103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3199

Introduced 2/6/2024, by Sen. Neil Anderson

SYNOPSIS AS INTRODUCED:

`720 ILCS 5/24-1`	`from Ch. 38, par. 24-1`
`720 ILCS 5/24-1.2-5`
`720 ILCS 5/24-2`
`720 ILCS 5/36-1`	`from Ch. 38, par. 36-1`
`725 ILCS 5/110-6.1`	`from Ch. 38, par. 110-6.1`

Amends the Criminal Code of 2012. Deletes provisions that prohibit the possession or use of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. Amends the Code of Criminal Procedure of 1963 to make conforming changes.

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A BILL FOR

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1 AN ACT concerning criminal law.

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

3 represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by

5 changing Sections 24-1, 24-1.2-5, 24-2, and 36-1 as follows:

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

9 weapons 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

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1 deadly weapon or instrument of like character; or

2 (2.5) Carries or possesses with intent to use the same

3 unlawfully against another, any firearm in a church,

4 synagogue, mosque, or other building, structure, or place

5 used for religious worship; or

6 (3) Carries on or about his person or in any vehicle, a

7 tear gas gun projector or bomb or any object containing

8 noxious liquid gas or substance, other than an object

9 containing a non-lethal noxious liquid gas or substance

10 designed solely for personal defense carried by a person

11 18 years of age or older; or

12 (4) Carries or possesses in any vehicle or concealed

13 on or about his person except when on his land or in his

14 own abode, legal dwelling, or fixed place of business, or

15 on the land or in the legal dwelling of another person as

16 an invitee with that person's permission, any pistol,

17 revolver, stun gun or taser or other firearm, except that

18 this subsection (a)(4) does not apply to or affect

19 transportation of weapons that meet one of the following

20 conditions:

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

22 (ii) are not immediately accessible; or

23 (iii) are unloaded and enclosed in a case, firearm

24 carrying box, shipping box, or other container by a

25 person who has been issued a currently valid Firearm

26 Owner's Identification Card; or

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1 (iv) are carried or possessed in accordance with

2 the Firearm Concealed Carry Act by a person who has

3 been issued a currently valid license under the

4 Firearm Concealed Carry Act; or

5 (5) Sets a spring gun; or

6 (6) (Blank) ~~Possesses any device or attachment of any~~

7 ~~kind designed, used or intended for use in silencing the~~

8 ~~report of any firearm~~; or

9 (7) Sells, manufactures, purchases, possesses or

10 carries:

11 (i) a machine gun, which shall be defined for the

12 purposes of this subsection as any weapon, which

13 shoots, is designed to shoot, or can be readily

14 restored to shoot, automatically more than one shot

15 without manually reloading by a single function of the

16 trigger, including the frame or receiver of any such

17 weapon, or sells, manufactures, purchases, possesses,

18 or carries any combination of parts designed or

19 intended for use in converting any weapon into a

20 machine gun, or any combination or parts from which a

21 machine gun can be assembled if such parts are in the

22 possession or under the control of a person;

23 (ii) any rifle having one or more barrels less

24 than 16 inches in length or a shotgun having one or

25 more barrels less than 18 inches in length or any

26 weapon made from a rifle or shotgun, whether by

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1 alteration, modification, or otherwise, if such a

2 weapon as modified has an overall length of less than

3 26 inches; or

4 (iii) any bomb, bomb-shell, grenade, bottle or

5 other container containing an explosive substance of

6 over one-quarter ounce for like purposes, such as, but

7 not limited to, black powder bombs and Molotov

8 cocktails or artillery projectiles; or

9 (8) Carries or possesses any firearm, stun gun or

10 taser or other deadly weapon in any place which is

11 licensed to sell intoxicating beverages, or at any public

12 gathering held pursuant to a license issued by any

13 governmental body or any public gathering at which an

14 admission is charged, excluding a place where a showing,

15 demonstration or lecture involving the exhibition of

16 unloaded firearms is conducted.

17 This subsection (a)(8) does not apply to any auction

18 or raffle of a firearm held pursuant to a license or permit

19 issued by a governmental body, nor does it apply to

20 persons engaged in firearm safety training courses; or

21 (9) Carries or possesses in a vehicle or on or about

22 his or her person any pistol, revolver, stun gun or taser

23 or firearm or ballistic knife, when he or she is hooded,

24 robed or masked in such manner as to conceal his or her

25 identity; or

26 (10) Carries or possesses on or about his or her

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1 person, upon any public street, alley, or other public

2 lands within the corporate limits of a city, village, or

3 incorporated town, except when an invitee thereon or

4 therein, for the purpose of the display of such weapon or

5 the lawful commerce in weapons, or except when on his land

6 or in his or her own abode, legal dwelling, or fixed place

7 of business, or on the land or in the legal dwelling of

8 another person as an invitee with that person's

9 permission, any pistol, revolver, stun gun, or taser or

10 other firearm, except that this subsection (a)(10) does

11 not apply to or affect transportation of weapons that meet

12 one of the following conditions:

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

14 (ii) are not immediately accessible; or

15 (iii) are unloaded and enclosed in a case, firearm

16 carrying box, shipping box, or other container by a

17 person who has been issued a currently valid Firearm

18 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

18 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

19 subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)

20 commits a Class A misdemeanor. A person convicted of a

21 violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a

22 Class 4 felony; a person convicted of a violation of

23 subsection ~~24-1(a)(6),~~ 24-1(a)(7)(ii), 24-1(a)(7)(iii), or

24 24-1(a)(16) commits a Class 3 felony. A person convicted of a

25 violation of subsection 24-1(a)(7)(i) commits a Class 2 felony

26 and shall be sentenced to a term of imprisonment of not less

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1 than 3 years and not more than 7 years, unless the weapon is

2 possessed in the passenger compartment of a motor vehicle as

3 defined in Section 1-146 of the Illinois Vehicle Code, or on

4 the person, while the weapon is loaded, in which case it shall

5 be a Class X felony. A person convicted of a second or

6 subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),

7 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3

8 felony. A person convicted of a violation of subsection

9 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The

10 possession of each weapon or device in violation of this

11 Section 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

2 omnibus of any weapon, instrument or substance referred to in

3 subsection (a)(7) is prima facie evidence that it is in the

4 possession of, and is being carried by, all persons occupying

5 such automobile at the time such weapon, instrument or

6 substance is found, except under the following circumstances:

7 (i) if such weapon, instrument or instrumentality is found

8 upon the person of one of the occupants therein; or (ii) if

9 such weapon, instrument or substance is found in an automobile

10 operated for hire by a duly licensed driver in the due, lawful

11 and proper pursuit of his or her trade, then such presumption

12 shall 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 who possesses a currently valid Firearm

25 Owner's Identification Card previously issued in his or

26 her name by the Illinois State Police or to a person or an

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1 entity engaged in the business of selling or manufacturing

2 switchblade knives.

