Bill Text: IL HB4327 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4327 Detail]

Download: Illinois-2023-HB4327-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4327

Introduced , by Rep. John M. Cabello

SYNOPSIS AS INTRODUCED:
See Index

Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.
LRB103 34892 RLC 64759 b

A BILL FOR

HB4327LRB103 34892 RLC 64759 b
1 AN ACT concerning firearms.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Open Meetings Act is amended by changing
5Section 2 as follows:
6 (5 ILCS 120/2) (from Ch. 102, par. 42)
7 Sec. 2. Open meetings.
8 (a) Openness required. All meetings of public bodies shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11 (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do
16not require the holding of a closed meeting to discuss a
17subject included within an enumerated exception.
18 (c) Exceptions. A public body may hold closed meetings to
19consider the following subjects:
20 (1) The appointment, employment, compensation,
21 discipline, performance, or dismissal of specific
22 employees, specific individuals who serve as independent
23 contractors in a park, recreational, or educational

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

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

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

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

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

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

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

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

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1 (e) Final action. No final action may be taken at a closed
2meeting. Final action shall be preceded by a public recital of
3the nature of the matter being considered and other
4information that will inform the public of the business being
5conducted.
6(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
7102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
87-28-23.)
9 Section 10. The Freedom of Information Act is amended by
10changing Section 7.5 as follows:
11 (5 ILCS 140/7.5)
12 Sec. 7.5. Statutory exemptions. To the extent provided for
13by the statutes referenced below, the following shall be
14exempt from inspection and copying:
15 (a) All information determined to be confidential
16 under Section 4002 of the Technology Advancement and
17 Development Act.
18 (b) Library circulation and order records identifying
19 library users with specific materials under the Library
20 Records Confidentiality Act.
21 (c) Applications, related documents, and medical
22 records received by the Experimental Organ Transplantation
23 Procedures Board and any and all documents or other
24 records prepared by the Experimental Organ Transplantation

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1 Procedures Board or its staff relating to applications it
2 has received.
3 (d) Information and records held by the Department of
4 Public Health and its authorized representatives relating
5 to known or suspected cases of sexually transmissible
6 disease or any information the disclosure of which is
7 restricted under the Illinois Sexually Transmissible
8 Disease Control Act.
9 (e) Information the disclosure of which is exempted
10 under Section 30 of the Radon Industry Licensing Act.
11 (f) Firm performance evaluations under Section 55 of
12 the Architectural, Engineering, and Land Surveying
13 Qualifications Based Selection Act.
14 (g) Information the disclosure of which is restricted
15 and exempted under Section 50 of the Illinois Prepaid
16 Tuition Act.
17 (h) Information the disclosure of which is exempted
18 under the State Officials and Employees Ethics Act, and
19 records of any lawfully created State or local inspector
20 general's office that would be exempt if created or
21 obtained by an Executive Inspector General's office under
22 that Act.
23 (i) Information contained in a local emergency energy
24 plan submitted to a municipality in accordance with a
25 local emergency energy plan ordinance that is adopted
26 under Section 11-21.5-5 of the Illinois Municipal Code.

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

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1 investigation reports, surveys, schedules, lists, data, or
2 information compiled, collected, or prepared by or for the
3 Department of Transportation under Sections 2705-300 and
4 2705-616 of the Department of Transportation Law of the
5 Civil Administrative Code of Illinois, the Regional
6 Transportation Authority under Section 2.11 of the
7 Regional Transportation Authority Act, or the St. Clair
8 County Transit District under the Bi-State Transit Safety
9 Act.
10 (q) Information prohibited from being disclosed by the
11 Personnel Record Review Act.
12 (r) Information prohibited from being disclosed by the
13 Illinois School Student Records Act.
14 (s) Information the disclosure of which is restricted
15 under Section 5-108 of the Public Utilities Act.
16 (t) All identified or deidentified health information
17 in the form of health data or medical records contained
18 in, stored in, submitted to, transferred by, or released
19 from the Illinois Health Information Exchange, and
20 identified or deidentified health information in the form
21 of health data and medical records of the Illinois Health
22 Information Exchange in the possession of the Illinois
23 Health Information Exchange Office due to its
24 administration of the Illinois Health Information
25 Exchange. The terms "identified" and "deidentified" shall
26 be given the same meaning as in the Health Insurance

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1 Portability and Accountability Act of 1996, Public Law
2 104-191, or any subsequent amendments thereto, and any
3 regulations promulgated thereunder.
4 (u) Records and information provided to an independent
5 team of experts under the Developmental Disability and
6 Mental Health Safety Act (also known as Brian's Law).
7 (v) Names and information of people who have applied
8 for or received Firearm Owner's Identification Cards under
9 the Firearm Owners Identification Card Act before the
10 effective date of this amendatory Act of the 103rd General
11 Assembly or applied for or received a concealed carry
12 license under the Firearm Concealed Carry Act, unless
13 otherwise authorized by the Firearm Concealed Carry Act;
14 and databases under the Firearm Concealed Carry Act,
15 records of the Concealed Carry Licensing Review Board
16 under the Firearm Concealed Carry Act, and law enforcement
17 agency objections under the Firearm Concealed Carry Act.
18 (v-5) Records of the Firearm Owner's Identification
19 Card Review Board that were are exempted from disclosure
20 under Section 10 of the Firearm Owners Identification Card
21 Act before the effective date of this amendatory Act of
22 the 103rd General Assembly.
23 (w) Personally identifiable information which is
24 exempted from disclosure under subsection (g) of Section
25 19.1 of the Toll Highway Act.
26 (x) Information which is exempted from disclosure

