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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3245 Introduced , by Rep. Kathleen Willis SYNOPSIS AS INTRODUCED:
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Amends the Firearm Owners Identification Card Act. Modifies definition of "clear and present danger". Provides that an applicant for the issuance or renewal of a Firearm Owner's Identification Card shall include a full set of his or her fingerprints in electronic format to the Illinois State Police, unless the applicant has previously provided a full set of his or her fingerprints to the Illinois State Police under the Act or the Firearm Concealed Carry Act. Provides that a Firearm Owner's Identification Card issued under the Act shall be valid for the person to whom it is issued for a period of 5 years (rather than 10 years) from the date of issuance, but provides that any person whose card was previously issued for a period of 10 years shall retain the 10-year issuance period until the next date of renewal, at which point the card shall be renewed for 5 years. Provides that any transfer of a surrendered firearm must be conducted under the firearm transfer provisions of the Firearm Owners Identification Card Act. Provides that the Firearm Disposition Record shall contain a statement to be signed by the transferee that the transferee: (1) is aware of, and will abide by, current law regarding the unlawful transfer of a firearm; (2) is aware of the penalties for violating the law as it pertains to unlawful transfer of a firearm; and (3) intends to retain possession of the firearm or firearms until it is determined that the transferor is legally eligible to possess a firearm and has an active Firearm Owners Identification Card, if applicable, or until a new person is chosen to hold the firearm or firearms. Amends various other Acts to make conforming changes. Effective immediately.
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| | A BILL FOR |
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| | HB3245 | | LRB102 13386 RLC 18730 b |
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| 1 | | AN ACT concerning firearms.
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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 1. This Act may be referred to as the Fix the FOID |
| 5 | | Act.
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| 6 | | Section 5. The Freedom of Information Act is amended by |
| 7 | | changing Section 7.5 as follows:
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| 8 | | (5 ILCS 140/7.5) |
| 9 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
| 10 | | by the statutes referenced below, the following shall be |
| 11 | | exempt from inspection and copying: |
| 12 | | (a) All information determined to be confidential |
| 13 | | under Section 4002 of the Technology Advancement and |
| 14 | | Development Act. |
| 15 | | (b) Library circulation and order records identifying |
| 16 | | library users with specific materials under the Library |
| 17 | | Records Confidentiality Act. |
| 18 | | (c) Applications, related documents, and medical |
| 19 | | records received by the Experimental Organ Transplantation |
| 20 | | Procedures Board and any and all documents or other |
| 21 | | records prepared by the Experimental Organ Transplantation |
| 22 | | Procedures Board or its staff relating to applications it |
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| 1 | | has received. |
| 2 | | (d) Information and records held by the Department of |
| 3 | | Public Health and its authorized representatives relating |
| 4 | | to known or suspected cases of sexually transmissible |
| 5 | | disease or any information the disclosure of which is |
| 6 | | restricted under the Illinois Sexually Transmissible |
| 7 | | Disease Control Act. |
| 8 | | (e) Information the disclosure of which is exempted |
| 9 | | under Section 30 of the Radon Industry Licensing Act. |
| 10 | | (f) Firm performance evaluations under Section 55 of |
| 11 | | the Architectural, Engineering, and Land Surveying |
| 12 | | Qualifications Based Selection Act. |
| 13 | | (g) Information the disclosure of which is restricted |
| 14 | | and exempted under Section 50 of the Illinois Prepaid |
| 15 | | Tuition Act. |
| 16 | | (h) Information the disclosure of which is exempted |
| 17 | | under the State Officials and Employees Ethics Act, and |
| 18 | | records of any lawfully created State or local inspector |
| 19 | | general's office that would be exempt if created or |
| 20 | | obtained by an Executive Inspector General's office under |
| 21 | | that Act. |
| 22 | | (i) Information contained in a local emergency energy |
| 23 | | plan submitted to a municipality in accordance with a |
| 24 | | local emergency energy plan ordinance that is adopted |
| 25 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
| 26 | | (j) Information and data concerning the distribution |
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| 1 | | of surcharge moneys collected and remitted by carriers |
| 2 | | under the Emergency Telephone System Act. |
| 3 | | (k) Law enforcement officer identification information |
| 4 | | or driver identification information compiled by a law |
| 5 | | enforcement agency or the Department of Transportation |
| 6 | | under Section 11-212 of the Illinois Vehicle Code. |
| 7 | | (l) Records and information provided to a residential |
| 8 | | health care facility resident sexual assault and death |
| 9 | | review team or the Executive Council under the Abuse |
| 10 | | Prevention Review Team Act. |
| 11 | | (m) Information provided to the predatory lending |
| 12 | | database created pursuant to Article 3 of the Residential |
| 13 | | Real Property Disclosure Act, except to the extent |
| 14 | | authorized under that Article. |
| 15 | | (n) Defense budgets and petitions for certification of |
| 16 | | compensation and expenses for court appointed trial |
| 17 | | counsel as provided under Sections 10 and 15 of the |
| 18 | | Capital Crimes Litigation Act. This subsection (n) shall |
| 19 | | apply until the conclusion of the trial of the case, even |
| 20 | | if the prosecution chooses not to pursue the death penalty |
| 21 | | prior to trial or sentencing. |
| 22 | | (o) Information that is prohibited from being |
| 23 | | disclosed under Section 4 of the Illinois Health and |
| 24 | | Hazardous Substances Registry Act. |
| 25 | | (p) Security portions of system safety program plans, |
| 26 | | investigation reports, surveys, schedules, lists, data, or |
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| 1 | | information compiled, collected, or prepared by or for the |
| 2 | | Regional Transportation Authority under Section 2.11 of |
| 3 | | the Regional Transportation Authority Act or the St. Clair |
| 4 | | County Transit District under the Bi-State Transit Safety |
| 5 | | Act. |
| 6 | | (q) Information prohibited from being disclosed by the |
| 7 | | Personnel Record Review Act. |
| 8 | | (r) Information prohibited from being disclosed by the |
| 9 | | Illinois School Student Records Act. |
| 10 | | (s) Information the disclosure of which is restricted |
| 11 | | under Section 5-108 of the Public Utilities Act.
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| 12 | | (t) All identified or deidentified health information |
| 13 | | in the form of health data or medical records contained |
| 14 | | in, stored in, submitted to, transferred by, or released |
| 15 | | from the Illinois Health Information Exchange, and |
| 16 | | identified or deidentified health information in the form |
| 17 | | of health data and medical records of the Illinois Health |
| 18 | | Information Exchange in the possession of the Illinois |
| 19 | | Health Information Exchange Office due to its |
| 20 | | administration of the Illinois Health Information |
| 21 | | Exchange. The terms "identified" and "deidentified" shall |
| 22 | | be given the same meaning as in the Health Insurance |
| 23 | | Portability and Accountability Act of 1996, Public Law |
| 24 | | 104-191, or any subsequent amendments thereto, and any |
| 25 | | regulations promulgated thereunder. |
| 26 | | (u) Records and information provided to an independent |
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| 1 | | team of experts under the Developmental Disability and |
| 2 | | Mental Health Safety Act (also known as Brian's Law). |
| 3 | | (v) Names and information of people who have applied |
| 4 | | for or received Firearm Owner's Identification Cards under |
| 5 | | the Firearm Owners Identification Card Act or applied for |
| 6 | | or received a concealed carry license under the Firearm |
| 7 | | Concealed Carry Act, unless otherwise authorized by the |
| 8 | | Firearm Concealed Carry Act; and databases under the |
| 9 | | Firearm Concealed Carry Act, records of the Concealed |
| 10 | | Carry Licensing Review Board under the Firearm Concealed |
| 11 | | Carry Act, and law enforcement agency objections under the |
| 12 | | Firearm Concealed Carry Act. |
| 13 | | (w) Personally identifiable information which is |
| 14 | | exempted from disclosure under subsection (g) of Section |
| 15 | | 19.1 of the Toll Highway Act. |
| 16 | | (x) Information which is exempted from disclosure |
| 17 | | under Section 5-1014.3 of the Counties Code or Section |
| 18 | | 8-11-21 of the Illinois Municipal Code. |
| 19 | | (y) Confidential information under the Adult |
| 20 | | Protective Services Act and its predecessor enabling |
| 21 | | statute, the Elder Abuse and Neglect Act, including |
| 22 | | information about the identity and administrative finding |
| 23 | | against any caregiver of a verified and substantiated |
| 24 | | decision of abuse, neglect, or financial exploitation of |
| 25 | | an eligible adult maintained in the Registry established |
| 26 | | under Section 7.5 of the Adult Protective Services Act. |
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| 1 | | (z) Records and information provided to a fatality |
| 2 | | review team or the Illinois Fatality Review Team Advisory |
| 3 | | Council under Section 15 of the Adult Protective Services |
| 4 | | Act. |
| 5 | | (aa) Information which is exempted from disclosure |
| 6 | | under Section 2.37 of the Wildlife Code. |
| 7 | | (bb) Information which is or was prohibited from |
| 8 | | disclosure by the Juvenile Court Act of 1987. |
| 9 | | (cc) Recordings made under the Law Enforcement |
| 10 | | Officer-Worn Body Camera Act, except to the extent |
| 11 | | authorized under that Act. |
| 12 | | (dd) Information that is prohibited from being |
| 13 | | disclosed under Section 45 of the Condominium and Common |
| 14 | | Interest Community Ombudsperson Act. |
| 15 | | (ee) Information that is exempted from disclosure |
| 16 | | under Section 30.1 of the Pharmacy Practice Act. |
| 17 | | (ff) Information that is exempted from disclosure |
| 18 | | under the Revised Uniform Unclaimed Property Act. |
| 19 | | (gg) Information that is prohibited from being |
| 20 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
| 21 | | Code. |
| 22 | | (hh) Records that are exempt from disclosure under |
| 23 | | Section 1A-16.7 of the Election Code. |
| 24 | | (ii) Information which is exempted from disclosure |
| 25 | | under Section 2505-800 of the Department of Revenue Law of |
| 26 | | the Civil Administrative Code of Illinois. |
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| 1 | | (jj) Information and reports that are required to be |
| 2 | | submitted to the Department of Labor by registering day |
| 3 | | and temporary labor service agencies but are exempt from |
| 4 | | disclosure under subsection (a-1) of Section 45 of the Day |
| 5 | | and Temporary Labor Services Act. |
| 6 | | (kk) Information prohibited from disclosure under the |
| 7 | | Seizure and Forfeiture Reporting Act. |
| 8 | | (ll) Information the disclosure of which is restricted |
| 9 | | and exempted under Section 5-30.8 of the Illinois Public |
| 10 | | Aid Code. |
| 11 | | (mm) Records that are exempt from disclosure under |
| 12 | | Section 4.2 of the Crime Victims Compensation Act. |
| 13 | | (nn) Information that is exempt from disclosure under |
| 14 | | Section 70 of the Higher Education Student Assistance Act. |
| 15 | | (oo) Communications, notes, records, and reports |
| 16 | | arising out of a peer support counseling session |
| 17 | | prohibited from disclosure under the First Responders |
| 18 | | Suicide Prevention Act. |
| 19 | | (pp) Names and all identifying information relating to |
| 20 | | an employee of an emergency services provider or law |
| 21 | | enforcement agency under the First Responders Suicide |
| 22 | | Prevention Act. |
| 23 | | (qq) Information and records held by the Department of |
| 24 | | Public Health and its authorized representatives collected |
| 25 | | under the Reproductive Health Act. |
| 26 | | (rr) Information that is exempt from disclosure under |
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| 1 | | the Cannabis Regulation and Tax Act. |
| 2 | | (ss) Data reported by an employer to the Department of |
| 3 | | Human Rights pursuant to Section 2-108 of the Illinois |
| 4 | | Human Rights Act. |
| 5 | | (tt) Recordings made under the Children's Advocacy |
| 6 | | Center Act, except to the extent authorized under that |
| 7 | | Act. |
| 8 | | (uu) Information that is exempt from disclosure under |
| 9 | | Section 50 of the Sexual Assault Evidence Submission Act. |
| 10 | | (vv) Information that is exempt from disclosure under |
| 11 | | subsections (f) and (j) of Section 5-36 of the Illinois |
| 12 | | Public Aid Code. |
| 13 | | (ww) Information that is exempt from disclosure under |
| 14 | | Section 16.8 of the State Treasurer Act. |
| 15 | | (xx) Information that is exempt from disclosure or |
| 16 | | information that shall not be made public under the |
| 17 | | Illinois Insurance Code. |
| 18 | | (yy) Information prohibited from being disclosed under |
| 19 | | the Illinois Educational Labor Relations Act. |
| 20 | | (zz) Information prohibited from being disclosed under |
| 21 | | the Illinois Public Labor Relations Act. |
| 22 | | (aaa) Information prohibited from being disclosed |
| 23 | | under Section 1-167 of the Illinois Pension Code. |
| 24 | | (bbb) Records exempt from disclosure under Section |
| 25 | | 2605-304 of the Department of State Police Law of the |
| 26 | | Civil Administrative Code of Illinois. |
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| 1 | | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; |
| 2 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
| 3 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, |
| 4 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; |
| 5 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. |
| 6 | | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, |
| 7 | | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; |
| 8 | | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. |
| 9 | | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, |
| 10 | | eff. 7-7-20.)
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| 11 | | Section 10. The Department of State Police Law of the
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| 12 | | Civil Administrative Code of Illinois is amended by changing |
| 13 | | Section 2605-605 and by adding Section 2605-304 as follows:
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| 14 | | (20 ILCS 2605/2605-304 new) |
| 15 | | Sec. 2605-304. Prohibited persons portal. |
| 16 | | (a) Within 90 days after the effective date of this |
| 17 | | amendatory Act of the 102nd General Assembly, the Illinois |
| 18 | | State Police shall establish a portal for use by federal, |
| 19 | | State, or local law enforcement agencies, including Offices of |
| 20 | | the State's Attorneys and the Office of the Attorney General |
| 21 | | to capture a report of persons whose Firearm Owner's |
| 22 | | Identification Cards have been revoked or suspended. The |
| 23 | | portal is for law enforcement purposes only. |
| 24 | | (b) The Illinois State Police shall include in the report |
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| 1 | | the reason the person's Firearm Owner's Identification Card |
| 2 | | was subject to revocation or suspension, to the extent allowed |
| 3 | | by law, consistent with Section 8 of the Firearm Owners |
| 4 | | Identification Card Act. |
| 5 | | (c) The Illinois State Police shall indicate whether the |
| 6 | | person subject to the revocation or suspension of his or her |
| 7 | | Firearm Owner's Identification Card has surrendered his or her |
| 8 | | revoked or suspended Firearm Owner's Identification Card and |
| 9 | | whether the person has completed a Firearm Disposition Record |
| 10 | | required under Section 9.5 of the Firearm Owners |
| 11 | | Identification Card Act. The Illinois State Police shall make |
| 12 | | reasonable efforts to make this information available on the |
| 13 | | Law Enforcement Agencies Data System (LEADS). |
| 14 | | (d) The Illinois State Police shall provide updates of |
| 15 | | information related to an individual's current Firearm Owner's |
| 16 | | Identification Card revocation or suspension status, including |
| 17 | | compliance under Section 9.5 of the Firearm Owners |
| 18 | | Identification Card Act, in the Illinois State Police's Law |
| 19 | | Enforcement Agencies Data System. |
| 20 | | (e) Records in this portal are exempt from disclosure |
| 21 | | under the Freedom of Information Act. |
| 22 | | (f) The Illinois State Police may adopt rules necessary to |
| 23 | | implement this Section.
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| 24 | | (20 ILCS 2605/2605-605) |
| 25 | | Sec. 2605-605. Violent Crime Intelligence Task Force. The |
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| 1 | | Director of State Police shall may establish a statewide |
| 2 | | multi-jurisdictional Violent Crime Intelligence Task Force led |
| 3 | | by the Department of State Police dedicated to combating gun |
| 4 | | violence, gun-trafficking, and other violent crime with the |
| 5 | | primary mission of preservation of life and reducing the |
| 6 | | occurrence and the fear of crime. The objectives of the Task |
| 7 | | Force shall include, but not be limited to, reducing and |
| 8 | | preventing illegal possession and use of firearms, |
| 9 | | firearm-related homicides, and other violent crimes. |
| 10 | | (1) The Task Force may develop and acquire information, |
| 11 | | training, tools, and resources necessary to implement a |
| 12 | | data-driven approach to policing, with an emphasis on |
| 13 | | intelligence development. |
| 14 | | (2) The Task Force may utilize information sharing, |
| 15 | | partnerships, crime analysis, and evidence-based practices to |
| 16 | | assist in the reduction of firearm-related shootings, |
| 17 | | homicides, and gun-trafficking. |
| 18 | | (3) The Task Force may recognize and utilize best |
| 19 | | practices of community policing and may develop potential |
| 20 | | partnerships with faith-based and community organizations to |
| 21 | | achieve its goals. |
| 22 | | (4) The Task Force may identify and utilize best practices |
| 23 | | in drug-diversion programs and other community-based services |
| 24 | | to redirect low-level offenders. |
| 25 | | (5) The Task Force may assist in violence suppression |
| 26 | | strategies including, but not limited to, details in |
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| 1 | | identified locations that have shown to be the most prone to |
| 2 | | gun violence and violent crime, focused deterrence against |
| 3 | | violent gangs and groups considered responsible for the |
| 4 | | violence in communities, and other intelligence driven methods |
| 5 | | deemed necessary to interrupt cycles of violence or prevent |
| 6 | | retaliation. |
| 7 | | (6) In consultation with the Chief Procurement Officer, |
| 8 | | the Department of State Police may obtain contracts for |
| 9 | | software, commodities, resources, and equipment to assist the |
| 10 | | Task Force with achieving this Act. Any contracts necessary to |
| 11 | | support the delivery of necessary software, commodities, |
| 12 | | resources, and equipment are not subject to the Illinois |
| 13 | | Procurement Code, except for Sections 20-60, 20-65, 20-70, and |
| 14 | | 20-160 and Article 50 of that Code, provided that the Chief |
| 15 | | Procurement Officer may, in writing with justification, waive |
| 16 | | any certification required under Article 50 of the Illinois |
| 17 | | Procurement Code.
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| 18 | | (7) The Task Force shall conduct enforcement operations |
| 19 | | against persons whose Firearm Owner's Identification Cards |
| 20 | | have been revoked or suspended and persons who fail to comply |
| 21 | | with the requirements of Section 9.5 of the Firearm Owners |
| 22 | | Identification Card Act, prioritizing individuals presenting a |
| 23 | | clear and present danger to themselves or to others under |
| 24 | | paragraph (2) of subsection (d) of Section 8.1 of the Firearm |
| 25 | | Owners Identification Card Act. |
| 26 | | (8) The Task Force shall collaborate with local law |
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| 1 | | enforcement agencies to enforce provisions of the Firearm |
| 2 | | Owners Identification Card Act, the Firearm Concealed Carry |
| 3 | | Act, the Firearm Dealer License Certification Act, and Article |
| 4 | | 24 of the Criminal Code of 2012. |
| 5 | | (9) The Director of the Illinois State Police may |
| 6 | | establish intergovernmental contracts written and executed in |
| 7 | | conformity with the Intergovernmental Cooperation Act. |
| 8 | | (Source: P.A. 100-3, eff. 1-1-18.)
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| 9 | | Section 15. The State Finance Act is amended by changing |
| 10 | | Section 6z-99 and by adding Sections 5.935 and 6z-124 as |
| 11 | | follows:
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| 12 | | (30 ILCS 105/5.935 new) |
| 13 | | Sec. 5.935. The State Police Revocation Enforcement Fund.
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| 14 | | "(30 ILCS 105/6z-99) |
| 15 | | Sec. 6z-99. The Mental Health Reporting Fund. |
| 16 | | (a) There is created in the State treasury a special fund |
| 17 | | known as the Mental Health Reporting Fund. The Fund shall |
| 18 | | receive revenue under the Firearm Concealed Carry Act. The |
| 19 | | Fund may also receive revenue from grants, pass-through |
| 20 | | grants, donations, appropriations, and any other legal source. |
| 21 | | (b) The Department of State Police and Department of Human |
| 22 | | Services shall coordinate to use moneys in the Fund to finance |
| 23 | | their respective duties of collecting and reporting data on |
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| 1 | | mental health records and ensuring that mental health firearm |
| 2 | | possession prohibitors are enforced as set forth under the |
| 3 | | Firearm Concealed Carry Act and the Firearm Owners |
| 4 | | Identification Card Act, including reporting prohibitors to |
| 5 | | the National Instant Criminal Background Check System (NICS). |
| 6 | | Any surplus in the Fund beyond what is necessary to ensure |
| 7 | | compliance with mental health reporting under these Acts shall |
| 8 | | be used by the Department of Human Services for mental health |
| 9 | | treatment programs as follows: (1) 50% shall be used to fund |
| 10 | | community-based mental health programs aimed at reducing gun |
| 11 | | violence, community integration and education, or mental |
| 12 | | health awareness and prevention, including administrative |
| 13 | | costs; and (2) 50% shall be used to award grants that use and |
| 14 | | promote the National School Mental Health Curriculum model for |
| 15 | | school-based mental health support, integration, and services. |
| 16 | | (c) Investment income that is attributable to the |
| 17 | | investment of moneys in the Fund shall be retained in the Fund |
| 18 | | for the uses specified in this Section.