3 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;

4 102-1116, eff. 1-10-23.)

5 (720 ILCS 5/24-1.2-5)

6 Sec. 24-1.2-5. Aggravated discharge of a machine gun ~~or a~~

7 ~~firearm equipped with a device designed or used for silencing~~

8 ~~the report of a firearm~~.

9 (a) A person commits aggravated discharge of a machine gun

10 ~~or a firearm equipped with a device designed or used for~~

11 ~~silencing the report of a firearm~~ when he or she knowingly or

12 intentionally:

13 (1) Discharges a machine gun ~~or a firearm equipped~~

14 ~~with a device designed or used for silencing the report of~~

15 ~~a firearm~~ at or into a building he or she knows to be

16 occupied and the machine gun ~~or the firearm equipped with~~

17 ~~a device designed or used for silencing the report of a~~

18 ~~firearm~~ is discharged from a place or position outside

19 that building;

20 (2) Discharges a machine gun ~~or a firearm equipped~~

21 ~~with a device designed or used for silencing the report of~~

22 ~~a firearm~~ in the direction of another person or in the

23 direction of a vehicle he or she knows to be occupied;

24 (3) Discharges a machine gun ~~or a firearm equipped~~

25 ~~with a device designed or used for silencing the report of~~

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1 ~~a firearm~~ in the direction of a person he or she knows to

2 be a peace officer, a person summoned or directed by a

3 peace officer, a correctional institution employee, or a

4 fireman while the officer, employee or fireman is engaged

5 in the execution of any of his or her official duties, or

6 to prevent the officer, employee or fireman from

7 performing his or her official duties, or in retaliation

8 for the officer, employee or fireman performing his or her

9 official duties;

10 (4) Discharges a machine gun ~~or a firearm equipped~~

11 ~~with a device designed or used for silencing the report of~~

12 ~~a firearm~~ in the direction of a vehicle he or she knows to

13 be occupied by a peace officer, a person summoned or

14 directed by a peace officer, a correctional institution

15 employee or a fireman while the officer, employee or

16 fireman is engaged in the execution of any of his or her

17 official duties, or to prevent the officer, employee or

18 fireman from performing his or her official duties, or in

19 retaliation for the officer, employee or fireman

20 performing his or her official duties;

21 (5) Discharges a machine gun ~~or a firearm equipped~~

22 ~~with a device designed or used for silencing the report of~~

23 ~~a firearm~~ in the direction of a person he or she knows to

24 be emergency medical services personnel while the

25 emergency medical services personnel is engaged in the

26 execution of any of his or her official duties, or to

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1 prevent the emergency medical services personnel from

2 performing his or her official duties, or in retaliation

3 for the emergency medical services personnel performing

4 his or her official duties;

5 (6) Discharges a machine gun ~~or a firearm equipped~~

6 ~~with a device designed or used for silencing the report of~~

7 ~~a firearm~~ in the direction of a vehicle he or she knows to

8 be occupied by emergency medical services personnel, while

9 the emergency medical services personnel is engaged in the

10 execution of any of his or her official duties, or to

11 prevent the emergency medical services personnel from

12 performing his or her official duties, or in retaliation

13 for the emergency medical services personnel performing

14 his or her official duties;

15 (7) Discharges a machine gun ~~or a firearm equipped~~

16 ~~with a device designed or used for silencing the report of~~

17 ~~a firearm~~ in the direction of a person he or she knows to

18 be an emergency management worker while the emergency

19 management worker is engaged in the execution of any of

20 his or her official duties, or to prevent the emergency

21 management worker from performing his or her official

22 duties, or in retaliation for the emergency management

23 worker performing his or her official duties; or

24 (8) Discharges a machine gun ~~or a firearm equipped~~

25 ~~with a device designed or used for silencing the report of~~

26 ~~a firearm~~ in the direction of a vehicle he or she knows to

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1 be occupied by an emergency management worker while the

2 emergency management worker is engaged in the execution of

3 any of his or her official duties, or to prevent the

4 emergency management worker from performing his or her

5 official duties, or in retaliation for the emergency

6 management worker performing his or her official duties.

7 (b) A violation of subsection (a) (1) or subsection (a)

8 (2) of this Section is a Class X felony. A violation of

9 subsection (a) (3), (a) (4), (a) (5), (a) (6), (a) (7), or (a)

10 (8) of this Section is a Class X felony for which the sentence

11 shall be a term of imprisonment of no less than 12 years and no

12 more than 50 years.

13 (c) For the purpose of this Section:

14 "Emergency medical services personnel" has the meaning

15 specified in Section 3.5 of the Emergency Medical Services

16 (EMS) Systems Act and shall include all ambulance crew

17 members, including drivers or pilots.

18 "Machine gun" has the meaning ascribed to it in clause

19 (i) of paragraph (7) of subsection (a) of Section 24-1 of

20 this Code.

21 (d) This Section does not apply to a peace officer while

22 serving as a member of a tactical response team or special

23 operations team. ~~A peace officer may not personally own or~~

24 ~~apply for ownership of a device or attachment of any kind~~

25 ~~designed, used, or intended for use in silencing the report of~~

26 ~~any firearm. These devices shall be owned and maintained by~~

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1 ~~lawfully recognized units of government whose duties include~~

2 ~~the investigation of criminal acts.~~

3 (Source: P.A. 99-816, eff. 8-15-16.)

4 (720 ILCS 5/24-2)

5 Sec. 24-2. Exemptions.

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

7 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

8 the following:

9 (1) Peace officers, and any person summoned by a peace

10 officer to assist in making arrests or preserving the

11 peace, while actually engaged in assisting such officer.

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

13 penitentiaries, jails and other institutions for the

14 detention of persons accused or convicted of an offense,

15 while in the performance of their official duty, or while

16 commuting between their homes and places of employment.

17 (3) Members of the Armed Services or Reserve Forces of

18 the United States or the Illinois National Guard or the

19 Reserve Officers Training Corps, while in the performance

20 of their official duty.

21 (4) Special agents employed by a railroad or a public

22 utility to perform police functions, and guards of armored

23 car companies, while actually engaged in the performance

24 of the duties of their employment or commuting between

25 their homes and places of employment; and watchmen while

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1 actually engaged in the performance of the duties of their

2 employment.

