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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4048 Introduced , by Rep. Edward J. Acevedo SYNOPSIS AS INTRODUCED:
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Amends the Freedom of Information Act. Provides that names and information of people who have applied for or received certificates of handgun registration are exempt from public inspections and copying. Amends the State Finance Act. Creates the National Instant Criminal Background Check System Improvement Fund and the Illinois LEADS Information and Technology Improvement Fund. Amends the Firearm Owners Identification Act. Provides that the Act may now be cited to as the "Firearm Owners Identification Card and Certificate of Handgun Registration Act". Defines "certificate of handgun registration" and "handgun". Prohibits any person in the State from carrying or possessing a handgun without a certificate of handgun registration. Sets forth requirements concerning exemptions, applications for registration, registration fees, the distribution of moneys received from certain fees, and the denial of an application. Creates penalties for the possession of a handgun without a current certificate of registration, knowingly providing false or misleading information or evidence in connection with an application, and the failure to report to local law enforcement that a registered handgun is lost, stolen, missing, or destroyed. Sets forth procedures for the return of a certificate of registration for a handgun that is lost, stolen, or otherwise disposed of. Amends various Acts to make conforming changes.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Freedom of Information Act is amended by |
| 5 | | changing Section 7.5 as follows:
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| 6 | | (5 ILCS 140/7.5) |
| 7 | | Sec. 7.5. Statutory exemptions Exemptions. To the extent |
| 8 | | provided for by the statutes referenced below, the following |
| 9 | | shall be exempt from inspection and copying: |
| 10 | | (a) All information determined to be confidential |
| 11 | | under Section 4002 of the Technology Advancement and |
| 12 | | Development Act. |
| 13 | | (b) Library circulation and order records identifying |
| 14 | | library users with specific materials under the Library |
| 15 | | Records Confidentiality Act. |
| 16 | | (c) Applications, related documents, and medical |
| 17 | | records received by the Experimental Organ Transplantation |
| 18 | | Procedures Board and any and all documents or other records |
| 19 | | prepared by the Experimental Organ Transplantation |
| 20 | | Procedures Board or its staff relating to applications it |
| 21 | | has received. |
| 22 | | (d) Information and records held by the Department of |
| 23 | | Public Health and its authorized representatives relating |
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| 1 | | to known or suspected cases of sexually transmissible |
| 2 | | disease or any information the disclosure of which is |
| 3 | | restricted under the Illinois Sexually Transmissible |
| 4 | | Disease Control Act. |
| 5 | | (e) Information the disclosure of which is exempted |
| 6 | | under Section 30 of the Radon Industry Licensing Act. |
| 7 | | (f) Firm performance evaluations under Section 55 of |
| 8 | | the Architectural, Engineering, and Land Surveying |
| 9 | | Qualifications Based Selection Act. |
| 10 | | (g) Information the disclosure of which is restricted |
| 11 | | and exempted under Section 50 of the Illinois Prepaid |
| 12 | | Tuition Act. |
| 13 | | (h) Information the disclosure of which is exempted |
| 14 | | under the State Officials and Employees Ethics Act, and |
| 15 | | records of any lawfully created State or local inspector |
| 16 | | general's office that would be exempt if created or |
| 17 | | obtained by an Executive Inspector General's office under |
| 18 | | that Act. |
| 19 | | (i) Information contained in a local emergency energy |
| 20 | | plan submitted to a municipality in accordance with a local |
| 21 | | emergency energy plan ordinance that is adopted under |
| 22 | | Section 11-21.5-5 of the Illinois Municipal Code. |
| 23 | | (j) Information and data concerning the distribution |
| 24 | | of surcharge moneys collected and remitted by wireless |
| 25 | | carriers under the Wireless Emergency Telephone Safety |
| 26 | | Act. |
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| 1 | | (k) Law enforcement officer identification information |
| 2 | | or driver identification information compiled by a law |
| 3 | | enforcement agency or the Department of Transportation |
| 4 | | under Section 11-212 of the Illinois Vehicle Code. |
| 5 | | (l) Records and information provided to a residential |
| 6 | | health care facility resident sexual assault and death |
| 7 | | review team or the Executive Council under the Abuse |
| 8 | | Prevention Review Team Act. |
| 9 | | (m) Information provided to the predatory lending |
| 10 | | database created pursuant to Article 3 of the Residential |
| 11 | | Real Property Disclosure Act, except to the extent |
| 12 | | authorized under that Article. |
| 13 | | (n) Defense budgets and petitions for certification of |
| 14 | | compensation and expenses for court appointed trial |
| 15 | | counsel as provided under Sections 10 and 15 of the Capital |
| 16 | | Crimes Litigation Act. This subsection (n) shall apply |
| 17 | | until the conclusion of the trial of the case, even if the |
| 18 | | prosecution chooses not to pursue the death penalty prior |
| 19 | | to trial or sentencing. |
| 20 | | (o) Information that is prohibited from being |
| 21 | | disclosed under Section 4 of the Illinois Health and |
| 22 | | Hazardous Substances Registry Act. |
| 23 | | (p) Security portions of system safety program plans, |
| 24 | | investigation reports, surveys, schedules, lists, data, or |
| 25 | | information compiled, collected, or prepared by or for the |
| 26 | | Regional Transportation Authority under Section 2.11 of |
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| 1 | | the Regional Transportation Authority Act or the St. Clair |
| 2 | | County Transit District under the Bi-State Transit Safety |
| 3 | | Act. |
| 4 | | (q) Information prohibited from being disclosed by the |
| 5 | | Personnel Records Review Act. |
| 6 | | (r) Information prohibited from being disclosed by the |
| 7 | | Illinois School Student Records Act. |
| 8 | | (s) Information the disclosure of which is restricted |
| 9 | | under Section 5-108 of the Public Utilities Act.
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| 10 | | (t) All identified or deidentified health information |
| 11 | | in the form of health data or medical records contained in, |
| 12 | | stored in, submitted to, transferred by, or released from |
| 13 | | the Illinois Health Information Exchange, and identified |
| 14 | | or deidentified health information in the form of health |
| 15 | | data and medical records of the Illinois Health Information |
| 16 | | Exchange in the possession of the Illinois Health |
| 17 | | Information Exchange Authority due to its administration |
| 18 | | of the Illinois Health Information Exchange. The terms |
| 19 | | "identified" and "deidentified" shall be given the same |
| 20 | | meaning as in the Health Insurance Accountability and |
| 21 | | Portability Act of 1996, Public Law 104-191, or any |
| 22 | | subsequent amendments thereto, and any regulations |
| 23 | | promulgated thereunder. |
| 24 | | (u) Records and information provided to an independent |
| 25 | | team of experts under Brian's Law. |
| 26 | | (v) Names and information of people who have applied |
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| 1 | | for or received Firearm Owner's Identification Cards or |
| 2 | | certificates of handgun registration under the Firearm |
| 3 | | Owners Identification Card and Certificate of Handgun |
| 4 | | Registration Act or applied for or received a concealed |
| 5 | | carry license under the Firearm Concealed Carry Act, unless |
| 6 | | otherwise authorized by the Firearm Concealed Carry Act; |
| 7 | | and databases under the Firearm Concealed Carry Act, |
| 8 | | records of the Concealed Carry Licensing Review Board under |
| 9 | | the Firearm Concealed Carry Act, and law enforcement agency |
| 10 | | objections under the Firearm Concealed Carry Act. |
| 11 | | (w) Personally identifiable information which is |
| 12 | | exempted from disclosure under subsection (g) of Section |
| 13 | | 19.1 of the Toll Highway Act. |
| 14 | | (x) Information which is exempted from disclosure |
| 15 | | under Section 5-1014.3 of the Counties Code or Section |
| 16 | | 8-11-21 of the Illinois Municipal Code. |
| 17 | | (y) Confidential information under the Adult |
| 18 | | Protective Services Act and its predecessor enabling |
| 19 | | statute, the Elder Abuse and Neglect Act, including |
| 20 | | information about the identity and administrative finding |
| 21 | | against any caregiver of a verified and substantiated |
| 22 | | decision of abuse, neglect, or financial exploitation of an |
| 23 | | eligible adult maintained in the Registry established |
| 24 | | under Section 7.5 of the Adult Protective Services Act. |
| 25 | | (z) Records and information provided to a fatality |
| 26 | | review team or the Illinois Fatality Review Team Advisory |
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| 1 | | Council under Section 15 of the Adult Protective Services |
| 2 | | Act. |
| 3 | | (aa) Information which is exempted from disclosure |
| 4 | | under Section 2.37 of the Wildlife Code. |
| 5 | | (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, |
| 6 | | eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, |
| 7 | | eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039, |
| 8 | | eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
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| 9 | | Section 10. The Department of State Police Law of the
Civil |
| 10 | | Administrative Code of Illinois is amended by changing Sections |
| 11 | | 2605-45, 2605-120, 2605-300, and 2605-595 as follows:
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| 12 | | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
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| 13 | | Sec. 2605-45. Division of Administration. The Division of
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| 14 | | Administration shall exercise the
following functions:
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| 15 | | (1) Exercise the rights, powers, and duties vested in |
| 16 | | the
Department
by the
Governor's Office of Management and |
| 17 | | Budget Act.
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| 18 | | (2) Pursue research and the publication of studies |
| 19 | | pertaining
to local
law enforcement activities.
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| 20 | | (3) Exercise the rights, powers, and duties vested in |
| 21 | | the
Department
by the Personnel Code.
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| 22 | | (4) Operate an electronic data processing and computer |
| 23 | | center
for the
storage and retrieval of data pertaining to |
| 24 | | criminal activity.
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| 1 | | (5) Exercise the rights, powers, and duties vested in
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| 2 | | the former Division of
State Troopers by Section 17 of the |
| 3 | | State Police
Act.
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| 4 | | (6) Exercise the rights, powers, and duties vested in
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| 5 | | the Department
by "An Act relating to internal auditing in |
| 6 | | State government", approved
August 11, 1967 (repealed; now |
| 7 | | the Fiscal Control and Internal Auditing Act,
30 ILCS 10/).
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| 8 | | (6.5) Exercise the rights, powers, and duties vested in |
| 9 | | the Department
by the Firearm Owners Identification Card |
| 10 | | and Certificate of Handgun Registration Act.
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| 11 | | (7) Exercise other duties that may be assigned
by the |
| 12 | | Director to
fulfill the responsibilities and achieve the |
| 13 | | purposes of the Department.
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| 14 | | (Source: P.A. 94-793, eff. 5-19-06.)
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| 15 | | (20 ILCS 2605/2605-120) (was 20 ILCS 2605/55a in part)
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| 16 | | Sec. 2605-120. Firearm Owners Identification Card and |
| 17 | | Certificate of Handgun Registration Act. To
exercise the |
| 18 | | rights, powers, and duties that have been vested
in the |
| 19 | | Department of Public Safety by the Firearm Owners |
| 20 | | Identification
Card and Certificate of Handgun Registration |
| 21 | | Act.
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| 22 | | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, |
| 23 | | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, |
| 24 | | eff. 8-14-98;
91-239, eff. 1-1-00.)
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| 1 | | (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
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| 2 | | Sec. 2605-300. Records; crime laboratories; personnel. To |
| 3 | | do
the
following:
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| 4 | | (1) Be a central repository and custodian of criminal
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| 5 | | statistics for the State.
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| 6 | | (2) Be a central repository for criminal history
record |
| 7 | | information.
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| 8 | | (3) Procure and file for record information that is
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| 9 | | necessary and helpful to plan programs of crime prevention, |
| 10 | | law
enforcement,
and criminal justice.
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| 11 | | (4) Procure and file for record copies of
fingerprints |
| 12 | | that may be required by law.
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| 13 | | (5) Establish general and field
crime laboratories.
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| 14 | | (6) Register and file for record information that
may |
| 15 | | be required by law for the issuance of firearm owner's |
| 16 | | identification
cards or certificates of handgun |
| 17 | | registration under the Firearm Owners Identification Card |
| 18 | | and Certificate of Handgun Registration Act and concealed |
| 19 | | carry licenses under the Firearm Concealed Carry Act.
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| 20 | | (7) Employ polygraph operators, laboratory |
| 21 | | technicians,
and
other
specially qualified persons to aid |
| 22 | | in the identification of criminal
activity.
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| 23 | | (8) Undertake other identification, information,
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| 24 | | laboratory, statistical, or registration activities that |
| 25 | | may be
required by law.
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| 26 | | (Source: P.A. 98-63, eff. 7-9-13.)
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| 1 | | (20 ILCS 2605/2605-595) |
| 2 | | Sec. 2605-595. State Police Firearm Services Fund. |
| 3 | | (a) There is created in the State treasury a special fund |
| 4 | | known as the State Police Firearm Services Fund. The Fund shall |
| 5 | | receive revenue under the Firearm Concealed Carry Act and |
| 6 | | Section 5 of the Firearm Owners Identification Card and |
| 7 | | Certificate of Handgun Registration Act. The Fund may also |
| 8 | | receive revenue from grants, pass-through grants, donations, |
| 9 | | appropriations, and any other legal source. |
| 10 | | (b) The Department of State Police may use moneys in the |
| 11 | | Fund to finance any of its lawful purposes, mandates, |
| 12 | | functions, and duties under the Firearm Owners Identification |
| 13 | | Card and Certificate of Handgun Registration Act and the |
| 14 | | Firearm Concealed Carry Act, including the cost of sending |
| 15 | | notices of expiration of Firearm Owner's Identification Cards, |
| 16 | | certificates of handgun registration, concealed carry |
| 17 | | licenses, the prompt and efficient processing of applications |
| 18 | | under the Firearm Owners Identification Card and Certificate of |
| 19 | | Handgun Registration Act and the Firearm Concealed Carry Act, |
| 20 | | the improved efficiency and reporting of the LEADS and federal |
| 21 | | NICS law enforcement data systems, and support for |
| 22 | | investigations required under these Acts and law. Any surplus |
| 23 | | funds beyond what is needed to comply with the aforementioned |
| 24 | | purposes shall be used by the Department to improve the Law |
| 25 | | Enforcement Agencies Data System (LEADS) and criminal history |
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| 1 | | background check system. |
| 2 | | (c) Investment income that is attributable to the |
| 3 | | investment of moneys in the Fund shall be retained in the Fund |
| 4 | | for the uses specified in this Section.
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| 5 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
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| 6 | | Section 15. The State Finance Act is amended by changing |
| 7 | | 6z-99 and by adding Sections 5.866, 5.867, 5.868, 6z-101, and |
| 8 | | 6z-102 as follows:
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| 9 | | (30 ILCS 105/5.866 new) |
| 10 | | Sec. 5.866. The National Instant Criminal Background Check |
| 11 | | System Improvement Fund.
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| 12 | | (30 ILCS 105/5.867 new) |
| 13 | | Sec. 5.867. The Illinois LEADS Information and Technology |
| 14 | | Improvement Fund.
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| 15 | | (30 ILCS 105/5.868 new) |
| 16 | | Sec. 5.868. The Handgun Certificate Administration Fund.
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| 17 | | (30 ILCS 105/6z-99) |
| 18 | | Sec. 6z-99. The Mental Health Reporting Fund. |
| 19 | | (a) There is created in the State treasury a special fund |
| 20 | | known as the Mental Health Reporting Fund. The Fund shall |
| 21 | | receive revenue under the Firearm Concealed Carry Act. The Fund |
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| 1 | | may also receive revenue from grants, pass-through grants, |
| 2 | | donations, appropriations, and any other legal source. |
| 3 | | (b) The Department of State Police and Department of Human |
| 4 | | Services shall coordinate to use moneys in the Fund to finance |
| 5 | | their respective duties of collecting and reporting data on |
| 6 | | mental health records and ensuring that mental health firearm |
| 7 | | possession prohibitors are enforced as set forth under the |
| 8 | | Firearm Concealed Carry Act and the Firearm Owners |
| 9 | | Identification Card and Certificate of Handgun Registration |
| 10 | | Act. Any surplus in the Fund beyond what is necessary to ensure |
| 11 | | compliance with mental health reporting under these Acts shall |
| 12 | | be used by the Department of Human Services for mental health |
| 13 | | treatment programs. |
| 14 | | (c) Investment income that is attributable to the |
| 15 | | investment of moneys in the Fund shall be retained in the Fund |
| 16 | | for the uses specified in this Section.
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| 17 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
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| 18 | | (30 ILCS 105/6z-101 new) |
| 19 | | Sec. 6z-101. National Instant Criminal Background Check |
| 20 | | System Improvement Fund. |
| 21 | | (a) There is created in the State treasury a special fund |
| 22 | | known as National Instant Criminal Background Check System |
| 23 | | Improvement Fund. The Fund shall receive revenue pursuant to |
| 24 | | Section 3.4 of the Firearm Owners Identification Card and |
| 25 | | Certificate of Handgun Registration Act. The Fund may also |
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| 1 | | receive revenue from grants, donations, appropriations, and |
| 2 | | any other legal source. |
| 3 | | (b) The Department of State Police shall use moneys in the |
| 4 | | Fund to perform its duties and responsibilities under |
| 5 | | subsection (e) of Section 3.1 of the Firearm Owners |
| 6 | | Identification Card and Certificate of Handgun Registration |
| 7 | | Act. |
| 8 | | (c) Expenditures may be made from the Fund only as |
| 9 | | appropriated by the General Assembly by law. |
| 10 | | (d) Investment income that is attributable to the |
| 11 | | investment of moneys in the Fund shall be retained in the Fund |
| 12 | | for the uses specified in this Section. |
| 13 | | (e) The Fund shall not be subject to administrative |
| 14 | | chargebacks.
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| 15 | | (30 ILCS 105/6z-102 new) |
| 16 | | Sec. 6z-102. Illinois LEADS Information and Technology |
| 17 | | Improvement Fund. |
| 18 | | (a) There is created in the State treasury a special fund |
| 19 | | known as the Illinois LEADS Information and Technology |
| 20 | | Improvement Fund. The Fund shall receive revenue pursuant to |
| 21 | | Section 3.4 of the Firearm Owners Identification Card and |
| 22 | | Certificate of Handgun Registration Act. The Fund may also |
| 23 | | receive revenue from grants, donations, appropriations, and |
| 24 | | any other legal source. |
| 25 | | (b) The Department of State Police shall use the moneys in |
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| 1 | | the Fund to update and improve the technology used for the Law |
| 2 | | Enforcement Agencies Data System (LEADS) system. The Fund shall |
| 3 | | also be used to support the Department's responsibilities in |
| 4 | | managing background checks and public safety record-keeping. |
| 5 | | (c) Moneys in the Fund shall also be used to fund grants |
| 6 | | made available to local law enforcement to support their |
| 7 | | technological infrastructure. |
| 8 | | (d) Expenditures may be made from the Fund only as |
| 9 | | appropriated by the General Assembly by law. |
| 10 | | (e) Investment income that is attributable to the |
| 11 | | investment of moneys in the Fund shall be retained in the Fund |
| 12 | | for the uses specified in this Section. |
| 13 | | (f) The Fund shall not be subject to administrative |
| 14 | | chargebacks.
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| 15 | | Section 20. The School Code is amended by changing Sections |
| 16 | | 10-22.6, 10-27.1A, and 34-8.05 as follows:
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| 17 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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| 18 | | Sec. 10-22.6. Suspension or expulsion of pupils; school |
| 19 | | searches.
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| 20 | | (a) To expel pupils guilty of gross disobedience or |
| 21 | | misconduct, including gross disobedience or misconduct |
| 22 | | perpetuated by electronic means, and
no action shall lie |
| 23 | | against them for such expulsion. Expulsion shall
take place |
| 24 | | only after the parents have been requested to appear at a
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| 1 | | meeting of the board, or with a hearing officer appointed by |
| 2 | | it, to
discuss their child's behavior. Such request shall be |
| 3 | | made by registered
or certified mail and shall state the time, |
| 4 | | place and purpose of the
meeting. The board, or a hearing |
| 5 | | officer appointed by it, at such
meeting shall state the |
| 6 | | reasons for dismissal and the date on which the
expulsion is to |
| 7 | | become effective. If a hearing officer is appointed by
the |
| 8 | | board he shall report to the board a written summary of the |
| 9 | | evidence
heard at the meeting and the board may take such |
| 10 | | action thereon as it
finds appropriate. An expelled pupil may |
| 11 | | be immediately transferred to an alternative program in the |
| 12 | | manner provided in Article 13A or 13B of this Code. A pupil |
| 13 | | must not be denied transfer because of the expulsion, except in |
| 14 | | cases in which such transfer is deemed to cause a threat to the |
| 15 | | safety of students or staff in the alternative program.
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| 16 | | (b) To suspend or by policy to authorize the superintendent |
| 17 | | of
the district or the principal, assistant principal, or dean |
| 18 | | of students
of any school to suspend pupils guilty of gross |
| 19 | | disobedience or misconduct, or
to suspend pupils guilty of |
| 20 | | gross disobedience or misconduct on the school bus
from riding |
| 21 | | the school bus, and no action
shall lie against them for such |
| 22 | | suspension. The board may by policy
authorize the |
| 23 | | superintendent of the district or the principal, assistant
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| 24 | | principal, or dean of students of any
school to suspend pupils |
| 25 | | guilty of such acts for a period not to exceed
10 school days. |
| 26 | | If a pupil is suspended due to gross disobedience or misconduct
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| 1 | | on a school bus, the board may suspend the pupil in excess of |
| 2 | | 10
school
days for safety reasons. Any suspension shall be |
| 3 | | reported immediately to the
parents or guardian of such pupil |
| 4 | | along with a full statement of the
reasons for such suspension |
| 5 | | and a notice of their right to a review. The school board must |
| 6 | | be given a summary of the notice, including the reason for the |
| 7 | | suspension and the suspension length. Upon request of the
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| 8 | | parents or guardian the school board or a hearing officer |
| 9 | | appointed by
it shall review such action of the superintendent |
| 10 | | or principal, assistant
principal, or dean of students. At such
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| 11 | | review the parents or guardian of the pupil may appear and |
| 12 | | discuss the
suspension with the board or its hearing officer. |
| 13 | | If a hearing officer
is appointed by the board he shall report |
| 14 | | to the board a written summary
of the evidence heard at the |
| 15 | | meeting. After its hearing or upon receipt
of the written |
| 16 | | report of its hearing officer, the board may take such
action |
| 17 | | as it finds appropriate. A pupil who is suspended in excess of |
| 18 | | 20 school days may be immediately transferred to an alternative |
| 19 | | program in the manner provided in Article 13A or 13B of this |
| 20 | | Code. A pupil must not be denied transfer because of the |
| 21 | | suspension, except in cases in which such transfer is deemed to |
| 22 | | cause a threat to the safety of students or staff in the |
| 23 | | alternative program.
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| 24 | | (c) The Department of Human Services
shall be invited to |
| 25 | | send a representative to consult with the board at
such meeting |
| 26 | | whenever there is evidence that mental illness may be the
cause |
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| 1 | | for expulsion or suspension.
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| 2 | | (d) The board may expel a student for a definite period of |
| 3 | | time not to
exceed 2 calendar years, as determined on a case by |
| 4 | | case basis.
A student who
is determined to have brought one of |
| 5 | | the following objects to school, any school-sponsored activity
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| 6 | | or event, or any activity or event that bears a reasonable |
| 7 | | relationship to school shall be expelled for a period of not |
| 8 | | less than
one year: |
| 9 | | (1) A firearm. For the purposes of this Section, |
| 10 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
| 11 | | by Section 921 of Title 18 of the United States Code, |
| 12 | | firearm as defined in Section 1.1 of the Firearm Owners |
| 13 | | Identification Card and Certificate of Handgun |
| 14 | | Registration Act, or firearm as defined in Section 24-1 of |
| 15 | | the Criminal Code of 2012. The expulsion period under this |
| 16 | | subdivision (1) may be modified by the superintendent, and |
| 17 | | the superintendent's determination may be modified by the |
| 18 | | board on a case-by-case basis. |
| 19 | | (2) A knife, brass knuckles or other knuckle weapon |
| 20 | | regardless of its composition, a billy club, or any other |
| 21 | | object if used or attempted to be used to cause bodily |
| 22 | | harm, including "look alikes" of any firearm as defined in |
| 23 | | subdivision (1) of this subsection (d). The expulsion |
| 24 | | requirement under this subdivision (2) may be modified by |
| 25 | | the superintendent, and the superintendent's determination |
| 26 | | may be modified by the board on a case-by-case basis. |
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| 1 | | Expulsion
or suspension
shall be construed in a
manner |
| 2 | | consistent with the Federal Individuals with Disabilities |
| 3 | | Education
Act. A student who is subject to suspension or |
| 4 | | expulsion as provided in this
Section may be eligible for a |
| 5 | | transfer to an alternative school program in
accordance with |
| 6 | | Article 13A of the School Code. The provisions of this
|
| 7 | | subsection (d) apply in all school districts,
including special |
| 8 | | charter districts and districts organized under Article 34.
|
| 9 | | (d-5) The board may suspend or by regulation
authorize the |
| 10 | | superintendent of the district or the principal, assistant
|
| 11 | | principal, or dean of students of any
school to suspend a |
| 12 | | student for a period not to exceed
10 school days or may expel |
| 13 | | a student for a definite period of time not to
exceed 2 |
| 14 | | calendar years, as determined on a case by case basis, if (i) |
| 15 | | that student has been determined to have made an explicit |
| 16 | | threat on an Internet website against a school employee, a |
| 17 | | student, or any school-related personnel, (ii) the Internet |
| 18 | | website through which the threat was made is a site that was |
| 19 | | accessible within the school at the time the threat was made or |
| 20 | | was available to third parties who worked or studied within the |
| 21 | | school grounds at the time the threat was made, and (iii) the |
| 22 | | threat could be reasonably interpreted as threatening to the |
| 23 | | safety and security of the threatened individual because of his |
| 24 | | or her duties or employment status or status as a student |
| 25 | | inside the school. The provisions of this
subsection (d-5) |
| 26 | | apply in all school districts,
including special charter |
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| 1 | | districts and districts organized under Article 34 of this |
| 2 | | Code.
|
| 3 | | (e) To maintain order and security in the schools, school |
| 4 | | authorities may
inspect and search places and areas such as |
| 5 | | lockers, desks, parking lots, and
other school property and |
| 6 | | equipment owned or controlled by the school, as well
as |
| 7 | | personal effects left in those places and areas by students, |
| 8 | | without notice
to or the consent of the student, and without a |
| 9 | | search warrant. As a matter of
public policy, the General |
| 10 | | Assembly finds that students have no reasonable
expectation of |
| 11 | | privacy in these places and areas or in their personal effects
|
| 12 | | left in these places and areas. School authorities may request |
| 13 | | the assistance
of law enforcement officials for the purpose of |
| 14 | | conducting inspections and
searches of lockers, desks, parking |
| 15 | | lots, and other school property and
equipment owned or |
| 16 | | controlled by the school for illegal drugs, weapons, or
other
|
| 17 | | illegal or dangerous substances or materials, including |
| 18 | | searches conducted
through the use of specially trained dogs. |
| 19 | | If a search conducted in accordance
with this Section produces |
| 20 | | evidence that the student has violated or is
violating either |
| 21 | | the law, local ordinance, or the school's policies or rules,
|
| 22 | | such evidence may be seized by school authorities, and |
| 23 | | disciplinary action may
be taken. School authorities may also |
| 24 | | turn over such evidence to law
enforcement authorities. The |
| 25 | | provisions of this subsection (e) apply in all
school |
| 26 | | districts, including special charter districts and districts |
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| 1 | | organized
under Article 34.
|
| 2 | | (f) Suspension or expulsion may include suspension or |
| 3 | | expulsion from
school and all school activities and a |
| 4 | | prohibition from being present on school
grounds.
|
| 5 | | (g) A school district may adopt a policy providing that if |
| 6 | | a student
is suspended or expelled for any reason from any |
| 7 | | public or private school
in this or any other state, the |
| 8 | | student must complete the entire term of
the suspension or |
| 9 | | expulsion in an alternative school program under Article 13A of |
| 10 | | this Code or an alternative learning opportunities program |
| 11 | | under Article 13B of this Code before being admitted into the |
| 12 | | school
district if there is no threat to the safety of students |
| 13 | | or staff in the alternative program. This subsection (g) |
| 14 | | applies to
all school districts, including special charter |
| 15 | | districts and districts
organized under Article 34 of this |
| 16 | | Code.
|
| 17 | | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; |
| 18 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; |
| 19 | | 97-1150, eff. 1-25-13.)
|
| 20 | | (105 ILCS 5/10-27.1A)
|
| 21 | | Sec. 10-27.1A. Firearms in schools.
|
| 22 | | (a) All school officials, including teachers, guidance |
| 23 | | counselors, and
support staff, shall immediately notify the |
| 24 | | office of the principal in the
event that they observe any |
| 25 | | person in possession of a firearm on school
grounds; provided |
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| 1 | | that taking such immediate action to notify the office of the
|
| 2 | | principal would not immediately endanger the health, safety, or |
| 3 | | welfare of
students who are under the direct supervision of the |
| 4 | | school official or the
school official. If the health, safety, |
| 5 | | or welfare of students under the
direct supervision of the |
| 6 | | school official or of the school official is
immediately |
| 7 | | endangered, the school official shall notify the office of the
|
| 8 | | principal as soon as the students under his or her supervision |
| 9 | | and he or she
are no longer under immediate danger. A report is |
| 10 | | not required by this Section
when the school official knows |
| 11 | | that the person in possession of the firearm is
a law |
| 12 | | enforcement official engaged in the conduct of his or her |
| 13 | | official
duties. Any school official acting in good faith who |
| 14 | | makes such a report under
this Section shall have immunity from |
| 15 | | any civil or criminal liability that
might otherwise be |
| 16 | | incurred as a result of making the report. The identity of
the |
| 17 | | school official making such report shall not be disclosed |
| 18 | | except as
expressly and specifically authorized by law. |
| 19 | | Knowingly and willfully failing
to comply with this Section is |
| 20 | | a petty offense. A second or subsequent offense
is a Class C |
| 21 | | misdemeanor.
|
| 22 | | (b) Upon receiving a report from any school official |
| 23 | | pursuant to this
Section, or from any other person, the |
| 24 | | principal or his or her designee shall
immediately notify a |
| 25 | | local law enforcement agency. If the person found to be
in |
| 26 | | possession of a firearm on school grounds is a student, the |
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| 1 | | principal or
his or her designee shall also immediately notify |
| 2 | | that student's parent or
guardian. Any principal or his or her |
| 3 | | designee acting in good faith who makes
such reports under this |
| 4 | | Section shall have immunity from any civil or criminal
|
| 5 | | liability that might otherwise be incurred or imposed as a |
| 6 | | result of making
the reports. Knowingly and willfully failing |
| 7 | | to comply with this Section is a
petty offense. A second or |
| 8 | | subsequent offense is a Class C misdemeanor. If
the person |
| 9 | | found to be in possession of the firearm on school grounds is a
|
| 10 | | minor, the law enforcement agency shall detain that minor until |
| 11 | | such time as
the agency makes a determination pursuant to |
| 12 | | clause (a) of subsection (1) of
Section 5-401 of the Juvenile |
| 13 | | Court Act of 1987, as to whether the agency
reasonably believes |
| 14 | | that the minor is delinquent. If the law enforcement
agency |
| 15 | | determines that probable cause exists to believe that the minor
|
| 16 | | committed a violation of item (4) of subsection (a) of Section |
| 17 | | 24-1 of the
Criminal Code of 2012 while on school grounds, the |
| 18 | | agency shall detain the
minor for processing pursuant to |
| 19 | | Section 5-407 of the Juvenile Court Act of
1987.
|
| 20 | | (c) On or after January 1, 1997, upon receipt of any |
| 21 | | written,
electronic, or verbal report from any school personnel |
| 22 | | regarding a verified
incident involving a firearm in a school |
| 23 | | or on school owned or leased property,
including any conveyance |
| 24 | | owned,
leased, or used by the school for the transport of |
| 25 | | students or school
personnel, the superintendent or his or her |
| 26 | | designee shall report all such
firearm-related incidents |
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| 1 | | occurring in a school or on school property to the
local law |
| 2 | | enforcement authorities immediately and to the Department of |
| 3 | | State
Police in a form, manner, and frequency as prescribed by |
| 4 | | the Department of
State Police.
|
| 5 | | The State Board of Education shall receive an annual |
| 6 | | statistical compilation
and related data associated with |
| 7 | | incidents involving firearms in schools from
the Department of |
| 8 | | State Police. The State Board of Education shall compile
this |
| 9 | | information by school district and make it available to the |
| 10 | | public.
|
| 11 | | (d) As used in this Section, the term "firearm" shall have |
| 12 | | the meaning
ascribed to it in Section 1.1 of the Firearm Owners |
| 13 | | Identification Card and Certificate of Handgun Registration |
| 14 | | Act.
|
| 15 | | As used in this Section, the term "school" means any public |
| 16 | | or private
elementary or secondary school.
|
| 17 | | As used in this Section, the term "school grounds" includes |
| 18 | | the real property
comprising any school, any conveyance owned, |
| 19 | | leased, or contracted by a school
to transport students to or |
| 20 | | from school or a school-related activity, or any
public way |
| 21 | | within 1,000 feet of the real property comprising any school.
|
| 22 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
| 23 | | (105 ILCS 5/34-8.05)
|
| 24 | | Sec. 34-8.05. Reporting firearms in schools. On or after |
| 25 | | January 1,
1997,
upon receipt of any written,
electronic, or |
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| 1 | | verbal report from any school personnel regarding a verified
|
| 2 | | incident involving a firearm in a school or on school owned or |
| 3 | | leased property,
including any conveyance owned,
leased, or |
| 4 | | used by the school for the transport of students or school
|
| 5 | | personnel, the general superintendent or his or her designee |
| 6 | | shall report all
such
firearm-related incidents occurring in a |
| 7 | | school or on school property to the
local law enforcement |
| 8 | | authorities no later than 24 hours after the occurrence
of the |
| 9 | | incident and to the Department of State Police in a form, |
| 10 | | manner, and
frequency as prescribed by the Department of State |
| 11 | | Police.
|
| 12 | | The State Board of Education shall receive an annual |
| 13 | | statistical compilation
and related data associated with |
| 14 | | incidents involving firearms in schools from
the Department of |
| 15 | | State Police. As used in this Section, the term "firearm"
shall |
| 16 | | have the meaning ascribed to it in Section 1.1 of the Firearm |
| 17 | | Owners
Identification Card and Certificate of Handgun |
| 18 | | Registration Act.
|
| 19 | | (Source: P.A. 89-498, eff. 6-27-96.)
|
| 20 | | Section 21. The Illinois Explosives Act is amended by |
| 21 | | changing Section 2005 as follows:
|
| 22 | | (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
|
| 23 | | Sec. 2005. Qualifications for licensure. |
| 24 | | (a) No person shall qualify to hold a license who: |
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| 1 | | (1) is under 21 years of age; |
| 2 | | (2) has been convicted in any court of a crime |
| 3 | | punishable by imprisonment for a term exceeding one year; |
| 4 | | (3) is under indictment for a crime punishable by |
| 5 | | imprisonment for a term exceeding one year; |
| 6 | | (4) is a fugitive from justice; |
| 7 | | (5) is an unlawful user of or addicted to any |
| 8 | | controlled substance as defined in Section 102 of the |
| 9 | | federal Controlled Substances Act (21 U.S.C. Sec. 802 et |
| 10 | | seq.); |
| 11 | | (6) has been adjudicated a mentally disabled person as |
| 12 | | defined in Section 1.1 of the Firearm Owners Identification |
| 13 | | Card and Certificate of Handgun Registration Act; or |
| 14 | | (7) is not a legal citizen of the United States. |
| 15 | | (b) A person who has been granted a "relief from |
| 16 | | disabilities" regarding criminal convictions and indictments, |
| 17 | | pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. |
| 18 | | 845) may receive a license provided all other qualifications |
| 19 | | under this Act are met.
|
| 20 | | (Source: P.A. 98-63, eff. 7-9-13.)
|
| 21 | | Section 22. The Private Detective, Private Alarm, Private |
| 22 | | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is |
| 23 | | amended by changing Section 35-35 as follows:
|
| 24 | | (225 ILCS 447/35-35)
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| 1 | | (Section scheduled to be repealed on January 1, 2024)
|
| 2 | | Sec. 35-35. Requirement of a firearm control
card.
|
| 3 | | (a) No person shall perform duties that include the use,
|
| 4 | | carrying, or possession of a firearm in the performance of
|
| 5 | | those duties without complying with the provisions of this
|
| 6 | | Section and having been issued a valid firearm control
card by |
| 7 | | the Department.
|
| 8 | | (b) No employer shall employ any person to perform the
|
| 9 | | duties for which licensure or employee registration is required |
| 10 | | and allow
that person to carry a firearm unless that person has |
| 11 | | complied
with all the firearm training requirements of this |
| 12 | | Section and
has been issued a firearm control card. This Act
|
| 13 | | permits only the following to carry firearms while actually
|
| 14 | | engaged in the performance of their duties or while commuting
|
| 15 | | directly to or from their places of employment: persons
|
| 16 | | licensed as private detectives and their registered employees;
|
| 17 | | persons licensed as private security contractors and their
|
| 18 | | registered employees; persons licensed as private alarm
|
| 19 | | contractors and their registered employees; and employees of a
|
| 20 | | registered armed proprietary security force.
|
| 21 | | (c) Possession of a valid firearm control
card
allows a |
| 22 | | licensee or employee to carry a firearm not otherwise |
| 23 | | prohibited
by law while the licensee or employee is engaged in |
| 24 | | the performance of his
or her duties or while the licensee or |
| 25 | | employee is commuting directly to
or from the licensee's or |
| 26 | | employee's place or places of employment.
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| 1 | | (d) The Department shall issue a firearm control
card to a |
| 2 | | person who has passed an approved firearm training
course, who |
| 3 | | is currently licensed or employed by an agency licensed by
this |
| 4 | | Act and has met all the requirements of this Act, and who
|
| 5 | | possesses a valid firearm owner identification card.
|
| 6 | | Application for the firearm control card shall be made
by the |
| 7 | | employer to the Department on forms provided by the
Department. |
| 8 | | The Department shall forward the card to the
employer who shall |
| 9 | | be responsible for its issuance to the licensee or
employee. |
| 10 | | The firearm control card shall be issued by
the Department and |
| 11 | | shall identify the person holding it and
the name of the course |
| 12 | | where the licensee or employee received firearm
instruction and |
| 13 | | shall specify the type of weapon or weapons
the person is |
| 14 | | authorized by the Department to carry and for
which the person |
| 15 | | has been trained.
|
| 16 | | (e) Expiration and requirements for renewal of firearm |
| 17 | | control cards shall be determined by rule.
|
| 18 | | (f) The Department may, in addition to any other
|
| 19 | | disciplinary action permitted by this Act, refuse to issue,
|
| 20 | | suspend, or revoke a firearm control card if the
applicant or |
| 21 | | holder has been convicted of any felony or crime
involving the |
| 22 | | illegal use, carrying, or possession of a deadly
weapon or for |
| 23 | | a violation of this Act or rules promulgated
under this Act. |
| 24 | | The Department shall refuse to issue or shall
revoke a firearm |
| 25 | | control card if the applicant or holder
fails to possess a |
| 26 | | valid firearm owners identification card, and a certificate of |
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| 1 | | handgun registration if the employee's duties require the |
| 2 | | possession of a handgun, without hearing.