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| 19 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
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| 20 | | (30 ILCS 105/6z-124 new) |
| 21 | | Sec. 6z-124. State Police Revocation Enforcement Fund. |
| 22 | | (a) The State Police Revocation Enforcement Fund is |
| 23 | | established as a special fund in the State treasury. This Fund |
| 24 | | is established to receive moneys from the Firearm Owners |
| 25 | | Identification Card Act to enforce that Act, the Firearm |
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| 1 | | Concealed Carry Act, Article 24 of the Criminal Code of 2012, |
| 2 | | and other firearm offenses. The Fund may also receive revenue |
| 3 | | from grants, donations, appropriations, and any other legal |
| 4 | | source. |
| 5 | | (b) The Illinois State Police may use moneys from the Fund |
| 6 | | to establish task forces and, if necessary, include other law |
| 7 | | enforcement agencies, pursuant to intergovernmental contracts |
| 8 | | written and executed in conformity with the Intergovernmental |
| 9 | | Cooperation Act. |
| 10 | | (c) The Illinois State Police may use moneys in the Fund to |
| 11 | | hire and train State Police officers and other law enforcement |
| 12 | | purposes. |
| 13 | | (d) The State Police Revocation Enforcement Fund is not |
| 14 | | subject to administrative chargebacks.
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| 15 | | Section 20. The Firearm Owners Identification Card Act is |
| 16 | | amended by changing Sections 1.1, 3, 3a, 3.1, 4, 5, 7, 8, 9.5, |
| 17 | | and 14 and by adding Sections 7.5 and 8.4 as follows:
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| 18 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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| 19 | | Sec. 1.1. For purposes of this Act:
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| 20 | | "Addicted to narcotics" means a person who has been: |
| 21 | | (1) convicted of an offense involving the use or |
| 22 | | possession of cannabis, a controlled substance, or |
| 23 | | methamphetamine within the past year; or |
| 24 | | (2) determined by the Department of State Police to be |
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| 1 | | addicted to narcotics based upon federal law or federal |
| 2 | | guidelines. |
| 3 | | "Addicted to narcotics" does not include possession or use |
| 4 | | of a prescribed controlled substance under the direction and |
| 5 | | authority of a physician or other person authorized to |
| 6 | | prescribe the controlled substance when the controlled |
| 7 | | substance is used in the prescribed manner. |
| 8 | | "Adjudicated as a person with a mental disability" means |
| 9 | | the person is the subject of a determination by a court, board, |
| 10 | | commission or other lawful authority that the person, as a |
| 11 | | result of marked subnormal intelligence, or mental illness, |
| 12 | | mental impairment, incompetency, condition, or disease: |
| 13 | | (1) presents a clear and present danger to himself, |
| 14 | | herself, or to others; |
| 15 | | (2) lacks the mental capacity to manage his or her own |
| 16 | | affairs or is adjudicated a person with a disability as |
| 17 | | defined in Section 11a-2 of the Probate Act of 1975; |
| 18 | | (3) is not guilty in a criminal case by reason of |
| 19 | | insanity, mental disease or defect; |
| 20 | | (3.5) is guilty but mentally ill, as provided in |
| 21 | | Section 5-2-6 of the Unified Code of Corrections; |
| 22 | | (4) is incompetent to stand trial in a criminal case; |
| 23 | | (5) is not guilty by reason of lack of mental |
| 24 | | responsibility under Articles 50a and 72b of the Uniform |
| 25 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
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| 26 | | (6) is a sexually violent person under subsection (f) |
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| 1 | | of Section 5 of the Sexually Violent Persons Commitment |
| 2 | | Act; |
| 3 | | (7) is a sexually dangerous person under the Sexually |
| 4 | | Dangerous Persons Act; |
| 5 | | (8) is unfit to stand trial under the Juvenile Court |
| 6 | | Act of 1987; |
| 7 | | (9) is not guilty by reason of insanity under the |
| 8 | | Juvenile Court Act of 1987; |
| 9 | | (10) is subject to involuntary admission as an |
| 10 | | inpatient as defined in Section 1-119 of the Mental Health |
| 11 | | and Developmental Disabilities Code; |
| 12 | | (11) is subject to involuntary admission as an |
| 13 | | outpatient as defined in Section 1-119.1 of the Mental |
| 14 | | Health and Developmental Disabilities Code; |
| 15 | | (12) is subject to judicial admission as set forth in |
| 16 | | Section 4-500 of the Mental Health and Developmental |
| 17 | | Disabilities Code; or |
| 18 | | (13) is subject to the provisions of the Interstate |
| 19 | | Agreements on Sexually Dangerous Persons Act. |
| 20 | | "Clear and present danger" means a person who: |
| 21 | | (1) communicates a serious threat of physical violence |
| 22 | | against a reasonably identifiable victim or poses a clear |
| 23 | | and imminent risk of serious physical injury to himself, |
| 24 | | herself, or another person as determined by a physician, |
| 25 | | clinical psychologist, or qualified examiner; or |
| 26 | | (2) demonstrates threatening physical or verbal |
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| 1 | | behavior, such as violent, suicidal, or assaultive |
| 2 | | threats, actions, or other behavior, as determined by a |
| 3 | | physician, clinical psychologist, qualified examiner, |
| 4 | | school administrator, or law enforcement official, |
| 5 | | including any act that
is intended to cause or create a |
| 6 | | risk and does cause or create a risk of death
or great |
| 7 | | bodily harm to one or more persons. |
| 8 | | "Clinical psychologist" has the meaning provided in |
| 9 | | Section 1-103 of the Mental Health and Developmental |
| 10 | | Disabilities Code. |
| 11 | | "Controlled substance" means a controlled substance or |
| 12 | | controlled substance analog as defined in the Illinois |
| 13 | | Controlled Substances Act. |
| 14 | | "Counterfeit" means to copy or imitate, without legal |
| 15 | | authority, with
intent
to deceive. |
| 16 | | "Federally licensed firearm dealer" means a person who is |
| 17 | | licensed as a federal firearms dealer under Section 923 of the |
| 18 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
|
| 19 | | "Firearm" means any device, by
whatever name known, which |
| 20 | | is designed to expel a projectile or projectiles
by the action |
| 21 | | of an explosion, expansion of gas or escape of gas; excluding,
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| 22 | | however:
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| 23 | | (1) any pneumatic gun, spring gun, paint ball gun, or |
| 24 | | B-B gun which
expels a single globular projectile not |
| 25 | | exceeding .18 inch in
diameter or which has a maximum |
| 26 | | muzzle velocity of less than 700 feet
per second;
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| 1 | | (1.1) any pneumatic gun, spring gun, paint ball gun, |
| 2 | | or B-B gun which expels breakable paint balls containing |
| 3 | | washable marking colors; |
| 4 | | (2) any device used exclusively for signalling or |
| 5 | | safety and required or
recommended by the United States |
| 6 | | Coast Guard or the Interstate Commerce
Commission;
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| 7 | | (3) any device used exclusively for the firing of stud |
| 8 | | cartridges,
explosive rivets or similar industrial |
| 9 | | ammunition; and
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| 10 | | (4) an antique firearm (other than a machine-gun) |
| 11 | | which, although
designed as a weapon, the Department of |
| 12 | | State Police finds by reason of
the date of its |
| 13 | | manufacture, value, design, and other characteristics is
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| 14 | | primarily a collector's item and is not likely to be used |
| 15 | | as a weapon.
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| 16 | | "Firearm ammunition" means any self-contained cartridge or |
| 17 | | shotgun
shell, by whatever name known, which is designed to be |
| 18 | | used or adaptable to
use in a firearm; excluding, however:
|
| 19 | | (1) any ammunition exclusively designed for use with a |
| 20 | | device used
exclusively for signalling or safety and |
| 21 | | required or recommended by the
United States Coast Guard |
| 22 | | or the Interstate Commerce Commission; and
|
| 23 | | (2) any ammunition designed exclusively for use with a |
| 24 | | stud or rivet
driver or other similar industrial |
| 25 | | ammunition. |
| 26 | | "Gun show" means an event or function: |
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| 1 | | (1) at which the sale and transfer of firearms is the |
| 2 | | regular and normal course of business and where 50 or more |
| 3 | | firearms are displayed, offered, or exhibited for sale, |
| 4 | | transfer, or exchange; or |
| 5 | | (2) at which not less than 10 gun show vendors |
| 6 | | display, offer, or exhibit for sale, sell, transfer, or |
| 7 | | exchange firearms.
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| 8 | | "Gun show" includes the entire premises provided for an |
| 9 | | event or function, including parking areas for the event or |
| 10 | | function, that is sponsored to facilitate the purchase, sale, |
| 11 | | transfer, or exchange of firearms as described in this |
| 12 | | Section.
Nothing in this definition shall be construed to |
| 13 | | exclude a gun show held in conjunction with competitive |
| 14 | | shooting events at the World Shooting Complex sanctioned by a |
| 15 | | national governing body in which the sale or transfer of |
| 16 | | firearms is authorized under subparagraph (5) of paragraph (g) |
| 17 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. |
| 18 | | Unless otherwise expressly stated, "gun show" does not |
| 19 | | include training or safety classes, competitive shooting |
| 20 | | events, such as rifle, shotgun, or handgun matches, trap, |
| 21 | | skeet, or sporting clays shoots, dinners, banquets, raffles, |
| 22 | | or
any other event where the sale or transfer of firearms is |
| 23 | | not the primary course of business. |
| 24 | | "Gun show promoter" means a person who organizes or |
| 25 | | operates a gun show. |
| 26 | | "Gun show vendor" means a person who exhibits, sells, |
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| 1 | | offers for sale, transfers, or exchanges any firearms at a gun |
| 2 | | show, regardless of whether the person arranges with a gun |
| 3 | | show promoter for a fixed location from which to exhibit, |
| 4 | | sell, offer for sale, transfer, or exchange any firearm. |
| 5 | | "Involuntarily admitted" has the meaning as prescribed in |
| 6 | | Sections 1-119 and 1-119.1 of the Mental Health and |
| 7 | | Developmental Disabilities Code. |
| 8 | | "Mental health facility" means any licensed private |
| 9 | | hospital or hospital affiliate, institution, or facility, or |
| 10 | | part thereof, and any facility, or part thereof, operated by |
| 11 | | the State or a political subdivision thereof which provide |
| 12 | | treatment of persons with mental illness and includes all |
| 13 | | hospitals, institutions, clinics, evaluation facilities, |
| 14 | | mental health centers, colleges, universities, long-term care |
| 15 | | facilities, and nursing homes, or parts thereof, which provide |
| 16 | | treatment of persons with mental illness whether or not the |
| 17 | | primary purpose is to provide treatment of persons with mental |
| 18 | | illness. |
| 19 | | "National governing body" means a group of persons who |
| 20 | | adopt rules and formulate policy on behalf of a national |
| 21 | | firearm sporting organization. |
| 22 | | "Patient" means: |
| 23 | | (1) a person who is admitted as an inpatient or |
| 24 | | resident of a public or private mental health facility for |
| 25 | | mental health treatment under Chapter III of the Mental |
| 26 | | Health and Developmental Disabilities Code as an informal |
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| 1 | | admission, a voluntary admission, a minor admission, an |
| 2 | | emergency admission, or an involuntary admission, unless |
| 3 | | the treatment was solely for an alcohol abuse disorder; or |
| 4 | | (2) a person who voluntarily or involuntarily receives |
| 5 | | mental health treatment as an out-patient or is otherwise |
| 6 | | provided services by a public or private mental health |
| 7 | | facility, and who poses a clear and present danger to |
| 8 | | himself, herself, or to others. |
| 9 | | "Person with a developmental disability" means a person |
| 10 | | with a disability which is attributable to any other condition |
| 11 | | which results in impairment similar to that caused by an |
| 12 | | intellectual disability and which requires services similar to |
| 13 | | those required by persons with intellectual disabilities. The |
| 14 | | disability must originate before the age of 18
years, be |
| 15 | | expected to continue indefinitely, and constitute a |
| 16 | | substantial disability. This disability results, in the |
| 17 | | professional opinion of a physician, clinical psychologist, or |
| 18 | | qualified examiner, in significant functional limitations in 3 |
| 19 | | or more of the following areas of major life activity: |
| 20 | | (i) self-care; |
| 21 | | (ii) receptive and expressive language; |
| 22 | | (iii) learning; |
| 23 | | (iv) mobility; or |
| 24 | | (v) self-direction. |
| 25 | | "Person with an intellectual disability" means a person |
| 26 | | with a significantly subaverage general intellectual |
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| 1 | | functioning which exists concurrently with impairment in |
| 2 | | adaptive behavior and which originates before the age of 18 |
| 3 | | years. |
| 4 | | "Physician" has the meaning as defined in Section 1-120 of |
| 5 | | the Mental Health and Developmental Disabilities Code. |
| 6 | | "Qualified examiner" has the meaning provided in Section |
| 7 | | 1-122 of the Mental Health and Developmental Disabilities |
| 8 | | Code. |
| 9 | | "Sanctioned competitive shooting event" means a shooting |
| 10 | | contest officially recognized by a national or state shooting |
| 11 | | sport association, and includes any sight-in or practice |
| 12 | | conducted in conjunction with the event.
|
| 13 | | "School administrator" means the person required to report |
| 14 | | under the School Administrator Reporting of Mental Health |
| 15 | | Clear and Present Danger Determinations Law. |
| 16 | | "Stun gun or taser" has the meaning ascribed to it in |
| 17 | | Section 24-1 of the Criminal Code of 2012. |
| 18 | | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; |
| 19 | | 99-642, eff. 7-28-16; 100-906, eff. 1-1-19.)
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| 20 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) |
| 21 | | Sec. 3. Requirements for firearm transfers. |
| 22 | | (a) A Except as provided in Section 3a, no person shall not |
| 23 | | may knowingly
transfer, or cause to be transferred, any |
| 24 | | firearm, firearm ammunition, stun gun, or taser to any person |
| 25 | | within this State unless the
transferee with whom he or she |
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| 1 | | deals displays either: (1) a currently valid Firearm Owner's
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| 2 | | Identification Card which has previously been issued in his or |
| 3 | | her name by the
Department of State Police under the |
| 4 | | provisions of this Act; or (2) a currently valid license to |
| 5 | | carry a concealed firearm which has previously been issued in |
| 6 | | his or her name by the
Department of State Police under the |
| 7 | | Firearm Concealed Carry Act. In addition,
all firearm, stun |
| 8 | | gun, and taser transfers by federally licensed firearm dealers |
| 9 | | are subject
to Section 3.1. |
| 10 | | (a-5) Beginning 90 days after the effective date of this |
| 11 | | amendatory Act of the 102nd General Assembly, notwithstanding |
| 12 | | item (2) of subsection (a) of this Section, any person who is |
| 13 | | not a federally licensed firearm dealer and who desires to |
| 14 | | transfer or sell a firearm or firearms to any person who is not |
| 15 | | a federally licensed firearm dealer shall do so only through a |
| 16 | | federally licensed firearms dealer as follows: |
| 17 | | (1) the seller or transferor shall give the firearm to |
| 18 | | the federally licensed firearms dealer, who shall retain |
| 19 | | possession of the firearm until every legal requirement |
| 20 | | for the sale or transfer has been met; |
| 21 | | (2) the federally licensed firearms dealer shall |
| 22 | | process the sale or other transfer in compliance with any |
| 23 | | federal, State, and local law, including a National |
| 24 | | Instant Criminal Background Check System background check |
| 25 | | on the buyer or transferee in accordance with 18 U.S.C. |
| 26 | | 922(t) and Section 3.1; |
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| 1 | | (A) if the transaction is not legally prohibited, |
| 2 | | the federally licensed firearm dealer may then |
| 3 | | complete transfer the firearm to the buyer or |
| 4 | | transferee; |
| 5 | | (B) if the transaction is legally prohibited, the |
| 6 | | federally licensed firearm dealer shall conduct a |
| 7 | | National Instant Criminal Background Check System |
| 8 | | background check under paragraph (2) of this |
| 9 | | subsection (a-5) on the transferor or seller before |
| 10 | | returning the firearm; |
| 11 | | (C) if the federally licensed firearm dealer |
| 12 | | cannot return the firearm to either party, the dealer |
| 13 | | shall notify a local law enforcement agency within 24 |
| 14 | | hours to take possession of the firearm; |
| 15 | | (D) if there is a delay in completing a background |
| 16 | | check, the federally licensed firearms dealer shall |
| 17 | | maintain possession of the firearm until the |
| 18 | | background check is completed; |
| 19 | | (3) the federally licensed firearms dealer shall |
| 20 | | ensure that all required documentation of the sale or |
| 21 | | transfer are maintained in accordance with federal, State, |
| 22 | | and local law, including, but not limited to, the |
| 23 | | completion of the Bureau of Alcohol, Tobacco, Firearms, |
| 24 | | and Explosives Firearm Transaction Record Form 4473 which |
| 25 | | shall be open to inspection in accordance the Firearm |
| 26 | | Dealer License Certification Act; |
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| 1 | | (4) the federally licensed firearms dealer may charge |
| 2 | | a fee not to exceed $10 to perform the sale or transfer |
| 3 | | under this Section; and |
| 4 | | (5) no transfer of a firearm shall occur until an |
| 5 | | approval is issued by the Illinois State Police and the |
| 6 | | required waiting period established by Section 24-3 of the |
| 7 | | Criminal Code of 2012 has expired. |
| 8 | | This subsection shall not apply to sales or transfers by |
| 9 | | a: |
| 10 | | (A) law enforcement, corrections, or active duty |
| 11 | | military officer acting within the course of his or her |
| 12 | | employment or official duties; |
| 13 | | (B) person acting under operation of law or court |
| 14 | | order; |
| 15 | | (C) gunsmith who receives the firearm solely for the |
| 16 | | purpose of service or repair; |
| 17 | | (D) person acting on behalf of a common carrier or |
| 18 | | other business for purposes of transportation or storage |
| 19 | | in the ordinary course of his or her business; |
| 20 | | (E) person who is loaned a firearm while on the |
| 21 | | premises of a licensed shooting range for the sole purpose |
| 22 | | of shooting at targets, if the firearm is kept within the |
| 23 | | premises of the shooting range; |
| 24 | | (F) minor who is loaned a firearm for lawful hunting |
| 25 | | or sporting purposes while under the direct supervision of |
| 26 | | an adult; |
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| 1 | | (G) person who acquires a firearm upon the death of |
| 2 | | another person from a will, bequest, inheritance, or as a |
| 3 | | bona fide gift from an immediate family member, as long as |
| 4 | | he or she notifies the Illinois State Police under Section |
| 5 | | 3.1 within 60 days, at which time the Illinois State |
| 6 | | Police shall conduct a National Instant Criminal |
| 7 | | Background Check System background check on the person. In |
| 8 | | this paragraph, "immediate family member" means a spouse, |
| 9 | | domestic partner, children, step-children, parents, or |
| 10 | | step-parents; |
| 11 | | (H) person who transfers a firearm to a law |
| 12 | | enforcement agency; or |
| 13 | | (I) person who is loaned a firearm for lawful hunting |
| 14 | | or sporting purposes while in the presence of the lawful |
| 15 | | owner of the firearm. |
| 16 | | Any person who is not a federally licensed firearm dealer and |
| 17 | | who desires to transfer or sell a firearm while that |
| 18 | | person is on the grounds of a gun show must, before selling |
| 19 | | or transferring the firearm, request the Department of |
| 20 | | State Police to conduct a background check on the |
| 21 | | prospective recipient of the firearm in accordance with |
| 22 | | Section 3.1. |
| 23 | | (a-10) The Illinois State Police shall publish, on its |
| 24 | | website, information for holders of Firearm Owner's |
| 25 | | Identification Cards that includes the changes included in |
| 26 | | this amendatory Act of the 102nd General Assembly. Any Firearm |
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| 1 | | Owner's Identification Card issued or renewed beginning 180 |
| 2 | | days after the effective date of this amendatory Act of the |
| 3 | | 102nd General Assembly shall include a statement indicating |
| 4 | | the changes pertinent in this amendatory Act of the 102nd |
| 5 | | General Assembly for Firearm Owner's Identification Card |
| 6 | | holders. Notwithstanding item (2) of subsection (a) of this |
| 7 | | Section, any person who is not a federally licensed firearm |
| 8 | | dealer and who desires to transfer or sell a firearm or |
| 9 | | firearms to any person who is not a federally licensed firearm |
| 10 | | dealer shall, before selling or transferring the firearms, |
| 11 | | contact the Department of State Police with the transferee's |
| 12 | | or purchaser's Firearm Owner's Identification Card number to |
| 13 | | determine the validity of the transferee's or purchaser's |
| 14 | | Firearm Owner's Identification Card. This subsection shall not |
| 15 | | be effective until January 1, 2014. The Department of State |
| 16 | | Police may adopt rules concerning the implementation of this |
| 17 | | subsection. The Department of State Police shall provide the |
| 18 | | seller or transferor an approval number if the purchaser's |
| 19 | | Firearm Owner's Identification Card is valid. Approvals issued |
| 20 | | by the Department for the purchase of a firearm pursuant to |
| 21 | | this subsection are valid for 30 days from the date of issue. |
| 22 | | (a-15) (Blank). The provisions of subsection (a-10) of |
| 23 | | this Section do not apply to: |
| 24 | | (1) transfers that occur at the place of business of a |
| 25 | | federally licensed firearm dealer, if the federally |
| 26 | | licensed firearm dealer conducts a background check on the |
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| 1 | | prospective recipient of the firearm in accordance with |
| 2 | | Section 3.1 of this Act and follows all other applicable |
| 3 | | federal, State, and local laws as if he or she were the |
| 4 | | seller or transferor of the firearm, although the dealer |
| 5 | | is not required to accept the firearm into his or her |
| 6 | | inventory. The purchaser or transferee may be required by |
| 7 | | the federally licensed firearm dealer to pay a fee not to |
| 8 | | exceed $10 per firearm, which the dealer may retain as |
| 9 | | compensation for performing the functions required under |
| 10 | | this paragraph, plus the applicable fees authorized by |
| 11 | | Section 3.1; |
| 12 | | (2) transfers as a bona fide gift to the transferor's |
| 13 | | husband, wife, son, daughter, stepson, stepdaughter, |
| 14 | | father, mother, stepfather, stepmother, brother, sister, |
| 15 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
| 16 | | grandson, granddaughter, father-in-law, mother-in-law, |
| 17 | | son-in-law, or daughter-in-law; |
| 18 | | (3) transfers by persons acting pursuant to operation |
| 19 | | of law or a court order; |
| 20 | | (4) transfers on the grounds of a gun show under |
| 21 | | subsection (a-5) of this Section; |
| 22 | | (5) the delivery of a firearm by its owner to a |
| 23 | | gunsmith for service or repair, the return of the firearm |
| 24 | | to its owner by the gunsmith, or the delivery of a firearm |
| 25 | | by a gunsmith to a federally licensed firearms dealer for |
| 26 | | service or repair and the return of the firearm to the |
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| 1 | | gunsmith; |
| 2 | | (6) temporary transfers that occur while in the home |
| 3 | | of the unlicensed transferee, if the unlicensed transferee |
| 4 | | is not otherwise prohibited from possessing firearms and |
| 5 | | the unlicensed transferee reasonably believes that |
| 6 | | possession of the firearm is necessary to prevent imminent |
| 7 | | death or great bodily harm to the unlicensed transferee; |
| 8 | | (7) transfers to a law enforcement or corrections |
| 9 | | agency or a law enforcement or corrections officer acting |
| 10 | | within the course and scope of his or her official duties; |
| 11 | | (8) transfers of firearms that have been rendered |
| 12 | | permanently inoperable to a nonprofit historical society, |
| 13 | | museum, or institutional collection; and |
| 14 | | (9) transfers to a person who is exempt from the |
| 15 | | requirement of possessing a Firearm Owner's Identification |
| 16 | | Card under Section 2 of this Act. |
| 17 | | (a-20) (Blank). The Department of State Police shall |
| 18 | | develop an Internet-based system for individuals to determine |
| 19 | | the validity of a Firearm Owner's Identification Card prior to |
| 20 | | the sale or transfer of a firearm. The Department shall have |
| 21 | | the Internet-based system completed and available for use by |
| 22 | | July 1, 2015. The Department shall adopt rules not |
| 23 | | inconsistent with this Section to implement this system. |
| 24 | | (b) Any resident may purchase ammunition from a person |
| 25 | | within or outside of this State 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 must provide the seller with a copy of his |
| 3 | | or her valid Firearm Owner's Identification Card or valid |
| 4 | | concealed carry license and either his or her Illinois |
| 5 | | driver's license or Illinois Identification Card prior to the |
| 6 | | shipment of the ammunition. The ammunition may be shipped only |
| 7 | | to an address on either of those 2 documents. |
| 8 | | (b-1) Any person within this State who before the |
| 9 | | provisions of subsection (a-5) become operative, transferred, |
| 10 | | or caused transfers or causes to be
transferred any firearm, |
| 11 | | stun gun, or taser shall keep a record of such transfer for a |
| 12 | | period
of 10 years from the date of transfer. Such record shall |
| 13 | | contain the date
of the transfer; the description, serial |
| 14 | | number or other information
identifying the firearm, stun gun, |
| 15 | | or taser if no serial number is available; and, if the
transfer |
| 16 | | was completed within this State, the transferee's Firearm |
| 17 | | Owner's
Identification Card number and any approval number or |
| 18 | | documentation provided by the Department of State Police |
| 19 | | pursuant to subsection (a-10) of this Section; if the transfer |
| 20 | | was not completed within this State, the record shall contain |
| 21 | | the name and address of the transferee. The On or after January |
| 22 | | 1, 2006, the record shall contain the date of application for |
| 23 | | transfer of the firearm. On demand of a peace officer such |
| 24 | | transferor
shall produce for inspection such record of |
| 25 | | transfer. If the transfer or sale took place at a gun show, the |
| 26 | | record shall include the unique identification number. Failure |
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| 1 | | to record the unique identification number or approval number |
| 2 | | is a petty offense.