3 (5) Persons licensed as private security contractors,

4 private detectives, or private alarm contractors, or

5 employed by a private security contractor, private

6 detective, or private alarm contractor agency licensed by

7 the Department of Financial and Professional Regulation,

8 if their duties include the carrying of a weapon under the

9 provisions of the Private Detective, Private Alarm,

10 Private Security, Fingerprint Vendor, and Locksmith Act of

11 2004, while actually engaged in the performance of the

12 duties of their employment or commuting between their

13 homes and places of employment. A person shall be

14 considered eligible for this exemption if he or she has

15 completed the required 20 hours of training for a private

16 security contractor, private detective, or private alarm

17 contractor, or employee of a licensed private security

18 contractor, private detective, or private alarm contractor

19 agency and 28 hours of required firearm training, and has

20 been issued a firearm control card by the Department of

21 Financial and Professional Regulation. Conditions for the

22 renewal of firearm control cards issued under the

23 provisions of this Section shall be the same as for those

24 cards issued under the provisions of the Private

25 Detective, Private Alarm, Private Security, Fingerprint

26 Vendor, and Locksmith Act of 2004. The firearm control

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1 card shall be carried by the private security contractor,

2 private detective, or private alarm contractor, or

3 employee of the licensed private security contractor,

4 private detective, or private alarm contractor agency at

5 all times when he or she is in possession of a concealable

6 weapon permitted by his or her firearm control card.

7 (6) Any person regularly employed in a commercial or

8 industrial operation as a security guard for the

9 protection of persons employed and private property

10 related to such commercial or industrial operation, while

11 actually engaged in the performance of his or her duty or

12 traveling between sites or properties belonging to the

13 employer, and who, as a security guard, is a member of a

14 security force registered with the Department of Financial

15 and Professional Regulation; provided that such security

16 guard has successfully completed a course of study,

17 approved by and supervised by the Department of Financial

18 and Professional Regulation, consisting of not less than

19 48 hours of training that includes the theory of law

20 enforcement, liability for acts, and the handling of

21 weapons. A person shall be considered eligible for this

22 exemption if he or she has completed the required 20 hours

23 of training for a security officer and 28 hours of

24 required firearm training, and has been issued a firearm

25 control card by the Department of Financial and

26 Professional Regulation. Conditions for the renewal of

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1 firearm control cards issued under the provisions of this

2 Section shall be the same as for those cards issued under

3 the provisions of the Private Detective, Private Alarm,

4 Private Security, Fingerprint Vendor, and Locksmith Act of

5 2004. The firearm control card shall be carried by the

6 security guard at all times when he or she is in possession

7 of a concealable weapon permitted by his or her firearm

8 control card.

9 (7) Agents and investigators of the Illinois

10 Legislative Investigating Commission authorized by the

11 Commission to carry the weapons specified in subsections

12 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

13 any investigation for the Commission.

14 (8) Persons employed by a financial institution as a

15 security guard for the protection of other employees and

16 property related to such financial institution, while

17 actually engaged in the performance of their duties,

18 commuting between their homes and places of employment, or

19 traveling between sites or properties owned or operated by

20 such financial institution, and who, as a security guard,

21 is a member of a security force registered with the

22 Department; provided that any person so employed has

23 successfully completed a course of study, approved by and

24 supervised by the Department of Financial and Professional

25 Regulation, consisting of not less than 48 hours of

26 training which includes theory of law enforcement,

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1 liability for acts, and the handling of weapons. A person

2 shall be considered to be eligible for this exemption if

3 he or she has completed the required 20 hours of training

4 for a security officer and 28 hours of required firearm

5 training, and has been issued a firearm control card by

6 the Department of Financial and Professional Regulation.

7 Conditions for renewal of firearm control cards issued

8 under the provisions of this Section shall be the same as

9 for those issued under the provisions of the Private

10 Detective, Private Alarm, Private Security, Fingerprint

11 Vendor, and Locksmith Act of 2004. The firearm control

12 card shall be carried by the security guard at all times

13 when he or she is in possession of a concealable weapon

14 permitted by his or her firearm control card. For purposes

15 of this subsection, "financial institution" means a bank,

16 savings and loan association, credit union or company

17 providing armored car services.

18 (9) Any person employed by an armored car company to

19 drive an armored car, while actually engaged in the

20 performance of his duties.

21 (10) Persons who have been classified as peace

22 officers pursuant to the Peace Officer Fire Investigation

23 Act.

24 (11) Investigators of the Office of the State's

25 Attorneys Appellate Prosecutor authorized by the board of

26 governors of the Office of the State's Attorneys Appellate

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1 Prosecutor to carry weapons pursuant to Section 7.06 of

2 the State's Attorneys Appellate Prosecutor's Act.

3 (12) Special investigators appointed by a State's

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

5 (12.5) Probation officers while in the performance of

6 their duties, or while commuting between their homes,

7 places of employment or specific locations that are part

8 of their assigned duties, with the consent of the chief

9 judge of the circuit for which they are employed, if they

10 have received weapons training according to requirements

11 of the Peace Officer and Probation Officer Firearm

12 Training Act.

13 (13) Court Security Officers while in the performance

14 of their official duties, or while commuting between their

15 homes and places of employment, with the consent of the

16 Sheriff.

17 (13.5) A person employed as an armed security guard at

18 a nuclear energy, storage, weapons or development site or

19 facility regulated by the Nuclear Regulatory Commission

20 who has completed the background screening and training

21 mandated by the rules and regulations of the Nuclear

22 Regulatory Commission.

23 (14) Manufacture, transportation, or sale of weapons

24 to persons authorized under subdivisions (1) through

25 (13.5) of this subsection to possess those weapons.

26 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

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1 to or affect any person carrying a concealed pistol, revolver,

2 or handgun and the person has been issued a currently valid

3 license under the Firearm Concealed Carry Act at the time of

4 the commission of the offense.

5 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

6 to or affect a qualified current or retired law enforcement

7 officer or a current or retired deputy, county correctional

8 officer, or correctional officer of the Department of

9 Corrections qualified under the laws of this State or under

10 the federal Law Enforcement Officers Safety Act.

11 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

12 24-1.6 do not apply to or affect any of the following:

13 (1) Members of any club or organization organized for

14 the purpose of practicing shooting at targets upon

15 established target ranges, whether public or private, and

16 patrons of such ranges, while such members or patrons are

17 using their firearms on those target ranges.

18 (2) Duly authorized military or civil organizations

19 while parading, with the special permission of the

20 Governor.

21 (3) Hunters, trappers, or fishermen while engaged in

22 lawful hunting, trapping, or fishing under the provisions

23 of the Wildlife Code or the Fish and Aquatic Life Code.

24 (4) Transportation of weapons that are broken down in

25 a non-functioning state or are not immediately accessible.

26 (5) Carrying or possessing any pistol, revolver, stun

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1 gun or taser or other firearm on the land or in the legal

2 dwelling of another person as an invitee with that

3 person's permission.

4 (c) Subsection 24-1(a)(7) does not apply to or affect any

5 of the following:

6 (1) Peace officers while in performance of their

7 official duties.

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

9 penitentiaries, jails and other institutions for the

10 detention of persons accused or convicted of an offense.

11 (3) Members of the Armed Services or Reserve Forces of

12 the United States or the Illinois National Guard, while in

13 the performance of their official duty.

