 more persons, with an established hierarchy, that 
 
 
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1 encourages members of the association to perpetrate crimes 
2 or provides support to the members of the association who 
3 do commit crimes.
4  Beginning July 1, 1994, for the purposes of this 
5 paragraph, "organized gang" has the meaning ascribed to it 
6 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
7 Prevention Act.
8  (K) Vehicular hijacking.
9  (L) A second or subsequent conviction for the offense 
10 of hate crime when the underlying offense upon which the 
11 hate crime is based is felony aggravated assault or felony 
12 mob action.
13  (M) A second or subsequent conviction for the offense 
14 of institutional vandalism if the damage to the property 
15 exceeds $300.
16  (N) A Class 3 felony violation of paragraph (1) of 
17 subsection (a) of Section 2 of the Firearm Owners 
18 Identification Card Act committed before the effective 
19 date of this amendatory Act of the 103rd General 
20 Assembly..
21  (O) A violation of Section 12-6.1 or 12-6.5 of the 
22 Criminal Code of 1961 or the Criminal Code of 2012.
23  (P) A violation of paragraph (1), (2), (3), (4), (5), 
24 or (7) of subsection (a) of Section 11-20.1 of the 
25 Criminal Code of 1961 or the Criminal Code of 2012.
26  (P-5) A violation of paragraph (6) of subsection (a) 
 
 
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1 of Section 11-20.1 of the Criminal Code of 1961 or the 
2 Criminal Code of 2012 if the victim is a household or 
3 family member of the defendant.
4  (Q) A violation of subsection (b) or (b-5) of Section 
5 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
6 Code of 1961 or the Criminal Code of 2012.
7  (R) A violation of Section 24-3A of the Criminal Code 
8 of 1961 or the Criminal Code of 2012.
9  (S) (Blank).
10  (T) (Blank).
11  (U) A second or subsequent violation of Section 6-303 
12 of the Illinois Vehicle Code committed while his or her 
13 driver's license, permit, or privilege was revoked because 
14 of a violation of Section 9-3 of the Criminal Code of 1961 
15 or the Criminal Code of 2012, relating to the offense of 
16 reckless homicide, or a similar provision of a law of 
17 another state. 
18  (V) A violation of paragraph (4) of subsection (c) of 
19 Section 11-20.1B or paragraph (4) of subsection (c) of 
20 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
21 (6) of subsection (a) of Section 11-20.1 of the Criminal 
22 Code of 2012 when the victim is under 13 years of age and 
23 the defendant has previously been convicted under the laws 
24 of this State or any other state of the offense of child 
25 pornography, aggravated child pornography, aggravated 
26 criminal sexual abuse, aggravated criminal sexual assault, 
 
 
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1 predatory criminal sexual assault of a child, or any of 
2 the offenses formerly known as rape, deviate sexual 
3 assault, indecent liberties with a child, or aggravated 
4 indecent liberties with a child where the victim was under 
5 the age of 18 years or an offense that is substantially 
6 equivalent to those offenses.
7  (W) A violation of Section 24-3.5 of the Criminal Code 
8 of 1961 or the Criminal Code of 2012. 
9  (X) A violation of subsection (a) of Section 31-1a of 
10 the Criminal Code of 1961 or the Criminal Code of 2012.
11  (Y) A conviction for unlawful possession of a firearm 
12 by a street gang member when the firearm was loaded or 
13 contained firearm ammunition. 
14  (Z) A Class 1 felony committed while he or she was 
15 serving a term of probation or conditional discharge for a 
16 felony.
17  (AA) Theft of property exceeding $500,000 and not 
18 exceeding $1,000,000 in value.
19  (BB) Laundering of criminally derived property of a 
20 value exceeding $500,000.
21  (CC) Knowingly selling, offering for sale, holding for 
22 sale, or using 2,000 or more counterfeit items or 
23 counterfeit items having a retail value in the aggregate 
24 of $500,000 or more. 
25  (DD) A conviction for aggravated assault under 
26 paragraph (6) of subsection (c) of Section 12-2 of the 
 
 
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1 Criminal Code of 1961 or the Criminal Code of 2012 if the 
2 firearm is aimed toward the person against whom the 
3 firearm is being used. 
4  (EE) A conviction for a violation of paragraph (2) of 
5 subsection (a) of Section 24-3B of the Criminal Code of 
6 2012. 
7 (3) (Blank).
8 (4) A minimum term of imprisonment of not less than 10 
9consecutive days or 30 days of community service shall be 
10imposed for a violation of paragraph (c) of Section 6-303 of 
11the Illinois Vehicle Code.
12 (4.1) (Blank).
13 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
14this subsection (c), a minimum of 100 hours of community 
15service shall be imposed for a second violation of Section 
166-303 of the Illinois Vehicle Code.
17 (4.3) A minimum term of imprisonment of 30 days or 300 
18hours of community service, as determined by the court, shall 
19be imposed for a second violation of subsection (c) of Section 
206-303 of the Illinois Vehicle Code.
21 (4.4) Except as provided in paragraphs (4.5), (4.6), and 
22(4.9) of this subsection (c), a minimum term of imprisonment 
23of 30 days or 300 hours of community service, as determined by 
24the court, shall be imposed for a third or subsequent 
25violation of Section 6-303 of the Illinois Vehicle Code. The 
26court may give credit toward the fulfillment of community 
 
 
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1service hours for participation in activities and treatment as 
2determined by court services. 
3 (4.5) A minimum term of imprisonment of 30 days shall be 
4imposed for a third violation of subsection (c) of Section 
56-303 of the Illinois Vehicle Code.
6 (4.6) Except as provided in paragraph (4.10) of this 
7subsection (c), a minimum term of imprisonment of 180 days 
8shall be imposed for a fourth or subsequent violation of 
9subsection (c) of Section 6-303 of the Illinois Vehicle Code.
10 (4.7) A minimum term of imprisonment of not less than 30 
11consecutive days, or 300 hours of community service, shall be 
12imposed for a violation of subsection (a-5) of Section 6-303 
13of the Illinois Vehicle Code, as provided in subsection (b-5) 
14of that Section. 
15 (4.8) A mandatory prison sentence shall be imposed for a 
16second violation of subsection (a-5) of Section 6-303 of the 
17Illinois Vehicle Code, as provided in subsection (c-5) of that 
18Section. The person's driving privileges shall be revoked for 
19a period of not less than 5 years from the date of his or her 
20release from prison. 
21 (4.9) A mandatory prison sentence of not less than 4 and 
22not more than 15 years shall be imposed for a third violation 
23of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
24Code, as provided in subsection (d-2.5) of that Section. The 
25person's driving privileges shall be revoked for the remainder 
26of his or her life. 
 
 
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1 (4.10) A mandatory prison sentence for a Class 1 felony 
2shall be imposed, and the person shall be eligible for an 
3extended term sentence, for a fourth or subsequent violation 
4of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
5Code, as provided in subsection (d-3.5) of that Section. The 
6person's driving privileges shall be revoked for the remainder 
7of his or her life. 
8 (5) The court may sentence a corporation or unincorporated 
9association convicted of any offense to:
10  (A) a period of conditional discharge;
11  (B) a fine;
12  (C) make restitution to the victim under Section 5-5-6 
13 of this Code.
14 (5.1) In addition to any other penalties imposed, and 
15except as provided in paragraph (5.2) or (5.3), a person 
16convicted of violating subsection (c) of Section 11-907 of the 
17Illinois Vehicle Code shall have his or her driver's license, 
18permit, or privileges suspended for at least 90 days but not 
19more than one year, if the violation resulted in damage to the 
20property of another person.
21 (5.2) In addition to any other penalties imposed, and 
22except as provided in paragraph (5.3), a person convicted of 
23violating subsection (c) of Section 11-907 of the Illinois 
24Vehicle Code shall have his or her driver's license, permit, 
25or privileges suspended for at least 180 days but not more than 
262 years, if the violation resulted in injury to another 
 
 
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1person.
2 (5.3) In addition to any other penalties imposed, a person 
3convicted of violating subsection (c) of Section 11-907 of the 
4Illinois Vehicle Code shall have his or her driver's license, 
5permit, or privileges suspended for 2 years, if the violation 
6resulted in the death of another person.
7 (5.4) In addition to any other penalties imposed, a person 
8convicted of violating Section 3-707 of the Illinois Vehicle 
9Code shall have his or her driver's license, permit, or 
10privileges suspended for 3 months and until he or she has paid 
11a reinstatement fee of $100.
12 (5.5) In addition to any other penalties imposed, a person 
13convicted of violating Section 3-707 of the Illinois Vehicle 
14Code during a period in which his or her driver's license, 
15permit, or privileges were suspended for a previous violation 
16of that Section shall have his or her driver's license, 
17permit, or privileges suspended for an additional 6 months 
18after the expiration of the original 3-month suspension and 
19until he or she has paid a reinstatement fee of $100. 
20 (6) (Blank).
21 (7) (Blank).
22 (8) (Blank).
23 (9) A defendant convicted of a second or subsequent 
24offense of ritualized abuse of a child may be sentenced to a 
25term of natural life imprisonment.
26 (10) (Blank).
 
 
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1 (11) The court shall impose a minimum fine of $1,000 for a 
2first offense and $2,000 for a second or subsequent offense 
3upon a person convicted of or placed on supervision for 
4battery when the individual harmed was a sports official or 
5coach at any level of competition and the act causing harm to 
6the sports official or coach occurred within an athletic 
7facility or within the immediate vicinity of the athletic 
8facility at which the sports official or coach was an active 
9participant of the athletic contest held at the athletic 
10facility. For the purposes of this paragraph (11), "sports 
11official" means a person at an athletic contest who enforces 
12the rules of the contest, such as an umpire or referee; 
13"athletic facility" means an indoor or outdoor playing field 
14or recreational area where sports activities are conducted; 
15and "coach" means a person recognized as a coach by the 
16sanctioning authority that conducted the sporting event.
17 (12) A person may not receive a disposition of court 
18supervision for a violation of Section 5-16 of the Boat 
19Registration and Safety Act if that person has previously 
20received a disposition of court supervision for a violation of 
21that Section. 
22 (13) A person convicted of or placed on court supervision 
23for an assault or aggravated assault when the victim and the 
24offender are family or household members as defined in Section 
25103 of the Illinois Domestic Violence Act of 1986 or convicted 
26of domestic battery or aggravated domestic battery may be 
 
 
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1required to attend a Partner Abuse Intervention Program under 
2protocols set forth by the Illinois Department of Human 
3Services under such terms and conditions imposed by the court. 
4The costs of such classes shall be paid by the offender. 
5 (d) In any case in which a sentence originally imposed is 
6vacated, the case shall be remanded to the trial court. The 
7trial court shall hold a hearing under Section 5-4-1 of this 
8Code which may include evidence of the defendant's life, moral 
9character and occupation during the time since the original 
10sentence was passed. The trial court shall then impose 
11sentence upon the defendant. The trial court may impose any 
12sentence which could have been imposed at the original trial 
13subject to Section 5-5-4 of this Code. If a sentence is vacated 
14on appeal or on collateral attack due to the failure of the 
15trier of fact at trial to determine beyond a reasonable doubt 
16the existence of a fact (other than a prior conviction) 
17necessary to increase the punishment for the offense beyond 
18the statutory maximum otherwise applicable, either the 
19defendant may be re-sentenced to a term within the range 
20otherwise provided or, if the State files notice of its 
21intention to again seek the extended sentence, the defendant 
22shall be afforded a new trial.
23 (e) In cases where prosecution for aggravated criminal 
24sexual abuse under Section 11-1.60 or 12-16 of the Criminal 
25Code of 1961 or the Criminal Code of 2012 results in conviction 
26of a defendant who was a family member of the victim at the 
 
 
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1time of the commission of the offense, the court shall 
2consider the safety and welfare of the victim and may impose a 
3sentence of probation only where:
4  (1) the court finds (A) or (B) or both are 
5 appropriate:
6   (A) the defendant is willing to undergo a court 
7 approved counseling program for a minimum duration of 
8 2 years; or
9   (B) the defendant is willing to participate in a 
10 court approved plan, including, but not limited to, 
11 the defendant's:
12    (i) removal from the household;
13    (ii) restricted contact with the victim;
14    (iii) continued financial support of the 
15 family;
16    (iv) restitution for harm done to the victim; 
17 and
18    (v) compliance with any other measures that 
19 the court may deem appropriate; and
20  (2) the court orders the defendant to pay for the 
21 victim's counseling services, to the extent that the court 
22 finds, after considering the defendant's income and 
23 assets, that the defendant is financially capable of 
24 paying for such services, if the victim was under 18 years 
25 of age at the time the offense was committed and requires 
26 counseling as a result of the offense.
 
 
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1 Probation may be revoked or modified pursuant to Section 
25-6-4; except where the court determines at the hearing that 
3the defendant violated a condition of his or her probation 
4restricting contact with the victim or other family members or 
5commits another offense with the victim or other family 
6members, the court shall revoke the defendant's probation and 
7impose a term of imprisonment.
8 For the purposes of this Section, "family member" and 
9"victim" shall have the meanings ascribed to them in Section 
1011-0.1 of the Criminal Code of 2012.
11 (f) (Blank).
12 (g) Whenever a defendant is convicted of an offense under 
13Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, 
1411-14.3, 11-14.4 except for an offense that involves keeping a 
15place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
1611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 
1712-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the 
18Criminal Code of 2012, the defendant shall undergo medical 
19testing to determine whether the defendant has any sexually 
20transmissible disease, including a test for infection with 
21human immunodeficiency virus (HIV) or any other identified 
22causative agent of acquired immunodeficiency syndrome (AIDS). 
23Any such medical test shall be performed only by appropriately 
24licensed medical practitioners and may include an analysis of 
25any bodily fluids as well as an examination of the defendant's 
26person. Except as otherwise provided by law, the results of 
 
 
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1such test shall be kept strictly confidential by all medical 
2personnel involved in the testing and must be personally 
3delivered in a sealed envelope to the judge of the court in 
4which the conviction was entered for the judge's inspection in 
5camera. Acting in accordance with the best interests of the 
6victim and the public, the judge shall have the discretion to 
7determine to whom, if anyone, the results of the testing may be 
8revealed. The court shall notify the defendant of the test 
9results. The court shall also notify the victim if requested 
10by the victim, and if the victim is under the age of 15 and if 
11requested by the victim's parents or legal guardian, the court 
12shall notify the victim's parents or legal guardian of the 
13test results. The court shall provide information on the 
14availability of HIV testing and counseling at Department of 
15Public Health facilities to all parties to whom the results of 
16the testing are revealed and shall direct the State's Attorney 
17to provide the information to the victim when possible. The 
18court shall order that the cost of any such test shall be paid 
19by the county and may be taxed as costs against the convicted 
20defendant.
21 (g-5) When an inmate is tested for an airborne 
22communicable disease, as determined by the Illinois Department 
23of Public Health, including, but not limited to, tuberculosis, 
24the results of the test shall be personally delivered by the 
25warden or his or her designee in a sealed envelope to the judge 
26of the court in which the inmate must appear for the judge's 
 
 
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1inspection in camera if requested by the judge. Acting in 
2accordance with the best interests of those in the courtroom, 
3the judge shall have the discretion to determine what if any 
4precautions need to be taken to prevent transmission of the 
5disease in the courtroom.
6 (h) Whenever a defendant is convicted of an offense under 
7Section 1 or 2 of the Hypodermic Syringes and Needles Act, the 
8defendant shall undergo medical testing to determine whether 
9the defendant has been exposed to human immunodeficiency virus 
10(HIV) or any other identified causative agent of acquired 
11immunodeficiency syndrome (AIDS). Except as otherwise provided 
12by law, the results of such test shall be kept strictly 
13confidential by all medical personnel involved in the testing 
14and must be personally delivered in a sealed envelope to the 
15judge of the court in which the conviction was entered for the 
16judge's inspection in camera. Acting in accordance with the 
17best interests of the public, the judge shall have the 
18discretion to determine to whom, if anyone, the results of the 
19testing may be revealed. The court shall notify the defendant 
20of a positive test showing an infection with the human 
21immunodeficiency virus (HIV). The court shall provide 
22information on the availability of HIV testing and counseling 
23at Department of Public Health facilities to all parties to 
24whom the results of the testing are revealed and shall direct 
25the State's Attorney to provide the information to the victim 
26when possible. The court shall order that the cost of any such 
 
 
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1test shall be paid by the county and may be taxed as costs 
2against the convicted defendant.
3 (i) All fines and penalties imposed under this Section for 
4any violation of Chapters 3, 4, 6, and 11 of the Illinois 
5Vehicle Code, or a similar provision of a local ordinance, and 
6any violation of the Child Passenger Protection Act, or a 
7similar provision of a local ordinance, shall be collected and 
8disbursed by the circuit clerk as provided under the Criminal 
9and Traffic Assessment Act.
10 (j) In cases when prosecution for any violation of Section 
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9, 
1211-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
1311-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 
1411-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
1512-15, or 12-16 of the Criminal Code of 1961 or the Criminal 
16Code of 2012, any violation of the Illinois Controlled 
17Substances Act, any violation of the Cannabis Control Act, or 
18any violation of the Methamphetamine Control and Community 
19Protection Act results in conviction, a disposition of court 
20supervision, or an order of probation granted under Section 10 
21of the Cannabis Control Act, Section 410 of the Illinois 
22Controlled Substances Act, or Section 70 of the 
23Methamphetamine Control and Community Protection Act of a 
24defendant, the court shall determine whether the defendant is 
25employed by a facility or center as defined under the Child 
26Care Act of 1969, a public or private elementary or secondary 
 
 
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1school, or otherwise works with children under 18 years of age 
2on a daily basis. When a defendant is so employed, the court 
3shall order the Clerk of the Court to send a copy of the 
4judgment of conviction or order of supervision or probation to 
5the defendant's employer by certified mail. If the employer of 
6the defendant is a school, the Clerk of the Court shall direct 
7the mailing of a copy of the judgment of conviction or order of 
8supervision or probation to the appropriate regional 
9superintendent of schools. The regional superintendent of 
10schools shall notify the State Board of Education of any 
11notification under this subsection.
12 (j-5) A defendant at least 17 years of age who is convicted 
13of a felony and who has not been previously convicted of a 
14misdemeanor or felony and who is sentenced to a term of 
15imprisonment in the Illinois Department of Corrections shall 
16as a condition of his or her sentence be required by the court 
17to attend educational courses designed to prepare the 
18defendant for a high school diploma and to work toward a high 
19school diploma or to work toward passing high school 
20equivalency testing or to work toward completing a vocational 
21training program offered by the Department of Corrections. If 
22a defendant fails to complete the educational training 
23required by his or her sentence during the term of 
24incarceration, the Prisoner Review Board shall, as a condition 
25of mandatory supervised release, require the defendant, at his 
26or her own expense, to pursue a course of study toward a high 
 