For transfers of a firearm, stun gun, or |
| 3 | | taser made on or after January 1, 2019 (the effective date of |
| 4 | | Public Act 100--1178) and before the provisions of subsection |
| 5 | | (a-5) become operative this amendatory Act of the 100th |
| 6 | | General Assembly, failure by the private seller to maintain |
| 7 | | the transfer records in accordance with this Section is a |
| 8 | | Class A misdemeanor for the first offense and a Class 4 felony |
| 9 | | for a second or subsequent offense. A transferee shall not be |
| 10 | | criminally liable under this subsection (b-1) Section provided |
| 11 | | that he or she provides the Department of State Police with the |
| 12 | | transfer records in accordance with procedures established by |
| 13 | | the Department. The Department shall establish, by rule, a |
| 14 | | standard form on its website. |
| 15 | | (b-5) (Blank). Any resident may purchase ammunition from a |
| 16 | | person within or outside of Illinois if shipment is by United |
| 17 | | States mail or by a private express carrier authorized by |
| 18 | | federal law to ship ammunition. Any resident purchasing |
| 19 | | ammunition within or outside the State of Illinois must |
| 20 | | provide the seller with a copy of his or her valid Firearm |
| 21 | | Owner's Identification Card or valid concealed carry license |
| 22 | | and either his or her Illinois driver's license or Illinois |
| 23 | | State Identification Card prior to the shipment of the |
| 24 | | ammunition. The ammunition may be shipped only to an address |
| 25 | | on either of those 2 documents. |
| 26 | | (c) The provisions of this Section regarding the transfer |
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| 1 | | of firearm
ammunition shall not apply to those persons |
| 2 | | specified in paragraph (b) of
Section 2 of this Act. |
| 3 | | (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
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| 4 | | (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
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| 5 | | Sec. 3a. (a) Any resident of Illinois who has obtained a |
| 6 | | firearm
owner's identification card pursuant to this Act and |
| 7 | | who is not otherwise
prohibited from obtaining, possessing or |
| 8 | | using a firearm may purchase or
obtain a rifle or shotgun or |
| 9 | | ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, |
| 10 | | Wisconsin or Kentucky.
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| 11 | | (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or |
| 12 | | Kentucky
or a
non-resident with a valid non-resident hunting |
| 13 | | license, who
is 18 years of age or older and who is not |
| 14 | | prohibited by the laws of
Illinois, the state of his domicile, |
| 15 | | or the United States from obtaining,
possessing or using a |
| 16 | | firearm, may purchase or obtain a rifle,
shotgun or
ammunition |
| 17 | | for a rifle or shotgun in Illinois.
|
| 18 | | (b-5) Any non-resident who is participating in a |
| 19 | | sanctioned competitive
shooting
event, who is 18 years of age |
| 20 | | or older and who is not prohibited by the laws of
Illinois,
the |
| 21 | | state of his or her domicile, or the United States from |
| 22 | | obtaining,
possessing, or using
a firearm, may purchase or |
| 23 | | obtain a shotgun or shotgun ammunition in Illinois
for the
|
| 24 | | purpose of participating in that event. A person may purchase |
| 25 | | or obtain a
shotgun or
shotgun ammunition under this |
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| 1 | | subsection only at the site where the sanctioned
competitive |
| 2 | | shooting event is being held.
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| 3 | | (b-10) Any non-resident registered competitor or attendee |
| 4 | | of a competitive shooting
event held at the World Shooting |
| 5 | | Complex sanctioned by a national governing
body, who is not |
| 6 | | prohibited by the laws of Illinois, the state of his or her
|
| 7 | | domicile, or the United States from obtaining, possessing, or |
| 8 | | using a firearm
may purchase or obtain a rifle, shotgun, or |
| 9 | | other long gun or ammunition for
a rifle, shotgun, or other |
| 10 | | long gun at the competitive shooting event. The
sanctioning |
| 11 | | body shall provide a list of registered competitors and |
| 12 | | attendees as required
under subparagraph (5) of paragraph (g) |
| 13 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. |
| 14 | | A competitor or attendee of a competitive shooting event who |
| 15 | | does not wish to
purchase a firearm at the event is not |
| 16 | | required to register or have his or her name
appear on a list |
| 17 | | of registered competitors and attendees provided to the |
| 18 | | Department of State
Police by the sanctioning body. |
| 19 | | (c) Any transaction under this Section is subject to the |
| 20 | | provisions of
Section 3 and the Gun Control Act of 1968 (18 |
| 21 | | U.S.C. 922 (b)(3)).
|
| 22 | | (Source: P.A. 99-29, eff. 7-10-15.)
|
| 23 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
|
| 24 | | Sec. 3.1. Firearm transfer inquiry program Dial up system. |
| 25 | | (a) The Department of State Police shall provide
a dial up |
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| 1 | | telephone system or utilize other existing technology which |
| 2 | | shall be used by any federally licensed
firearm dealer, gun |
| 3 | | show promoter, or gun show vendor who is to transfer a firearm, |
| 4 | | stun gun, or taser under the provisions of this
Act. The |
| 5 | | Department of State Police may utilize existing technology |
| 6 | | which
allows the caller to be charged a fee not to exceed $2. |
| 7 | | Fees collected by the Department of
State Police shall be |
| 8 | | deposited in the State Police Services Fund and used
to |
| 9 | | provide the service.
|
| 10 | | (b) Upon receiving a request from a federally licensed |
| 11 | | firearm dealer, gun show promoter, or gun show vendor, the
|
| 12 | | Department of State Police shall immediately approve, or |
| 13 | | within the time
period established by Section 24-3 of the |
| 14 | | Criminal Code of 2012 regarding
the delivery of firearms, stun |
| 15 | | guns, and tasers notify the inquiring dealer, gun show |
| 16 | | promoter, or gun show vendor of any objection that
would |
| 17 | | disqualify the transferee from acquiring or possessing a |
| 18 | | firearm, stun gun, or taser. In
conducting the inquiry, the |
| 19 | | Department of State Police shall initiate and
complete an |
| 20 | | automated search of its criminal history record information
|
| 21 | | files and those of the Federal Bureau of Investigation, |
| 22 | | including the
National Instant Criminal Background Check |
| 23 | | System, and of the files of
the Department of Human Services |
| 24 | | relating to mental health and
developmental disabilities to |
| 25 | | obtain
any prohibiting information felony conviction or |
| 26 | | patient hospitalization information which would
disqualify a |
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| 1 | | person from obtaining or require revocation of a currently
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| 2 | | valid Firearm Owner's Identification Card. |
| 3 | | (c) If receipt of a firearm would not violate Section 24-3 |
| 4 | | of the Criminal Code of 2012, federal law, or this Act the |
| 5 | | Department of State Police shall: |
| 6 | | (1) assign a unique identification number to the |
| 7 | | transfer; and |
| 8 | | (2) provide the licensee, gun show promoter, or gun |
| 9 | | show vendor with the number. |
| 10 | | (d) Approvals issued by the Department of State Police for |
| 11 | | the purchase of a firearm are valid for 30 days from the date |
| 12 | | of issue.
|
| 13 | | (e) (1) The Department of State Police must act as the |
| 14 | | Illinois Point of Contact
for the National Instant Criminal |
| 15 | | Background Check System. |
| 16 | | (2) The Department of State Police and the Department of |
| 17 | | Human Services shall, in accordance with State and federal law |
| 18 | | regarding confidentiality, enter into a memorandum of |
| 19 | | understanding with the Federal Bureau of Investigation for the |
| 20 | | purpose of implementing the National Instant Criminal |
| 21 | | Background Check System in the State. The Department of State |
| 22 | | Police shall report the name, date of birth, and physical |
| 23 | | description of any person prohibited from possessing a firearm |
| 24 | | pursuant to the Firearm Owners Identification Card Act or 18 |
| 25 | | U.S.C. 922(g) and (n) to the National Instant Criminal |
| 26 | | Background Check System Index, Denied Persons Files.
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| 1 | | (3) The Department of State Police shall provide notice of |
| 2 | | the disqualification of a person under subsection (b) of this |
| 3 | | Section or the revocation of a person's Firearm Owner's |
| 4 | | Identification Card under Section 8 or Section 8.2 of this |
| 5 | | Act, and the reason for the disqualification or revocation, to |
| 6 | | all law enforcement agencies with jurisdiction to assist with |
| 7 | | the seizure of the person's Firearm Owner's Identification |
| 8 | | Card. |
| 9 | | (f) The Department of State Police shall adopt rules not |
| 10 | | inconsistent with this Section to implement this
system.
|
| 11 | | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
|
| 12 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
|
| 13 | | Sec. 4. Application for Firearm Owner's Identification |
| 14 | | Cards. |
| 15 | | (a) Each applicant for a Firearm Owner's Identification |
| 16 | | Card must:
|
| 17 | | (1) Make application on blank forms prepared and |
| 18 | | furnished at convenient
locations throughout the State by |
| 19 | | the Department of State Police, or by
electronic means, if |
| 20 | | and when made available by the Department of State
Police; |
| 21 | | and
|
| 22 | | (2) Submit evidence to the Department of State Police |
| 23 | | that:
|
| 24 | | (i) This subparagraph (i) applies through the |
| 25 | | 180th day following the effective date of this |
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| 1 | | amendatory Act of the 101st General Assembly. He or |
| 2 | | she is 21 years of age or over, or if he or she is |
| 3 | | under 21
years of age that he or she has the written |
| 4 | | consent of his or her parent or
legal guardian to |
| 5 | | possess and acquire firearms and firearm ammunition |
| 6 | | and that
he or she has never been convicted of a |
| 7 | | misdemeanor other than a traffic
offense or adjudged
|
| 8 | | delinquent, provided, however, that such parent or |
| 9 | | legal guardian is not an
individual prohibited from |
| 10 | | having a Firearm Owner's Identification Card and
files |
| 11 | | an affidavit with the Department as prescribed by the |
| 12 | | Department
stating that he or she is not an individual |
| 13 | | prohibited from having a Card; |
| 14 | | (i-5) This subparagraph (i-5) applies on and after |
| 15 | | the 181st day following the effective date of this |
| 16 | | amendatory Act of the 101st General Assembly. He or |
| 17 | | she is 21 years of age or over, or if he or she is |
| 18 | | under 21
years of age that he or she has never been |
| 19 | | convicted of a misdemeanor other than a traffic |
| 20 | | offense or adjudged delinquent and is an active duty |
| 21 | | member of the United States Armed Forces or has the |
| 22 | | written consent of his or her parent or
legal guardian |
| 23 | | to possess and acquire firearms and firearm |
| 24 | | ammunition, provided, however, that such parent or |
| 25 | | legal guardian is not an
individual prohibited from |
| 26 | | having a Firearm Owner's Identification Card and
files |
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| 1 | | an affidavit with the Department as prescribed by the |
| 2 | | Department
stating that he or she is not an individual |
| 3 | | prohibited from having a Card or the active duty |
| 4 | | member of the United States Armed Forces under 21 |
| 5 | | years of age annually submits proof to the Department |
| 6 | | of State Police, in a manner prescribed by the |
| 7 | | Department;
|
| 8 | | (ii) He or she has not been convicted of a felony |
| 9 | | under the laws of
this or any other jurisdiction;
|
| 10 | | (iii) He or she is not addicted to narcotics;
|
| 11 | | (iv) He or she has not been a patient in a mental |
| 12 | | health facility within
the past 5 years or, if he or |
| 13 | | she has been a patient in a mental health facility more |
| 14 | | than 5 years ago submit the certification required |
| 15 | | under subsection (u) of Section 8 of this Act;
|
| 16 | | (v) He or she is not a person with an intellectual |
| 17 | | disability;
|
| 18 | | (vi) He or she is not an alien who is unlawfully |
| 19 | | present in the
United States under the laws of the |
| 20 | | United States;
|
| 21 | | (vii) He or she is not subject to an existing order |
| 22 | | of protection
prohibiting him or her from possessing a |
| 23 | | firearm;
|
| 24 | | (viii) He or she has not been convicted within the |
| 25 | | past 5 years of
battery, assault, aggravated assault, |
| 26 | | violation of an order of
protection, or a |
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| 1 | | substantially similar offense in another jurisdiction, |
| 2 | | in
which a firearm was used or possessed;
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| 3 | | (ix) He or she has not been convicted of domestic |
| 4 | | battery, aggravated domestic battery, or a
|
| 5 | | substantially similar offense in another
jurisdiction |
| 6 | | committed before, on or after January 1, 2012 (the |
| 7 | | effective date of Public Act 97-158). If the applicant |
| 8 | | knowingly and intelligently waives the right to have |
| 9 | | an offense described in this clause (ix) tried by a |
| 10 | | jury, and by guilty plea or otherwise, results in a |
| 11 | | conviction for an offense in which a domestic |
| 12 | | relationship is not a required element of the offense |
| 13 | | but in which a determination of the applicability of |
| 14 | | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of |
| 15 | | the Code of Criminal Procedure of 1963, an entry by the |
| 16 | | court of a judgment of conviction for that offense |
| 17 | | shall be grounds for denying the issuance of a Firearm |
| 18 | | Owner's Identification Card under this Section;
|
| 19 | | (x) (Blank);
|
| 20 | | (xi) He or she is not an alien who has been |
| 21 | | admitted to the United
States under a non-immigrant |
| 22 | | visa (as that term is defined in Section
101(a)(26) of |
| 23 | | the Immigration and Nationality Act (8 U.S.C. |
| 24 | | 1101(a)(26))),
or that he or she is an alien who has |
| 25 | | been lawfully admitted to the United
States under a |
| 26 | | non-immigrant visa if that alien is:
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| 1 | | (1) admitted to the United States for lawful |
| 2 | | hunting or sporting
purposes;
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| 3 | | (2) an official representative of a foreign |
| 4 | | government who is:
|
| 5 | | (A) accredited to the United States |
| 6 | | Government or the Government's
mission to an |
| 7 | | international organization having its |
| 8 | | headquarters in the United
States; or
|
| 9 | | (B) en route to or from another country to |
| 10 | | which that alien is
accredited;
|
| 11 | | (3) an official of a foreign government or |
| 12 | | distinguished foreign
visitor who has been so |
| 13 | | designated by the Department of State;
|
| 14 | | (4) a foreign law enforcement officer of a |
| 15 | | friendly foreign
government entering the United |
| 16 | | States on official business; or
|
| 17 | | (5) one who has received a waiver from the |
| 18 | | Attorney General of the
United States pursuant to |
| 19 | | 18 U.S.C. 922(y)(3);
|
| 20 | | (xii) He or she is not a minor subject to a |
| 21 | | petition filed
under Section 5-520 of the Juvenile |
| 22 | | Court Act of 1987 alleging that the
minor is a |
| 23 | | delinquent minor for the commission of an offense that |
| 24 | | if
committed by an adult would be a felony;
|
| 25 | | (xiii) He or she is not an adult who had been |
| 26 | | adjudicated a delinquent
minor under the Juvenile |
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| 1 | | Court Act of 1987 for the commission of an offense
that |
| 2 | | if committed by an adult would be a felony;
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| 3 | | (xiv) He or she is a resident of the State of |
| 4 | | Illinois; |
| 5 | | (xv) He or she has not been adjudicated as a person |
| 6 | | with a mental disability; |
| 7 | | (xvi) He or she has not been involuntarily |
| 8 | | admitted into a mental health facility; and |
| 9 | | (xvii) He or she is not a person with a |
| 10 | | developmental disability; and |
| 11 | | (3) Upon request by the Department of State Police, |
| 12 | | sign a release on a
form prescribed by the Department of |
| 13 | | State Police waiving any right to
confidentiality and |
| 14 | | requesting the disclosure to the Department of State |
| 15 | | Police
of limited mental health institution admission |
| 16 | | information from another state,
the District of Columbia, |
| 17 | | any other territory of the United States, or a
foreign |
| 18 | | nation concerning the applicant for the sole purpose of |
| 19 | | determining
whether the applicant is or was a patient in a |
| 20 | | mental health institution and
disqualified because of that |
| 21 | | status from receiving a Firearm Owner's
Identification |
| 22 | | Card. No mental health care or treatment records may be
|
| 23 | | requested. The information received shall be destroyed |
| 24 | | within one year of
receipt.