The Secretary shall |
| 3 | | summarily suspend a firearm control
card if the Secretary finds |
| 4 | | that its continued use would
constitute an imminent danger to |
| 5 | | the public. A hearing shall
be held before the Board within 30 |
| 6 | | days if the Secretary
summarily suspends a firearm control |
| 7 | | card.
|
| 8 | | (g) Notwithstanding any other provision of this Act to the
|
| 9 | | contrary, all requirements relating to firearms control
cards |
| 10 | | do not apply to a peace officer.
|
| 11 | | (h) The Department may issue a temporary firearm control |
| 12 | | card pending issuance of a new firearm control card upon an |
| 13 | | agency's acquiring of an established armed account. An agency |
| 14 | | that has acquired armed employees as a result of acquiring an |
| 15 | | established armed account may, on forms supplied by the |
| 16 | | Department, request the issuance of a temporary firearm control |
| 17 | | card for each acquired employee who held a valid firearm |
| 18 | | control card under his or her employment with the newly |
| 19 | | acquired established armed account immediately preceding the |
| 20 | | acquiring of the account and who continues to meet all of the |
| 21 | | qualifications for issuance of a firearm control card set forth |
| 22 | | in this Act and any rules adopted under this Act. The |
| 23 | | Department shall, by rule, set the fee for issuance of a |
| 24 | | temporary firearm control card.
|
| 25 | | (i) The Department shall not issue a firearm control card |
| 26 | | to a licensed fingerprint vendor or a licensed locksmith or |
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| 1 | | employees of a licensed fingerprint vendor agency or a licensed |
| 2 | | locksmith agency.
|
| 3 | | (Source: P.A. 98-253, eff. 8-9-13.)
|
| 4 | | Section 23. The Mental Health and Developmental |
| 5 | | Disabilities Code is amended by changing Sections 6-103.1, |
| 6 | | 6-103.2, and 6-103.3 as follows:
|
| 7 | | (405 ILCS 5/6-103.1) |
| 8 | | Sec. 6-103.1. Adjudication as a mentally disabled person. |
| 9 | | When a person has been adjudicated as a mentally disabled |
| 10 | | person as defined in Section 1.1 of the Firearm Owners |
| 11 | | Identification Card and Certificate of Handgun Registration |
| 12 | | Act, including, but not limited to, an adjudication as a |
| 13 | | disabled person as defined in Section 11a-2 of the Probate Act |
| 14 | | of 1975, the court shall direct
the circuit court clerk to |
| 15 | | notify the
Department of State Police, Firearm Owner's |
| 16 | | Identification
(FOID) Office, in a form and manner prescribed |
| 17 | | by the Department of State Police, and shall forward a copy of |
| 18 | | the court order to the Department no later than 7 days after |
| 19 | | the entry of the order. Upon receipt of the order, the |
| 20 | | Department of State Police shall provide notification to the |
| 21 | | National Instant Criminal Background Check System.
|
| 22 | | (Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
|
| 23 | | (405 ILCS 5/6-103.2) |
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| 1 | | Sec. 6-103.2. Developmental disability; notice. For |
| 2 | | purposes of this Section, if a person is determined to be |
| 3 | | developmentally disabled as defined in Section 1.1 of the |
| 4 | | Firearm Owners Identification Card and Certificate of Handgun |
| 5 | | Registration Act by a physician, clinical psychologist, or |
| 6 | | qualified examiner, whether practicing at a public or by a |
| 7 | | private mental health facility or developmental disability |
| 8 | | facility, the physician, clinical psychologist, or qualified |
| 9 | | examiner shall notify the Department of Human Services within |
| 10 | | 24 hours of making the determination that the person has a |
| 11 | | developmental disability. The Department of Human Services |
| 12 | | shall immediately update its records and information relating |
| 13 | | to mental health and developmental disabilities, and if |
| 14 | | appropriate, shall notify the Department of State Police in a |
| 15 | | form and manner prescribed by the Department of State Police. |
| 16 | | Information disclosed under this Section shall remain |
| 17 | | privileged and confidential, and shall not be redisclosed, |
| 18 | | except as required under subsection (e) of Section 3.1 of the |
| 19 | | Firearm Owners Identification Card and Certificate of Handgun |
| 20 | | Registration Act, nor used for any other purpose. The method of |
| 21 | | providing this information shall guarantee that the |
| 22 | | information is not released beyond that which is necessary for |
| 23 | | the purpose of this Section and shall be provided by rule by |
| 24 | | the Department of Human Services. The identity of the person |
| 25 | | reporting under this Section shall not be disclosed to the |
| 26 | | subject of the report. |
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| 1 | | The physician, clinical psychologist, or qualified |
| 2 | | examiner making the determination and his or her employer may |
| 3 | | not be held criminally, civilly, or professionally liable for |
| 4 | | making or not making the notification required under this |
| 5 | | Section, except for willful or wanton misconduct.
|
| 6 | | (Source: P.A. 98-63, eff. 7-9-13.)
|
| 7 | | (405 ILCS 5/6-103.3) |
| 8 | | Sec. 6-103.3. Clear and present danger; notice. If a person |
| 9 | | is determined to pose a clear and present danger to himself, |
| 10 | | herself, or to others by a physician, clinical psychologist, or |
| 11 | | qualified examiner, whether employed by the State, by any |
| 12 | | public or private mental health facility or part thereof, or by |
| 13 | | a law enforcement official or a school administrator, then the |
| 14 | | physician, clinical psychologist, qualified examiner shall |
| 15 | | notify the Department of Human Services and a law enforcement |
| 16 | | official or school administrator shall notify the Department of |
| 17 | | State Police, within 24 hours of making the determination that |
| 18 | | the person poses a clear and present danger. The Department of |
| 19 | | Human Services shall immediately update its records and |
| 20 | | information relating to mental health and developmental |
| 21 | | disabilities, and if appropriate, shall notify the Department |
| 22 | | of State Police in a form and manner prescribed by the |
| 23 | | Department of State Police. Information disclosed under this |
| 24 | | Section shall remain privileged and confidential, and shall not |
| 25 | | be redisclosed, except as required under subsection (e) of |
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| 1 | | Section 3.1 of the Firearm Owners Identification Card and |
| 2 | | Certificate of Handgun Registration Act, nor used for any other |
| 3 | | purpose. The method of providing this information shall |
| 4 | | guarantee that the information is not released beyond that |
| 5 | | which is necessary for the purpose of this Section and shall be |
| 6 | | provided by rule by the Department of Human Services. The |
| 7 | | identity of the person reporting under this Section shall not |
| 8 | | be disclosed to the subject of the report. The physician, |
| 9 | | clinical psychologist, qualified examiner, law enforcement |
| 10 | | official, or school administrator making the determination and |
| 11 | | his or her employer shall not be held criminally, civilly, or |
| 12 | | professionally liable for making or not making the notification |
| 13 | | required under this Section, except for willful or wanton |
| 14 | | misconduct. This Section does not apply to a law enforcement |
| 15 | | official, if making the notification under this Section will |
| 16 | | interfere with an ongoing or pending criminal investigation. |
| 17 | | For the purposes of this Section: |
| 18 | | "Clear and present danger" has the meaning ascribed to |
| 19 | | it in Section 1.1 of the Firearm Owners Identification Card |
| 20 | | and Certificate of Handgun Registration Act. |
| 21 | | "School administrator" means the person required to |
| 22 | | report under the School Administrator Reporting of Mental |
| 23 | | Health Clear and Present Danger Determinations Law.
|
| 24 | | (Source: P.A. 98-63, eff. 7-9-13.)
|
| 25 | | Section 25. The Lead Poisoning Prevention Act is amended by |
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| 1 | | changing Section 2 as follows:
|
| 2 | | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
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| 3 | | Sec. 2. Definitions. As used in this Act:
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| 4 | | "Child care facility" means any structure used by a child |
| 5 | | care
provider licensed by the Department of Children and Family |
| 6 | | Services or
public or private school structure frequented by |
| 7 | | children 6 years of
age or younger.
|
| 8 | | "Childhood Lead Risk Questionnaire" means the |
| 9 | | questionnaire developed by the Department for use by physicians |
| 10 | | and other health care providers to determine risk factors for |
| 11 | | children 6 years of age or younger residing in areas designated |
| 12 | | as low risk for lead exposure. |
| 13 | | "Delegate agency" means a unit of local government or |
| 14 | | health
department approved by the Department to carry out the |
| 15 | | provisions of this Act.
|
| 16 | | "Department" means the Department of Public Health.
|
| 17 | | "Director" means the Director of Public Health.
|
| 18 | | "Dwelling unit" means an individual unit within a |
| 19 | | residential building used as living quarters for one household. |
| 20 | | "Elevated blood lead level" means a blood lead level in |
| 21 | | excess of those considered within the permissible limits as |
| 22 | | established under State and federal rules. |
| 23 | | "Exposed surface" means any interior or exterior surface of
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| 24 | | a regulated facility. |
| 25 | | "High risk area" means an area in the State determined by |
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| 1 | | the Department to
be high risk for lead exposure for children 6 |
| 2 | | years of age or younger. The
Department may consider, but is |
| 3 | | not limited to, the following factors to
determine a high risk |
| 4 | | area: age and condition (using Department of Housing and
Urban
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| 5 | | Development definitions of "slum" and "blighted") of housing, |
| 6 | | proximity to
highway traffic or heavy local traffic or both, |
| 7 | | percentage of housing
determined as rental or vacant, proximity |
| 8 | | to industry using lead, established
incidence of elevated blood |
| 9 | | lead levels in children, percentage of population
living
below |
| 10 | | 200% of federal poverty guidelines, and number of children |
| 11 | | residing in
the area who are 6 years of age or younger.
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| 12 | | "Lead abatement" means any approved work practices that |
| 13 | | will permanently eliminate lead exposure or remove the |
| 14 | | lead-bearing substances in a regulated facility. The |
| 15 | | Department shall establish by rule which work practices are |
| 16 | | approved or prohibited for lead abatement. |
| 17 | | "Lead abatement contractor" means any person or entity |
| 18 | | licensed by the
Department to perform lead abatement and |
| 19 | | mitigation.
|
| 20 | | "Lead abatement supervisor" means any person employed by a |
| 21 | | lead abatement contractor and licensed by the Department to |
| 22 | | perform lead abatement and lead mitigation and to supervise |
| 23 | | lead workers who perform lead abatement and lead mitigation. |
| 24 | | "Lead abatement worker" means any person employed by a lead |
| 25 | | abatement
contractor and licensed by the Department to perform |
| 26 | | lead abatement and
mitigation.
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| 1 | | "Lead activities" means the conduct of any lead services, |
| 2 | | including, lead inspection, lead risk assessment, lead |
| 3 | | mitigation, or lead abatement work or supervision in a |
| 4 | | regulated facility. |
| 5 | | "Lead-bearing substance" means any item containing or |
| 6 | | coated with lead such that the lead content is more than |
| 7 | | six-hundredths of one percent (0.06%) lead by total weight; or |
| 8 | | any dust on surfaces or in
furniture or other nonpermanent |
| 9 | | elements of the regulated facility; or any paint or
other |
| 10 | | surface coating material containing more than five-tenths of |
| 11 | | one
percent (0.5%) lead by total weight (calculated as lead |
| 12 | | metal) in the total
non-volatile content of liquid paint; or |
| 13 | | lead-bearing substances containing
greater than one milligram |
| 14 | | per square centimeter or any lower standard for
lead content in |
| 15 | | residential paint as may be established by federal law or rule; |
| 16 | | or more than 1 milligram per square centimeter in the dried
|
| 17 | | film of paint or previously applied substance; or item or dust |
| 18 | | on item containing lead in
excess of the amount specified in |
| 19 | | the rules authorized by
this Act or a lower standard for lead |
| 20 | | content as may be established by
federal law or rule. |
| 21 | | "Lead-bearing substance" does not include firearm ammunition |
| 22 | | or components as defined by the Firearm Owners Identification |
| 23 | | Card and Certificate of Handgun Registration Act.
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| 24 | | "Lead hazard" means a lead-bearing substance that poses an
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| 25 | | immediate health hazard to humans.
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| 26 | | "Lead hazard screen" means a lead risk assessment that |
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| 1 | | involves limited dust and paint sampling for lead-bearing |
| 2 | | substances and lead hazards. This service is used as a |
| 3 | | screening tool designed to determine if further lead |
| 4 | | investigative services are required for the regulated |
| 5 | | facility. |
| 6 | | "Lead inspection" means a surface-by-surface investigation |
| 7 | | to determine the presence of lead-based paint. |
| 8 | | "Lead inspector" means an individual who has been trained |
| 9 | | by a Department-approved training program and is licensed by |
| 10 | | the Department to conduct lead inspections; to sample for the |
| 11 | | presence of lead in paint, dust, soil, and water; and to |
| 12 | | conduct compliance investigations. |
| 13 | | "Lead mitigation" means the remediation, in a
manner |
| 14 | | described in Section 9, of a lead hazard so that the
|
| 15 | | lead-bearing substance does not pose an immediate
health hazard |
| 16 | | to humans. |
| 17 | | "Lead poisoning" means the condition of having blood lead |
| 18 | | levels in
excess of those considered safe under State and |
| 19 | | federal rules.
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| 20 | | "Lead risk assessment" means an on-site investigation to |
| 21 | | determine the existence, nature, severity, and location of lead |
| 22 | | hazards. "Lead risk assessment" includes any lead sampling and |
| 23 | | visual assessment associated with conducting a lead risk |
| 24 | | assessment and lead hazard screen and all lead sampling |
| 25 | | associated with compliance investigations. |
| 26 | | "Lead risk assessor" means an individual who has been |
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| 1 | | trained by a Department-approved training program and is |
| 2 | | licensed by the Department to conduct lead risk assessments, |
| 3 | | lead inspections, and lead hazard screens; to sample for the |
| 4 | | presence of lead in paint, dust, soil, water, and sources for |
| 5 | | lead-bearing substances; and to conduct compliance |
| 6 | | investigations. |
| 7 | | "Lead training program provider" means any person |
| 8 | | providing Department-approved lead training in Illinois to |
| 9 | | individuals seeking licensure in accordance with the Act. |
| 10 | | "Low risk area" means an area in the State determined by
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| 11 | | the Department to be low risk for lead exposure for children 6 |
| 12 | | years of age or younger. The Department may consider the |
| 13 | | factors named in "high risk area" to determine low
risk areas. |
| 14 | | "Owner" means any person, who alone, jointly, or severally |
| 15 | | with
others:
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| 16 | | (a) Has legal title to any regulated facility, with or
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| 17 | | without actual possession of the regulated facility, or
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| 18 | | (b) Has charge, care, or control of the regulated |
| 19 | | facility as owner or agent of the owner, or as executor, |
| 20 | | administrator,
trustee, or guardian of the estate of the |
| 21 | | owner.
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| 22 | | "Person" means any individual, partnership, firm, company, |
| 23 | | limited liability company, corporation, association, joint |
| 24 | | stock company, trust, estate, political subdivision, State |
| 25 | | agency, or any other legal entity, or their legal |
| 26 | | representative, agent, or assign.
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| 1 | | "Regulated facility" means a residential building or child |
| 2 | | care facility. |
| 3 | | "Residential building" means any room, group of rooms, or |
| 4 | | other
interior areas of a structure designed or used for human |
| 5 | | habitation; common
areas accessible by inhabitants; and the |
| 6 | | surrounding property or structures.
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| 7 | | (Source: P.A. 98-690, eff. 1-1-15.)
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| 8 | | Section 30. The Firearm Owners Identification Card Act is |
| 9 | | amended by changing Sections 0.01, 1, 1.1, 3, 3.1, 4, 6.1, and |
| 10 | | 14 and by adding Section 3.4 as follows:
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| 11 | | (430 ILCS 65/0.01) (from Ch. 38, par. 83-0.1)
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| 12 | | Sec. 0.01. Short title. This Act may be cited as the
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| 13 | | Firearm Owners Identification Card and Certificate of Handgun |
| 14 | | Registration Act.
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| 15 | | (Source: P.A. 86-1324.)
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| 16 | | (430 ILCS 65/1) (from Ch. 38, par. 83-1)
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| 17 | | Sec. 1. It is hereby declared as a matter of legislative |
| 18 | | determination that
in order to promote and protect the health, |
| 19 | | safety and welfare of the
public, it is necessary and in the |
| 20 | | public interest to provide a system of
identifying persons who |
| 21 | | are not qualified to acquire or possess firearms, firearm |
| 22 | | ammunition, stun guns, and tasers within the State of Illinois |
| 23 | | by the establishment of
a system of Firearm Owner's |
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| 1 | | Identification Cards and handgun registration, thereby |
| 2 | | establishing a
practical and workable system by which law |
| 3 | | enforcement authorities will be
afforded an opportunity to |
| 4 | | identify those persons who are prohibited by
Section 24-3.1 of |
| 5 | | the Criminal Code of 2012, from
acquiring or possessing |
| 6 | | firearms and firearm ammunition and who are prohibited by this |
| 7 | | Act from acquiring stun guns and tasers, and to identify the |
| 8 | | ownership of handguns that have been recovered or seized as |
| 9 | | evidence.
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| 10 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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| 11 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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| 12 | | Sec. 1.1. For purposes of this Act:
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| 13 | | "Addicted to narcotics" means a person who has been: |
| 14 | | (1) convicted of an offense involving the use or |
| 15 | | possession of cannabis, a controlled substance, or |
| 16 | | methamphetamine within the past year; or |
| 17 | | (2) determined by the Department of State Police to be |
| 18 | | addicted to narcotics based upon federal law or federal |
| 19 | | guidelines. |
| 20 | | "Addicted to narcotics" does not include possession or use |
| 21 | | of a prescribed controlled substance under the direction and |
| 22 | | authority of a physician or other person authorized to |
| 23 | | prescribe the controlled substance when the controlled |
| 24 | | substance is used in the prescribed manner. |
| 25 | | "Adjudicated as a mentally disabled person" means the |
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| 1 | | person is the subject of a determination by a court, board, |
| 2 | | commission or other lawful authority that the person, as a |
| 3 | | result of marked subnormal intelligence, or mental illness, |
| 4 | | mental impairment, incompetency, condition, or disease: |
| 5 | | (1) presents a clear and present danger to himself, |
| 6 | | herself, or to others; |
| 7 | | (2) lacks the mental capacity to manage his or her own |
| 8 | | affairs or is adjudicated a disabled person as defined in |
| 9 | | Section 11a-2 of the Probate Act of 1975; |
| 10 | | (3) is not guilty in a criminal case by reason of |
| 11 | | insanity, mental disease or defect; |
| 12 | | (3.5) is guilty but mentally ill, as provided in |
| 13 | | Section 5-2-6 of the Unified Code of Corrections; |
| 14 | | (4) is incompetent to stand trial in a criminal case; |
| 15 | | (5) is not guilty by reason of lack of mental |
| 16 | | responsibility under Articles 50a and 72b of the Uniform |
| 17 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
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| 18 | | (6) is a sexually violent person under subsection (f) |
| 19 | | of Section 5 of the Sexually Violent Persons Commitment |
| 20 | | Act; |
| 21 | | (7) is a sexually dangerous person under the Sexually |
| 22 | | Dangerous Persons Act; |
| 23 | | (8) is unfit to stand trial under the Juvenile Court |
| 24 | | Act of 1987; |
| 25 | | (9) is not guilty by reason of insanity under the |
| 26 | | Juvenile Court Act of 1987; |
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| 1 | | (10) is subject to involuntary admission as an |
| 2 | | inpatient as defined in Section 1-119 of the Mental Health |
| 3 | | and Developmental Disabilities Code; |
| 4 | | (11) is subject to involuntary admission as an |
| 5 | | outpatient as defined in Section 1-119.1 of the Mental |
| 6 | | Health and Developmental Disabilities Code; |
| 7 | | (12) is subject to judicial admission as set forth in |
| 8 | | Section 4-500 of the Mental Health and Developmental |
| 9 | | Disabilities Code; or |
| 10 | | (13) is subject to the provisions of the Interstate |
| 11 | | Agreements on Sexually Dangerous Persons Act. |
| 12 | | "Clear and present danger" means a person who: |
| 13 | | (1) communicates a serious threat of physical violence |
| 14 | | against a reasonably identifiable victim or poses a clear |
| 15 | | and imminent risk of serious physical injury to himself, |
| 16 | | herself, or another person as determined by a physician, |
| 17 | | clinical psychologist, or qualified examiner; or |
| 18 | | (2) demonstrates threatening physical or verbal |
| 19 | | behavior, such as violent, suicidal, or assaultive |
| 20 | | threats, actions, or other behavior, as determined by a |
| 21 | | physician, clinical psychologist, qualified examiner, |
| 22 | | school administrator, or law enforcement official. |
| 23 | | "Certificate of handgun registration" means a certificate |
| 24 | | issued by the Illinois Department of State Police pursuant to |
| 25 | | Section 3.4 of this Act. |
| 26 | | "Clinical psychologist" has the meaning provided in |
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| 1 | | Section 1-103 of the Mental Health and Developmental |
| 2 | | Disabilities Code. |
| 3 | | "Controlled substance" means a controlled substance or |
| 4 | | controlled substance analog as defined in the Illinois |
| 5 | | Controlled Substances Act. |
| 6 | | "Counterfeit" means to copy or imitate, without legal |
| 7 | | authority, with
intent
to deceive. |
| 8 | | "Developmentally disabled" means a disability which is |
| 9 | | attributable to any other condition which results in impairment |
| 10 | | similar to that caused by an intellectual disability and which |
| 11 | | requires services similar to those required by intellectually |
| 12 | | disabled persons. The disability must originate before the age |
| 13 | | of 18
years, be expected to continue indefinitely, and |
| 14 | | constitute a substantial handicap. |
| 15 | | "Federally licensed firearm dealer" means a person who is |
| 16 | | licensed as a federal firearms dealer under Section 923 of the |
| 17 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
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| 18 | | "Firearm" means any device, by
whatever name known, which |
| 19 | | is designed to expel a projectile or projectiles
by the action |
| 20 | | of an explosion, expansion of gas or escape of gas; excluding,
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| 21 | | however:
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| 22 | | (1) any pneumatic gun, spring gun, paint ball gun, or |
| 23 | | B-B gun which
expels a single globular projectile not |
| 24 | | exceeding .18 inch in
diameter or which has a maximum |
| 25 | | muzzle velocity of less than 700 feet
per second;
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| 26 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or |
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| 1 | | B-B gun which expels breakable paint balls containing |
| 2 | | washable marking colors;
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| 3 | | (2) any device used exclusively for signalling or |
| 4 | | safety and required or
recommended by the United States |
| 5 | | Coast Guard or the Interstate Commerce
Commission;
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| 6 | | (3) any device used exclusively for the firing of stud |
| 7 | | cartridges,
explosive rivets or similar industrial |
| 8 | | ammunition; and
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| 9 | | (4) an antique firearm (other than a machine-gun) |
| 10 | | which, although
designed as a weapon, the Department of |
| 11 | | State Police finds by reason of
the date of its |
| 12 | | manufacture, value, design, and other characteristics is
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| 13 | | primarily a collector's item and is not likely to be used |
| 14 | | as a weapon.
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| 15 | | "Firearm ammunition" means any self-contained cartridge or |
| 16 | | shotgun
shell, by whatever name known, which is designed to be |
| 17 | | used or adaptable to
use in a firearm; excluding, however:
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| 18 | | (1) any ammunition exclusively designed for use with a |
| 19 | | device used
exclusively for signalling or safety and |
| 20 | | required or recommended by the
United States Coast Guard or |
| 21 | | the Interstate Commerce Commission; and
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| 22 | | (2) any ammunition designed exclusively for use with a |
| 23 | | stud or rivet
driver or other similar industrial |
| 24 | | ammunition. |
| 25 | | "Gun show" means an event or function: |
| 26 | | (1) at which the sale and transfer of firearms is the |
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| 1 | | regular and normal course of business and where 50 or more |
| 2 | | firearms are displayed, offered, or exhibited for sale, |
| 3 | | transfer, or exchange; or |
| 4 | | (2) at which not less than 10 gun show vendors display, |
| 5 | | offer, or exhibit for sale, sell, transfer, or exchange |
| 6 | | firearms.
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| 7 | | "Gun show" includes the entire premises provided for an |
| 8 | | event or function, including parking areas for the event or |
| 9 | | function, that is sponsored to facilitate the purchase, sale, |
| 10 | | transfer, or exchange of firearms as described in this Section.
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| 11 | | "Gun show" does not include training or safety classes, |
| 12 | | competitive shooting events, such as rifle, shotgun, or handgun |
| 13 | | matches, trap, skeet, or sporting clays shoots, dinners, |
| 14 | | banquets, raffles, or
any other event where the sale or |
| 15 | | transfer of firearms is not the primary course of business. |
| 16 | | "Gun show promoter" means a person who organizes or |
| 17 | | operates a gun show. |
| 18 | | "Gun show vendor" means a person who exhibits, sells, |
| 19 | | offers for sale, transfers, or exchanges any firearms at a gun |
| 20 | | show, regardless of whether the person arranges with a gun show |
| 21 | | promoter for a fixed location from which to exhibit, sell, |
| 22 | | offer for sale, transfer, or exchange any firearm. |
| 23 | | "Handgun" means a firearm designed to be held and fired by |
| 24 | | the use of a single hand, and includes a combination of parts |
| 25 | | from which the firearm can be assembled. |
| 26 | | "Intellectually disabled" means significantly subaverage |
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| 1 | | general intellectual functioning which exists concurrently |
| 2 | | with impairment in adaptive behavior and which originates |
| 3 | | before the age of 18 years. |
| 4 | | "Involuntarily admitted" has the meaning as prescribed in |
| 5 | | Sections 1-119 and 1-119.1 of the Mental Health and |
| 6 | | Developmental Disabilities Code. |
| 7 | | "Mental health facility" means any licensed private |
| 8 | | hospital or hospital affiliate, institution, or facility, or |
| 9 | | part thereof, and any facility, or part thereof, operated by |
| 10 | | the State or a political subdivision thereof which provide |
| 11 | | treatment of persons with mental illness and includes all |
| 12 | | hospitals, institutions, clinics, evaluation facilities, |
| 13 | | mental health centers, colleges, universities, long-term care |
| 14 | | facilities, and nursing homes, or parts thereof, which provide |
| 15 | | treatment of persons with mental illness whether or not the |
| 16 | | primary purpose is to provide treatment of persons with mental |
| 17 | | illness. |
| 18 | | "Patient" means: |
| 19 | | (1) a person who voluntarily receives mental health |
| 20 | | treatment as an in-patient or resident of any public or |
| 21 | | private mental health facility, unless the treatment was |
| 22 | | solely for an alcohol abuse disorder and no other secondary |
| 23 | | substance abuse disorder or mental illness; or |
| 24 | | (2) a person who voluntarily receives mental health |
| 25 | | treatment as an out-patient or is provided services by a |
| 26 | | public or private mental health facility, and who poses a |
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| 1 | | clear and present danger to himself, herself, or to others. |
| 2 | | "Physician" has the meaning as defined in Section 1-120 of |
| 3 | | the Mental Health and Developmental Disabilities Code. |
| 4 | | "Qualified examiner" has the meaning provided in Section |
| 5 | | 1-122 of the Mental Health and Developmental Disabilities Code. |
| 6 | | "Sanctioned competitive shooting event" means a shooting |
| 7 | | contest officially recognized by a national or state shooting |
| 8 | | sport association, and includes any sight-in or practice |
| 9 | | conducted in conjunction with the event.
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| 10 | | "School administrator" means the person required to report |
| 11 | | under the School Administrator Reporting of Mental Health Clear |
| 12 | | and Present Danger Determinations Law. |
| 13 | | "Stun gun or taser" has the meaning ascribed to it in |
| 14 | | Section 24-1 of the Criminal Code of 2012. |
| 15 | | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; |
| 16 | | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
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| 17 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) |
| 18 | | Sec. 3. (a) Except as provided in Section 3a, no person may |
| 19 | | knowingly
transfer, or cause to be transferred, any firearm, |
| 20 | | firearm ammunition, stun gun, or taser to any person within |
| 21 | | this State unless the
transferee with whom he deals displays a |
| 22 | | currently valid Firearm Owner's
Identification Card which has |
| 23 | | previously been issued in his name by the
Department of State |
| 24 | | Police under the provisions of this Act. In addition,
all |
| 25 | | firearm, stun gun, and taser transfers by federally licensed |
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| 1 | | firearm dealers are subject
to Section 3.1. In addition, the |
| 2 | | transferor and transferee of a handgun shall be subject to |
| 3 | | Section 3.4 of this Act regardless of whether the transferor is |
| 4 | | a federally licensed firearm dealer. |
| 5 | | (a-5) Any person who is not a federally licensed firearm |
| 6 | | dealer and who desires to transfer or sell a firearm while that |
| 7 | | person is on the grounds of a gun show must, before selling or |
| 8 | | transferring the firearm, request the Department of State |
| 9 | | Police to conduct a background check on the prospective |
| 10 | | recipient of the firearm in accordance with Section 3.1.
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| 11 | | Whenever a person who is exempt from Section 3.4 of this Act |
| 12 | | transfers a handgun to a person who is not exempt, the |
| 13 | | transferor shall notify the Department of State Police of the |
| 14 | | transfer, on a form or in a manner prescribed by the |
| 15 | | Department, within 10 days after the transfer. |
| 16 | | (a-10) Any person who is not a federally licensed firearm |
| 17 | | dealer and who desires to transfer or sell a firearm or |
| 18 | | firearms to any person who is not a federally licensed firearm |
| 19 | | dealer shall, before selling or transferring the firearms, |
| 20 | | contact the Department of State Police with the transferee's or |
| 21 | | purchaser's Firearm Owner's Identification Card number to |
| 22 | | determine the validity of the transferee's or purchaser's |
| 23 | | Firearm Owner's Identification Card. This subsection shall not |
| 24 | | be effective until January 1, 2014. The Department of State |
| 25 | | Police may adopt rules concerning the implementation of this |
| 26 | | subsection. The Department of State Police shall provide the |
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| 1 | | seller or transferor an approval number if the purchaser's |
| 2 | | Firearm Owner's Identification Card is valid. Approvals issued |
| 3 | | by the Department for the purchase of a firearm pursuant to |
| 4 | | this subsection are valid for 30 days from the date of issue. |
| 5 | | (a-15) The provisions of subsection (a-10) of this Section |
| 6 | | do not apply to: |
| 7 | | (1) transfers that occur at the place of business of a |
| 8 | | federally licensed firearm dealer, if the federally |
| 9 | | licensed firearm dealer conducts a background check on the |
| 10 | | prospective recipient of the firearm in accordance with |
| 11 | | Section 3.1 of this Act and follows all other applicable |
| 12 | | federal, State, and local laws as if he or she were the |
| 13 | | seller or transferor of the firearm, although the dealer is |
| 14 | | not required to accept the firearm into his or her |
| 15 | | inventory. The purchaser or transferee may be required by |
| 16 | | the federally licensed firearm dealer to pay a fee not to |
| 17 | | exceed $10 per firearm, which the dealer may retain as |
| 18 | | compensation for performing the functions required under |
| 19 | | this paragraph, plus the applicable fees authorized by |
| 20 | | Section 3.1; |
| 21 | | (2) transfers as a bona fide gift to the transferor's |
| 22 | | husband, wife, son, daughter, stepson, stepdaughter, |
| 23 | | father, mother, stepfather, stepmother, brother, sister, |
| 24 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
| 25 | | grandson, granddaughter, father-in-law, mother-in-law, |
| 26 | | son-in-law, or daughter-in-law; |
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| 1 | | (3) transfers by persons acting pursuant to operation |
| 2 | | of law or a court order; |
| 3 | | (4) transfers on the grounds of a gun show under |
| 4 | | subsection (a-5) of this Section; |
| 5 | | (5) the delivery of a firearm by its owner to a |
| 6 | | gunsmith for service or repair, the return of the firearm |
| 7 | | to its owner by the gunsmith, or the delivery of a firearm |
| 8 | | by a gunsmith to a federally licensed firearms dealer for |
| 9 | | service or repair and the return of the firearm to the |
| 10 | | gunsmith; |
| 11 | | (6) temporary transfers that occur while in the home of |
| 12 | | the unlicensed transferee, if the unlicensed transferee is |
| 13 | | not otherwise prohibited from possessing firearms and the |
| 14 | | unlicensed transferee reasonably believes that possession |
| 15 | | of the firearm is necessary to prevent imminent death or |
| 16 | | great bodily harm to the unlicensed transferee; |
| 17 | | (7) transfers to a law enforcement or corrections |
| 18 | | agency or a law enforcement or corrections officer acting |
| 19 | | within the course and scope of his or her official duties; |
| 20 | | (8) transfers of firearms that have been rendered |
| 21 | | permanently inoperable to a nonprofit historical society, |
| 22 | | museum, or institutional collection; and |
| 23 | | (9) transfers to a person who is exempt from the |
| 24 | | requirement of possessing a Firearm Owner's Identification |
| 25 | | Card under Section 2 of this Act. |
| 26 | | (a-20) The Department of State Police shall develop an |
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| 1 | | Internet-based system for individuals to determine the |
| 2 | | validity of a Firearm Owner's Identification Card prior to the |
| 3 | | sale or transfer of a firearm. The Department shall have the |
| 4 | | Internet-based system completed and available for use by July |
| 5 | | 1, 2015. The Department shall adopt rules not inconsistent with |
| 6 | | this Section to implement this system. |
| 7 | | (b) Any person within this State who transfers or causes to |
| 8 | | be
transferred any firearm, stun gun, or taser shall keep a |
| 9 | | record of such transfer for a period
of 10 years from the date |
| 10 | | of transfer. Such record shall contain the date
of the |
| 11 | | transfer; the description, serial number or other information
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| 12 | | identifying the firearm, stun gun, or taser if no serial number |
| 13 | | is available; and, if the
transfer was completed within this |
| 14 | | State, the transferee's Firearm Owner's
Identification Card |
| 15 | | number and any approval number or documentation provided by the |
| 16 | | Department of State Police pursuant to subsection (a-10) of |
| 17 | | this Section. On or after January 1, 2006, the record shall |
| 18 | | contain the date of application for transfer of the firearm. On |
| 19 | | demand of a peace officer such transferor
shall produce for |
| 20 | | inspection such record of transfer. If the transfer or sale |
| 21 | | took place at a gun show, the record shall include the unique |
| 22 | | identification number. Failure to record the unique |
| 23 | | identification number or approval number is a petty offense.
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| 24 | | (b-5) Any resident may purchase ammunition from a person |
| 25 | | within or outside of Illinois if shipment is by United States |
| 26 | | mail or by a private express carrier authorized by federal law |
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| 1 | | to ship ammunition. Any resident purchasing ammunition within |
| 2 | | or outside the State of Illinois must provide the seller with a |
| 3 | | copy of his or her valid Firearm Owner's Identification Card |
| 4 | | and either his or her Illinois driver's license or Illinois |
| 5 | | State Identification Card prior to the shipment of the |
| 6 | | ammunition. The ammunition may be shipped only to an address on |
| 7 | | either of those 2 documents. |
| 8 | | (c) The provisions of this Section regarding the transfer |
| 9 | | of firearm
ammunition shall not apply to those persons |
| 10 | | specified in paragraph (b) of
Section 2 of this Act. |
| 11 | | (Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)
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| 12 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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| 13 | | Sec. 3.1. Dial up system. |
| 14 | | (a) The Department of State Police shall provide
a dial up |
| 15 | | telephone system or utilize other existing technology which |
| 16 | | shall be used by any federally licensed
firearm dealer, gun |
| 17 | | show promoter, or gun show vendor who is to transfer a firearm, |
| 18 | | stun gun, or taser under the provisions of this
Act. The |
| 19 | | Department of State Police may utilize existing technology |
| 20 | | which
allows the caller to be charged a fee not to exceed $2. |
| 21 | | Fees collected by the Department of
State Police shall be |
| 22 | | deposited in the State Police Services Fund and used
to provide |
| 23 | | the service.
|
| 24 | | (b) Upon receiving a request from a federally licensed |
| 25 | | firearm dealer, gun show promoter, or gun show vendor, the
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| 1 | | Department of State Police shall immediately approve, or within |
| 2 | | the time
period established by Section 24-3 of the Criminal |
| 3 | | Code of 2012 regarding
the delivery of firearms, stun guns, and |
| 4 | | tasers notify the inquiring dealer, gun show promoter, or gun |
| 5 | | show vendor of any objection that
would disqualify the |
| 6 | | transferee from acquiring or possessing a firearm, stun gun, or |
| 7 | | taser. In
conducting the inquiry, the Department of State |
| 8 | | Police shall initiate and
complete an automated search of its |
| 9 | | criminal history record information
files and those of the |
| 10 | | Federal Bureau of Investigation, including the
National |
| 11 | | Instant Criminal Background Check System, and of the files of
|
| 12 | | the Department of Human Services relating to mental health and
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| 13 | | developmental disabilities to obtain
any felony conviction or |
| 14 | | patient hospitalization information which would
disqualify a |
| 15 | | person from obtaining or require revocation of a currently
|
| 16 | | valid Firearm Owner's Identification Card. |
| 17 | | (c) If receipt of a firearm would not violate Section 24-3 |
| 18 | | of the Criminal Code of 2012, federal law, or this Act the |
| 19 | | Department of State Police shall: |
| 20 | | (1) assign a unique identification number to the |
| 21 | | transfer; and |
| 22 | | (2) provide the licensee, gun show promoter, or gun |
| 23 | | show vendor with the number. |
| 24 | | (d) Approvals issued by the Department of State Police for |
| 25 | | the purchase of a firearm are valid for 30 days from the date |
| 26 | | of issue.
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| 1 | | (e) (1) The Department of State Police must act as the |
| 2 | | Illinois Point of Contact
for the National Instant Criminal |
| 3 | | Background Check System. |
| 4 | | (2) The Department of State Police and the Department of |
| 5 | | Human Services shall, in accordance with State and federal law |
| 6 | | regarding confidentiality, enter into a memorandum of |
| 7 | | understanding with the Federal Bureau of Investigation for the |
| 8 | | purpose of implementing the National Instant Criminal |
| 9 | | Background Check System in the State. The Department of State |
| 10 | | Police shall report the name, date of birth, and physical |
| 11 | | description of any person prohibited from possessing a firearm |
| 12 | | pursuant to the Firearm Owners Identification Card and |
| 13 | | Certificate of Handgun Registration Act or 18 U.S.C. 922(g) and |
| 14 | | (n) to the National Instant Criminal Background Check System |
| 15 | | Index, Denied Persons Files.