14 (4) Manufacture, transportation, or sale of machine

15 guns to persons authorized under subdivisions (1) through

16 (3) of this subsection to possess machine guns, if the

17 machine guns are broken down in a non-functioning state or

18 are not immediately accessible.

19 (5) Persons licensed under federal law to manufacture

20 any weapon from which 8 or more shots or bullets can be

21 discharged by a single function of the firing device, or

22 ammunition for such weapons, and actually engaged in the

23 business of manufacturing such weapons or ammunition, but

24 only with respect to activities which are within the

25 lawful scope of such business, such as the manufacture,

26 transportation, or testing of such weapons or ammunition.

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1 This exemption does not authorize the general private

2 possession of any weapon from which 8 or more shots or

3 bullets can be discharged by a single function of the

4 firing device, but only such possession and activities as

5 are within the lawful scope of a licensed manufacturing

6 business described in this paragraph.

7 During transportation, such weapons shall be broken

8 down in a non-functioning state or not immediately

9 accessible.

10 (6) The manufacture, transport, testing, delivery,

11 transfer or sale, and all lawful commercial or

12 experimental activities necessary thereto, of rifles,

13 shotguns, and weapons made from rifles or shotguns, or

14 ammunition for such rifles, shotguns or weapons, where

15 engaged in by a person operating as a contractor or

16 subcontractor pursuant to a contract or subcontract for

17 the development and supply of such rifles, shotguns,

18 weapons or ammunition to the United States government or

19 any branch of the Armed Forces of the United States, when

20 such activities are necessary and incident to fulfilling

21 the terms of such contract.

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

23 shall also apply to any authorized agent of any such

24 contractor or subcontractor who is operating within the

25 scope of his employment, where such activities involving

26 such weapon, weapons or ammunition are necessary and

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1 incident to fulfilling the terms of such contract.

2 (7) A person possessing a rifle with a barrel or

3 barrels less than 16 inches in length if: (A) the person

4 has been issued a Curios and Relics license from the U.S.

5 Bureau of Alcohol, Tobacco, Firearms and Explosives; or

6 (B) the person is an active member of a bona fide,

7 nationally recognized military re-enacting group and the

8 modification is required and necessary to accurately

9 portray the weapon for historical re-enactment purposes;

10 the re-enactor is in possession of a valid and current

11 re-enacting group membership credential; and the overall

12 length of the weapon as modified is not less than 26

13 inches.

14 (d) Subsection 24-1(a)(1) does not apply to the purchase,

15 possession or carrying of a black-jack or slung-shot by a

16 peace officer.

17 (e) Subsection 24-1(a)(8) does not apply to any owner,

18 manager or authorized employee of any place specified in that

19 subsection nor to any law enforcement officer.

20 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

21 Section 24-1.6 do not apply to members of any club or

22 organization organized for the purpose of practicing shooting

23 at targets upon established target ranges, whether public or

24 private, while using their firearms on those target ranges.

25 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

26 to:

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1 (1) Members of the Armed Services or Reserve Forces of

2 the United States or the Illinois National Guard, while in

3 the performance of their official duty.

4 (2) Bonafide collectors of antique or surplus military

5 ordnance.

6 (3) Laboratories having a department of forensic

7 ballistics, or specializing in the development of

8 ammunition or explosive ordnance.

9 (4) Commerce, preparation, assembly or possession of

10 explosive bullets by manufacturers of ammunition licensed

11 by the federal government, in connection with the supply

12 of those organizations and persons exempted by subdivision

13 (g)(1) of this Section, or like organizations and persons

14 outside this State, or the transportation of explosive

15 bullets to any organization or person exempted in this

16 Section by a common carrier or by a vehicle owned or leased

17 by an exempted manufacturer.

18 (g-5) (Blank). ~~Subsection 24-1(a)(6) does not apply to or~~

19 ~~affect persons licensed under federal law to manufacture any~~

20 ~~device or attachment of any kind designed, used, or intended~~

21 ~~for use in silencing the report of any firearm, firearms, or~~

22 ~~ammunition for those firearms equipped with those devices, and~~

23 ~~actually engaged in the business of manufacturing those~~

24 ~~devices, firearms, or ammunition, but only with respect to~~

25 ~~activities that are within the lawful scope of that business,~~

26 ~~such as the manufacture, transportation, or testing of those~~

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1 ~~devices, firearms, or ammunition. This exemption does not~~

2 ~~authorize the general private possession of any device or~~

3 ~~attachment of any kind designed, used, or intended for use in~~

4 ~~silencing the report of any firearm, but only such possession~~

5 ~~and activities as are within the lawful scope of a licensed~~

6 ~~manufacturing business described in this subsection (g-5).~~

7 ~~During transportation, these devices shall be detached from~~

8 ~~any weapon or not immediately accessible.~~

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

10 24-1.6 do not apply to or affect any parole agent or parole

11 supervisor who meets the qualifications and conditions

12 prescribed in Section 3-14-1.5 of the Unified Code of

13 Corrections.

14 (g-7) (Blank). ~~Subsection 24-1(a)(6) does not apply to a~~

15 ~~peace officer while serving as a member of a tactical response~~

16 ~~team or special operations team. A peace officer may not~~

17 ~~personally own or apply for ownership of a device or~~

18 ~~attachment of any kind designed, used, or intended for use in~~

19 ~~silencing the report of any firearm. These devices shall be~~

20 ~~owned and maintained by lawfully recognized units of~~

21 ~~government whose duties include the investigation of criminal~~

22 ~~acts.~~

23 (g-10) (Blank).

24 (h) An information or indictment based upon a violation of

25 any subsection of this Article need not negative any

26 exemptions contained in this Article. The defendant shall have

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1 the burden of proving such an exemption.

2 (i) Nothing in this Article shall prohibit, apply to, or

3 affect the transportation, carrying, or possession, of any

4 pistol or revolver, stun gun, taser, or other firearm

5 consigned to a common carrier operating under license of the

6 State of Illinois or the federal government, where such

7 transportation, carrying, or possession is incident to the

8 lawful transportation in which such common carrier is engaged;

9 and nothing in this Article shall prohibit, apply to, or

10 affect the transportation, carrying, or possession of any

11 pistol, revolver, stun gun, taser, or other firearm, not the

12 subject of and regulated by subsection 24-1(a)(7) or

13 subsection 24-2(c) of this Article, which is unloaded and

14 enclosed in a case, firearm carrying box, shipping box, or

15 other container, by the possessor of a valid Firearm Owners

16 Identification Card.

17 (Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23;

18 102-837, eff. 5-13-22; 103-154, eff. 6-30-23.)