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| 25 | | (a-5) Each applicant for a Firearm Owner's Identification |
| 26 | | Card who is over
the age of 18 shall furnish to the Department |
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| 1 | | of State Police either his or
her Illinois driver's license |
| 2 | | number or Illinois Identification Card number, except as
|
| 3 | | provided in subsection (a-10).
|
| 4 | | (a-10) Each applicant for a Firearm Owner's Identification |
| 5 | | Card,
who is employed as a law enforcement officer, an armed |
| 6 | | security officer in Illinois, or by the United States Military
|
| 7 | | permanently assigned in Illinois and who is not an Illinois |
| 8 | | resident, shall furnish to
the Department of State Police his |
| 9 | | or her driver's license number or state
identification card |
| 10 | | number from his or her state of residence. The Department
of |
| 11 | | State Police may adopt rules to enforce the provisions of this
|
| 12 | | subsection (a-10).
|
| 13 | | (a-15) If an applicant applying for a Firearm Owner's |
| 14 | | Identification Card moves from the residence address named in |
| 15 | | the application, he or she shall immediately notify in a form |
| 16 | | and manner prescribed by the Department of State Police of |
| 17 | | that change of address. |
| 18 | | (a-20) Each applicant for a Firearm Owner's Identification |
| 19 | | Card shall furnish to the Department of State Police his or her |
| 20 | | photograph. An applicant who is 21 years of age or older |
| 21 | | seeking a religious exemption to the photograph requirement |
| 22 | | must furnish with the application an approved copy of United |
| 23 | | States Department of the Treasury Internal Revenue Service |
| 24 | | Form 4029. In lieu of a photograph, an applicant regardless of |
| 25 | | age seeking a religious exemption to the photograph |
| 26 | | requirement shall submit fingerprints on a form and manner |
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| 1 | | prescribed by the Department with his or her application. |
| 2 | | (a-25) Beginning 180 days after the effective date of this |
| 3 | | amendatory Act of the 102nd General Assembly, each applicant |
| 4 | | for the issuance or renewal of a Firearm Owner's |
| 5 | | Identification Card shall include a full set of his or her |
| 6 | | fingerprints in electronic format to the Illinois State |
| 7 | | Police, unless the applicant has previously provided a full |
| 8 | | set of his or her fingerprints to the Illinois State Police |
| 9 | | under this Act or the Firearm Concealed Carry Act. |
| 10 | | (1) The fingerprints must be transmitted through a |
| 11 | | live scan fingerprint vendor licensed by the Department of |
| 12 | | Financial and Professional Regulation. These fingerprints |
| 13 | | shall be checked against the fingerprint records now and |
| 14 | | hereafter filed in the Illinois State Police and Federal |
| 15 | | Bureau of Investigation criminal history records |
| 16 | | databases, including all available state and local |
| 17 | | criminal history record information files. A live scan |
| 18 | | fingerprint vendor may not charge more than $30 per set of |
| 19 | | fingerprints reviewed under this Section. |
| 20 | | (2) The Illinois State Police shall charge applicants |
| 21 | | a one-time fee for conducting the criminal history record |
| 22 | | check, which shall be deposited in the State Police |
| 23 | | Services Fund and shall not exceed the actual cost of the |
| 24 | | State and national criminal history record check. |
| 25 | | (a-30) The Illinois State Police shall deny the |
| 26 | | application of any person who fails to submit evidence |
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| 1 | | required by this Section. |
| 2 | | (b) Each application form shall include the following |
| 3 | | statement printed in
bold type: "Warning: Entering false |
| 4 | | information on an application for a Firearm
Owner's |
| 5 | | Identification Card is punishable as a Class 2 felony in |
| 6 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
| 7 | | Owners Identification Card
Act.".
|
| 8 | | (c) Upon such written consent, pursuant to Section 4, |
| 9 | | paragraph (a)(2)(i),
the parent or legal guardian giving the |
| 10 | | consent shall be liable for any
damages resulting from the |
| 11 | | applicant's use of firearms or firearm ammunition.
|
| 12 | | (Source: P.A. 101-80, eff. 7-12-19.)
|
| 13 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
|
| 14 | | Sec. 5. Application and renewal. |
| 15 | | (a) The Department of State Police shall either approve or
|
| 16 | | deny all complete applications within 30 business days from |
| 17 | | the date they are received,
except as provided in subsection |
| 18 | | (b) of this Section, and every applicant found qualified under |
| 19 | | Section 8 of this Act by
the Department shall be entitled to a |
| 20 | | Firearm Owner's Identification
Card upon the payment of a $20 |
| 21 | | $10 fee, and applicable processing fees. Any applicant who is |
| 22 | | an active duty member of the Armed Forces of the United States, |
| 23 | | a member of the Illinois National Guard, or a member of the |
| 24 | | Reserve Forces of the United States is exempt from the |
| 25 | | application fee. $15 of each fee derived from the issuance of |
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| 1 | | Firearm Owner's Identification Cards, or renewals thereof, |
| 2 | | shall be deposited in the State Police Firearm Services Fund; |
| 3 | | and $5 of the fee shall be deposited in the State Police |
| 4 | | Revocation Enforcement Fund $6 of each fee derived from the
|
| 5 | | issuance of Firearm Owner's Identification Cards, or renewals |
| 6 | | thereof,
shall be deposited in the Wildlife and Fish Fund in |
| 7 | | the State Treasury;
$1 of the fee shall be deposited in the |
| 8 | | State Police Services Fund and $3 of the fee shall be deposited |
| 9 | | in the
State Police Firearm Services Fund. |
| 10 | | (b) Complete renewal Renewal applications shall be |
| 11 | | approved or denied within 60 business days, provided the |
| 12 | | applicant submitted his or her renewal application prior to |
| 13 | | the expiration of his or her Firearm Owner's Identification |
| 14 | | Card. If a renewal application has been submitted prior to the |
| 15 | | expiration date of the applicant's Firearm Owner's |
| 16 | | Identification Card, the Firearm Owner's Identification Card |
| 17 | | shall remain valid while the Department processes the |
| 18 | | application, unless the person is subject to or becomes |
| 19 | | subject to revocation under this Act. The cost for a renewal |
| 20 | | application shall be $20 and applicable processing fees, of |
| 21 | | $10 which $15 shall be deposited into the State Police Firearm |
| 22 | | Services Fund; and $5 shall be deposited into the State Police |
| 23 | | Revocation Enforcement Fund.
|
| 24 | | (c) In this Section, "complete application" and "complete |
| 25 | | renewal application" means the applicant has submitted the |
| 26 | | evidence required by Section 4. |
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| 1 | | (Source: P.A. 100-906, eff. 1-1-19.)
|
| 2 | | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
|
| 3 | | Sec. 7. Validity of Firearm Owner's Identification Card. |
| 4 | | (a) Except as provided in Section 8 of this Act or |
| 5 | | subsection (b) of this Section, a Firearm Owner's
|
| 6 | | Identification Card issued under the provisions of this Act |
| 7 | | shall be valid
for the person to whom it is issued for a period |
| 8 | | of 5 10 years from the date
of issuance. Any person whose card |
| 9 | | was previously issued for a period of 10 years shall retain the |
| 10 | | 10-year issuance period until the next date of renewal, at |
| 11 | | which point the card shall be renewed for 5 years. |
| 12 | | (b) If a renewal application is submitted to the |
| 13 | | Department before the expiration date of the applicant's |
| 14 | | current Firearm Owner's Identification Card, the Firearm |
| 15 | | Owner's Identification Card shall remain valid for a period of |
| 16 | | 60 business days, unless the person is subject to or becomes |
| 17 | | subject to revocation under this Act.
|
| 18 | | (Source: P.A. 100-906, eff. 1-1-19.)
|
| 19 | | (430 ILCS 65/7.5 new) |
| 20 | | Sec. 7.5. Email notifications. A person subject to this |
| 21 | | Act may notify the Illinois State Police upon application or |
| 22 | | at any time thereafter that he or she would like to receive |
| 23 | | correspondence from the Illinois State Police via email rather |
| 24 | | than by mail.
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| 1 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| 2 | | Sec. 8. Grounds for denial and revocation. The Department |
| 3 | | of State Police has authority to deny an
application for or to |
| 4 | | revoke and seize a Firearm Owner's Identification
Card |
| 5 | | previously issued under this Act only if the Department finds |
| 6 | | that the
applicant or the person to whom such card was issued |
| 7 | | is or was at the time
of issuance:
|
| 8 | | (a) A person under 21 years of age who has been |
| 9 | | convicted of a
misdemeanor other than a traffic offense or |
| 10 | | adjudged delinquent;
|
| 11 | | (b) This subsection (b) applies through the 180th day |
| 12 | | following the effective date of this amendatory Act of the |
| 13 | | 101st General Assembly. A person under 21 years of age who |
| 14 | | does not have the written consent
of his parent or |
| 15 | | guardian to acquire and possess firearms and firearm
|
| 16 | | ammunition, or whose parent or guardian has revoked such |
| 17 | | written consent,
or where such parent or guardian does not |
| 18 | | qualify to have a Firearm Owner's
Identification Card; |
| 19 | | (b-5) This subsection (b-5) applies on and after the |
| 20 | | 181st day following the effective date of this amendatory |
| 21 | | Act of the 101st General Assembly. A person under 21 years |
| 22 | | of age who is not an active duty member of the United |
| 23 | | States Armed Forces and does not have the written consent
|
| 24 | | of his or her parent or guardian to acquire and possess |
| 25 | | firearms and firearm
ammunition, or whose parent or |
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| 1 | | guardian has revoked such written consent,
or where such |
| 2 | | parent or guardian does not qualify to have a Firearm |
| 3 | | Owner's
Identification Card;
|
| 4 | | (c) A person convicted of a felony under the laws of |
| 5 | | this or any other
jurisdiction;
|
| 6 | | (d) A person addicted to narcotics;
|
| 7 | | (e) A person who has been a patient of a mental health |
| 8 | | facility within the
past 5 years or a person who has been a |
| 9 | | patient in a mental health facility more than 5 years ago |
| 10 | | who has not received the certification required under |
| 11 | | subsection (u) of this Section. An active law enforcement |
| 12 | | officer employed by a unit of government who is denied, |
| 13 | | revoked, or has his or her Firearm Owner's Identification |
| 14 | | Card seized under this subsection (e) may obtain relief as |
| 15 | | described in subsection (c-5) of Section 10 of this Act if |
| 16 | | the officer did not act in a manner threatening to the |
| 17 | | officer, another person, or the public as determined by |
| 18 | | the treating clinical psychologist or physician, and the |
| 19 | | officer seeks mental health treatment;
|
| 20 | | (f) A person whose mental condition is of such a |
| 21 | | nature that it poses
a clear and present danger to the |
| 22 | | applicant, any other person or persons or
the community;
|
| 23 | | (g) A person who has an intellectual disability;
|
| 24 | | (h) A person who intentionally makes a false statement |
| 25 | | in the Firearm
Owner's Identification Card application;
|
| 26 | | (i) An alien who is unlawfully present in
the United |
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| 1 | | States under the laws of the United States;
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| 2 | | (i-5) An alien who has been admitted to the United |
| 3 | | States under a
non-immigrant visa (as that term is defined |
| 4 | | in Section 101(a)(26) of the
Immigration and Nationality |
| 5 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection |
| 6 | | (i-5) does not apply to any alien who has been lawfully |
| 7 | | admitted to
the United States under a non-immigrant visa |
| 8 | | if that alien is:
|
| 9 | | (1) admitted to the United States for lawful |
| 10 | | hunting or sporting purposes;
|
| 11 | | (2) an official representative of a foreign |
| 12 | | government who is:
|
| 13 | | (A) accredited to the United States Government |
| 14 | | or the Government's
mission to an international |
| 15 | | organization having its headquarters in the United
|
| 16 | | States; or
|
| 17 | | (B) en route to or from another country to |
| 18 | | which that alien is
accredited;
|
| 19 | | (3) an official of a foreign government or |
| 20 | | distinguished foreign visitor
who has been so |
| 21 | | designated by the Department of State;
|
| 22 | | (4) a foreign law enforcement officer of a |
| 23 | | friendly foreign government
entering the United States |
| 24 | | on official business; or
|
| 25 | | (5) one who has received a waiver from the |
| 26 | | Attorney General of the United
States pursuant to 18 |
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| 1 | | U.S.C. 922(y)(3);
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| 2 | | (j) (Blank);
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| 3 | | (k) A person who has been convicted within the past 5 |
| 4 | | years of battery,
assault, aggravated assault, violation |
| 5 | | of an order of protection, or a
substantially similar |
| 6 | | offense in another jurisdiction, in which a firearm was
|
| 7 | | used or possessed;
|
| 8 | | (l) A person who has been convicted of domestic |
| 9 | | battery, aggravated domestic battery, or a substantially
|
| 10 | | similar offense in another jurisdiction committed before, |
| 11 | | on or after January 1, 2012 (the effective date of Public |
| 12 | | Act 97-158). If the applicant or person who has been |
| 13 | | previously issued a Firearm Owner's Identification Card |
| 14 | | under this Act knowingly and intelligently waives the |
| 15 | | right to have an offense described in this paragraph (l) |
| 16 | | tried by a jury, and by guilty plea or otherwise, results |
| 17 | | in a conviction for an offense in which a domestic |
| 18 | | relationship is not a required element of the offense but |
| 19 | | in which a determination of the applicability of 18 U.S.C. |
| 20 | | 922(g)(9) is made under Section 112A-11.1 of the Code of |
| 21 | | Criminal Procedure of 1963, an entry by the court of a |
| 22 | | judgment of conviction for that offense shall be grounds |
| 23 | | for denying an application for and for revoking and |
| 24 | | seizing a Firearm Owner's Identification Card previously |
| 25 | | issued to the person under this Act;
|
| 26 | | (m) (Blank);
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| 1 | | (n) A person who is prohibited from acquiring or |
| 2 | | possessing
firearms or firearm ammunition by any Illinois |
| 3 | | State statute or by federal
law;
|
| 4 | | (o) A minor subject to a petition filed under Section |
| 5 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the |
| 6 | | minor is a delinquent minor for
the commission of an |
| 7 | | offense that if committed by an adult would be a felony;
|
| 8 | | (p) An adult who had been adjudicated a delinquent |
| 9 | | minor under the Juvenile
Court Act of 1987 for the |
| 10 | | commission of an offense that if committed by an
adult |
| 11 | | would be a felony;
|
| 12 | | (q) A person who is not a resident of the State of |
| 13 | | Illinois, except as provided in subsection (a-10) of |
| 14 | | Section 4; |
| 15 | | (r) A person who has been adjudicated as a person with |
| 16 | | a mental disability; |
| 17 | | (s) A person who has been found to have a |
| 18 | | developmental disability; |
| 19 | | (t) A person involuntarily admitted into a mental |
| 20 | | health facility; or |
| 21 | | (u) A person who has had his or her Firearm Owner's |
| 22 | | Identification Card revoked or denied under subsection (e) |
| 23 | | of this Section or item (iv) of paragraph (2) of |
| 24 | | subsection (a) of Section 4 of this Act because he or she |
| 25 | | was a patient in a mental health facility as provided in |
| 26 | | subsection (e) of this Section, shall not be permitted to |
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| 1 | | obtain a Firearm Owner's Identification Card, after the |
| 2 | | 5-year period has lapsed, unless he or she has received a |
| 3 | | mental health evaluation by a physician, clinical |
| 4 | | psychologist, or qualified examiner as those terms are |
| 5 | | defined in the Mental Health and Developmental |
| 6 | | Disabilities Code, and has received a certification that |
| 7 | | he or she is not a clear and present danger to himself, |
| 8 | | herself, or others. The physician, clinical psychologist, |
| 9 | | or qualified examiner making the certification and his or |
| 10 | | her employer shall not be held criminally, civilly, or |
| 11 | | professionally liable for making or not making the |
| 12 | | certification required under this subsection, except for |
| 13 | | willful or wanton misconduct. This subsection does not |
| 14 | | apply to a person whose firearm possession rights have |
| 15 | | been restored through administrative or judicial action |
| 16 | | under Section 10 or 11 of this Act; or . |
| 17 | | (v) A person who has failed to submit the evidence |
| 18 | | required by Section 4. |
| 19 | | Upon revocation of a person's Firearm Owner's |
| 20 | | Identification Card, the Department of State Police shall |
| 21 | | provide notice to the person within 7 business days and the |
| 22 | | person shall comply with Section 9.5 of this Act. |
| 23 | | (Source: P.A. 101-80, eff. 7-12-19.)
|
| 24 | | (430 ILCS 65/8.4 new) |
| 25 | | Sec. 8.4. Cancellation of Firearm Owner's Identification |
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| 1 | | Card. The Illinois State Police may cancel a Firearm Owner's |
| 2 | | Identification Card if a person is not prohibited by State or |
| 3 | | federal law from acquiring or possessing a firearm or firearm |
| 4 | | ammunition and the sole purpose is for an administrative |
| 5 | | reason. This includes, but is not limited to, at the request of |
| 6 | | the Firearm Owner's Identification Card holder, a person who |
| 7 | | surrenders his or her Illinois driver's license or Illinois |
| 8 | | Identification Card to another jurisdiction, or a person's |
| 9 | | Firearm Owner's Identification Card is reported as lost, |
| 10 | | stolen, or destroyed. The Illinois State Police may adopt |
| 11 | | rules necessary to implement this Section.
|
| 12 | | (430 ILCS 65/9.5) |
| 13 | | Sec. 9.5. Revocation or suspension of Firearm Owner's |
| 14 | | Identification
Card. |
| 15 | | (a) A person who receives a revocation or suspension |
| 16 | | notice under Section 9 of this Act shall, within 48 hours of |
| 17 | | receiving notice of the revocation or suspension: |
| 18 | | (1) surrender his or her Firearm Owner's |
| 19 | | Identification Card to the local law enforcement agency |
| 20 | | where the person resides. The local law enforcement agency |
| 21 | | shall provide the person a receipt and transmit the |
| 22 | | Firearm Owner's Identification Card to the Department of |
| 23 | | State Police; and |
| 24 | | (2) complete a Firearm Disposition Record on a form |
| 25 | | prescribed by the Department of State Police and place his |
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| 1 | | or her firearms in the location or with the person |
| 2 | | reported in the Firearm Disposition Record. The form shall |
| 3 | | require the person to disclose: |
| 4 | | (A) the make, model, and serial number of each |
| 5 | | firearm owned by or under the custody and control of |
| 6 | | the revoked or suspended person; |
| 7 | | (B) the location where each firearm will be |
| 8 | | maintained during the prohibited term; and |
| 9 | | (C) if any firearm will be transferred to the |
| 10 | | custody of another person, the name, address and |
| 11 | | Firearm Owner's Identification Card number of the |
| 12 | | transferee. |
| 13 | | (a-5) The Firearm Disposition Record shall contain a |
| 14 | | statement to be signed by the transferee that the transferee: |
| 15 | | (1) is aware of, and will abide by, current law |
| 16 | | regarding the unlawful transfer of a firearm; |
| 17 | | (2) is aware of the penalties for violating the law as |
| 18 | | it pertains to unlawful transfer of a firearm; and |
| 19 | | (3) intends to retain possession of the firearm or |
| 20 | | firearms until it is determined that the transferor is |
| 21 | | legally eligible to possess a firearm and has an active |
| 22 | | Firearm Owner's Identification Card, if applicable, or |
| 23 | | until a new person is chosen to hold the firearm or |
| 24 | | firearms. |
| 25 | | (b) The local law enforcement agency shall provide a copy |
| 26 | | of the Firearm Disposition Record to the person whose Firearm |
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| 1 | | Owner's Identification Card has been revoked or suspended, the |
| 2 | | transferee, and to the Department of State Police. |
| 3 | | (c) The Illinois State Police shall conduct enforcement |
| 4 | | operations against persons whose Firearm Owner's |
| 5 | | Identification Cards have been revoked or suspended and |
| 6 | | persons who fail to comply with the requirements of this |
| 7 | | Section, prioritizing individuals presenting a clear and |
| 8 | | present danger to themselves or to others under paragraph (2) |
| 9 | | of subsection (d) of Section 8.1. If the person whose Firearm |
| 10 | | Owner's Identification Card has been revoked or suspended |
| 11 | | fails to comply with the requirements of this Section, the |
| 12 | | sheriff or law enforcement agency where the person resides may |
| 13 | | petition the circuit court to issue a warrant to search for and |
| 14 | | seize the Firearm Owner's Identification Card and firearms in |
| 15 | | the possession or under the custody or control of the person |
| 16 | | whose Firearm Owner's Identification Card has been revoked or |
| 17 | | suspended. |
| 18 | | (d) A violation of subsection (a) of this Section is a |
| 19 | | Class A misdemeanor. |
| 20 | | (e) The observation of a Firearm Owner's Identification |
| 21 | | Card in the possession of a person whose Firearm Owner's |
| 22 | | Identification Card has been revoked or suspended constitutes |
| 23 | | a sufficient basis for the arrest of that person for violation |
| 24 | | of this Section. |
| 25 | | (f) Within 30 days after the effective date of this |
| 26 | | amendatory Act of the 98th General Assembly, the Department of |
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| 1 | | State Police shall provide written notice of the requirements |
| 2 | | of this Section to persons whose Firearm Owner's |
| 3 | | Identification Cards have been revoked, suspended, or expired |
| 4 | | and who have failed to surrender their cards to the |
| 5 | | Department. |
| 6 | | (g) A person whose Firearm Owner's Identification Card has |
| 7 | | been revoked or suspended and who received notice under |
| 8 | | subsection (f) shall comply with the requirements of this |
| 9 | | Section within 48 hours of receiving notice.
|
| 10 | | (h) Nothing in this Section prevents a court from from |
| 11 | | ordering an individual to surrender his or her Firearm Owner's |
| 12 | | Identification Card and any firearms to a law enforcement |
| 13 | | agency of the court's choosing, in a timeframe shorter than 48 |
| 14 | | hours after receipt of the notice of revocation or suspension. |
| 15 | | (Source: P.A. 98-63, eff. 7-9-13.)
|
| 16 | | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
|
| 17 | | Sec. 14. Sentence.
|
| 18 | | (a) Except as provided in subsection (a-5), a violation of |
| 19 | | paragraph (1) of subsection (a) of Section 2, when the
|
| 20 | | person's Firearm Owner's
Identification Card is expired but |
| 21 | | the person is not otherwise disqualified
from renewing the |
| 22 | | card, is a Class A misdemeanor.
|
| 23 | | (a-5) A violation of paragraph (1) of subsection (a) of |
| 24 | | Section 2, when the
person's Firearm Owner's
Identification |
| 25 | | Card is expired but the person is not otherwise disqualified
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| 1 | | from owning, purchasing, or possessing firearms, is a petty |
| 2 | | offense if the card was expired for 6 months or less from the |
| 3 | | date of expiration. |
| 4 | | (b) Except as provided in subsection (a) with respect to |
| 5 | | an expired
card, a violation of paragraph (1) of subsection |
| 6 | | (a) of Section 2 is a
Class A misdemeanor when the person does |
| 7 | | not possess a currently valid Firearm
Owner's Identification |
| 8 | | Card, but is otherwise eligible under this Act. A
second or |
| 9 | | subsequent violation is a Class 4 felony.
|
| 10 | | (c) A violation of paragraph (1) of subsection (a) of |
| 11 | | Section 2 is a Class
3 felony when:
|
| 12 | | (1) the person's Firearm Owner's Identification Card |
| 13 | | is revoked or
subject to revocation under Section 8; or
|
| 14 | | (2) the person's Firearm Owner's Identification Card |
| 15 | | is expired and not
otherwise eligible for renewal under |
| 16 | | this Act; or
|
| 17 | | (3) the person does not possess a currently valid |
| 18 | | Firearm Owner's
Identification Card, and the person is not |
| 19 | | otherwise eligible under this
Act.
|
| 20 | | (d) A violation of subsection (a) or (a-5) of Section 3 is |
| 21 | | a Class 4 felony, except that a violation of item (G) of |
| 22 | | subsection (a-5) of Section 3 is a Class A misdemeanor.