The Department of State Police |
| 16 | | shall implement a program to distribute grant moneys, with |
| 17 | | funds appropriated for that purpose, to units of local |
| 18 | | government to facilitate participation in the National Instant |
| 19 | | Criminal Background Check System by their enforcement |
| 20 | | agencies.
|
| 21 | | (3) The Department of State Police shall provide notice of |
| 22 | | the disqualification of a person under subsection (b) of this |
| 23 | | Section or the revocation of a person's Firearm Owner's |
| 24 | | Identification Card under Section 8 of this Act, and the reason |
| 25 | | for the disqualification or revocation, to all law enforcement |
| 26 | | agencies with jurisdiction to assist with the seizure of the |
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| 1 | | person's Firearm Owner's Identification Card. |
| 2 | | (f) The Department of State Police shall adopt rules not |
| 3 | | inconsistent with this Section to implement this
system.
|
| 4 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
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| 5 | | (430 ILCS 65/3.4 new) |
| 6 | | Sec. 3.4. Certificate of handgun registration. |
| 7 | | (a) No person shall transport or possess a handgun in this |
| 8 | | State without a certificate of handgun registration issued for |
| 9 | | that handgun by the Department of State Police. |
| 10 | | (b) The provisions of this Section prohibiting a person |
| 11 | | from transporting or possessing a handgun without a certificate |
| 12 | | of handgun registration do not apply to the following persons: |
| 13 | | (1) any person who is exempt from the Firearm Owners |
| 14 | | Identification Card Act requirements pursuant to |
| 15 | | subsection (b) of Section 2 of this Act; |
| 16 | | (2) any person who is exempt from the Firearm Owners |
| 17 | | Identification Card Act requirements pursuant to |
| 18 | | subsection (c) of Section 2 of this Act; |
| 19 | | (3) a certified member of the Illinois Firearms |
| 20 | | Manufacturers Association; and |
| 21 | | (4) a federally licensed firearm dealer holding a new |
| 22 | | handgun for transfer or sale. |
| 23 | | (c) An applicant for an original or transferred certificate |
| 24 | | of handgun registration shall submit an application to the |
| 25 | | Department, prepared and furnished at convenient locations |
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| 1 | | throughout the State or by electronic means. The application |
| 2 | | shall request the following information from the applicant: |
| 3 | | (1) the applicant's name, address, and telephone |
| 4 | | number; |
| 5 | | (2) a copy of the applicant's Illinois Firearm Owner's |
| 6 | | Identification Card; |
| 7 | | (3) the name of the manufacturer, the caliber or gauge, |
| 8 | | the model, the type, and the serial number identification |
| 9 | | of the handgun to be registered; |
| 10 | | (4) the source from which the handgun was obtained, |
| 11 | | including the name and address of the source; |
| 12 | | (5) the date the handgun was acquired; |
| 13 | | (6) any other information that the Department shall |
| 14 | | find reasonably necessary or desirable to effectuate the |
| 15 | | purposes of this Act and to arrive at a fair determination |
| 16 | | as to whether the terms of this Act have been complied |
| 17 | | with; and |
| 18 | | (7) an affidavit signed by the applicant certifying |
| 19 | | that the applicant: |
| 20 | | (A) possesses a valid Firearm Owner's |
| 21 | | Identification Card; |
| 22 | | (B) as of the date of application, would still be |
| 23 | | eligible to receive a Firearm Owner's Identification |
| 24 | | Card from the Department. |
| 25 | | (d) Any person who transports or possesses a handgun |
| 26 | | without a current certificate of handgun registration is guilty |
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| 1 | | of a Class 2 felony. Any person who knowingly enters false or |
| 2 | | misleading information or who submits false or misleading |
| 3 | | evidence in connection with the application described in |
| 4 | | subsection (c) of this Section is guilty of a Class 2 felony. |
| 5 | | Any person who knows or should know that his or her registered |
| 6 | | handgun is lost, stolen, missing, or destroyed but does not |
| 7 | | report that occurrence to local law enforcement is guilty of a |
| 8 | | Class A misdemeanor. Any person who sells, transfers, or |
| 9 | | otherwise disposes of his or her registered handgun and does |
| 10 | | not notify the Department of that sale, transfer, or |
| 11 | | disposition within the timelines in this Act is guilty of a |
| 12 | | Class A misdemeanor. Any federally licensed dealer who does not |
| 13 | | submit an application on behalf of a purchaser in accordance |
| 14 | | with subsection (k-5) of this Section is guilty of a Class A |
| 15 | | misdemeanor. |
| 16 | | (e) The Department shall issue an original or transferred |
| 17 | | certificate of registration or shall issue a written denial of |
| 18 | | the application within 30 days after the application is |
| 19 | | received. |
| 20 | | (e-5) There is created in the State treasury the Handgun |
| 21 | | Certificate Administration Fund to be used by the Department of |
| 22 | | State Police for the administration of handgun registration as |
| 23 | | required by this Act. |
| 24 | | (f) A nonrefundable application fee of $20 shall be payable |
| 25 | | for each original or transferred certificate of handgun |
| 26 | | registration. All moneys received from this $20 fee shall be |
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| 1 | | deposited as follows: |
| 2 | | (1) $10 to the Handgun Certificate Administration Fund |
| 3 | | for the administration of handgun registration; |
| 4 | | (2) $5 to the Illinois LEADS Information and Technology |
| 5 | | Improvement Fund; and |
| 6 | | (3) $5 to the National Instant Criminal Background |
| 7 | | Check System Improvement Fund. |
| 8 | | (g) A nonrefundable fee of $10 shall be payable for each |
| 9 | | duplicate or replacement certificate of handgun registration. |
| 10 | | All moneys received from this $10 fee shall be deposited into |
| 11 | | the Handgun Certificate Administration Fund for the |
| 12 | | administration of handgun registration. |
| 13 | | (h) Certificates of handgun registration shall expire |
| 14 | | every 5 years. The fee for renewal of a certificate of handgun |
| 15 | | registration is $10. All moneys received from this $10 fee |
| 16 | | shall be deposited into the Handgun Certificate Administration |
| 17 | | Fund for the administration of handgun registration. |
| 18 | | (i) Every person issued a certificate of handgun |
| 19 | | registration shall notify local law enforcement within 72 hours |
| 20 | | when: |
| 21 | | (1) the person knows, or should have known, that his or |
| 22 | | her handgun is lost, stolen, destroyed, or otherwise |
| 23 | | missing; or |
| 24 | | (2) the person knows, or should have known, that his or |
| 25 | | her certificate of handgun registration is lost, stolen, |
| 26 | | destroyed, or otherwise missing. |
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| 1 | | (i-5) Every person issued a certificate of handgun |
| 2 | | registration shall notify the Department in a manner prescribed |
| 3 | | by the Department within 72 hours of any of the following |
| 4 | | events: |
| 5 | | (1) a change in any of the information appearing on the |
| 6 | | certificate of handgun registration; |
| 7 | | (2) the sale, transfer, inheritance, or other |
| 8 | | disposition of the registered handgun. |
| 9 | | (j) Every person issued a certificate of handgun |
| 10 | | registration, in addition to any other requirements of this |
| 11 | | Section, shall immediately return to the Department his or her |
| 12 | | copy of the certificate of handgun registration for any handgun |
| 13 | | which is lost, stolen, destroyed, or otherwise disposed of. |
| 14 | | (k) If an owner transfers ownership of a handgun, he or she |
| 15 | | shall execute to the transferee, at the time of the delivery of |
| 16 | | the handgun, an assignment of registration in the space |
| 17 | | provided on the certificate of handgun registration, and shall |
| 18 | | cause the certificate and assignment to be delivered to the |
| 19 | | transferee. |
| 20 | | (k-5) In the case of a federally licensed firearm dealer |
| 21 | | making a sale of a new handgun, the dealer shall submit the |
| 22 | | application described in subsection (c) of this Section along |
| 23 | | with the required fee to the Department on the purchaser's |
| 24 | | behalf within 20 days from the date of sale. If the purchaser |
| 25 | | does not receive an original certificate of handgun |
| 26 | | registration or a written denial of the application submitted |
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| 1 | | on his or her behalf by the dealer within 50 days from the date |
| 2 | | of purchase, the purchaser shall inquire to the Department |
| 3 | | regarding the status of his or her application. |
| 4 | | (l) Within 20 days after the delivery to a transferee of a |
| 5 | | handgun or the delivery of the certificate and assignment, |
| 6 | | whichever occurs sooner, the transferee shall execute the |
| 7 | | application for a new certificate of handgun registration in |
| 8 | | the space provided on the certificate and cause the certificate |
| 9 | | and application to be mailed or delivered to the Department. |
| 10 | | (m) No transferee shall knowingly accept ownership of a |
| 11 | | handgun from a transferor who has failed to obtain a |
| 12 | | certificate of handgun registration in violation of this |
| 13 | | Section, or who fails to execute an assignment of registration |
| 14 | | to the transferee as required by subsection (k) of this |
| 15 | | Section. |
| 16 | | (n) Any person who accepts delivery of a handgun that has |
| 17 | | not been previously registered and assigned to the transferee |
| 18 | | shall file an application for an original certificate of |
| 19 | | handgun registration within 20 days after taking possession of |
| 20 | | the handgun. Any person who owns a handgun on the effective |
| 21 | | date of this amendatory Act of the 99th General Assembly shall |
| 22 | | file an application for an original certificate of handgun |
| 23 | | registration not later than 90 days after the effective date of |
| 24 | | this amendatory Act of the 99th General Assembly. |
| 25 | | (o) Transfer of ownership of a registered handgun shall not |
| 26 | | be considered complete until the transferee has complied with |
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| 1 | | subsection (l) of this Section, provided that a transferor who |
| 2 | | has complied with subsections (i) and (k) of this Section, and |
| 3 | | has complied with the requirements of Section 3 and 3.1, if |
| 4 | | applicable, shall not be liable as an owner by virtue of the |
| 5 | | transferee's failure to comply with subsection (l) for damages |
| 6 | | arising out of use of the handgun. |
| 7 | | (p) The Department has authority to deny an application for |
| 8 | | or to revoke and seize a certificate of handgun registration |
| 9 | | previously issued under this Section if the Department finds |
| 10 | | that: |
| 11 | | (1) the person does not possess a valid Firearm Owner's |
| 12 | | Identification Card; |
| 13 | | (2) false or misleading information was submitted to |
| 14 | | the Department in connection with the application; or |
| 15 | | (3) the handgun is unlawful for the applicant to own. |
| 16 | | (q) The Department of State Police and local law |
| 17 | | enforcement may exchange any information that is necessary for |
| 18 | | the proper administration of this Section unless the exchange |
| 19 | | is specifically prohibited by State or federal law. |
| 20 | | (r) Whenever an application for a Certificate of Handgun |
| 21 | | Registration is denied, whenever the Department fails to act on |
| 22 | | an application within 30 days of its receipt, or whenever such |
| 23 | | a certificate is revoked or seized, the aggrieved party may |
| 24 | | appeal to the Director of the Department of State Police for a |
| 25 | | hearing upon such denial, failure to act, revocation or |
| 26 | | seizure, unless the denial, failure to act, revocation, or |
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| 1 | | seizure was based upon a forcible felony, stalking, aggravated |
| 2 | | stalking, domestic battery, any violation of the Illinois |
| 3 | | Controlled Substances Act, the Methamphetamine Control and |
| 4 | | Community Protection Act, or the Cannabis Control Act that is |
| 5 | | classified as a Class 2 or greater felony, any felony violation |
| 6 | | of Article 24 of the Criminal Code of 2012, or any adjudication |
| 7 | | as a delinquent minor for the commission of an offense that if |
| 8 | | committed by an adult would be a felony, in which case the |
| 9 | | aggrieved party may petition the circuit court in writing in |
| 10 | | the county of his or her residence for a hearing upon such |
| 11 | | denial, failure to act, revocation, or seizure. |
| 12 | | (1) At least 30 days before any hearing in the circuit |
| 13 | | court, the petitioner shall serve the relevant State's |
| 14 | | Attorney with a copy of the petition. The State's Attorney |
| 15 | | may object to the petition and present evidence. At the |
| 16 | | hearing the court shall determine whether substantial |
| 17 | | justice has been done. Should the court determine that |
| 18 | | substantial justice has not been done, the court shall |
| 19 | | issue an order directing the Department of State Police to |
| 20 | | issue a Certificate. |
| 21 | | (2) Any person prohibited from possessing a firearm |
| 22 | | under Sections 24-1.1 or 24-3.1 of the Criminal Code of |
| 23 | | 2012 or acquiring a Certificate of Handgun Registration |
| 24 | | under Section 3.4 of this Act may apply to the Director of |
| 25 | | the Department of State Police or petition the circuit |
| 26 | | court in the county where the petitioner resides, whichever |
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| 1 | | is applicable in accordance with this subsection (r), |
| 2 | | requesting relief from such prohibition and the Director or |
| 3 | | court may grant such relief if it is established by the |
| 4 | | applicant to the court's or Director's satisfaction that: |
| 5 | | (A) when in the circuit court, the State's Attorney |
| 6 | | has been served with a written copy of the petition at |
| 7 | | least 30 days before any such hearing in the circuit |
| 8 | | court and at the hearing the State's Attorney was |
| 9 | | afforded an opportunity to present evidence and object |
| 10 | | to the petition; |
| 11 | | (B) the applicant has not been convicted of a |
| 12 | | forcible felony under the laws of this State or any |
| 13 | | other jurisdiction within 20 years of the applicant's |
| 14 | | application for a Firearm Owner's Identification Card, |
| 15 | | or at least 20 years have passed since the end of any |
| 16 | | period of imprisonment imposed in relation to that |
| 17 | | conviction; |
| 18 | | (C) the circumstances regarding a criminal |
| 19 | | conviction, where applicable, the applicant's criminal |
| 20 | | history and his reputation are such that the applicant |
| 21 | | will not be likely to act in a manner dangerous to |
| 22 | | public safety; and |
| 23 | | (D) granting relief would not be contrary to the |
| 24 | | public interest. |
| 25 | | (3) When a minor is adjudicated delinquent for an |
| 26 | | offense which if committed by an adult would be a felony, |
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| 1 | | the court shall notify the Department of State Police. |
| 2 | | (4) The court shall review the denial of an application |
| 3 | | or the revocation of a Certificate of Handgun Registration |
| 4 | | of a person who has been adjudicated delinquent for an |
| 5 | | offense that if committed by an adult would be a felony if |
| 6 | | an application for relief has been filed at least 10 years |
| 7 | | after the adjudication of delinquency and the court |
| 8 | | determines that the applicant should be granted relief from |
| 9 | | disability to obtain a Certificate of Handgun |
| 10 | | Registration. If the court grants relief, the court shall |
| 11 | | notify the Department of State Police that the disability |
| 12 | | has been removed and that the applicant is eligible to |
| 13 | | obtain a Certificate of Handgun Registration. |
| 14 | | (5) Any person who is prohibited from possessing a |
| 15 | | firearm under 18 U.S.C. 922(d)(4) and 922(g)(4) of the |
| 16 | | federal Gun Control Act of 1968 may apply to the Department |
| 17 | | of State Police requesting relief from such prohibition and |
| 18 | | the Director shall grant such relief if it is established |
| 19 | | to the Director's satisfaction that the person will not be |
| 20 | | likely to act in a manner dangerous to public safety and |
| 21 | | granting relief would not be contrary to the public |
| 22 | | interest. |
| 23 | | (s) Notwithstanding any other provision of law, including |
| 24 | | the Freedom of Information Act, it is the public policy of this |
| 25 | | State that the names and information of people who have applied |
| 26 | | for or received certificates of handgun registration under this |
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| 1 | | Section are considered private and shall not be disclosed. No |
| 2 | | State or local law enforcement agency shall provide the names |
| 3 | | and information of holders of or applicants for certificates of |
| 4 | | handgun registration, except that the Department may provide |
| 5 | | confirmation that an individual has or has not been issued, |
| 6 | | applied for, or denied a certificate of handgun registration in |
| 7 | | connection with a criminal investigation.
|
| 8 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
|
| 9 | | Sec. 4. (a) Each applicant for a Firearm Owner's |
| 10 | | Identification Card must:
|
| 11 | | (1) Make application on blank forms prepared and |
| 12 | | furnished at convenient
locations throughout the State by |
| 13 | | the Department of State Police, or by
electronic means, if |
| 14 | | and when made available by the Department of State
Police; |
| 15 | | and
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| 16 | | (2) Submit evidence to the Department of State Police |
| 17 | | that:
|
| 18 | | (i) He or she is 21 years of age or over, or if he |
| 19 | | or she is under 21
years of age that he or she has the |
| 20 | | written consent of his or her parent or
legal guardian |
| 21 | | to possess and acquire firearms and firearm ammunition |
| 22 | | and that
he or she has never been convicted of a |
| 23 | | misdemeanor other than a traffic
offense or adjudged
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| 24 | | delinquent, provided, however, that such parent or |
| 25 | | legal guardian is not an
individual prohibited from |
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| 1 | | having a Firearm Owner's Identification Card and
files |
| 2 | | an affidavit with the Department as prescribed by the |
| 3 | | Department
stating that he or she is not an individual |
| 4 | | prohibited from having a Card;
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| 5 | | (ii) He or she has not been convicted of a felony |
| 6 | | under the laws of
this or any other jurisdiction;
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| 7 | | (iii) He or she is not addicted to narcotics;
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| 8 | | (iv) He or she has not been a patient in a mental |
| 9 | | health facility within
the past 5 years or, if he or |
| 10 | | she has been a patient in a mental health facility more |
| 11 | | than 5 years ago submit the certification required |
| 12 | | under subsection (u) of Section 8 of this Act;
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| 13 | | (v) He or she is not intellectually disabled;
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| 14 | | (vi) He or she is not an alien who is unlawfully |
| 15 | | present in the
United States under the laws of the |
| 16 | | United States;
|
| 17 | | (vii) He or she is not subject to an existing order |
| 18 | | of protection
prohibiting him or her from possessing a |
| 19 | | firearm;
|
| 20 | | (viii) He or she has not been convicted within the |
| 21 | | past 5 years of
battery, assault, aggravated assault, |
| 22 | | violation of an order of
protection, or a substantially |
| 23 | | similar offense in another jurisdiction, in
which a |
| 24 | | firearm was used or possessed;
|
| 25 | | (ix) He or she has not been convicted of domestic |
| 26 | | battery, aggravated domestic battery, or a
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| 1 | | substantially similar offense in another
jurisdiction |
| 2 | | committed before, on or after January 1, 2012 (the |
| 3 | | effective date of Public Act 97-158). If the applicant |
| 4 | | knowingly and intelligently waives the right to have an |
| 5 | | offense described in this clause (ix) tried by a jury, |
| 6 | | and by guilty plea or otherwise, results in a |
| 7 | | conviction for an offense in which a domestic |
| 8 | | relationship is not a required element of the offense |
| 9 | | but in which a determination of the applicability of 18 |
| 10 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the |
| 11 | | Code of Criminal Procedure of 1963, an entry by the |
| 12 | | court of a judgment of conviction for that offense |
| 13 | | shall be grounds for denying the issuance of a Firearm |
| 14 | | Owner's Identification Card under this Section;
|
| 15 | | (x) (Blank);
|
| 16 | | (xi) He or she is not an alien who has been |
| 17 | | admitted to the United
States under a non-immigrant |
| 18 | | visa (as that term is defined in Section
101(a)(26) of |
| 19 | | the Immigration and Nationality Act (8 U.S.C. |
| 20 | | 1101(a)(26))),
or that he or she is an alien who has |
| 21 | | been lawfully admitted to the United
States under a |
| 22 | | non-immigrant visa if that alien is:
|
| 23 | | (1) admitted to the United States for lawful |
| 24 | | hunting or sporting
purposes;
|
| 25 | | (2) an official representative of a foreign |
| 26 | | government who is:
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| 1 | | (A) accredited to the United States |
| 2 | | Government or the Government's
mission to an |
| 3 | | international organization having its |
| 4 | | headquarters in the United
States; or
|
| 5 | | (B) en route to or from another country to |
| 6 | | which that alien is
accredited;
|
| 7 | | (3) an official of a foreign government or |
| 8 | | distinguished foreign
visitor who has been so |
| 9 | | designated by the Department of State;
|
| 10 | | (4) a foreign law enforcement officer of a |
| 11 | | friendly foreign
government entering the United |
| 12 | | States on official business; or
|
| 13 | | (5) one who has received a waiver from the |
| 14 | | Attorney General of the
United States pursuant to |
| 15 | | 18 U.S.C. 922(y)(3);
|
| 16 | | (xii) He or she is not a minor subject to a |
| 17 | | petition filed
under Section 5-520 of the Juvenile |
| 18 | | Court Act of 1987 alleging that the
minor is a |
| 19 | | delinquent minor for the commission of an offense that |
| 20 | | if
committed by an adult would be a felony;
|
| 21 | | (xiii) He or she is not an adult who had been |
| 22 | | adjudicated a delinquent
minor under the Juvenile |
| 23 | | Court Act of 1987 for the commission of an offense
that |
| 24 | | if committed by an adult would be a felony;
|
| 25 | | (xiv) He or she is a resident of the State of |
| 26 | | Illinois; |
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| 1 | | (xv) He or she has not been adjudicated as a |
| 2 | | mentally disabled person; |
| 3 | | (xvi) He or she has not been involuntarily admitted |
| 4 | | into a mental health facility; and |
| 5 | | (xvii) He or she is not developmentally disabled; |
| 6 | | and
|
| 7 | | (3) Upon request by the Department of State Police, |
| 8 | | sign a release on a
form prescribed by the Department of |
| 9 | | State Police waiving any right to
confidentiality and |
| 10 | | requesting the disclosure to the Department of State Police
|
| 11 | | of limited mental health institution admission information |
| 12 | | from another state,
the District of Columbia, any other |
| 13 | | territory of the United States, or a
foreign nation |
| 14 | | concerning the applicant for the sole purpose of |
| 15 | | determining
whether the applicant is or was a patient in a |
| 16 | | mental health institution and
disqualified because of that |
| 17 | | status from receiving a Firearm Owner's
Identification |
| 18 | | Card. No mental health care or treatment records may be
|
| 19 | | requested. The information received shall be destroyed |
| 20 | | within one year of
receipt.
|
| 21 | | (a-5) Each applicant for a Firearm Owner's Identification |
| 22 | | Card who is over
the age of 18 shall furnish to the Department |
| 23 | | of State Police either his or
her Illinois driver's license |
| 24 | | number or Illinois Identification Card number, except as
|
| 25 | | provided in subsection (a-10).
|
| 26 | | (a-10) Each applicant for a Firearm Owner's Identification |
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| 1 | | Card,
who is employed as a law enforcement officer, an armed |
| 2 | | security officer in Illinois, or by the United States Military
|
| 3 | | permanently assigned in Illinois and who is not an Illinois |
| 4 | | resident, shall furnish to
the Department of State Police his |
| 5 | | or her driver's license number or state
identification card |
| 6 | | number from his or her state of residence. The Department
of |
| 7 | | State Police may adopt rules to enforce the provisions of this
|
| 8 | | subsection (a-10).
|
| 9 | | (a-15) If an applicant applying for a Firearm Owner's |
| 10 | | Identification Card moves from the residence address named in |
| 11 | | the application, he or she shall immediately notify in a form |
| 12 | | and manner prescribed by the Department of State Police of that |
| 13 | | change of address. |
| 14 | | (a-20) Each applicant for a Firearm Owner's Identification |
| 15 | | Card shall furnish to the Department of State Police his or her |
| 16 | | photograph. An applicant who is 21 years of age or older |
| 17 | | seeking a religious exemption to the photograph requirement |
| 18 | | must furnish with the application an approved copy of United |
| 19 | | States Department of the Treasury Internal Revenue Service Form |
| 20 | | 4029. In lieu of a photograph, an applicant regardless of age |
| 21 | | seeking a religious exemption to the photograph requirement |
| 22 | | shall submit fingerprints on a form and manner prescribed by |
| 23 | | the Department with his or her application. |
| 24 | | (b) Each application form shall include the following |
| 25 | | statement printed in
bold type: "Warning: Entering false |
| 26 | | information on an application for a Firearm
Owner's |
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| 1 | | Identification Card is punishable as a Class 2 felony in |
| 2 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
| 3 | | Owners Identification Card and Certificate of Handgun |
| 4 | | Registration
Act.".
|
| 5 | | (c) Upon such written consent, pursuant to Section 4, |
| 6 | | paragraph (a)(2)(i),
the parent or legal guardian giving the |
| 7 | | consent shall be liable for any
damages resulting from the |
| 8 | | applicant's use of firearms or firearm ammunition.
|
| 9 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, |
| 10 | | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; |
| 11 | | 98-63, eff. 7-9-13.)
|
| 12 | | (430 ILCS 65/6.1)
|
| 13 | | Sec. 6.1.
Altered, forged or counterfeit Firearm Owner's |
| 14 | | Identification
Cards.
|
| 15 | | (a) Any person who forges or materially alters a Firearm |
| 16 | | Owner's
Identification Card or certificate of handgun |
| 17 | | registration or
who counterfeits a Firearm Owner's |
| 18 | | Identification Card or certificate of handgun registration |
| 19 | | commits a Class 2
felony.
|
| 20 | | (b) Any person who knowingly possesses a forged or |
| 21 | | materially altered
Firearm
Owner's Identification Card or |
| 22 | | certificate of handgun registration with the intent to use it |
| 23 | | commits a Class 2 felony.
A person
who possesses a Firearm |
| 24 | | Owner's Identification Card or certificate of handgun |
| 25 | | registration with knowledge that it is
counterfeit
commits a |
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| 1 | | Class 2 felony.
|
| 2 | | (Source: P.A. 92-414, eff. 1-1-02.)
|
| 3 | | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
|
| 4 | | Sec. 14. Sentence.
|
| 5 | | (a) Except as provided in subsection (a-5), a violation of |
| 6 | | paragraph (1) of subsection (a) of Section 2, when the
person's |
| 7 | | Firearm Owner's
Identification Card is expired but the person |
| 8 | | is not otherwise disqualified
from renewing the card, is a |
| 9 | | Class A misdemeanor.
|
| 10 | | (a-5) A violation of paragraph (1) of subsection (a) of |
| 11 | | Section 2, when the
person's Firearm Owner's
Identification |
| 12 | | Card is expired but the person is not otherwise disqualified
|
| 13 | | from owning, purchasing, or possessing firearms, is a petty |
| 14 | | offense if the card was expired for 6 months or less from the |
| 15 | | date of expiration. |
| 16 | | (b) Except as provided in subsection (a) with respect to an |
| 17 | | expired
card, a violation of paragraph (1) of subsection (a) of |
| 18 | | Section 2 is a
Class A misdemeanor when the person does not |
| 19 | | possess a currently valid Firearm
Owner's Identification Card, |
| 20 | | but is otherwise eligible under this Act. A
second or |
| 21 | | subsequent violation is a Class 4 felony.
|
| 22 | | (c) A violation of paragraph (1) of subsection (a) of |
| 23 | | Section 2 is a Class
3 felony when:
|
| 24 | | (1) the person's Firearm Owner's Identification Card |
| 25 | | is revoked or
subject to revocation under Section 8; or
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| 1 | | (2) the person's Firearm Owner's Identification Card |
| 2 | | is expired and not
otherwise eligible for renewal under |
| 3 | | this Act; or
|
| 4 | | (3) the person does not possess a currently valid |
| 5 | | Firearm Owner's
Identification Card, and the person is not |
| 6 | | otherwise eligible under this
Act.
|
| 7 | | (d) A violation of subsection (a) of Section 3 is a Class 4 |
| 8 | | felony.
A third or subsequent conviction is a Class 1 felony.
|
| 9 | | (d-5) Any person who knowingly enters false information on |
| 10 | | an application
for a Firearm Owner's Identification Card or a |
| 11 | | certificate of handgun registration, who knowingly gives a |
| 12 | | false answer
to any question on the application, or who |
| 13 | | knowingly submits false evidence in
connection with an |
| 14 | | application is guilty of a Class 2 felony.
|
| 15 | | (e) Except as provided by Section 6.1 of this Act, any |
| 16 | | other
violation of this Act is a Class A misdemeanor.
|
| 17 | | (Source: P.A. 97-1131, eff. 1-1-13.)
|
| 18 | | Section 31. The Firearm Concealed Carry Act is amended by |
| 19 | | changing Sections 25, 40, 70, 80, and 105 as follows:
|
| 20 | | (430 ILCS 66/25)
|
| 21 | | Sec. 25. Qualifications for a license. |
| 22 | | The Department shall issue a license to an applicant |
| 23 | | completing an application in accordance with Section 30 of this |
| 24 | | Act if the person: |
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| 1 | | (1) is at least 21 years of age; |
| 2 | | (2) has a currently valid Firearm Owner's |
| 3 | | Identification Card and a certificate of handgun |
| 4 | | registration and at the time of application meets the |
| 5 | | requirements for the issuance of a Firearm Owner's |
| 6 | | Identification Card and a certificate of handgun |
| 7 | | registration and is not prohibited under the Firearm Owners |
| 8 | | Identification Card and Certificate of Handgun |
| 9 | | Registration Act or federal law from possessing or |
| 10 | | receiving a firearm; |
| 11 | | (3) has not been convicted or found guilty in this |
| 12 | | State or in any other state of: |
| 13 | | (A) a misdemeanor involving the use or threat of |
| 14 | | physical force or violence to any person within the 5 |
| 15 | | years preceding the date of the license application; or |
| 16 | | (B) 2 or more violations related to driving while |
| 17 | | under the influence of alcohol, other drug or drugs, |
| 18 | | intoxicating compound or compounds, or any combination |
| 19 | | thereof, within the 5 years preceding the date of the |
| 20 | | license application; |
| 21 | | (4) is not the subject of a pending arrest warrant, |
| 22 | | prosecution, or proceeding for an offense or action that |
| 23 | | could lead to disqualification to own or possess a firearm; |
| 24 | | (5) has not been in residential or court-ordered |
| 25 | | treatment for alcoholism, alcohol detoxification, or drug |
| 26 | | treatment within the 5 years immediately preceding the date |
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| 1 | | of the license application; and |
| 2 | | (6) has completed firearms training and any education |
| 3 | | component required under Section 75 of this Act.
|
| 4 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
|
| 5 | | (430 ILCS 66/40)
|
| 6 | | Sec. 40. Non-resident license applications. |
| 7 | | (a) For the purposes of this Section, "non-resident" means |
| 8 | | a person who has not resided within this State for more than 30 |
| 9 | | days and resides in another state or territory. |
| 10 | | (b) The Department shall by rule allow for non-resident |
| 11 | | license applications from any state or territory of the United |
| 12 | | States with laws related to firearm ownership, possession, and |
| 13 | | carrying, that are substantially similar to the requirements to |
| 14 | | obtain a license under this Act. |
| 15 | | (c) A resident of a state or territory approved by the |
| 16 | | Department under subsection (b) of this Section may apply for a |
| 17 | | non-resident license. The applicant shall apply to the |
| 18 | | Department and must meet all of the qualifications established |
| 19 | | in Section 25 of this Act, except for the Illinois residency |
| 20 | | requirement in item (xiv) of paragraph (2) of subsection (a) of |
| 21 | | Section 4 of the Firearm Owners Identification Card and |
| 22 | | Certificate of Handgun Registration Act. The applicant shall |
| 23 | | submit: |
| 24 | | (1) the application and documentation required under |
| 25 | | Section 30 of this Act and the applicable fee; |
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| 1 | | (2) a notarized document stating that the applicant: |
| 2 | | (A) is eligible under federal law and the laws of |
| 3 | | his or her state or territory of residence to own or |
| 4 | | possess a firearm; |
| 5 | | (B) if applicable, has a license or permit to carry |
| 6 | | a firearm or concealed firearm issued by his or her |
| 7 | | state or territory of residence and attach a copy of |
| 8 | | the license or permit to the application; |
| 9 | | (C) understands Illinois laws pertaining to the |
| 10 | | possession and transport of firearms; , and |
| 11 | | (D) acknowledges that the applicant is subject to |
| 12 | | the jurisdiction of the Department and Illinois courts |
| 13 | | for any violation of this Act; and |
| 14 | | (3) a photocopy of any certificates or other evidence |
| 15 | | of compliance with the training requirements under Section |
| 16 | | 75 of this Act; and |
| 17 | | (4) a head and shoulder color photograph in a size |
| 18 | | specified by the Department taken within the 30 days |
| 19 | | preceding the date of the application. |
| 20 | | (d) In lieu of an Illinois driver's license or Illinois |
| 21 | | identification card, a non-resident applicant shall provide |
| 22 | | similar documentation from his or her state or territory of |
| 23 | | residence. In lieu of a valid Firearm Owner's Identification |
| 24 | | Card, the applicant shall submit documentation and information |
| 25 | | required by the Department to obtain a Firearm Owner's |
| 26 | | Identification Card, including an affidavit that the |
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| 1 | | non-resident meets the mental health standards to obtain a |
| 2 | | firearm under Illinois law, and the Department shall ensure |
| 3 | | that the applicant would meet the eligibility criteria to |
| 4 | | obtain a Firearm Owner's Identification card if he or she was a |
| 5 | | resident of this State. |
| 6 | | (e) Nothing in this Act shall prohibit a non-resident from |
| 7 | | transporting a concealed firearm within his or her vehicle in |
| 8 | | Illinois, if the concealed firearm remains within his or her |
| 9 | | vehicle and the non-resident: |
| 10 | | (1) is not prohibited from owning or possessing a |
| 11 | | firearm under federal law; |
| 12 | | (2) is eligible to carry a firearm in public under the |
| 13 | | laws of his or her state or territory of residence, as
|
| 14 | | evidenced by the possession of a concealed carry license or |
| 15 | | permit issued by his or her state of residence, if
|
| 16 | | applicable; and |
| 17 | | (3) is not in possession of a license under this Act. |
| 18 | | If the non-resident leaves his or her vehicle unattended, |
| 19 | | he or she shall store the firearm within a locked vehicle or |
| 20 | | locked container within the vehicle in accordance with |
| 21 | | subsection (b) of Section 65 of this Act.
|
| 22 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; revised |
| 23 | | 12-10-14.)
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| 24 | | (430 ILCS 66/70)
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| 25 | | Sec. 70. Violations. |
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| 1 | | (a) A license issued or renewed under this Act shall be |
| 2 | | revoked if, at any time, the licensee is found to be ineligible |
| 3 | | for a license under this Act or the licensee no longer meets |
| 4 | | the eligibility requirements of the Firearm Owners |
| 5 | | Identification Card and Certificate of Handgun Registration |
| 6 | | Act. |
| 7 | | (b) A license shall be suspended if an order of protection, |
| 8 | | including an emergency order of protection, plenary order of |
| 9 | | protection, or interim order of protection under Article 112A |
| 10 | | of the Code of Criminal Procedure of 1963 or under the Illinois |
| 11 | | Domestic Violence Act of 1986, is issued against a licensee for |
| 12 | | the duration of the order, or if the Department is made aware |
| 13 | | of a similar order issued against the licensee in any other |
| 14 | | jurisdiction. If an order of protection is issued against a |
| 15 | | licensee, the licensee shall surrender the license, as |
| 16 | | applicable, to the court at the time the order is entered or to |
| 17 | | the law enforcement agency or entity serving process at the |
| 18 | | time the licensee is served the order. The court, law |
| 19 | | enforcement agency, or entity responsible for serving the order |
| 20 | | of protection shall notify the Department within 7 days and |
| 21 | | transmit the license to the Department. |
| 22 | | (c) A license is invalid upon expiration of the license, |
| 23 | | unless the licensee has submitted an application to renew the |
| 24 | | license, and the applicant is otherwise eligible to possess a |
| 25 | | license under this Act. |
| 26 | | (d) A licensee shall not carry a concealed firearm while |
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| 1 | | under the influence of alcohol, other drug or drugs, |
| 2 | | intoxicating compound or combination of compounds, or any |
| 3 | | combination thereof, under the standards set forth in |
| 4 | | subsection (a) of Section 11-501 of the Illinois Vehicle Code. |
| 5 | | A licensee in violation of this subsection (d) shall be |
| 6 | | guilty of a Class A misdemeanor for a first or second violation |
| 7 | | and a Class 4 felony for a third violation. The Department may |
| 8 | | suspend a license for up to 6 months for a second violation and |
| 9 | | shall permanently revoke a license for a third violation. |
| 10 | | (e) Except as otherwise provided, a licensee in violation |
| 11 | | of this Act shall be guilty of a Class B misdemeanor. A second |
| 12 | | or subsequent violation is a Class A misdemeanor. The |
| 13 | | Department may suspend a license for up to 6 months for a |
| 14 | | second violation and shall permanently revoke a license for 3 |
| 15 | | or more violations of Section 65 of this Act. Any person |
| 16 | | convicted of a violation under this Section shall pay a $150 |
| 17 | | fee to be deposited into the Mental Health Reporting Fund, plus |
| 18 | | any applicable court costs or fees. |
| 19 | | (f) A licensee convicted or found guilty of a violation of |
| 20 | | this Act who has a valid license and is otherwise eligible to |
| 21 | | carry a concealed firearm shall only be subject to the |
| 22 | | penalties under this Section and shall not be subject to the |
| 23 | | penalties under Section 21-6, paragraph (4), (8), or (10) of |
| 24 | | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) |
| 25 | | of paragraph (3) of subsection (a) of Section 24-1.6 of the |
| 26 | | Criminal Code of 2012. Except as otherwise provided in this |
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| 1 | | subsection, nothing in this subsection prohibits the licensee |
| 2 | | from being subjected to penalties for violations other than |
| 3 | | those specified in this Act. |
| 4 | | (g) A licensee whose license is revoked, suspended, or |
| 5 | | denied shall, within 48 hours of receiving notice of the |
| 6 | | revocation, suspension, or denial, surrender his or her |
| 7 | | concealed carry license to the local law enforcement agency |
| 8 | | where the person resides. The local law enforcement agency |
| 9 | | shall provide the licensee a receipt and transmit the concealed |
| 10 | | carry license to the Department of State Police. If the |
| 11 | | licensee whose concealed carry license has been revoked, |
| 12 | | suspended, or denied fails to comply with the requirements of |
| 13 | | this subsection, the law enforcement agency where the person |
| 14 | | resides may petition the circuit court to issue a warrant to |
| 15 | | search for and seize the concealed carry license in the |
| 16 | | possession and under the custody or control of the licensee |
| 17 | | whose concealed carry license has been revoked, suspended, or |
| 18 | | denied. The observation of a concealed carry license in the |
| 19 | | possession of a person whose license has been revoked, |
| 20 | | suspended, or denied constitutes a sufficient basis for the |
| 21 | | arrest of that person for violation of this subsection. A |
| 22 | | violation of this subsection is a Class A misdemeanor. |
| 23 | | (h) A license issued or renewed under this Act shall be |
| 24 | | revoked if, at any time, the licensee is found ineligible for a |
| 25 | | Firearm Owner's Identification Card, or the licensee no longer |
| 26 | | possesses a valid Firearm Owner's Identification Card. A |
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| 1 | | licensee whose license is revoked under this subsection (h) |
| 2 | | shall surrender his or her concealed carry license as provided |
| 3 | | for in subsection (g) of this Section. |
| 4 | | This subsection shall not apply to a person who has filed |
| 5 | | an application with the State Police for renewal of a Firearm
|
| 6 | | Owner's Identification Card and who is not otherwise ineligible |
| 7 | | to obtain a Firearm Owner's Identification Card.
|
| 8 | | (i) A certified firearms instructor who knowingly provides |
| 9 | | or offers to provide a false certification that an applicant |
| 10 | | has completed firearms training as required under this Act is |
| 11 | | guilty of a Class A misdemeanor. A person guilty of a violation |
| 12 | | of this subsection (i) is not eligible for court supervision. |
| 13 | | The Department shall permanently revoke the firearms |
| 14 | | instructor certification of a person convicted under this |
| 15 | | subsection (i). |
| 16 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, |
| 17 | | eff. 8-15-14.)
|
| 18 | | (430 ILCS 66/80) |
| 19 | | Sec. 80. Certified firearms instructors. |
| 20 | | (a) Within 60 days of the effective date of this Act, the |
| 21 | | Department shall begin approval of certified firearms |
| 22 | | instructors and enter certified firearms instructors into an |
| 23 | | online registry on the Department's website. |
| 24 | | (b) A person who is not a certified firearms instructor |
| 25 | | shall not teach applicant training courses or advertise or |
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| 1 | | otherwise represent courses they teach as qualifying their |
| 2 | | students to meet the requirements to receive a license under |
| 3 | | this Act. Each violation of this subsection is a business |
| 4 | | offense with a fine of at least $1,000 per violation. |
| 5 | | (c) A person seeking to become a certified firearms |
| 6 | | instructor shall: |
| 7 | | (1) be at least 21 years of age; |
| 8 | | (2) be a legal resident of the United States; and |
| 9 | | (3) meet the requirements of Section 25 of this Act, |
| 10 | | except for the Illinois residency
requirement in item (xiv) |
| 11 | | of paragraph (2) of subsection (a) of Section 4 of the |
| 12 | | Firearm
Owners Identification Card and Certificate of |
| 13 | | Handgun Registration Act; and any additional uniformly |
| 14 | | applied requirements established by the Department. |
| 15 | | (d) A person seeking to become a certified firearms |
| 16 | | instructor, in addition to the requirements of subsection (c) |
| 17 | | of this Section, shall: |
| 18 | | (1) possess a high school diploma or high school |
| 19 | | equivalency certificate; and |
| 20 | | (2) have at least one of the following valid firearms |
| 21 | | instructor certifications: |
| 22 | | (A) certification from a law enforcement agency; |
| 23 | | (B) certification from a firearm instructor course |
| 24 | | offered by a State or federal governmental agency; |
| 25 | | (C) certification from a firearm instructor |
| 26 | | qualification course offered by the Illinois Law |
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| 1 | | Enforcement Training Standards Board; or |
| 2 | | (D) certification from an entity approved by the |
| 3 | | Department that offers firearm instructor education |
| 4 | | and training in the use and safety of firearms. |
| 5 | | (e) A person may have his or her firearms instructor |
| 6 | | certification denied or revoked if he or she does not meet the |
| 7 | | requirements to obtain a license under this Act, provides false |
| 8 | | or misleading information to the Department, or has had a prior |
| 9 | | instructor certification revoked or denied by the Department.
|
| 10 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718, |
| 11 | | eff. 1-1-15.)
|
| 12 | | (430 ILCS 66/105)
|
| 13 | | Sec. 105. Duty of school administrator. It is the duty of |
| 14 | | the principal
of a public elementary or secondary school, or |
| 15 | | his or her designee, and the
chief administrative officer of a |
| 16 | | private elementary or secondary school or a
public or private |
| 17 | | community college, college, or university, or his or her
|
| 18 | | designee, to report to the Department of State Police when a |
| 19 | | student is determined to pose a clear and present danger to |
| 20 | | himself, herself, or to others, within 24 hours of
the |
| 21 | | determination as provided in Section 6-103.3 of the Mental |
| 22 | | Health and Developmental Disabilities Code. "Clear and present |
| 23 | | danger" has the meaning as provided in paragraph (2) of the |
| 24 | | definition of "clear and present danger" in Section 1.1 of the |
| 25 | | Firearm Owners Identification Card and Certificate of Handgun |
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| 1 | | Registration Act.
|
| 2 | | (Source: P.A. 98-63, eff. 7-9-13.)
|
| 3 | | Section 32. The Wildlife Code is amended by changing |
| 4 | | Section 3.2 as follows:
|
| 5 | | (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
|
| 6 | | Sec. 3.2. Hunting license; application; instruction. |
| 7 | | Before the
Department or any county, city, village, township, |
| 8 | | incorporated town clerk
or his duly designated agent or any |
| 9 | | other person authorized or designated
by the Department to |
| 10 | | issue hunting licenses shall issue a hunting license
to any |
| 11 | | person, the person shall file his application with the |
| 12 | | Department or
other party authorized to issue licenses on a |
| 13 | | form provided by the
Department and further give definite proof |
| 14 | | of identity and place of legal
residence. Each clerk |
| 15 | | designating agents to issue licenses and stamps
shall furnish |
| 16 | | the Department, within 10 days following the appointment, the
|
| 17 | | names and mailing addresses of the agents. Each clerk or his |
| 18 | | duly
designated agent shall be authorized to sell licenses and |
| 19 | | stamps only
within the territorial area for which he was |
| 20 | | elected or appointed. No duly
designated agent is authorized to |
| 21 | | furnish licenses or stamps for
issuance by any other business |
| 22 | | establishment. Each
application shall be executed and sworn to |
| 23 | | and shall set forth the name
and description of the applicant |
| 24 | | and place of residence.