19 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)

20 Sec. 36-1. Property subject to forfeiture.

21 (a) Any vessel or watercraft, vehicle, or aircraft is

22 subject to forfeiture under this Article if the vessel or

23 watercraft, vehicle, or aircraft is used with the knowledge

24 and consent of the owner in the commission of or in the attempt

25 to commit as defined in Section 8-4 of this Code:

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1 (1) an offense prohibited by Section 9-1 (first degree

2 murder), Section 9-3 (involuntary manslaughter and

3 reckless homicide), Section 10-2 (aggravated kidnaping),

4 Section 11-1.20 (criminal sexual assault), Section 11-1.30

5 (aggravated criminal sexual assault), Section 11-1.40

6 (predatory criminal sexual assault of a child), subsection

7 (a) of Section 11-1.50 (criminal sexual abuse), subsection

8 (a), (c), or (d) of Section 11-1.60 (aggravated criminal

9 sexual abuse), Section 11-6 (indecent solicitation of a

10 child), Section 11-14.4 (promoting juvenile prostitution

11 except for keeping a place of juvenile prostitution),

12 Section 11-20.1 (child pornography), paragraph (a)(1),

13 (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),

14 (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05

15 (aggravated battery), Section 12-7.3 (stalking), Section

16 12-7.4 (aggravated stalking), Section 16-1 (theft if the

17 theft is of precious metal or of scrap metal), subdivision

18 (f)(2) or (f)(3) of Section 16-25 (retail theft), Section

19 18-2 (armed robbery), Section 19-1 (burglary), Section

20 19-2 (possession of burglary tools), Section 19-3

21 (residential burglary), Section 20-1 (arson; residential

22 arson; place of worship arson), Section 20-2 (possession

23 of explosives or explosive or incendiary devices),

24 subdivision ~~(a)(6) or~~ (a)(7) of Section 24-1 (unlawful use

25 of weapons), Section 24-1.2 (aggravated discharge of a

26 firearm), Section 24-1.2-5 (aggravated discharge of a

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1 machine gun ~~or a firearm equipped with a device designed~~

2 ~~or used for silencing the report of a firearm~~), Section

3 24-1.5 (reckless discharge of a firearm), Section 28-1

4 (gambling), or Section 29D-15.2 (possession of a deadly

5 substance) of this Code;

6 (2) an offense prohibited by Section 21, 22, 23, 24 or

7 26 of the Cigarette Tax Act if the vessel or watercraft,

8 vehicle, or aircraft contains more than 10 cartons of such

9 cigarettes;

10 (3) an offense prohibited by Section 28, 29, or 30 of

11 the Cigarette Use Tax Act if the vessel or watercraft,

12 vehicle, or aircraft contains more than 10 cartons of such

13 cigarettes;

14 (4) an offense prohibited by Section 44 of the

15 Environmental Protection Act;

16 (5) an offense prohibited by Section 11-204.1 of the

17 Illinois Vehicle Code (aggravated fleeing or attempting to

18 elude a peace officer);

19 (6) an offense prohibited by Section 11-501 of the

20 Illinois Vehicle Code (driving while under the influence

21 of alcohol or other drug or drugs, intoxicating compound

22 or compounds or any combination thereof) or a similar

23 provision of a local ordinance, and:

24 (A) during a period in which his or her driving

25 privileges are revoked or suspended if the revocation

26 or suspension was for:

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1 (i) Section 11-501 (driving under the

2 influence of alcohol or other drug or drugs,

3 intoxicating compound or compounds or any

4 combination thereof),

5 (ii) Section 11-501.1 (statutory summary

6 suspension or revocation),

7 (iii) paragraph (b) of Section 11-401 (motor

8 vehicle crashes involving death or personal

9 injuries), or

10 (iv) reckless homicide as defined in Section

11 9-3 of this Code;

12 (B) has been previously convicted of reckless

13 homicide or a similar provision of a law of another

14 state relating to reckless homicide in which the

15 person was determined to have been under the influence

16 of alcohol, other drug or drugs, or intoxicating

17 compound or compounds as an element of the offense or

18 the person has previously been convicted of committing

19 a violation of driving under the influence of alcohol

20 or other drug or drugs, intoxicating compound or

21 compounds or any combination thereof and was involved

22 in a motor vehicle crash that resulted in death, great

23 bodily harm, or permanent disability or disfigurement

24 to another, when the violation was a proximate cause

25 of the death or injuries;

26 (C) the person committed a violation of driving

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1 under the influence of alcohol or other drug or drugs,

2 intoxicating compound or compounds or any combination

3 thereof under Section 11-501 of the Illinois Vehicle

4 Code or a similar provision for the third or

5 subsequent time;

6 (D) he or she did not possess a valid driver's

7 license or permit or a valid restricted driving permit

8 or a valid judicial driving permit or a valid

9 monitoring device driving permit; or

10 (E) he or she knew or should have known that the

11 vehicle he or she was driving was not covered by a

12 liability insurance policy;

13 (7) an offense described in subsection (g) of Section

14 6-303 of the Illinois Vehicle Code;

15 (8) an offense described in subsection (e) of Section

16 6-101 of the Illinois Vehicle Code; or

17 (9)(A) operating a watercraft under the influence of

18 alcohol, other drug or drugs, intoxicating compound or

19 compounds, or combination thereof under Section 5-16 of

20 the Boat Registration and Safety Act during a period in

21 which his or her privileges to operate a watercraft are

22 revoked or suspended and the revocation or suspension was

23 for operating a watercraft under the influence of alcohol,

24 other drug or drugs, intoxicating compound or compounds,

25 or combination thereof; (B) operating a watercraft under

26 the influence of alcohol, other drug or drugs,

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1 intoxicating compound or compounds, or combination thereof

2 and has been previously convicted of reckless homicide or

3 a similar provision of a law in another state relating to

4 reckless homicide in which the person was determined to

5 have been under the influence of alcohol, other drug or

6 drugs, intoxicating compound or compounds, or combination

7 thereof as an element of the offense or the person has

8 previously been convicted of committing a violation of

9 operating a watercraft under the influence of alcohol,

10 other drug or drugs, intoxicating compound or compounds,

11 or combination thereof and was involved in an accident

12 that resulted in death, great bodily harm, or permanent

13 disability or disfigurement to another, when the violation

14 was a proximate cause of the death or injuries; or (C) the

15 person committed a violation of operating a watercraft

16 under the influence of alcohol, other drug or drugs,

17 intoxicating compound or compounds, or combination thereof

18 under Section 5-16 of the Boat Registration and Safety Act

19 or a similar provision for the third or subsequent time.

20 (b) In addition, any mobile or portable equipment used in

21 the commission of an act which is in violation of Section 7g of

22 the Metropolitan Water Reclamation District Act shall be

23 subject to seizure and forfeiture under the same procedures

24 provided in this Article for the seizure and forfeiture of

25 vessels or watercraft, vehicles, and aircraft, and any such

26 equipment shall be deemed a vessel or watercraft, vehicle, or

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1 aircraft for purposes of this Article.