A third |
| 23 | | or subsequent conviction is a Class 1 felony.
|
| 24 | | (d-5) Any person who knowingly enters false information on |
| 25 | | an application
for a Firearm Owner's Identification Card, who |
| 26 | | knowingly gives a false answer
to any question on the |
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| 1 | | application, or who knowingly submits false evidence in
|
| 2 | | connection with an application is guilty of a Class 2 felony.
|
| 3 | | (e) Except as provided by Section 6.1 of this Act, any |
| 4 | | other
violation of this Act is a Class A misdemeanor.
|
| 5 | | (Source: P.A. 97-1131, eff. 1-1-13.)
|
| 6 | | Section 25. The Firearm Concealed Carry Act is amended by |
| 7 | | changing Sections 30 and 50 and by adding Section 13 as |
| 8 | | follows:
|
| 9 | | (430 ILCS 66/13 new) |
| 10 | | Sec. 13. Email notifications. A person subject to this Act |
| 11 | | may notify the Illinois State Police upon application or at |
| 12 | | any time thereafter that he or she would like to receive |
| 13 | | correspondence from the Illinois State Police via email rather |
| 14 | | than by mail.
|
| 15 | | (430 ILCS 66/30)
|
| 16 | | Sec. 30. Contents of license application. |
| 17 | | (a) The license application shall be in writing, under |
| 18 | | penalty of perjury, on a standard form adopted by the |
| 19 | | Department and shall be accompanied by the documentation |
| 20 | | required in this Section and the applicable fee. Each |
| 21 | | application form shall include the following statement printed |
| 22 | | in bold type: "Warning: Entering false information on this |
| 23 | | form is punishable as perjury under Section 32-2 of the |
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| 1 | | Criminal Code of 2012." |
| 2 | | (b) The application shall contain the following: |
| 3 | | (1) the applicant's name, current address, date and |
| 4 | | year of birth, place of birth, height, weight, hair color, |
| 5 | | eye color, maiden name or any other name the applicant has |
| 6 | | used or identified with, and any address where the |
| 7 | | applicant resided for more than 30 days within the 10 |
| 8 | | years preceding the date of the license application; |
| 9 | | (2) the applicant's valid driver's license number or |
| 10 | | valid state identification card number; |
| 11 | | (3) a waiver of the applicant's privacy and |
| 12 | | confidentiality rights and privileges under all federal |
| 13 | | and state laws, including those limiting access to |
| 14 | | juvenile court, criminal justice, psychological, or |
| 15 | | psychiatric records or records relating to any |
| 16 | | institutionalization of the applicant, and an affirmative |
| 17 | | request that a person having custody of any of these |
| 18 | | records provide it or information concerning it to the |
| 19 | | Department. The waiver only applies to records sought in |
| 20 | | connection with determining whether the applicant |
| 21 | | qualifies for a license to carry a concealed firearm under |
| 22 | | this Act, or whether the applicant remains in compliance |
| 23 | | with the Firearm Owners Identification Card Act; |
| 24 | | (4) an affirmation that the applicant possesses a |
| 25 | | currently valid Firearm Owner's Identification Card and |
| 26 | | card number if possessed or notice the applicant is |
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| 1 | | applying for a Firearm Owner's Identification Card in |
| 2 | | conjunction with the license application; |
| 3 | | (5) an affirmation that the applicant has not been |
| 4 | | convicted or found guilty of: |
| 5 | | (A) a felony; |
| 6 | | (B) a misdemeanor involving the use or threat of |
| 7 | | physical force or violence to any person within the 5 |
| 8 | | years preceding the date of the application; or |
| 9 | | (C) 2 or more violations related to driving while |
| 10 | | under the influence of alcohol, other drug or drugs, |
| 11 | | intoxicating compound or compounds, or any combination |
| 12 | | thereof, within the 5 years preceding the date of the |
| 13 | | license application; and |
| 14 | | (6) whether the applicant has failed a drug test for a |
| 15 | | drug for which the applicant did not have a prescription, |
| 16 | | within the previous year, and if so, the provider of the |
| 17 | | test, the specific substance involved, and the date of the |
| 18 | | test; |
| 19 | | (7) written consent for the Department to review and |
| 20 | | use the applicant's Illinois digital driver's license or |
| 21 | | Illinois identification card photograph and signature; |
| 22 | | (8) a full set of fingerprints submitted to the |
| 23 | | Department in electronic format in a form and manner |
| 24 | | prescribed by the Illinois State Police, unless the |
| 25 | | applicant has previously provided a full set of his or her |
| 26 | | fingerprints to the Illinois State Police under the |
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| 1 | | Firearm Owners Identification Card Act; , provided the |
| 2 | | Department may accept an application submitted without a |
| 3 | | set of fingerprints in which case the Department shall be |
| 4 | | granted 30 days in addition to the 90 days provided under |
| 5 | | subsection (e) of Section 10 of this Act to issue or deny a |
| 6 | | license; |
| 7 | | (9) a head and shoulder color photograph in a size |
| 8 | | specified by the Department taken within the 30 days |
| 9 | | preceding the date of the license application; and |
| 10 | | (10) a photocopy of any certificates or other evidence |
| 11 | | of compliance with the training requirements under this |
| 12 | | Act.
|
| 13 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
|
| 14 | | (430 ILCS 66/50)
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| 15 | | Sec. 50. License renewal. |
| 16 | | (a) This subsection (a) applies through the 180th day |
| 17 | | following the effective date of this amendatory Act of the |
| 18 | | 101st General Assembly. Applications for renewal of a license |
| 19 | | shall be made to the Department. A license shall be renewed for |
| 20 | | a period of 5 years upon receipt of a completed renewal |
| 21 | | application, completion of 3 hours of training required under |
| 22 | | Section 75 of this Act, payment of the applicable renewal fee, |
| 23 | | and completion of an investigation under Section 35 of this |
| 24 | | Act. The renewal application shall contain the information |
| 25 | | required in Section 30 of this Act, except that the applicant |
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| 1 | | need not resubmit a full set of fingerprints if the applicant |
| 2 | | has previously provided a full set of his or her fingerprints |
| 3 | | to the Illinois State Police under this Act or the Firearm |
| 4 | | Owners Identification Card Act. |
| 5 | | (b) This subsection (b) applies on and after the 181st day |
| 6 | | following the effective date of this amendatory Act of the |
| 7 | | 101st General Assembly. Applications for renewal of a license |
| 8 | | shall be made to the Department. A license shall be renewed for |
| 9 | | a period of 5 years from the date of expiration on the |
| 10 | | applicant's current license upon the receipt of a completed |
| 11 | | renewal application, completion of 3 hours of training |
| 12 | | required under Section 75 of this Act, payment of the |
| 13 | | applicable renewal fee, and completion of an investigation |
| 14 | | under Section 35 of this Act. The renewal application shall |
| 15 | | contain the information required in Section 30 of this Act, |
| 16 | | except that the applicant need not resubmit a full set of |
| 17 | | fingerprints.
|
| 18 | | (Source: P.A. 101-80, eff. 7-12-19.)
|
| 19 | | Section 30. The Criminal Code of 2012 is amended by |
| 20 | | changing Section 24-3 as follows:
|
| 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 |
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| 1 | | following:
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| 2 | | (a) Sells or gives any firearm of a size which may be |
| 3 | | concealed upon the
person to any person under 18 years of |
| 4 | | age.
|
| 5 | | (b) Sells or gives any firearm to a person under 21 |
| 6 | | years of age who has
been convicted of a misdemeanor other |
| 7 | | than a traffic offense or adjudged
delinquent.
|
| 8 | | (c) Sells or gives any firearm to any narcotic addict.
|
| 9 | | (d) Sells or gives any firearm to any person who has |
| 10 | | been convicted of a
felony under the laws of this or any |
| 11 | | other jurisdiction.
|
| 12 | | (e) Sells or gives any firearm to any person who has |
| 13 | | been a patient in a
mental institution within the past 5 |
| 14 | | years. In this subsection (e): |
| 15 | | "Mental institution" means any hospital, |
| 16 | | institution, clinic, evaluation facility, mental |
| 17 | | health center, or part thereof, which is used |
| 18 | | primarily for the care or treatment of persons with |
| 19 | | mental illness. |
| 20 | | "Patient in a mental institution" means the person |
| 21 | | was admitted, either voluntarily or involuntarily, to |
| 22 | | a mental institution for mental health treatment, |
| 23 | | unless the treatment was voluntary and solely for an |
| 24 | | alcohol abuse disorder and no other secondary |
| 25 | | substance abuse disorder or mental illness.
|
| 26 | | (f) Sells or gives any firearms to any person who is a |
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| 1 | | person with an intellectual disability.
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| 2 | | (g) Delivers any firearm, incidental to a sale, |
| 3 | | without withholding delivery of the firearm
for at least |
| 4 | | 72 hours after application for its purchase has been made, |
| 5 | | or
delivers a stun gun or taser, incidental to a sale,
|
| 6 | | without withholding delivery of the stun gun or taser for
|
| 7 | | at least 24 hours after application for its purchase has |
| 8 | | been made.
However,
this paragraph (g) does not apply to: |
| 9 | | (1) the sale of a firearm
to a law enforcement officer if |
| 10 | | the seller of the firearm knows that the person to whom he |
| 11 | | or she is selling the firearm is a law enforcement officer |
| 12 | | or the sale of a firearm to a person who desires to |
| 13 | | purchase a firearm for
use in promoting the public |
| 14 | | interest incident to his or her employment as a
bank |
| 15 | | guard, armed truck guard, or other similar employment; (2) |
| 16 | | a mail
order sale of a firearm from a federally licensed |
| 17 | | firearms dealer to a nonresident of Illinois under which |
| 18 | | the firearm
is mailed to a federally licensed firearms |
| 19 | | dealer outside the boundaries of Illinois; (3) (blank); |
| 20 | | (4) the sale of a
firearm to a dealer licensed as a federal |
| 21 | | firearms dealer under Section 923
of the federal Gun |
| 22 | | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or |
| 23 | | sale of any rifle, shotgun, or other long gun to a resident |
| 24 | | registered competitor or attendee or non-resident |
| 25 | | registered competitor or attendee by any dealer licensed |
| 26 | | as a federal firearms dealer under Section 923 of the |
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| 1 | | federal Gun Control Act of 1968 at competitive shooting |
| 2 | | events held at the World Shooting Complex sanctioned by a |
| 3 | | national governing body. For purposes of transfers or |
| 4 | | sales under subparagraph (5) of this paragraph (g), the |
| 5 | | Department of Natural Resources shall give notice to the |
| 6 | | Department of State Police at least 30 calendar days prior |
| 7 | | to any competitive shooting events at the World Shooting |
| 8 | | Complex sanctioned by a national governing body. The |
| 9 | | notification shall be made on a form prescribed by the |
| 10 | | Department of State Police. The sanctioning body shall |
| 11 | | provide a list of all registered competitors and attendees |
| 12 | | at least 24 hours before the events to the Department of |
| 13 | | State Police. Any changes to the list of registered |
| 14 | | competitors and attendees shall be forwarded to the |
| 15 | | Department of State Police as soon as practicable. The |
| 16 | | Department of State Police must destroy the list of |
| 17 | | registered competitors and attendees no later than 30 days |
| 18 | | after the date of the event. Nothing in this paragraph (g) |
| 19 | | relieves a federally licensed firearm dealer from the |
| 20 | | requirements of conducting a NICS background check through |
| 21 | | the Illinois Point of Contact under 18 U.S.C. 922(t). For |
| 22 | | purposes of this paragraph (g), "application" means when |
| 23 | | the buyer and seller reach an agreement to purchase a |
| 24 | | firearm.
For purposes of this paragraph (g), "national |
| 25 | | governing body" means a group of persons who adopt rules |
| 26 | | and formulate policy on behalf of a national firearm |
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| 1 | | sporting organization.
|
| 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 Act; and (2)
|
| 11 | | "handgun" is defined as a firearm designed to be held
and |
| 12 | | fired by the use of a single hand, and includes a |
| 13 | | combination of parts from
which such a firearm can be |
| 14 | | 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 |
| 20 | | without being licensed as a federal firearms
dealer under |
| 21 | | Section 923 of the federal Gun Control Act of 1968 (18 |
| 22 | | U.S.C.
923). 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 |
| 8 | | intents, such as
improving or liquidating a personal |
| 9 | | firearms collection; however, proof of
profit shall not be |
| 10 | | required as to a person who engages in the regular and
|
| 11 | | repetitive purchase and disposition of firearms for |
| 12 | | criminal purposes or
terrorism.
|
| 13 | | (k) Sells or transfers ownership of a firearm to a |
| 14 | | person in violation of Section 3 of the Firearm Owners |
| 15 | | Identification Card Act who does not display to the seller |
| 16 | | or transferor of the firearm either: (1) a currently valid |
| 17 | | Firearm Owner's Identification Card that has previously |
| 18 | | been issued in the transferee's name by the Department of |
| 19 | | State Police under the provisions of the Firearm Owners |
| 20 | | Identification Card Act; or (2) a currently valid license |
| 21 | | to carry a concealed firearm that has previously been |
| 22 | | issued in the transferee's name by the
Department of State |
| 23 | | Police under the Firearm Concealed Carry Act. This |
| 24 | | paragraph (k) does not apply to the transfer of a firearm |
| 25 | | to a person who is exempt from the requirement of |
| 26 | | possessing a Firearm Owner's Identification Card under |
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| 1 | | Section 2 of the Firearm Owners Identification Card Act. |
| 2 | | For the purposes of this Section, a currently valid |
| 3 | | Firearm Owner's Identification Card means (i) a Firearm |
| 4 | | Owner's Identification Card that has not expired or (ii) |
| 5 | | an approval number issued in accordance with subsection |
| 6 | | (a-10) of subsection 3 or Section 3.1 of the Firearm |
| 7 | | Owners Identification Card Act shall be proof that the |
| 8 | | Firearm Owner's Identification Card was valid. |
| 9 | | (1) (Blank). In addition to the other requirements |
| 10 | | of this paragraph (k), all persons who are not |
| 11 | | federally licensed firearms dealers must also have |
| 12 | | complied with subsection (a-10) of Section 3 of the |
| 13 | | Firearm Owners Identification Card Act by determining |
| 14 | | the validity of a purchaser's Firearm Owner's |
| 15 | | Identification Card. |
| 16 | | (2) All sellers or transferors who have complied |
| 17 | | with the requirements of subparagraph (1) of this |
| 18 | | paragraph (k) shall not be liable for damages in any |
| 19 | | civil action arising from the use or misuse by the |
| 20 | | transferee of the firearm transferred, except for |
| 21 | | willful or wanton misconduct on the part of the seller |
| 22 | | or transferor. |
| 23 | | (l) Not
being entitled to the possession of a firearm, |
| 24 | | delivers the
firearm, knowing it to have been stolen or |
| 25 | | converted. It may be inferred that
a person who possesses |
| 26 | | a firearm with knowledge that its serial number has
been |
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| 1 | | removed or altered has knowledge that the firearm is |
| 2 | | stolen or converted. |
| 3 | | (B) Paragraph (h) of subsection (A) does not include |
| 4 | | firearms sold within 6
months after enactment of Public
Act |
| 5 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
| 6 | | nor is any
firearm legally owned or
possessed by any citizen or |
| 7 | | purchased by any citizen within 6 months after the
enactment |
| 8 | | of Public Act 78-355 subject
to confiscation or seizure under |
| 9 | | the provisions of that Public Act. Nothing in
Public Act |
| 10 | | 78-355 shall be construed to prohibit the gift or trade of
any |
| 11 | | firearm if that firearm was legally held or acquired within 6 |
| 12 | | months after
the enactment of that Public Act.
|
| 13 | | (C) Sentence.
|
| 14 | | (1) Any person convicted of unlawful sale or delivery |
| 15 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
| 16 | | or (h) of subsection (A) commits a Class
4
felony.
|
| 17 | | (2) Any person convicted of unlawful sale or delivery |
| 18 | | of firearms in violation of
paragraph (b) or (i) of |
| 19 | | subsection (A) commits a Class 3 felony.
|
| 20 | | (3) Any person convicted of unlawful sale or delivery |
| 21 | | of firearms in violation of
paragraph (a) of subsection |
| 22 | | (A) commits a Class 2 felony.
|
| 23 | | (4) Any person convicted of unlawful sale or delivery |
| 24 | | of firearms in violation of
paragraph (a), (b), or (i) of |
| 25 | | subsection (A) in any school, on the real
property |
| 26 | | comprising a school, within 1,000 feet of the real |
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| 1 | | property comprising
a school, at a school related |
| 2 | | activity, or on or within 1,000 feet of any
conveyance |
| 3 | | owned, leased, or contracted by a school or school |
| 4 | | district to
transport students to or from school or a |
| 5 | | school related activity,
regardless of the time of day or |
| 6 | | time of year at which the offense
was committed, commits a |
| 7 | | Class 1 felony. Any person convicted of a second
or |
| 8 | | subsequent violation of unlawful sale or delivery of |
| 9 | | firearms in violation of paragraph
(a), (b), or (i) of |
| 10 | | subsection (A) in any school, on the real property
|
| 11 | | comprising a school, within 1,000 feet of the real |
| 12 | | property comprising a
school, at a school related |
| 13 | | activity, or on or within 1,000 feet of any
conveyance |
| 14 | | owned, leased, or contracted by a school or school |
| 15 | | district to
transport students to or from school or a |
| 16 | | school related activity,
regardless of the time of day or |
| 17 | | time of year at which the offense
was committed, commits a |
| 18 | | Class 1 felony for which the sentence shall be a
term of |
| 19 | | imprisonment of no less than 5 years and no more than 15 |
| 20 | | years.
|
| 21 | | (5) Any person convicted of unlawful sale or delivery |
| 22 | | of firearms in violation of
paragraph (a) or (i) of |
| 23 | | subsection (A) in residential property owned,
operated, or |
| 24 | | managed by a public housing agency or leased by a public |
| 25 | | housing
agency as part of a scattered site or mixed-income |
| 26 | | development, in a public
park, in a
courthouse, on |
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| 1 | | residential property owned, operated, or managed by a |
| 2 | | public
housing agency or leased by a public housing agency |
| 3 | | as part of a scattered site
or mixed-income development, |
| 4 | | on the real property comprising any public park,
on the |
| 5 | | real
property comprising any courthouse, or on any public |
| 6 | | way within 1,000 feet
of the real property comprising any |
| 7 | | public park, courthouse, or residential
property owned, |
| 8 | | operated, or managed by a public housing agency or leased |
| 9 | | by a
public housing agency as part of a scattered site or |
| 10 | | mixed-income development
commits a
Class 2 felony.
|
| 11 | | (6) Any person convicted of unlawful sale or delivery |
| 12 | | of firearms in violation of
paragraph (j) of subsection |
| 13 | | (A) commits a Class A misdemeanor. A second or
subsequent |
| 14 | | violation is a Class 4 felony. |
| 15 | | (7) Any person convicted of unlawful sale or delivery |
| 16 | | of firearms in violation of paragraph (k) of subsection |
| 17 | | (A) commits a Class 4 felony, except that a violation of |
| 18 | | item (G) of subsection (a-5) of Section 3 of the Firearm |
| 19 | | Owners Identification Card Act is a Class A misdemeanor |
| 20 | | subparagraph (1) of paragraph (k) of subsection (A) shall |
| 21 | | not be punishable as a crime or petty offense. A third or |
| 22 | | subsequent conviction for a violation of paragraph (k) of |
| 23 | | subsection (A) is a Class 1 felony.