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| 1 | | No hunting license shall be issued to any person born on or |
| 2 | | after January
1,
1980
unless he presents the person authorized |
| 3 | | to issue the license
evidence that he has held a hunting |
| 4 | | license issued by the State of Illinois
or another state in a |
| 5 | | prior year, or a certificate of competency as
provided in this |
| 6 | | Section. Persons under 16 years of age may be issued a
Lifetime |
| 7 | | Hunting or Sportsmen's Combination License as provided under |
| 8 | | Section
20-45 of the Fish and Aquatic Life Code but shall not |
| 9 | | be entitled to hunt
unless they have a certificate of |
| 10 | | competency as provided in this Section and
they shall have the |
| 11 | | certificate in their possession while hunting.
|
| 12 | | The Department of Natural Resources shall authorize
|
| 13 | | personnel of the
Department or certified volunteer instructors |
| 14 | | to conduct courses, of not
less than 10 hours in length, in |
| 15 | | firearms and hunter safety, which may include
training in bow |
| 16 | | and arrow safety, at regularly specified intervals throughout
|
| 17 | | the State. Persons successfully completing the course shall |
| 18 | | receive a
certificate of competency. The Department of Natural |
| 19 | | Resources may further
cooperate with any reputable association |
| 20 | | or organization in establishing
courses if the organization has |
| 21 | | as one of its objectives the promotion of
safety in the |
| 22 | | handling of firearms or bow and arrow.
|
| 23 | | The Department of Natural Resources shall designate any
|
| 24 | | person found by it
to be competent to give instruction in the |
| 25 | | handling of firearms, hunter
safety, and bow and arrow. The |
| 26 | | persons so appointed shall give the
course of instruction and |
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| 1 | | upon the successful completion shall
issue to the person |
| 2 | | instructed a certificate of competency in the safe
handling of |
| 3 | | firearms, hunter safety, and bow and arrow. No charge shall
be |
| 4 | | made for any course of instruction except for materials or |
| 5 | | ammunition
consumed. The Department of Natural Resources shall
|
| 6 | | furnish information on
the requirements of hunter safety |
| 7 | | education programs to be distributed
free of charge to |
| 8 | | applicants for hunting licenses by the persons
appointed and |
| 9 | | authorized to issue licenses. Funds for the conducting of
|
| 10 | | firearms and hunter safety courses shall be taken from the fee |
| 11 | | charged
for the Firearm Owners Identification Card.
|
| 12 | | The fee for a hunting license to hunt all species for a |
| 13 | | resident of
Illinois is $12. For residents age 65 or older, |
| 14 | | and, commencing with the 2012 license year, resident veterans |
| 15 | | of the United States Armed Forces after returning from service |
| 16 | | abroad or mobilization by the President of the United States, |
| 17 | | the fee is one-half of the
fee charged for a hunting license to |
| 18 | | hunt all species for a resident of
Illinois. Veterans must |
| 19 | | provide to the Department, at one of the Department's 5 |
| 20 | | regional offices, verification of their service. The |
| 21 | | Department shall establish what constitutes suitable |
| 22 | | verification of service for the purpose of issuing resident |
| 23 | | veterans hunting
licenses at a reduced fee. The fee for a |
| 24 | | hunting license to hunt all species shall be $1 for residents |
| 25 | | over 75 years of age. Nonresidents shall be charged $57 for a |
| 26 | | hunting license.
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| 1 | | Nonresidents may be issued a nonresident hunting license |
| 2 | | for a
period not to exceed 10 consecutive days' hunting in the |
| 3 | | State and shall
be charged a fee of $35.
|
| 4 | | A special nonresident hunting license authorizing a |
| 5 | | nonresident to
take game birds by hunting on a game breeding |
| 6 | | and hunting preserve
area only, established under Section 3.27, |
| 7 | | shall be issued upon proper
application being made and payment |
| 8 | | of a fee equal to that for a resident
hunting license. The |
| 9 | | expiration date of this license shall be on the same
date each |
| 10 | | year that game breeding and hunting preserve
area licenses |
| 11 | | expire.
|
| 12 | | Each applicant for a State Migratory Waterfowl Stamp, |
| 13 | | regardless of
his residence or other condition, shall pay a fee |
| 14 | | of $15 and
shall receive a stamp. The fee for a State Migratory |
| 15 | | Waterfowl Stamp shall be waived for residents over 75 years of |
| 16 | | age. Except as provided under
Section 20-45 of the Fish and |
| 17 | | Aquatic Life Code,
the stamp shall be signed by the person or |
| 18 | | affixed to his license
or permit in a space designated by the |
| 19 | | Department for that purpose.
|
| 20 | | Each applicant for a State Habitat Stamp, regardless of his |
| 21 | | residence
or other condition, shall pay a fee of $5 and shall |
| 22 | | receive a
stamp. The fee for a State Habitat Stamp shall be |
| 23 | | waived for residents over 75 years of age. Except as provided |
| 24 | | under Section 20-45 of the Fish and Aquatic Life
Code, the |
| 25 | | stamp shall be signed by the person or affixed to his license |
| 26 | | or
permit in a space designated by the Department for that |
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| 1 | | purpose.
|
| 2 | | Nothing in this Section shall be construed as to require |
| 3 | | the purchase
of more than one State Habitat Stamp by any person |
| 4 | | in any one license year.
|
| 5 | | The fees for State Pheasant Stamps and State Furbearer |
| 6 | | Stamps shall be waived for residents over 75 years of age. |
| 7 | | The Department shall furnish the holders of hunting |
| 8 | | licenses and stamps
with an insignia as evidence of possession |
| 9 | | of license, or license and
stamp, as the Department may |
| 10 | | consider advisable. The insignia shall be
exhibited and used as |
| 11 | | the Department may order.
|
| 12 | | All other hunting licenses and all State stamps shall |
| 13 | | expire upon
March 31 of each year.
|
| 14 | | Every person holding any license, permit, or stamp issued |
| 15 | | under the
provisions of this Act shall have it in his |
| 16 | | possession for immediate
presentation for inspection to the |
| 17 | | officers and authorized employees of
the Department, any |
| 18 | | sheriff, deputy sheriff, or any other peace officer making
a |
| 19 | | demand for it. This provision shall not apply to Department |
| 20 | | owned or
managed sites where it is required that all hunters |
| 21 | | deposit their license,
permit, or Firearm Owner's |
| 22 | | Identification Card, or certificate of handgun registration at |
| 23 | | the check station upon
entering the hunting areas.
|
| 24 | | (Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)
|
| 25 | | Section 35. The Clerks of Courts Act is amended by changing |
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| 1 | | Section 27.3a as follows:
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| 2 | | (705 ILCS 105/27.3a)
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| 3 | | Sec. 27.3a. Fees for automated record keeping, probation |
| 4 | | and court services operations, and State and Conservation |
| 5 | | Police operations.
|
| 6 | | 1. The expense of establishing and maintaining automated |
| 7 | | record
keeping systems in the offices of the clerks of the |
| 8 | | circuit court shall
be borne by the county. To defray such |
| 9 | | expense in any county having
established such an automated |
| 10 | | system or which elects to establish such a
system, the county |
| 11 | | board may require the clerk of the circuit court in
their |
| 12 | | county to charge and collect a court automation fee of not less |
| 13 | | than
$1 nor more than $25 to be charged and collected by the |
| 14 | | clerk of the court.
Such fee shall be paid at the time of |
| 15 | | filing the first pleading, paper or
other appearance filed by |
| 16 | | each party in all civil cases or by the defendant
in any |
| 17 | | felony, traffic, misdemeanor, municipal ordinance, or |
| 18 | | conservation
case upon a judgment of guilty or grant of |
| 19 | | supervision, provided that
the record keeping system which |
| 20 | | processes the case
category for which the fee is charged is |
| 21 | | automated or has been approved for
automation by the county |
| 22 | | board, and provided further that no additional fee
shall be |
| 23 | | required if more than one party is presented in a single |
| 24 | | pleading,
paper or other appearance. Such fee shall be |
| 25 | | collected in the manner in
which all other fees or costs are |
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| 1 | | collected.
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| 2 | | 1.1. Starting on July 6, 2012 (the effective date of Public |
| 3 | | Act 97-761) and pursuant to an administrative order from the |
| 4 | | chief judge of the circuit or the presiding judge of the county |
| 5 | | authorizing such collection, a clerk of the circuit court in |
| 6 | | any county that imposes a fee pursuant to subsection 1 of this |
| 7 | | Section shall also charge and collect an additional $10 |
| 8 | | operations fee for probation and court services department |
| 9 | | operations. |
| 10 | | This additional fee shall be paid by the defendant in any |
| 11 | | felony, traffic, misdemeanor, local ordinance, or conservation |
| 12 | | case upon a judgment of guilty or grant of supervision, except |
| 13 | | such $10 operations fee shall not be charged and collected in |
| 14 | | cases governed by Supreme Court Rule 529 in which the bail |
| 15 | | amount is $120 or less. |
| 16 | | 1.2. With respect to the fee imposed and collected under |
| 17 | | subsection 1.1 of this Section, each clerk shall transfer all |
| 18 | | fees monthly to the county treasurer for deposit into the |
| 19 | | probation and court services fund created under Section 15.1 of |
| 20 | | the Probation and Probation Officers Act, and such monies shall |
| 21 | | be disbursed from the fund only at the direction of the chief |
| 22 | | judge of the circuit or another judge designated by the Chief |
| 23 | | Circuit Judge in accordance with the policies and guidelines |
| 24 | | approved by the Supreme Court. |
| 25 | | 1.5. Starting on June 1, 2014, a clerk of the circuit court |
| 26 | | in any county that imposes a fee pursuant to subsection 1 of |
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| 1 | | this Section, shall charge and collect an additional fee in an |
| 2 | | amount equal to the amount of the fee imposed pursuant to |
| 3 | | subsection 1 of this Section, except the fee imposed under this |
| 4 | | subsection may not be more than $15. This additional fee shall |
| 5 | | be paid by the defendant in any felony, traffic, misdemeanor, |
| 6 | | or local ordinance case upon a judgment of guilty or grant of |
| 7 | | supervision. This fee shall not be paid by the defendant for |
| 8 | | any violation listed in subsection 1.6 of this Section. |
| 9 | | 1.6. Starting on June 1, 2014, a clerk of the circuit court |
| 10 | | in any county that imposes a fee pursuant to subsection 1 of |
| 11 | | this Section shall charge and collect an additional fee in an |
| 12 | | amount equal to the amount of the fee imposed pursuant to |
| 13 | | subsection 1 of this Section, except the fee imposed under this |
| 14 | | subsection may not be more than $15. This additional fee shall |
| 15 | | be paid by the defendant upon a judgment of guilty or grant of |
| 16 | | supervision for a violation under the State Parks Act, the |
| 17 | | Recreational Trails of Illinois Act, the Illinois Explosives |
| 18 | | Act, the Timber Buyers Licensing Act, the Forest Products |
| 19 | | Transportation Act, the Firearm Owners Identification Card and |
| 20 | | Certificate of Handgun Registration Act, the Environmental |
| 21 | | Protection Act, the Fish and Aquatic Life Code, the Wildlife |
| 22 | | Code, the Cave Protection Act, the Illinois Exotic Weed Act, |
| 23 | | the Illinois Forestry Development Act, the Ginseng Harvesting |
| 24 | | Act, the Illinois Lake Management Program Act, the Illinois |
| 25 | | Natural Areas Preservation Act, the Illinois Open Land Trust |
| 26 | | Act, the Open Space Lands Acquisition and Development Act, the |
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| 1 | | Illinois Prescribed Burning Act, the State Forest Act, the |
| 2 | | Water Use Act of 1983, the Illinois Veteran, Youth, and Young |
| 3 | | Adult Conservation Jobs Act, the Snowmobile Registration and |
| 4 | | Safety Act, the Boat Registration and Safety Act, the Illinois |
| 5 | | Dangerous Animals Act, the Hunter and Fishermen Interference |
| 6 | | Prohibition Act, the Wrongful Tree Cutting Act, or Section |
| 7 | | 11-1426.1, 11-1426.2, 11-1427, 11-1427.1, 11-1427.2, |
| 8 | | 11-1427.3, 11-1427.4, or 11-1427.5 of the Illinois Vehicle |
| 9 | | Code, or Section 48-3 or 48-10 of the Criminal Code of 2012. |
| 10 | | 2. With respect to the fee imposed under subsection 1 of |
| 11 | | this Section, each clerk shall commence such charges and |
| 12 | | collections upon receipt
of written notice from the chairman of |
| 13 | | the county board together with a
certified copy of the board's |
| 14 | | resolution, which the clerk shall file of
record in his office.
|
| 15 | | 3. With respect to the fee imposed under subsection 1 of |
| 16 | | this Section, such fees shall be in addition to all other fees |
| 17 | | and charges of such
clerks, and assessable as costs, and may be |
| 18 | | waived only if the judge
specifically provides for the waiver |
| 19 | | of the court automation fee. The
fees shall be remitted monthly |
| 20 | | by such clerk to the county treasurer, to be
retained by him in |
| 21 | | a special fund designated as the court automation fund.
The |
| 22 | | fund shall be audited by the county auditor, and the board |
| 23 | | shall make
expenditure from the fund in payment of any cost |
| 24 | | related to the automation
of court records, including hardware, |
| 25 | | software, research and development
costs and personnel related |
| 26 | | thereto, provided that the expenditure is
approved by the clerk |
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| 1 | | of the court and by the chief judge of the circuit
court or his |
| 2 | | designate.
|
| 3 | | 4. With respect to the fee imposed under subsection 1 of |
| 4 | | this Section, such fees shall not be charged in any matter |
| 5 | | coming to any such clerk
on change of venue, nor in any |
| 6 | | proceeding to review the decision of any
administrative |
| 7 | | officer, agency or body.
|
| 8 | | 5. With respect to the additional fee imposed under |
| 9 | | subsection 1.5 of this Section, the fee shall be remitted by |
| 10 | | the circuit clerk to the State Treasurer within one month after |
| 11 | | receipt for deposit into the State Police Operations Assistance |
| 12 | | Fund. |
| 13 | | 6. With respect to the additional fees imposed under |
| 14 | | subsection 1.5 of this Section, the Director of State Police |
| 15 | | may direct the use of these fees for homeland security purposes |
| 16 | | by transferring these fees on a quarterly basis from the State |
| 17 | | Police Operations Assistance Fund into the Illinois Law |
| 18 | | Enforcement Alarm Systems (ILEAS) Fund for homeland security |
| 19 | | initiatives programs. The transferred fees shall be allocated, |
| 20 | | subject to the approval of the ILEAS Executive Board, as |
| 21 | | follows: (i) 66.6% shall be used for homeland security |
| 22 | | initiatives and (ii) 33.3% shall be used for airborne |
| 23 | | operations. The ILEAS Executive Board shall annually supply the |
| 24 | | Director of State Police with a report of the use of these |
| 25 | | fees. |
| 26 | | 7. With respect to the additional fee imposed under |
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| 1 | | subsection 1.6 of this Section, the fee shall be remitted by |
| 2 | | the circuit clerk to the State Treasurer within one month after |
| 3 | | receipt for deposit into the Conservation Police Operations |
| 4 | | Assistance Fund. |
| 5 | | (Source: P.A. 97-46, eff. 7-1-12; 97-453, eff. 8-19-11; 97-738, |
| 6 | | eff. 7-5-12; 97-761, eff. 7-6-12; 97-813, eff. 7-13-12; |
| 7 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-375, eff. |
| 8 | | 8-16-13; 98-606, eff. 6-1-14; 98-1016, eff. 8-22-14.)
|
| 9 | | Section 40. The Criminal Code of 2012 is amended by |
| 10 | | changing Sections 2-7.1, 2-7.5, 12-3.05, 17-30, 24-1.1, |
| 11 | | 24-1.6, 24-2, 24-3, 24-3.2, 24-3.4, 24-3.5, and 24-9 as |
| 12 | | follows:
|
| 13 | | (720 ILCS 5/2-7.1)
|
| 14 | | Sec. 2-7.1. "Firearm" and "firearm ammunition". "Firearm" |
| 15 | | and "firearm
ammunition" have the meanings ascribed to them in |
| 16 | | Section 1.1 of the Firearm
Owners Identification Card and |
| 17 | | Certificate of Handgun Registration Act.
|
| 18 | | (Source: P.A. 91-544, eff. 1-1-00.)
|
| 19 | | (720 ILCS 5/2-7.5)
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| 20 | | Sec. 2-7.5. "Firearm". Except as otherwise provided in a |
| 21 | | specific
Section, "firearm" has the meaning ascribed to it in |
| 22 | | Section 1.1 of the
Firearm Owners Identification Card and |
| 23 | | Certificate of Handgun Registration Act.
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| 1 | | (Source: P.A. 95-331, eff. 8-21-07.)
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| 2 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
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| 3 | | Sec. 12-3.05. Aggravated battery.
|
| 4 | | (a) Offense based on injury. A person commits aggravated |
| 5 | | battery when, in committing a battery, other than by the |
| 6 | | discharge of a firearm, he or she knowingly does any of the |
| 7 | | following: |
| 8 | | (1) Causes great bodily harm or permanent disability or |
| 9 | | disfigurement. |
| 10 | | (2) Causes severe and permanent disability, great |
| 11 | | bodily harm, or disfigurement by means of a caustic or |
| 12 | | flammable substance, a poisonous gas, a deadly biological |
| 13 | | or chemical contaminant or agent, a radioactive substance, |
| 14 | | or a bomb or explosive compound. |
| 15 | | (3) Causes great bodily harm or permanent disability or |
| 16 | | disfigurement to an individual whom the person knows to be |
| 17 | | a peace officer, community policing volunteer, fireman, |
| 18 | | private security officer, correctional institution |
| 19 | | employee, or Department of Human Services employee |
| 20 | | supervising or controlling sexually dangerous persons or |
| 21 | | sexually violent persons: |
| 22 | | (i) performing his or her official duties; |
| 23 | | (ii) battered to prevent performance of his or her |
| 24 | | official duties; or |
| 25 | | (iii) battered in retaliation for performing his |
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| 1 | | or her official duties. |
| 2 | | (4) Causes great bodily harm or permanent disability or |
| 3 | | disfigurement to an individual 60 years of age or older. |
| 4 | | (5) Strangles another individual. |
| 5 | | (b) Offense based on injury to a child or intellectually |
| 6 | | disabled person. A person who is at least 18 years of age |
| 7 | | commits aggravated battery when, in committing a battery, he or |
| 8 | | she knowingly and without legal justification by any means: |
| 9 | | (1) causes great bodily harm or permanent disability or |
| 10 | | disfigurement to any child under the age of 13 years, or to |
| 11 | | any severely or profoundly intellectually disabled person; |
| 12 | | or |
| 13 | | (2) causes bodily harm or disability or disfigurement |
| 14 | | to any child under the age of 13 years or to any severely |
| 15 | | or profoundly intellectually disabled person. |
| 16 | | (c) Offense based on location of conduct. A person commits |
| 17 | | aggravated battery when, in committing a battery, other than by |
| 18 | | the discharge of a firearm, he or she is or the person battered |
| 19 | | is on or about a public way, public property, a public place of |
| 20 | | accommodation or amusement, a sports venue, or a domestic |
| 21 | | violence shelter. |
| 22 | | (d) Offense based on status of victim. A person commits |
| 23 | | aggravated battery when, in committing a battery, other than by |
| 24 | | discharge of a firearm, he or she knows the individual battered |
| 25 | | to be any of the following: |
| 26 | | (1) A person 60 years of age or older. |
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| 1 | | (2) A person who is pregnant or physically handicapped. |
| 2 | | (3) A teacher or school employee upon school grounds or |
| 3 | | grounds adjacent to a school or in any part of a building |
| 4 | | used for school purposes. |
| 5 | | (4) A peace officer, community policing volunteer, |
| 6 | | fireman, private security officer, correctional |
| 7 | | institution employee, or Department of Human Services |
| 8 | | employee supervising or controlling sexually dangerous |
| 9 | | persons or sexually violent persons: |
| 10 | | (i) performing his or her official duties; |
| 11 | | (ii) battered to prevent performance of his or her |
| 12 | | official duties; or |
| 13 | | (iii) battered in retaliation for performing his |
| 14 | | or her official duties. |
| 15 | | (5) A judge, emergency management worker, emergency |
| 16 | | medical technician, or utility worker: |
| 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 | | (6) An officer or employee of the State of Illinois, a |
| 23 | | unit of local government, or a school district, while |
| 24 | | performing his or her official duties. |
| 25 | | (7) A transit employee performing his or her official |
| 26 | | duties, or a transit passenger. |
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| 1 | | (8) A taxi driver on duty. |
| 2 | | (9) A merchant who detains the person for an alleged |
| 3 | | commission of retail theft under Section 16-26 of this Code |
| 4 | | and the person without legal justification by any means |
| 5 | | causes bodily harm to the merchant. |
| 6 | | (10) A person authorized to serve process under Section |
| 7 | | 2-202 of the Code of Civil Procedure or a special process |
| 8 | | server appointed by the circuit court while that individual |
| 9 | | is in the performance of his or her duties as a process |
| 10 | | server. |
| 11 | | (11) A nurse while in the performance of his or her |
| 12 | | duties as a nurse. |
| 13 | | (e) Offense based on use of a firearm. A person commits |
| 14 | | aggravated battery when, in committing a battery, he or she |
| 15 | | knowingly does any of the following: |
| 16 | | (1) Discharges a firearm, other than a machine gun or a |
| 17 | | firearm equipped with a silencer, and causes any injury to |
| 18 | | another person. |
| 19 | | (2) Discharges a firearm, other than a machine gun or a |
| 20 | | firearm equipped with a silencer, and causes any injury to |
| 21 | | a person he or she knows to be a peace officer, community |
| 22 | | policing volunteer, person summoned by a police officer, |
| 23 | | fireman, private security officer, correctional |
| 24 | | institution employee, or emergency management worker: |
| 25 | | (i) performing his or her official duties; |
| 26 | | (ii) battered to prevent performance of his or her |
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| 1 | | official duties; or |
| 2 | | (iii) battered in retaliation for performing his |
| 3 | | or her official duties. |
| 4 | | (3) Discharges a firearm, other than a machine gun or a |
| 5 | | firearm equipped with a silencer, and causes any injury to |
| 6 | | a person he or she knows to be an emergency medical |
| 7 | | technician employed by a municipality or other |
| 8 | | governmental unit: |
| 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 | | (4) Discharges a firearm and causes any injury to a |
| 15 | | person he or she knows to be a teacher, a student in a |
| 16 | | school, or a school employee, and the teacher, student, or |
| 17 | | employee is upon school grounds or grounds adjacent to a |
| 18 | | school or in any part of a building used for school |
| 19 | | purposes. |
| 20 | | (5) Discharges a machine gun or a firearm equipped with |
| 21 | | a silencer, and causes any injury to another person. |
| 22 | | (6) Discharges a machine gun or a firearm equipped with |
| 23 | | a silencer, and causes any injury to a person he or she |
| 24 | | knows to be a peace officer, community policing volunteer, |
| 25 | | person summoned by a police officer, fireman, private |
| 26 | | security officer, correctional institution employee or |
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| 1 | | emergency management worker: |
| 2 | | (i) performing his or her official duties; |
| 3 | | (ii) battered to prevent performance of his or her |
| 4 | | official duties; or |
| 5 | | (iii) battered in retaliation for performing his |
| 6 | | or her official duties. |
| 7 | | (7) Discharges a machine gun or a firearm equipped with |
| 8 | | a silencer, and causes any injury to a person he or she |
| 9 | | knows to be an emergency medical technician employed by a |
| 10 | | municipality or other governmental unit: |
| 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 | | (8) Discharges a machine gun or a firearm equipped with |
| 17 | | a silencer, and causes any injury to a person he or she |
| 18 | | knows to be a teacher, or a student in a school, or a |
| 19 | | school employee, and the teacher, student, or employee is |
| 20 | | upon school grounds or grounds adjacent to a school or in |
| 21 | | any part of a building used for school purposes. |
| 22 | | (f) Offense based on use of a weapon or device. A person |
| 23 | | commits aggravated battery when, in committing a battery, he or |
| 24 | | she does any of the following: |
| 25 | | (1) Uses a deadly weapon other than by discharge of a |
| 26 | | firearm, or uses an air rifle as defined in Section |
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| 1 | | 24.8-0.1 of this Code. |
| 2 | | (2) Wears a hood, robe, or mask to conceal his or her |
| 3 | | identity. |
| 4 | | (3) Knowingly and without lawful justification shines |
| 5 | | or flashes a laser gunsight or other laser device attached |
| 6 | | to a firearm, or used in concert with a firearm, so that |
| 7 | | the laser beam strikes upon or against the person of |
| 8 | | another. |
| 9 | | (4) Knowingly video or audio records the offense with |
| 10 | | the intent to disseminate the recording. |
| 11 | | (g) Offense based on certain conduct. A person commits |
| 12 | | aggravated battery when, other than by discharge of a firearm, |
| 13 | | he or she does any of the following: |
| 14 | | (1) Violates Section 401 of the Illinois Controlled |
| 15 | | Substances Act by unlawfully delivering a controlled |
| 16 | | substance to another and any user experiences great bodily |
| 17 | | harm or permanent disability as a result of the injection, |
| 18 | | inhalation, or ingestion of any amount of the controlled |
| 19 | | substance. |
| 20 | | (2) Knowingly administers to an individual or causes |
| 21 | | him or her to take, without his or her consent or by threat |
| 22 | | or deception, and for other than medical purposes, any |
| 23 | | intoxicating, poisonous, stupefying, narcotic, anesthetic, |
| 24 | | or controlled substance, or gives to another person any |
| 25 | | food containing any substance or object intended to cause |
| 26 | | physical injury if eaten. |
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| 1 | | (3) Knowingly causes or attempts to cause a |
| 2 | | correctional institution employee or Department of Human |
| 3 | | Services employee to come into contact with blood, seminal |
| 4 | | fluid, urine, or feces by throwing, tossing, or expelling |
| 5 | | the fluid or material, and the person is an inmate of a |
| 6 | | penal institution or is a sexually dangerous person or |
| 7 | | sexually violent person in the custody of the Department of |
| 8 | | Human Services. |
| 9 | | (h) Sentence. Unless otherwise provided, aggravated |
| 10 | | battery is a Class 3 felony. |
| 11 | | Aggravated battery as defined in subdivision (a)(4), |
| 12 | | (d)(4), or (g)(3) is a Class 2 felony. |
| 13 | | Aggravated battery as defined in subdivision (a)(3) or |
| 14 | | (g)(1) is a Class 1 felony. |
| 15 | | Aggravated battery as defined in subdivision (a)(1) is a |
| 16 | | Class 1 felony when the aggravated battery was intentional and |
| 17 | | involved the infliction of torture, as defined in paragraph |
| 18 | | (14) of subsection (b) of Section 9-1 of this Code, as the |
| 19 | | infliction of or subjection to extreme physical pain, motivated |
| 20 | | by an intent to increase or prolong the pain, suffering, or |
| 21 | | agony of the victim. |
| 22 | | Aggravated battery under subdivision (a)(5) is a
Class 1 |
| 23 | | felony if: |
| 24 | | (A) the person used or attempted to use a dangerous
|
| 25 | | instrument while committing the offense; or |
| 26 | | (B) the person caused great bodily harm or
permanent |
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| 1 | | disability or disfigurement to the other
person while |
| 2 | | committing the offense; or |
| 3 | | (C) the person has been previously convicted of a
|
| 4 | | violation of subdivision (a)(5) under the laws of this
|
| 5 | | State or laws similar to subdivision (a)(5) of any other
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| 6 | | state. |
| 7 | | Aggravated battery as defined in subdivision (e)(1) is a |
| 8 | | Class X felony. |
| 9 | | Aggravated battery as defined in subdivision (a)(2) is a |
| 10 | | Class X felony for which a person shall be sentenced to a term |
| 11 | | of imprisonment of a minimum of 6 years and a maximum of 45 |
| 12 | | years. |
| 13 | | Aggravated battery as defined in subdivision (e)(5) is a |
| 14 | | Class X felony for which a person shall be sentenced to a term |
| 15 | | of imprisonment of a minimum of 12 years and a maximum of 45 |
| 16 | | years. |
| 17 | | Aggravated battery as defined in subdivision (e)(2), |
| 18 | | (e)(3), or (e)(4) is a Class X felony for which a person shall |
| 19 | | be sentenced to a term of imprisonment of a minimum of 15 years |
| 20 | | and a maximum of 60 years. |
| 21 | | Aggravated battery as defined in subdivision (e)(6), |
| 22 | | (e)(7), or (e)(8) is a Class X felony for which a person shall |
| 23 | | be sentenced to a term of imprisonment of a minimum of 20 years |
| 24 | | and a maximum of 60 years. |
| 25 | | Aggravated battery as defined in subdivision (b)(1) is a |
| 26 | | Class X felony, except that: |
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| 1 | | (1) if the person committed the offense while armed |
| 2 | | with a firearm, 15 years shall be added to the term of |
| 3 | | imprisonment imposed by the court; |
| 4 | | (2) if, during the commission of the offense, the |
| 5 | | person personally discharged a firearm, 20 years shall be |
| 6 | | added to the term of imprisonment imposed by the court; |
| 7 | | (3) if, during the commission of the offense, the |
| 8 | | person personally discharged a firearm that proximately |
| 9 | | caused great bodily harm, permanent disability, permanent |
| 10 | | disfigurement, or death to another person, 25 years or up |
| 11 | | to a term of natural life shall be added to the term of |
| 12 | | imprisonment imposed by the court. |
| 13 | | (i) Definitions. For the purposes of this Section: |
| 14 | | "Building or other structure used to provide shelter" has |
| 15 | | the meaning ascribed to "shelter" in Section 1 of the Domestic |
| 16 | | Violence Shelters Act. |
| 17 | | "Domestic violence" has the meaning ascribed to it in |
| 18 | | Section 103 of the Illinois Domestic Violence Act of 1986. |
| 19 | | "Domestic violence shelter" means any building or other |
| 20 | | structure used to provide shelter or other services to victims |
| 21 | | or to the dependent children of victims of domestic violence |
| 22 | | pursuant to the Illinois Domestic Violence Act of 1986 or the |
| 23 | | Domestic Violence Shelters Act, or any place within 500 feet of |
| 24 | | such a building or other structure in the case of a person who |
| 25 | | is going to or from such a building or other structure. |
| 26 | | "Firearm" has the meaning provided under Section 1.1
of the |
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| 1 | | Firearm Owners Identification Card and Certificate of Handgun |
| 2 | | Registration Act, and does
not include an air rifle as defined |
| 3 | | by Section 24.8-0.1 of this Code. |
| 4 | | "Machine gun" has the meaning ascribed to it in Section |
| 5 | | 24-1 of this Code. |
| 6 | | "Merchant" has the meaning ascribed to it in Section 16-0.1 |
| 7 | | of this Code. |
| 8 | | "Strangle" means
intentionally impeding the normal |
| 9 | | breathing or circulation of the blood of an individual by |
| 10 | | applying pressure on the throat
or neck of that individual or |
| 11 | | by blocking the nose or mouth of
that individual.
|
| 12 | | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff. |
| 13 | | 1-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109, |
| 14 | | eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, |
| 15 | | eff. 7-16-14.)
|
| 16 | | (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
|
| 17 | | Sec. 17-30. Defaced, altered, or removed manufacturer or |
| 18 | | owner identification number. |
| 19 | | (a) Unlawful sale of household appliances. A person commits |
| 20 | | unlawful
sale of household
appliances when he or she knowingly, |
| 21 | | with the intent to defraud or deceive
another, keeps for sale, |
| 22 | | within any commercial
context, any household appliance with a |
| 23 | | missing, defaced, obliterated, or
otherwise altered |
| 24 | | manufacturer's identification number.
|
| 25 | | (b) Construction equipment identification defacement. A |
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| 1 | | person commits construction equipment identification |
| 2 | | defacement when he or she knowingly changes,
alters, removes, |
| 3 | | mutilates, or
obliterates a permanently affixed serial number, |
| 4 | | product identification number,
part number, component |
| 5 | | identification number, owner-applied identification,
or other |
| 6 | | mark of identification attached to or stamped, inscribed, |
| 7 | | molded,
or etched into a machine or other equipment, whether |
| 8 | | stationary or mobile
or self-propelled, or a part of such |
| 9 | | machine or equipment, used in the construction,
maintenance, or |
| 10 | | demolition of buildings, structures, bridges, tunnels, sewers,
|
| 11 | | utility pipes or lines, ditches or open cuts, roads, highways, |
| 12 | | dams, airports,
or waterways or in material handling for such |
| 13 | | projects. |
| 14 | | The trier of fact may infer that the defendant has |
| 15 | | knowingly changed, altered, removed, or obliterated the serial |
| 16 | | number, product identification number, part number, component |
| 17 | | identification number, owner-applied identification number, or |
| 18 | | other mark of identification, if the defendant was in |
| 19 | | possession of any machine or other equipment or a part of such |
| 20 | | machine
or equipment used in the construction, maintenance, or |
| 21 | | demolition of buildings,
structures, bridges, tunnels, sewers, |
| 22 | | utility pipes or lines, ditches or
open cuts, roads, highways, |
| 23 | | dams, airports, or waterways or in material handling
for such |
| 24 | | projects upon which any such serial number, product |
| 25 | | identification
number, part number, component identification |
| 26 | | number, owner-applied identification
number, or other mark of |
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| 1 | | identification has been changed, altered,
removed, or |
| 2 | | obliterated. |
| 3 | | (c) Defacement of manufacturer's serial number or |
| 4 | | identification mark. A person commits defacement of a |
| 5 | | manufacturer's serial number or identification mark when he or |
| 6 | | she knowingly removes, alters, defaces, covers, or destroys the
|
| 7 | | manufacturer's serial number or any other manufacturer's |
| 8 | | number or
distinguishing identification mark upon any machine |
| 9 | | or other article of
merchandise, other than a motor vehicle as |
| 10 | | defined in Section 1-146 of the
Illinois Vehicle Code or a |
| 11 | | firearm as defined in the Firearm Owners Identification Card |
| 12 | | and Certificate of Handgun Registration Act, with the intent of |
| 13 | | concealing or destroying the
identity of such machine or other |
| 14 | | article of merchandise. |
| 15 | | (d) Sentence. |
| 16 | | (1) A violation of subsection (a) of this Section is a |
| 17 | | Class 4 felony if the value
of the appliance or appliances |
| 18 | | exceeds $1,000 and a Class B misdemeanor if
the value of |
| 19 | | the appliance or appliances is $1,000 or less.
|
| 20 | | (2) A violation of subsection (b) of this Section is a |
| 21 | | Class A misdemeanor. |
| 22 | | (3) A violation of subsection (c) of this Section is a |
| 23 | | Class B misdemeanor. |
| 24 | | (e) No liability shall be imposed upon any person for the |
| 25 | | unintentional
failure to comply with subsection (a).
|
| 26 | | (f) Definitions. In this Section: |
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| 1 | | "Commercial context" means a continuing business |
| 2 | | enterprise conducted
for profit by any person whose primary |
| 3 | | business is the wholesale or retail
marketing of household |
| 4 | | appliances, or a significant portion of whose business
or |
| 5 | | inventory consists of household appliances
kept or sold on a |
| 6 | | wholesale or retail basis. |
| 7 | | "Household appliance" means any gas or electric device or |
| 8 | | machine
marketed for use as home entertainment or for |
| 9 | | facilitating or expediting
household tasks or chores. The term |
| 10 | | shall include but not necessarily be
limited to refrigerators, |
| 11 | | freezers, ranges, radios, television sets, vacuum
cleaners, |
| 12 | | toasters, dishwashers, and other similar household items. |
| 13 | | "Manufacturer's identification number" means any serial |
| 14 | | number or
other similar numerical or alphabetical designation |
| 15 | | imprinted upon or attached
to or placed, stamped, or otherwise |
| 16 | | imprinted upon or attached to a household
appliance or item by |
| 17 | | the manufacturer for purposes of identifying a particular
|
| 18 | | appliance or item individually or by lot number. |
| 19 | | (Source: P.A. 96-1551, eff. 7-1-11.)
|
| 20 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
|
| 21 | | Sec. 24-1.1. Unlawful Use or Possession of Weapons by |
| 22 | | Felons or
Persons in the Custody of the
Department of |
| 23 | | Corrections Facilities. |
| 24 | | (a) It is unlawful
for a person to knowingly possess on or |
| 25 | | about his person or on his land or
in his own abode or fixed |
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| 1 | | place of business any weapon prohibited under
Section 24-1 of |
| 2 | | this Act or any firearm or any firearm ammunition if the
person |
| 3 | | has been convicted of a felony under the laws of this State or |
| 4 | | any
other jurisdiction. This Section shall not apply if the |
| 5 | | person has been
granted relief by the Director of the |
| 6 | | Department of State Police
under Section 10 of the Firearm |
| 7 | | Owners Identification
Card and Certificate of Handgun |
| 8 | | Registration Act.
|
| 9 | | (b) It is unlawful for any person confined in a penal |
| 10 | | institution,
which is a facility of the Illinois Department of |
| 11 | | Corrections, to possess
any weapon prohibited under Section |
| 12 | | 24-1 of this Code or any firearm or
firearm ammunition, |
| 13 | | regardless of the intent with which he possesses it.
|
| 14 | | (c) It shall be an affirmative defense to a violation of |
| 15 | | subsection (b), that such possession was specifically |
| 16 | | authorized by rule,
regulation, or directive of the Illinois |
| 17 | | Department of Corrections or order
issued pursuant thereto.
|
| 18 | | (d) The defense of necessity is not available to a person |
| 19 | | who is charged
with a violation of subsection (b) of this |
| 20 | | Section.
|
| 21 | | (e) Sentence. Violation of this Section by a person not |
| 22 | | confined
in a penal institution shall be a Class 3 felony
for |
| 23 | | which the person shall be sentenced to no less than 2 years and |
| 24 | | no
more than 10 years and any second or subsequent violation |
| 25 | | shall be a Class 2 felony for which the person shall be |
| 26 | | sentenced to a term of imprisonment of not less than 3 years |
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| 1 | | and not more than 14 years. Violation of this Section by a |
| 2 | | person not confined in a
penal institution who has been |
| 3 | | convicted of a forcible felony, a felony
violation of Article |
| 4 | | 24 of this Code or of the Firearm Owners Identification
Card |
| 5 | | and Certificate of Handgun Registration Act, stalking or |
| 6 | | aggravated stalking, or a Class 2 or greater felony
under the |
| 7 | | Illinois Controlled Substances Act, the Cannabis Control Act, |
| 8 | | or the Methamphetamine Control and Community Protection Act is |
| 9 | | a
Class 2 felony for which the person
shall be sentenced to not |
| 10 | | less than 3 years and not more than 14 years.