 
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1school diploma or passage of high school equivalency testing. 
2The Prisoner Review Board shall revoke the mandatory 
3supervised release of a defendant who wilfully fails to comply 
4with this subsection (j-5) upon his or her release from 
5confinement in a penal institution while serving a mandatory 
6supervised release term; however, the inability of the 
7defendant after making a good faith effort to obtain financial 
8aid or pay for the educational training shall not be deemed a 
9wilful failure to comply. The Prisoner Review Board shall 
10recommit the defendant whose mandatory supervised release term 
11has been revoked under this subsection (j-5) as provided in 
12Section 3-3-9. This subsection (j-5) does not apply to a 
13defendant who has a high school diploma or has successfully 
14passed high school equivalency testing. This subsection (j-5) 
15does not apply to a defendant who is determined by the court to 
16be a person with a developmental disability or otherwise 
17mentally incapable of completing the educational or vocational 
18program.
19 (k) (Blank).
20 (l)(A) Except as provided in paragraph (C) of subsection 
21(l), whenever a defendant, who is not a citizen or national of 
22the United States, is convicted of any felony or misdemeanor 
23offense, the court after sentencing the defendant may, upon 
24motion of the State's Attorney, hold sentence in abeyance and 
25remand the defendant to the custody of the Attorney General of 
26the United States or his or her designated agent to be deported 
 
 
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1when:
2  (1) a final order of deportation has been issued 
3 against the defendant pursuant to proceedings under the 
4 Immigration and Nationality Act, and
5  (2) the deportation of the defendant would not 
6 deprecate the seriousness of the defendant's conduct and 
7 would not be inconsistent with the ends of justice.
8 Otherwise, the defendant shall be sentenced as provided in 
9this Chapter V.
10 (B) If the defendant has already been sentenced for a 
11felony or misdemeanor offense, or has been placed on probation 
12under Section 10 of the Cannabis Control Act, Section 410 of 
13the Illinois Controlled Substances Act, or Section 70 of the 
14Methamphetamine Control and Community Protection Act, the 
15court may, upon motion of the State's Attorney to suspend the 
16sentence imposed, commit the defendant to the custody of the 
17Attorney General of the United States or his or her designated 
18agent when:
19  (1) a final order of deportation has been issued 
20 against the defendant pursuant to proceedings under the 
21 Immigration and Nationality Act, and
22  (2) the deportation of the defendant would not 
23 deprecate the seriousness of the defendant's conduct and 
24 would not be inconsistent with the ends of justice.
25 (C) This subsection (l) does not apply to offenders who 
26are subject to the provisions of paragraph (2) of subsection 
 
 
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1(a) of Section 3-6-3.
2 (D) Upon motion of the State's Attorney, if a defendant 
3sentenced under this Section returns to the jurisdiction of 
4the United States, the defendant shall be recommitted to the 
5custody of the county from which he or she was sentenced. 
6Thereafter, the defendant shall be brought before the 
7sentencing court, which may impose any sentence that was 
8available under Section 5-5-3 at the time of initial 
9sentencing. In addition, the defendant shall not be eligible 
10for additional earned sentence credit as provided under 
11Section 3-6-3.
12 (m) A person convicted of criminal defacement of property 
13under Section 21-1.3 of the Criminal Code of 1961 or the 
14Criminal Code of 2012, in which the property damage exceeds 
15$300 and the property damaged is a school building, shall be 
16ordered to perform community service that may include cleanup, 
17removal, or painting over the defacement.
18 (n) The court may sentence a person convicted of a 
19violation of Section 12-19, 12-21, 16-1.3, or 17-56, or 
20subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
21of 1961 or the Criminal Code of 2012 (i) to an impact 
22incarceration program if the person is otherwise eligible for 
23that program under Section 5-8-1.1, (ii) to community service, 
24or (iii) if the person has a substance use disorder, as defined 
25in the Substance Use Disorder Act, to a treatment program 
26licensed under that Act.
 
 
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1 (o) Whenever a person is convicted of a sex offense as 
2defined in Section 2 of the Sex Offender Registration Act, the 
3defendant's driver's license or permit shall be subject to 
4renewal on an annual basis in accordance with the provisions 
5of license renewal established by the Secretary of State. 
6(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; 
7102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
85-27-22.)

9 (Text of Section after amendment by P.A. 103-51)
10 Sec. 5-5-3. Disposition. 
11 (a) (Blank).
12 (b) (Blank). 
13 (c)(1) (Blank).
14 (2) A period of probation, a term of periodic imprisonment 
15or conditional discharge shall not be imposed for the 
16following offenses. The court shall sentence the offender to 
17not less than the minimum term of imprisonment set forth in 
18this Code for the following offenses, and may order a fine or 
19restitution or both in conjunction with such term of 
20imprisonment:
21  (A) First degree murder.
22  (B) Attempted first degree murder.
23  (C) A Class X felony.
24  (D) A violation of Section 401.1 or 407 of the 
25 Illinois Controlled Substances Act, or a violation of 
 
 
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1 subdivision (c)(1.5) of Section 401 of that Act which 
2 relates to more than 5 grams of a substance containing 
3 fentanyl or an analog thereof.
4  (D-5) A violation of subdivision (c)(1) of Section 401 
5 of the Illinois Controlled Substances Act which relates to 
6 3 or more grams of a substance containing heroin or an 
7 analog thereof. 
8  (E) (Blank).
9  (F) A Class 1 or greater felony if the offender had 
10 been convicted of a Class 1 or greater felony, including 
11 any state or federal conviction for an offense that 
12 contained, at the time it was committed, the same elements 
13 as an offense now (the date of the offense committed after 
14 the prior Class 1 or greater felony) classified as a Class 
15 1 or greater felony, within 10 years of the date on which 
16 the offender committed the offense for which he or she is 
17 being sentenced, except as otherwise provided in Section 
18 40-10 of the Substance Use Disorder Act.
19  (F-3) A Class 2 or greater felony sex offense or 
20 felony firearm offense if the offender had been convicted 
21 of a Class 2 or greater felony, including any state or 
22 federal conviction for an offense that contained, at the 
23 time it was committed, the same elements as an offense now 
24 (the date of the offense committed after the prior Class 2 
25 or greater felony) classified as a Class 2 or greater 
26 felony, within 10 years of the date on which the offender 
 
 
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1 committed the offense for which he or she is being 
2 sentenced, except as otherwise provided in Section 40-10 
3 of the Substance Use Disorder Act. 
4  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 
5 of the Criminal Code of 1961 or the Criminal Code of 2012 
6 for which imprisonment is prescribed in those Sections.
7  (G) Residential burglary, except as otherwise provided 
8 in Section 40-10 of the Substance Use Disorder Act.
9  (H) Criminal sexual assault.
10  (I) Aggravated battery of a senior citizen as 
11 described in Section 12-4.6 or subdivision (a)(4) of 
12 Section 12-3.05 of the Criminal Code of 1961 or the 
13 Criminal Code of 2012.
14  (J) A forcible felony if the offense was related to 
15 the activities of an organized gang.
16  Before July 1, 1994, for the purposes of this 
17 paragraph, "organized gang" means an association of 5 or 
18 more persons, with an established hierarchy, that 
19 encourages members of the association to perpetrate crimes 
20 or provides support to the members of the association who 
21 do commit crimes.
22  Beginning July 1, 1994, for the purposes of this 
23 paragraph, "organized gang" has the meaning ascribed to it 
24 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
25 Prevention Act.
26  (K) Vehicular hijacking.
 
 
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1  (L) A second or subsequent conviction for the offense 
2 of hate crime when the underlying offense upon which the 
3 hate crime is based is felony aggravated assault or felony 
4 mob action.
5  (M) A second or subsequent conviction for the offense 
6 of institutional vandalism if the damage to the property 
7 exceeds $300.
8  (N) A Class 3 felony violation of paragraph (1) of 
9 subsection (a) of Section 2 of the Firearm Owners 
10 Identification Card Act committed before the effective 
11 date of this amendatory Act of the 103rd General Assembly.
12  (O) A violation of Section 12-6.1 or 12-6.5 of the 
13 Criminal Code of 1961 or the Criminal Code of 2012.
14  (P) A violation of paragraph (1), (2), (3), (4), (5), 
15 or (7) of subsection (a) of Section 11-20.1 of the 
16 Criminal Code of 1961 or the Criminal Code of 2012.
17  (P-5) A violation of paragraph (6) of subsection (a) 
18 of Section 11-20.1 of the Criminal Code of 1961 or the 
19 Criminal Code of 2012 if the victim is a household or 
20 family member of the defendant.
21  (Q) A violation of subsection (b) or (b-5) of Section 
22 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
23 Code of 1961 or the Criminal Code of 2012.
24  (R) A violation of Section 24-3A of the Criminal Code 
25 of 1961 or the Criminal Code of 2012.
26  (S) (Blank).
 
 
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1  (T) (Blank).
2  (U) A second or subsequent violation of Section 6-303 
3 of the Illinois Vehicle Code committed while his or her 
4 driver's license, permit, or privilege was revoked because 
5 of a violation of Section 9-3 of the Criminal Code of 1961 
6 or the Criminal Code of 2012, relating to the offense of 
7 reckless homicide, or a similar provision of a law of 
8 another state. 
9  (V) A violation of paragraph (4) of subsection (c) of 
10 Section 11-20.1B or paragraph (4) of subsection (c) of 
11 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
12 (6) of subsection (a) of Section 11-20.1 of the Criminal 
13 Code of 2012 when the victim is under 13 years of age and 
14 the defendant has previously been convicted under the laws 
15 of this State or any other state of the offense of child 
16 pornography, aggravated child pornography, aggravated 
17 criminal sexual abuse, aggravated criminal sexual assault, 
18 predatory criminal sexual assault of a child, or any of 
19 the offenses formerly known as rape, deviate sexual 
20 assault, indecent liberties with a child, or aggravated 
21 indecent liberties with a child where the victim was under 
22 the age of 18 years or an offense that is substantially 
23 equivalent to those offenses.
24  (W) A violation of Section 24-3.5 of the Criminal Code 
25 of 1961 or the Criminal Code of 2012. 
26  (X) A violation of subsection (a) of Section 31-1a of 
 
 
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1 the Criminal Code of 1961 or the Criminal Code of 2012.
2  (Y) A conviction for unlawful possession of a firearm 
3 by a street gang member when the firearm was loaded or 
4 contained firearm ammunition. 
5  (Z) A Class 1 felony committed while he or she was 
6 serving a term of probation or conditional discharge for a 
7 felony.
8  (AA) Theft of property exceeding $500,000 and not 
9 exceeding $1,000,000 in value.
10  (BB) Laundering of criminally derived property of a 
11 value exceeding $500,000.
12  (CC) Knowingly selling, offering for sale, holding for 
13 sale, or using 2,000 or more counterfeit items or 
14 counterfeit items having a retail value in the aggregate 
15 of $500,000 or more. 
16  (DD) A conviction for aggravated assault under 
17 paragraph (6) of subsection (c) of Section 12-2 of the 
18 Criminal Code of 1961 or the Criminal Code of 2012 if the 
19 firearm is aimed toward the person against whom the 
20 firearm is being used. 
21  (EE) A conviction for a violation of paragraph (2) of 
22 subsection (a) of Section 24-3B of the Criminal Code of 
23 2012. 
24 (3) (Blank).
25 (4) A minimum term of imprisonment of not less than 10 
26consecutive days or 30 days of community service shall be 
 
 
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1imposed for a violation of paragraph (c) of Section 6-303 of 
2the Illinois Vehicle Code.
3 (4.1) (Blank).
4 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
5this subsection (c), a minimum of 100 hours of community 
6service shall be imposed for a second violation of Section 
76-303 of the Illinois Vehicle Code.
8 (4.3) A minimum term of imprisonment of 30 days or 300 
9hours of community service, as determined by the court, shall 
10be imposed for a second violation of subsection (c) of Section 
116-303 of the Illinois Vehicle Code.
12 (4.4) Except as provided in paragraphs (4.5), (4.6), and 
13(4.9) of this subsection (c), a minimum term of imprisonment 
14of 30 days or 300 hours of community service, as determined by 
15the court, shall be imposed for a third or subsequent 
16violation of Section 6-303 of the Illinois Vehicle Code. The 
17court may give credit toward the fulfillment of community 
18service hours for participation in activities and treatment as 
19determined by court services. 
20 (4.5) A minimum term of imprisonment of 30 days shall be 
21imposed for a third violation of subsection (c) of Section 
226-303 of the Illinois Vehicle Code.
23 (4.6) Except as provided in paragraph (4.10) of this 
24subsection (c), a minimum term of imprisonment of 180 days 
25shall be imposed for a fourth or subsequent violation of 
26subsection (c) of Section 6-303 of the Illinois Vehicle Code.
 
 
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1 (4.7) A minimum term of imprisonment of not less than 30 
2consecutive days, or 300 hours of community service, shall be 
3imposed for a violation of subsection (a-5) of Section 6-303 
4of the Illinois Vehicle Code, as provided in subsection (b-5) 
5of that Section. 
6 (4.8) A mandatory prison sentence shall be imposed for a 
7second violation of subsection (a-5) of Section 6-303 of the 
8Illinois Vehicle Code, as provided in subsection (c-5) of that 
9Section. The person's driving privileges shall be revoked for 
10a period of not less than 5 years from the date of his or her 
11release from prison. 
12 (4.9) A mandatory prison sentence of not less than 4 and 
13not more than 15 years shall be imposed for a third violation 
14of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
15Code, as provided in subsection (d-2.5) of that Section. The 
16person's driving privileges shall be revoked for the remainder 
17of his or her life. 
18 (4.10) A mandatory prison sentence for a Class 1 felony 
19shall be imposed, and the person shall be eligible for an 
20extended term sentence, for a fourth or subsequent violation 
21of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
22Code, as provided in subsection (d-3.5) of that Section. The 
23person's driving privileges shall be revoked for the remainder 
24of his or her life. 
25 (5) The court may sentence a corporation or unincorporated 
26association convicted of any offense to:
 
 
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1  (A) a period of conditional discharge;
2  (B) a fine;
3  (C) make restitution to the victim under Section 5-5-6 
4 of this Code.
5 (5.1) In addition to any other penalties imposed, and 
6except as provided in paragraph (5.2) or (5.3), a person 
7convicted of violating subsection (c) of Section 11-907 of the 
8Illinois Vehicle Code shall have his or her driver's license, 
9permit, or privileges suspended for at least 90 days but not 
10more than one year, if the violation resulted in damage to the 
11property of another person.
12 (5.2) In addition to any other penalties imposed, and 
13except as provided in paragraph (5.3), a person convicted of 
14violating subsection (c) of Section 11-907 of the Illinois 
15Vehicle Code shall have his or her driver's license, permit, 
16or privileges suspended for at least 180 days but not more than 
172 years, if the violation resulted in injury to another 
18person.
19 (5.3) In addition to any other penalties imposed, a person 
20convicted of violating subsection (c) of Section 11-907 of the 
21Illinois Vehicle Code shall have his or her driver's license, 
22permit, or privileges suspended for 2 years, if the violation 
23resulted in the death of another person.
24 (5.4) In addition to any other penalties imposed, a person 
25convicted of violating Section 3-707 of the Illinois Vehicle 
26Code shall have his or her driver's license, permit, or 
 
 
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1privileges suspended for 3 months and until he or she has paid 
2a reinstatement fee of $100.
3 (5.5) In addition to any other penalties imposed, a person 
4convicted of violating Section 3-707 of the Illinois Vehicle 
5Code during a period in which his or her driver's license, 
6permit, or privileges were suspended for a previous violation 
7of that Section shall have his or her driver's license, 
8permit, or privileges suspended for an additional 6 months 
9after the expiration of the original 3-month suspension and 
10until he or she has paid a reinstatement fee of $100. 
11 (6) (Blank).
12 (7) (Blank).
13 (8) (Blank).
14 (9) A defendant convicted of a second or subsequent 
15offense of ritualized abuse of a child may be sentenced to a 
16term of natural life imprisonment.
17 (10) (Blank).
18 (11) The court shall impose a minimum fine of $1,000 for a 
19first offense and $2,000 for a second or subsequent offense 
20upon a person convicted of or placed on supervision for 
21battery when the individual harmed was a sports official or 
22coach at any level of competition and the act causing harm to 
23the sports official or coach occurred within an athletic 
24facility or within the immediate vicinity of the athletic 
25facility at which the sports official or coach was an active 
26participant of the athletic contest held at the athletic 
 
 
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1facility. For the purposes of this paragraph (11), "sports 
2official" means a person at an athletic contest who enforces 
3the rules of the contest, such as an umpire or referee; 
4"athletic facility" means an indoor or outdoor playing field 
5or recreational area where sports activities are conducted; 
6and "coach" means a person recognized as a coach by the 
7sanctioning authority that conducted the sporting event.
8 (12) A person may not receive a disposition of court 
9supervision for a violation of Section 5-16 of the Boat 
10Registration and Safety Act if that person has previously 
11received a disposition of court supervision for a violation of 
12that Section. 
13 (13) A person convicted of or placed on court supervision 
14for an assault or aggravated assault when the victim and the 
15offender are family or household members as defined in Section 
16103 of the Illinois Domestic Violence Act of 1986 or convicted 
17of domestic battery or aggravated domestic battery may be 
18required to attend a Partner Abuse Intervention Program under 
19protocols set forth by the Illinois Department of Human 
20Services under such terms and conditions imposed by the court. 
21The costs of such classes shall be paid by the offender. 
22 (d) In any case in which a sentence originally imposed is 
23vacated, the case shall be remanded to the trial court. The 
24trial court shall hold a hearing under Section 5-4-1 of this 
25Code which may include evidence of the defendant's life, moral 
26character and occupation during the time since the original 
 