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1 under Section 5-1014.3 of the Counties Code or Section
2 8-11-21 of the Illinois Municipal Code.
3 (y) Confidential information under the Adult
4 Protective Services Act and its predecessor enabling
5 statute, the Elder Abuse and Neglect Act, including
6 information about the identity and administrative finding
7 against any caregiver of a verified and substantiated
8 decision of abuse, neglect, or financial exploitation of
9 an eligible adult maintained in the Registry established
10 under Section 7.5 of the Adult Protective Services Act.
11 (z) Records and information provided to a fatality
12 review team or the Illinois Fatality Review Team Advisory
13 Council under Section 15 of the Adult Protective Services
14 Act.
15 (aa) Information which is exempted from disclosure
16 under Section 2.37 of the Wildlife Code.
17 (bb) Information which is or was prohibited from
18 disclosure by the Juvenile Court Act of 1987.
19 (cc) Recordings made under the Law Enforcement
20 Officer-Worn Body Camera Act, except to the extent
21 authorized under that Act.
22 (dd) Information that is prohibited from being
23 disclosed under Section 45 of the Condominium and Common
24 Interest Community Ombudsperson Act.
25 (ee) Information that is exempted from disclosure
26 under Section 30.1 of the Pharmacy Practice Act.

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1 (ff) Information that is exempted from disclosure
2 under the Revised Uniform Unclaimed Property Act.
3 (gg) Information that is prohibited from being
4 disclosed under Section 7-603.5 of the Illinois Vehicle
5 Code.
6 (hh) Records that are exempt from disclosure under
7 Section 1A-16.7 of the Election Code.
8 (ii) Information which is exempted from disclosure
9 under Section 2505-800 of the Department of Revenue Law of
10 the Civil Administrative Code of Illinois.
11 (jj) Information and reports that are required to be
12 submitted to the Department of Labor by registering day
13 and temporary labor service agencies but are exempt from
14 disclosure under subsection (a-1) of Section 45 of the Day
15 and Temporary Labor Services Act.
16 (kk) Information prohibited from disclosure under the
17 Seizure and Forfeiture Reporting Act.
18 (ll) Information the disclosure of which is restricted
19 and exempted under Section 5-30.8 of the Illinois Public
20 Aid Code.
21 (mm) Records that are exempt from disclosure under
22 Section 4.2 of the Crime Victims Compensation Act.
23 (nn) Information that is exempt from disclosure under
24 Section 70 of the Higher Education Student Assistance Act.
25 (oo) Communications, notes, records, and reports
26 arising out of a peer support counseling session

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1 prohibited from disclosure under the First Responders
2 Suicide Prevention Act.
3 (pp) Names and all identifying information relating to
4 an employee of an emergency services provider or law
5 enforcement agency under the First Responders Suicide
6 Prevention Act.
7 (qq) Information and records held by the Department of
8 Public Health and its authorized representatives collected
9 under the Reproductive Health Act.
10 (rr) Information that is exempt from disclosure under
11 the Cannabis Regulation and Tax Act.
12 (ss) Data reported by an employer to the Department of
13 Human Rights pursuant to Section 2-108 of the Illinois
14 Human Rights Act.
15 (tt) Recordings made under the Children's Advocacy
16 Center Act, except to the extent authorized under that
17 Act.
18 (uu) Information that is exempt from disclosure under
19 Section 50 of the Sexual Assault Evidence Submission Act.
20 (vv) Information that is exempt from disclosure under
21 subsections (f) and (j) of Section 5-36 of the Illinois
22 Public Aid Code.
23 (ww) Information that is exempt from disclosure under
24 Section 16.8 of the State Treasurer Act.
25 (xx) Information that is exempt from disclosure or
26 information that shall not be made public under the

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1 Illinois Insurance Code.
2 (yy) Information prohibited from being disclosed under
3 the Illinois Educational Labor Relations Act.
4 (zz) Information prohibited from being disclosed under
5 the Illinois Public Labor Relations Act.
6 (aaa) Information prohibited from being disclosed
7 under Section 1-167 of the Illinois Pension Code.
8 (bbb) Information that is prohibited from disclosure
9 by the Illinois Police Training Act and the Illinois State
10 Police Act.
11 (ccc) Records exempt from disclosure under Section
12 2605-304 of the Illinois State Police Law of the Civil
13 Administrative Code of Illinois.
14 (ddd) Information prohibited from being disclosed
15 under Section 35 of the Address Confidentiality for
16 Victims of Domestic Violence, Sexual Assault, Human
17 Trafficking, or Stalking Act.
18 (eee) Information prohibited from being disclosed
19 under subsection (b) of Section 75 of the Domestic
20 Violence Fatality Review Act.
21 (fff) Images from cameras under the Expressway Camera
22 Act. This subsection (fff) is inoperative on and after
23 July 1, 2023.
24 (ggg) Information prohibited from disclosure under
25 paragraph (3) of subsection (a) of Section 14 of the Nurse
26 Agency Licensing Act.