Violation of this |
| 11 | | Section by a person who is on parole or mandatory supervised
|
| 12 | | release is a Class 2 felony for which the person shall be |
| 13 | | sentenced to not less than 3 years and not more than 14
years. |
| 14 | | Violation of this Section by a person not confined in a penal
|
| 15 | | institution is a Class X felony when the firearm possessed is a |
| 16 | | machine gun.
Any person who violates this Section while |
| 17 | | confined in a penal
institution, which is a facility of the |
| 18 | | Illinois Department of
Corrections, is guilty of a Class 1
|
| 19 | | felony, if he possesses any weapon prohibited under Section |
| 20 | | 24-1 of this
Code regardless of the intent with which he |
| 21 | | possesses it, a Class X
felony if he possesses any firearm, |
| 22 | | firearm ammunition or explosive, and a
Class X felony for which |
| 23 | | the offender shall be sentenced to not less than 12
years and |
| 24 | | not more than 50 years when the firearm possessed is a machine
|
| 25 | | gun. A violation of this Section while wearing or in possession |
| 26 | | of body armor as defined in Section 33F-1 is a Class X felony |
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| 1 | | punishable by a term of imprisonment of not less than 10 years |
| 2 | | and not more than 40 years.
The possession of each firearm or |
| 3 | | firearm ammunition in violation of this Section constitutes a |
| 4 | | single and separate violation.
|
| 5 | | (Source: P.A. 97-237, eff. 1-1-12.)
|
| 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 use |
| 9 | | 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 or |
| 16 | | taser or
other firearm; or |
| 17 | | (2) Carries or possesses on or about his or her person, |
| 18 | | upon any public
street, alley, or other public lands within |
| 19 | | the corporate limits of a city,
village or incorporated |
| 20 | | town, except when an invitee thereon or therein, for
the |
| 21 | | purpose of the display of such weapon or the lawful |
| 22 | | commerce in weapons, or
except when on his or her own land |
| 23 | | or in his or her own abode, legal dwelling, or fixed place |
| 24 | | of
business, or on the land or in the legal dwelling of |
| 25 | | another person as an invitee with that person's permission, |
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| 1 | | any pistol, revolver, stun gun or taser or other firearm; |
| 2 | | 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; or |
| 23 | | (C) the person possessing the firearm has not been |
| 24 | | issued a currently
valid Firearm Owner's |
| 25 | | Identification Card; or |
| 26 | | (D) the person possessing the weapon was |
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| 1 | | previously adjudicated
a delinquent minor under the |
| 2 | | Juvenile Court Act of 1987 for an act that if
committed |
| 3 | | by an adult would be a felony; or |
| 4 | | (E) the person possessing the weapon was engaged in |
| 5 | | a misdemeanor
violation of the Cannabis
Control Act, in |
| 6 | | a misdemeanor violation of the Illinois Controlled |
| 7 | | Substances
Act, or in a misdemeanor violation of the |
| 8 | | Methamphetamine Control and Community Protection Act; |
| 9 | | or |
| 10 | | (F) (blank); or |
| 11 | | (G) the person possessing the weapon had a order of |
| 12 | | protection issued
against him or her within the |
| 13 | | previous 2 years; or |
| 14 | | (H) the person possessing the weapon was engaged in |
| 15 | | the commission or
attempted commission of
a |
| 16 | | misdemeanor involving the use or threat of violence |
| 17 | | against
the person or property of another; or |
| 18 | | (I) the person possessing the weapon was under 21 |
| 19 | | years of age and in
possession of a handgun, unless the |
| 20 | | person under 21
is engaged in lawful activities under |
| 21 | | the Wildlife Code or described in
subsection |
| 22 | | 24-2(b)(1), (b)(3), or 24-2(f). |
| 23 | | (a-5) "Handgun" as used in this Section has the meaning |
| 24 | | given to it in Section 5 of the Firearm Concealed Carry Act. |
| 25 | | (b) "Stun gun or taser" as used in this Section has the |
| 26 | | same definition
given to it in Section 24-1 of this Code. |
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| 1 | | (c) This Section does not apply to or affect the |
| 2 | | transportation or
possession
of weapons that: |
| 3 | | (i) are broken down in a non-functioning state; or |
| 4 | | (ii) are not immediately accessible; or |
| 5 | | (iii) are unloaded and enclosed in a case, firearm |
| 6 | | carrying box,
shipping box, or other container by a person |
| 7 | | who has been issued a currently
valid Firearm Owner's
|
| 8 | | Identification Card. |
| 9 | | (d) Sentence. |
| 10 | | (1) Aggravated unlawful use of a weapon is a Class 4 |
| 11 | | felony;
a second or subsequent offense is a Class 2 felony |
| 12 | | for which the person shall be sentenced to a term of |
| 13 | | imprisonment of not less than 3 years and not more than 7 |
| 14 | | years. |
| 15 | | (2) Except as otherwise provided in paragraphs (3) and |
| 16 | | (4) of this subsection (d), a first offense of aggravated |
| 17 | | unlawful use of a weapon committed with a firearm by a |
| 18 | | person 18 years of age or older where the factors listed in |
| 19 | | both items (A) and (C) or both items (A-5) and (C) of |
| 20 | | paragraph (3) of subsection (a) are present is a Class 4 |
| 21 | | felony, for which the person shall be sentenced to a term |
| 22 | | of imprisonment of not less than one year and not more than |
| 23 | | 3 years. |
| 24 | | (3) Aggravated unlawful use of
a weapon by a person who |
| 25 | | has been previously
convicted of a felony in this State or |
| 26 | | another jurisdiction is a Class 2
felony for which the |
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| 1 | | person shall be sentenced to a term of imprisonment of not |
| 2 | | less than 3 years and not more than 7 years. |
| 3 | | (4) Aggravated unlawful use of a weapon while wearing |
| 4 | | or in possession of body armor as defined in Section 33F-1 |
| 5 | | by a person who has not been issued a valid Firearms |
| 6 | | Owner's Identification Card and Certificate of Handgun |
| 7 | | Registration in accordance with Section 5 of the Firearm |
| 8 | | Owners Identification Card Act is a Class X felony.
|
| 9 | | (e) The possession of each firearm in violation of this |
| 10 | | Section constitutes a single and separate violation. |
| 11 | | (Source: P.A. 98-63, eff. 7-9-13.)
|
| 12 | | (720 ILCS 5/24-2)
|
| 13 | | Sec. 24-2. Exemptions.
|
| 14 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
| 15 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of |
| 16 | | the following:
|
| 17 | | (1) Peace officers, and any person summoned by a peace |
| 18 | | officer to
assist in making arrests or preserving the |
| 19 | | peace, while actually engaged in
assisting such officer.
|
| 20 | | (2) Wardens, superintendents and keepers of prisons,
|
| 21 | | penitentiaries, jails and other institutions for the |
| 22 | | detention of persons
accused or convicted of an offense, |
| 23 | | while in the performance of their
official duty, or while |
| 24 | | commuting between their homes and places of employment.
|
| 25 | | (3) Members of the Armed Services or Reserve Forces of |
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| 1 | | the United States
or the Illinois National Guard or the |
| 2 | | Reserve Officers Training Corps,
while in the performance |
| 3 | | of their official duty.
|
| 4 | | (4) Special agents employed by a railroad or a public |
| 5 | | utility to
perform police functions, and guards of armored |
| 6 | | car companies, while
actually engaged in the performance of |
| 7 | | the duties of their employment or
commuting between their |
| 8 | | homes and places of employment; and watchmen
while actually |
| 9 | | engaged in the performance of the duties of their |
| 10 | | employment.
|
| 11 | | (5) Persons licensed as private security contractors, |
| 12 | | private
detectives, or private alarm contractors, or |
| 13 | | employed by an agency
certified by the Department of |
| 14 | | Financial and Professional Regulation, if their duties
|
| 15 | | include the carrying of a weapon under the provisions of |
| 16 | | the Private
Detective, Private Alarm,
Private Security, |
| 17 | | Fingerprint Vendor, and Locksmith Act of 2004,
while |
| 18 | | actually
engaged in the performance of the duties of their |
| 19 | | employment or commuting
between their homes and places of |
| 20 | | employment, provided that such commuting
is accomplished |
| 21 | | within one hour from departure from home or place of
|
| 22 | | employment, as the case may be. A person shall be |
| 23 | | considered eligible for this
exemption if he or she has |
| 24 | | completed the required 20
hours of training for a private |
| 25 | | security contractor, private
detective, or private alarm |
| 26 | | contractor, or employee of a licensed agency and 20 hours |
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| 1 | | of required firearm
training, and has been issued a firearm |
| 2 | | control card by
the Department of Financial and |
| 3 | | Professional Regulation. Conditions for the renewal of
|
| 4 | | firearm control cards issued under the provisions of this |
| 5 | | Section
shall be the same as for those cards issued under |
| 6 | | the provisions of the
Private Detective, Private Alarm,
|
| 7 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
| 8 | | 2004. The
firearm control card shall be carried by the |
| 9 | | private security contractor, private
detective, or private |
| 10 | | alarm contractor, or employee of the licensed agency at all
|
| 11 | | times when he or she is in possession of a concealable |
| 12 | | weapon.
|
| 13 | | (6) Any person regularly employed in a commercial or |
| 14 | | industrial
operation as a security guard for the protection |
| 15 | | of persons employed
and private property related to such |
| 16 | | commercial or industrial
operation, while actually engaged |
| 17 | | in the performance of his or her
duty or traveling between |
| 18 | | sites or properties belonging to the
employer, and who, as |
| 19 | | a security guard, is a member of a security force of
at |
| 20 | | least 5 persons 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 40 |
| 25 | | 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 20 hours of required |
| 4 | | firearm
training, and has been issued a firearm control |
| 5 | | card by
the Department of Financial and Professional |
| 6 | | Regulation. Conditions for the renewal of
firearm control |
| 7 | | cards issued under the provisions of this Section
shall be |
| 8 | | the same as for those cards issued under the provisions of |
| 9 | | the
Private Detective, Private Alarm,
Private Security, |
| 10 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm |
| 11 | | control card shall be carried by the security guard at all
|
| 12 | | times when he or she is in possession of a concealable |
| 13 | | weapon.
|
| 14 | | (7) Agents and investigators of the Illinois |
| 15 | | Legislative Investigating
Commission authorized by the |
| 16 | | Commission to carry the weapons specified in
subsections |
| 17 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
|
| 18 | | any investigation for the Commission.
|
| 19 | | (8) Persons employed by a financial institution for the |
| 20 | | protection of
other employees and property related to such |
| 21 | | financial institution, while
actually engaged in the |
| 22 | | performance of their duties, commuting between
their homes |
| 23 | | and places of employment, or traveling between sites or
|
| 24 | | properties owned or operated by such financial |
| 25 | | institution, provided that
any person so employed has |
| 26 | | successfully completed a course of study,
approved by and |
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| 1 | | supervised by the Department of Financial and Professional |
| 2 | | Regulation,
consisting of not less than 40 hours of |
| 3 | | training which includes theory of
law enforcement, |
| 4 | | liability for acts, and the handling of weapons.
A person |
| 5 | | shall be considered to be eligible for this exemption if he |
| 6 | | or
she has completed the required 20 hours of training for |
| 7 | | a security officer
and 20 hours of required firearm |
| 8 | | training, and has been issued a
firearm control card by the |
| 9 | | Department of Financial and Professional Regulation.
|
| 10 | | Conditions for renewal of firearm control cards issued |
| 11 | | under the
provisions of this Section shall be the same as |
| 12 | | for those issued under the
provisions of the Private |
| 13 | | Detective, Private Alarm,
Private Security, Fingerprint |
| 14 | | Vendor, and Locksmith Act of 2004.
Such firearm control |
| 15 | | card shall be carried by the person so
trained at all times |
| 16 | | when such person is in possession of a concealable
weapon. |
| 17 | | For purposes of this subsection, "financial institution" |
| 18 | | means a
bank, savings and loan association, credit union or |
| 19 | | company providing
armored car services.
|
| 20 | | (9) Any person employed by an armored car company to |
| 21 | | drive an armored
car, while actually engaged in the |
| 22 | | performance of his duties.
|
| 23 | | (10) Persons who have been classified as peace officers |
| 24 | | pursuant
to the Peace Officer Fire Investigation Act.
|
| 25 | | (11) Investigators of the Office of the State's |
| 26 | | Attorneys Appellate
Prosecutor authorized by the board of |
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| 1 | | governors of the Office of the
State's Attorneys Appellate |
| 2 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the |
| 3 | | State's Attorneys Appellate Prosecutor's Act.
|
| 4 | | (12) Special investigators appointed by a State's |
| 5 | | Attorney under
Section 3-9005 of the Counties Code.
|
| 6 | | (12.5) Probation officers while in the performance of |
| 7 | | their duties, or
while commuting between their homes, |
| 8 | | places of employment or specific locations
that are part of |
| 9 | | their assigned duties, with the consent of the chief judge |
| 10 | | of
the circuit for which they are employed, if they have |
| 11 | | received weapons training according
to requirements of the |
| 12 | | Peace Officer and Probation Officer Firearm 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 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
| 6 | | 24-1.6 do not
apply to or affect
any of the following:
|
| 7 | | (1) Members of any club or organization organized for |
| 8 | | the purpose of
practicing shooting at targets upon |
| 9 | | established target ranges, whether
public or private, and |
| 10 | | patrons of such ranges, while such members
or patrons are |
| 11 | | using their firearms on those target ranges.
|
| 12 | | (2) Duly authorized military or civil organizations |
| 13 | | while parading,
with the special permission of the |
| 14 | | Governor.
|
| 15 | | (3) Hunters, trappers or fishermen with a license or
|
| 16 | | permit while engaged in hunting,
trapping or fishing.
|
| 17 | | (4) Transportation of weapons that are broken down in a
|
| 18 | | non-functioning state or are not immediately accessible.
|
| 19 | | (5) Carrying or possessing any pistol, revolver, stun |
| 20 | | gun or taser or other firearm on the land or in the legal |
| 21 | | dwelling of another person as an invitee with that person's |
| 22 | | permission. |
| 23 | | (c) Subsection 24-1(a)(7) does not apply to or affect any |
| 24 | | of the
following:
|
| 25 | | (1) Peace officers while in performance of their |
| 26 | | official duties.
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| 1 | | (2) Wardens, superintendents and keepers of prisons, |
| 2 | | penitentiaries,
jails and other institutions for the |
| 3 | | detention of persons accused or
convicted of an offense.
|
| 4 | | (3) Members of the Armed Services or Reserve Forces of |
| 5 | | the United States
or the Illinois National Guard, while in |
| 6 | | the performance of their official
duty.
|
| 7 | | (4) Manufacture, transportation, or sale of machine |
| 8 | | guns to persons
authorized under subdivisions (1) through |
| 9 | | (3) of this subsection to
possess machine guns, if the |
| 10 | | machine guns are broken down in a
non-functioning state or |
| 11 | | are not immediately accessible.
|
| 12 | | (5) Persons licensed under federal law to manufacture |
| 13 | | any weapon from
which 8 or more shots or bullets can be |
| 14 | | discharged by a
single function of the firing device, or |
| 15 | | ammunition for such weapons, and
actually engaged in the |
| 16 | | business of manufacturing such weapons or
ammunition, but |
| 17 | | only with respect to activities which are within the lawful
|
| 18 | | scope of such business, such as the manufacture, |
| 19 | | transportation, or testing
of such weapons or ammunition. |
| 20 | | This exemption does not authorize the
general private |
| 21 | | possession of any weapon from which 8 or more
shots or |
| 22 | | bullets can be discharged by a single function of the |
| 23 | | firing
device, but only such possession and activities as |
| 24 | | are within the lawful
scope of a licensed manufacturing |
| 25 | | business described in this paragraph.
|
| 26 | | During transportation, such weapons shall be broken |
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| 1 | | down in a
non-functioning state or not immediately |
| 2 | | accessible.
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| 3 | | (6) The manufacture, transport, testing, delivery, |
| 4 | | transfer or sale,
and all lawful commercial or experimental |
| 5 | | activities necessary thereto, of
rifles, shotguns, and |
| 6 | | weapons made from rifles or shotguns,
or ammunition for |
| 7 | | such rifles, shotguns or weapons, where engaged in
by a |
| 8 | | person operating as a contractor or subcontractor pursuant |
| 9 | | to a
contract or subcontract for the development and supply |
| 10 | | of such rifles,
shotguns, weapons or ammunition to the |
| 11 | | United States government or any
branch of the Armed Forces |
| 12 | | of the United States, when such activities are
necessary |
| 13 | | and incident to fulfilling the terms of such contract.
|
| 14 | | The exemption granted under this subdivision (c)(6)
|
| 15 | | shall also apply to any authorized agent of any such |
| 16 | | contractor or
subcontractor who is operating within the |
| 17 | | scope of his employment, where
such activities involving |
| 18 | | such weapon, weapons or ammunition are necessary
and |
| 19 | | incident to fulfilling the terms of such contract.
|
| 20 | | (7) A person possessing a rifle with a barrel or |
| 21 | | barrels less than 16 inches in length if: (A) the person |
| 22 | | has been issued a Curios and Relics license from the U.S. |
| 23 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) |
| 24 | | the person is an active member of a bona fide, nationally |
| 25 | | recognized military re-enacting group and the modification |
| 26 | | is required and necessary to accurately portray the weapon |
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| 1 | | for historical re-enactment purposes; the re-enactor is in |
| 2 | | possession of a valid and current re-enacting group |
| 3 | | membership credential; and the overall length of the weapon |
| 4 | | as modified is not less than 26 inches. |
| 5 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, |
| 6 | | possession
or carrying of a black-jack or slung-shot by a peace |
| 7 | | officer.
|
| 8 | | (e) Subsection 24-1(a)(8) does not apply to any owner, |
| 9 | | manager or
authorized employee of any place specified in that |
| 10 | | subsection nor to any
law enforcement officer.
|
| 11 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
| 12 | | Section 24-1.6
do not apply
to members of any club or |
| 13 | | organization organized for the purpose of practicing
shooting |
| 14 | | at targets upon established target ranges, whether public or |
| 15 | | private,
while using their firearms on those target ranges.
|
| 16 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
| 17 | | to:
|
| 18 | | (1) Members of the Armed Services or Reserve Forces of |
| 19 | | the United
States or the Illinois National Guard, while in |
| 20 | | the performance of their
official duty.
|
| 21 | | (2) Bonafide collectors of antique or surplus military |
| 22 | | ordinance.
|
| 23 | | (3) Laboratories having a department of forensic |
| 24 | | ballistics, or
specializing in the development of |
| 25 | | ammunition or explosive ordinance.
|
| 26 | | (4) Commerce, preparation, assembly or possession of |
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| 1 | | explosive
bullets by manufacturers of ammunition licensed |
| 2 | | by the federal government,
in connection with the supply of |
| 3 | | those organizations and persons exempted
by subdivision |
| 4 | | (g)(1) of this Section, or like organizations and persons
|
| 5 | | outside this State, or the transportation of explosive |
| 6 | | bullets to any
organization or person exempted in this |
| 7 | | Section by a common carrier or by a
vehicle owned or leased |
| 8 | | by an exempted manufacturer.
|
| 9 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect |
| 10 | | persons licensed
under federal law to manufacture any device or |
| 11 | | attachment of any kind designed,
used, or intended for use in |
| 12 | | silencing the report of any firearm, firearms, or
ammunition
|
| 13 | | for those firearms equipped with those devices, and actually |
| 14 | | engaged in the
business of manufacturing those devices, |
| 15 | | firearms, or ammunition, but only with
respect to
activities |
| 16 | | that are within the lawful scope of that business, such as the
|
| 17 | | manufacture, transportation, or testing of those devices, |
| 18 | | firearms, or
ammunition. This
exemption does not authorize the |
| 19 | | general private possession of any device or
attachment of any |
| 20 | | kind designed, used, or intended for use in silencing the
|
| 21 | | report of any firearm, but only such possession and activities |
| 22 | | as are within
the
lawful scope of a licensed manufacturing |
| 23 | | business described in this subsection
(g-5). During |
| 24 | | transportation, these devices shall be detached from any weapon
|
| 25 | | or
not immediately accessible.
|
| 26 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
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| 1 | | 24-1.6 do not apply to
or affect any parole agent or parole |
| 2 | | supervisor who meets the qualifications and conditions |
| 3 | | prescribed in Section 3-14-1.5 of the Unified Code of |
| 4 | | Corrections. |
| 5 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace |
| 6 | | officer while serving as a member of a tactical response team |
| 7 | | or special operations team. A peace officer may not personally |
| 8 | | own or apply for ownership of a device or attachment of any |
| 9 | | kind designed, used, or intended for use in silencing the |
| 10 | | report of any firearm. These devices shall be owned and |
| 11 | | maintained by lawfully recognized units of government whose |
| 12 | | duties include the investigation of criminal acts. |
| 13 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and |
| 14 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an |
| 15 | | athlete's possession, transport on official Olympic and |
| 16 | | Paralympic transit systems established for athletes, or use of |
| 17 | | competition firearms sanctioned by the International Olympic |
| 18 | | Committee, the International Paralympic Committee, the |
| 19 | | International Shooting Sport Federation, or USA Shooting in |
| 20 | | connection with such athlete's training for and participation |
| 21 | | in shooting competitions at the 2016 Olympic and Paralympic |
| 22 | | Games and sanctioned test events leading up to the 2016 Olympic |
| 23 | | and Paralympic Games. |
| 24 | | (h) An information or indictment based upon a violation of |
| 25 | | any
subsection of this Article need not negative any exemptions |
| 26 | | contained in
this Article. The defendant shall have the burden |
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| 1 | | 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 consigned |
| 5 | | to a common carrier operating
under license of the State of |
| 6 | | Illinois or the federal government, where
such transportation, |
| 7 | | carrying, or possession is incident to the lawful
|
| 8 | | transportation in which such common carrier is engaged; and |
| 9 | | nothing in this
Article shall prohibit, apply to, or affect the |
| 10 | | transportation, carrying,
or possession of any pistol, |
| 11 | | revolver, stun gun, taser, or other firearm,
not the subject of |
| 12 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of |
| 13 | | this Article, which is unloaded and enclosed in a case, firearm
|
| 14 | | carrying box, shipping box, or other container, by the |
| 15 | | possessor of a valid
Firearm Owners Identification Card or in |
| 16 | | the case of a handgun by the possessor of a valid certificate |
| 17 | | of handgun registration.
|
| 18 | | (Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; |
| 19 | | 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13; |
| 20 | | 98-463, eff. 8-16-13; 98-725, eff. 1-1-15.)
|
| 21 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
|
| 22 | | Sec. 24-3. Unlawful sale or delivery of firearms.
|
| 23 | | (A) A person commits the offense of unlawful sale or |
| 24 | | delivery of firearms when he
or she knowingly does any of the |
| 25 | | following:
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| 1 | | (a) Sells or gives any firearm of a size which may be |
| 2 | | concealed upon the
person to any person under 18 years of |
| 3 | | age.
|
| 4 | | (b) Sells or gives any firearm to a person under 21 |
| 5 | | years of age who has
been convicted of a misdemeanor other |
| 6 | | than a traffic offense or adjudged
delinquent.
|
| 7 | | (c) Sells or gives any firearm to any narcotic addict.
|
| 8 | | (d) Sells or gives any firearm to any person who has |
| 9 | | been convicted of a
felony under the laws of this or any |
| 10 | | other jurisdiction.
|
| 11 | | (e) Sells or gives any firearm to any person who has |
| 12 | | been a patient in a
mental institution within the past 5 |
| 13 | | years. In this subsection (e): |
| 14 | | "Mental institution" means any hospital, |
| 15 | | institution, clinic, evaluation facility, mental |
| 16 | | health center, or part thereof, which is used primarily |
| 17 | | for the care or treatment of persons with mental |
| 18 | | illness. |
| 19 | | "Patient in a mental institution" means the person |
| 20 | | was admitted, either voluntarily or involuntarily, to |
| 21 | | a mental institution for mental health treatment, |
| 22 | | unless the treatment was voluntary and solely for an |
| 23 | | alcohol abuse disorder and no other secondary |
| 24 | | substance abuse disorder or mental illness.
|
| 25 | | (f) Sells or gives any firearms to any person who is |
| 26 | | intellectually disabled.
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| 1 | | (g) Delivers any firearm of a size which may be |
| 2 | | concealed upon the
person, incidental to a sale, without |
| 3 | | withholding delivery of such firearm
for at least 72 hours |
| 4 | | after application for its purchase has been made, or
|
| 5 | | delivers any rifle, shotgun or other long gun, or a stun |
| 6 | | gun or taser, incidental to a sale,
without withholding |
| 7 | | delivery of such rifle, shotgun or other long gun, or a |
| 8 | | stun gun or taser for
at least 24 hours after application |
| 9 | | for its purchase has been made.
However,
this paragraph (g) |
| 10 | | does not apply to: (1) the sale of a firearm
to a law |
| 11 | | enforcement officer if the seller of the firearm knows that |
| 12 | | the person to whom he or she is selling the firearm is a |
| 13 | | law enforcement officer or the sale of a firearm to a |
| 14 | | person who desires to purchase a firearm for
use in |
| 15 | | promoting the public interest incident to his or her |
| 16 | | employment as a
bank guard, armed truck guard, or other |
| 17 | | similar employment; (2) a mail
order sale of a firearm to a |
| 18 | | nonresident of Illinois under which the firearm
is mailed |
| 19 | | to a point outside the boundaries of Illinois; (3) the sale
|
| 20 | | of a firearm to a nonresident of Illinois while at a |
| 21 | | firearm showing or display
recognized by the Illinois |
| 22 | | Department of State Police; or (4) the sale of a
firearm to |
| 23 | | a dealer licensed as a federal firearms dealer under |
| 24 | | Section 923
of the federal Gun Control Act of 1968 (18 |
| 25 | | U.S.C. 923). For purposes of this paragraph (g), |
| 26 | | "application" means when the buyer and seller reach an |
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| 1 | | agreement to purchase a firearm.
|
| 2 | | (h) While holding any license
as a dealer,
importer, |
| 3 | | manufacturer or pawnbroker
under the federal Gun Control |
| 4 | | Act of 1968,
manufactures, sells or delivers to any |
| 5 | | unlicensed person a handgun having
a barrel, slide, frame |
| 6 | | or receiver which is a die casting of zinc alloy or
any |
| 7 | | other nonhomogeneous metal which will melt or deform at a |
| 8 | | temperature
of less than 800 degrees Fahrenheit. For |
| 9 | | purposes of this paragraph, (1)
"firearm" is defined as in |
| 10 | | the Firearm Owners Identification Card and Certificate of |
| 11 | | Handgun Registration Act; and (2)
"handgun" is defined as a |
| 12 | | firearm designed to be held
and fired by the use of a |
| 13 | | single hand, and includes a combination of parts from
which |
| 14 | | such a firearm can be assembled.
|
| 15 | | (i) Sells or gives a firearm of any size to any person |
| 16 | | under 18 years of
age who does not possess a valid Firearm |
| 17 | | Owner's Identification Card.
|
| 18 | | (j) Sells or gives a firearm while engaged in the |
| 19 | | business of selling
firearms at wholesale or retail without |
| 20 | | being licensed as a federal firearms
dealer under Section |
| 21 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). |
| 22 | | In this paragraph (j):
|
| 23 | | A person "engaged in the business" means a person who |
| 24 | | devotes time,
attention, and
labor to
engaging in the |
| 25 | | activity as a regular course of trade or business with the
|
| 26 | | principal objective of livelihood and profit, but does not |
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| 1 | | include a person who
makes occasional repairs of firearms |
| 2 | | or who occasionally fits special barrels,
stocks, or |
| 3 | | trigger mechanisms to firearms.
|
| 4 | | "With the principal objective of livelihood and |
| 5 | | profit" means that the
intent
underlying the sale or |
| 6 | | disposition of firearms is predominantly one of
obtaining |
| 7 | | livelihood and pecuniary gain, as opposed to other intents, |
| 8 | | such as
improving or liquidating a personal firearms |
| 9 | | collection; however, proof of
profit shall not be required |
| 10 | | as to a person who engages in the regular and
repetitive |
| 11 | | purchase and disposition of firearms for criminal purposes |
| 12 | | or
terrorism.
|
| 13 | | (k) Sells or transfers ownership of a firearm to a |
| 14 | | person who does not display to the seller or transferor of |
| 15 | | the firearm a currently valid Firearm Owner's |
| 16 | | Identification Card that has previously been issued in the |
| 17 | | transferee's name by the Department of State Police under |
| 18 | | the provisions of the Firearm Owners Identification Card |
| 19 | | and Certificate of Handgun Registration Act. This |
| 20 | | paragraph (k) does not apply to the transfer of a firearm |
| 21 | | to a person who is exempt from the requirement of |
| 22 | | possessing a Firearm Owner's Identification Card under |
| 23 | | Section 2 of the Firearm Owners Identification Card and |
| 24 | | Certificate of Handgun Registration Act. For the purposes |
| 25 | | of this Section, a currently valid Firearm Owner's |
| 26 | | Identification Card means (i) a Firearm Owner's |
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| 1 | | Identification Card that has not expired or (ii) an |
| 2 | | approval number issued in accordance with subsection |
| 3 | | (a-10) of subsection 3 or Section 3.1 of the Firearm Owners |
| 4 | | Identification Card and Certificate of Handgun |
| 5 | | Registration Act shall be proof that the Firearm Owner's |
| 6 | | Identification Card was valid. |
| 7 | | (1) In addition to the other requirements of this |
| 8 | | paragraph (k), all persons who are not federally |
| 9 | | licensed firearms dealers must also have complied with |
| 10 | | subsection (a-10) of Section 3 of the Firearm Owners |
| 11 | | Identification Card Act by determining the validity of |
| 12 | | a purchaser's Firearm Owner's Identification Card. |
| 13 | | (2) All sellers or transferors who have complied |
| 14 | | with the requirements of subparagraph (1) of this |
| 15 | | paragraph (k) shall not be liable for damages in any |
| 16 | | civil action arising from the use or misuse by the |
| 17 | | transferee of the firearm transferred, except for |
| 18 | | willful or wanton misconduct on the part of the seller |
| 19 | | or transferor. |
| 20 | | (l) Not
being entitled to the possession of a firearm, |
| 21 | | delivers the
firearm, knowing it to have been stolen or |
| 22 | | converted. It may be inferred that
a person who possesses a |
| 23 | | firearm with knowledge that its serial number has
been |
| 24 | | removed or altered has knowledge that the firearm is stolen |
| 25 | | or converted. |
| 26 | | (B) Paragraph (h) of subsection (A) does not include |
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| 1 | | firearms sold within 6
months after enactment of Public
Act |
| 2 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
| 3 | | nor is any
firearm legally owned or
possessed by any citizen or |
| 4 | | purchased by any citizen within 6 months after the
enactment of |
| 5 | | Public Act 78-355 subject
to confiscation or seizure under the |
| 6 | | provisions of that Public Act. Nothing in
Public Act 78-355 |
| 7 | | shall be construed to prohibit the gift or trade of
any firearm |
| 8 | | if that firearm was legally held or acquired within 6 months |
| 9 | | after
the enactment of that Public Act.
|
| 10 | | (C) Sentence.
|
| 11 | | (1) Any person convicted of unlawful sale or delivery |
| 12 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
| 13 | | or (h) of subsection (A) commits a Class
4
felony.
|
| 14 | | (2) Any person convicted of unlawful sale or delivery |
| 15 | | of firearms in violation of
paragraph (b) or (i) of |
| 16 | | subsection (A) commits a Class 3 felony.
|
| 17 | | (3) Any person convicted of unlawful sale or delivery |
| 18 | | of firearms in violation of
paragraph (a) of subsection (A) |
| 19 | | commits a Class 2 felony.
|
| 20 | | (4) Any person convicted of unlawful sale or delivery |
| 21 | | of firearms in violation of
paragraph (a), (b), or (i) of |
| 22 | | subsection (A) in any school, on the real
property |
| 23 | | comprising a school, within 1,000 feet of the real property |
| 24 | | comprising
a school, at a school related activity, or on or |
| 25 | | within 1,000 feet of any
conveyance owned, leased, or |
| 26 | | contracted by a school or school district to
transport |
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| 1 | | students to or from school or a school related activity,
|
| 2 | | regardless of the time of day or time of year at which the |
| 3 | | offense
was committed, commits a Class 1 felony. Any person |
| 4 | | convicted of a second
or subsequent violation of unlawful |
| 5 | | sale or delivery of firearms in violation of paragraph
(a), |
| 6 | | (b), or (i) of subsection (A) in any school, on the real |
| 7 | | property
comprising a school, within 1,000 feet of the real |
| 8 | | property comprising a
school, at a school related activity, |
| 9 | | or on or within 1,000 feet of any
conveyance owned, leased, |
| 10 | | or contracted by a school or school district to
transport |
| 11 | | students to or from school or a school related activity,
|
| 12 | | regardless of the time of day or time of year at which the |
| 13 | | offense
was committed, commits a Class 1 felony for which |
| 14 | | the sentence shall be a
term of imprisonment of no less |
| 15 | | than 5 years and no more than 15 years.
|
| 16 | | (5) Any person convicted of unlawful sale or delivery |
| 17 | | of firearms in violation of
paragraph (a) or (i) of |
| 18 | | subsection (A) in residential property owned,
operated, or |
| 19 | | managed by a public housing agency or leased by a public |
| 20 | | housing
agency as part of a scattered site or mixed-income |
| 21 | | development, in a public
park, in a
courthouse, on |
| 22 | | residential property owned, operated, or managed by a |
| 23 | | public
housing agency or leased by a public housing agency |
| 24 | | as part of a scattered site
or mixed-income development, on |
| 25 | | the real property comprising any public park,
on the real
|
| 26 | | property comprising any courthouse, or on any public way |
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| 1 | | within 1,000 feet
of the real property comprising any |
| 2 | | public park, courthouse, or residential
property owned, |
| 3 | | operated, or managed by a public housing agency or leased |
| 4 | | by a
public housing agency as part of a scattered site or |
| 5 | | mixed-income development
commits a
Class 2 felony.
|
| 6 | | (6) Any person convicted of unlawful sale or delivery |
| 7 | | of firearms in violation of
paragraph (j) of subsection (A) |
| 8 | | commits a Class A misdemeanor. A second or
subsequent |
| 9 | | violation is a Class 4 felony. |
| 10 | | (7) Any person convicted of unlawful sale or delivery |
| 11 | | of firearms in violation of paragraph (k) of subsection (A) |
| 12 | | commits a Class 4 felony, except that a violation of |
| 13 | | subparagraph (1) of paragraph (k) of subsection (A) shall |
| 14 | | not be punishable as a crime or petty offense. A third or |
| 15 | | subsequent conviction for a violation of paragraph (k) of |
| 16 | | subsection (A) is a Class 1 felony.
|
| 17 | | (8) A person 18 years of age or older convicted of |
| 18 | | unlawful sale or delivery of firearms in violation of |
| 19 | | paragraph (a) or (i) of subsection (A), when the firearm |
| 20 | | that was sold or given to another person under 18 years of |
| 21 | | age was used in the commission of or attempt to commit a |
| 22 | | forcible felony, shall be fined or imprisoned, or both, not |
| 23 | | to exceed the maximum provided for the most serious |
| 24 | | forcible felony so committed or attempted by the person |
| 25 | | under 18 years of age who was sold or given the firearm. |
| 26 | | (9) Any person convicted of unlawful sale or delivery |
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| 1 | | of firearms in violation of
paragraph (d) of subsection (A) |
| 2 | | commits a Class 3 felony. |
| 3 | | (10) Any person convicted of unlawful sale or delivery |
| 4 | | of firearms in violation of paragraph (l) of subsection (A) |
| 5 | | commits a Class 2 felony if the delivery is of one firearm. |
| 6 | | Any person convicted of unlawful sale or delivery of |
| 7 | | firearms in violation of paragraph (l) of subsection (A) |
| 8 | | commits a Class 1 felony if the delivery is of not less |
| 9 | | than 2 and not more than 5 firearms at the
same time or |
| 10 | | within a one year period. Any person convicted of unlawful |
| 11 | | sale or delivery of firearms in violation of paragraph (l) |
| 12 | | of subsection (A) commits a Class X felony for which he or |
| 13 | | she shall be sentenced
to a term of imprisonment of not |
| 14 | | less than 6 years and not more than 30
years if the |
| 15 | | delivery is of not less than 6 and not more than 10 |
| 16 | | firearms at the
same time or within a 2 year period. Any |
| 17 | | person convicted of unlawful sale or delivery of firearms |
| 18 | | in violation of paragraph (l) of subsection (A) commits a |
| 19 | | Class X felony for which he or she shall be sentenced
to a |
| 20 | | term of imprisonment of not less than 6 years and not more |
| 21 | | than 40
years if the delivery is of not less than 11 and |
| 22 | | not more than 20 firearms at the
same time or within a 3 |
| 23 | | year period. Any person convicted of unlawful sale or |
| 24 | | delivery of firearms in violation of paragraph (l) of |
| 25 | | subsection (A) commits a Class X felony for which he or she |
| 26 | | shall be sentenced
to a term of imprisonment of not less |
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| 1 | | than 6 years and not more than 50
years if the delivery is |
| 2 | | of not less than 21 and not more than 30 firearms at the
|
| 3 | | same time or within a 4 year period. Any person convicted |
| 4 | | of unlawful sale or delivery of firearms in violation of |
| 5 | | paragraph (l) of subsection (A) commits a Class X felony |
| 6 | | for which he or she shall be sentenced
to a term of |
| 7 | | imprisonment of not less than 6 years and not more than 60
|
| 8 | | years if the delivery is of 31 or more firearms at the
same |
| 9 | | time or within a 5 year period. |
| 10 | | (D) For purposes of this Section:
|
| 11 | | "School" means a public or private elementary or secondary |
| 12 | | school,
community college, college, or university.
|
| 13 | | "School related activity" means any sporting, social, |
| 14 | | academic, or
other activity for which students' attendance or |
| 15 | | participation is sponsored,
organized, or funded in whole or in |
| 16 | | part by a school or school district.
|
| 17 | | (E) A prosecution for a violation of paragraph (k) of |
| 18 | | subsection (A) of this Section may be commenced within 6 years |
| 19 | | after the commission of the offense. A prosecution for a |
| 20 | | violation of this Section other than paragraph (g) of |
| 21 | | subsection (A) of this Section may be commenced within 5 years |
| 22 | | after the commission of the offense defined in the particular |
| 23 | | paragraph.
|
| 24 | | (Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, |
| 25 | | eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
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| 1 | | (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
|
| 2 | | Sec. 24-3.2. Unlawful discharge of firearm projectiles.
|
| 3 | | (a) A person
commits the offense of unlawful discharge of |
| 4 | | firearm projectiles when he
or she knowingly
or recklessly uses |
| 5 | | an armor piercing bullet, dragon's
breath shotgun shell, bolo |
| 6 | | shell, or flechette
shell
in violation of
this Section.
|
| 7 | | For purposes of this Section:
|
| 8 | | "Armor piercing bullet" means
any handgun bullet or handgun |
| 9 | | ammunition with projectiles or projectile cores
constructed |
| 10 | | entirely (excluding the presence of traces of other substances)
|
| 11 | | from tungsten alloys, steel, iron, brass, bronze, beryllium |
| 12 | | copper
or depleted uranium, or fully jacketed bullets larger |
| 13 | | than 22 caliber whose
jacket
has a weight of more than 25% of |
| 14 | | the total weight of the projectile, and
excluding those handgun
|
| 15 | | projectiles whose cores are composed of soft materials such as |
| 16 | | lead or lead
alloys, zinc or zinc alloys, frangible projectiles |
| 17 | | designed primarily for
sporting purposes, and any
other |
| 18 | | projectiles or projectile cores that the U. S. Secretary of the |
| 19 | | Treasury
finds to be primarily intended to be used for sporting |
| 20 | | purposes or industrial
purposes or that otherwise does not |
| 21 | | constitute "armor piercing ammunition" as
that term is defined |
| 22 | | by federal law.
|
| 23 | | "Dragon's breath shotgun shell" means any shotgun shell |
| 24 | | that contains
exothermic pyrophoric mesh metal as the |
| 25 | | projectile and is designed for the
purpose of throwing or |
| 26 | | spewing a flame or fireball to simulate a flame-thrower.