 
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1sentence was passed. The trial court shall then impose 
2sentence upon the defendant. The trial court may impose any 
3sentence which could have been imposed at the original trial 
4subject to Section 5-5-4 of this Code. If a sentence is vacated 
5on appeal or on collateral attack due to the failure of the 
6trier of fact at trial to determine beyond a reasonable doubt 
7the existence of a fact (other than a prior conviction) 
8necessary to increase the punishment for the offense beyond 
9the statutory maximum otherwise applicable, either the 
10defendant may be re-sentenced to a term within the range 
11otherwise provided or, if the State files notice of its 
12intention to again seek the extended sentence, the defendant 
13shall be afforded a new trial.
14 (e) In cases where prosecution for aggravated criminal 
15sexual abuse under Section 11-1.60 or 12-16 of the Criminal 
16Code of 1961 or the Criminal Code of 2012 results in conviction 
17of a defendant who was a family member of the victim at the 
18time of the commission of the offense, the court shall 
19consider the safety and welfare of the victim and may impose a 
20sentence of probation only where:
21  (1) the court finds (A) or (B) or both are 
22 appropriate:
23   (A) the defendant is willing to undergo a court 
24 approved counseling program for a minimum duration of 
25 2 years; or
26   (B) the defendant is willing to participate in a 
 
 
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1 court approved plan, including, but not limited to, 
2 the defendant's:
3    (i) removal from the household;
4    (ii) restricted contact with the victim;
5    (iii) continued financial support of the 
6 family;
7    (iv) restitution for harm done to the victim; 
8 and
9    (v) compliance with any other measures that 
10 the court may deem appropriate; and
11  (2) the court orders the defendant to pay for the 
12 victim's counseling services, to the extent that the court 
13 finds, after considering the defendant's income and 
14 assets, that the defendant is financially capable of 
15 paying for such services, if the victim was under 18 years 
16 of age at the time the offense was committed and requires 
17 counseling as a result of the offense.
18 Probation may be revoked or modified pursuant to Section 
195-6-4; except where the court determines at the hearing that 
20the defendant violated a condition of his or her probation 
21restricting contact with the victim or other family members or 
22commits another offense with the victim or other family 
23members, the court shall revoke the defendant's probation and 
24impose a term of imprisonment.
25 For the purposes of this Section, "family member" and 
26"victim" shall have the meanings ascribed to them in Section 
 
 
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111-0.1 of the Criminal Code of 2012.
2 (f) (Blank).
3 (g) Whenever a defendant is convicted of an offense under 
4Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, 
511-14.3, 11-14.4 except for an offense that involves keeping a 
6place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
711-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 
812-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the 
9Criminal Code of 2012, the defendant shall undergo medical 
10testing to determine whether the defendant has any sexually 
11transmissible disease, including a test for infection with 
12human immunodeficiency virus (HIV) or any other identified 
13causative agent of acquired immunodeficiency syndrome (AIDS). 
14Any such medical test shall be performed only by appropriately 
15licensed medical practitioners and may include an analysis of 
16any bodily fluids as well as an examination of the defendant's 
17person. Except as otherwise provided by law, the results of 
18such test shall be kept strictly confidential by all medical 
19personnel involved in the testing and must be personally 
20delivered in a sealed envelope to the judge of the court in 
21which the conviction was entered for the judge's inspection in 
22camera. Acting in accordance with the best interests of the 
23victim and the public, the judge shall have the discretion to 
24determine to whom, if anyone, the results of the testing may be 
25revealed. The court shall notify the defendant of the test 
26results. The court shall also notify the victim if requested 
 
 
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1by the victim, and if the victim is under the age of 15 and if 
2requested by the victim's parents or legal guardian, the court 
3shall notify the victim's parents or legal guardian of the 
4test results. The court shall provide information on the 
5availability of HIV testing and counseling at Department of 
6Public Health facilities to all parties to whom the results of 
7the testing are revealed and shall direct the State's Attorney 
8to provide the information to the victim when possible. The 
9court shall order that the cost of any such test shall be paid 
10by the county and may be taxed as costs against the convicted 
11defendant.
12 (g-5) When an inmate is tested for an airborne 
13communicable disease, as determined by the Illinois Department 
14of Public Health, including, but not limited to, tuberculosis, 
15the results of the test shall be personally delivered by the 
16warden or his or her designee in a sealed envelope to the judge 
17of the court in which the inmate must appear for the judge's 
18inspection in camera if requested by the judge. Acting in 
19accordance with the best interests of those in the courtroom, 
20the judge shall have the discretion to determine what if any 
21precautions need to be taken to prevent transmission of the 
22disease in the courtroom.
23 (h) Whenever a defendant is convicted of an offense under 
24Section 1 or 2 of the Hypodermic Syringes and Needles Act, the 
25defendant shall undergo medical testing to determine whether 
26the defendant has been exposed to human immunodeficiency virus 
 
 
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1(HIV) or any other identified causative agent of acquired 
2immunodeficiency syndrome (AIDS). Except as otherwise provided 
3by law, the results of such test shall be kept strictly 
4confidential by all medical personnel involved in the testing 
5and must be personally delivered in a sealed envelope to the 
6judge of the court in which the conviction was entered for the 
7judge's inspection in camera. Acting in accordance with the 
8best interests of the public, the judge shall have the 
9discretion to determine to whom, if anyone, the results of the 
10testing may be revealed. The court shall notify the defendant 
11of a positive test showing an infection with the human 
12immunodeficiency virus (HIV). The court shall provide 
13information on the availability of HIV testing and counseling 
14at Department of Public Health facilities to all parties to 
15whom the results of the testing are revealed and shall direct 
16the State's Attorney to provide the information to the victim 
17when possible. The court shall order that the cost of any such 
18test shall be paid by the county and may be taxed as costs 
19against the convicted defendant.
20 (i) All fines and penalties imposed under this Section for 
21any violation of Chapters 3, 4, 6, and 11 of the Illinois 
22Vehicle Code, or a similar provision of a local ordinance, and 
23any violation of the Child Passenger Protection Act, or a 
24similar provision of a local ordinance, shall be collected and 
25disbursed by the circuit clerk as provided under the Criminal 
26and Traffic Assessment Act.
 
 
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1 (j) In cases when prosecution for any violation of Section 
211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9, 
311-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
411-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 
511-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
612-15, or 12-16 of the Criminal Code of 1961 or the Criminal 
7Code of 2012, any violation of the Illinois Controlled 
8Substances Act, any violation of the Cannabis Control Act, or 
9any violation of the Methamphetamine Control and Community 
10Protection Act results in conviction, a disposition of court 
11supervision, or an order of probation granted under Section 10 
12of the Cannabis Control Act, Section 410 of the Illinois 
13Controlled Substances Act, or Section 70 of the 
14Methamphetamine Control and Community Protection Act of a 
15defendant, the court shall determine whether the defendant is 
16employed by a facility or center as defined under the Child 
17Care Act of 1969, a public or private elementary or secondary 
18school, or otherwise works with children under 18 years of age 
19on a daily basis. When a defendant is so employed, the court 
20shall order the Clerk of the Court to send a copy of the 
21judgment of conviction or order of supervision or probation to 
22the defendant's employer by certified mail. If the employer of 
23the defendant is a school, the Clerk of the Court shall direct 
24the mailing of a copy of the judgment of conviction or order of 
25supervision or probation to the appropriate regional 
26superintendent of schools. The regional superintendent of 
 
 
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1schools shall notify the State Board of Education of any 
2notification under this subsection.
3 (j-5) A defendant at least 17 years of age who is convicted 
4of a felony and who has not been previously convicted of a 
5misdemeanor or felony and who is sentenced to a term of 
6imprisonment in the Illinois Department of Corrections shall 
7as a condition of his or her sentence be required by the court 
8to attend educational courses designed to prepare the 
9defendant for a high school diploma and to work toward a high 
10school diploma or to work toward passing high school 
11equivalency testing or to work toward completing a vocational 
12training program offered by the Department of Corrections. If 
13a defendant fails to complete the educational training 
14required by his or her sentence during the term of 
15incarceration, the Prisoner Review Board shall, as a condition 
16of mandatory supervised release, require the defendant, at his 
17or her own expense, to pursue a course of study toward a high 
18school diploma or passage of high school equivalency testing. 
19The Prisoner Review Board shall revoke the mandatory 
20supervised release of a defendant who wilfully fails to comply 
21with this subsection (j-5) upon his or her release from 
22confinement in a penal institution while serving a mandatory 
23supervised release term; however, the inability of the 
24defendant after making a good faith effort to obtain financial 
25aid or pay for the educational training shall not be deemed a 
26wilful failure to comply. The Prisoner Review Board shall 
 
 
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1recommit the defendant whose mandatory supervised release term 
2has been revoked under this subsection (j-5) as provided in 
3Section 3-3-9. This subsection (j-5) does not apply to a 
4defendant who has a high school diploma or has successfully 
5passed high school equivalency testing. This subsection (j-5) 
6does not apply to a defendant who is determined by the court to 
7be a person with a developmental disability or otherwise 
8mentally incapable of completing the educational or vocational 
9program.
10 (k) (Blank).
11 (l)(A) Except as provided in paragraph (C) of subsection 
12(l), whenever a defendant, who is not a citizen or national of 
13the United States, is convicted of any felony or misdemeanor 
14offense, the court after sentencing the defendant may, upon 
15motion of the State's Attorney, hold sentence in abeyance and 
16remand the defendant to the custody of the Attorney General of 
17the United States or his or her designated agent to be deported 
18when:
19  (1) a final order of deportation has been issued 
20 against the defendant pursuant to proceedings under the 
21 Immigration and Nationality Act, and
22  (2) the deportation of the defendant would not 
23 deprecate the seriousness of the defendant's conduct and 
24 would not be inconsistent with the ends of justice.
25 Otherwise, the defendant shall be sentenced as provided in 
26this Chapter V.
 
 
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1 (B) If the defendant has already been sentenced for a 
2felony or misdemeanor offense, or has been placed on probation 
3under Section 10 of the Cannabis Control Act, Section 410 of 
4the Illinois Controlled Substances Act, or Section 70 of the 
5Methamphetamine Control and Community Protection Act, the 
6court may, upon motion of the State's Attorney to suspend the 
7sentence imposed, commit the defendant to the custody of the 
8Attorney General of the United States or his or her designated 
9agent when:
10  (1) a final order of deportation has been issued 
11 against the defendant pursuant to proceedings under the 
12 Immigration and Nationality Act, and
13  (2) the deportation of the defendant would not 
14 deprecate the seriousness of the defendant's conduct and 
15 would not be inconsistent with the ends of justice.
16 (C) This subsection (l) does not apply to offenders who 
17are subject to the provisions of paragraph (2) of subsection 
18(a) of Section 3-6-3.
19 (D) Upon motion of the State's Attorney, if a defendant 
20sentenced under this Section returns to the jurisdiction of 
21the United States, the defendant shall be recommitted to the 
22custody of the county from which he or she was sentenced. 
23Thereafter, the defendant shall be brought before the 
24sentencing court, which may impose any sentence that was 
25available under Section 5-5-3 at the time of initial 
26sentencing. In addition, the defendant shall not be eligible 
 
 
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1for additional earned sentence credit as provided under 
2Section 3-6-3.
3 (m) A person convicted of criminal defacement of property 
4under Section 21-1.3 of the Criminal Code of 1961 or the 
5Criminal Code of 2012, in which the property damage exceeds 
6$300 and the property damaged is a school building, shall be 
7ordered to perform community service that may include cleanup, 
8removal, or painting over the defacement.
9 (n) The court may sentence a person convicted of a 
10violation of Section 12-19, 12-21, 16-1.3, or 17-56, or 
11subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
12of 1961 or the Criminal Code of 2012 (i) to an impact 
13incarceration program if the person is otherwise eligible for 
14that program under Section 5-8-1.1, (ii) to community service, 
15or (iii) if the person has a substance use disorder, as defined 
16in the Substance Use Disorder Act, to a treatment program 
17licensed under that Act.
18 (o) Whenever a person is convicted of a sex offense as 
19defined in Section 2 of the Sex Offender Registration Act, the 
20defendant's driver's license or permit shall be subject to 
21renewal on an annual basis in accordance with the provisions 
22of license renewal established by the Secretary of State. 
23(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; 
24102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff. 
251-1-24.)

 
 
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1 (730 ILCS 5/5-5-3.2)
2 Sec. 5-5-3.2. Factors in aggravation and extended-term 
3sentencing. 
4 (a) The following factors shall be accorded weight in 
5favor of imposing a term of imprisonment or may be considered 
6by the court as reasons to impose a more severe sentence under 
7Section 5-8-1 or Article 4.5 of Chapter V:
8  (1) the defendant's conduct caused or threatened 
9 serious harm;
10  (2) the defendant received compensation for committing 
11 the offense;
12  (3) the defendant has a history of prior delinquency 
13 or criminal activity;
14  (4) the defendant, by the duties of his office or by 
15 his position, was obliged to prevent the particular 
16 offense committed or to bring the offenders committing it 
17 to justice;
18  (5) the defendant held public office at the time of 
19 the offense, and the offense related to the conduct of 
20 that office;
21  (6) the defendant utilized his professional reputation 
22 or position in the community to commit the offense, or to 
23 afford him an easier means of committing it;
24  (7) the sentence is necessary to deter others from 
25 committing the same crime;
26  (8) the defendant committed the offense against a 
 
 
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1 person 60 years of age or older or such person's property;
2  (9) the defendant committed the offense against a 
3 person who has a physical disability or such person's 
4 property;
5  (10) by reason of another individual's actual or 
6 perceived race, color, creed, religion, ancestry, gender, 
7 sexual orientation, physical or mental disability, or 
8 national origin, the defendant committed the offense 
9 against (i) the person or property of that individual; 
10 (ii) the person or property of a person who has an 
11 association with, is married to, or has a friendship with 
12 the other individual; or (iii) the person or property of a 
13 relative (by blood or marriage) of a person described in 
14 clause (i) or (ii). For the purposes of this Section, 
15 "sexual orientation" has the meaning ascribed to it in 
16 paragraph (O-1) of Section 1-103 of the Illinois Human 
17 Rights Act;
18  (11) the offense took place in a place of worship or on 
19 the grounds of a place of worship, immediately prior to, 
20 during or immediately following worship services. For 
21 purposes of this subparagraph, "place of worship" shall 
22 mean any church, synagogue or other building, structure or 
23 place used primarily for religious worship;
24  (12) the defendant was convicted of a felony committed 
25 while he was on pretrial release or his own recognizance 
26 pending trial for a prior felony and was convicted of such 
 
 
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1 prior felony, or the defendant was convicted of a felony 
2 committed while he was serving a period of probation, 
3 conditional discharge, or mandatory supervised release 
4 under subsection (d) of Section 5-8-1 for a prior felony;
5  (13) the defendant committed or attempted to commit a 
6 felony while he was wearing a bulletproof vest. For the 
7 purposes of this paragraph (13), a bulletproof vest is any 
8 device which is designed for the purpose of protecting the 
9 wearer from bullets, shot or other lethal projectiles;
10  (14) the defendant held a position of trust or 
11 supervision such as, but not limited to, family member as 
12 defined in Section 11-0.1 of the Criminal Code of 2012, 
13 teacher, scout leader, baby sitter, or day care worker, in 
14 relation to a victim under 18 years of age, and the 
15 defendant committed an offense in violation of Section 
16 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
17 11-14.4 except for an offense that involves keeping a 
18 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, 
19 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
20 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
21 of 2012 against that victim;
22  (15) the defendant committed an offense related to the 
23 activities of an organized gang. For the purposes of this 
24 factor, "organized gang" has the meaning ascribed to it in 
25 Section 10 of the Streetgang Terrorism Omnibus Prevention 
26 Act;
 
 
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1  (16) the defendant committed an offense in violation 
2 of one of the following Sections while in a school, 
3 regardless of the time of day or time of year; on any 
4 conveyance owned, leased, or contracted by a school to 
5 transport students to or from school or a school related 
6 activity; on the real property of a school; or on a public 
7 way within 1,000 feet of the real property comprising any 
8 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 
9 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 
10 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 
11 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 
12 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except 
13 for subdivision (a)(4) or (g)(1), of the Criminal Code of 
14 1961 or the Criminal Code of 2012;
15  (16.5) the defendant committed an offense in violation 
16 of one of the following Sections while in a day care 
17 center, regardless of the time of day or time of year; on 
18 the real property of a day care center, regardless of the 
19 time of day or time of year; or on a public way within 
20 1,000 feet of the real property comprising any day care 
21 center, regardless of the time of day or time of year: 
22 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
23 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
24 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
25 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
26 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
 
 
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1 (a)(4) or (g)(1), of the Criminal Code of 1961 or the 
2 Criminal Code of 2012;
3  (17) the defendant committed the offense by reason of 
4 any person's activity as a community policing volunteer or 
5 to prevent any person from engaging in activity as a 
6 community policing volunteer. For the purpose of this 
7 Section, "community policing volunteer" has the meaning 
8 ascribed to it in Section 2-3.5 of the Criminal Code of 
9 2012;
10  (18) the defendant committed the offense in a nursing 
11 home or on the real property comprising a nursing home. 
12 For the purposes of this paragraph (18), "nursing home" 
13 means a skilled nursing or intermediate long term care 
14 facility that is subject to license by the Illinois 
15 Department of Public Health under the Nursing Home Care 
16 Act, the Specialized Mental Health Rehabilitation Act of 
17 2013, the ID/DD Community Care Act, or the MC/DD Act;
18  (19) the defendant was a federally licensed firearm 
19 dealer and was previously convicted of a violation of 
20 subsection (a) of Section 3 of the Firearm Owners 
21 Identification Card Act before its repeal by this 
22 amendatory Act of the 103rd General Assembly and has now 
23 committed either a felony violation of the Firearm Owners 
24 Identification Card Act or an act of armed violence while 
25 armed with a firearm;
26  (20) the defendant (i) committed the offense of 
 