|
| 24 | | (8) A person 18 years of age or older convicted of |
| 25 | | unlawful sale or delivery of firearms in violation of |
| 26 | | paragraph (a) or (i) of subsection (A), when the firearm |
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| 1 | | that was sold or given to another person under 18 years of |
| 2 | | age was used in the commission of or attempt to commit a |
| 3 | | forcible felony, shall be fined or imprisoned, or both, |
| 4 | | not to exceed the maximum provided for the most serious |
| 5 | | forcible felony so committed or attempted by the person |
| 6 | | under 18 years of age who was sold or given the firearm. |
| 7 | | (9) Any person convicted of unlawful sale or delivery |
| 8 | | of firearms in violation of
paragraph (d) of subsection |
| 9 | | (A) commits a Class 3 felony. |
| 10 | | (10) Any person convicted of unlawful sale or delivery |
| 11 | | of firearms in violation of paragraph (l) of subsection |
| 12 | | (A) commits a Class 2 felony if the delivery is of one |
| 13 | | firearm. Any person convicted of unlawful sale or delivery |
| 14 | | of firearms in violation of paragraph (l) of subsection |
| 15 | | (A) commits a Class 1 felony if the delivery is of not less |
| 16 | | than 2 and not more than 5 firearms at the
same time or |
| 17 | | within a one year period. Any person convicted of unlawful |
| 18 | | sale or delivery of firearms in violation of paragraph (l) |
| 19 | | of subsection (A) commits a Class X felony for which he or |
| 20 | | she shall be sentenced
to a term of imprisonment of not |
| 21 | | less than 6 years and not more than 30
years if the |
| 22 | | delivery is of not less than 6 and not more than 10 |
| 23 | | firearms at the
same time or within a 2 year period. Any |
| 24 | | person convicted of unlawful sale or delivery of firearms |
| 25 | | in violation of paragraph (l) of subsection (A) commits a |
| 26 | | Class X felony for which he or she shall be sentenced
to a |
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| 1 | | term of imprisonment of not less than 6 years and not more |
| 2 | | than 40
years if the delivery is of not less than 11 and |
| 3 | | not more than 20 firearms at the
same time or within a 3 |
| 4 | | year period. Any person convicted of unlawful sale or |
| 5 | | delivery of firearms in violation of paragraph (l) of |
| 6 | | subsection (A) commits a Class X felony for which he or she |
| 7 | | shall be sentenced
to a term of imprisonment of not less |
| 8 | | than 6 years and not more than 50
years if the delivery is |
| 9 | | of not less than 21 and not more than 30 firearms at the
|
| 10 | | same time or within a 4 year period. Any person convicted |
| 11 | | of unlawful sale or delivery of firearms in violation of |
| 12 | | paragraph (l) of subsection (A) commits a Class X felony |
| 13 | | for which he or she shall be sentenced
to a term of |
| 14 | | imprisonment of not less than 6 years and not more than 60
|
| 15 | | years if the delivery is of 31 or more firearms at the
same |
| 16 | | time or within a 5 year period. |
| 17 | | (D) For purposes of this Section:
|
| 18 | | "School" means a public or private elementary or secondary |
| 19 | | school,
community college, college, or university.
|
| 20 | | "School related activity" means any sporting, social, |
| 21 | | academic, or
other activity for which students' attendance or |
| 22 | | participation is sponsored,
organized, or funded in whole or |
| 23 | | in part by a school or school district.
|
| 24 | | (E) A prosecution for a violation of paragraph (k) of |
| 25 | | subsection (A) of this Section may be commenced within 6 years |
| 26 | | after the commission of the offense. A prosecution for a |
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| 1 | | violation of this Section other than paragraph (g) of |
| 2 | | subsection (A) of this Section may be commenced within 5 years |
| 3 | | after the commission of the offense defined in the particular |
| 4 | | paragraph.
|
| 5 | | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; |
| 6 | | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
|
| 7 | | Section 35. The Code of Criminal Procedure of 1963 is |
| 8 | | amended by changing Section 110-10 as follows:
|
| 9 | | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
|
| 10 | | Sec. 110-10. Conditions of bail bond.
|
| 11 | | (a) If a person is released prior to conviction, either |
| 12 | | upon payment of
bail security or on his or her own |
| 13 | | recognizance, the conditions of the bail
bond shall be that he |
| 14 | | or she will:
|
| 15 | | (1) Appear to answer the charge in the court having |
| 16 | | jurisdiction on
a day certain and thereafter as ordered by |
| 17 | | the court until discharged or
final order of the court;
|
| 18 | | (2) Submit himself or herself to the orders and |
| 19 | | process of the court;
|
| 20 | | (3) Not depart this State without leave of the court;
|
| 21 | | (4) Not violate any criminal statute of any |
| 22 | | jurisdiction;
|
| 23 | | (5) At a time and place designated by the court, the |
| 24 | | defendant shall physically surrender all firearms in his |
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| 1 | | or her possession to a law enforcement agency designated |
| 2 | | by the court to take custody of and impound the firearms |
| 3 | | and physically surrender his or her Firearm Owner's |
| 4 | | Identification Card to the law enforcement agency as a |
| 5 | | condition of remaining on bond pending trial surrender all |
| 6 | | firearms
in his or her possession to a law enforcement |
| 7 | | officer designated by the court
to take custody of and |
| 8 | | impound the firearms
and physically
surrender his or her |
| 9 | | Firearm Owner's Identification Card to the clerk of the
|
| 10 | | circuit court
when the offense the person has
been charged |
| 11 | | with is a forcible felony, stalking, aggravated stalking, |
| 12 | | domestic
battery, any violation of the Illinois Controlled |
| 13 | | Substances Act, the Methamphetamine Control and Community |
| 14 | | Protection Act, or the
Cannabis Control Act that is |
| 15 | | classified as a Class 2 or greater felony, or any
felony |
| 16 | | violation of Article 24 of the Criminal Code of 1961 or the |
| 17 | | Criminal Code of 2012. A defendant whose Firearm Owner's |
| 18 | | Identification Card has been revoked or suspended may |
| 19 | | petition the court to transfer the defendant's firearm to |
| 20 | | a person who is lawfully able to possess the firearm if the |
| 21 | | person does not reside at the same address as the |
| 22 | | defendant. Any transfer must be conducted under Section 3 |
| 23 | | of the Firearm Owners Identification Card Act. The |
| 24 | | transferee who receives the defendant's firearms must |
| 25 | | swear or affirm by affidavit that he or she shall not |
| 26 | | transfer the firearm to the defendant or to anyone |
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| 1 | | residing in the same residence as the defendant, until the |
| 2 | | defendant's Firearm Owner's Identification Card has been |
| 3 | | reinstated. The law enforcement agency, upon transfer of |
| 4 | | the firearms, shall require the defendant to complete a |
| 5 | | Firearm Disposition Record under Section 9.5 of the |
| 6 | | Firearm Owners Identification Card Act and provide a copy |
| 7 | | to the Illinois State Police along with the defendant's |
| 8 | | Firearm Owner's Identification Card; the court
may,
|
| 9 | | however, forgo the imposition of this condition when the |
| 10 | | defendant has provided proof to the court that he or she |
| 11 | | has legally disposed or transferred his or her firearms |
| 12 | | and returned his or her Firearm Owner's Identification |
| 13 | | Card to the Illinois State Police. If the court finds the |
| 14 | | circumstances of the case clearly do not warrant it or |
| 15 | | when its imposition would be impractical, the court shall |
| 16 | | indicate on the record and in writing and the court's |
| 17 | | basis for making the determination when the
circumstances |
| 18 | | of the
case clearly do not warrant it or when its |
| 19 | | imposition would be
impractical; all legally possessed |
| 20 | | firearms shall be returned to the person upon proof being |
| 21 | | provided to the law enforcement agency of the |
| 22 | | reinstatement of the person's Firearm Owner's |
| 23 | | Identification Card;
if the Firearm Owner's Identification |
| 24 | | Card is confiscated, the clerk of the circuit court shall |
| 25 | | mail the confiscated card to the Illinois State Police; |
| 26 | | all legally possessed firearms shall be returned to the |
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| 1 | | person upon
the charges being dismissed, or if the person |
| 2 | | is found not guilty, unless the
finding of not guilty is by |
| 3 | | reason of insanity; and
|
| 4 | | (6) At a time and place designated by the court, |
| 5 | | submit to a
psychological
evaluation when the person has |
| 6 | | been charged with a violation of item (4) of
subsection
|
| 7 | | (a) of Section 24-1 of the Criminal Code of 1961 or the |
| 8 | | Criminal Code of 2012 and that violation occurred in
a |
| 9 | | school
or in any conveyance owned, leased, or contracted |
| 10 | | by a school to transport
students to or
from school or a |
| 11 | | school-related activity, or on any public way within 1,000
|
| 12 | | feet of real
property comprising any school.
|
| 13 | | Psychological evaluations ordered pursuant to this Section |
| 14 | | shall be completed
promptly
and made available to the State, |
| 15 | | the defendant, and the court. As a further
condition of bail |
| 16 | | under
these circumstances, the court shall order the defendant |
| 17 | | to refrain from
entering upon the
property of the school, |
| 18 | | including any conveyance owned, leased, or contracted
by a |
| 19 | | school to
transport students to or from school or a |
| 20 | | school-related activity, or on any public way within
1,000 |
| 21 | | feet of real property comprising any school. Upon receipt of |
| 22 | | the psychological evaluation,
either the State or the |
| 23 | | defendant may request a change in the conditions of bail, |
| 24 | | pursuant to
Section 110-6 of this Code. The court may change |
| 25 | | the conditions of bail to include a
requirement that the |
| 26 | | defendant follow the recommendations of the psychological |
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| 1 | | evaluation,
including undergoing psychiatric treatment. The |
| 2 | | conclusions of the
psychological evaluation and
any statements |
| 3 | | elicited from the defendant during its administration are not
|
| 4 | | admissible as evidence
of guilt during the course of any trial |
| 5 | | on the charged offense, unless the
defendant places his or her
|
| 6 | | mental competency in issue.
|
| 7 | | (b) The court may impose other conditions, such as the |
| 8 | | following, if the
court finds that such conditions are |
| 9 | | reasonably necessary to assure the
defendant's appearance in |
| 10 | | court, protect the public from the defendant, or
prevent the |
| 11 | | defendant's unlawful interference with the orderly |
| 12 | | administration
of justice:
|
| 13 | | (1) Report to or appear in person before such person |
| 14 | | or agency as the
court may direct;
|
| 15 | | (2) Refrain from possessing a firearm or other |
| 16 | | dangerous weapon;
|
| 17 | | (3) Refrain from approaching or communicating with |
| 18 | | particular persons or
classes of persons;
|
| 19 | | (4) Refrain from going to certain described |
| 20 | | geographical areas or
premises;
|
| 21 | | (5) Refrain from engaging in certain activities or |
| 22 | | indulging in
intoxicating liquors or in certain drugs;
|
| 23 | | (6) Undergo treatment for drug addiction or |
| 24 | | alcoholism;
|
| 25 | | (7) Undergo medical or psychiatric treatment;
|
| 26 | | (8) Work or pursue a course of study or vocational |
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| 1 | | training;
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| 2 | | (9) Attend or reside in a facility designated by the |
| 3 | | court;
|
| 4 | | (10) Support his or her dependents;
|
| 5 | | (11) If a minor resides with his or her parents or in a |
| 6 | | foster home,
attend school, attend a non-residential |
| 7 | | program for youths, and contribute
to his or her own |
| 8 | | support at home or in a foster home;
|
| 9 | | (12) Observe any curfew ordered by the court;
|
| 10 | | (13) Remain in the custody of such designated person |
| 11 | | or organization
agreeing to supervise his release. Such |
| 12 | | third party custodian shall be
responsible for notifying |
| 13 | | the court if the defendant fails to observe the
conditions |
| 14 | | of release which the custodian has agreed to monitor, and |
| 15 | | shall
be subject to contempt of court for failure so to |
| 16 | | notify the court;
|
| 17 | | (14) Be placed under direct supervision of the |
| 18 | | Pretrial Services
Agency, Probation Department or Court |
| 19 | | Services Department in a pretrial
bond home supervision |
| 20 | | capacity with or without the use of an approved
electronic |
| 21 | | monitoring device subject to Article 8A of Chapter V of |
| 22 | | the
Unified Code of Corrections;
|
| 23 | | (14.1) The court shall impose upon a defendant who is |
| 24 | | charged with any
alcohol, cannabis, methamphetamine, or |
| 25 | | controlled substance violation and is placed under
direct |
| 26 | | supervision of the Pretrial Services Agency, Probation |
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| 1 | | Department or
Court Services Department in a pretrial bond |
| 2 | | home supervision capacity with
the use of an approved |
| 3 | | monitoring device, as a condition of such bail bond,
a fee |
| 4 | | that represents costs incidental to the electronic |
| 5 | | monitoring for each
day of such bail supervision ordered |
| 6 | | by the
court, unless after determining the inability of |
| 7 | | the defendant to pay the
fee, the court assesses a lesser |
| 8 | | fee or no fee as the case may be. The fee
shall be |
| 9 | | collected by the clerk of the circuit court, except as |
| 10 | | provided in an administrative order of the Chief Judge of |
| 11 | | the circuit court. The clerk of the
circuit court shall |
| 12 | | pay all monies collected from this fee to the county
|
| 13 | | treasurer for deposit in the substance abuse services fund |
| 14 | | under Section
5-1086.1 of the Counties Code, except as |
| 15 | | provided in an administrative order of the Chief Judge of |
| 16 | | the circuit court. |
| 17 | | The Chief Judge of the circuit court of the county may |
| 18 | | by administrative order establish a program for electronic |
| 19 | | monitoring of offenders with regard to drug-related and |
| 20 | | alcohol-related offenses, in which a vendor supplies and |
| 21 | | monitors the operation of the electronic monitoring |
| 22 | | device, and collects the fees on behalf of the county. The |
| 23 | | program shall include provisions for indigent offenders |
| 24 | | and the collection of unpaid fees. The program shall not |
| 25 | | unduly burden the offender and shall be subject to review |
| 26 | | by the Chief Judge. |
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| 1 | | The Chief Judge of the circuit court may suspend any |
| 2 | | additional charges or fees for late payment, interest, or |
| 3 | | damage to any device;
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| 4 | | (14.2) The court shall impose upon all defendants, |
| 5 | | including those
defendants subject to paragraph (14.1) |
| 6 | | above, placed under direct supervision
of the Pretrial |
| 7 | | Services Agency, Probation Department or Court Services
|
| 8 | | Department in a pretrial bond home supervision capacity |
| 9 | | with the use of an
approved monitoring device, as a |
| 10 | | condition of such bail bond, a fee
which shall represent |
| 11 | | costs incidental to such
electronic monitoring for each |
| 12 | | day of such bail supervision ordered by the
court, unless |
| 13 | | after determining the inability of the defendant to pay |
| 14 | | the fee,
the court assesses a lesser fee or no fee as the |
| 15 | | case may be. The fee shall be
collected by the clerk of the |
| 16 | | circuit court, except as provided in an administrative |
| 17 | | order of the Chief Judge of the circuit court. The clerk of |
| 18 | | the circuit court
shall pay all monies collected from this |
| 19 | | fee to the county treasurer who shall
use the monies |
| 20 | | collected to defray the costs of corrections. The county
|
| 21 | | treasurer shall deposit the fee collected in the county |
| 22 | | working cash fund under
Section 6-27001 or Section 6-29002 |
| 23 | | of the Counties Code, as the case may
be, except as |
| 24 | | provided in an administrative order of the Chief Judge of |
| 25 | | the circuit court. |
| 26 | | The Chief Judge of the circuit court of the county may |
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| 1 | | by administrative order establish a program for electronic |
| 2 | | monitoring of offenders with regard to drug-related and |
| 3 | | alcohol-related offenses, in which a vendor supplies and |
| 4 | | monitors the operation of the electronic monitoring |
| 5 | | device, and collects the fees on behalf of the county. The |
| 6 | | program shall include provisions for indigent offenders |
| 7 | | and the collection of unpaid fees. The program shall not |
| 8 | | unduly burden the offender and shall be subject to review |
| 9 | | by the Chief Judge. |
| 10 | | The Chief Judge of the circuit court may suspend any |
| 11 | | additional charges or fees for late payment, interest, or |
| 12 | | damage to any device;
|
| 13 | | (14.3) The Chief Judge of the Judicial Circuit may |
| 14 | | establish reasonable
fees to be paid by a person receiving |
| 15 | | pretrial services while under supervision
of a pretrial |
| 16 | | services agency, probation department, or court services
|
| 17 | | department. Reasonable fees may be charged for pretrial |
| 18 | | services
including, but not limited to, pretrial |
| 19 | | supervision, diversion programs,
electronic monitoring, |
| 20 | | victim impact services, drug and alcohol testing, DNA |
| 21 | | testing, GPS electronic monitoring, assessments and |
| 22 | | evaluations related to domestic violence and other |
| 23 | | victims, and
victim mediation services. The person |
| 24 | | receiving pretrial services may be
ordered to pay all |
| 25 | | costs incidental to pretrial services in accordance with |
| 26 | | his
or her ability to pay those costs;
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| 1 | | (14.4) For persons charged with violating Section |
| 2 | | 11-501 of the Illinois
Vehicle Code, refrain from |
| 3 | | operating a motor vehicle not equipped with an
ignition |
| 4 | | interlock device, as defined in Section 1-129.1 of the |
| 5 | | Illinois
Vehicle Code,
pursuant to the rules promulgated |
| 6 | | by the Secretary of State for the
installation of ignition
|
| 7 | | interlock devices. Under this condition the court may |
| 8 | | allow a defendant who is
not
self-employed to operate a |
| 9 | | vehicle owned by the defendant's employer that is
not |
| 10 | | equipped with an ignition interlock device in the course |
| 11 | | and scope of the
defendant's employment;
|
| 12 | | (15) Comply with the terms and conditions of an order |
| 13 | | of protection
issued by the court under the Illinois |
| 14 | | Domestic Violence Act of 1986 or an
order of protection |
| 15 | | issued by the court of another state, tribe, or United
|
| 16 | | States territory;
|
| 17 | | (16) Under Section 110-6.5 comply with the conditions |
| 18 | | of the drug testing
program; and
|
| 19 | | (17) Such other reasonable conditions as the court may |
| 20 | | impose.
|
| 21 | | (c) When a person is charged with an offense under Section |
| 22 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
|
| 23 | | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the |
| 24 | | Criminal Code of 2012, involving a victim who is a
minor under |
| 25 | | 18 years of age living in the same household with the defendant
|
| 26 | | at the time of the offense, in granting bail or releasing the |
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| 1 | | defendant on
his own recognizance, the judge shall impose |
| 2 | | conditions to restrict the
defendant's access to the victim |
| 3 | | which may include, but are not limited to
conditions that he |
| 4 | | will:
|
| 5 | | 1. Vacate the household.
|
| 6 | | 2. Make payment of temporary support to his |
| 7 | | dependents.
|
| 8 | | 3. Refrain from contact or communication with the |
| 9 | | child victim, except
as ordered by the court.
|
| 10 | | (d) When a person is charged with a criminal offense and |
| 11 | | the victim is
a family or household member as defined in |
| 12 | | Article 112A, conditions shall
be imposed at the time of the |
| 13 | | defendant's release on bond that restrict the
defendant's |
| 14 | | access to the victim.