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| 1 | | "Bolo shell" means any shell that can be fired in a firearm |
| 2 | | and expels as
projectiles 2 or more metal balls connected by |
| 3 | | solid metal wire.
|
| 4 | | "Flechette shell" means any shell that can be fired in a |
| 5 | | firearm and expels
2 or more pieces of fin-stabilized solid |
| 6 | | metal wire or 2 or more solid
dart-type
projectiles.
|
| 7 | | (b) A person commits a Class X felony when he or she, |
| 8 | | knowing that a
firearm,
as defined in Section 1.1 of the |
| 9 | | Firearm Owners Identification Card
and Certificate of Handgun |
| 10 | | Registration Act, is loaded with an armor
piercing bullet, |
| 11 | | dragon's breath shotgun shell, bolo
shell, or flechette
shell,
|
| 12 | | intentionally or recklessly discharges such firearm and such |
| 13 | | bullet or
shell strikes
any other person.
|
| 14 | | (c) Any person who possesses, concealed on or about his or |
| 15 | | her person,
an armor
piercing bullet, dragon's breath shotgun |
| 16 | | shell, bolo
shell, or flechette
shell
and a firearm suitable |
| 17 | | for the discharge thereof is guilty
of a Class 2 felony.
|
| 18 | | (d) This Section does not apply to or affect any of the |
| 19 | | following:
|
| 20 | | (1) Peace officers;
|
| 21 | | (2) 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 | | (3) Members of the Armed Services or Reserve Forces of |
| 25 | | the United States
or the Illinois National Guard while in |
| 26 | | the performance of their official
duties;
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| 1 | | (4) Federal officials required to carry firearms, |
| 2 | | while engaged in the
performance of their official duties;
|
| 3 | | (5) United States Marshals, while engaged in the |
| 4 | | performance of their
official duties.
|
| 5 | | (Source: P.A. 92-423, eff. 1-1-02.)
|
| 6 | | (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
|
| 7 | | Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
|
| 8 | | (a) It shall be unlawful for any person who holds a license |
| 9 | | to sell at
retail any alcoholic liquor issued by the Illinois |
| 10 | | Liquor Control
Commission or local liquor control commissioner |
| 11 | | under the Liquor Control Act
of 1934 or an agent or employee of |
| 12 | | the licensee to sell or deliver to any
other person a firearm |
| 13 | | in or on the real property of the establishment
where the |
| 14 | | licensee is licensed to sell alcoholic liquors unless the sale |
| 15 | | or
delivery of the firearm is otherwise lawful under this |
| 16 | | Article and under the
Firearm Owners Identification Card and |
| 17 | | Certificate of Handgun Registration Act.
|
| 18 | | (b) Sentence. A violation of subsection (a) of this Section |
| 19 | | is a
Class 4 felony.
|
| 20 | | (Source: P.A. 87-591.)
|
| 21 | | (720 ILCS 5/24-3.5)
|
| 22 | | Sec. 24-3.5. Unlawful purchase of a firearm.
|
| 23 | | (a) For purposes of this Section,
"firearms transaction |
| 24 | | record form" means a form:
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| 1 | | (1) executed by a transferee
of a firearm stating: (i) |
| 2 | | the transferee's name and address (including county
or |
| 3 | | similar political subdivision); (ii) whether the |
| 4 | | transferee is a citizen of
the United States;
(iii) the |
| 5 | | transferee's State of residence; and (iv) the date and |
| 6 | | place of
birth, height, weight, and race of the transferee; |
| 7 | | and
|
| 8 | | (2) on which the transferee certifies that he or she is |
| 9 | | not
prohibited by federal law from transporting or shipping |
| 10 | | a firearm
in interstate or foreign commerce or receiving a |
| 11 | | firearm that has been shipped
or transported in interstate |
| 12 | | or foreign commerce or possessing a firearm in or
affecting |
| 13 | | commerce.
|
| 14 | | (b) A person commits the offense of unlawful purchase of a |
| 15 | | firearm who
knowingly purchases or attempts to purchase a
|
| 16 | | firearm with the intent to deliver that firearm to another |
| 17 | | person who
is prohibited by federal or State law from |
| 18 | | possessing a firearm.
|
| 19 | | (c) A person commits the offense of unlawful purchase of a |
| 20 | | firearm when he
or she, in purchasing or attempting to purchase |
| 21 | | a firearm, intentionally
provides false or
misleading |
| 22 | | information on a United States Department of the Treasury, |
| 23 | | Bureau of
Alcohol, Tobacco and Firearms firearms transaction |
| 24 | | record form.
|
| 25 | | (d) Exemption. It is not a violation of subsection (b) of |
| 26 | | this Section for a
person to make a gift or loan of a firearm to |
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| 1 | | a
person who is not
prohibited by federal or State law from |
| 2 | | possessing a firearm
if the transfer of the firearm
is made in |
| 3 | | accordance with Section 3 of the Firearm Owners Identification |
| 4 | | Card
and Certificate of Handgun Registration Act.
|
| 5 | | (e) Sentence.
|
| 6 | | (1) A person who commits the offense of unlawful |
| 7 | | purchase of a
firearm:
|
| 8 | | (A) is guilty of a Class 2 felony for purchasing or |
| 9 | | attempting to
purchase one firearm;
|
| 10 | | (B) is guilty of a Class 1 felony for purchasing or |
| 11 | | attempting to
purchase not less than 2
firearms and not |
| 12 | | more than 5 firearms at the same time or within a one
|
| 13 | | year period;
|
| 14 | | (C) is guilty of a Class X felony for which the |
| 15 | | offender shall be sentenced to a term of imprisonment |
| 16 | | of not less than 9 years and not more than 40 years for |
| 17 | | purchasing or attempting to
purchase not less than 6
|
| 18 | | firearms at the same time or within a 2
year period.
|
| 19 | | (2) In addition to any other penalty that may be |
| 20 | | imposed for a violation
of this Section, the court may |
| 21 | | sentence a person convicted of a violation of
subsection |
| 22 | | (c) of this Section to a fine not to exceed $250,000 for |
| 23 | | each
violation.
|
| 24 | | (f) A prosecution for unlawful purchase of a firearm may be |
| 25 | | commenced within 6 years after the commission of the offense.
|
| 26 | | (Source: P.A. 95-882, eff. 1-1-09.)
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| 1 | | (720 ILCS 5/24-9)
|
| 2 | | Sec. 24-9. Firearms; Child Protection.
|
| 3 | | (a) Except as provided in
subsection (c), it is unlawful
|
| 4 | | for any person to
store or leave, within premises under his or |
| 5 | | her control, a firearm if
the
person knows or has reason to |
| 6 | | believe that a minor under the age of 14
years who does not |
| 7 | | have a Firearm Owners Identification Card is likely to gain
|
| 8 | | access to the firearm without the lawful permission
of the |
| 9 | | minor's parent, guardian, or person having charge of the minor, |
| 10 | | and
the minor causes death or great bodily harm with the |
| 11 | | firearm, unless
the firearm is:
|
| 12 | | (1) secured by a device or mechanism, other than the |
| 13 | | firearm safety,
designed to render a firearm temporarily |
| 14 | | inoperable; or
|
| 15 | | (2) placed in a securely locked box or container; or
|
| 16 | | (3) placed in some other location that a reasonable |
| 17 | | person would
believe to be secure from a minor under the |
| 18 | | age of 14 years.
|
| 19 | | (b) Sentence. A person who violates this Section is guilty |
| 20 | | of a Class C
misdemeanor and shall be fined not less than |
| 21 | | $1,000. A second or subsequent
violation of this Section is a |
| 22 | | Class A misdemeanor.
|
| 23 | | (c) Subsection (a) does not apply:
|
| 24 | | (1) if the minor under 14 years of age gains access to |
| 25 | | a
firearm and uses it in a lawful act of self-defense or |
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| 1 | | defense of another; or
|
| 2 | | (2) to any firearm obtained by a minor under the age of |
| 3 | | 14 because of
an unlawful entry of the premises by the |
| 4 | | minor or another person.
|
| 5 | | (d) For the purposes of this Section, "firearm" has the |
| 6 | | meaning ascribed
to it in Section 1.1 of the Firearm Owners |
| 7 | | Identification Card and Certificate of Handgun Registration |
| 8 | | Act.
|
| 9 | | (Source: P.A. 91-18, eff. 1-1-00.)
|
| 10 | | Section 45. The Methamphetamine Control and Community |
| 11 | | Protection Act is amended by changing Section 10 as follows:
|
| 12 | | (720 ILCS 646/10)
|
| 13 | | Sec. 10. Definitions. As used in this Act: |
| 14 | | "Anhydrous ammonia" has the meaning provided in subsection |
| 15 | | (d) of Section 3 of the Illinois Fertilizer Act of 1961.
|
| 16 | | "Anhydrous ammonia equipment" means all items used to |
| 17 | | store, hold, contain, handle, transfer, transport, or apply |
| 18 | | anhydrous ammonia for lawful purposes.
|
| 19 | | "Booby trap" means any device designed to cause physical |
| 20 | | injury when triggered by an act of a person approaching, |
| 21 | | entering, or moving through a structure, a vehicle, or any |
| 22 | | location where methamphetamine has been manufactured, is being |
| 23 | | manufactured, or is intended to be manufactured.
|
| 24 | | "Deliver" or "delivery" has the meaning provided in |
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| 1 | | subsection (h) of Section 102 of the Illinois Controlled |
| 2 | | Substances Act.
|
| 3 | | "Director" means the Director of State Police or the |
| 4 | | Director's designated agents.
|
| 5 | | "Dispose" or "disposal" means to abandon, discharge, |
| 6 | | release, deposit, inject, dump, spill, leak, or place |
| 7 | | methamphetamine waste onto or into any land, water, or well of |
| 8 | | any type so that the waste has the potential to enter the |
| 9 | | environment, be emitted into the air, or be discharged into the |
| 10 | | soil or any waters, including groundwater.
|
| 11 | | "Emergency response" means the act of collecting evidence |
| 12 | | from or securing a methamphetamine laboratory site, |
| 13 | | methamphetamine waste site or other methamphetamine-related |
| 14 | | site and cleaning up the site, whether these actions are |
| 15 | | performed by public entities or private contractors paid by |
| 16 | | public entities.
|
| 17 | | "Emergency service provider" means a local, State, or |
| 18 | | federal peace officer, firefighter, emergency medical |
| 19 | | technician-ambulance, emergency
medical |
| 20 | | technician-intermediate, emergency medical |
| 21 | | technician-paramedic, ambulance driver, or other medical or |
| 22 | | first aid personnel rendering aid, or any agent or designee of |
| 23 | | the foregoing.
|
| 24 | | "Finished methamphetamine" means methamphetamine in a form |
| 25 | | commonly used for personal consumption. |
| 26 | | "Firearm" has the meaning provided in Section 1.1 of the |
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| 1 | | Firearm Owners Identification Card and Certificate of Handgun |
| 2 | | Registration Act.
|
| 3 | | "Manufacture" means to produce, prepare, compound, |
| 4 | | convert, process, synthesize, concentrate, purify, separate, |
| 5 | | extract, or package any methamphetamine, methamphetamine |
| 6 | | precursor, methamphetamine manufacturing catalyst, |
| 7 | | methamphetamine manufacturing reagent, methamphetamine |
| 8 | | manufacturing solvent, or any substance containing any of the |
| 9 | | foregoing.
|
| 10 | | "Methamphetamine" means the chemical methamphetamine (a |
| 11 | | Schedule II controlled substance under the Illinois Controlled |
| 12 | | Substances Act) or any salt, optical isomer, salt of optical |
| 13 | | isomer, or analog thereof, with the exception of |
| 14 | | 3,4-Methylenedioxymethamphetamine (MDMA) or any other |
| 15 | | scheduled substance with a separate listing under the Illinois |
| 16 | | Controlled Substances Act. |
| 17 | | "Methamphetamine manufacturing catalyst" means any |
| 18 | | substance that has been used, is being used, or is intended to |
| 19 | | be used to activate, accelerate, extend, or improve a chemical |
| 20 | | reaction involved in the manufacture of methamphetamine.
|
| 21 | | "Methamphetamine manufacturing environment" means a |
| 22 | | structure or vehicle in which:
|
| 23 | | (1) methamphetamine is being or has been manufactured;
|
| 24 | | (2) chemicals that are being used, have been used, or |
| 25 | | are intended to be used to manufacture methamphetamine are |
| 26 | | stored;
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| 1 | | (3) methamphetamine manufacturing materials that have |
| 2 | | been used to manufacture methamphetamine are stored; or
|
| 3 | | (4) methamphetamine manufacturing waste is stored.
|
| 4 | | "Methamphetamine manufacturing material" means any |
| 5 | | methamphetamine precursor, substance containing any |
| 6 | | methamphetamine precursor, methamphetamine manufacturing |
| 7 | | catalyst, substance containing any methamphetamine |
| 8 | | manufacturing catalyst, methamphetamine manufacturing reagent, |
| 9 | | substance containing any methamphetamine manufacturing |
| 10 | | reagent, methamphetamine manufacturing solvent, substance |
| 11 | | containing any methamphetamine manufacturing solvent, or any |
| 12 | | other chemical, substance, ingredient, equipment, apparatus, |
| 13 | | or item that is being used, has been used, or is intended to be |
| 14 | | used in the manufacture of methamphetamine.
|
| 15 | | "Methamphetamine manufacturing reagent" means any |
| 16 | | substance other than a methamphetamine manufacturing catalyst |
| 17 | | that has been used, is being used, or is intended to be used to |
| 18 | | react with and chemically alter any methamphetamine precursor. |
| 19 | | "Methamphetamine manufacturing solvent" means any |
| 20 | | substance that has been used, is being used, or is intended to |
| 21 | | be used as a medium in which any methamphetamine precursor, |
| 22 | | methamphetamine manufacturing catalyst, methamphetamine |
| 23 | | manufacturing reagent, or any substance containing any of the |
| 24 | | foregoing is dissolved, diluted, or washed during any part of |
| 25 | | the methamphetamine manufacturing process.
|
| 26 | | "Methamphetamine manufacturing waste" means any chemical, |
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| 1 | | substance, ingredient, equipment, apparatus, or item that is |
| 2 | | left over from, results from, or is produced by the process of |
| 3 | | manufacturing methamphetamine, other than finished |
| 4 | | methamphetamine.
|
| 5 | | "Methamphetamine precursor" means ephedrine, |
| 6 | | pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, |
| 7 | | phenylacetone, phenyl-2-propanone, P2P, or any salt, optical |
| 8 | | isomer, or salt of an optical isomer of any of these chemicals.
|
| 9 | | "Multi-unit dwelling" means a unified structure used or |
| 10 | | intended for use as a habitation, home, or residence that |
| 11 | | contains 2 or more condominiums, apartments, hotel rooms, motel |
| 12 | | rooms, or other living units.
|
| 13 | | "Package" means an item marked for retail sale that is not |
| 14 | | designed to be further broken down or subdivided for the |
| 15 | | purpose of retail sale.
|
| 16 | | "Participate" or "participation" in the manufacture of |
| 17 | | methamphetamine means to produce, prepare, compound, convert, |
| 18 | | process, synthesize, concentrate, purify, separate, extract, |
| 19 | | or package any methamphetamine, methamphetamine precursor, |
| 20 | | methamphetamine manufacturing catalyst, methamphetamine |
| 21 | | manufacturing reagent, methamphetamine manufacturing solvent, |
| 22 | | or any substance containing any of the foregoing, or to assist |
| 23 | | in any of these actions, or to attempt to take any of these |
| 24 | | actions, regardless of whether this action or these actions |
| 25 | | result in the production of finished methamphetamine.
|
| 26 | | "Person with a disability" means a person who suffers from |
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| 1 | | a permanent physical or mental impairment resulting from |
| 2 | | disease, injury, functional disorder, or congenital condition |
| 3 | | which renders the person incapable of adequately providing for |
| 4 | | his or her own health and personal care.
|
| 5 | | "Procure" means to purchase, steal, gather, or otherwise |
| 6 | | obtain, by legal or illegal means, or to cause another to take |
| 7 | | such action.
|
| 8 | | "Second or subsequent offense" means an offense under this |
| 9 | | Act committed by an offender who previously committed an |
| 10 | | offense under this Act, the Illinois Controlled Substances Act, |
| 11 | | the Cannabis Control Act, or another Act of this State, another |
| 12 | | state, or the United States relating to methamphetamine, |
| 13 | | cannabis, or any other controlled substance.
|
| 14 | | "Standard dosage form", as used in relation to any |
| 15 | | methamphetamine precursor, means that the methamphetamine |
| 16 | | precursor is contained in a pill, tablet, capsule, caplet, gel |
| 17 | | cap, or liquid cap that has been manufactured by a lawful |
| 18 | | entity and contains a standard quantity of methamphetamine |
| 19 | | precursor.
|
| 20 | | "Unauthorized container", as used in relation to anhydrous |
| 21 | | ammonia, means any container that is not designed for the |
| 22 | | specific and sole purpose of holding, storing, transporting, or |
| 23 | | applying anhydrous ammonia. "Unauthorized container" includes, |
| 24 | | but is not limited to, any propane tank, fire extinguisher, |
| 25 | | oxygen cylinder, gasoline can, food or beverage cooler, or |
| 26 | | compressed gas cylinder used in dispensing fountain drinks. |
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| 1 | | "Unauthorized container" does not encompass anhydrous ammonia |
| 2 | | manufacturing plants, refrigeration systems
where anhydrous |
| 3 | | ammonia is used solely as a refrigerant, anhydrous ammonia |
| 4 | | transportation pipelines, anhydrous ammonia tankers, or |
| 5 | | anhydrous ammonia barges.
|
| 6 | | (Source: P.A. 97-434, eff. 1-1-12.)
|
| 7 | | Section 46. The Code of Criminal Procedure of 1963 is |
| 8 | | amended by changing Section 112A-14 as follows:
|
| 9 | | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
|
| 10 | | Sec. 112A-14. Order of protection; remedies.
|
| 11 | | (a) Issuance of order. If the court finds that petitioner |
| 12 | | has been
abused by a family or household member, as defined in |
| 13 | | this Article, an
order of protection prohibiting such abuse |
| 14 | | shall issue; provided that
petitioner must also satisfy the |
| 15 | | requirements of one of the following
Sections, as appropriate: |
| 16 | | Section 112A-17 on emergency orders, Section
112A-18 on interim |
| 17 | | orders, or Section 112A-19 on
plenary orders.
Petitioner shall |
| 18 | | not be denied an order of protection because petitioner or
|
| 19 | | respondent is a minor. The court, when determining whether or |
| 20 | | not to issue
an order of protection, shall not require physical |
| 21 | | manifestations of abuse
on the person of the victim. |
| 22 | | Modification and extension of prior orders of
protection shall |
| 23 | | be in accordance with this Article.
|
| 24 | | (b) Remedies and standards. The remedies to be included in |
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| 1 | | an order of
protection shall be determined in accordance with |
| 2 | | this Section and one of
the following Sections, as appropriate: |
| 3 | | Section 112A-17 on
emergency orders,
Section 112A-18 on interim |
| 4 | | orders, and Section 112A-19 on
plenary orders.
The remedies |
| 5 | | listed in this subsection shall be in addition to other civil
|
| 6 | | or criminal remedies available to petitioner.
|
| 7 | | (1) Prohibition of abuse. Prohibit respondent's |
| 8 | | harassment,
interference with personal liberty, |
| 9 | | intimidation of a dependent, physical
abuse or willful |
| 10 | | deprivation, as defined in this Article, if such abuse has
|
| 11 | | occurred or otherwise appears likely to occur if not |
| 12 | | prohibited.
|
| 13 | | (2) Grant of exclusive possession of residence. |
| 14 | | Prohibit respondent
from entering or remaining in any |
| 15 | | residence, household, or premises of the petitioner,
|
| 16 | | including one owned or leased by respondent, if petitioner |
| 17 | | has a right
to occupancy thereof. The grant of exclusive |
| 18 | | possession of the residence, household, or premises
shall |
| 19 | | not affect title to real property, nor shall the court be |
| 20 | | limited by
the standard set forth in Section 701 of the |
| 21 | | Illinois Marriage and
Dissolution of Marriage Act.
|
| 22 | | (A) Right to occupancy. A party has a right to |
| 23 | | occupancy of a
residence or household if it is
solely |
| 24 | | or jointly owned or leased by that party, that party's |
| 25 | | spouse, a
person with a legal duty to support that |
| 26 | | party or a minor child in that
party's care, or by any |
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| 1 | | person or entity other than the opposing party that
|
| 2 | | authorizes that party's occupancy (e.g., a domestic |
| 3 | | violence shelter).
Standards set forth in subparagraph |
| 4 | | (B) shall not preclude equitable relief.
|
| 5 | | (B) Presumption of hardships. If petitioner and |
| 6 | | respondent
each has the right to occupancy of a |
| 7 | | residence or household, the court
shall balance (i) the |
| 8 | | hardships to respondent and any minor child or
|
| 9 | | dependent adult in respondent's care resulting from |
| 10 | | entry of this remedy with (ii)
the hardships to |
| 11 | | petitioner and any minor child or dependent adult in
|
| 12 | | petitioner's care resulting from continued exposure to |
| 13 | | the risk of abuse (should
petitioner remain at the |
| 14 | | residence or household) or from loss of possession
of |
| 15 | | the residence or household (should petitioner leave to |
| 16 | | avoid the risk
of abuse). When determining the balance |
| 17 | | of hardships, the court shall also
take into account |
| 18 | | the accessibility of the residence or household.
|
| 19 | | Hardships need not be balanced if respondent does not |
| 20 | | have a right to occupancy.
|
| 21 | | The balance of hardships is presumed to favor |
| 22 | | possession by
petitioner unless the presumption is |
| 23 | | rebutted by a preponderance of the
evidence, showing |
| 24 | | that the hardships to respondent substantially |
| 25 | | outweigh
the hardships to petitioner and any minor |
| 26 | | child or dependent adult in petitioner's
care. The |
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| 1 | | court, on the request of petitioner or on its own |
| 2 | | motion,
may order respondent to provide suitable, |
| 3 | | accessible, alternate housing
for petitioner instead |
| 4 | | of
excluding respondent from a mutual residence or |
| 5 | | household.
|
| 6 | | (3) Stay away order and additional prohibitions.
Order |
| 7 | | respondent to stay away from petitioner or any other person
|
| 8 | | protected by the order of protection, or prohibit |
| 9 | | respondent from entering
or remaining present at |
| 10 | | petitioner's school, place of employment, or other
|
| 11 | | specified places at times when petitioner is present, or |
| 12 | | both, if
reasonable, given
the balance of hardships. |
| 13 | | Hardships need not be balanced for the court
to enter a |
| 14 | | stay away order or prohibit entry
if respondent has no |
| 15 | | right to enter the premises.
|
| 16 | | If an order of protection grants petitioner exclusive |
| 17 | | possession
of the residence, or prohibits respondent from |
| 18 | | entering the residence,
or orders respondent to stay away |
| 19 | | from petitioner or other
protected persons, then the court |
| 20 | | may allow respondent access to the
residence to remove |
| 21 | | items of clothing and personal adornment
used exclusively |
| 22 | | by respondent, medications, and other items as the court |
| 23 | | directs.
The right to access shall be exercised on only one |
| 24 | | occasion as the court directs
and in the presence of an |
| 25 | | agreed-upon adult third party or law enforcement officer.
|
| 26 | | (4) Counseling. Require or recommend the respondent to |
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| 1 | | undergo
counseling for a specified duration with a social |
| 2 | | worker, psychologist,
clinical psychologist, psychiatrist, |
| 3 | | family service agency, alcohol or
substance abuse program, |
| 4 | | mental health center guidance counselor, agency
providing |
| 5 | | services to elders, program designed for domestic violence
|
| 6 | | abusers or any other guidance service the court deems |
| 7 | | appropriate. The court may order the respondent in any |
| 8 | | intimate partner relationship to report to an Illinois |
| 9 | | Department of Human Services protocol approved partner |
| 10 | | abuse intervention program for an assessment and to follow |
| 11 | | all recommended treatment.
|
| 12 | | (5) Physical care and possession of the minor child. In |
| 13 | | order to protect
the minor child from abuse, neglect, or |
| 14 | | unwarranted separation from the person
who has been the |
| 15 | | minor child's primary caretaker, or to otherwise protect |
| 16 | | the
well-being of the minor child, the court may do either |
| 17 | | or both of the following:
(i) grant petitioner physical |
| 18 | | care or possession of the minor child, or both, or
(ii) |
| 19 | | order respondent to return a minor child to, or not remove |
| 20 | | a minor child
from, the physical care of a parent or person |
| 21 | | in loco parentis.
|
| 22 | | If a court finds, after a hearing, that respondent has |
| 23 | | committed abuse
(as defined in Section 112A-3) of a minor |
| 24 | | child, there shall be a
rebuttable presumption that |
| 25 | | awarding physical care to respondent would not
be in the |
| 26 | | minor child's best interest.
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| 1 | | (6) Temporary legal custody.
Award temporary legal |
| 2 | | custody to petitioner in accordance with this Section,
the |
| 3 | | Illinois Marriage
and Dissolution of Marriage Act, the |
| 4 | | Illinois Parentage Act of 1984,
and this State's Uniform |
| 5 | | Child-Custody
Jurisdiction and Enforcement Act.
|
| 6 | | If a court finds, after a hearing, that respondent
has |
| 7 | | committed abuse (as defined in Section 112A-3) of a
minor |
| 8 | | child, there shall be a rebuttable presumption that |
| 9 | | awarding
temporary legal custody to respondent would not be |
| 10 | | in the
child's best interest.
|
| 11 | | (7) Visitation. Determine the
visitation rights, if |
| 12 | | any, of respondent in any case in which the court
awards |
| 13 | | physical care or temporary legal custody of a minor child |
| 14 | | to
petitioner. The court shall restrict or deny |
| 15 | | respondent's visitation with
a minor child if
the court |
| 16 | | finds that respondent has done or is likely to do any of |
| 17 | | the
following: (i) abuse or endanger the minor child during |
| 18 | | visitation; (ii) use the
visitation as an opportunity to |
| 19 | | abuse or harass petitioner or
petitioner's family or |
| 20 | | household members; (iii) improperly conceal or
detain the |
| 21 | | minor child; or (iv) otherwise act in a manner that is not |
| 22 | | in
the best interests of the minor child. The court shall |
| 23 | | not be limited by the
standards set forth in Section 607.1 |
| 24 | | of the Illinois Marriage and
Dissolution of Marriage Act. |
| 25 | | If the court grants visitation, the order
shall specify |
| 26 | | dates and times for the visitation to take place or other
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| 1 | | specific parameters or conditions that are appropriate. No |
| 2 | | order for
visitation shall refer merely to the term |
| 3 | | "reasonable visitation".
|
| 4 | | Petitioner may deny respondent access to the minor |
| 5 | | child if, when
respondent arrives for visitation, |
| 6 | | respondent is under the influence of drugs
or alcohol and |
| 7 | | constitutes a threat to the safety and well-being of
|
| 8 | | petitioner or petitioner's minor children or is behaving in |
| 9 | | a violent or abusive manner.
|
| 10 | | If necessary to protect any member of petitioner's |
| 11 | | family or
household from future abuse, respondent shall be |
| 12 | | prohibited from coming to
petitioner's residence to meet |
| 13 | | the minor child for visitation, and the
parties shall |
| 14 | | submit to the court their recommendations for reasonable
|
| 15 | | alternative arrangements for visitation. A person may be |
| 16 | | approved to
supervise visitation only after filing an |
| 17 | | affidavit accepting
that responsibility and acknowledging |
| 18 | | accountability to the court.
|
| 19 | | (8) Removal or concealment of minor child.
Prohibit |
| 20 | | respondent from
removing a minor child from the State or |
| 21 | | concealing the child within the
State.
|
| 22 | | (9) Order to appear. Order the respondent to
appear in |
| 23 | | court, alone
or with a minor child, to prevent abuse, |
| 24 | | neglect, removal or concealment of
the child, to return the |
| 25 | | child to the custody or care of the petitioner or
to permit |
| 26 | | any court-ordered interview or examination of the child or |
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| 1 | | the
respondent.
|
| 2 | | (10) Possession of personal property. Grant petitioner |
| 3 | | exclusive
possession of personal property and, if |
| 4 | | respondent has possession or
control, direct respondent to |
| 5 | | promptly make it available to petitioner, if:
|
| 6 | | (i) petitioner, but not respondent, owns the |
| 7 | | property; or
|
| 8 | | (ii) the parties own the property jointly; sharing |
| 9 | | it would risk
abuse of petitioner by respondent or is |
| 10 | | impracticable; and the balance of
hardships favors |
| 11 | | temporary possession by petitioner.
|
| 12 | | If petitioner's sole claim to ownership of the property |
| 13 | | is that it is
marital property, the court may award |
| 14 | | petitioner temporary possession
thereof under the |
| 15 | | standards of subparagraph (ii) of this paragraph only if
a |
| 16 | | proper proceeding has been filed under the Illinois |
| 17 | | Marriage and
Dissolution of Marriage Act, as now or |
| 18 | | hereafter amended.
|
| 19 | | No order under this provision shall affect title to |
| 20 | | property.
|
| 21 | | (11) Protection of property. Forbid the respondent |
| 22 | | from taking,
transferring, encumbering, concealing, |
| 23 | | damaging or otherwise disposing of
any real or personal |
| 24 | | property, except as explicitly authorized by the
court, if:
|
| 25 | | (i) petitioner, but not respondent, owns the |
| 26 | | property; or
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| 1 | | (ii) the parties own the property jointly,
and the |
| 2 | | balance of hardships favors granting this remedy.
|
| 3 | | If petitioner's sole claim to ownership of the property |
| 4 | | is that it is
marital property, the court may grant |
| 5 | | petitioner relief under subparagraph
(ii) of this |
| 6 | | paragraph only if a proper proceeding has been filed under |
| 7 | | the
Illinois Marriage and Dissolution of Marriage Act, as |
| 8 | | now or hereafter amended.
|
| 9 | | The court may further prohibit respondent from |
| 10 | | improperly using the
financial or other resources of an |
| 11 | | aged member of the family or household
for the profit or |
| 12 | | advantage of respondent or of any other person.
|
| 13 | | (11.5) Protection of animals. Grant the petitioner the |
| 14 | | exclusive care, custody, or control of any animal owned, |
| 15 | | possessed, leased, kept, or held by either the petitioner |
| 16 | | or the respondent or a minor child residing in the |
| 17 | | residence or household of either the petitioner or the |
| 18 | | respondent and order the respondent to stay away from the |
| 19 | | animal and forbid the respondent from taking, |
| 20 | | transferring, encumbering, concealing, harming, or |
| 21 | | otherwise disposing of the animal.
|
| 22 | | (12) Order for payment of support. Order
respondent to |
| 23 | | pay temporary
support for the petitioner or any child in |
| 24 | | the petitioner's care or
custody, when the respondent has a |
| 25 | | legal obligation to support that person,
in accordance with |
| 26 | | the Illinois Marriage and Dissolution
of Marriage Act, |
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| 1 | | which shall govern, among other matters, the amount of
|
| 2 | | support, payment through the clerk and withholding of |
| 3 | | income to secure
payment. An order for child support may be |
| 4 | | granted to a petitioner with
lawful physical care or |
| 5 | | custody of a child, or an order or agreement for
physical |
| 6 | | care or custody, prior to entry of an order for legal |
| 7 | | custody.
Such a support order shall expire upon entry of a |
| 8 | | valid order granting
legal custody to another, unless |
| 9 | | otherwise provided in the custody order.
|
| 10 | | (13) Order for payment of losses. Order
respondent to |
| 11 | | pay petitioner
for losses suffered as a direct result of |
| 12 | | the abuse. Such losses shall
include, but not be limited |
| 13 | | to, medical expenses, lost earnings or other
support, |
| 14 | | repair or replacement of property damaged or taken, |
| 15 | | reasonable
attorney's fees, court costs and moving or other |
| 16 | | travel expenses, including
additional reasonable expenses |
| 17 | | for temporary shelter and restaurant meals.
|
| 18 | | (i) Losses affecting family needs. If a party is |
| 19 | | entitled to seek
maintenance, child support or |
| 20 | | property distribution from the other party
under the |
| 21 | | Illinois Marriage and Dissolution of Marriage Act, as |
| 22 | | now or
hereafter amended, the court may order |
| 23 | | respondent to reimburse petitioner's
actual losses, to |
| 24 | | the extent that such reimbursement would be |
| 25 | | "appropriate
temporary relief", as authorized by |
| 26 | | subsection (a)(3) of
Section 501 of that Act.