 
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1 reckless homicide under Section 9-3 of the Criminal Code 
2 of 1961 or the Criminal Code of 2012 or the offense of 
3 driving under the influence of alcohol, other drug or 
4 drugs, intoxicating compound or compounds or any 
5 combination thereof under Section 11-501 of the Illinois 
6 Vehicle Code or a similar provision of a local ordinance 
7 and (ii) was operating a motor vehicle in excess of 20 
8 miles per hour over the posted speed limit as provided in 
9 Article VI of Chapter 11 of the Illinois Vehicle Code; 
10  (21) the defendant (i) committed the offense of 
11 reckless driving or aggravated reckless driving under 
12 Section 11-503 of the Illinois Vehicle Code and (ii) was 
13 operating a motor vehicle in excess of 20 miles per hour 
14 over the posted speed limit as provided in Article VI of 
15 Chapter 11 of the Illinois Vehicle Code;
16  (22) the defendant committed the offense against a 
17 person that the defendant knew, or reasonably should have 
18 known, was a member of the Armed Forces of the United 
19 States serving on active duty. For purposes of this clause 
20 (22), the term "Armed Forces" means any of the Armed 
21 Forces of the United States, including a member of any 
22 reserve component thereof or National Guard unit called to 
23 active duty; 
24  (23) the defendant committed the offense against a 
25 person who was elderly or infirm or who was a person with a 
26 disability by taking advantage of a family or fiduciary 
 
 
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1 relationship with the elderly or infirm person or person 
2 with a disability; 
3  (24) the defendant committed any offense under Section 
4 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
5 of 2012 and possessed 100 or more images; 
6  (25) the defendant committed the offense while the 
7 defendant or the victim was in a train, bus, or other 
8 vehicle used for public transportation;
9  (26) the defendant committed the offense of child 
10 pornography or aggravated child pornography, specifically 
11 including paragraph (1), (2), (3), (4), (5), or (7) of 
12 subsection (a) of Section 11-20.1 of the Criminal Code of 
13 1961 or the Criminal Code of 2012 where a child engaged in, 
14 solicited for, depicted in, or posed in any act of sexual 
15 penetration or bound, fettered, or subject to sadistic, 
16 masochistic, or sadomasochistic abuse in a sexual context 
17 and specifically including paragraph (1), (2), (3), (4), 
18 (5), or (7) of subsection (a) of Section 11-20.1B or 
19 Section 11-20.3 of the Criminal Code of 1961 where a child 
20 engaged in, solicited for, depicted in, or posed in any 
21 act of sexual penetration or bound, fettered, or subject 
22 to sadistic, masochistic, or sadomasochistic abuse in a 
23 sexual context;
24  (27) the defendant committed the offense of first 
25 degree murder, assault, aggravated assault, battery, 
26 aggravated battery, robbery, armed robbery, or aggravated 
 
 
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1 robbery against a person who was a veteran and the 
2 defendant knew, or reasonably should have known, that the 
3 person was a veteran performing duties as a representative 
4 of a veterans' organization. For the purposes of this 
5 paragraph (27), "veteran" means an Illinois resident who 
6 has served as a member of the United States Armed Forces, a 
7 member of the Illinois National Guard, or a member of the 
8 United States Reserve Forces; and "veterans' organization" 
9 means an organization comprised of members of which 
10 substantially all are individuals who are veterans or 
11 spouses, widows, or widowers of veterans, the primary 
12 purpose of which is to promote the welfare of its members 
13 and to provide assistance to the general public in such a 
14 way as to confer a public benefit; 
15  (28) the defendant committed the offense of assault, 
16 aggravated assault, battery, aggravated battery, robbery, 
17 armed robbery, or aggravated robbery against a person that 
18 the defendant knew or reasonably should have known was a 
19 letter carrier or postal worker while that person was 
20 performing his or her duties delivering mail for the 
21 United States Postal Service;
22  (29) the defendant committed the offense of criminal 
23 sexual assault, aggravated criminal sexual assault, 
24 criminal sexual abuse, or aggravated criminal sexual abuse 
25 against a victim with an intellectual disability, and the 
26 defendant holds a position of trust, authority, or 
 
 
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1 supervision in relation to the victim;
2  (30) the defendant committed the offense of promoting 
3 juvenile prostitution, patronizing a prostitute, or 
4 patronizing a minor engaged in prostitution and at the 
5 time of the commission of the offense knew that the 
6 prostitute or minor engaged in prostitution was in the 
7 custody or guardianship of the Department of Children and 
8 Family Services;
9  (31) the defendant (i) committed the offense of 
10 driving while under the influence of alcohol, other drug 
11 or drugs, intoxicating compound or compounds or any 
12 combination thereof in violation of Section 11-501 of the 
13 Illinois Vehicle Code or a similar provision of a local 
14 ordinance and (ii) the defendant during the commission of 
15 the offense was driving his or her vehicle upon a roadway 
16 designated for one-way traffic in the opposite direction 
17 of the direction indicated by official traffic control 
18 devices; 
19  (32) the defendant committed the offense of reckless 
20 homicide while committing a violation of Section 11-907 of 
21 the Illinois Vehicle Code; 
22  (33) the defendant was found guilty of an 
23 administrative infraction related to an act or acts of 
24 public indecency or sexual misconduct in the penal 
25 institution. In this paragraph (33), "penal institution" 
26 has the same meaning as in Section 2-14 of the Criminal 
 
 
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1 Code of 2012; or
2  (34) the defendant committed the offense of leaving 
3 the scene of a crash in violation of subsection (b) of 
4 Section 11-401 of the Illinois Vehicle Code and the crash 
5 resulted in the death of a person and at the time of the 
6 offense, the defendant was: (i) driving under the 
7 influence of alcohol, other drug or drugs, intoxicating 
8 compound or compounds or any combination thereof as 
9 defined by Section 11-501 of the Illinois Vehicle Code; or 
10 (ii) operating the motor vehicle while using an electronic 
11 communication device as defined in Section 12-610.2 of the 
12 Illinois Vehicle Code. 
13 For the purposes of this Section:
14 "School" is defined as a public or private elementary or 
15secondary school, community college, college, or university.
16 "Day care center" means a public or private State 
17certified and licensed day care center as defined in Section 
182.09 of the Child Care Act of 1969 that displays a sign in 
19plain view stating that the property is a day care center.
20 "Intellectual disability" means significantly subaverage 
21intellectual functioning which exists concurrently with 
22impairment in adaptive behavior. 
23 "Public transportation" means the transportation or 
24conveyance of persons by means available to the general 
25public, and includes paratransit services.
26 "Traffic control devices" means all signs, signals, 
 
 
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1markings, and devices that conform to the Illinois Manual on 
2Uniform Traffic Control Devices, placed or erected by 
3authority of a public body or official having jurisdiction, 
4for the purpose of regulating, warning, or guiding traffic. 
5 (b) The following factors, related to all felonies, may be 
6considered by the court as reasons to impose an extended term 
7sentence under Section 5-8-2 upon any offender:
8  (1) When a defendant is convicted of any felony, after 
9 having been previously convicted in Illinois or any other 
10 jurisdiction of the same or similar class felony or 
11 greater class felony, when such conviction has occurred 
12 within 10 years after the previous conviction, excluding 
13 time spent in custody, and such charges are separately 
14 brought and tried and arise out of different series of 
15 acts; or
16  (2) When a defendant is convicted of any felony and 
17 the court finds that the offense was accompanied by 
18 exceptionally brutal or heinous behavior indicative of 
19 wanton cruelty; or
20  (3) When a defendant is convicted of any felony 
21 committed against:
22   (i) a person under 12 years of age at the time of 
23 the offense or such person's property;
24   (ii) a person 60 years of age or older at the time 
25 of the offense or such person's property; or
26   (iii) a person who had a physical disability at 
 
 
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1 the time of the offense or such person's property; or
2  (4) When a defendant is convicted of any felony and 
3 the offense involved any of the following types of 
4 specific misconduct committed as part of a ceremony, rite, 
5 initiation, observance, performance, practice or activity 
6 of any actual or ostensible religious, fraternal, or 
7 social group:
8   (i) the brutalizing or torturing of humans or 
9 animals;
10   (ii) the theft of human corpses;
11   (iii) the kidnapping of humans;
12   (iv) the desecration of any cemetery, religious, 
13 fraternal, business, governmental, educational, or 
14 other building or property; or
15   (v) ritualized abuse of a child; or
16  (5) When a defendant is convicted of a felony other 
17 than conspiracy and the court finds that the felony was 
18 committed under an agreement with 2 or more other persons 
19 to commit that offense and the defendant, with respect to 
20 the other individuals, occupied a position of organizer, 
21 supervisor, financier, or any other position of management 
22 or leadership, and the court further finds that the felony 
23 committed was related to or in furtherance of the criminal 
24 activities of an organized gang or was motivated by the 
25 defendant's leadership in an organized gang; or
26  (6) When a defendant is convicted of an offense 
 
 
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1 committed while using a firearm with a laser sight 
2 attached to it. For purposes of this paragraph, "laser 
3 sight" has the meaning ascribed to it in Section 26-7 of 
4 the Criminal Code of 2012; or
5  (7) When a defendant who was at least 17 years of age 
6 at the time of the commission of the offense is convicted 
7 of a felony and has been previously adjudicated a 
8 delinquent minor under the Juvenile Court Act of 1987 for 
9 an act that if committed by an adult would be a Class X or 
10 Class 1 felony when the conviction has occurred within 10 
11 years after the previous adjudication, excluding time 
12 spent in custody; or
13  (8) When a defendant commits any felony and the 
14 defendant used, possessed, exercised control over, or 
15 otherwise directed an animal to assault a law enforcement 
16 officer engaged in the execution of his or her official 
17 duties or in furtherance of the criminal activities of an 
18 organized gang in which the defendant is engaged; or 
19  (9) When a defendant commits any felony and the 
20 defendant knowingly video or audio records the offense 
21 with the intent to disseminate the recording. 
22 (c) The following factors may be considered by the court 
23as reasons to impose an extended term sentence under Section 
245-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed 
25offenses:
26  (1) When a defendant is convicted of first degree 
 
 
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1 murder, after having been previously convicted in Illinois 
2 of any offense listed under paragraph (c)(2) of Section 
3 5-5-3 (730 ILCS 5/5-5-3), when that conviction has 
4 occurred within 10 years after the previous conviction, 
5 excluding time spent in custody, and the charges are 
6 separately brought and tried and arise out of different 
7 series of acts.
8  (1.5) When a defendant is convicted of first degree 
9 murder, after having been previously convicted of domestic 
10 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
11 (720 ILCS 5/12-3.3) committed on the same victim or after 
12 having been previously convicted of violation of an order 
13 of protection (720 ILCS 5/12-30) in which the same victim 
14 was the protected person. 
15  (2) When a defendant is convicted of voluntary 
16 manslaughter, second degree murder, involuntary 
17 manslaughter, or reckless homicide in which the defendant 
18 has been convicted of causing the death of more than one 
19 individual.
20  (3) When a defendant is convicted of aggravated 
21 criminal sexual assault or criminal sexual assault, when 
22 there is a finding that aggravated criminal sexual assault 
23 or criminal sexual assault was also committed on the same 
24 victim by one or more other individuals, and the defendant 
25 voluntarily participated in the crime with the knowledge 
26 of the participation of the others in the crime, and the 
 
 
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1 commission of the crime was part of a single course of 
2 conduct during which there was no substantial change in 
3 the nature of the criminal objective.
4  (4) If the victim was under 18 years of age at the time 
5 of the commission of the offense, when a defendant is 
6 convicted of aggravated criminal sexual assault or 
7 predatory criminal sexual assault of a child under 
8 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
9 of Section 12-14.1 of the Criminal Code of 1961 or the 
10 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
11  (5) When a defendant is convicted of a felony 
12 violation of Section 24-1 of the Criminal Code of 1961 or 
13 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
14 finding that the defendant is a member of an organized 
15 gang.
16  (6) When a defendant was convicted of unlawful use of 
17 weapons under Section 24-1 of the Criminal Code of 1961 or 
18 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
19 a weapon that is not readily distinguishable as one of the 
20 weapons enumerated in Section 24-1 of the Criminal Code of 
21 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
22  (7) When a defendant is convicted of an offense 
23 involving the illegal manufacture of a controlled 
24 substance under Section 401 of the Illinois Controlled 
25 Substances Act (720 ILCS 570/401), the illegal manufacture 
26 of methamphetamine under Section 25 of the Methamphetamine 
 
 
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1 Control and Community Protection Act (720 ILCS 646/25), or 
2 the illegal possession of explosives and an emergency 
3 response officer in the performance of his or her duties 
4 is killed or injured at the scene of the offense while 
5 responding to the emergency caused by the commission of 
6 the offense. In this paragraph, "emergency" means a 
7 situation in which a person's life, health, or safety is 
8 in jeopardy; and "emergency response officer" means a 
9 peace officer, community policing volunteer, fireman, 
10 emergency medical technician-ambulance, emergency medical 
11 technician-intermediate, emergency medical 
12 technician-paramedic, ambulance driver, other medical 
13 assistance or first aid personnel, or hospital emergency 
14 room personnel. 
15  (8) When the defendant is convicted of attempted mob 
16 action, solicitation to commit mob action, or conspiracy 
17 to commit mob action under Section 8-1, 8-2, or 8-4 of the 
18 Criminal Code of 2012, where the criminal object is a 
19 violation of Section 25-1 of the Criminal Code of 2012, 
20 and an electronic communication is used in the commission 
21 of the offense. For the purposes of this paragraph (8), 
22 "electronic communication" shall have the meaning provided 
23 in Section 26.5-0.1 of the Criminal Code of 2012. 
24 (d) For the purposes of this Section, "organized gang" has 
25the meaning ascribed to it in Section 10 of the Illinois 
26Streetgang Terrorism Omnibus Prevention Act.
 
 
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1 (e) The court may impose an extended term sentence under 
2Article 4.5 of Chapter V upon an offender who has been 
3convicted of a felony violation of Section 11-1.20, 11-1.30, 
411-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
512-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
6when the victim of the offense is under 18 years of age at the 
7time of the commission of the offense and, during the 
8commission of the offense, the victim was under the influence 
9of alcohol, regardless of whether or not the alcohol was 
10supplied by the offender; and the offender, at the time of the 
11commission of the offense, knew or should have known that the 
12victim had consumed alcohol. 
13(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; 
14101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 
158-20-21; 102-982, eff. 7-1-23.)

16 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
17 Sec. 5-6-3. Conditions of probation and of conditional 
18discharge. 
19 (a) The conditions of probation and of conditional 
20discharge shall be that the person: 
21  (1) not violate any criminal statute of any 
22 jurisdiction; 
23  (2) report to or appear in person before such person 
24 or agency as directed by the court; 
25  (3) refrain from possessing a firearm or other 
 
 
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1 dangerous weapon where the offense is a felony or, if a 
2 misdemeanor, the offense involved the intentional or 
3 knowing infliction of bodily harm or threat of bodily 
4 harm; 
5  (4) not leave the State without the consent of the 
6 court or, in circumstances in which the reason for the 
7 absence is of such an emergency nature that prior consent 
8 by the court is not possible, without the prior 
9 notification and approval of the person's probation 
10 officer. Transfer of a person's probation or conditional 
11 discharge supervision to another state is subject to 
12 acceptance by the other state pursuant to the Interstate 
13 Compact for Adult Offender Supervision; 
14  (5) permit the probation officer to visit him at his 
15 home or elsewhere to the extent necessary to discharge his 
16 duties; 
17  (6) perform no less than 30 hours of community service 
18 and not more than 120 hours of community service, if 
19 community service is available in the jurisdiction and is 
20 funded and approved by the county board where the offense 
21 was committed, where the offense was related to or in 
22 furtherance of the criminal activities of an organized 
23 gang and was motivated by the offender's membership in or 
24 allegiance to an organized gang. The community service 
25 shall include, but not be limited to, the cleanup and 
26 repair of any damage caused by a violation of Section 
 
 
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1 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
2 2012 and similar damage to property located within the 
3 municipality or county in which the violation occurred. 
4 When possible and reasonable, the community service should 
5 be performed in the offender's neighborhood. For purposes 
6 of this Section, "organized gang" has the meaning ascribed 
7 to it in Section 10 of the Illinois Streetgang Terrorism 
8 Omnibus Prevention Act. The court may give credit toward 
9 the fulfillment of community service hours for 
10 participation in activities and treatment as determined by 
11 court services; 
12  (7) if he or she is at least 17 years of age and has 
13 been sentenced to probation or conditional discharge for a 
14 misdemeanor or felony in a county of 3,000,000 or more 
15 inhabitants and has not been previously convicted of a 
16 misdemeanor or felony, may be required by the sentencing 
17 court to attend educational courses designed to prepare 
18 the defendant for a high school diploma and to work toward 
19 a high school diploma or to work toward passing high 
20 school equivalency testing or to work toward completing a 
21 vocational training program approved by the court. The 
22 person on probation or conditional discharge must attend a 
23 public institution of education to obtain the educational 
24 or vocational training required by this paragraph (7). The 
25 court shall revoke the probation or conditional discharge 
26 of a person who willfully fails to comply with this 
 
 
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1 paragraph (7). The person on probation or conditional 
2 discharge shall be required to pay for the cost of the 
3 educational courses or high school equivalency testing if 
4 a fee is charged for those courses or testing. The court 
5 shall resentence the offender whose probation or 
6 conditional discharge has been revoked as provided in 
7 Section 5-6-4. This paragraph (7) does not apply to a 
8 person who has a high school diploma or has successfully 
9 passed high school equivalency testing. This paragraph (7) 
10 does not apply to a person who is determined by the court 
11 to be a person with a developmental disability or 
12 otherwise mentally incapable of completing the educational 
13 or vocational program; 
14  (8) if convicted of possession of a substance 
15 prohibited by the Cannabis Control Act, the Illinois 
16 Controlled Substances Act, or the Methamphetamine Control 
17 and Community Protection Act after a previous conviction 
18 or disposition of supervision for possession of a 
19 substance prohibited by the Cannabis Control Act or 
20 Illinois Controlled Substances Act or after a sentence of 
21 probation under Section 10 of the Cannabis Control Act, 
22 Section 410 of the Illinois Controlled Substances Act, or 
23 Section 70 of the Methamphetamine Control and Community 
24 Protection Act and upon a finding by the court that the 
25 person is addicted, undergo treatment at a substance abuse 
26 program approved by the court; 
 