Unless provided otherwise by the court, |
| 15 | | the
restrictions shall include
requirements that the defendant |
| 16 | | do the following:
|
| 17 | | (1) refrain from contact or communication with the |
| 18 | | victim for a
minimum period of 72 hours following the |
| 19 | | defendant's release; and
|
| 20 | | (2) refrain from entering or remaining at the victim's |
| 21 | | residence for a
minimum period of 72 hours following the |
| 22 | | defendant's release.
|
| 23 | | (e) Local law enforcement agencies shall develop |
| 24 | | standardized bond forms
for use in cases involving family or |
| 25 | | household members as defined in
Article 112A, including |
| 26 | | specific conditions of bond as provided in
subsection (d). |
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| 1 | | Failure of any law enforcement department to develop or use
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| 2 | | those forms shall in no way limit the applicability and |
| 3 | | enforcement of
subsections (d) and (f).
|
| 4 | | (f) If the defendant is admitted to bail after conviction |
| 5 | | the
conditions of the bail bond shall be that he will, in |
| 6 | | addition to the
conditions set forth in subsections (a) and |
| 7 | | (b) hereof:
|
| 8 | | (1) Duly prosecute his appeal;
|
| 9 | | (2) Appear at such time and place as the court may |
| 10 | | direct;
|
| 11 | | (3) Not depart this State without leave of the court;
|
| 12 | | (4) Comply with such other reasonable conditions as |
| 13 | | the court may
impose; and
|
| 14 | | (5) If the judgment is affirmed or the cause reversed |
| 15 | | and remanded
for a new trial, forthwith surrender to the |
| 16 | | officer from whose custody
he was bailed.
|
| 17 | | (g) Upon a finding of guilty for any felony offense, the |
| 18 | | defendant shall physically surrender, at a time and place |
| 19 | | designated by the court, all firearms in his or her possession |
| 20 | | to a law enforcement officer designated by the court to take |
| 21 | | custody of and impound the firearms and physically surrender |
| 22 | | his or her Firearm Owner's Identification Card to the law |
| 23 | | enforcement agency as a condition of remaining on bond pending |
| 24 | | sentencing. A defendant whose Firearm Owner's Identification |
| 25 | | Card has been revoked or suspended may petition the court to |
| 26 | | transfer the defendant's firearm to a person who is lawfully |
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| 1 | | able to possess the firearm if the person does not reside at |
| 2 | | the same address as the defendant. Any transfer must be |
| 3 | | conducted under Section 3 of the Firearm Owners Identification |
| 4 | | Card Act. The transferee who receives the defendant's firearms |
| 5 | | must swear or affirm by affidavit that he or she shall not |
| 6 | | transfer the firearm to the defendant or to anyone residing in |
| 7 | | the same residence as the defendant, until the defendant's |
| 8 | | Firearm Owner's Identification Card has been reinstated. The |
| 9 | | law enforcement agency, upon transfer of the firearms, shall |
| 10 | | require the defendant to complete a Firearm Disposition Record |
| 11 | | under Section 9.5 of the Firearm Owners Identification Card |
| 12 | | Act and provide a copy to the Illinois State Police along with |
| 13 | | the defendant's Firearm Owner's Identification Card the |
| 14 | | defendant shall
physically surrender, at a time and place |
| 15 | | designated by the court,
any and all firearms in his or her |
| 16 | | possession and his or her Firearm Owner's
Identification Card |
| 17 | | as a condition of remaining on bond pending sentencing.
|
| 18 | | (h) Upon indictment for any felony offense, the defendant |
| 19 | | shall physically surrender, at a time and place designated by |
| 20 | | the court, all firearms in his or her possession to a law |
| 21 | | enforcement officer designated by the court to take custody of |
| 22 | | and impound the firearms and physically surrender his or her |
| 23 | | Firearm Owner's Identification Card to the law enforcement |
| 24 | | agency as a condition of remaining on bond pending trial. A |
| 25 | | defendant whose Firearm Owner's Identification Card has been |
| 26 | | revoked or suspended may petition the court to transfer the |
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| 1 | | defendant's firearm to a person who is lawfully able to |
| 2 | | possess the firearm if the person does not reside at the same |
| 3 | | address as the defendant. Any transfer must be conducted under |
| 4 | | Section 3 of the Firearm Owners Identification Card Act. The |
| 5 | | transferee who receives the defendant's firearms must swear or |
| 6 | | affirm by affidavit that he or she shall not transfer the |
| 7 | | firearm to the defendant or to anyone residing in the same |
| 8 | | residence as the defendant, until the defendant's Firearm |
| 9 | | Owner's Identification Card has been reinstated. The law |
| 10 | | enforcement agency upon transfer of the firearms shall require |
| 11 | | the defendant to complete a Firearm Disposition Record under |
| 12 | | Section 9.5 of the Firearm Owners Identification Card Act and |
| 13 | | provide a copy to the Illinois State Police along with the |
| 14 | | defendants Firearm Owner's Identification Card. All legally |
| 15 | | possessed firearms shall be returned to the person upon proof |
| 16 | | being provided to the law enforcement agency of the |
| 17 | | reinstatement of the person's Firearm Owner's Identification |
| 18 | | Card. |
| 19 | | (i) (h) In the event the defendant is unable to post bond, |
| 20 | | the court may impose a no contact provision with the victim or |
| 21 | | other interested party that shall be enforced while the |
| 22 | | defendant remains in custody. |
| 23 | | (Source: P.A. 101-138, eff. 1-1-20.)
|
| 24 | | Section 40. The Unified Code of Corrections is amended by |
| 25 | | changing Section 5-6-3 as follows:
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| 1 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
| 2 | | Sec. 5-6-3. Conditions of probation and of conditional |
| 3 | | discharge.
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| 4 | | (a) The conditions of probation and of conditional |
| 5 | | discharge shall be
that the person:
|
| 6 | | (1) not violate any criminal statute of any |
| 7 | | jurisdiction;
|
| 8 | | (2) report to or appear in person before such person |
| 9 | | or agency as
directed by the court;
|
| 10 | | (3) refrain from possessing a firearm or other |
| 11 | | dangerous weapon where the offense is a felony or, if a |
| 12 | | misdemeanor, the offense involved the intentional or |
| 13 | | knowing infliction of bodily harm or threat of bodily |
| 14 | | harm;
|
| 15 | | (4) not leave the State without the consent of the |
| 16 | | court or, in
circumstances in which the reason for the |
| 17 | | absence is of such an emergency
nature that prior consent |
| 18 | | by the court is not possible, without the prior
|
| 19 | | notification and approval of the person's probation
|
| 20 | | officer. Transfer of a person's probation or conditional |
| 21 | | discharge
supervision to another state is subject to |
| 22 | | acceptance by the other state
pursuant to the Interstate |
| 23 | | Compact for Adult Offender Supervision;
|
| 24 | | (5) permit the probation officer to visit
him at his |
| 25 | | home or elsewhere
to the extent necessary to discharge his |
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| 1 | | duties;
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| 2 | | (6) perform no less than 30 hours of community service |
| 3 | | and not more than
120 hours of community service, if |
| 4 | | community service is available in the
jurisdiction and is |
| 5 | | funded and approved by the county board where the offense
|
| 6 | | was committed, where the offense was related to or in |
| 7 | | furtherance of the
criminal activities of an organized |
| 8 | | gang and was motivated by the offender's
membership in or |
| 9 | | allegiance to an organized gang. The community service |
| 10 | | shall
include, but not be limited to, the cleanup and |
| 11 | | repair of any damage caused by
a violation of Section |
| 12 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
| 13 | | 2012 and similar damage
to property located within the |
| 14 | | municipality or county in which the violation
occurred. |
| 15 | | When possible and reasonable, the community service should |
| 16 | | be
performed in the offender's neighborhood. For purposes |
| 17 | | of this Section,
"organized gang" has the meaning ascribed |
| 18 | | to it in Section 10 of the Illinois
Streetgang Terrorism |
| 19 | | Omnibus Prevention Act. The court may give credit toward |
| 20 | | the fulfillment of community service hours for |
| 21 | | participation in activities and treatment as determined by |
| 22 | | court services;
|
| 23 | | (7) if he or she is at least 17 years of age and has |
| 24 | | been sentenced to
probation or conditional discharge for a |
| 25 | | misdemeanor or felony in a county of
3,000,000 or more |
| 26 | | inhabitants and has not been previously convicted of a
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| 1 | | misdemeanor or felony, may be required by the sentencing |
| 2 | | court to attend
educational courses designed to prepare |
| 3 | | the defendant for a high school diploma
and to work toward |
| 4 | | a high school diploma or to work toward passing high |
| 5 | | school equivalency testing or to work toward
completing a |
| 6 | | vocational training program approved by the court. The |
| 7 | | person on
probation or conditional discharge must attend a |
| 8 | | public institution of
education to obtain the educational |
| 9 | | or vocational training required by this paragraph
(7). The |
| 10 | | court shall revoke the probation or conditional discharge |
| 11 | | of a
person who wilfully fails to comply with this |
| 12 | | paragraph (7). The person on
probation or conditional |
| 13 | | discharge shall be required to pay for the cost of the
|
| 14 | | educational courses or high school equivalency testing if |
| 15 | | a fee is charged for those courses or testing. The court |
| 16 | | shall resentence the offender whose probation or |
| 17 | | conditional
discharge has been revoked as provided in |
| 18 | | Section 5-6-4. This paragraph (7) does
not apply to a |
| 19 | | person who has a high school diploma or has successfully |
| 20 | | passed high school equivalency testing. This paragraph (7) |
| 21 | | does not apply to a person who is determined by
the court |
| 22 | | to be a person with a developmental disability or |
| 23 | | otherwise mentally incapable of
completing the educational |
| 24 | | or vocational program;
|
| 25 | | (8) if convicted of possession of a substance |
| 26 | | prohibited
by the Cannabis Control Act, the Illinois |
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| 1 | | Controlled Substances Act, or the Methamphetamine Control |
| 2 | | and Community Protection Act
after a previous conviction |
| 3 | | or disposition of supervision for possession of a
|
| 4 | | substance prohibited by the Cannabis Control Act or |
| 5 | | Illinois Controlled
Substances Act or after a sentence of |
| 6 | | probation under Section 10 of the
Cannabis
Control Act, |
| 7 | | Section 410 of the Illinois Controlled Substances Act, or |
| 8 | | Section 70 of the Methamphetamine Control and Community |
| 9 | | Protection Act and upon a
finding by the court that the |
| 10 | | person is addicted, undergo treatment at a
substance abuse |
| 11 | | program approved by the court;
|
| 12 | | (8.5) if convicted of a felony sex offense as defined |
| 13 | | in the Sex
Offender
Management Board Act, the person shall |
| 14 | | undergo and successfully complete sex
offender treatment |
| 15 | | by a treatment provider approved by the Board and |
| 16 | | conducted
in conformance with the standards developed |
| 17 | | under the Sex
Offender Management Board Act;
|
| 18 | | (8.6) if convicted of a sex offense as defined in the |
| 19 | | Sex Offender Management Board Act, refrain from residing |
| 20 | | at the same address or in the same condominium unit or |
| 21 | | apartment unit or in the same condominium complex or |
| 22 | | apartment complex with another person he or she knows or |
| 23 | | reasonably should know is a convicted sex offender or has |
| 24 | | been placed on supervision for a sex offense; the |
| 25 | | provisions of this paragraph do not apply to a person |
| 26 | | convicted of a sex offense who is placed in a Department of |
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| 1 | | Corrections licensed transitional housing facility for sex |
| 2 | | offenders; |
| 3 | | (8.7) if convicted for an offense committed on or |
| 4 | | after June 1, 2008 (the effective date of Public Act |
| 5 | | 95-464) that would qualify the accused as a child sex |
| 6 | | offender as defined in Section 11-9.3 or 11-9.4 of the |
| 7 | | Criminal Code of 1961 or the Criminal Code of 2012, |
| 8 | | refrain from communicating with or contacting, by means of |
| 9 | | the Internet, a person who is not related to the accused |
| 10 | | and whom the accused reasonably believes to be under 18 |
| 11 | | years of age; for purposes of this paragraph (8.7), |
| 12 | | "Internet" has the meaning ascribed to it in Section |
| 13 | | 16-0.1 of the Criminal Code of 2012; and a person is not |
| 14 | | related to the accused if the person is not: (i) the |
| 15 | | spouse, brother, or sister of the accused; (ii) a |
| 16 | | descendant of the accused; (iii) a first or second cousin |
| 17 | | of the accused; or (iv) a step-child or adopted child of |
| 18 | | the accused; |
| 19 | | (8.8) if convicted for an offense under Section 11-6, |
| 20 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile |
| 21 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
| 22 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
| 23 | | or any attempt to commit any of these offenses, committed |
| 24 | | on or after June 1, 2009 (the effective date of Public Act |
| 25 | | 95-983): |
| 26 | | (i) not access or use a computer or any other |
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| 1 | | device with Internet capability without the prior |
| 2 | | written approval of the offender's probation officer, |
| 3 | | except in connection with the offender's employment or |
| 4 | | search for employment with the prior approval of the |
| 5 | | offender's probation officer; |
| 6 | | (ii) submit to periodic unannounced examinations |
| 7 | | of the offender's computer or any other device with |
| 8 | | Internet capability by the offender's probation |
| 9 | | officer, a law enforcement officer, or assigned |
| 10 | | computer or information technology specialist, |
| 11 | | including the retrieval and copying of all data from |
| 12 | | the computer or device and any internal or external |
| 13 | | peripherals and removal of such information, |
| 14 | | equipment, or device to conduct a more thorough |
| 15 | | inspection; |
| 16 | | (iii) submit to the installation on the offender's |
| 17 | | computer or device with Internet capability, at the |
| 18 | | offender's expense, of one or more hardware or |
| 19 | | software systems to monitor the Internet use; and |
| 20 | | (iv) submit to any other appropriate restrictions |
| 21 | | concerning the offender's use of or access to a |
| 22 | | computer or any other device with Internet capability |
| 23 | | imposed by the offender's probation officer; |
| 24 | | (8.9) if convicted of a sex offense as defined in the |
| 25 | | Sex Offender
Registration Act committed on or after |
| 26 | | January 1, 2010 (the effective date of Public Act 96-262), |
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| 1 | | refrain from accessing or using a social networking |
| 2 | | website as defined in Section 17-0.5 of the Criminal Code |
| 3 | | of 2012;
|
| 4 | | (9) if convicted of a felony or of any misdemeanor |
| 5 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or |
| 6 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of |
| 7 | | 2012 that was determined, pursuant to Section 112A-11.1 of |
| 8 | | the Code of Criminal Procedure of 1963, to trigger the |
| 9 | | prohibitions of 18 U.S.C. 922(g)(9), the defendant shall |
| 10 | | physically surrender, at a time and place designated by |
| 11 | | the court, all firearms in his or her possession to a law |
| 12 | | enforcement officer designated by the court to take |
| 13 | | custody of and impound the firearms and physically |
| 14 | | surrender his or her Firearm Owner's Identification Card |
| 15 | | to the law enforcement agency as a condition of remaining |
| 16 | | on bond pending sentencing. A defendant whose Firearm |
| 17 | | Owner's Identification Card has been revoked or suspended |
| 18 | | may petition the court to transfer the defendant's firearm |
| 19 | | to a person who is lawfully able to possess the firearm if |
| 20 | | the person does not reside at the same address as the |
| 21 | | defendant. Any transfer must be conducted under Section 3 |
| 22 | | of the Firearm Owners Identification Card Act. The |
| 23 | | transferee who receives the defendant's firearms must |
| 24 | | swear or affirm by affidavit that he or she shall not |
| 25 | | transfer the firearm to the defendant or to anyone |
| 26 | | residing in the same residence as the defendant, until the |
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| 1 | | defendant's Firearm Owner's Identification Card has been |
| 2 | | reinstated. The law enforcement agency, upon transfer of |
| 3 | | the firearms, shall require the defendant to complete a |
| 4 | | Firearm Disposition Record under Section 9.5 of the |
| 5 | | Firearm Owner's Identification Card Act and provide a copy |
| 6 | | to the Illinois State Police along with the defendants |
| 7 | | Firearm Owner's Identification Card physically surrender |
| 8 | | at a time and place
designated by the court, his or her |
| 9 | | Firearm
Owner's Identification Card and
any and all |
| 10 | | firearms in
his or her possession. The Court shall return |
| 11 | | to the Department of State Police Firearm Owner's |
| 12 | | Identification Card Office the person's Firearm Owner's |
| 13 | | Identification Card;
|
| 14 | | (10) if convicted of a sex offense as defined in |
| 15 | | subsection (a-5) of Section 3-1-2 of this Code, unless the |
| 16 | | offender is a parent or guardian of the person under 18 |
| 17 | | years of age present in the home and no non-familial |
| 18 | | minors are present, not participate in a holiday event |
| 19 | | involving children under 18 years of age, such as |
| 20 | | distributing candy or other items to children on |
| 21 | | Halloween, wearing a Santa Claus costume on or preceding |
| 22 | | Christmas, being employed as a department store Santa |
| 23 | | Claus, or wearing an Easter Bunny costume on or preceding |
| 24 | | Easter; |
| 25 | | (11) if convicted of a sex offense as defined in |
| 26 | | Section 2 of the Sex Offender Registration Act committed |
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| 1 | | on or after January 1, 2010 (the effective date of Public |
| 2 | | Act 96-362) that requires the person to register as a sex |
| 3 | | offender under that Act, may not knowingly use any |
| 4 | | computer scrub software on any computer that the sex |
| 5 | | offender uses; |
| 6 | | (12) if convicted of a violation of the |
| 7 | | Methamphetamine Control and Community Protection Act, the |
| 8 | | Methamphetamine
Precursor Control Act, or a |
| 9 | | methamphetamine related offense: |
| 10 | | (A) prohibited from purchasing, possessing, or |
| 11 | | having under his or her control any product containing |
| 12 | | pseudoephedrine unless prescribed by a physician; and |
| 13 | | (B) prohibited from purchasing, possessing, or |
| 14 | | having under his or her control any product containing |
| 15 | | ammonium nitrate; and |
| 16 | | (13) if convicted of a hate crime involving the |
| 17 | | protected class identified in subsection (a) of Section |
| 18 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the |
| 19 | | offense the offender committed, perform public or |
| 20 | | community service of no less than 200 hours and enroll in |
| 21 | | an educational program discouraging hate crimes that |
| 22 | | includes racial, ethnic, and cultural sensitivity training |
| 23 | | ordered by the court; . |
| 24 | | (14) if convicted of a felony, the defendant shall |
| 25 | | physically surrender, at a time and place designated by |
| 26 | | the court, all firearms in his or her possession to a law |
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| 1 | | enforcement officer designated by the court to take |
| 2 | | custody of and impound the firearms and physically |
| 3 | | surrender his or her Firearm Owner's Identification Card |
| 4 | | to the law enforcement agency as a condition of remaining |
| 5 | | on bond pending sentencing. A defendant whose Firearm |
| 6 | | Owner's Identification Card has been revoked or suspended |
| 7 | | may petition the court to transfer the defendant's firearm |
| 8 | | to a person who is lawfully able to possess the firearm if |
| 9 | | the person does not reside at the same address as the |
| 10 | | defendant. Any transfer must be conducted under Section 3 |
| 11 | | of the Firearm Owners Identification Card Act. The |
| 12 | | transferee who receives the defendant's firearms must |
| 13 | | swear or affirm by affidavit that he or she shall not |
| 14 | | transfer the firearm to the defendant or to anyone |
| 15 | | residing in the same residence as the defendant, until the |
| 16 | | defendant's Firearm Owner's Identification Card has been |
| 17 | | reinstated. The law enforcement agency, upon transfer of |
| 18 | | the firearms, shall require the defendant to complete a |
| 19 | | Firearm Disposition Record under Section 9.5 of the |
| 20 | | Firearm Owners Identification Card Act and provide a copy |
| 21 | | to the Illinois State Police along with the defendants |
| 22 | | Firearm Owner's Identification Card; and |
| 23 | | (15) if the person is under 21 years of age and has |
| 24 | | been convicted of a misdemeanor offense other than a |
| 25 | | traffic offense, the defendant shall physically surrender, |
| 26 | | at a time and place designated by the court, all firearms |
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| 1 | | in his or her possession to a law enforcement officer |
| 2 | | designated by the court to take custody of and impound the |
| 3 | | firearms and physically surrender his or her Firearm |
| 4 | | Owner's Identification Card to the law enforcement agency |
| 5 | | as a condition of remaining on bond pending sentencing. A |
| 6 | | defendant whose Firearm Owner's Identification Card has |
| 7 | | been revoked or suspended may petition the court to |
| 8 | | transfer the defendant's firearm to a person who is |
| 9 | | lawfully able to possess the firearm if the person does |
| 10 | | not reside at the same address as the defendant. Any |
| 11 | | transfer must be conducted under Section 3 of the Firearm |
| 12 | | Owners Identification Card Act. The transferee who |
| 13 | | receives the defendant's firearms must swear or affirm by |
| 14 | | affidavit that he or she shall not transfer the firearm to |
| 15 | | the defendant or to anyone residing in the same residence |
| 16 | | as the defendant, until the defendant's Firearm Owner's |
| 17 | | Identification Card has been reinstated. The law |
| 18 | | enforcement agency, upon transfer of the firearms, shall |
| 19 | | require the defendant to complete a Firearm Disposition |
| 20 | | Record under Section 9.5 of the Firearm Owners |
| 21 | | Identification Card Act and provide a copy to the Illinois |
| 22 | | State Police along with the defendants Firearm Owner's |
| 23 | | Identification Card. |
| 24 | | (b) The Court may in addition to other reasonable |
| 25 | | conditions relating to the
nature of the offense or the |
| 26 | | rehabilitation of the defendant as determined for
each |
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| 1 | | defendant in the proper discretion of the Court require that |
| 2 | | the person:
|
| 3 | | (1) serve a term of periodic imprisonment under |
| 4 | | Article 7 for a
period not to exceed that specified in |
| 5 | | paragraph (d) of Section 5-7-1;
|
| 6 | | (2) pay a fine and costs;
|
| 7 | | (3) work or pursue a course of study or vocational |
| 8 | | training;
|
| 9 | | (4) undergo medical, psychological or psychiatric |
| 10 | | treatment; or treatment
for drug addiction or alcoholism;
|
| 11 | | (5) attend or reside in a facility established for the |
| 12 | | instruction
or residence of defendants on probation;
|
| 13 | | (6) support his dependents;
|
| 14 | | (7) and in addition, if a minor:
|
| 15 | | (i) reside with his parents or in a foster home;
|
| 16 | | (ii) attend school;
|
| 17 | | (iii) attend a non-residential program for youth;
|
| 18 | | (iv) contribute to his own support at home or in a |
| 19 | | foster home;
|
| 20 | | (v) with the consent of the superintendent of the
|
| 21 | | facility, attend an educational program at a facility |
| 22 | | other than the school
in which the
offense was |
| 23 | | committed if he
or she is convicted of a crime of |
| 24 | | violence as
defined in
Section 2 of the Crime Victims |
| 25 | | Compensation Act committed in a school, on the
real
|
| 26 | | property
comprising a school, or within 1,000 feet of |
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| 1 | | the real property comprising a
school;
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| 2 | | (8) make restitution as provided in Section 5-5-6 of |
| 3 | | this Code;
|
| 4 | | (9) perform some reasonable public or community |
| 5 | | service;
|
| 6 | | (10) serve a term of home confinement. In addition to |
| 7 | | any other
applicable condition of probation or conditional |
| 8 | | discharge, the
conditions of home confinement shall be |
| 9 | | that the offender:
|
| 10 | | (i) remain within the interior premises of the |
| 11 | | place designated for
his confinement during the hours |
| 12 | | designated by the court;
|
| 13 | | (ii) admit any person or agent designated by the |
| 14 | | court into the
offender's place of confinement at any |
| 15 | | time for purposes of verifying
the offender's |
| 16 | | compliance with the conditions of his confinement; and
|
| 17 | | (iii) if further deemed necessary by the court or |
| 18 | | the
Probation or
Court Services Department, be placed |
| 19 | | on an approved
electronic monitoring device, subject |
| 20 | | to Article 8A of Chapter V;
|
| 21 | | (iv) for persons convicted of any alcohol, |
| 22 | | cannabis or controlled
substance violation who are |
| 23 | | placed on an approved monitoring device as a
condition |
| 24 | | of probation or conditional discharge, the court shall |
| 25 | | impose a
reasonable fee for each day of the use of the |
| 26 | | device, as established by the
county board in |
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| 1 | | subsection (g) of this Section, unless after |
| 2 | | determining the
inability of the offender to pay the |
| 3 | | fee, the court assesses a lesser fee or no
fee as the |
| 4 | | case may be. This fee shall be imposed in addition to |
| 5 | | the fees
imposed under subsections (g) and (i) of this |
| 6 | | Section. The fee shall be
collected by the clerk of the |
| 7 | | circuit court, except as provided in an administrative |
| 8 | | order of the Chief Judge of the circuit court. The |
| 9 | | clerk of the circuit
court shall pay all monies |
| 10 | | collected from this fee to the county treasurer
for |
| 11 | | deposit in the substance abuse services fund under |
| 12 | | Section 5-1086.1 of
the Counties Code, except as |
| 13 | | provided in an administrative order of the Chief Judge |
| 14 | | of the circuit court. |
| 15 | | The Chief Judge of the circuit court of the county |
| 16 | | may by administrative order establish a program for |
| 17 | | electronic monitoring of offenders, in which a vendor |
| 18 | | supplies and monitors the operation of the electronic |
| 19 | | monitoring device, and collects the fees on behalf of |
| 20 | | the county. The program shall include provisions for |
| 21 | | indigent offenders and the collection of unpaid fees. |
| 22 | | The program shall not unduly burden the offender and |
| 23 | | shall be subject to review by the Chief Judge. |
| 24 | | The Chief Judge of the circuit court may suspend |
| 25 | | any additional charges or fees for late payment, |
| 26 | | interest, or damage to any device; and
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| 1 | | (v) for persons convicted of offenses other than |
| 2 | | those referenced in
clause (iv) above and who are |
| 3 | | placed on an approved monitoring device as a
condition |
| 4 | | of probation or conditional discharge, the court shall |
| 5 | | impose
a reasonable fee for each day of the use of the |
| 6 | | device, as established by the
county board in |
| 7 | | subsection (g) of this Section, unless after |
| 8 | | determining the
inability of the defendant to pay the |
| 9 | | fee, the court assesses a lesser fee or
no fee as the |
| 10 | | case may be. This fee shall be imposed in addition to |
| 11 | | the fees
imposed under subsections (g) and (i) of this |
| 12 | | Section. The fee
shall be collected by the clerk of the |
| 13 | | circuit court, except as provided in an administrative |
| 14 | | order of the Chief Judge of the circuit court. The |
| 15 | | clerk of the circuit
court shall pay all monies |
| 16 | | collected from this fee
to the county treasurer who |
| 17 | | shall use the monies collected to defray the
costs of |
| 18 | | corrections. The county treasurer shall deposit the |
| 19 | | fee
collected in the probation and court services |
| 20 | | fund.