2 (c) In addition, when a person discharges a firearm at

3 another individual from a vehicle with the knowledge and

4 consent of the owner of the vehicle and with the intent to

5 cause death or great bodily harm to that individual and as a

6 result causes death or great bodily harm to that individual,

7 the vehicle shall be subject to seizure and forfeiture under

8 the same procedures provided in this Article for the seizure

9 and forfeiture of vehicles used in violations of clauses (1),

10 (2), (3), or (4) of subsection (a) of this Section.

11 (d) If the spouse of the owner of a vehicle seized for an

12 offense described in subsection (g) of Section 6-303 of the

13 Illinois Vehicle Code, a violation of subdivision (d)(1)(A),

14 (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section

15 11-501 of the Illinois Vehicle Code, or Section 9-3 of this

16 Code makes a showing that the seized vehicle is the only source

17 of transportation and it is determined that the financial

18 hardship to the family as a result of the seizure outweighs the

19 benefit to the State from the seizure, the vehicle may be

20 forfeited to the spouse or family member and the title to the

21 vehicle shall be transferred to the spouse or family member

22 who is properly licensed and who requires the use of the

23 vehicle for employment or family transportation purposes. A

24 written declaration of forfeiture of a vehicle under this

25 Section shall be sufficient cause for the title to be

26 transferred to the spouse or family member. The provisions of

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1 this paragraph shall apply only to one forfeiture per vehicle.

2 If the vehicle is the subject of a subsequent forfeiture

3 proceeding by virtue of a subsequent conviction of either

4 spouse or the family member, the spouse or family member to

5 whom the vehicle was forfeited under the first forfeiture

6 proceeding may not utilize the provisions of this paragraph in

7 another forfeiture proceeding. If the owner of the vehicle

8 seized owns more than one vehicle, the procedure set out in

9 this paragraph may be used for only one vehicle.

10 (e) In addition, property subject to forfeiture under

11 Section 40 of the Illinois Streetgang Terrorism Omnibus

12 Prevention Act may be seized and forfeited under this Article.

13 (Source: P.A. 102-982, eff. 7-1-23.)

14 Section 10. The Code of Criminal Procedure of 1963 is

15 amended by changing Section 110-6.1 as follows:

16 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)

17 Sec. 110-6.1. Denial of pretrial release.

18 (a) Upon verified petition by the State, the court shall

19 hold a hearing and may deny a defendant pretrial release only

20 if:

21 (1) the defendant is charged with a felony offense

22 other than a forcible felony for which, based on the

23 charge or the defendant's criminal history, a sentence of

24 imprisonment, without probation, periodic imprisonment or

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1 conditional discharge, is required by law upon conviction,

2 and it is alleged that the defendant's pretrial release

3 poses a real and present threat to the safety of any person

4 or persons or the community, based on the specific

5 articulable facts of the case;

6 (1.5) the defendant's pretrial release poses a real

7 and present threat to the safety of any person or persons

8 or the community, based on the specific articulable facts

9 of the case, and the defendant is charged with a forcible

10 felony, which as used in this Section, means treason,

11 first degree murder, second degree murder, predatory

12 criminal sexual assault of a child, aggravated criminal

13 sexual assault, criminal sexual assault, armed robbery,

14 aggravated robbery, robbery, burglary where there is use

15 of force against another person, residential burglary,

16 home invasion, vehicular invasion, aggravated arson,

17 arson, aggravated kidnaping, kidnaping, aggravated battery

18 resulting in great bodily harm or permanent disability or

19 disfigurement or any other felony which involves the

20 threat of or infliction of great bodily harm or permanent

21 disability or disfigurement;

22 (2) the defendant is charged with stalking or

23 aggravated stalking, and it is alleged that the

24 defendant's pre-trial release poses a real and present

25 threat to the safety of a victim of the alleged offense,

26 and denial of release is necessary to prevent fulfillment

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1 of the threat upon which the charge is based;

2 (3) the defendant is charged with a violation of an

3 order of protection issued under Section 112A-14 of this

4 Code or Section 214 of the Illinois Domestic Violence Act

5 of 1986, a stalking no contact order under Section 80 of

6 the Stalking No Contact Order Act, or of a civil no contact

7 order under Section 213 of the Civil No Contact Order Act,

8 and it is alleged that the defendant's pretrial release

9 poses a real and present threat to the safety of any person

10 or persons or the community, based on the specific

11 articulable facts of the case;

12 (4) the defendant is charged with domestic battery or

13 aggravated domestic battery under Section 12-3.2 or 12-3.3

14 of the Criminal Code of 2012 and it is alleged that the

15 defendant's pretrial release poses a real and present

16 threat to the safety of any person or persons or the

17 community, based on the specific articulable facts of the

18 case;

19 (5) the defendant is charged with any offense under

20 Article 11 of the Criminal Code of 2012, except for

21 Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,

22 11-40, and 11-45 of the Criminal Code of 2012, or similar

23 provisions of the Criminal Code of 1961 and it is alleged

24 that the defendant's pretrial release poses a real and

25 present threat to the safety of any person or persons or

26 the community, based on the specific articulable facts of

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1 the case;

2 (6) the defendant is charged with any of the following

3 offenses under the Criminal Code of 2012, and it is

4 alleged that the defendant's pretrial release poses a real

5 and present threat to the safety of any person or persons

6 or the community, based on the specific articulable facts

7 of the case:

8 (A) Section 24-1.2 (aggravated discharge of a

9 firearm);

10 (B) Section 24-2.5 (aggravated discharge of a

11 machine gun ~~or a firearm equipped with a device~~

12 ~~designed or use for silencing the report of a~~

13 ~~firearm~~);

14 (C) Section 24-1.5 (reckless discharge of a

15 firearm);

16 (D) Section 24-1.7 (armed habitual criminal);

17 (E) Section 24-2.2 (manufacture, sale or transfer

18 of bullets or shells represented to be armor piercing

19 bullets, dragon's breath shotgun shells, bolo shells,

20 or flechette shells);

21 (F) Section 24-3 (unlawful sale or delivery of

22 firearms);

23 (G) Section 24-3.3 (unlawful sale or delivery of

24 firearms on the premises of any school);

25 (H) Section 24-34 (unlawful sale of firearms by

26 liquor license);

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LRB103 37957 RLC 68089 b

1 (I) Section 24-3.5 (unlawful purchase of a

2 firearm);

3 (J) Section 24-3A (gunrunning);

4 (K) Section 24-3B (firearms trafficking);

5 (L) Section 10-9 (b) (involuntary servitude);

6 (M) Section 10-9 (c) (involuntary sexual servitude

7 of a minor);

8 (N) Section 10-9(d) (trafficking in persons);

9 (O) Non-probationable violations: (i) unlawful use

10 or possession of weapons by felons or persons in the

11 Custody of the Department of Corrections facilities

12 (Section 24-1.1), (ii) aggravated unlawful use of a

13 weapon (Section 24-1.6), or (iii) aggravated

14 possession of a stolen firearm (Section 24-3.9);