 
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1  (8.5) if convicted of a felony sex offense as defined 
2 in the Sex Offender Management Board Act, the person shall 
3 undergo and successfully complete sex offender treatment 
4 by a treatment provider approved by the Board and 
5 conducted in conformance with the standards developed 
6 under the Sex Offender Management Board Act;
7  (8.6) if convicted of a sex offense as defined in the 
8 Sex Offender Management Board Act, refrain from residing 
9 at the same address or in the same condominium unit or 
10 apartment unit or in the same condominium complex or 
11 apartment complex with another person he or she knows or 
12 reasonably should know is a convicted sex offender or has 
13 been placed on supervision for a sex offense; the 
14 provisions of this paragraph do not apply to a person 
15 convicted of a sex offense who is placed in a Department of 
16 Corrections licensed transitional housing facility for sex 
17 offenders;
18  (8.7) if convicted for an offense committed on or 
19 after June 1, 2008 (the effective date of Public Act 
20 95-464) that would qualify the accused as a child sex 
21 offender as defined in Section 11-9.3 or 11-9.4 of the 
22 Criminal Code of 1961 or the Criminal Code of 2012, 
23 refrain from communicating with or contacting, by means of 
24 the Internet, a person who is not related to the accused 
25 and whom the accused reasonably believes to be under 18 
26 years of age; for purposes of this paragraph (8.7), 
 
 
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1 "Internet" has the meaning ascribed to it in Section 
2 16-0.1 of the Criminal Code of 2012; and a person is not 
3 related to the accused if the person is not: (i) the 
4 spouse, brother, or sister of the accused; (ii) a 
5 descendant of the accused; (iii) a first or second cousin 
6 of the accused; or (iv) a step-child or adopted child of 
7 the accused;
8  (8.8) if convicted for an offense under Section 11-6, 
9 11-9.1, 11-14.4 that involves soliciting for a juvenile 
10 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
11 of the Criminal Code of 1961 or the Criminal Code of 2012, 
12 or any attempt to commit any of these offenses, committed 
13 on or after June 1, 2009 (the effective date of Public Act 
14 95-983):
15   (i) not access or use a computer or any other 
16 device with Internet capability without the prior 
17 written approval of the offender's probation officer, 
18 except in connection with the offender's employment or 
19 search for employment with the prior approval of the 
20 offender's probation officer;
21   (ii) submit to periodic unannounced examinations 
22 of the offender's computer or any other device with 
23 Internet capability by the offender's probation 
24 officer, a law enforcement officer, or assigned 
25 computer or information technology specialist, 
26 including the retrieval and copying of all data from 
 
 
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1 the computer or device and any internal or external 
2 peripherals and removal of such information, 
3 equipment, or device to conduct a more thorough 
4 inspection;
5   (iii) submit to the installation on the offender's 
6 computer or device with Internet capability, at the 
7 offender's expense, of one or more hardware or 
8 software systems to monitor the Internet use; and
9   (iv) submit to any other appropriate restrictions 
10 concerning the offender's use of or access to a 
11 computer or any other device with Internet capability 
12 imposed by the offender's probation officer; 
13  (8.9) if convicted of a sex offense as defined in the 
14 Sex Offender Registration Act committed on or after 
15 January 1, 2010 (the effective date of Public Act 96-262), 
16 refrain from accessing or using a social networking 
17 website as defined in Section 17-0.5 of the Criminal Code 
18 of 2012; 
19  (9) if convicted of a felony or of any misdemeanor 
20 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
21 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
22 2012 that was determined, pursuant to Section 112A-11.1 of 
23 the Code of Criminal Procedure of 1963, to trigger the 
24 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
25 at a time and place designated by the court, his or her 
26 Firearm Owner's Identification Card and any and all 
 
 
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1 firearms in his or her possession. The Court shall return 
2 to the Illinois State Police Firearm Owner's 
3 Identification Card Office the person's Firearm Owner's 
4 Identification Card; 
5  (10) if convicted of a sex offense as defined in 
6 subsection (a-5) of Section 3-1-2 of this Code, unless the 
7 offender is a parent or guardian of the person under 18 
8 years of age present in the home and no non-familial 
9 minors are present, not participate in a holiday event 
10 involving children under 18 years of age, such as 
11 distributing candy or other items to children on 
12 Halloween, wearing a Santa Claus costume on or preceding 
13 Christmas, being employed as a department store Santa 
14 Claus, or wearing an Easter Bunny costume on or preceding 
15 Easter; 
16  (11) if convicted of a sex offense as defined in 
17 Section 2 of the Sex Offender Registration Act committed 
18 on or after January 1, 2010 (the effective date of Public 
19 Act 96-362) that requires the person to register as a sex 
20 offender under that Act, may not knowingly use any 
21 computer scrub software on any computer that the sex 
22 offender uses; 
23  (12) if convicted of a violation of the 
24 Methamphetamine Control and Community Protection Act, the 
25 Methamphetamine Precursor Control Act, or a 
26 methamphetamine related offense:
 
 
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1   (A) prohibited from purchasing, possessing, or 
2 having under his or her control any product containing 
3 pseudoephedrine unless prescribed by a physician; and
4   (B) prohibited from purchasing, possessing, or 
5 having under his or her control any product containing 
6 ammonium nitrate; and
7  (13) if convicted of a hate crime involving the 
8 protected class identified in subsection (a) of Section 
9 12-7.1 of the Criminal Code of 2012 that gave rise to the 
10 offense the offender committed, perform public or 
11 community service of no less than 200 hours and enroll in 
12 an educational program discouraging hate crimes that 
13 includes racial, ethnic, and cultural sensitivity training 
14 ordered by the court. 
15 (b) The Court may in addition to other reasonable 
16conditions relating to the nature of the offense or the 
17rehabilitation of the defendant as determined for each 
18defendant in the proper discretion of the Court require that 
19the person: 
20  (1) serve a term of periodic imprisonment under 
21 Article 7 for a period not to exceed that specified in 
22 paragraph (d) of Section 5-7-1; 
23  (2) pay a fine and costs; 
24  (3) work or pursue a course of study or vocational 
25 training; 
26  (4) undergo medical, psychological or psychiatric 
 
 
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1 treatment; or treatment for drug addiction or alcoholism; 
2  (5) attend or reside in a facility established for the 
3 instruction or residence of defendants on probation; 
4  (6) support his dependents; 
5  (7) and in addition, if a minor: 
6   (i) reside with his parents or in a foster home; 
7   (ii) attend school; 
8   (iii) attend a non-residential program for youth; 
9   (iv) contribute to his own support at home or in a 
10 foster home; 
11   (v) with the consent of the superintendent of the 
12 facility, attend an educational program at a facility 
13 other than the school in which the offense was 
14 committed if he or she is convicted of a crime of 
15 violence as defined in Section 2 of the Crime Victims 
16 Compensation Act committed in a school, on the real 
17 property comprising a school, or within 1,000 feet of 
18 the real property comprising a school; 
19  (8) make restitution as provided in Section 5-5-6 of 
20 this Code; 
21  (9) perform some reasonable public or community 
22 service; 
23  (10) serve a term of home confinement. In addition to 
24 any other applicable condition of probation or conditional 
25 discharge, the conditions of home confinement shall be 
26 that the offender: 
 
 
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1   (i) remain within the interior premises of the 
2 place designated for his confinement during the hours 
3 designated by the court; 
4   (ii) admit any person or agent designated by the 
5 court into the offender's place of confinement at any 
6 time for purposes of verifying the offender's 
7 compliance with the conditions of his confinement; and 
8   (iii) if further deemed necessary by the court or 
9 the Probation or Court Services Department, be placed 
10 on an approved electronic monitoring device, subject 
11 to Article 8A of Chapter V; 
12   (iv) for persons convicted of any alcohol, 
13 cannabis or controlled substance violation who are 
14 placed on an approved monitoring device as a condition 
15 of probation or conditional discharge, the court shall 
16 impose a reasonable fee for each day of the use of the 
17 device, as established by the county board in 
18 subsection (g) of this Section, unless after 
19 determining the inability of the offender to pay the 
20 fee, the court assesses a lesser fee or no fee as the 
21 case may be. This fee shall be imposed in addition to 
22 the fees imposed under subsections (g) and (i) of this 
23 Section. The fee shall be collected by the clerk of the 
24 circuit court, except as provided in an administrative 
25 order of the Chief Judge of the circuit court. The 
26 clerk of the circuit court shall pay all monies 
 
 
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1 collected from this fee to the county treasurer for 
2 deposit in the substance abuse services fund under 
3 Section 5-1086.1 of the Counties Code, except as 
4 provided in an administrative order of the Chief Judge 
5 of the circuit court.
6   The Chief Judge of the circuit court of the county 
7 may by administrative order establish a program for 
8 electronic monitoring of offenders, in which a vendor 
9 supplies and monitors the operation of the electronic 
10 monitoring device, and collects the fees on behalf of 
11 the county. The program shall include provisions for 
12 indigent offenders and the collection of unpaid fees. 
13 The program shall not unduly burden the offender and 
14 shall be subject to review by the Chief Judge.
15   The Chief Judge of the circuit court may suspend 
16 any additional charges or fees for late payment, 
17 interest, or damage to any device; and 
18   (v) for persons convicted of offenses other than 
19 those referenced in clause (iv) above and who are 
20 placed on an approved monitoring device as a condition 
21 of probation or conditional discharge, the court shall 
22 impose a reasonable fee for each day of the use of the 
23 device, as established by the county board in 
24 subsection (g) of this Section, unless after 
25 determining the inability of the defendant to pay the 
26 fee, the court assesses a lesser fee or no fee as the 
 
 
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1 case may be. This fee shall be imposed in addition to 
2 the fees imposed under subsections (g) and (i) of this 
3 Section. The fee shall be collected by the clerk of the 
4 circuit court, except as provided in an administrative 
5 order of the Chief Judge of the circuit court. The 
6 clerk of the circuit court shall pay all monies 
7 collected from this fee to the county treasurer who 
8 shall use the monies collected to defray the costs of 
9 corrections. The county treasurer shall deposit the 
10 fee collected in the probation and court services 
11 fund. The Chief Judge of the circuit court of the 
12 county may by administrative order establish a program 
13 for electronic monitoring of offenders, in which a 
14 vendor supplies and monitors the operation of the 
15 electronic monitoring device, and collects the fees on 
16 behalf of the county. The program shall include 
17 provisions for indigent offenders and the collection 
18 of unpaid fees. The program shall not unduly burden 
19 the offender and shall be subject to review by the 
20 Chief Judge. 
21   The Chief Judge of the circuit court may suspend 
22 any additional charges or fees for late payment, 
23 interest, or damage to any device. 
24  (11) comply with the terms and conditions of an order 
25 of protection issued by the court pursuant to the Illinois 
26 Domestic Violence Act of 1986, as now or hereafter 
 
 
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1 amended, or an order of protection issued by the court of 
2 another state, tribe, or United States territory. A copy 
3 of the order of protection shall be transmitted to the 
4 probation officer or agency having responsibility for the 
5 case; 
6  (12) reimburse any "local anti-crime program" as 
7 defined in Section 7 of the Anti-Crime Advisory Council 
8 Act for any reasonable expenses incurred by the program on 
9 the offender's case, not to exceed the maximum amount of 
10 the fine authorized for the offense for which the 
11 defendant was sentenced; 
12  (13) contribute a reasonable sum of money, not to 
13 exceed the maximum amount of the fine authorized for the 
14 offense for which the defendant was sentenced, (i) to a 
15 "local anti-crime program", as defined in Section 7 of the 
16 Anti-Crime Advisory Council Act, or (ii) for offenses 
17 under the jurisdiction of the Department of Natural 
18 Resources, to the fund established by the Department of 
19 Natural Resources for the purchase of evidence for 
20 investigation purposes and to conduct investigations as 
21 outlined in Section 805-105 of the Department of Natural 
22 Resources (Conservation) Law; 
23  (14) refrain from entering into a designated 
24 geographic area except upon such terms as the court finds 
25 appropriate. Such terms may include consideration of the 
26 purpose of the entry, the time of day, other persons 
 
 
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1 accompanying the defendant, and advance approval by a 
2 probation officer, if the defendant has been placed on 
3 probation or advance approval by the court, if the 
4 defendant was placed on conditional discharge; 
5  (15) refrain from having any contact, directly or 
6 indirectly, with certain specified persons or particular 
7 types of persons, including but not limited to members of 
8 street gangs and drug users or dealers; 
9  (16) refrain from having in his or her body the 
10 presence of any illicit drug prohibited by the Cannabis 
11 Control Act, the Illinois Controlled Substances Act, or 
12 the Methamphetamine Control and Community Protection Act, 
13 unless prescribed by a physician, and submit samples of 
14 his or her blood or urine or both for tests to determine 
15 the presence of any illicit drug;
16  (17) if convicted for an offense committed on or after 
17 June 1, 2008 (the effective date of Public Act 95-464) 
18 that would qualify the accused as a child sex offender as 
19 defined in Section 11-9.3 or 11-9.4 of the Criminal Code 
20 of 1961 or the Criminal Code of 2012, refrain from 
21 communicating with or contacting, by means of the 
22 Internet, a person who is related to the accused and whom 
23 the accused reasonably believes to be under 18 years of 
24 age; for purposes of this paragraph (17), "Internet" has 
25 the meaning ascribed to it in Section 16-0.1 of the 
26 Criminal Code of 2012; and a person is related to the 
 
 
HB4327- 470 -LRB103 34892 RLC 64759 b


1 accused if the person is: (i) the spouse, brother, or 
2 sister of the accused; (ii) a descendant of the accused; 
3 (iii) a first or second cousin of the accused; or (iv) a 
4 step-child or adopted child of the accused;
5  (18) if convicted for an offense committed on or after 
6 June 1, 2009 (the effective date of Public Act 95-983) 
7 that would qualify as a sex offense as defined in the Sex 
8 Offender Registration Act:
9   (i) not access or use a computer or any other 
10 device with Internet capability without the prior 
11 written approval of the offender's probation officer, 
12 except in connection with the offender's employment or 
13 search for employment with the prior approval of the 
14 offender's probation officer;
15   (ii) submit to periodic unannounced examinations 
16 of the offender's computer or any other device with 
17 Internet capability by the offender's probation 
18 officer, a law enforcement officer, or assigned 
19 computer or information technology specialist, 
20 including the retrieval and copying of all data from 
21 the computer or device and any internal or external 
22 peripherals and removal of such information, 
23 equipment, or device to conduct a more thorough 
24 inspection;
25   (iii) submit to the installation on the offender's 
26 computer or device with Internet capability, at the 
 
 
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1 subject's expense, of one or more hardware or software 
2 systems to monitor the Internet use; and
3   (iv) submit to any other appropriate restrictions 
4 concerning the offender's use of or access to a 
5 computer or any other device with Internet capability 
6 imposed by the offender's probation officer; and 
7  (19) refrain from possessing a firearm or other 
8 dangerous weapon where the offense is a misdemeanor that 
9 did not involve the intentional or knowing infliction of 
10 bodily harm or threat of bodily harm. 
11 (c) The court may as a condition of probation or of 
12conditional discharge require that a person under 18 years of 
13age found guilty of any alcohol, cannabis or controlled 
14substance violation, refrain from acquiring a driver's license 
15during the period of probation or conditional discharge. If 
16such person is in possession of a permit or license, the court 
17may require that the minor refrain from driving or operating 
18any motor vehicle during the period of probation or 
19conditional discharge, except as may be necessary in the 
20course of the minor's lawful employment. 
21 (d) An offender sentenced to probation or to conditional 
22discharge shall be given a certificate setting forth the 
23conditions thereof. 
24 (e) Except where the offender has committed a fourth or 
25subsequent violation of subsection (c) of Section 6-303 of the 
26Illinois Vehicle Code, the court shall not require as a 
 
 
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1condition of the sentence of probation or conditional 
2discharge that the offender be committed to a period of 
3imprisonment in excess of 6 months. This 6-month limit shall 
4not include periods of confinement given pursuant to a 
5sentence of county impact incarceration under Section 5-8-1.2.
6 Persons committed to imprisonment as a condition of 
7probation or conditional discharge shall not be committed to 
8the Department of Corrections. 
9 (f) The court may combine a sentence of periodic 
10imprisonment under Article 7 or a sentence to a county impact 
11incarceration program under Article 8 with a sentence of 
12probation or conditional discharge. 
13 (g) An offender sentenced to probation or to conditional 
14discharge and who during the term of either undergoes 
15mandatory drug or alcohol testing, or both, or is assigned to 
16be placed on an approved electronic monitoring device, shall 
17be ordered to pay all costs incidental to such mandatory drug 
18or alcohol testing, or both, and all costs incidental to such 
19approved electronic monitoring in accordance with the 
20defendant's ability to pay those costs. The county board with 
21the concurrence of the Chief Judge of the judicial circuit in 
22which the county is located shall establish reasonable fees 
23for the cost of maintenance, testing, and incidental expenses 
24related to the mandatory drug or alcohol testing, or both, and 
25all costs incidental to approved electronic monitoring, 
26involved in a successful probation program for the county. The 
 
 
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1concurrence of the Chief Judge shall be in the form of an 
2administrative order. The fees shall be collected by the clerk 
3of the circuit court, except as provided in an administrative 
4order of the Chief Judge of the circuit court. The clerk of the 
5circuit court shall pay all moneys collected from these fees 
6to the county treasurer who shall use the moneys collected to 
7defray the costs of drug testing, alcohol testing, and 
8electronic monitoring. The county treasurer shall deposit the 
9fees collected in the county working cash fund under Section 
106-27001 or Section 6-29002 of the Counties Code, as the case 
11may be. The Chief Judge of the circuit court of the county may 
12by administrative order establish a program for electronic 
13monitoring of offenders, in which a vendor supplies and 
14monitors the operation of the electronic monitoring device, 
15and collects the fees on behalf of the county. The program 
16shall include provisions for indigent offenders and the 
17collection of unpaid fees. The program shall not unduly burden 
18the offender and shall be subject to review by the Chief Judge. 
19 The Chief Judge of the circuit court may suspend any 
20additional charges or fees for late payment, interest, or 
21damage to any device. 
22 (h) Jurisdiction over an offender may be transferred from 
23the sentencing court to the court of another circuit with the 
24concurrence of both courts. Further transfers or retransfers 
25of jurisdiction are also authorized in the same manner. The 
26court to which jurisdiction has been transferred shall have 
 