The Chief Judge of the circuit court of the |
| 21 | | county may by administrative order establish a program |
| 22 | | for electronic monitoring of offenders, in which a |
| 23 | | vendor supplies and monitors the operation of the |
| 24 | | electronic monitoring device, and collects the fees on |
| 25 | | behalf of the county. The program shall include |
| 26 | | provisions for indigent offenders and the collection |
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| 1 | | of unpaid fees. The program shall not unduly burden |
| 2 | | the offender and shall be subject to review by the |
| 3 | | Chief Judge.
|
| 4 | | The Chief Judge of the circuit court may suspend |
| 5 | | any additional charges or fees for late payment, |
| 6 | | interest, or damage to any device. |
| 7 | | (11) comply with the terms and conditions of an order |
| 8 | | of protection issued
by the court pursuant to the Illinois |
| 9 | | Domestic Violence Act of 1986,
as now or hereafter |
| 10 | | amended, or an order of protection issued by the court of
|
| 11 | | another state, tribe, or United States territory. A copy |
| 12 | | of the order of
protection shall be
transmitted to the |
| 13 | | probation officer or agency
having responsibility for the |
| 14 | | case;
|
| 15 | | (12) reimburse any "local anti-crime program" as |
| 16 | | defined in Section 7
of the Anti-Crime Advisory Council |
| 17 | | Act for any reasonable expenses incurred
by the program on |
| 18 | | the offender's case, not to exceed the maximum amount of
|
| 19 | | the fine authorized for the offense for which the |
| 20 | | defendant was sentenced;
|
| 21 | | (13) contribute a reasonable sum of money, not to |
| 22 | | exceed the maximum
amount of the fine authorized for the
|
| 23 | | offense for which the defendant was sentenced, (i) to a |
| 24 | | "local anti-crime
program", as defined in Section 7 of the |
| 25 | | Anti-Crime Advisory Council Act, or (ii) for offenses |
| 26 | | under the jurisdiction of the Department of Natural |
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| 1 | | Resources, to the fund established by the Department of |
| 2 | | Natural Resources for the purchase of evidence for |
| 3 | | investigation purposes and to conduct investigations as |
| 4 | | outlined in Section 805-105 of the Department of Natural |
| 5 | | Resources (Conservation) Law;
|
| 6 | | (14) refrain from entering into a designated |
| 7 | | geographic area except upon
such terms as the court finds |
| 8 | | appropriate. Such terms may include
consideration of the |
| 9 | | purpose of the entry, the time of day, other persons
|
| 10 | | accompanying the defendant, and advance approval by a
|
| 11 | | probation officer, if
the defendant has been placed on |
| 12 | | probation or advance approval by the
court, if the |
| 13 | | defendant was placed on conditional discharge;
|
| 14 | | (15) refrain from having any contact, directly or |
| 15 | | indirectly, with
certain specified persons or particular |
| 16 | | types of persons, including but not
limited to members of |
| 17 | | street gangs and drug users or dealers;
|
| 18 | | (16) refrain from having in his or her body the |
| 19 | | presence of any illicit
drug prohibited by the Cannabis |
| 20 | | Control Act, the Illinois Controlled
Substances Act, or |
| 21 | | the Methamphetamine Control and Community Protection Act, |
| 22 | | unless prescribed by a physician, and submit samples of
|
| 23 | | his or her blood or urine or both for tests to determine |
| 24 | | the presence of any
illicit drug;
|
| 25 | | (17) if convicted for an offense committed on or after |
| 26 | | June 1, 2008 (the effective date of Public Act 95-464) |
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| 1 | | that would qualify the accused as a child sex offender as |
| 2 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code |
| 3 | | of 1961 or the Criminal Code of 2012, refrain from |
| 4 | | communicating with or contacting, by means of the |
| 5 | | Internet, a person who is related to the accused and whom |
| 6 | | the accused reasonably believes to be under 18 years of |
| 7 | | age; for purposes of this paragraph (17), "Internet" has |
| 8 | | the meaning ascribed to it in Section 16-0.1 of the |
| 9 | | Criminal Code of 2012; and a person is related to the |
| 10 | | accused if the person is: (i) the spouse, brother, or |
| 11 | | sister of the accused; (ii) a descendant of the accused; |
| 12 | | (iii) a first or second cousin of the accused; or (iv) a |
| 13 | | step-child or adopted child of the accused; |
| 14 | | (18) if convicted for an offense committed on or after |
| 15 | | June 1, 2009 (the effective date of Public Act 95-983) |
| 16 | | that would qualify as a sex offense as defined in the Sex |
| 17 | | Offender Registration Act: |
| 18 | | (i) not access or use a computer or any other |
| 19 | | device with Internet capability without the prior |
| 20 | | written approval of the offender's probation officer, |
| 21 | | except in connection with the offender's employment or |
| 22 | | search for employment with the prior approval of the |
| 23 | | offender's probation officer; |
| 24 | | (ii) submit to periodic unannounced examinations |
| 25 | | of the offender's computer or any other device with |
| 26 | | Internet capability by the offender's probation |
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| 1 | | officer, a law enforcement officer, or assigned |
| 2 | | computer or information technology specialist, |
| 3 | | including the retrieval and copying of all data from |
| 4 | | the computer or device and any internal or external |
| 5 | | peripherals and removal of such information, |
| 6 | | equipment, or device to conduct a more thorough |
| 7 | | inspection; |
| 8 | | (iii) submit to the installation on the offender's |
| 9 | | computer or device with Internet capability, at the |
| 10 | | subject's expense, of one or more hardware or software |
| 11 | | systems to monitor the Internet use; and |
| 12 | | (iv) submit to any other appropriate restrictions |
| 13 | | concerning the offender's use of or access to a |
| 14 | | computer or any other device with Internet capability |
| 15 | | imposed by the offender's probation officer; and |
| 16 | | (19) refrain from possessing a firearm or other |
| 17 | | dangerous weapon where the offense is a misdemeanor that |
| 18 | | did not involve the intentional or knowing infliction of |
| 19 | | bodily harm or threat of bodily harm. |
| 20 | | (c) The court may as a condition of probation or of |
| 21 | | conditional
discharge require that a person under 18 years of |
| 22 | | age found guilty of any
alcohol, cannabis or controlled |
| 23 | | substance violation, refrain from acquiring
a driver's license |
| 24 | | during
the period of probation or conditional discharge. If |
| 25 | | such person
is in possession of a permit or license, the court |
| 26 | | may require that
the minor refrain from driving or operating |
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| 1 | | any motor vehicle during the
period of probation or |
| 2 | | conditional discharge, except as may be necessary in
the |
| 3 | | course of the minor's lawful employment.
|
| 4 | | (d) An offender sentenced to probation or to conditional |
| 5 | | discharge
shall be given a certificate setting forth the |
| 6 | | conditions thereof.
|
| 7 | | (e) Except where the offender has committed a fourth or |
| 8 | | subsequent
violation of subsection (c) of Section 6-303 of the |
| 9 | | Illinois Vehicle Code,
the court shall not require as a |
| 10 | | condition of the sentence of
probation or conditional |
| 11 | | discharge that the offender be committed to a
period of |
| 12 | | imprisonment in excess of 6 months.
This 6-month limit shall |
| 13 | | not include periods of confinement given pursuant to
a |
| 14 | | sentence of county impact incarceration under Section 5-8-1.2.
|
| 15 | | Persons committed to imprisonment as a condition of |
| 16 | | probation or
conditional discharge shall not be committed to |
| 17 | | the Department of
Corrections.
|
| 18 | | (f) The court may combine a sentence of periodic |
| 19 | | imprisonment under
Article 7 or a sentence to a county impact |
| 20 | | incarceration program under
Article 8 with a sentence of |
| 21 | | probation or conditional discharge.
|
| 22 | | (g) An offender sentenced to probation or to conditional |
| 23 | | discharge and
who during the term of either undergoes |
| 24 | | mandatory drug or alcohol testing,
or both, or is assigned to |
| 25 | | be placed on an approved electronic monitoring
device, shall |
| 26 | | be ordered to pay all costs incidental to such mandatory drug
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| 1 | | or alcohol testing, or both, and all costs
incidental to such |
| 2 | | approved electronic monitoring in accordance with the
|
| 3 | | defendant's ability to pay those costs. The county board with
|
| 4 | | the concurrence of the Chief Judge of the judicial
circuit in |
| 5 | | which the county is located shall establish reasonable fees |
| 6 | | for
the cost of maintenance, testing, and incidental expenses |
| 7 | | related to the
mandatory drug or alcohol testing, or both, and |
| 8 | | all costs incidental to
approved electronic monitoring, |
| 9 | | involved in a successful probation program
for the county. The |
| 10 | | concurrence of the Chief Judge shall be in the form of
an |
| 11 | | administrative order.
The fees shall be collected by the clerk |
| 12 | | of the circuit court, except as provided in an administrative |
| 13 | | order of the Chief Judge of the circuit court. The clerk of
the |
| 14 | | circuit court shall pay all moneys collected from these fees |
| 15 | | to the county
treasurer who shall use the moneys collected to |
| 16 | | defray the costs of
drug testing, alcohol testing, and |
| 17 | | electronic monitoring.
The county treasurer shall deposit the |
| 18 | | fees collected in the
county working cash fund under Section |
| 19 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case |
| 20 | | may be.
The Chief Judge of the circuit court of the county may |
| 21 | | by administrative order establish a program for electronic |
| 22 | | monitoring of offenders, in which a vendor supplies and |
| 23 | | monitors the operation of the electronic monitoring device, |
| 24 | | and collects the fees on behalf of the county. The program |
| 25 | | shall include provisions for indigent offenders and the |
| 26 | | collection of unpaid fees. The program shall not unduly burden |
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| 1 | | the offender and shall be subject to review by the Chief Judge.
|
| 2 | | The Chief Judge of the circuit court may suspend any |
| 3 | | additional charges or fees for late payment, interest, or |
| 4 | | damage to any device. |
| 5 | | (h) Jurisdiction over an offender may be transferred from |
| 6 | | the
sentencing court to the court of another circuit with the |
| 7 | | concurrence of
both courts. Further transfers or retransfers |
| 8 | | of
jurisdiction are also
authorized in the same manner. The |
| 9 | | court to which jurisdiction has been
transferred shall have |
| 10 | | the same powers as the sentencing court.
The probation |
| 11 | | department within the circuit to which jurisdiction has been |
| 12 | | transferred, or which has agreed to provide supervision, may |
| 13 | | impose probation fees upon receiving the transferred offender, |
| 14 | | as provided in subsection (i). For all transfer cases, as |
| 15 | | defined in Section 9b of the Probation and Probation Officers |
| 16 | | Act, the probation department from the original sentencing |
| 17 | | court shall retain all probation fees collected prior to the |
| 18 | | transfer. After the transfer,
all probation fees shall be paid |
| 19 | | to the probation department within the
circuit to which |
| 20 | | jurisdiction has been transferred.
|
| 21 | | (i) The court shall impose upon an offender
sentenced to |
| 22 | | probation after January 1, 1989 or to conditional discharge
|
| 23 | | after January 1, 1992 or to community service under the |
| 24 | | supervision of a
probation or court services department after |
| 25 | | January 1, 2004, as a condition of such probation or |
| 26 | | conditional
discharge or supervised community service, a fee |
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| 1 | | of $50
for each month of probation or
conditional
discharge |
| 2 | | supervision or supervised community service ordered by the |
| 3 | | court, unless after
determining the inability of the person |
| 4 | | sentenced to probation or conditional
discharge or supervised |
| 5 | | community service to pay the
fee, the court assesses a lesser |
| 6 | | fee. The court may not impose the fee on a
minor who is placed |
| 7 | | in the guardianship or custody of the Department of Children |
| 8 | | and Family Services under the Juvenile Court Act of 1987
while |
| 9 | | the minor is in placement.
The fee shall be imposed only upon
|
| 10 | | an offender who is actively supervised by the
probation and |
| 11 | | court services
department. The fee shall be collected by the |
| 12 | | clerk
of the circuit court. The clerk of the circuit court |
| 13 | | shall pay all monies
collected from this fee to the county |
| 14 | | treasurer for deposit in the
probation and court services fund |
| 15 | | under Section 15.1 of the
Probation and Probation Officers |
| 16 | | Act.
|
| 17 | | A circuit court may not impose a probation fee under this |
| 18 | | subsection (i) in excess of $25
per month unless the circuit |
| 19 | | court has adopted, by administrative
order issued by the chief |
| 20 | | judge, a standard probation fee guide
determining an |
| 21 | | offender's ability to pay. Of the
amount collected as a |
| 22 | | probation fee, up to $5 of that fee
collected per month may be |
| 23 | | used to provide services to crime victims
and their families. |
| 24 | | The Court may only waive probation fees based on an |
| 25 | | offender's ability to pay. The probation department may |
| 26 | | re-evaluate an offender's ability to pay every 6 months, and, |
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| 1 | | with the approval of the Director of Court Services or the |
| 2 | | Chief Probation Officer, adjust the monthly fee amount. An |
| 3 | | offender may elect to pay probation fees due in a lump sum.
Any |
| 4 | | offender that has been assigned to the supervision of a |
| 5 | | probation department, or has been transferred either under |
| 6 | | subsection (h) of this Section or under any interstate |
| 7 | | compact, shall be required to pay probation fees to the |
| 8 | | department supervising the offender, based on the offender's |
| 9 | | ability to pay.
|
| 10 | | Public Act 93-970 deletes the $10 increase in the fee |
| 11 | | under this subsection that was imposed by Public Act 93-616. |
| 12 | | This deletion is intended to control over any other Act of the |
| 13 | | 93rd General Assembly that retains or incorporates that fee |
| 14 | | increase. |
| 15 | | (i-5) In addition to the fees imposed under subsection (i) |
| 16 | | of this Section, in the case of an offender convicted of a |
| 17 | | felony sex offense (as defined in the Sex Offender Management |
| 18 | | Board Act) or an offense that the court or probation |
| 19 | | department has determined to be sexually motivated (as defined |
| 20 | | in the Sex Offender Management Board Act), the court or the |
| 21 | | probation department shall assess additional fees to pay for |
| 22 | | all costs of treatment, assessment, evaluation for risk and |
| 23 | | treatment, and monitoring the offender, based on that |
| 24 | | offender's ability to pay those costs either as they occur or |
| 25 | | under a payment plan. |
| 26 | | (j) All fines and costs imposed under this Section for any |
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| 1 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
| 2 | | Code, or a similar
provision of a local ordinance, and any |
| 3 | | violation of the Child Passenger
Protection Act, or a similar |
| 4 | | provision of a local ordinance, shall be
collected and |
| 5 | | disbursed by the circuit clerk as provided under the Criminal |
| 6 | | and Traffic Assessment Act.
|
| 7 | | (k) Any offender who is sentenced to probation or |
| 8 | | conditional discharge for a felony sex offense as defined in |
| 9 | | the Sex Offender Management Board Act or any offense that the |
| 10 | | court or probation department has determined to be sexually |
| 11 | | motivated as defined in the Sex Offender Management Board Act |
| 12 | | shall be required to refrain from any contact, directly or |
| 13 | | indirectly, with any persons specified by the court and shall |
| 14 | | be available for all evaluations and treatment programs |
| 15 | | required by the court or the probation department.
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| 16 | | (l) The court may order an offender who is sentenced to |
| 17 | | probation or conditional
discharge for a violation of an order |
| 18 | | of protection be placed under electronic surveillance as |
| 19 | | provided in Section 5-8A-7 of this Code. |
| 20 | | (Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; |
| 21 | | 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. |
| 22 | | 1-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)
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| 23 | | Section 99. Effective date. This Act takes effect upon |
| 24 | | becoming law. |
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INDEX
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Statutes amended in order of appearance
| | | 3 | | 5 ILCS 140/7.5 | | | | 4 | | 20 ILCS 2605/2605-304 new | | | | 5 | | 20 ILCS 2605/2605-605 | | | | 6 | | 30 ILCS 105/5.935 new | | | | 7 | | 30 ILCS 105/6z-99 | | | | 8 | | 30 ILCS 105/6z-124 new | | | | 9 | | 430 ILCS 65/1.1 | from Ch. 38, par. 83-1.1 | | | 10 | | 430 ILCS 65/3 | from Ch. 38, par. 83-3 | | | 11 | | 430 ILCS 65/3a | from Ch. 38, par. 83-3a | | | 12 | | 430 ILCS 65/3.1 | from Ch. 38, par. 83-3.1 | | | 13 | | 430 ILCS 65/4 | from Ch. 38, par. 83-4 | | | 14 | | 430 ILCS 65/5 | from Ch. 38, par. 83-5 | | | 15 | | 430 ILCS 65/7 | from Ch. 38, par. 83-7 | | | 16 | | 430 ILCS 65/7.5 new | | | | 17 | | 430 ILCS 65/8 | from Ch. 38, par. 83-8 | | | 18 | | 430 ILCS 65/8.4 new | | | | 19 | | 430 ILCS 65/9.5 | | | | 20 | | 430 ILCS 65/14 | from Ch. 38, par. 83-14 | | | 21 | | 430 ILCS 66/13 new | | | | 22 | | 430 ILCS 66/30 | | | | 23 | | 430 ILCS 66/50 | | | | 24 | | 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 | | | 25 | | 725 ILCS 5/110-10 | from Ch. 38, par. 110-10 | |
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