15 (P) Section 9-3 (reckless homicide and involuntary

16 manslaughter);

17 (Q) Section 19-3 (residential burglary);

18 (R) Section 10-5 (child abduction);

19 (S) Felony violations of Section 12C-5 (child

20 endangerment);

21 (T) Section 12-7.1 (hate crime);

22 (U) Section 10-3.1 (aggravated unlawful

23 restraint);

24 (V) Section 12-9 (threatening a public official);

25 (W) Subdivision (f)(1) of Section 12-3.05

26 (aggravated battery with a deadly weapon other than by

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1 discharge of a firearm);

2 (6.5) the defendant is charged with any of the

3 following offenses, and it is alleged that the defendant's

4 pretrial release poses a real and present threat to the

5 safety of any person or persons or the community, based on

6 the specific articulable facts of the case:

7 (A) Felony violations of Sections 3.01, 3.02, or

8 3.03 of the Humane Care for Animals Act (cruel

9 treatment, aggravated cruelty, and animal torture);

10 (B) Subdivision (d)(1)(B) of Section 11-501 of the

11 Illinois Vehicle Code (aggravated driving under the

12 influence while operating a school bus with

13 passengers);

14 (C) Subdivision (d)(1)(C) of Section 11-501 of the

15 Illinois Vehicle Code (aggravated driving under the

16 influence causing great bodily harm);

17 (D) Subdivision (d)(1)(D) of Section 11-501 of the

18 Illinois Vehicle Code (aggravated driving under the

19 influence after a previous reckless homicide

20 conviction);

21 (E) Subdivision (d)(1)(F) of Section 11-501 of the

22 Illinois Vehicle Code (aggravated driving under the

23 influence leading to death); or

24 (F) Subdivision (d)(1)(J) of Section 11-501 of the

25 Illinois Vehicle Code (aggravated driving under the

26 influence that resulted in bodily harm to a child

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1 under the age of 16);

2 (7) the defendant is charged with an attempt to commit

3 any charge listed in paragraphs (1) through (6.5), and it

4 is alleged that the defendant's pretrial release poses a

5 real and present threat to the safety of any person or

6 persons or the community, based on the specific

7 articulable facts of the case; or

8 (8) the person has a high likelihood of willful flight

9 to avoid prosecution and is charged with:

10 (A) Any felony described in subdivisions (a)(1)

11 through (a)(7) of this Section; or

12 (B) A felony offense other than a Class 4 offense.

13 (b) If the charged offense is a felony, as part of the

14 detention hearing, the court shall determine whether there is

15 probable cause the defendant has committed an offense, unless

16 a hearing pursuant to Section 109-3 of this Code has already

17 been held or a grand jury has returned a true bill of

18 indictment against the defendant. If there is a finding of no

19 probable cause, the defendant shall be released. No such

20 finding is necessary if the defendant is charged with a

21 misdemeanor.

22 (c) Timing of petition.

23 (1) A petition may be filed without prior notice to

24 the defendant at the first appearance before a judge, or

25 within the 21 calendar days, except as provided in Section

26 110-6, after arrest and release of the defendant upon

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1 reasonable notice to defendant; provided that while such

2 petition is pending before the court, the defendant if

3 previously released shall not be detained.

4 (2) Upon filing, the court shall immediately hold a

5 hearing on the petition unless a continuance is requested.

6 If a continuance is requested and granted, the hearing

7 shall be held within 48 hours of the defendant's first

8 appearance if the defendant is charged with first degree

9 murder or a Class X, Class 1, Class 2, or Class 3 felony,

10 and within 24 hours if the defendant is charged with a

11 Class 4 or misdemeanor offense. The Court may deny or

12 grant the request for continuance. If the court decides to

13 grant the continuance, the Court retains the discretion to

14 detain or release the defendant in the time between the

15 filing of the petition and the hearing.

16 (d) Contents of petition.

17 (1) The petition shall be verified by the State and

18 shall state the grounds upon which it contends the

19 defendant should be denied pretrial release, including the

20 real and present threat to the safety of any person or

21 persons or the community, based on the specific

22 articulable facts or flight risk, as appropriate.

23 (2) If the State seeks to file a second or subsequent

24 petition under this Section, the State shall be required

25 to present a verified application setting forth in detail

26 any new facts not known or obtainable at the time of the

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1 filing of the previous petition.

2 (e) Eligibility: All defendants shall be presumed eligible

3 for pretrial release, and the State shall bear the burden of

4 proving by clear and convincing evidence that:

5 (1) the proof is evident or the presumption great that

6 the defendant has committed an offense listed in

7 subsection (a), and

8 (2) for offenses listed in paragraphs (1) through (7)

9 of subsection (a), the defendant poses a real and present

10 threat to the safety of any person or persons or the

11 community, based on the specific articulable facts of the

12 case, by conduct which may include, but is not limited to,

13 a forcible felony, the obstruction of justice,

14 intimidation, injury, or abuse as defined by paragraph (1)

15 of Section 103 of the Illinois Domestic Violence Act of

16 1986, and

17 (3) no condition or combination of conditions set

18 forth in subsection (b) of Section 110-10 of this Article

19 can mitigate (i) the real and present threat to the safety

20 of any person or persons or the community, based on the

21 specific articulable facts of the case, for offenses

22 listed in paragraphs (1) through (7) of subsection (a), or

23 (ii) the defendant's willful flight for offenses listed in

24 paragraph (8) of subsection (a), and

25 (4) for offenses under subsection (b) of Section 407

26 of the Illinois Controlled Substances Act that are subject

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1 to paragraph (1) of subsection (a), no condition or

2 combination of conditions set forth in subsection (b) of

3 Section 110-10 of this Article can mitigate the real and

4 present threat to the safety of any person or persons or

5 the community, based on the specific articulable facts of

6 the case, and the defendant poses a serious risk to not

7 appear in court as required.

8 (f) Conduct of the hearings.

9 (1) Prior to the hearing, the State shall tender to

10 the defendant copies of the defendant's criminal history

11 available, any written or recorded statements, and the

12 substance of any oral statements made by any person, if

13 relied upon by the State in its petition, and any police

14 reports in the prosecutor's possession at the time of the

15 hearing.

16 (2) The State or defendant may present evidence at the

17 hearing by way of proffer based upon reliable information.

18 (3) The defendant has the right to be represented by

19 counsel, and if he or she is indigent, to have counsel

20 appointed for him or her. The defendant shall have the

21 opportunity to testify, to present witnesses on his or her

22 own behalf, and to cross-examine any witnesses that are

23 called by the State. Defense counsel shall be given

24 adequate opportunity to confer with the defendant before

25 any hearing at which conditions of release or the

26 detention of the defendant are to be considered, with an

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1 accommodation for a physical condition made to facilitate

2 attorney/client consultation. If defense counsel needs to

3 confer or consult with the defendant during any hearing

4 conducted via a two-way audio-visual communication system,

5 such consultation shall not be recorded and shall be

6 undertaken consistent with constitutional protections.