 
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1the same powers as the sentencing court. The probation 
2department within the circuit to which jurisdiction has been 
3transferred, or which has agreed to provide supervision, may 
4impose probation fees upon receiving the transferred offender, 
5as provided in subsection (i). For all transfer cases, as 
6defined in Section 9b of the Probation and Probation Officers 
7Act, the probation department from the original sentencing 
8court shall retain all probation fees collected prior to the 
9transfer. After the transfer, all probation fees shall be paid 
10to the probation department within the circuit to which 
11jurisdiction has been transferred.
12 (i) The court shall impose upon an offender sentenced to 
13probation after January 1, 1989 or to conditional discharge 
14after January 1, 1992 or to community service under the 
15supervision of a probation or court services department after 
16January 1, 2004, as a condition of such probation or 
17conditional discharge or supervised community service, a fee 
18of $50 for each month of probation or conditional discharge 
19supervision or supervised community service ordered by the 
20court, unless after determining the inability of the person 
21sentenced to probation or conditional discharge or supervised 
22community service to pay the fee, the court assesses a lesser 
23fee. The court may not impose the fee on a minor who is placed 
24in the guardianship or custody of the Department of Children 
25and Family Services under the Juvenile Court Act of 1987 while 
26the minor is in placement. The fee shall be imposed only upon 
 
 
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1an offender who is actively supervised by the probation and 
2court services department. The fee shall be collected by the 
3clerk of the circuit court. The clerk of the circuit court 
4shall pay all monies collected from this fee to the county 
5treasurer for deposit in the probation and court services fund 
6under Section 15.1 of the Probation and Probation Officers 
7Act. 
8 A circuit court may not impose a probation fee under this 
9subsection (i) in excess of $25 per month unless the circuit 
10court has adopted, by administrative order issued by the chief 
11judge, a standard probation fee guide determining an 
12offender's ability to pay. Of the amount collected as a 
13probation fee, up to $5 of that fee collected per month may be 
14used to provide services to crime victims and their families.
15 The Court may only waive probation fees based on an 
16offender's ability to pay. The probation department may 
17re-evaluate an offender's ability to pay every 6 months, and, 
18with the approval of the Director of Court Services or the 
19Chief Probation Officer, adjust the monthly fee amount. An 
20offender may elect to pay probation fees due in a lump sum. Any 
21offender that has been assigned to the supervision of a 
22probation department, or has been transferred either under 
23subsection (h) of this Section or under any interstate 
24compact, shall be required to pay probation fees to the 
25department supervising the offender, based on the offender's 
26ability to pay. 
 
 
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1 Public Act 93-970 deletes the $10 increase in the fee 
2under this subsection that was imposed by Public Act 93-616. 
3This deletion is intended to control over any other Act of the 
493rd General Assembly that retains or incorporates that fee 
5increase.
6 (i-5) In addition to the fees imposed under subsection (i) 
7of this Section, in the case of an offender convicted of a 
8felony sex offense (as defined in the Sex Offender Management 
9Board Act) or an offense that the court or probation 
10department has determined to be sexually motivated (as defined 
11in the Sex Offender Management Board Act), the court or the 
12probation department shall assess additional fees to pay for 
13all costs of treatment, assessment, evaluation for risk and 
14treatment, and monitoring the offender, based on that 
15offender's ability to pay those costs either as they occur or 
16under a payment plan.
17 (j) All fines and costs imposed under this Section for any 
18violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
19Code, or a similar provision of a local ordinance, and any 
20violation of the Child Passenger Protection Act, or a similar 
21provision of a local ordinance, shall be collected and 
22disbursed by the circuit clerk as provided under the Criminal 
23and Traffic Assessment Act. 
24 (k) Any offender who is sentenced to probation or 
25conditional discharge for a felony sex offense as defined in 
26the Sex Offender Management Board Act or any offense that the 
 
 
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1court or probation department has determined to be sexually 
2motivated as defined in the Sex Offender Management Board Act 
3shall be required to refrain from any contact, directly or 
4indirectly, with any persons specified by the court and shall 
5be available for all evaluations and treatment programs 
6required by the court or the probation department. 
7 (l) The court may order an offender who is sentenced to 
8probation or conditional discharge for a violation of an order 
9of protection be placed under electronic surveillance as 
10provided in Section 5-8A-7 of this Code. 
11(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)

12 (730 ILCS 5/3-2-13 rep.)
13 Section 180. The Unified Code of Corrections is amended by 
14repealing Section 3-2-13.

15 Section 185. The Probation and Probation Officers Act is 
16amended by changing Section 15.2 as follows:

17 (730 ILCS 110/15.2)
18 Sec. 15.2. Retiring probation officer; purchase of service 
19firearm and badge. Each department shall establish a program 
20to allow a probation officer of the department who is 
21honorably retiring in good standing to purchase either one or 
22both of the following: (1) any badge previously issued to the 
23probation officer by the department; or (2) if the probation 
 
 
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1officer has a currently valid Firearm Owner's Identification 
2Card, the service firearm issued or previously issued to the 
3probation officer by the department. The badge must be 
4permanently and conspicuously marked in such a manner that the 
5individual who possesses the badge is not mistaken for an 
6actively serving law enforcement officer. The cost of the 
7firearm shall be the replacement value of the firearm and not 
8the firearm's fair market value.
9(Source: P.A. 102-719, eff. 5-6-22.)

10 Section 190. The Stalking No Contact Order Act is amended 
11by changing Section 80 as follows:

12 (740 ILCS 21/80)
13 Sec. 80. Stalking no contact orders; remedies.
14 (a) If the court finds that the petitioner has been a 
15victim of stalking, a stalking no contact order shall issue; 
16provided that the petitioner must also satisfy the 
17requirements of Section 95 on emergency orders or Section 100 
18on plenary orders. The petitioner shall not be denied a 
19stalking no contact order because the petitioner or the 
20respondent is a minor. The court, when determining whether or 
21not to issue a stalking no contact order, may not require 
22physical injury on the person of the petitioner. Modification 
23and extension of prior stalking no contact orders shall be in 
24accordance with this Act.
 
 
HB4327- 479 -LRB103 34892 RLC 64759 b


1 (b) A stalking no contact order shall order one or more of 
2the following:
3  (1) prohibit the respondent from threatening to commit 
4 or committing stalking;
5  (2) order the respondent not to have any contact with 
6 the petitioner or a third person specifically named by the 
7 court;
8  (3) prohibit the respondent from knowingly coming 
9 within, or knowingly remaining within a specified distance 
10 of the petitioner or the petitioner's residence, school, 
11 daycare, or place of employment, or any specified place 
12 frequented by the petitioner; however, the court may order 
13 the respondent to stay away from the respondent's own 
14 residence, school, or place of employment only if the 
15 respondent has been provided actual notice of the 
16 opportunity to appear and be heard on the petition;
17  (4) prohibit the respondent from possessing a Firearm 
18 Owners Identification Card, or possessing or buying 
19 firearms; and
20  (5) order other injunctive relief the court determines 
21 to be necessary to protect the petitioner or third party 
22 specifically named by the court.
23 (b-5) When the petitioner and the respondent attend the 
24same public, private, or non-public elementary, middle, or 
25high school, the court when issuing a stalking no contact 
26order and providing relief shall consider the severity of the 
 
 
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1act, any continuing physical danger or emotional distress to 
2the petitioner, the educational rights guaranteed to the 
3petitioner and respondent under federal and State law, the 
4availability of a transfer of the respondent to another 
5school, a change of placement or a change of program of the 
6respondent, the expense, difficulty, and educational 
7disruption that would be caused by a transfer of the 
8respondent to another school, and any other relevant facts of 
9the case. The court may order that the respondent not attend 
10the public, private, or non-public elementary, middle, or high 
11school attended by the petitioner, order that the respondent 
12accept a change of placement or program, as determined by the 
13school district or private or non-public school, or place 
14restrictions on the respondent's movements within the school 
15attended by the petitioner. The respondent bears the burden of 
16proving by a preponderance of the evidence that a transfer, 
17change of placement, or change of program of the respondent is 
18not available. The respondent also bears the burden of 
19production with respect to the expense, difficulty, and 
20educational disruption that would be caused by a transfer of 
21the respondent to another school. A transfer, change of 
22placement, or change of program is not unavailable to the 
23respondent solely on the ground that the respondent does not 
24agree with the school district's or private or non-public 
25school's transfer, change of placement, or change of program 
26or solely on the ground that the respondent fails or refuses to 
 
 
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1consent to or otherwise does not take an action required to 
2effectuate a transfer, change of placement, or change of 
3program. When a court orders a respondent to stay away from the 
4public, private, or non-public school attended by the 
5petitioner and the respondent requests a transfer to another 
6attendance center within the respondent's school district or 
7private or non-public school, the school district or private 
8or non-public school shall have sole discretion to determine 
9the attendance center to which the respondent is transferred. 
10In the event the court order results in a transfer of the minor 
11respondent to another attendance center, a change in the 
12respondent's placement, or a change of the respondent's 
13program, the parents, guardian, or legal custodian of the 
14respondent is responsible for transportation and other costs 
15associated with the transfer or change. 
16 (b-6) The court may order the parents, guardian, or legal 
17custodian of a minor respondent to take certain actions or to 
18refrain from taking certain actions to ensure that the 
19respondent complies with the order. In the event the court 
20orders a transfer of the respondent to another school, the 
21parents, guardian, or legal custodian of the respondent are 
22responsible for transportation and other costs associated with 
23the change of school by the respondent. 
24 (b-7) The court shall not hold a school district or 
25private or non-public school or any of its employees in civil 
26or criminal contempt unless the school district or private or 
 
 
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1non-public school has been allowed to intervene.
2 (b-8) The court may hold the parents, guardian, or legal 
3custodian of a minor respondent in civil or criminal contempt 
4for a violation of any provision of any order entered under 
5this Act for conduct of the minor respondent in violation of 
6this Act if the parents, guardian, or legal custodian 
7directed, encouraged, or assisted the respondent minor in such 
8conduct. 
9 (c) The court may award the petitioner costs and attorneys 
10fees if a stalking no contact order is granted.
11 (d) Monetary damages are not recoverable as a remedy.
12 (e) If the stalking no contact order prohibits the 
13respondent from possessing a Firearm Owner's Identification 
14Card, or possessing or buying firearms; the court shall 
15confiscate the respondent's firearms Firearm Owner's 
16Identification Card and immediately return the card to the 
17Illinois State Police Firearm Owner's Identification Card 
18Office. 
19(Source: P.A. 102-538, eff. 8-20-21.)

20 Section 195. The Mental Health and Developmental 
21Disabilities Confidentiality Act is amended by changing 
22Section 12 as follows:

23 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
24 Sec. 12. (a) If the United States Secret Service or the 
 
 
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1Illinois State Police requests information from a mental 
2health or developmental disability facility, as defined in 
3Section 1-107 and 1-114 of the Mental Health and Developmental 
4Disabilities Code, relating to a specific recipient and the 
5facility director determines that disclosure of such 
6information may be necessary to protect the life of, or to 
7prevent the infliction of great bodily harm to, a public 
8official, or a person under the protection of the United 
9States Secret Service, only the following information may be 
10disclosed: the recipient's name, address, and age and the date 
11of any admission to or discharge from a facility; and any 
12information which would indicate whether or not the recipient 
13has a history of violence or presents a danger of violence to 
14the person under protection. Any information so disclosed 
15shall be used for investigative purposes only and shall not be 
16publicly disseminated. Any person participating in good faith 
17in the disclosure of such information in accordance with this 
18provision shall have immunity from any liability, civil, 
19criminal or otherwise, if such information is disclosed 
20relying upon the representation of an officer of the United 
21States Secret Service or the Illinois State Police that a 
22person is under the protection of the United States Secret 
23Service or is a public official.
24 For the purpose of this subsection (a), the term "public 
25official" means the Governor, Lieutenant Governor, Attorney 
26General, Secretary of State, State Comptroller, State 
 
 
HB4327- 484 -LRB103 34892 RLC 64759 b


1Treasurer, member of the General Assembly, member of the 
2United States Congress, Judge of the United States as defined 
3in 28 U.S.C. 451, Justice of the United States as defined in 28 
4U.S.C. 451, United States Magistrate Judge as defined in 28 
5U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or 
6Supreme, Appellate, Circuit, or Associate Judge of the State 
7of Illinois. The term shall also include the spouse, child or 
8children of a public official.
9 (b) The Department of Human Services (acting as successor 
10to the Department of Mental Health and Developmental 
11Disabilities) and all public or private hospitals and mental 
12health facilities are required, as hereafter described in this 
13subsection, to furnish the Illinois State Police only such 
14information as may be required for the sole purpose of 
15determining whether an individual who may be or may have been a 
16patient is disqualified because of that status from receiving 
17or retaining a firearm under paragraph (4) of subsection (a) 
18of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's 
19Identification Card or falls within the federal prohibitors 
20under subsection (e), (f), (g), (r), (s), or (t) of Section 8 
21of the Firearm Owners Identification Card Act, or falls within 
22the federal prohibitors in 18 U.S.C. 922(g) and (n). All 
23physicians, clinical psychologists, or qualified examiners at 
24public or private mental health facilities or parts thereof as 
25defined in this subsection shall, in the form and manner 
26required by the Department, provide notice directly to the 
 
 
HB4327- 485 -LRB103 34892 RLC 64759 b


1Department of Human Services, or to his or her employer who 
2shall then report to the Department, within 24 hours after 
3determining that a person poses a clear and present danger to 
4himself, herself, or others, or within 7 days after a person 14 
5years or older is determined to be a person with a 
6developmental disability by a physician, clinical 
7psychologist, or qualified examiner as described in this 
8subsection (b) Section 1.1 of the Firearm Owners 
9Identification Card Act. If a person is a patient as described 
10in clause (2)(A) (1) of the definition of "patient" in this 
11subsection Section 1.1 of the Firearm Owners Identification 
12Card Act, this information shall be furnished within 7 days 
13after admission to a public or private hospital or mental 
14health facility or the provision of services. Any such 
15information disclosed under this subsection shall remain 
16privileged and confidential, and shall not be redisclosed, 
17except as required by clause (e)(2) of Section 24-4.5 of the 
18Criminal Code of 2012 subsection (e) of Section 3.1 of the 
19Firearm Owners Identification Card Act, nor utilized for any 
20other purpose. The method of requiring the providing of such 
21information shall guarantee that no information is released 
22beyond what is necessary for this purpose. In addition, the 
23information disclosed shall be provided by the Department 
24within the time period established by Section 24-3 of the 
25Criminal Code of 2012 regarding the delivery of firearms. The 
26method used shall be sufficient to provide the necessary 
 
 
HB4327- 486 -LRB103 34892 RLC 64759 b


1information within the prescribed time period, which may 
2include periodically providing lists to the Department of 
3Human Services or any public or private hospital or mental 
4health facility of Firearm Owner's Identification Card 
5applicants for firearm purchases on which the Department or 
6hospital shall indicate the identities of those individuals 
7who are to its knowledge disqualified from having a firearm 
8Firearm Owner's Identification Card for reasons described 
9herein. The Department may provide for a centralized source of 
10information for the State on this subject under its 
11jurisdiction. The identity of the person reporting under this 
12subsection shall not be disclosed to the subject of the 
13report. For the purposes of this subsection, the physician, 
14clinical psychologist, or qualified examiner making the 
15determination and his or her employer shall not be held 
16criminally, civilly, or professionally liable for making or 
17not making the notification required under this subsection, 
18except for willful or wanton misconduct. 
19 Any person, institution, or agency, under this Act, 
20participating in good faith in the reporting or disclosure of 
21records and communications otherwise in accordance with this 
22provision or with rules, regulations or guidelines issued by 
23the Department shall have immunity from any liability, civil, 
24criminal or otherwise, that might result by reason of the 
25action. For the purpose of any proceeding, civil or criminal, 
26arising out of a report or disclosure in accordance with this 
 
 
HB4327- 487 -LRB103 34892 RLC 64759 b


1provision, the good faith of any person, institution, or 
2agency so reporting or disclosing shall be presumed. The full 
3extent of the immunity provided in this subsection (b) shall 
4apply to any person, institution or agency that fails to make a 
5report or disclosure in the good faith belief that the report 
6or disclosure would violate federal regulations governing the 
7confidentiality of alcohol and drug abuse patient records 
8implementing 42 U.S.C. 290dd-3 and 290ee-3.
9 For purposes of this subsection (b) only, the following 
10terms shall have the meaning prescribed:
11  (1) (Blank).
12  (1.3) "Clear and present danger" has the meaning as 
13 defined in Section 6-103.3 of the Mental Health and 
14 Developmental Disabilities Code 1.1 of the Firearm Owners 
15 Identification Card Act. 
16  (1.5) "Person with a developmental disability" has the 
17 meaning as defined in Section 6-103.3 of the Mental Health 
18 and Developmental Disabilities Code 1.1 of the Firearm 
19 Owners Identification Card Act.
20  (2) "Patient" means (A) a person who voluntarily 
21 receives mental health treatment as an in-patient or 
22 resident of any public or private mental health facility, 
23 unless the treatment was solely for an alcohol abuse 
24 disorder and no other secondary substance abuse disorder 
25 or mental illness; or (B) a person who voluntarily 
26 receives mental health treatment as an out-patient or is 
 
 
HB4327- 488 -LRB103 34892 RLC 64759 b


1 provided services by a public or private mental health 
2 facility, and who poses a clear and present danger to 
3 himself, herself, or to others has the meaning as defined 
4 in Section 1.1 of the Firearm Owners Identification Card 
5 Act.
6  (3) "Mental health facility" means any licensed 
7 private hospital or hospital affiliate, institution, or 
8 facility, or part thereof, and any facility, or part 
9 thereof, operated by the State or a political subdivision 
10 thereof which provide treatment of persons with mental 
11 illness and includes all hospitals, institutions, clinics, 
12 evaluation facilities, mental health centers, colleges, 
13 universities, long-term care facilities, and nursing 
14 homes, or parts thereof, which provide treatment of 
15 persons with mental illness whether or not the primary 
16 purpose is to provide treatment of persons with mental 
17 illness has the meaning as defined in Section 1.1 of the 
18 Firearm Owners Identification Card Act. 
19 (c) Upon the request of a peace officer who takes a person 
20into custody and transports such person to a mental health or 
21developmental disability facility pursuant to Section 3-606 or 
224-404 of the Mental Health and Developmental Disabilities Code 
23or who transports a person from such facility, a facility 
24director shall furnish said peace officer the name, address, 
25age and name of the nearest relative of the person transported 
26to or from the mental health or developmental disability 
 
 
HB4327- 489 -LRB103 34892 RLC 64759 b


1facility. In no case shall the facility director disclose to 
2the peace officer any information relating to the diagnosis, 
3treatment or evaluation of the person's mental or physical 
4health.
5 For the purposes of this subsection (c), the terms "mental 
6health or developmental disability facility", "peace officer" 
7and "facility director" shall have the meanings ascribed to 
8them in the Mental Health and Developmental Disabilities Code.
9 (d) Upon the request of a peace officer or prosecuting 
10authority who is conducting a bona fide investigation of a 
11criminal offense, or attempting to apprehend a fugitive from 
12justice, a facility director may disclose whether a person is 
13present at the facility. Upon request of a peace officer or 
14prosecuting authority who has a valid forcible felony warrant 
15issued, a facility director shall disclose: (1) whether the 
16person who is the subject of the warrant is present at the 
17facility and (2) the date of that person's discharge or future 
18discharge from the facility. The requesting peace officer or 
19prosecuting authority must furnish a case number and the 
20purpose of the investigation or an outstanding arrest warrant 
21at the time of the request. Any person, institution, or agency 
22participating in good faith in disclosing such information in 
23accordance with this subsection (d) is immune from any 
24liability, civil, criminal or otherwise, that might result by 
25reason of the action.
26(Source: P.A. 102-538, eff. 8-20-21.)