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| 1 | | (ii) Recovery of expenses. In the case of an |
| 2 | | improper concealment
or removal of a minor child, the |
| 3 | | court may order respondent to pay the reasonable
|
| 4 | | expenses incurred or to be incurred in the search for |
| 5 | | and recovery of the
minor child, including but not |
| 6 | | limited to legal fees, court costs, private
|
| 7 | | investigator fees, and travel costs.
|
| 8 | | (14) Prohibition of entry. Prohibit the respondent |
| 9 | | from entering or
remaining in the residence or household |
| 10 | | while the respondent is under the
influence of alcohol or |
| 11 | | drugs and constitutes a threat to the safety and
well-being |
| 12 | | of the petitioner or the petitioner's children.
|
| 13 | | (14.5) Prohibition of firearm possession. |
| 14 | | (A) A person who is subject to an existing order of |
| 15 | | protection, interim order of protection, emergency |
| 16 | | order of protection, or plenary order of protection, |
| 17 | | issued under this Code may not lawfully possess weapons |
| 18 | | under Section 8.2 of the Firearm Owners Identification |
| 19 | | Card and Certificate of Handgun Registration Act. |
| 20 | | (B) Any firearms in the
possession of the |
| 21 | | respondent, except as provided in subparagraph (C) of |
| 22 | | this paragraph (14.5), shall be ordered by the court to |
| 23 | | be turned
over to a person with a valid Firearm Owner's |
| 24 | | Identification Card for safekeeping. The court shall |
| 25 | | issue an order that the respondent's Firearm Owner's |
| 26 | | Identification Card be turned over to the local law |
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| 1 | | enforcement agency, which in turn shall immediately |
| 2 | | mail the card to the Department of State Police Firearm |
| 3 | | Owner's Identification Card Office for safekeeping.
|
| 4 | | The period of safekeeping shall be for the duration of |
| 5 | | the order of protection. The firearm or firearms and |
| 6 | | Firearm Owner's Identification Card, if unexpired, |
| 7 | | shall at the respondent's request be returned to the |
| 8 | | respondent at expiration of the order of protection.
|
| 9 | | (C) If the respondent is a peace officer as defined |
| 10 | | in Section 2-13 of
the
Criminal Code of 2012, the court |
| 11 | | shall order that any firearms used by the
respondent in |
| 12 | | the performance of his or her duties as a
peace officer |
| 13 | | be surrendered to
the chief law enforcement executive |
| 14 | | of the agency in which the respondent is
employed, who |
| 15 | | shall retain the firearms for safekeeping for the |
| 16 | | duration of the order of protection.
|
| 17 | | (D) Upon expiration of the period of safekeeping, |
| 18 | | if the firearms or Firearm Owner's Identification Card |
| 19 | | cannot be returned to respondent because respondent |
| 20 | | cannot be located, fails to respond to requests to |
| 21 | | retrieve the firearms, or is not lawfully eligible to |
| 22 | | possess a firearm, upon petition from the local law |
| 23 | | enforcement agency, the court may order the local law |
| 24 | | enforcement agency to destroy the firearms, use the |
| 25 | | firearms for training purposes, or for any other |
| 26 | | application as deemed appropriate by the local law |
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| 1 | | enforcement agency; or that the firearms be turned over |
| 2 | | to a third party who is lawfully eligible to possess |
| 3 | | firearms, and who does not reside with respondent.
|
| 4 | | (15) Prohibition of access to records. If an order of |
| 5 | | protection
prohibits respondent from having contact with |
| 6 | | the minor child,
or if petitioner's address is omitted |
| 7 | | under subsection (b) of
Section 112A-5, or if necessary to |
| 8 | | prevent abuse or wrongful removal or
concealment of a minor |
| 9 | | child, the order shall deny respondent access to, and
|
| 10 | | prohibit respondent from inspecting, obtaining, or |
| 11 | | attempting to
inspect or obtain, school or any other |
| 12 | | records of the minor child
who is in the care of |
| 13 | | petitioner.
|
| 14 | | (16) Order for payment of shelter services. Order |
| 15 | | respondent to
reimburse a shelter providing temporary |
| 16 | | housing and counseling services to
the petitioner for the |
| 17 | | cost of the services, as certified by the shelter
and |
| 18 | | deemed reasonable by the court.
|
| 19 | | (17) Order for injunctive relief. Enter injunctive |
| 20 | | relief necessary
or appropriate to prevent further abuse of |
| 21 | | a family or household member or
to effectuate one of the |
| 22 | | granted remedies, if supported by the balance of
hardships. |
| 23 | | If the harm to be prevented by the injunction is abuse or |
| 24 | | any
other harm that one of the remedies listed in |
| 25 | | paragraphs (1) through (16)
of this subsection is designed |
| 26 | | to prevent, no further evidence is necessary
to establish |
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| 1 | | that the harm is an irreparable injury.
|
| 2 | | (c) Relevant factors; findings.
|
| 3 | | (1) In determining whether to grant a
specific remedy, |
| 4 | | other than payment of support, the
court shall consider |
| 5 | | relevant factors, including but not limited to the
|
| 6 | | following:
|
| 7 | | (i) the nature, frequency, severity, pattern and |
| 8 | | consequences of the
respondent's past abuse of the |
| 9 | | petitioner or any family or household
member, |
| 10 | | including the concealment of his or her location in |
| 11 | | order to evade
service of process or notice, and the |
| 12 | | likelihood of danger of future abuse to
petitioner or
|
| 13 | | any member of petitioner's or respondent's family or |
| 14 | | household; and
|
| 15 | | (ii) the danger that any minor child will be abused |
| 16 | | or neglected or
improperly removed from the |
| 17 | | jurisdiction, improperly concealed within the
State or |
| 18 | | improperly separated from the child's primary |
| 19 | | caretaker.
|
| 20 | | (2) In comparing relative hardships resulting to the |
| 21 | | parties from loss
of possession of the family home, the |
| 22 | | court shall consider relevant
factors, including but not |
| 23 | | limited to the following:
|
| 24 | | (i) availability, accessibility, cost, safety, |
| 25 | | adequacy, location and other
characteristics of |
| 26 | | alternate housing for each party and any minor child or
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| 1 | | dependent adult in the party's care;
|
| 2 | | (ii) the effect on the party's employment; and
|
| 3 | | (iii) the effect on the relationship of the party, |
| 4 | | and any minor
child or dependent adult in the party's |
| 5 | | care, to family, school, church
and community.
|
| 6 | | (3) Subject to the exceptions set forth in paragraph |
| 7 | | (4) of this
subsection, the court shall make its findings |
| 8 | | in an official record or in
writing, and shall at a minimum |
| 9 | | set forth the following:
|
| 10 | | (i) That the court has considered the applicable |
| 11 | | relevant factors
described in paragraphs (1) and (2) of |
| 12 | | this subsection.
|
| 13 | | (ii) Whether the conduct or actions of respondent, |
| 14 | | unless
prohibited, will likely cause irreparable harm |
| 15 | | or continued abuse.
|
| 16 | | (iii) Whether it is necessary to grant the |
| 17 | | requested relief in order
to protect petitioner or |
| 18 | | other alleged abused persons.
|
| 19 | | (4) For purposes of issuing an ex parte emergency order |
| 20 | | of protection,
the court, as an alternative to or as a |
| 21 | | supplement to making the findings
described in paragraphs |
| 22 | | (c)(3)(i) through (c)(3)(iii) of this subsection, may use
|
| 23 | | the following procedure:
|
| 24 | | When a verified petition for an emergency order of |
| 25 | | protection in
accordance with the requirements of Sections |
| 26 | | 112A-5 and 112A-17 is
presented to the court, the court |
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| 1 | | shall examine petitioner on oath or
affirmation. An |
| 2 | | emergency order of protection shall be issued by the court
|
| 3 | | if it appears from the contents of the petition and the |
| 4 | | examination of
petitioner that the averments are |
| 5 | | sufficient to indicate abuse by
respondent and to support |
| 6 | | the granting of relief under the issuance of the
emergency |
| 7 | | order of protection.
|
| 8 | | (5) Never married parties. No rights or |
| 9 | | responsibilities for a minor
child born outside of marriage |
| 10 | | attach to a putative father until a father and
child |
| 11 | | relationship has been established under the Illinois |
| 12 | | Parentage Act of
1984. Absent such an adjudication, no |
| 13 | | putative father shall be granted
temporary custody of the |
| 14 | | minor child, visitation with the minor child, or
physical |
| 15 | | care
and possession of the minor child, nor shall
an order |
| 16 | | of payment for support of the minor child be entered.
|
| 17 | | (d) Balance of hardships; findings. If the court finds that |
| 18 | | the balance
of hardships does not support the granting of a |
| 19 | | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
|
| 20 | | subsection (b) of this Section,
which may require such |
| 21 | | balancing, the court's findings shall so
indicate and shall |
| 22 | | include a finding as to whether granting the remedy will
result |
| 23 | | in hardship to respondent that would substantially outweigh the |
| 24 | | hardship
to petitioner
from denial of the remedy. The findings |
| 25 | | shall be an official record or in
writing.
|
| 26 | | (e) Denial of remedies. Denial of any remedy shall not be |
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| 1 | | based, in
whole or in part, on evidence that:
|
| 2 | | (1) Respondent has cause for any use of force, unless |
| 3 | | that cause
satisfies the standards for justifiable use of |
| 4 | | force provided by Article
7 of the Criminal Code of 2012;
|
| 5 | | (2) Respondent was voluntarily intoxicated;
|
| 6 | | (3) Petitioner acted in self-defense or defense of |
| 7 | | another, provided
that, if petitioner utilized force, such |
| 8 | | force was justifiable under
Article 7 of the Criminal Code |
| 9 | | of 2012;
|
| 10 | | (4) Petitioner did not act in self-defense or defense |
| 11 | | of another;
|
| 12 | | (5) Petitioner left the residence or household to avoid |
| 13 | | further abuse
by respondent;
|
| 14 | | (6) Petitioner did not leave the residence or household |
| 15 | | to avoid further
abuse by respondent;
|
| 16 | | (7) Conduct by any family or household member excused |
| 17 | | the abuse by
respondent, unless that same conduct would |
| 18 | | have excused such abuse if the
parties had not been family |
| 19 | | or household members.
|
| 20 | | (Source: P.A. 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13; |
| 21 | | 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
|
| 22 | | Section 50. The Unified Code of Corrections is amended by |
| 23 | | changing Sections 5-5-3 and 5-5-3.2 as follows:
|
| 24 | | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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| 1 | | Sec. 5-5-3. Disposition.
|
| 2 | | (a) (Blank).
|
| 3 | | (b) (Blank).
|
| 4 | | (c) (1) (Blank).
|
| 5 | | (2) A period of probation, a term of periodic imprisonment |
| 6 | | or
conditional discharge shall not be imposed for the following |
| 7 | | offenses.
The court shall sentence the offender to not less |
| 8 | | than the minimum term
of imprisonment set forth in this Code |
| 9 | | for the following offenses, and
may order a fine or restitution |
| 10 | | or both in conjunction with such term of
imprisonment:
|
| 11 | | (A) First degree murder where the death penalty is not |
| 12 | | imposed.
|
| 13 | | (B) Attempted first degree murder.
|
| 14 | | (C) A Class X felony.
|
| 15 | | (D) A violation of Section 401.1 or 407 of the
Illinois |
| 16 | | Controlled Substances Act, or a violation of subdivision |
| 17 | | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates |
| 18 | | to more than 5 grams of a substance
containing cocaine, |
| 19 | | fentanyl, or an analog thereof.
|
| 20 | | (D-5) A violation of subdivision (c)(1) of
Section 401 |
| 21 | | of the Illinois Controlled Substances Act which relates to |
| 22 | | 3 or more grams of a substance
containing heroin or an |
| 23 | | analog thereof. |
| 24 | | (E) A violation of Section 5.1 or 9 of the Cannabis |
| 25 | | Control
Act.
|
| 26 | | (F) A Class 2 or greater felony if the offender had |
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| 1 | | been convicted
of a Class 2 or greater felony, including |
| 2 | | any state or federal conviction for an offense that |
| 3 | | contained, at the time it was committed, the same elements |
| 4 | | as an offense now (the date of the offense committed after |
| 5 | | the prior Class 2 or greater felony) classified as a Class |
| 6 | | 2 or greater felony, within 10 years of the date on which |
| 7 | | the
offender
committed the offense for which he or she is |
| 8 | | being sentenced, except as
otherwise provided in Section |
| 9 | | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency |
| 10 | | Act.
|
| 11 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of |
| 12 | | the Criminal Code of 1961 or the Criminal Code of 2012 for |
| 13 | | which imprisonment is prescribed in those Sections. |
| 14 | | (G) Residential burglary, except as otherwise provided |
| 15 | | in Section 40-10
of the Alcoholism and Other Drug Abuse and |
| 16 | | Dependency Act.
|
| 17 | | (H) Criminal sexual assault.
|
| 18 | | (I) Aggravated battery of a senior citizen as described |
| 19 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 |
| 20 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
|
| 21 | | (J) A forcible felony if the offense was related to the |
| 22 | | activities of an
organized gang.
|
| 23 | | Before July 1, 1994, for the purposes of this |
| 24 | | paragraph, "organized
gang" means an association of 5 or |
| 25 | | more persons, with an established hierarchy,
that |
| 26 | | encourages members of the association to perpetrate crimes |
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| 1 | | or provides
support to the members of the association who |
| 2 | | do commit crimes.
|
| 3 | | Beginning July 1, 1994, for the purposes of this |
| 4 | | paragraph,
"organized gang" has the meaning ascribed to it |
| 5 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
| 6 | | Prevention Act.
|
| 7 | | (K) Vehicular hijacking.
|
| 8 | | (L) A second or subsequent conviction for the offense |
| 9 | | of hate crime
when the underlying offense upon which the |
| 10 | | hate crime is based is felony
aggravated
assault or felony |
| 11 | | mob action.
|
| 12 | | (M) A second or subsequent conviction for the offense |
| 13 | | of institutional
vandalism if the damage to the property |
| 14 | | exceeds $300.
|
| 15 | | (N) A Class 3 felony violation of paragraph (1) of |
| 16 | | subsection (a) of
Section 2 of the Firearm Owners |
| 17 | | Identification Card and Certificate of Handgun |
| 18 | | Registration Act.
|
| 19 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
| 20 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
| 21 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
| 22 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal |
| 23 | | Code of 1961 or the Criminal Code of 2012.
|
| 24 | | (Q) A violation of subsection (b) or (b-5) of Section |
| 25 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
| 26 | | Code of
1961 or the Criminal Code of 2012.
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| 1 | | (R) A violation of Section 24-3A of the Criminal Code |
| 2 | | of
1961 or the Criminal Code of 2012.
|
| 3 | | (S) (Blank).
|
| 4 | | (T) A second or subsequent violation of the |
| 5 | | Methamphetamine Control and Community Protection Act.
|
| 6 | | (U) A second or subsequent violation of Section 6-303 |
| 7 | | of the Illinois Vehicle Code committed while his or her |
| 8 | | driver's license, permit, or privilege was revoked because |
| 9 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
| 10 | | or the Criminal Code of 2012, relating to the offense of |
| 11 | | reckless homicide, or a similar provision of a law of |
| 12 | | another state.
|
| 13 | | (V)
A violation of paragraph (4) of subsection (c) of |
| 14 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
| 15 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
| 16 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
| 17 | | Code of 2012 when the victim is under 13 years of age and |
| 18 | | the defendant has previously been convicted under the laws |
| 19 | | of this State or any other state of the offense of child |
| 20 | | pornography, aggravated child pornography, aggravated |
| 21 | | criminal sexual abuse, aggravated criminal sexual assault, |
| 22 | | predatory criminal sexual assault of a child, or any of the |
| 23 | | offenses formerly known as rape, deviate sexual assault, |
| 24 | | indecent liberties with a child, or aggravated indecent |
| 25 | | liberties with a child where the victim was under the age |
| 26 | | of 18 years or an offense that is substantially equivalent |
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| 1 | | to those offenses. |
| 2 | | (W) A violation of Section 24-3.5 of the Criminal Code |
| 3 | | of 1961 or the Criminal Code of 2012.
|
| 4 | | (X) A violation of subsection (a) of Section 31-1a of |
| 5 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
| 6 | | (Y) A conviction for unlawful possession of a firearm |
| 7 | | by a street gang member when the firearm was loaded or |
| 8 | | contained firearm ammunition. |
| 9 | | (Z) A Class 1 felony committed while he or she was |
| 10 | | serving a term of probation or conditional discharge for a |
| 11 | | felony. |
| 12 | | (AA) Theft of property exceeding $500,000 and not |
| 13 | | exceeding $1,000,000 in value. |
| 14 | | (BB) Laundering of criminally derived property of a |
| 15 | | value exceeding
$500,000. |
| 16 | | (CC) Knowingly selling, offering for sale, holding for |
| 17 | | sale, or using 2,000 or more counterfeit items or |
| 18 | | counterfeit items having a retail value in the aggregate of |
| 19 | | $500,000 or more. |
| 20 | | (DD) A conviction for aggravated assault under |
| 21 | | paragraph (6) of subsection (c) of Section 12-2 of the |
| 22 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
| 23 | | firearm is aimed toward the person against whom the firearm |
| 24 | | is being used. |
| 25 | | (3) (Blank).
|
| 26 | | (4) A minimum term of imprisonment of not less than 10
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| 1 | | consecutive days or 30 days of community service shall be |
| 2 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
| 3 | | the Illinois Vehicle Code.
|
| 4 | | (4.1) (Blank).
|
| 5 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
| 6 | | this subsection (c), a
minimum of
100 hours of community |
| 7 | | service shall be imposed for a second violation of
Section |
| 8 | | 6-303
of the Illinois Vehicle Code.
|
| 9 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
| 10 | | hours of community
service, as determined by the court, shall
|
| 11 | | be imposed for a second violation of subsection (c) of Section |
| 12 | | 6-303 of the
Illinois Vehicle Code.
|
| 13 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
| 14 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of |
| 15 | | 30 days or 300 hours of community service, as
determined by the |
| 16 | | court, shall
be imposed
for a third or subsequent violation of |
| 17 | | Section 6-303 of the Illinois Vehicle
Code.
|
| 18 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
| 19 | | imposed for a third violation of subsection (c) of
Section |
| 20 | | 6-303 of the Illinois Vehicle Code.
|
| 21 | | (4.6) Except as provided in paragraph (4.10) of this |
| 22 | | subsection (c), a minimum term of imprisonment of 180 days |
| 23 | | shall be imposed for a
fourth or subsequent violation of |
| 24 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
| 25 | | (4.7) A minimum term of imprisonment of not less than 30 |
| 26 | | consecutive days, or 300 hours of community service, shall be |
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| 1 | | imposed for a violation of subsection (a-5) of Section 6-303 of |
| 2 | | the Illinois Vehicle Code, as provided in subsection (b-5) of |
| 3 | | that Section.
|
| 4 | | (4.8) A mandatory prison sentence shall be imposed for a |
| 5 | | second violation of subsection (a-5) of Section 6-303 of the |
| 6 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
| 7 | | Section. The person's driving privileges shall be revoked for a |
| 8 | | period of not less than 5 years from the date of his or her |
| 9 | | release from prison.
|
| 10 | | (4.9) A mandatory prison sentence of not less than 4 and |
| 11 | | not more than 15 years shall be imposed for a third violation |
| 12 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
| 13 | | Code, as provided in subsection (d-2.5) of that Section. The |
| 14 | | person's driving privileges shall be revoked for the remainder |
| 15 | | of his or her life.
|
| 16 | | (4.10) A mandatory prison sentence for a Class 1 felony |
| 17 | | shall be imposed, and the person shall be eligible for an |
| 18 | | extended term sentence, for a fourth or subsequent violation of |
| 19 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, |
| 20 | | as provided in subsection (d-3.5) of that Section. The person's |
| 21 | | driving privileges shall be revoked for the remainder of his or |
| 22 | | her life.
|
| 23 | | (5) The court may sentence a corporation or unincorporated
|
| 24 | | association convicted of any offense to:
|
| 25 | | (A) a period of conditional discharge;
|
| 26 | | (B) a fine;
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| 1 | | (C) make restitution to the victim under Section 5-5-6 |
| 2 | | of this Code.
|
| 3 | | (5.1) In addition to any other penalties imposed, and |
| 4 | | except as provided in paragraph (5.2) or (5.3), a person
|
| 5 | | convicted of violating subsection (c) of Section 11-907 of the |
| 6 | | Illinois
Vehicle Code shall have his or her driver's license, |
| 7 | | permit, or privileges
suspended for at least 90 days but not |
| 8 | | more than one year, if the violation
resulted in damage to the |
| 9 | | property of another person.
|
| 10 | | (5.2) In addition to any other penalties imposed, and |
| 11 | | except as provided in paragraph (5.3), a person convicted
of |
| 12 | | violating subsection (c) of Section 11-907 of the Illinois |
| 13 | | Vehicle Code
shall have his or her driver's license, permit, or |
| 14 | | privileges suspended for at
least 180 days but not more than 2 |
| 15 | | years, if the violation resulted in injury
to
another person.
|
| 16 | | (5.3) In addition to any other penalties imposed, a person |
| 17 | | convicted of violating subsection (c) of Section
11-907 of the |
| 18 | | Illinois Vehicle Code shall have his or her driver's license,
|
| 19 | | permit, or privileges suspended for 2 years, if the violation |
| 20 | | resulted in the
death of another person.
|
| 21 | | (5.4) In addition to any other penalties imposed, a person |
| 22 | | convicted of violating Section 3-707 of the Illinois Vehicle |
| 23 | | Code shall have his or her driver's license, permit, or |
| 24 | | privileges suspended for 3 months and until he or she has paid |
| 25 | | a reinstatement fee of $100. |
| 26 | | (5.5) In addition to any other penalties imposed, a person |
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| 1 | | convicted of violating Section 3-707 of the Illinois Vehicle |
| 2 | | Code during a period in which his or her driver's license, |
| 3 | | permit, or privileges were suspended for a previous violation |
| 4 | | of that Section shall have his or her driver's license, permit, |
| 5 | | or privileges suspended for an additional 6 months after the |
| 6 | | expiration of the original 3-month suspension and until he or |
| 7 | | she has paid a reinstatement fee of $100.
|
| 8 | | (6) (Blank).
|
| 9 | | (7) (Blank).
|
| 10 | | (8) (Blank).
|
| 11 | | (9) A defendant convicted of a second or subsequent offense |
| 12 | | of ritualized
abuse of a child may be sentenced to a term of |
| 13 | | natural life imprisonment.
|
| 14 | | (10) (Blank).
|
| 15 | | (11) The court shall impose a minimum fine of $1,000 for a |
| 16 | | first offense
and $2,000 for a second or subsequent offense |
| 17 | | upon a person convicted of or
placed on supervision for battery |
| 18 | | when the individual harmed was a sports
official or coach at |
| 19 | | any level of competition and the act causing harm to the
sports
|
| 20 | | official or coach occurred within an athletic facility or |
| 21 | | within the immediate vicinity
of the athletic facility at which |
| 22 | | the sports official or coach was an active
participant
of the |
| 23 | | athletic contest held at the athletic facility. For the |
| 24 | | purposes of
this paragraph (11), "sports official" means a |
| 25 | | person at an athletic contest
who enforces the rules of the |
| 26 | | contest, such as an umpire or referee; "athletic facility" |
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| 1 | | means an indoor or outdoor playing field or recreational area |
| 2 | | where sports activities are conducted;
and "coach" means a |
| 3 | | person recognized as a coach by the sanctioning
authority that |
| 4 | | conducted the sporting event. |
| 5 | | (12) A person may not receive a disposition of court |
| 6 | | supervision for a
violation of Section 5-16 of the Boat |
| 7 | | Registration and Safety Act if that
person has previously |
| 8 | | received a disposition of court supervision for a
violation of |
| 9 | | that Section.
|
| 10 | | (13) A person convicted of or placed on court supervision |
| 11 | | for an assault or aggravated assault when the victim and the |
| 12 | | offender are family or household members as defined in Section |
| 13 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
| 14 | | of domestic battery or aggravated domestic battery may be |
| 15 | | required to attend a Partner Abuse Intervention Program under |
| 16 | | protocols set forth by the Illinois Department of Human |
| 17 | | Services under such terms and conditions imposed by the court. |
| 18 | | The costs of such classes shall be paid by the offender.
|
| 19 | | (d) In any case in which a sentence originally imposed is |
| 20 | | vacated,
the case shall be remanded to the trial court. The |
| 21 | | trial court shall
hold a hearing under Section 5-4-1 of the |
| 22 | | Unified Code of Corrections
which may include evidence of the |
| 23 | | defendant's life, moral character and
occupation during the |
| 24 | | time since the original sentence was passed. The
trial court |
| 25 | | shall then impose sentence upon the defendant. The trial
court |
| 26 | | may impose any sentence which could have been imposed at the
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| 1 | | original trial subject to Section 5-5-4 of the Unified Code of |
| 2 | | Corrections.
If a sentence is vacated on appeal or on |
| 3 | | collateral attack due to the
failure of the trier of fact at |
| 4 | | trial to determine beyond a reasonable doubt
the
existence of a |
| 5 | | fact (other than a prior conviction) necessary to increase the
|
| 6 | | punishment for the offense beyond the statutory maximum |
| 7 | | otherwise applicable,
either the defendant may be re-sentenced |
| 8 | | to a term within the range otherwise
provided or, if the State |
| 9 | | files notice of its intention to again seek the
extended |
| 10 | | sentence, the defendant shall be afforded a new trial.
|
| 11 | | (e) In cases where prosecution for
aggravated criminal |
| 12 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
| 13 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
| 14 | | of a defendant
who was a family member of the victim at the |
| 15 | | time of the commission of the
offense, the court shall consider |
| 16 | | the safety and welfare of the victim and
may impose a sentence |
| 17 | | of probation only where:
|
| 18 | | (1) the court finds (A) or (B) or both are appropriate:
|
| 19 | | (A) the defendant is willing to undergo a court |
| 20 | | approved counseling
program for a minimum duration of 2 |
| 21 | | years; or
|
| 22 | | (B) the defendant is willing to participate in a |
| 23 | | court approved plan
including but not limited to the |
| 24 | | defendant's:
|
| 25 | | (i) removal from the household;
|
| 26 | | (ii) restricted contact with the victim;
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| 1 | | (iii) continued financial support of the |
| 2 | | family;
|
| 3 | | (iv) restitution for harm done to the victim; |
| 4 | | and
|
| 5 | | (v) compliance with any other measures that |
| 6 | | the court may
deem appropriate; and
|
| 7 | | (2) the court orders the defendant to pay for the |
| 8 | | victim's counseling
services, to the extent that the court |
| 9 | | finds, after considering the
defendant's income and |
| 10 | | assets, that the defendant is financially capable of
paying |
| 11 | | for such services, if the victim was under 18 years of age |
| 12 | | at the
time the offense was committed and requires |
| 13 | | counseling as a result of the
offense.
|
| 14 | | Probation may be revoked or modified pursuant to Section |
| 15 | | 5-6-4; except
where the court determines at the hearing that |
| 16 | | the defendant violated a
condition of his or her probation |
| 17 | | restricting contact with the victim or
other family members or |
| 18 | | commits another offense with the victim or other
family |
| 19 | | members, the court shall revoke the defendant's probation and
|
| 20 | | impose a term of imprisonment.
|
| 21 | | For the purposes of this Section, "family member" and |
| 22 | | "victim" shall have
the meanings ascribed to them in Section |
| 23 | | 11-0.1 of the Criminal Code of
2012.
|
| 24 | | (f) (Blank).
|
| 25 | | (g) Whenever a defendant is convicted of an offense under |
| 26 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
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| 1 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
| 2 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
| 3 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
| 4 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the |
| 5 | | Criminal Code of 2012,
the defendant shall undergo medical |
| 6 | | testing to
determine whether the defendant has any sexually |
| 7 | | transmissible disease,
including a test for infection with |
| 8 | | human immunodeficiency virus (HIV) or
any other identified |
| 9 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
| 10 | | Any such medical test shall be performed only by appropriately
|
| 11 | | licensed medical practitioners and may include an analysis of |
| 12 | | any bodily
fluids as well as an examination of the defendant's |
| 13 | | person.
Except as otherwise provided by law, the results of |
| 14 | | such test shall be kept
strictly confidential by all medical |
| 15 | | personnel involved in the testing and must
be personally |
| 16 | | delivered in a sealed envelope to the judge of the court in |
| 17 | | which
the conviction was entered for the judge's inspection in |
| 18 | | camera. Acting in
accordance with the best interests of the |
| 19 | | victim and the public, the judge
shall have the discretion to |
| 20 | | determine to whom, if anyone, the results of the
testing may be |
| 21 | | revealed. The court shall notify the defendant
of the test |
| 22 | | results. The court shall
also notify the victim if requested by |
| 23 | | the victim, and if the victim is under
the age of 15 and if |
| 24 | | requested by the victim's parents or legal guardian, the
court |
| 25 | | shall notify the victim's parents or legal guardian of the test
|
| 26 | | results.
The court shall provide information on the |
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| 1 | | availability of HIV testing
and counseling at Department of |
| 2 | | Public Health facilities to all parties to
whom the results of |
| 3 | | the testing are revealed and shall direct the State's
Attorney |
| 4 | | to provide the information to the victim when possible.
A |
| 5 | | State's Attorney may petition the court to obtain the results |
| 6 | | of any HIV test
administered under this Section, and the court |
| 7 | | shall grant the disclosure if
the State's Attorney shows it is |
| 8 | | relevant in order to prosecute a charge of
criminal |
| 9 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the |
| 10 | | Criminal Code of 1961 or the Criminal Code of 2012
against the |
| 11 | | defendant. The court shall order that the cost of any such test
|
| 12 | | shall be paid by the county and may be taxed as costs against |
| 13 | | the convicted
defendant.
|
| 14 | | (g-5) When an inmate is tested for an airborne communicable |
| 15 | | disease, as
determined by the Illinois Department of Public |
| 16 | | Health including but not
limited to tuberculosis, the results |
| 17 | | of the test shall be
personally delivered by the warden or his |
| 18 | | or her designee in a sealed envelope
to the judge of the court |
| 19 | | in which the inmate must appear for the judge's
inspection in |
| 20 | | camera if requested by the judge. Acting in accordance with the
|
| 21 | | best interests of those in the courtroom, the judge shall have |
| 22 | | the discretion
to determine what if any precautions need to be |
| 23 | | taken to prevent transmission
of the disease in the courtroom.
|
| 24 | | (h) Whenever a defendant is convicted of an offense under |
| 25 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
| 26 | | defendant shall undergo
medical testing to determine whether |
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| 1 | | the defendant has been exposed to human
immunodeficiency virus |
| 2 | | (HIV) or any other identified causative agent of
acquired |
| 3 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
| 4 | | by
law, the results of such test shall be kept strictly |
| 5 | | confidential by all
medical personnel involved in the testing |
| 6 | | and must be personally delivered in a
sealed envelope to the |
| 7 | | judge of the court in which the conviction was entered
for the |
| 8 | | judge's inspection in camera. Acting in accordance with the |
| 9 | | best
interests of the public, the judge shall have the |
| 10 | | discretion to determine to
whom, if anyone, the results of the |
| 11 | | testing may be revealed. The court shall
notify the defendant |
| 12 | | of a positive test showing an infection with the human
|
| 13 | | immunodeficiency virus (HIV). The court shall provide |
| 14 | | information on the
availability of HIV testing and counseling |
| 15 | | at Department of Public Health
facilities to all parties to |
| 16 | | whom the results of the testing are revealed and
shall direct |
| 17 | | the State's Attorney to provide the information to the victim |
| 18 | | when
possible. A State's Attorney may petition the court to |
| 19 | | obtain the results of
any HIV test administered under this |
| 20 | | Section, and the court shall grant the
disclosure if the |
| 21 | | State's Attorney shows it is relevant in order to prosecute a
|
| 22 | | charge of criminal transmission of HIV under Section 12-5.01 or |
| 23 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
| 24 | | 2012 against the defendant. The court shall order that the cost |
| 25 | | of any
such test shall be paid by the county and may be taxed as |
| 26 | | costs against the
convicted defendant.
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| 1 | | (i) All fines and penalties imposed under this Section for |
| 2 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
| 3 | | Vehicle Code, or a similar
provision of a local ordinance, and |
| 4 | | any violation
of the Child Passenger Protection Act, or a |
| 5 | | similar provision of a local
ordinance, shall be collected and |
| 6 | | disbursed by the circuit
clerk as provided under Section 27.5 |
| 7 | | of the Clerks of Courts Act.
|
| 8 | | (j) In cases when prosecution for any violation of Section |
| 9 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
| 10 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
| 11 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
| 12 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
| 13 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
| 14 | | Code of 2012, any violation of the Illinois Controlled |
| 15 | | Substances Act,
any violation of the Cannabis Control Act, or |
| 16 | | any violation of the Methamphetamine Control and Community |
| 17 | | Protection Act results in conviction, a
disposition of court |
| 18 | | supervision, or an order of probation granted under
Section 10 |
| 19 | | of the Cannabis Control Act, Section 410 of the Illinois
|
| 20 | | Controlled Substances Act, or Section 70 of the Methamphetamine |
| 21 | | Control and Community Protection Act of a defendant, the court |
| 22 | | shall determine whether the
defendant is employed by a facility |
| 23 | | or center as defined under the Child Care
Act of 1969, a public |
| 24 | | or private elementary or secondary school, or otherwise
works |
| 25 | | with children under 18 years of age on a daily basis. When a |
| 26 | | defendant
is so employed, the court shall order the Clerk of |
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| 1 | | the Court to send a copy of
the judgment of conviction or order |
| 2 | | of supervision or probation to the
defendant's employer by |
| 3 | | certified mail.
If the employer of the defendant is a school, |
| 4 | | the Clerk of the Court shall
direct the mailing of a copy of |
| 5 | | the judgment of conviction or order of
supervision or probation |
| 6 | | to the appropriate regional superintendent of schools.
The |
| 7 | | regional superintendent of schools shall notify the State Board |
| 8 | | of
Education of any notification under this subsection.
|
| 9 | | (j-5) A defendant at least 17 years of age who is convicted |
| 10 | | of a felony and
who has not been previously convicted of a |
| 11 | | misdemeanor or felony and who is
sentenced to a term of |
| 12 | | imprisonment in the Illinois Department of Corrections
shall as |
| 13 | | a condition of his or her sentence be required by the court to |
| 14 | | attend
educational courses designed to prepare the defendant |
| 15 | | for a high school diploma
and to work toward a high school |
| 16 | | diploma or to work toward passing high school equivalency |
| 17 | | testing or to work toward
completing a vocational training |
| 18 | | program offered by the Department of
Corrections. If a |
| 19 | | defendant fails to complete the educational training
required |
| 20 | | by his or her sentence during the term of incarceration, the |
| 21 | | Prisoner
Review Board shall, as a condition of mandatory |
| 22 | | supervised release, require the
defendant, at his or her own |
| 23 | | expense, to pursue a course of study toward a high
school |
| 24 | | diploma or passage of high school equivalency testing. The |
| 25 | | Prisoner Review Board shall
revoke the mandatory supervised |
| 26 | | release of a defendant who wilfully fails to
comply with this |
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| 1 | | subsection (j-5) upon his or her release from confinement in a
|
| 2 | | penal institution while serving a mandatory supervised release |
| 3 | | term; however,
the inability of the defendant after making a |
| 4 | | good faith effort to obtain
financial aid or pay for the |
| 5 | | educational training shall not be deemed a wilful
failure to |
| 6 | | comply. The Prisoner Review Board shall recommit the defendant
|
| 7 | | whose mandatory supervised release term has been revoked under |
| 8 | | this subsection
(j-5) as provided in Section 3-3-9. This |
| 9 | | subsection (j-5) does not apply to a
defendant who has a high |
| 10 | | school diploma or has successfully passed high school |
| 11 | | equivalency testing. This subsection (j-5) does not apply to a |
| 12 | | defendant who is determined by
the court to be developmentally |
| 13 | | disabled or otherwise mentally incapable of
completing the |
| 14 | | educational or vocational program.
|
| 15 | | (k) (Blank).
|
| 16 | | (l) (A) Except as provided
in paragraph (C) of subsection |
| 17 | | (l), whenever a defendant,
who is an alien as defined by the |
| 18 | | Immigration and Nationality Act, is convicted
of any felony or |
| 19 | | misdemeanor offense, the court after sentencing the defendant
|
| 20 | | may, upon motion of the State's Attorney, hold sentence in |
| 21 | | abeyance and remand
the defendant to the custody of the |
| 22 | | Attorney General of
the United States or his or her designated |
| 23 | | agent to be deported when:
|
| 24 | | (1) a final order of deportation has been issued |
| 25 | | against the defendant
pursuant to proceedings under the |
| 26 | | Immigration and Nationality Act, and
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| 1 | | (2) the deportation of the defendant would not |
| 2 | | deprecate the seriousness
of the defendant's conduct and |
| 3 | | would not be inconsistent with the ends of
justice.
|
| 4 | | Otherwise, the defendant shall be sentenced as provided in |
| 5 | | this Chapter V.
|
| 6 | | (B) If the defendant has already been sentenced for a |
| 7 | | felony or
misdemeanor
offense, or has been placed on probation |
| 8 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
| 9 | | the Illinois Controlled Substances Act, or Section 70 of the |
| 10 | | Methamphetamine Control and Community Protection Act, the |
| 11 | | court
may, upon motion of the State's Attorney to suspend the
|
| 12 | | sentence imposed, commit the defendant to the custody of the |
| 13 | | Attorney General
of the United States or his or her designated |
| 14 | | agent when:
|
| 15 | | (1) a final order of deportation has been issued |
| 16 | | against the defendant
pursuant to proceedings under the |
| 17 | | Immigration and Nationality Act, and
|
| 18 | | (2) the deportation of the defendant would not |
| 19 | | deprecate the seriousness
of the defendant's conduct and |
| 20 | | would not be inconsistent with the ends of
justice.
|
| 21 | | (C) This subsection (l) does not apply to offenders who are |
| 22 | | subject to the
provisions of paragraph (2) of subsection (a) of |
| 23 | | Section 3-6-3.
|
| 24 | | (D) Upon motion of the State's Attorney, if a defendant |
| 25 | | sentenced under
this Section returns to the jurisdiction of the |
| 26 | | United States, the defendant
shall be recommitted to the |
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| 1 | | custody of the county from which he or she was
sentenced.
|
| 2 | | Thereafter, the defendant shall be brought before the |
| 3 | | sentencing court, which
may impose any sentence that was |
| 4 | | available under Section 5-5-3 at the time of
initial |
| 5 | | sentencing. In addition, the defendant shall not be eligible |
| 6 | | for
additional sentence credit for good conduct as provided |
| 7 | | under
Section 3-6-3.
|
| 8 | | (m) A person convicted of criminal defacement of property |
| 9 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
| 10 | | Criminal Code of 2012, in which the property damage exceeds |
| 11 | | $300
and the property damaged is a school building, shall be |
| 12 | | ordered to perform
community service that may include cleanup, |
| 13 | | removal, or painting over the
defacement.
|
| 14 | | (n) The court may sentence a person convicted of a |
| 15 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
| 16 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
| 17 | | of 1961 or the Criminal Code of 2012 (i) to an impact
|
| 18 | | incarceration program if the person is otherwise eligible for |
| 19 | | that program
under Section 5-8-1.1, (ii) to community service, |
| 20 | | or (iii) if the person is an
addict or alcoholic, as defined in |
| 21 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a |
| 22 | | substance or alcohol abuse program licensed under that
Act. |
| 23 | | (o) Whenever a person is convicted of a sex offense as |
| 24 | | defined in Section 2 of the Sex Offender Registration Act, the |
| 25 | | defendant's driver's license or permit shall be subject to |
| 26 | | renewal on an annual basis in accordance with the provisions of |
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| 1 | | license renewal established by the Secretary of State.
|
| 2 | | (Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; |
| 3 | | 97-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. |
| 4 | | 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756, |
| 5 | | eff. 7-16-14.)
|
| 6 | | (730 ILCS 5/5-5-3.2)
|
| 7 | | Sec. 5-5-3.2. Factors in Aggravation and Extended-Term |
| 8 | | Sentencing.