7 (3.5) A hearing at which pretrial release may be

8 denied must be conducted in person (and not by way of

9 two-way audio visual communication) unless the accused

10 waives the right to be present physically in court, the

11 court determines that the physical health and safety of

12 any person necessary to the proceedings would be

13 endangered by appearing in court, or the chief judge of

14 the circuit orders use of that system due to operational

15 challenges in conducting the hearing in person. Such

16 operational challenges must be documented and approved by

17 the chief judge of the circuit, and a plan to address the

18 challenges through reasonable efforts must be presented

19 and approved by the Administrative Office of the Illinois

20 Courts every 6 months.

21 (4) If the defense seeks to compel the complaining

22 witness to testify as a witness in its favor, it shall

23 petition the court for permission. When the ends of

24 justice so require, the court may exercise its discretion

25 and compel the appearance of a complaining witness. The

26 court shall state on the record reasons for granting a

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1 defense request to compel the presence of a complaining

2 witness only on the issue of the defendant's pretrial

3 detention. In making a determination under this Section,

4 the court shall state on the record the reason for

5 granting a defense request to compel the presence of a

6 complaining witness, and only grant the request if the

7 court finds by clear and convincing evidence that the

8 defendant will be materially prejudiced if the complaining

9 witness does not appear. Cross-examination of a

10 complaining witness at the pretrial detention hearing for

11 the purpose of impeaching the witness' credibility is

12 insufficient reason to compel the presence of the witness.

13 In deciding whether to compel the appearance of a

14 complaining witness, the court shall be considerate of the

15 emotional and physical well-being of the witness. The

16 pre-trial detention hearing is not to be used for purposes

17 of discovery, and the post arraignment rules of discovery

18 do not apply. The State shall tender to the defendant,

19 prior to the hearing, copies, if any, of the defendant's

20 criminal history, if available, and any written or

21 recorded statements and the substance of any oral

22 statements made by any person, if in the State's

23 Attorney's possession at the time of the hearing.

24 (5) The rules concerning the admissibility of evidence

25 in criminal trials do not apply to the presentation and

26 consideration of information at the hearing. At the trial

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1 concerning the offense for which the hearing was conducted

2 neither the finding of the court nor any transcript or

3 other record of the hearing shall be admissible in the

4 State's case-in-chief, but shall be admissible for

5 impeachment, or as provided in Section 115-10.1 of this

6 Code, or in a perjury proceeding.

7 (6) The defendant may not move to suppress evidence or

8 a confession, however, evidence that proof of the charged

9 crime may have been the result of an unlawful search or

10 seizure, or both, or through improper interrogation, is

11 relevant in assessing the weight of the evidence against

12 the defendant.

13 (7) Decisions regarding release, conditions of

14 release, and detention prior to trial must be

15 individualized, and no single factor or standard may be

16 used exclusively to order detention. Risk assessment tools

17 may not be used as the sole basis to deny pretrial release.

18 (g) Factors to be considered in making a determination of

19 dangerousness. The court may, in determining whether the

20 defendant poses a real and present threat to the safety of any

21 person or persons or the community, based on the specific

22 articulable facts of the case, consider, but shall not be

23 limited to, evidence or testimony concerning:

24 (1) The nature and circumstances of any offense

25 charged, including whether the offense is a crime of

26 violence, involving a weapon, or a sex offense.

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1 (2) The history and characteristics of the defendant

2 including:

3 (A) Any evidence of the defendant's prior criminal

4 history indicative of violent, abusive or assaultive

5 behavior, or lack of such behavior. Such evidence may

6 include testimony or documents received in juvenile

7 proceedings, criminal, quasi-criminal, civil

8 commitment, domestic relations, or other proceedings.

9 (B) Any evidence of the defendant's psychological,

10 psychiatric or other similar social history which

11 tends to indicate a violent, abusive, or assaultive

12 nature, or lack of any such history.

13 (3) The identity of any person or persons to whose

14 safety the defendant is believed to pose a threat, and the

15 nature of the threat.

16 (4) Any statements made by, or attributed to the

17 defendant, together with the circumstances surrounding

18 them.

19 (5) The age and physical condition of the defendant.

20 (6) The age and physical condition of any victim or

21 complaining witness.

22 (7) Whether the defendant is known to possess or have

23 access to any weapon or weapons.

24 (8) Whether, at the time of the current offense or any

25 other offense or arrest, the defendant was on probation,

26 parole, aftercare release, mandatory supervised release or

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1 other release from custody pending trial, sentencing,

2 appeal or completion of sentence for an offense under

3 federal or state law.

4 (9) Any other factors, including those listed in

5 Section 110-5 of this Article deemed by the court to have a

6 reasonable bearing upon the defendant's propensity or

7 reputation for violent, abusive, or assaultive behavior,

8 or lack of such behavior.

9 (h) Detention order. The court shall, in any order for

10 detention:

11 (1) make a written finding summarizing the court's

12 reasons for concluding that the defendant should be denied

13 pretrial release, including why less restrictive

14 conditions would not avoid a real and present threat to

15 the safety of any person or persons or the community,

16 based on the specific articulable facts of the case, or

17 prevent the defendant's willful flight from prosecution;

18 (2) direct that the defendant be committed to the

19 custody of the sheriff for confinement in the county jail

20 pending trial;

21 (3) direct that the defendant be given a reasonable

22 opportunity for private consultation with counsel, and for

23 communication with others of his or her choice by

24 visitation, mail and telephone; and

25 (4) direct that the sheriff deliver the defendant as

26 required for appearances in connection with court

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1 proceedings.

2 (i) Detention. If the court enters an order for the

3 detention of the defendant pursuant to subsection (e) of this

4 Section, the defendant shall be brought to trial on the

5 offense for which he is detained within 90 days after the date

6 on which the order for detention was entered. If the defendant

7 is not brought to trial within the 90-day period required by

8 the preceding sentence, he shall not be denied pretrial

9 release. In computing the 90-day period, the court shall omit

10 any period of delay resulting from a continuance granted at

11 the request of the defendant and any period of delay resulting

12 from a continuance granted at the request of the State with

13 good cause shown pursuant to Section 103-5.

14 (i-5) At each subsequent appearance of the defendant

15 before the court, the judge must find that continued detention

16 is necessary to avoid a real and present threat to the safety

17 of any person or persons or the community, based on the

18 specific articulable facts of the case, or to prevent the

19 defendant's willful flight from prosecution.

20 (j) Rights of the defendant. The defendant shall be

21 entitled to appeal any order entered under this Section

22 denying his or her pretrial release.

23 (k) Appeal. The State may appeal any order entered under

24 this Section denying any motion for denial of pretrial

25 release.

26 (l) Presumption of innocence. Nothing in this Section

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