 
 
HB4327- 490 -LRB103 34892 RLC 64759 b


1 Section 200. The Illinois Domestic Violence Act of 1986 is 
2amended by changing Sections 210 and 214 as follows:

3 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)
4 Sec. 210. Process. 
5 (a) Summons. Any action for an order of protection, 
6whether commenced alone or in conjunction with another 
7proceeding, is a distinct cause of action and requires that a 
8separate summons be issued and served, except that in pending 
9cases the following methods may be used:
10  (1) By delivery of the summons to respondent 
11 personally in open court in pending civil or criminal 
12 cases.
13  (2) By notice in accordance with Section 210.1 in 
14 civil cases in which the defendant has filed a general 
15 appearance.
16 The summons shall be in the form prescribed by Supreme 
17Court Rule 101(d), except that it shall require respondent to 
18answer or appear within 7 days. Attachments to the summons or 
19notice shall include the petition for order of protection and 
20supporting affidavits, if any, and any emergency order of 
21protection that has been issued. The enforcement of an order 
22of protection under Section 223 shall not be affected by the 
23lack of service, delivery, or notice, provided the 
24requirements of subsection (d) of that Section are otherwise 
 
 
HB4327- 491 -LRB103 34892 RLC 64759 b


1met.
2 (b) Blank.
3 (c) Expedited service. The summons shall be served by the 
4sheriff or other law enforcement officer at the earliest time 
5and shall take precedence over other summonses except those of 
6a similar emergency nature. Special process servers may be 
7appointed at any time, and their designation shall not affect 
8the responsibilities and authority of the sheriff or other 
9official process servers. In counties with a population over 
103,000,000, a special process server may not be appointed if 
11the order of protection grants the surrender of a child, the 
12surrender of a firearm or firearm owners identification card, 
13or the exclusive possession of a shared residence.
14 (d) Remedies requiring actual notice. The counseling, 
15payment of support, payment of shelter services, and payment 
16of losses remedies provided by paragraphs 4, 12, 13, and 16 of 
17subsection (b) of Section 214 may be granted only if 
18respondent has been personally served with process, has 
19answered or has made a general appearance.
20 (e) Remedies upon constructive notice. Service of process 
21on a member of respondent's household or by publication shall 
22be adequate for the remedies provided by paragraphs 1, 2, 3, 5, 
236, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section 
24214, but only if: (i) petitioner has made all reasonable 
25efforts to accomplish actual service of process personally 
26upon respondent, but respondent cannot be found to effect such 
 
 
HB4327- 492 -LRB103 34892 RLC 64759 b


1service and (ii) petitioner files an affidavit or presents 
2sworn testimony as to those efforts.
3 (f) Default. A plenary order of protection may be entered 
4by default as follows:
5  (1) For any of the remedies sought in the petition, if 
6 respondent has been served or given notice in accordance 
7 with subsection (a) and if respondent then fails to appear 
8 as directed or fails to appear on any subsequent 
9 appearance or hearing date agreed to by the parties or set 
10 by the court; or
11  (2) For any of the remedies provided in accordance 
12 with subsection (e), if respondent fails to answer or 
13 appear in accordance with the date set in the publication 
14 notice or the return date indicated on the service of a 
15 household member.
16 (g) Emergency orders. If an order is granted under 
17subsection (c) of Section 217, the court shall immediately 
18file a certified copy of the order with the sheriff or other 
19law enforcement official charged with maintaining Department 
20of State Police records.
21(Source: P.A. 101-508, eff. 1-1-20.)

22 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
23 Sec. 214. Order of protection; remedies. 
24 (a) Issuance of order. If the court finds that petitioner 
25has been abused by a family or household member or that 
 
 
HB4327- 493 -LRB103 34892 RLC 64759 b


1petitioner is a high-risk adult who has been abused, 
2neglected, or exploited, as defined in this Act, an order of 
3protection prohibiting the abuse, neglect, or exploitation 
4shall issue; provided that petitioner must also satisfy the 
5requirements of one of the following Sections, as appropriate: 
6Section 217 on emergency orders, Section 218 on interim 
7orders, or Section 219 on plenary orders. Petitioner shall not 
8be denied an order of protection because petitioner or 
9respondent is a minor. The court, when determining whether or 
10not to issue an order of protection, shall not require 
11physical manifestations of abuse on the person of the victim. 
12Modification and extension of prior orders of protection shall 
13be in accordance with this Act.
14 (b) Remedies and standards. The remedies to be included in 
15an order of protection shall be determined in accordance with 
16this Section and one of the following Sections, as 
17appropriate: Section 217 on emergency orders, Section 218 on 
18interim orders, and Section 219 on plenary orders. The 
19remedies listed in this subsection shall be in addition to 
20other civil or criminal remedies available to petitioner.
21  (1) Prohibition of abuse, neglect, or exploitation. 
22 Prohibit respondent's harassment, interference with 
23 personal liberty, intimidation of a dependent, physical 
24 abuse, or willful deprivation, neglect or exploitation, as 
25 defined in this Act, or stalking of the petitioner, as 
26 defined in Section 12-7.3 of the Criminal Code of 2012, if 
 
 
HB4327- 494 -LRB103 34892 RLC 64759 b


1 such abuse, neglect, exploitation, or stalking 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 
 
 
HB4327- 495 -LRB103 34892 RLC 64759 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 order of protection, or prohibit 
 
 
HB4327- 496 -LRB103 34892 RLC 64759 b


1 respondent from entering or remaining present at 
2 petitioner's school, place of employment, or other 
3 specified places at times when petitioner is present, or 
4 both, if reasonable, given the balance of hardships. 
5 Hardships need not be balanced for the court to enter a 
6 stay away order or prohibit entry if respondent has no 
7 right to enter the premises.
8   (A) If an order of protection grants petitioner 
9 exclusive possession of the residence, or prohibits 
10 respondent from entering the residence, or orders 
11 respondent to stay away from petitioner or other 
12 protected persons, then the court may allow respondent 
13 access to the residence to remove items of clothing 
14 and personal adornment used exclusively by respondent, 
15 medications, and other items as the court directs. The 
16 right to access shall be exercised on only one 
17 occasion as the court directs and in the presence of an 
18 agreed-upon adult third party or law enforcement 
19 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 an 
23 order of protection and providing relief shall 
24 consider the severity of the act, any continuing 
25 physical danger or emotional distress to the 
26 petitioner, the educational rights guaranteed to the 
 
 
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1 petitioner and respondent under federal and State law, 
2 the availability of a transfer of the respondent to 
3 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 
 
 
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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. In the 
13 event the court order results in a transfer of the 
14 minor respondent to another attendance center, a 
15 change in the respondent's placement, or a change of 
16 the respondent's program, the parents, guardian, or 
17 legal 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. In 
24 the event the court orders a transfer of the 
25 respondent to another school, the parents, guardian, 
26 or legal custodian of the respondent is responsible 
 
 
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1 for 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 a court finds, after a hearing, that respondent has 
26 committed abuse (as defined in Section 103) of a minor 
 
 
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1 child, there shall be a rebuttable presumption that 
2 awarding physical care to respondent would not be in the 
3 minor child's best interest.
4  (6) Temporary allocation of parental responsibilities: 
5 significant decision-making. Award temporary 
6 decision-making responsibility to petitioner in accordance 
7 with this Section, the Illinois Marriage and Dissolution 
8 of Marriage Act, the Illinois Parentage Act of 2015, and 
9 this State's Uniform Child-Custody Jurisdiction and 
10 Enforcement Act. 
11  If a court finds, after a hearing, that respondent has 
12 committed abuse (as defined in Section 103) of a minor 
13 child, there shall be a rebuttable presumption that 
14 awarding temporary significant decision-making 
15 responsibility to respondent would not be in the child's 
16 best interest.
17  (7) Parenting time. Determine the parenting time, if 
18 any, of respondent in any case in which the court awards 
19 physical care or allocates temporary significant 
20 decision-making responsibility of a minor child to 
21 petitioner. The court shall restrict or deny respondent's 
22 parenting time with a minor child if the court finds that 
23 respondent has done or is likely to do any of the 
24 following: (i) abuse or endanger the minor child during 
25 parenting time; (ii) use the parenting time as an 
26 opportunity to abuse or harass petitioner or petitioner's 
 
 
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1 family or household members; (iii) improperly conceal or 
2 detain the minor child; or (iv) otherwise act in a manner 
3 that is not in the best interests of the minor child. The 
4 court shall not be limited by the standards set forth in 
5 Section 603.10 of the Illinois Marriage and Dissolution of 
6 Marriage Act. If the court grants parenting time, the 
7 order shall specify dates and times for the parenting time 
8 to take place or other specific parameters or conditions 
9 that are appropriate. No order for parenting time shall 
10 refer merely to the term "reasonable parenting time".
11  Petitioner may deny respondent access to the minor 
12 child if, when respondent arrives for parenting time, 
13 respondent is under the influence of drugs or alcohol and 
14 constitutes a threat to the safety and well-being of 
15 petitioner or petitioner's minor children or is behaving 
16 in a violent or abusive manner.
17  If necessary to protect any member of petitioner's 
18 family or household from future abuse, respondent shall be 
19 prohibited from coming to petitioner's residence to meet 
20 the minor child for parenting time, and the parties shall 
21 submit to the court their recommendations for reasonable 
22 alternative arrangements for parenting time. A person may 
23 be approved to supervise parenting time only after filing 
24 an affidavit accepting that responsibility and 
25 acknowledging accountability to the court.
26  (8) Removal or concealment of minor child. Prohibit 
 
 
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1 respondent from removing a minor child from the State or 
2 concealing the child within the State. 
3  (9) Order to appear. Order the respondent to appear in 
4 court, alone or with a minor child, to prevent abuse, 
5 neglect, removal or concealment of the child, to return 
6 the child to the custody or care of the petitioner or to 
7 permit any court-ordered interview or examination of the 
8 child or the respondent.
9  (10) Possession of personal property. Grant petitioner 
10 exclusive possession of personal property and, if 
11 respondent has possession or control, direct respondent to 
12 promptly make it available to petitioner, if:
13   (i) petitioner, but not respondent, owns the 
14 property; or
15   (ii) the parties own the property jointly; sharing 
16 it would risk abuse of petitioner by respondent or is 
17 impracticable; and the balance of hardships favors 
18 temporary possession by petitioner.
19  If petitioner's sole claim to ownership of the 
20 property is that it is marital property, the court may 
21 award petitioner temporary possession thereof under the 
22 standards of subparagraph (ii) of this paragraph only if a 
23 proper proceeding has been filed under the Illinois 
24 Marriage and Dissolution of Marriage Act, as now or 
25 hereafter amended.
26  No order under this provision shall affect title to 
 
 
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1 property.
2  (11) Protection of property. Forbid the respondent 
3 from taking, transferring, encumbering, concealing, 
4 damaging or otherwise disposing of any real or personal 
5 property, except as explicitly authorized by the court, 
6 if:
7   (i) petitioner, but not respondent, owns the 
8 property; or
9   (ii) the parties own the property jointly, and the 
10 balance of hardships favors granting this remedy.
11  If petitioner's sole claim to ownership of the 
12 property is that it is marital property, the court may 
13 grant petitioner relief under subparagraph (ii) of this 
14 paragraph only if a proper proceeding has been filed under 
15 the Illinois Marriage and Dissolution of Marriage Act, as 
16 now or hereafter amended.
17  The court may further prohibit respondent from 
18 improperly using the financial or other resources of an 
19 aged member of the family or household for the profit or 
20 advantage of respondent or of any other person.
21  (11.5) Protection of animals. Grant the petitioner the 
22 exclusive care, custody, or control of any animal owned, 
23 possessed, leased, kept, or held by either the petitioner 
24 or the respondent or a minor child residing in the 
25 residence or household of either the petitioner or the 
26 respondent and order the respondent to stay away from the 
 
 
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1 animal and forbid the respondent from taking, 
2 transferring, encumbering, concealing, harming, or 
3 otherwise disposing of the animal. 
4  (12) Order for payment of support. Order respondent to 
5 pay temporary support for the petitioner or any child in 
6 the petitioner's care or over whom the petitioner has been 
7 allocated parental responsibility, when the respondent has 
8 a legal obligation to support that person, in accordance 
9 with the Illinois Marriage and Dissolution of Marriage 
10 Act, which shall govern, among other matters, the amount 
11 of support, payment through the clerk and withholding of 
12 income to secure payment. An order for child support may 
13 be granted to a petitioner with lawful physical care of a 
14 child, or an order or agreement for physical care of a 
15 child, prior to entry of an order allocating significant 
16 decision-making responsibility. Such a support order shall 
17 expire upon entry of a valid order allocating parental 
18 responsibility differently and vacating the petitioner's 
19 significant decision-making authority, unless otherwise 
20 provided in the order.
21  (13) Order for payment of losses. Order respondent to 
22 pay petitioner for losses suffered as a direct result of 
23 the abuse, neglect, or exploitation. Such losses shall 
24 include, but not be limited to, medical expenses, lost 
25 earnings or other support, repair or replacement of 
26 property damaged or taken, reasonable attorney's fees, 
 
 
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1 court costs and moving or other travel expenses, including 
2 additional reasonable expenses for temporary shelter and 
3 restaurant meals.
4   (i) Losses affecting family needs. If a party is 
5 entitled to seek maintenance, child support or 
6 property distribution from the other party under the 
7 Illinois Marriage and Dissolution of Marriage Act, as 
8 now or hereafter amended, the court may order 
9 respondent to reimburse petitioner's actual losses, to 
10 the extent that such reimbursement would be 
11 "appropriate temporary relief", as authorized by 
12 subsection (a)(3) of Section 501 of that Act.
13   (ii) Recovery of expenses. In the case of an 
14 improper concealment or removal of a minor child, the 
15 court may order respondent to pay the reasonable 
16 expenses incurred or to be incurred in the search for 
17 and recovery of the minor child, including but not 
18 limited to legal fees, court costs, private 
19 investigator fees, and travel costs.
20  (14) Prohibition of entry. Prohibit the respondent 
21 from entering or remaining in the residence or household 
22 while the respondent is under the influence of alcohol or 
23 drugs and constitutes a threat to the safety and 
24 well-being of the petitioner or the petitioner's children.
25  (14.5) Prohibition of firearm possession.
26   (a) Prohibit a respondent against whom an order of 
 
 
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1 protection was issued from possessing any firearms 
2 during the duration of the order if the order:
3    (1) was issued after a hearing of which such 
4 person received actual notice, and at which such 
5 person had an opportunity to participate;
6    (2) restrains such person from harassing, 
7 stalking, or threatening an intimate partner of 
8 such person or child of such intimate partner or 
9 person, or engaging in other conduct that would 
10 place an intimate partner in reasonable fear of 
11 bodily injury to the partner or child; and
12    (3)(i) includes a finding that such person 
13 represents a credible threat to the physical 
14 safety of such intimate partner or child; or (ii) 
15 by its terms explicitly prohibits the use, 
16 attempted use, or threatened use of physical force 
17 against such intimate partner or child that would 
18 reasonably be expected to cause bodily injury.
19  Any Firearm Owner's Identification Card in the 
20 possession of the respondent, except as provided in 
21 subsection (b), shall be ordered by the court to be 
22 turned over to the local law enforcement agency. The 
23 local law enforcement agency shall immediately mail 
24 the card to the Illinois State Police Firearm Owner's 
25 Identification Card Office for safekeeping. The court 
26 shall issue a warrant for seizure of any firearm in the 
 
 
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1 possession of the respondent, to be kept by the local 
2 law enforcement agency for safekeeping, except as 
3 provided in subsection (b). The period of safekeeping 
4 shall be for the duration of the order of protection. 
5 The firearm or firearms and Firearm Owner's 
6 Identification Card, if unexpired, shall at the 
7 respondent's request, be returned to the respondent at 
8 the end of the order of protection. It is the 
9 respondent's responsibility to notify the Illinois 
10 State Police Firearm Owner's Identification Card 
11 Office. 
12   (b) If the respondent is a peace officer as 
13 defined in Section 2-13 of the Criminal Code of 2012, 
14 the court shall order that any firearms used by the 
15 respondent in the performance of his or her duties as a 
16 peace officer be surrendered to the chief law 
17 enforcement executive of the agency in which the 
18 respondent is employed, who shall retain the firearms 
19 for safekeeping for the duration of the order of 
20 protection.
21   (c) Upon expiration of the period of safekeeping, 
22 if the firearms or Firearm Owner's Identification Card 
23 cannot be returned to respondent because respondent 
24 cannot be located, fails to respond to requests to 
25 retrieve the firearms, or is not lawfully eligible to 
26 possess a firearm, upon petition from the local law 
 