|
| 9 | | (a) The following factors shall be accorded weight in favor |
| 10 | | of
imposing a term of imprisonment or may be considered by the |
| 11 | | court as reasons
to impose a more severe sentence under Section |
| 12 | | 5-8-1 or Article 4.5 of Chapter V:
|
| 13 | | (1) the defendant's conduct caused or threatened |
| 14 | | serious harm;
|
| 15 | | (2) the defendant received compensation for committing |
| 16 | | the offense;
|
| 17 | | (3) the defendant has a history of prior delinquency or |
| 18 | | criminal activity;
|
| 19 | | (4) the defendant, by the duties of his office or by |
| 20 | | his position,
was obliged to prevent the particular offense |
| 21 | | committed or to bring
the offenders committing it to |
| 22 | | justice;
|
| 23 | | (5) the defendant held public office at the time of the |
| 24 | | offense,
and the offense related to the conduct of that |
| 25 | | office;
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| 1 | | (6) the defendant utilized his professional reputation |
| 2 | | or
position in the community to commit the offense, or to |
| 3 | | afford
him an easier means of committing it;
|
| 4 | | (7) the sentence is necessary to deter others from |
| 5 | | committing
the same crime;
|
| 6 | | (8) the defendant committed the offense against a |
| 7 | | person 60 years of age
or older or such person's property;
|
| 8 | | (9) the defendant committed the offense against a |
| 9 | | person who is
physically handicapped or such person's |
| 10 | | property;
|
| 11 | | (10) by reason of another individual's actual or |
| 12 | | perceived race, color,
creed, religion, ancestry, gender, |
| 13 | | sexual orientation, physical or mental
disability, or |
| 14 | | national origin, the defendant committed the offense |
| 15 | | against (i)
the person or property
of that individual; (ii) |
| 16 | | the person or property of a person who has an
association |
| 17 | | with, is married to, or has a friendship with the other |
| 18 | | individual;
or (iii) the person or property of a relative |
| 19 | | (by blood or marriage) of a
person described in clause (i) |
| 20 | | or (ii). For the purposes of this Section,
"sexual |
| 21 | | orientation" means heterosexuality, homosexuality, or |
| 22 | | bisexuality;
|
| 23 | | (11) the offense took place in a place of worship or on |
| 24 | | the
grounds of a place of worship, immediately prior to, |
| 25 | | during or immediately
following worship services. For |
| 26 | | purposes of this subparagraph, "place of
worship" shall |
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| 1 | | mean any church, synagogue or other building, structure or
|
| 2 | | place used primarily for religious worship;
|
| 3 | | (12) the defendant was convicted of a felony committed |
| 4 | | while he was
released on bail or his own recognizance |
| 5 | | pending trial for a prior felony
and was convicted of such |
| 6 | | prior felony, or the defendant was convicted of a
felony |
| 7 | | committed while he was serving a period of probation,
|
| 8 | | conditional discharge, or mandatory supervised release |
| 9 | | under subsection (d)
of Section 5-8-1
for a prior felony;
|
| 10 | | (13) the defendant committed or attempted to commit a |
| 11 | | felony while he
was wearing a bulletproof vest. For the |
| 12 | | purposes of this paragraph (13), a
bulletproof vest is any |
| 13 | | device which is designed for the purpose of
protecting the |
| 14 | | wearer from bullets, shot or other lethal projectiles;
|
| 15 | | (14) the defendant held a position of trust or |
| 16 | | supervision such as, but
not limited to, family member as |
| 17 | | defined in Section 11-0.1 of the Criminal Code
of 2012, |
| 18 | | teacher, scout leader, baby sitter, or day care worker, in
|
| 19 | | relation to a victim under 18 years of age, and the |
| 20 | | defendant committed an
offense in violation of Section |
| 21 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
| 22 | | 11-14.4 except for an offense that involves keeping a place |
| 23 | | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
|
| 24 | | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 |
| 25 | | or 12-16 of the Criminal Code of 1961 or the Criminal Code |
| 26 | | of 2012
against
that victim;
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| 1 | | (15) the defendant committed an offense related to the |
| 2 | | activities of an
organized gang. For the purposes of this |
| 3 | | factor, "organized gang" has the
meaning ascribed to it in |
| 4 | | Section 10 of the Streetgang Terrorism Omnibus
Prevention |
| 5 | | Act;
|
| 6 | | (16) the defendant committed an offense in violation of |
| 7 | | one of the
following Sections while in a school, regardless |
| 8 | | of the time of day or time of
year; on any conveyance |
| 9 | | owned, leased, or contracted by a school to transport
|
| 10 | | students to or from school or a school related activity; on |
| 11 | | the real property
of a school; or on a public way within |
| 12 | | 1,000 feet of the real property
comprising any school: |
| 13 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
| 14 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
|
| 15 | | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, |
| 16 | | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, |
| 17 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision |
| 18 | | (a)(4) or (g)(1), of the Criminal Code of
1961 or the |
| 19 | | Criminal Code of 2012;
|
| 20 | | (16.5) the defendant committed an offense in violation |
| 21 | | of one of the
following Sections while in a day care |
| 22 | | center, regardless of the time of day or
time of year; on |
| 23 | | the real property of a day care center, regardless of the |
| 24 | | time
of day or time of year; or on a public
way within |
| 25 | | 1,000 feet of the real property comprising any day care |
| 26 | | center,
regardless of the time of day or time of year:
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| 1 | | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
| 2 | | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, |
| 3 | | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
| 4 | | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
| 5 | | 18-2, or 33A-2, or Section 12-3.05 except for subdivision |
| 6 | | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the |
| 7 | | Criminal Code of 2012;
|
| 8 | | (17) the defendant committed the offense by reason of |
| 9 | | any person's
activity as a community policing volunteer or |
| 10 | | to prevent any person from
engaging in activity as a |
| 11 | | community policing volunteer. For the purpose of
this |
| 12 | | Section, "community policing volunteer" has the meaning |
| 13 | | ascribed to it in
Section 2-3.5 of the Criminal Code of |
| 14 | | 2012;
|
| 15 | | (18) the defendant committed the offense in a nursing |
| 16 | | home or on the
real
property comprising a nursing home. For |
| 17 | | the purposes of this paragraph (18),
"nursing home" means a |
| 18 | | skilled nursing
or intermediate long term care facility |
| 19 | | that is subject to license by the
Illinois Department of |
| 20 | | Public Health under the Nursing Home Care
Act, the |
| 21 | | Specialized Mental Health Rehabilitation Act of 2013, or |
| 22 | | the ID/DD Community Care Act;
|
| 23 | | (19) the defendant was a federally licensed firearm |
| 24 | | dealer
and
was
previously convicted of a violation of |
| 25 | | subsection (a) of Section 3 of the
Firearm Owners |
| 26 | | Identification Card and Certificate of Handgun |
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| 1 | | Registration Act and has now committed either a felony
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| 2 | | violation
of the Firearm Owners Identification Card and |
| 3 | | Certificate of Handgun Registration Act or an act of armed |
| 4 | | violence while
armed
with a firearm; |
| 5 | | (20) the defendant (i) committed the offense of |
| 6 | | reckless homicide under Section 9-3 of the Criminal Code of |
| 7 | | 1961 or the Criminal Code of 2012 or the offense of driving |
| 8 | | under the influence of alcohol, other drug or
drugs, |
| 9 | | intoxicating compound or compounds or any combination |
| 10 | | thereof under Section 11-501 of the Illinois Vehicle Code |
| 11 | | or a similar provision of a local ordinance and (ii) was |
| 12 | | operating a motor vehicle in excess of 20 miles per hour |
| 13 | | over the posted speed limit as provided in Article VI of |
| 14 | | Chapter 11 of the Illinois Vehicle Code;
|
| 15 | | (21) the defendant (i) committed the offense of |
| 16 | | reckless driving or aggravated reckless driving under |
| 17 | | Section 11-503 of the Illinois Vehicle Code and (ii) was |
| 18 | | operating a motor vehicle in excess of 20 miles per hour |
| 19 | | over the posted speed limit as provided in Article VI of |
| 20 | | Chapter 11 of the Illinois Vehicle Code; |
| 21 | | (22) the defendant committed the offense against a |
| 22 | | person that the defendant knew, or reasonably should have |
| 23 | | known, was a member of the Armed Forces of the United |
| 24 | | States serving on active duty. For purposes of this clause |
| 25 | | (22), the term "Armed Forces" means any of the Armed Forces |
| 26 | | of the United States, including a member of any reserve |
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| 1 | | component thereof or National Guard unit called to active |
| 2 | | duty;
|
| 3 | | (23)
the defendant committed the offense against a |
| 4 | | person who was elderly, disabled, or infirm by taking |
| 5 | | advantage of a family or fiduciary relationship with the |
| 6 | | elderly, disabled, or infirm person;
|
| 7 | | (24)
the defendant committed any offense under Section |
| 8 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code |
| 9 | | of 2012 and possessed 100 or more images;
|
| 10 | | (25) the defendant committed the offense while the |
| 11 | | defendant or the victim was in a train, bus, or other |
| 12 | | vehicle used for public transportation; |
| 13 | | (26) the defendant committed the offense of child |
| 14 | | pornography or aggravated child pornography, specifically |
| 15 | | including paragraph (1), (2), (3), (4), (5), or (7) of |
| 16 | | subsection (a) of Section 11-20.1 of the Criminal Code of |
| 17 | | 1961 or the Criminal Code of 2012 where a child engaged in, |
| 18 | | solicited for, depicted in, or posed in any act of sexual |
| 19 | | penetration or bound, fettered, or subject to sadistic, |
| 20 | | masochistic, or sadomasochistic abuse in a sexual context |
| 21 | | and specifically including paragraph (1), (2), (3), (4), |
| 22 | | (5), or (7) of subsection (a) of Section 11-20.1B or |
| 23 | | Section 11-20.3 of the Criminal Code of 1961 where a child |
| 24 | | engaged in, solicited for, depicted in, or posed in any act |
| 25 | | of sexual penetration or bound, fettered, or subject to |
| 26 | | sadistic, masochistic, or sadomasochistic abuse in a |
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| 1 | | sexual context; |
| 2 | | (27) the defendant committed the offense of first |
| 3 | | degree murder, assault, aggravated assault, battery, |
| 4 | | aggravated battery, robbery, armed robbery, or aggravated |
| 5 | | robbery against a person who was a veteran and the |
| 6 | | defendant knew, or reasonably should have known, that the |
| 7 | | person was a veteran performing duties as a representative |
| 8 | | of a veterans' organization. For the purposes of this |
| 9 | | paragraph (27), "veteran" means an Illinois resident who |
| 10 | | has served as a member of the United States Armed Forces, a |
| 11 | | member of the Illinois National Guard, or a member of the |
| 12 | | United States Reserve Forces; and "veterans' organization" |
| 13 | | means an organization comprised of members of
which |
| 14 | | substantially all are individuals who are veterans or |
| 15 | | spouses,
widows, or widowers of veterans, the primary |
| 16 | | purpose of which is to
promote the welfare of its members |
| 17 | | and to provide assistance to the general
public in such a |
| 18 | | way as to confer a public benefit; or |
| 19 | | (28) the defendant committed the offense of assault, |
| 20 | | aggravated assault, battery, aggravated battery, robbery, |
| 21 | | armed robbery, or aggravated robbery against a person that |
| 22 | | the defendant knew or reasonably should have known was a |
| 23 | | letter carrier or postal worker while that person was |
| 24 | | performing his or her duties delivering mail for the United |
| 25 | | States Postal Service. |
| 26 | | For the purposes of this Section:
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| 1 | | "School" is defined as a public or private
elementary or |
| 2 | | secondary school, community college, college, or university.
|
| 3 | | "Day care center" means a public or private State certified |
| 4 | | and
licensed day care center as defined in Section 2.09 of the |
| 5 | | Child Care Act of
1969 that displays a sign in plain view |
| 6 | | stating that the
property is a day care center.
|
| 7 | | "Public transportation" means the transportation
or |
| 8 | | conveyance of persons by means available to the general public, |
| 9 | | and includes paratransit services. |
| 10 | | (b) The following factors, related to all felonies, may be |
| 11 | | considered by the court as
reasons to impose an extended term |
| 12 | | sentence under Section 5-8-2
upon any offender:
|
| 13 | | (1) When a defendant is convicted of any felony, after |
| 14 | | having
been previously convicted in Illinois or any other |
| 15 | | jurisdiction of the
same or similar class felony or greater |
| 16 | | class felony, when such conviction
has occurred within 10 |
| 17 | | years after the
previous conviction, excluding time spent |
| 18 | | in custody, and such charges are
separately brought and |
| 19 | | tried and arise out of different series of acts; or
|
| 20 | | (2) When a defendant is convicted of any felony and the |
| 21 | | court
finds that the offense was accompanied by |
| 22 | | exceptionally brutal
or heinous behavior indicative of |
| 23 | | wanton cruelty; or
|
| 24 | | (3) When a defendant is convicted of any felony |
| 25 | | committed against:
|
| 26 | | (i) a person under 12 years of age at the time of |
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| 1 | | the offense or such
person's property;
|
| 2 | | (ii) a person 60 years of age or older at the time |
| 3 | | of the offense or
such person's property; or
|
| 4 | | (iii) a person physically handicapped at the time |
| 5 | | of the offense or
such person's property; or
|
| 6 | | (4) When a defendant is convicted of any felony and the |
| 7 | | offense
involved any of the following types of specific |
| 8 | | misconduct committed as
part of a ceremony, rite, |
| 9 | | initiation, observance, performance, practice or
activity |
| 10 | | of any actual or ostensible religious, fraternal, or social |
| 11 | | group:
|
| 12 | | (i) the brutalizing or torturing of humans or |
| 13 | | animals;
|
| 14 | | (ii) the theft of human corpses;
|
| 15 | | (iii) the kidnapping of humans;
|
| 16 | | (iv) the desecration of any cemetery, religious, |
| 17 | | fraternal, business,
governmental, educational, or |
| 18 | | other building or property; or
|
| 19 | | (v) ritualized abuse of a child; or
|
| 20 | | (5) When a defendant is convicted of a felony other |
| 21 | | than conspiracy and
the court finds that
the felony was |
| 22 | | committed under an agreement with 2 or more other persons
|
| 23 | | to commit that offense and the defendant, with respect to |
| 24 | | the other
individuals, occupied a position of organizer, |
| 25 | | supervisor, financier, or any
other position of management |
| 26 | | or leadership, and the court further finds that
the felony |
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| 1 | | committed was related to or in furtherance of the criminal
|
| 2 | | activities of an organized gang or was motivated by the |
| 3 | | defendant's leadership
in an organized gang; or
|
| 4 | | (6) When a defendant is convicted of an offense |
| 5 | | committed while using a firearm with a
laser sight attached |
| 6 | | to it. For purposes of this paragraph, "laser sight"
has |
| 7 | | the meaning ascribed to it in Section 26-7 of the Criminal |
| 8 | | Code of
2012; or
|
| 9 | | (7) When a defendant who was at least 17 years of age |
| 10 | | at the
time of
the commission of the offense is convicted |
| 11 | | of a felony and has been previously
adjudicated a |
| 12 | | delinquent minor under the Juvenile Court Act of 1987 for |
| 13 | | an act
that if committed by an adult would be a Class X or |
| 14 | | Class 1 felony when the
conviction has occurred within 10 |
| 15 | | years after the previous adjudication,
excluding time |
| 16 | | spent in custody; or
|
| 17 | | (8) When a defendant commits any felony and the |
| 18 | | defendant used, possessed, exercised control over, or |
| 19 | | otherwise directed an animal to assault a law enforcement |
| 20 | | officer engaged in the execution of his or her official |
| 21 | | duties or in furtherance of the criminal activities of an |
| 22 | | organized gang in which the defendant is engaged; or
|
| 23 | | (9) When a defendant commits any felony and the |
| 24 | | defendant knowingly video or audio records the offense with |
| 25 | | the intent to disseminate the recording. |
| 26 | | (c) The following factors may be considered by the court as |
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| 1 | | reasons to impose an extended term sentence under Section 5-8-2 |
| 2 | | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: |
| 3 | | (1) When a defendant is convicted of first degree |
| 4 | | murder, after having been previously convicted in Illinois |
| 5 | | of any offense listed under paragraph (c)(2) of Section |
| 6 | | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred |
| 7 | | within 10 years after the previous conviction, excluding |
| 8 | | time spent in custody, and the charges are separately |
| 9 | | brought and tried and arise out of different series of |
| 10 | | acts. |
| 11 | | (1.5) When a defendant is convicted of first degree |
| 12 | | murder, after having been previously convicted of domestic |
| 13 | | battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
| 14 | | (720 ILCS 5/12-3.3) committed on the same victim or after |
| 15 | | having been previously convicted of violation of an order |
| 16 | | of protection (720 ILCS 5/12-30) in which the same victim |
| 17 | | was the protected person. |
| 18 | | (2) When a defendant is convicted of voluntary |
| 19 | | manslaughter, second degree murder, involuntary |
| 20 | | manslaughter, or reckless homicide in which the defendant |
| 21 | | has been convicted of causing the death of more than one |
| 22 | | individual. |
| 23 | | (3) When a defendant is convicted of aggravated |
| 24 | | criminal sexual assault or criminal sexual assault, when |
| 25 | | there is a finding that aggravated criminal sexual assault |
| 26 | | or criminal sexual assault was also committed on the same |
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| 1 | | victim by one or more other individuals, and the defendant |
| 2 | | voluntarily participated in the crime with the knowledge of |
| 3 | | the participation of the others in the crime, and the |
| 4 | | commission of the crime was part of a single course of |
| 5 | | conduct during which there was no substantial change in the |
| 6 | | nature of the criminal objective. |
| 7 | | (4) If the victim was under 18 years of age at the time |
| 8 | | of the commission of the offense, when a defendant is |
| 9 | | convicted of aggravated criminal sexual assault or |
| 10 | | predatory criminal sexual assault of a child under |
| 11 | | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
| 12 | | of Section 12-14.1 of the Criminal Code of 1961 or the |
| 13 | | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). |
| 14 | | (5) When a defendant is convicted of a felony violation |
| 15 | | of Section 24-1 of the Criminal Code of 1961 or the |
| 16 | | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
| 17 | | finding that the defendant is a member of an organized |
| 18 | | gang. |
| 19 | | (6) When a defendant was convicted of unlawful use of |
| 20 | | weapons under Section 24-1 of the Criminal Code of 1961 or |
| 21 | | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing |
| 22 | | a weapon that is not readily distinguishable as one of the |
| 23 | | weapons enumerated in Section 24-1 of the Criminal Code of |
| 24 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). |
| 25 | | (7) When a defendant is convicted of an offense |
| 26 | | involving the illegal manufacture of a controlled |
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| 1 | | substance under Section 401 of the Illinois Controlled |
| 2 | | Substances Act (720 ILCS 570/401), the illegal manufacture |
| 3 | | of methamphetamine under Section 25 of the Methamphetamine |
| 4 | | Control and Community Protection Act (720 ILCS 646/25), or |
| 5 | | the illegal possession of explosives and an emergency |
| 6 | | response officer in the performance of his or her duties is |
| 7 | | killed or injured at the scene of the offense while |
| 8 | | responding to the emergency caused by the commission of the |
| 9 | | offense. In this paragraph, "emergency" means a situation |
| 10 | | in which a person's life, health, or safety is in jeopardy; |
| 11 | | and "emergency response officer" means a peace officer, |
| 12 | | community policing volunteer, fireman, emergency medical |
| 13 | | technician-ambulance, emergency medical |
| 14 | | technician-intermediate, emergency medical |
| 15 | | technician-paramedic, ambulance driver, other medical |
| 16 | | assistance or first aid personnel, or hospital emergency |
| 17 | | room personnel.
|
| 18 | | (8) When the defendant is convicted of attempted mob |
| 19 | | action, solicitation to commit mob action, or conspiracy to |
| 20 | | commit mob action under Section 8-1, 8-2, or 8-4 of the |
| 21 | | Criminal Code of 2012, where the criminal object is a |
| 22 | | violation of Section 25-1 of the Criminal Code of 2012, and |
| 23 | | an electronic communication is used in the commission of |
| 24 | | the offense. For the purposes of this paragraph (8), |
| 25 | | "electronic communication" shall have the meaning provided |
| 26 | | in Section 26.5-0.1 of the Criminal Code of 2012. |
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| 1 | | (d) For the purposes of this Section, "organized gang" has |
| 2 | | the meaning
ascribed to it in Section 10 of the Illinois |
| 3 | | Streetgang Terrorism Omnibus
Prevention Act.
|
| 4 | | (e) The court may impose an extended term sentence under |
| 5 | | Article 4.5 of Chapter V upon an offender who has been |
| 6 | | convicted of a felony violation of Section 11-1.20, 11-1.30, |
| 7 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
| 8 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
| 9 | | when the victim of the offense is under 18 years of age at the |
| 10 | | time of the commission of the offense and, during the |
| 11 | | commission of the offense, the victim was under the influence |
| 12 | | of alcohol, regardless of whether or not the alcohol was |
| 13 | | supplied by the offender; and the offender, at the time of the |
| 14 | | commission of the offense, knew or should have known that the |
| 15 | | victim had consumed alcohol. |
| 16 | | (Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333, |
| 17 | | eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13; |
| 18 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff. |
| 19 | | 1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff. |
| 20 | | 7-16-14.)
|
| 21 | | Section 51. The Stalking No Contact Order Act is amended by |
| 22 | | changing Section 80 as follows:
|
| 23 | | (740 ILCS 21/80)
|
| 24 | | Sec. 80. Stalking no contact orders; remedies. |
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| 1 | | (a) If the court finds that the petitioner has been a |
| 2 | | victim of stalking, a stalking no contact order shall issue; |
| 3 | | provided that the petitioner must also satisfy the requirements |
| 4 | | of Section 95 on emergency orders or Section 100 on plenary |
| 5 | | orders. The petitioner shall not be denied a stalking no |
| 6 | | contact order because the petitioner or the respondent is a |
| 7 | | minor. The court, when determining whether or not to issue a |
| 8 | | stalking no contact order, may not require physical injury on |
| 9 | | the person of the petitioner. Modification and extension of |
| 10 | | prior stalking no contact orders shall be in accordance with |
| 11 | | this Act. |
| 12 | | (b) A stalking no contact order shall order one or more of |
| 13 | | the following: |
| 14 | | (1) prohibit the respondent from threatening to commit |
| 15 | | or committing stalking; |
| 16 | | (2) order the respondent not to have any contact with |
| 17 | | the petitioner or a third person specifically named by the |
| 18 | | court; |
| 19 | | (3) prohibit the respondent from knowingly coming |
| 20 | | within, or knowingly remaining within a specified distance |
| 21 | | of the petitioner or the petitioner's residence, school, |
| 22 | | daycare, or place of employment, or any specified place |
| 23 | | frequented by the petitioner; however, the court may order |
| 24 | | the respondent to stay away from the respondent's own |
| 25 | | residence, school, or place of employment only if the |
| 26 | | respondent has been provided actual notice of the |
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| 1 | | opportunity to appear and be heard on the petition; |
| 2 | | (4) prohibit the respondent from possessing a Firearm |
| 3 | | Owners Identification Card or certificate of handgun |
| 4 | | registration, or possessing or buying firearms; and |
| 5 | | (5) order other injunctive relief the court determines |
| 6 | | to be necessary to protect the petitioner or third party |
| 7 | | specifically named by the court. |
| 8 | | (b-5) When the petitioner and the respondent attend the |
| 9 | | same public, private, or non-public elementary, middle, or high |
| 10 | | school, the court when issuing a stalking no contact order and |
| 11 | | providing relief shall consider the severity of the act, any |
| 12 | | continuing physical danger or emotional distress to the |
| 13 | | petitioner, the educational rights guaranteed to the |
| 14 | | petitioner and respondent under federal and State law, the |
| 15 | | availability of a transfer of the respondent to another school, |
| 16 | | a change of placement or a change of program of the respondent, |
| 17 | | the expense, difficulty, and educational disruption that would |
| 18 | | be caused by a transfer of the respondent to another school, |
| 19 | | and any 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 by the |
| 22 | | petitioner, order that the respondent accept a change of |
| 23 | | placement or program, as determined by the school district or |
| 24 | | private or non-public school, or place restrictions on the |
| 25 | | respondent's movements within the school attended by the |
| 26 | | petitioner.
The respondent bears the burden of proving by a |
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| 1 | | preponderance of the evidence that a transfer, change of |
| 2 | | placement, or change of program of the respondent is not |
| 3 | | available. The respondent also bears the burden of production |
| 4 | | with respect to the expense, difficulty, and educational |
| 5 | | disruption that would be caused by a transfer of the respondent |
| 6 | | to another school. A transfer, change of placement, or change |
| 7 | | of program is not unavailable to the respondent solely on the |
| 8 | | ground that the respondent does not agree with the school |
| 9 | | district's or private or non-public school's transfer, change |
| 10 | | of placement, or change of program or solely on the ground that |
| 11 | | the respondent fails or refuses to consent to or otherwise does |
| 12 | | not take an action required to effectuate a transfer, change of |
| 13 | | placement, or change of program.
When a court orders a |
| 14 | | respondent to stay away from the public, private, or non-public |
| 15 | | school attended by the petitioner and the respondent requests a |
| 16 | | transfer to another attendance center within the respondent's |
| 17 | | school district or private or non-public school, the school |
| 18 | | district or private or non-public school shall have sole |
| 19 | | discretion to determine the attendance center to which the |
| 20 | | respondent is transferred.
In the event the court order results |
| 21 | | in a transfer of the minor respondent to another attendance |
| 22 | | center, a change in the respondent's placement, or a change of |
| 23 | | the respondent's program, the parents, guardian, or legal |
| 24 | | custodian of the respondent is responsible for transportation |
| 25 | | and other costs associated with the transfer or change. |
| 26 | | (b-6) The court may order the parents, guardian, or legal |
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| 1 | | custodian of a minor respondent to take certain actions or to |
| 2 | | refrain from taking certain actions to ensure that the |
| 3 | | respondent complies with the order. In the event the court |
| 4 | | orders a transfer of the respondent to another school, the |
| 5 | | parents, guardian, or legal custodian of the respondent are |
| 6 | | responsible for transportation and other costs associated with |
| 7 | | the change of school by the respondent. |
| 8 | | (b-7) The court shall not hold a school district or private |
| 9 | | or non-public school or any of its employees in civil or |
| 10 | | criminal contempt unless the school district or private or |
| 11 | | non-public school has been allowed to intervene. |
| 12 | | (b-8) The court may hold the parents, guardian, or legal |
| 13 | | custodian of a minor respondent in civil or criminal contempt |
| 14 | | for a violation of any provision of any order entered under |
| 15 | | this Act for conduct of the minor respondent in violation of |
| 16 | | this Act if the
parents, guardian, or legal custodian directed, |
| 17 | | encouraged, or assisted the respondent minor in such conduct. |
| 18 | | (c) The court may award the petitioner costs and attorneys |
| 19 | | fees if a stalking no contact order is granted. |
| 20 | | (d) Monetary damages are not recoverable as a remedy. |
| 21 | | (e) If the stalking no contact order prohibits the |
| 22 | | respondent from possessing a Firearm Owner's Identification |
| 23 | | Card, or possessing or buying firearms; the court shall |
| 24 | | confiscate the respondent's Firearm Owner's Identification |
| 25 | | Card and immediately return the card to the Department of State |
| 26 | | Police Firearm Owner's Identification Card Office.
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| 1 | | (Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; |
| 2 | | 97-1131, eff. 1-1-13.)
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| 3 | | Section 55. The Mental Health and Developmental |
| 4 | | Disabilities Confidentiality Act is amended by changing |
| 5 | | Section 12 as follows:
|
| 6 | | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
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| 7 | | Sec. 12. (a) If the United States Secret Service or the |
| 8 | | Department of
State Police requests information from a mental |
| 9 | | health or developmental
disability facility, as defined in |
| 10 | | Section 1-107 and 1-114 of the Mental
Health and Developmental |
| 11 | | Disabilities Code, relating to a specific
recipient and the |
| 12 | | facility director determines that disclosure of such
|
| 13 | | information may be necessary to protect the life of, or to |
| 14 | | prevent
the infliction of great bodily harm to, a public |
| 15 | | official,
or a person under the protection of the United
States |
| 16 | | Secret Service, only the following information
may be |
| 17 | | disclosed: the recipient's name, address, and age and the date |
| 18 | | of
any admission to or discharge from a facility; and any |
| 19 | | information which
would indicate whether or not the recipient |
| 20 | | has a history of violence or
presents a danger of violence to |
| 21 | | the person under protection. Any information
so disclosed shall |
| 22 | | be used for investigative purposes only and shall not
be |
| 23 | | publicly disseminated.
Any person participating in good faith |
| 24 | | in the disclosure of such
information in accordance with this |
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| 1 | | provision shall have immunity from any
liability, civil, |
| 2 | | criminal or otherwise, if such information is disclosed
relying |
| 3 | | upon the representation of an officer of the United States |
| 4 | | Secret
Service or the Department of State Police that a person |
| 5 | | is under the
protection of the United States Secret Service or |
| 6 | | is a public official.
|
| 7 | | For the purpose of this subsection (a), the term "public |
| 8 | | official" means
the Governor, Lieutenant Governor, Attorney |
| 9 | | General, Secretary of State,
State Comptroller, State |
| 10 | | Treasurer, member of the General Assembly, member of the United |
| 11 | | States Congress, Judge of the United States as defined in 28 |
| 12 | | U.S.C. 451, Justice of the United States as defined in 28 |
| 13 | | U.S.C. 451, United States Magistrate Judge as defined in 28 |
| 14 | | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or |
| 15 | | Supreme, Appellate, Circuit, or Associate Judge of the State of |
| 16 | | Illinois. The
term shall also include the spouse, child or |
| 17 | | children of a public official.
|
| 18 | | (b) The Department of Human Services (acting as successor |
| 19 | | to the
Department of Mental Health and Developmental |
| 20 | | Disabilities) and all
public or private hospitals and mental |
| 21 | | health facilities are required, as hereafter described in this |
| 22 | | subsection,
to furnish the Department of State Police only such |
| 23 | | information as may
be required for the sole purpose of |
| 24 | | determining whether an individual who
may be or may have been a |
| 25 | | patient is disqualified because of that status
from receiving |
| 26 | | or retaining a Firearm Owner's Identification Card or falls |
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| 1 | | within the federal prohibitors under subsection (e), (f), (g), |
| 2 | | (r), (s), or (t) of Section 8 of the Firearm Owners |
| 3 | | Identification Card and Certificate of Handgun Registration |
| 4 | | Act, or falls within the federal prohibitors in 18 U.S.C. |
| 5 | | 922(g) and (n). All physicians, clinical psychologists, or |
| 6 | | qualified examiners at public or private mental health |
| 7 | | facilities or parts thereof as defined in this subsection |
| 8 | | shall, in the form and manner required
by the Department, |
| 9 | | provide notice directly to the Department of Human Services, or |
| 10 | | to his or her employer who shall then report to the Department, |
| 11 | | within 24 hours after determining that a patient as described |
| 12 | | in clause (2) of the definition of "patient" in Section 1.1 of |
| 13 | | the Firearm Owners Identification Card and Certificate of |
| 14 | | Handgun Registration Act poses a clear and present danger to |
| 15 | | himself, herself, or others, or is determined to be |
| 16 | | developmentally disabled. This information shall be furnished |
| 17 | | within 24 hours after the physician, clinical psychologist, or |
| 18 | | qualified examiner has made a determination, or within 7 days |
| 19 | | after
admission to a public or private hospital or mental |
| 20 | | health facility or the provision of services to a patient |
| 21 | | described in clause (1) of the definition of "patient" in |
| 22 | | Section 1.1 of the Firearm Owners Identification Card and |
| 23 | | Certificate of Handgun Registration Act. Any such information |
| 24 | | disclosed under
this subsection shall
remain privileged and |
| 25 | | confidential, and shall not be redisclosed, except as required |
| 26 | | by subsection (e) of Section 3.1 of the Firearm Owners |
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| 1 | | Identification Card and Certificate of Handgun Registration |
| 2 | | Act, nor utilized
for any other purpose. The method of |
| 3 | | requiring the providing of such
information shall guarantee |
| 4 | | that no information is released beyond what
is necessary for |
| 5 | | this purpose. In addition, the information disclosed
shall be |
| 6 | | provided
by the Department within the time period established |
| 7 | | by Section 24-3 of the
Criminal Code of 2012 regarding the |
| 8 | | delivery of firearms. The method used
shall be sufficient to |
| 9 | | provide the necessary information within the
prescribed time |
| 10 | | period, which may include periodically providing
lists to the |
| 11 | | Department of Human Services
or any public or private hospital |
| 12 | | or mental health facility of Firearm Owner's Identification |
| 13 | | Card applicants
on which the Department or hospital shall |
| 14 | | indicate the identities of those
individuals who are to its |
| 15 | | knowledge disqualified from having a Firearm
Owner's |
| 16 | | Identification Card for reasons described herein. The |
| 17 | | Department
may provide for a centralized source
of information |
| 18 | | for the State on this subject under its jurisdiction. The |
| 19 | | identity of the person reporting under this subsection shall |
| 20 | | not be disclosed to the subject of the report. For the purposes |
| 21 | | of this subsection, the physician, clinical psychologist, or |
| 22 | | qualified examiner making the determination and his or her |
| 23 | | employer shall not be held criminally, civilly, or |
| 24 | | professionally liable for making or not making the notification |
| 25 | | required under this subsection, except for willful or wanton |
| 26 | | misconduct.
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| 1 | | Any person, institution, or agency, under this Act, |
| 2 | | participating in
good faith in the reporting or disclosure of |
| 3 | | records and communications
otherwise in accordance with this |
| 4 | | provision or with rules, regulations or
guidelines issued by |
| 5 | | the Department shall have immunity from any
liability, civil, |
| 6 | | criminal or otherwise, that might result by reason of the
|
| 7 | | action. For the purpose of any proceeding, civil or criminal,
|
| 8 | | arising out of a report or disclosure in accordance with this |
| 9 | | provision,
the good faith of any person,
institution, or agency |
| 10 | | so reporting or disclosing shall be presumed. The
full extent |
| 11 | | of the immunity provided in this subsection (b) shall apply to
|
| 12 | | any person, institution or agency that fails to make a report |
| 13 | | or disclosure
in the good faith belief that the report or |
| 14 | | disclosure would violate
federal regulations governing the |
| 15 | | confidentiality of alcohol and drug abuse
patient records |
| 16 | | implementing 42 U.S.C. 290dd-3 and 290ee-3.
|
| 17 | | For purposes of this subsection (b) only, the following |
| 18 | | terms shall have
the meaning prescribed:
|
| 19 | | (1) (Blank).
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| 20 | | (1.3) "Clear and present danger" has the meaning as |
| 21 | | defined in Section 1.1 of the Firearm Owners Identification |
| 22 | | Card and Certificate of Handgun Registration Act. |
| 23 | | (1.5) "Developmentally disabled" has the meaning as |
| 24 | | defined in Section 1.1 of the Firearm Owners Identification |
| 25 | | Card and Certificate of Handgun Registration Act.
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| 26 | | (2) "Patient" has the meaning as defined in Section 1.1 |
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| 1 | | of the Firearm Owners Identification Card and Certificate |
| 2 | | of Handgun Registration Act.
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| 3 | | (3) "Mental health facility" has the meaning as defined |
| 4 | | in Section 1.1 of the Firearm Owners Identification Card |
| 5 | | and Certificate of Handgun Registration Act.
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| 6 | | (c) Upon the request of a peace officer who takes a person |
| 7 | | into custody
and transports such person to a mental health or |
| 8 | | developmental disability
facility pursuant to Section 3-606 or |
| 9 | | 4-404 of the Mental Health and
Developmental Disabilities Code |
| 10 | | or who transports a person from such facility,
a facility |
| 11 | | director shall furnish said peace officer the name, address, |
| 12 | | age
and name of the nearest relative of the person transported |
| 13 | | to or from the
mental health or developmental disability |
| 14 | | facility. In no case shall the
facility director disclose to |
| 15 | | the peace officer any information relating to the
diagnosis, |
| 16 | | treatment or evaluation of the person's mental or physical |
| 17 | | health.
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| 18 | | For the purposes of this subsection (c), the terms "mental |
| 19 | | health or
developmental disability facility", "peace officer" |
| 20 | | and "facility director"
shall have the meanings ascribed to |
| 21 | | them in the Mental Health and
Developmental Disabilities Code.
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| 22 | | (d) Upon the request of a peace officer or prosecuting |
| 23 | | authority who is
conducting a bona fide investigation of a |
| 24 | | criminal offense, or attempting to
apprehend a fugitive from |
| 25 | | justice,
a facility director may disclose whether a person is |
| 26 | | present at the facility.
Upon request of a peace officer or |
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| 1 | | prosecuting authority who has a valid
forcible felony warrant |
| 2 | | issued, a facility director shall disclose: (1) whether
the |
| 3 | | person who is the subject of the warrant is present at the |
| 4 | | facility and (2)
the
date of that person's discharge or future |
| 5 | | discharge from the facility.
The requesting peace officer or |
| 6 | | prosecuting authority must furnish a case
number and the |
| 7 | | purpose of the investigation or an outstanding arrest warrant |
| 8 | | at
the time of the request. Any person, institution, or agency
|
| 9 | | participating in good faith in disclosing such information in |
| 10 | | accordance with
this subsection (d) is immune from any |
| 11 | | liability, civil, criminal or
otherwise, that might result by |
| 12 | | reason of the action.
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| 13 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
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| 14 | | Section 60. The Uniform Disposition of Unclaimed Property |
| 15 | | Act is amended by changing Section 1 as follows:
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| 16 | | (765 ILCS 1025/1) (from Ch. 141, par. 101)
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| 17 | | Sec. 1. As used in this Act, unless the context otherwise |
| 18 | | requires:
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| 19 | | (a) "Banking organization" means any bank, trust company, |
| 20 | | savings bank,
industrial bank, land bank, safe deposit company, |
| 21 | | or a private banker.
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| 22 | | (b) "Business association" means any corporation, joint |
| 23 | | stock company,
business trust, partnership, or any
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| 24 | | association, limited liability company, or other business |
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| 1 | | entity consisting
of one or more persons, whether or not for |
| 2 | | profit.
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| 3 | | (c) "Financial organization" means any savings and loan |
| 4 | | association,
building and loan association, credit union, |
| 5 | | currency exchange,
co-operative bank, mutual funds, or |
| 6 | | investment company.
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| 7 | | (d) "Holder" means any person in possession of property |
| 8 | | subject to this
Act belonging to another, or who is trustee in |
| 9 | | case of a trust, or is
indebted to another on an obligation |
| 10 | | subject to this Act.
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| 11 | | (e) "Life insurance corporation" means any association or |
| 12 | | corporation
transacting the business of insurance on the lives |
| 13 | | of
persons or insurance appertaining thereto, including, but |
| 14 | | not by way of
limitation, endowments and annuities.
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| 15 | | (f) "Owner" means a depositor in case of a deposit, a |
| 16 | | beneficiary in
case of a trust, a creditor, claimant, or payee |
| 17 | | in case of other property, or any person having a legal or |
| 18 | | equitable interest in property
subject to this Act, or his |
| 19 | | legal representative.
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| 20 | | (g) "Person" means any individual, business association, |
| 21 | | financial
organization, government or
political subdivision or |
| 22 | | agency, public authority,
estate, trust, or any other legal or
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| 23 | | commercial entity.
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| 24 | | (h) "Utility" means any person who owns or operates,
for |
| 25 | | public use, any plant, equipment, property, franchise, or |
| 26 | | license for
the transmission of communications or the |
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| 1 | | production, storage,
transmission, sale, delivery, or |
| 2 | | furnishing of electricity, water,
steam, oil or gas.
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| 3 | | (i) (Blank).
|
| 4 | | (j) "Insurance company" means any person transacting the |
| 5 | | kinds of
business enumerated in Section 4 of the Illinois |
| 6 | | Insurance Code other than
life insurance.
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| 7 | | (k) "Economic loss", as used in Sections 2a and 9 of this |
| 8 | | Act includes,
but is not limited to,
delivery charges, |
| 9 | | mark-downs and write-offs, carrying
costs, restocking charges, |
| 10 | | lay-aways, special orders, issuance of credit memos,
and the |
| 11 | | costs of special services or goods
provided that reduce the |
| 12 | | property value or that result in lost sales
opportunity.
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| 13 | | (l) "Reportable property" means property, tangible or |
| 14 | | intangible, presumed
abandoned under this Act that must be |
| 15 | | appropriately and timely reported and
remitted to the Office of |
| 16 | | the State Treasurer under this
Act. Interest, dividends, stock |
| 17 | | splits,
warrants, or other rights that become reportable |
| 18 | | property under this Act
include the underlying security or |
| 19 | | commodity giving rise to the interest,
dividend, split, |
| 20 | | warrant, or other right to which the owner would be entitled.
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| 21 | | (m) "Firearm" has the meaning ascribed to that term in the |
| 22 | | Firearm Owners
Identification Card and Certificate of Handgun |
| 23 | | Registration Act.
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| 24 | | (Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748, |
| 25 | | eff. 6-2-00.)
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| | 1 | |
INDEX
| | 2 | |
Statutes amended in order of appearance
| | | 3 | | 5 ILCS 140/7.5 | | | | 4 | | 20 ILCS 2605/2605-45 | was 20 ILCS 2605/55a-5 | | | 5 | | 20 ILCS 2605/2605-120 | was 20 ILCS 2605/55a in part | | | 6 | | 20 ILCS 2605/2605-300 | was 20 ILCS 2605/55a in part | | | 7 | | 20 ILCS 2605/2605-595 | | | | 8 | | 30 ILCS 105/5.866 new | | | | 9 | | 30 ILCS 105/5.867 new | | | | 10 | | 30 ILCS 105/5.868 new | | | | 11 | | 30 ILCS 105/6z-99 | | | | 12 | | 30 ILCS 105/6z-101 new | | | | 13 | | 30 ILCS 105/6z-102 new | | | | 14 | | 105 ILCS 5/10-22.6 | from Ch. 122, par. 10-22.6 | | | 15 | | 105 ILCS 5/10-27.1A | | | | 16 | | 105 ILCS 5/34-8.05 | | | | 17 | | 225 ILCS 210/2005 | from Ch. 96 1/2, par. 1-2005 | | | 18 | | 225 ILCS 447/35-35 | | | | 19 | | 405 ILCS 5/6-103.1 | | | | 20 | | 405 ILCS 5/6-103.2 | | | | 21 | | 405 ILCS 5/6-103.3 | | | | 22 | | 410 ILCS 45/2 | from Ch. 111 1/2, par. 1302 | | | 23 | | 430 ILCS 65/0.01 | from Ch. 38, par. 83-0.1 | | | 24 | | 430 ILCS 65/1 | from Ch. 38, par. 83-1 | | | 25 | | 430 ILCS 65/1.1 | from Ch. 38, par. 83-1.1 | |
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| | 1 | | 430 ILCS 65/3 | from Ch. 38, par. 83-3 | | | 2 | | 430 ILCS 65/3.1 | from Ch. 38, par. 83-3.1 | | | 3 | | 430 ILCS 65/3.4 new | | | | 4 | | 430 ILCS 65/4 | from Ch. 38, par. 83-4 | | | 5 | | 430 ILCS 65/6.1 | | | | 6 | | 430 ILCS 65/14 | from Ch. 38, par. 83-14 | | | 7 | | 430 ILCS 66/25 | | | | 8 | | 430 ILCS 66/40 | | | | 9 | | 430 ILCS 66/70 | | | | 10 | | 430 ILCS 66/80 | | | | 11 | | 430 ILCS 66/105 | | | | 12 | | 520 ILCS 5/3.2 | from Ch. 61, par. 3.2 | | | 13 | | 705 ILCS 105/27.3a | | | | 14 | | 720 ILCS 5/2-7.1 | | | | 15 | | 720 ILCS 5/2-7.5 | | | | 16 | | 720 ILCS 5/12-3.05 | was 720 ILCS 5/12-4 | | | 17 | | 720 ILCS 5/17-30 | was 720 ILCS 5/16C-2 | | | 18 | | 720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 | | | 19 | | 720 ILCS 5/24-1.6 | | | | 20 | | 720 ILCS 5/24-2 | | | | 21 | | 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 | | | 22 | | 720 ILCS 5/24-3.2 | from Ch. 38, par. 24-3.2 | | | 23 | | 720 ILCS 5/24-3.4 | from Ch. 38, par. 24-3.4 | | | 24 | | 720 ILCS 5/24-3.5 | | | | 25 | | 720 ILCS 5/24-9 | | | | 26 | | 720 ILCS 646/10 | | |
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