 
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1 enforcement agency, the court may order the local law 
2 enforcement agency to destroy the firearms, use the 
3 firearms for training purposes, or for any other 
4 application as deemed appropriate by the local law 
5 enforcement agency; or that the firearms be turned 
6 over to a third party who is lawfully eligible to 
7 possess firearms, and who does not reside with 
8 respondent. 
9  (15) Prohibition of access to records. If an order of 
10 protection prohibits respondent from having contact with 
11 the minor child, or if petitioner's address is omitted 
12 under subsection (b) of Section 203, or if necessary to 
13 prevent abuse or wrongful removal or concealment of a 
14 minor child, the order shall deny respondent access to, 
15 and prohibit respondent from inspecting, obtaining, or 
16 attempting to inspect or obtain, school or any other 
17 records of the minor child who is in the care of 
18 petitioner.
19  (16) Order for payment of shelter services. Order 
20 respondent to reimburse a shelter providing temporary 
21 housing and counseling services to the petitioner for the 
22 cost of the services, as certified by the shelter and 
23 deemed reasonable by the court.
24  (17) Order for injunctive relief. Enter injunctive 
25 relief necessary or appropriate to prevent further abuse 
26 of a family or household member or further abuse, neglect, 
 
 
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1 or exploitation of a high-risk adult with disabilities or 
2 to effectuate one of the granted remedies, if supported by 
3 the balance of hardships. If the harm to be prevented by 
4 the injunction is abuse or any other harm that one of the 
5 remedies listed in paragraphs (1) through (16) of this 
6 subsection is designed to prevent, no further evidence is 
7 necessary that the harm is an irreparable injury.
8  (18) Telephone services.
9   (A) Unless a condition described in subparagraph 
10 (B) of this paragraph exists, the court may, upon 
11 request by the petitioner, order a wireless telephone 
12 service provider to transfer to the petitioner the 
13 right to continue to use a telephone number or numbers 
14 indicated by the petitioner and the financial 
15 responsibility associated with the number or numbers, 
16 as set forth in subparagraph (C) of this paragraph. 
17 For purposes of this paragraph (18), the term 
18 "wireless telephone service provider" means a provider 
19 of commercial mobile service as defined in 47 U.S.C. 
20 332. The petitioner may request the transfer of each 
21 telephone number that the petitioner, or a minor child 
22 in his or her custody, uses. The clerk of the court 
23 shall serve the order on the wireless telephone 
24 service provider's agent for service of process 
25 provided to the Illinois Commerce Commission. The 
26 order shall contain all of the following:
 
 
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1    (i) The name and billing telephone number of 
2 the account holder including the name of the 
3 wireless telephone service provider that serves 
4 the account.
5    (ii) Each telephone number that will be 
6 transferred.
7    (iii) A statement that the provider transfers 
8 to the petitioner all financial responsibility for 
9 and right to the use of any telephone number 
10 transferred under this paragraph.
11   (B) A wireless telephone service provider shall 
12 terminate the respondent's use of, and shall transfer 
13 to the petitioner use of, the telephone number or 
14 numbers indicated in subparagraph (A) of this 
15 paragraph unless it notifies the petitioner, within 72 
16 hours after it receives the order, that one of the 
17 following applies:
18    (i) The account holder named in the order has 
19 terminated the account.
20    (ii) A difference in network technology would 
21 prevent or impair the functionality of a device on 
22 a network if the transfer occurs.
23    (iii) The transfer would cause a geographic or 
24 other limitation on network or service provision 
25 to the petitioner.
26    (iv) Another technological or operational 
 
 
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1 issue would prevent or impair the use of the 
2 telephone number if the transfer occurs.
3   (C) The petitioner assumes all financial 
4 responsibility for and right to the use of any 
5 telephone number transferred under this paragraph. In 
6 this paragraph, "financial responsibility" includes 
7 monthly service costs and costs associated with any 
8 mobile device associated with the number.
9   (D) A wireless telephone service provider may 
10 apply to the petitioner its routine and customary 
11 requirements for establishing an account or 
12 transferring a number, including requiring the 
13 petitioner to provide proof of identification, 
14 financial information, and customer preferences.
15   (E) Except for willful or wanton misconduct, a 
16 wireless telephone service provider is immune from 
17 civil liability for its actions taken in compliance 
18 with a court order issued under this paragraph.
19   (F) All wireless service providers that provide 
20 services to residential customers shall provide to the 
21 Illinois Commerce Commission the name and address of 
22 an agent for service of orders entered under this 
23 paragraph (18). Any change in status of the registered 
24 agent must be reported to the Illinois Commerce 
25 Commission within 30 days of such change. 
26   (G) The Illinois Commerce Commission shall 
 
 
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1 maintain the list of registered agents for service for 
2 each wireless telephone service provider on the 
3 Commission's website. The Commission may consult with 
4 wireless telephone service providers and the Circuit 
5 Court Clerks on the manner in which this information 
6 is provided and displayed. 
7 (c) Relevant factors; findings.
8  (1) In determining whether to grant a specific remedy, 
9 other than payment of support, the court shall consider 
10 relevant factors, including but not limited to the 
11 following:
12   (i) the nature, frequency, severity, pattern and 
13 consequences of the respondent's past abuse, neglect 
14 or exploitation of the petitioner or any family or 
15 household member, including the concealment of his or 
16 her location in order to evade service of process or 
17 notice, and the likelihood of danger of future abuse, 
18 neglect, or exploitation to petitioner or any member 
19 of petitioner's or respondent's family or household; 
20 and
21   (ii) the danger that any minor child will be 
22 abused or neglected or improperly relocated from the 
23 jurisdiction, improperly concealed within the State or 
24 improperly separated from the child's primary 
25 caretaker.
26  (2) In comparing relative hardships resulting to the 
 
 
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1 parties from loss of possession of the family home, the 
2 court shall consider relevant factors, including but not 
3 limited to the following:
4   (i) availability, accessibility, cost, safety, 
5 adequacy, location and other characteristics of 
6 alternate housing for each party and any minor child 
7 or dependent adult in the party's care;
8   (ii) the effect on the party's employment; and
9   (iii) the effect on the relationship of the party, 
10 and any minor child or dependent adult in the party's 
11 care, to family, school, church and community.
12  (3) Subject to the exceptions set forth in paragraph 
13 (4) of this subsection, the court shall make its findings 
14 in an official record or in writing, and shall at a minimum 
15 set forth the following:
16   (i) That the court has considered the applicable 
17 relevant factors described in paragraphs (1) and (2) 
18 of this subsection.
19   (ii) Whether the conduct or actions of respondent, 
20 unless prohibited, will likely cause irreparable harm 
21 or continued abuse.
22   (iii) Whether it is necessary to grant the 
23 requested relief in order to protect petitioner or 
24 other alleged abused persons.
25  (4) For purposes of issuing an ex parte emergency 
26 order of protection, the court, as an alternative to or as 
 
 
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1 a supplement to making the findings described in 
2 paragraphs (c)(3)(i) through (c)(3)(iii) of this 
3 subsection, may use the following procedure:
4  When a verified petition for an emergency order of 
5 protection in accordance with the requirements of Sections 
6 203 and 217 is presented to the court, the court shall 
7 examine petitioner on oath or affirmation. An emergency 
8 order of protection shall be issued by the court if it 
9 appears from the contents of the petition and the 
10 examination of petitioner that the averments are 
11 sufficient to indicate abuse by respondent and to support 
12 the granting of relief under the issuance of the emergency 
13 order of protection.
14  (5) Never married parties. No rights or 
15 responsibilities for a minor child born outside of 
16 marriage attach to a putative father until a father and 
17 child relationship has been established under the Illinois 
18 Parentage Act of 1984, the Illinois Parentage Act of 2015, 
19 the Illinois Public Aid Code, Section 12 of the Vital 
20 Records Act, the Juvenile Court Act of 1987, the Probate 
21 Act of 1975, the Revised Uniform Reciprocal Enforcement of 
22 Support Act, the Uniform Interstate Family Support Act, 
23 the Expedited Child Support Act of 1990, any judicial, 
24 administrative, or other act of another state or 
25 territory, any other Illinois statute, or by any foreign 
26 nation establishing the father and child relationship, any 
 
 
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1 other proceeding substantially in conformity with the 
2 Personal Responsibility and Work Opportunity 
3 Reconciliation Act of 1996 (Pub. L. 104-193), or where 
4 both parties appeared in open court or at an 
5 administrative hearing acknowledging under oath or 
6 admitting by affirmation the existence of a father and 
7 child relationship. Absent such an adjudication, finding, 
8 or acknowledgment, no putative father shall be granted 
9 temporary allocation of parental responsibilities, 
10 including parenting time with the minor child, or physical 
11 care and possession of the minor child, nor shall an order 
12 of payment for support of the minor child be entered.
13 (d) Balance of hardships; findings. If the court finds 
14that the balance of hardships does not support the granting of 
15a remedy governed by paragraph (2), (3), (10), (11), or (16) of 
16subsection (b) of this Section, which may require such 
17balancing, the court's findings shall so indicate and shall 
18include a finding as to whether granting the remedy will 
19result in hardship to respondent that would substantially 
20outweigh the hardship to petitioner from denial of the remedy. 
21The findings shall be an official record or in writing.
22 (e) Denial of remedies. Denial of any remedy shall not be 
23based, in whole or in part, on evidence that:
24  (1) Respondent has cause for any use of force, unless 
25 that cause satisfies the standards for justifiable use of 
26 force provided by Article 7 of the Criminal Code of 2012;
 
 
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1  (2) Respondent was voluntarily intoxicated;
2  (3) Petitioner acted in self-defense or defense of 
3 another, provided that, if petitioner utilized force, such 
4 force was justifiable under Article 7 of the Criminal Code 
5 of 2012; 
6  (4) Petitioner did not act in self-defense or defense 
7 of another;
8  (5) Petitioner left the residence or household to 
9 avoid further abuse, neglect, or exploitation by 
10 respondent;
11  (6) Petitioner did not leave the residence or 
12 household to avoid further abuse, neglect, or exploitation 
13 by respondent;
14  (7) Conduct by any family or household member excused 
15 the abuse, neglect, or exploitation by respondent, unless 
16 that same conduct would have excused such abuse, neglect, 
17 or exploitation if the parties had not been family or 
18 household members.
19(Source: P.A. 102-538, eff. 8-20-21.)

20 Section 205. The Revised Uniform Unclaimed Property Act is 
21amended by changing Section 15-705 as follows:

22 (765 ILCS 1026/15-705)
23 Sec. 15-705. Exceptions to the sale of tangible property. 
24The administrator shall dispose of tangible property 
 
 
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1identified by this Section in accordance with this Section.
2 (a) Military medals or decorations. The administrator may 
3not sell a medal or decoration awarded for military service in 
4the armed forces of the United States. Instead, the 
5administrator, with the consent of the respective organization 
6under paragraph (1), agency under paragraph (2), or entity 
7under paragraph (3), may deliver a medal or decoration to be 
8held in custody for the owner, to:
9  (1) a military veterans organization qualified under 
10 Section 501(c)(19) of the Internal Revenue Code;
11  (2) the agency that awarded the medal or decoration; 
12 or
13  (3) a governmental entity.
14 After delivery, the administrator is not responsible for 
15the safekeeping of the medal or decoration.
16 (b) Property with historical value. Property that the 
17administrator reasonably believes may have historical value 
18may be, at his or her discretion, loaned to an accredited 
19museum in the United States where it will be kept until such 
20time as the administrator orders it to be returned to his or 
21her custody.
22 (c) Human remains. If human remains are delivered to the 
23administrator under this Act, the administrator shall deliver 
24those human remains to the coroner of the county in which the 
25human remains were abandoned for disposition under Section 
263-3034 of the Counties Code. The only human remains that may be 
 
 
HB4327- 518 -LRB103 34892 RLC 64759 b


1delivered to the administrator under this Act and that the 
2administrator may receive are those that are reported and 
3delivered as contents of a safe deposit box.
4 (d) Evidence in a criminal investigation. Property that 
5may have been used in the commission of a crime or that may 
6assist in the investigation of a crime, as determined after 
7consulting with the Illinois State Police, shall be delivered 
8to the Illinois State Police or other appropriate law 
9enforcement authority to allow law enforcement to determine 
10whether a criminal investigation should take place. Any such 
11property delivered to a law enforcement authority shall be 
12held in accordance with existing statutes and rules related to 
13the gathering, retention, and release of evidence.
14 (e) Firearms.
15  (1) The administrator, in cooperation with the 
16 Illinois State Police, shall develop a procedure to 
17 determine whether a firearm delivered to the administrator 
18 under this Act has been stolen or used in the commission of 
19 a crime. The Illinois State Police shall determine the 
20 appropriate disposition of a firearm that has been stolen 
21 or used in the commission of a crime. The administrator 
22 shall attempt to return a firearm that has not been stolen 
23 or used in the commission of a crime to the rightful owner 
24 if the Illinois State Police determines that the owner may 
25 lawfully possess the firearm.
26  (2) If the administrator is unable to return a firearm 
 
 
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1 to its owner, the administrator shall transfer custody of 
2 the firearm to the Illinois State Police. Legal title to a 
3 firearm transferred to the Illinois State Police under 
4 this subsection (e) is vested in the Illinois State Police 
5 by operation of law if:
6   (i) the administrator cannot locate the owner of 
7 the firearm;
8   (ii) the owner of the firearm may not lawfully 
9 possess the firearm;
10   (iii) the apparent owner does not respond to 
11 notice published under Section 15-503 of this Act; or
12   (iv) the apparent owner responds to notice 
13 published under Section 15-502 and states that he or 
14 she no longer claims an interest in the firearm.
15  (3) With respect to a firearm whose title is 
16 transferred to the Illinois State Police under this 
17 subsection (e), the Illinois State Police may:
18   (i) retain the firearm for use by the crime 
19 laboratory system, for training purposes, or for any 
20 other application as deemed appropriate by the 
21 Department;
22   (ii) transfer the firearm to the Illinois State 
23 Museum if the firearm has historical value; or
24   (iii) destroy the firearm if it is not retained 
25 pursuant to subparagraph (i) or transferred pursuant 
26 to subparagraph (ii).
 
 
HB4327- 520 -LRB103 34892 RLC 64759 b


1 As used in this subsection, "firearm" has the meaning 
2provided in Section 2-7.5 of the Criminal Code of 2012 the 
3Firearm Owners Identification Card Act.
4(Source: P.A. 102-538, eff. 8-20-21.)

5 Section 995. No acceleration or delay. Where this Act 
6makes changes in a statute that is represented in this Act by 
7text that is not yet or no longer in effect (for example, a 
8Section represented by multiple versions), the use of that 
9text does not accelerate or delay the taking effect of (i) the 
10changes made by this Act or (ii) provisions derived from any 
11other Public Act.

12 Section 9999. Effective date. This Act takes effect upon 
13becoming law.
 
 
HB4327- 521 -LRB103 34892 RLC 64759 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 2605/2605-605
15 20 ILCS 2605/2605-304 rep.
16 20 ILCS 2605/2605-610 rep.
17 20 ILCS 2610/17b
18 20 ILCS 2630/2.2
19 20 ILCS 2910/1from Ch. 127 1/2, par. 501
20 20 ILCS 3930/7.9
21 30 ILCS 105/6z-99
22 30 ILCS 105/6z-127
23 30 ILCS 500/1-10
24 30 ILCS 715/3from Ch. 56 1/2, par. 1703
25 50 ILCS 710/1from Ch. 85, par. 515
 
 
HB4327- 522 -LRB103 34892 RLC 64759 b


1 50 ILCS 725/7.2 rep.
2 55 ILCS 5/3-6042
3 105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
4 105 ILCS 5/10-27.1A
5 105 ILCS 5/34-8.05
6 225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
7 225 ILCS 447/35-30
8 225 ILCS 447/35-35
9 230 ILCS 10/5.4
10 405 ILCS 5/1-106from Ch. 91 1/2, par. 1-106
11 405 ILCS 5/1-116from Ch. 91 1/2, par. 1-116
12 405 ILCS 5/6-103.1
13 405 ILCS 5/6-103.2
14 405 ILCS 5/6-103.3
15 410 ILCS 45/2from Ch. 111 1/2, par. 1302
16 430 ILCS 65/Act rep.
17 430 ILCS 66/25
18 430 ILCS 66/30
19 430 ILCS 66/40
20 430 ILCS 66/66
21 430 ILCS 66/70
22 430 ILCS 66/80
23 430 ILCS 66/105
24 430 ILCS 67/35
25 430 ILCS 67/40
26 430 ILCS 68/5-20
 
 
HB4327- 523 -LRB103 34892 RLC 64759 b


1 430 ILCS 68/5-25
2 430 ILCS 68/5-40
3 430 ILCS 68/5-85
4 520 ILCS 5/3.2from Ch. 61, par. 3.2
5 520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
6 625 ILCS 5/2-116from Ch. 95 1/2, par. 2-116
7 720 ILCS 5/2-7.1
8 720 ILCS 5/2-7.5
9 720 ILCS 5/12-3.05was 720 ILCS 5/12-4
10 720 ILCS 5/16-0.1
11 720 ILCS 5/17-30was 720 ILCS 5/16C-2
12 720 ILCS 5/24-1from Ch. 38, par. 24-1
13 720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
14 720 ILCS 5/24-1.6
15 720 ILCS 5/24-1.8
16 720 ILCS 5/24-1.9
17 720 ILCS 5/24-1.10
18 720 ILCS 5/24-2
19 720 ILCS 5/24-3from Ch. 38, par. 24-3
20 720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
21 720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
22 720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
23 720 ILCS 5/24-3.5
24 720 ILCS 5/24-3B
25 720 ILCS 5/24-4.1
26 720 ILCS 5/24-4.5 new
 
 
HB4327- 524 -LRB103 34892 RLC 64759 b