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1 (hhh) Information submitted to the Illinois Department
2 of State Police in an affidavit or application for an
3 assault weapon endorsement, assault weapon attachment
4 endorsement, .50 caliber rifle endorsement, or .50 caliber
5 cartridge endorsement under the Firearm Owners
6 Identification Card Act.
7(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
8101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
91-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
10eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
11101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
121-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
13eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
14102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
157-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
162-13-23.)
17 Section 15. The Illinois TRUST Act is amended by changing
18Section 15 as follows:
19 (5 ILCS 805/15)
20 Sec. 15. Prohibition on enforcing federal civil
21immigration laws.
22 (a) A law enforcement agency or law enforcement official
23shall not detain or continue to detain any individual solely
24on the basis of any immigration detainer or civil immigration

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1warrant or otherwise comply with an immigration detainer or
2civil immigration warrant.
3 (b) A law enforcement agency or law enforcement official
4shall not stop, arrest, search, detain, or continue to detain
5a person solely based on an individual's citizenship or
6immigration status.
7 (c) (Blank).
8 (d) A law enforcement agency or law enforcement official
9acting in good faith in compliance with this Section who
10releases a person subject to an immigration detainer or civil
11immigration warrant shall have immunity from any civil or
12criminal liability that might otherwise occur as a result of
13making the release, with the exception of willful or wanton
14misconduct.
15 (e) A law enforcement agency or law enforcement official
16may not inquire about or investigate the citizenship or
17immigration status or place of birth of any individual in the
18agency or official's custody or who has otherwise been stopped
19or detained by the agency or official. Nothing in this
20subsection shall be construed to limit the ability of a law
21enforcement agency or law enforcement official, pursuant to
22State or federal law, to notify a person in the law enforcement
23agency's custody about that person's right to communicate with
24consular officers from that person's country of nationality,
25or facilitate such communication, in accordance with the
26Vienna Convention on Consular Relations or other bilateral

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1agreements. Nothing in this subsection shall be construed to
2limit the ability of a law enforcement agency or law
3enforcement official to request evidence of citizenship or
4immigration status pursuant to the Firearm Owners
5Identification Card Act, the Firearm Concealed Carry Act,
6Article 24 of the Criminal Code of 2012, or 18 United States
7Code Sections 921 through 931.
8 (f) Unless otherwise limited by federal law, a law
9enforcement agency or law enforcement official may not deny
10services, benefits, privileges, or opportunities to an
11individual in custody or under probation status, including,
12but not limited to, eligibility for or placement in a lower
13custody classification, educational, rehabilitative, or
14diversionary programs, on the basis of the individual's
15citizenship or immigration status, the issuance of an
16immigration detainer or civil immigration warrant against the
17individual, or the individual being in immigration removal
18proceedings.
19 (g)(1) No law enforcement agency, law enforcement
20official, or any unit of State or local government may enter
21into or renew any contract, intergovernmental service
22agreement, or any other agreement to house or detain
23individuals for federal civil immigration violations.
24 (2) Any law enforcement agency, law enforcement official,
25or unit of State or local government with an existing
26contract, intergovernmental agreement, or other agreement,

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1whether in whole or in part, that is utilized to house or
2detain individuals for civil immigration violations shall
3exercise the termination provision in the agreement as applied
4to housing or detaining individuals for civil immigration
5violations no later than January 1, 2022.
6 (h) Unless presented with a federal criminal warrant, or
7otherwise required by federal law, a law enforcement agency or
8official may not:
9 (1) participate, support, or assist in any capacity
10 with an immigration agent's enforcement operations,
11 including any collateral assistance such as coordinating
12 an arrest in a courthouse or other public facility,
13 providing use of any equipment, transporting any
14 individuals, or establishing a security or traffic
15 perimeter surrounding such operations, or any other
16 on-site support;
17 (2) give any immigration agent access, including by
18 telephone, to any individual who is in that agency's
19 custody;
20 (3) transfer any person into an immigration agent's
21 custody;
22 (4) permit immigration agents use of agency facilities
23 or equipment, including any agency electronic databases
24 not available to the public, for investigative interviews
25 or other investigative or immigration enforcement purpose;
26 (5) enter into or maintain any agreement regarding

HB4327- 23 -LRB103 34892 RLC 64759 b
1 direct access to any electronic database or other
2 data-sharing platform maintained by any law enforcement
3 agency, or otherwise provide such direct access to the
4 U.S. Immigration and Customs Enforcement, United States
5 Customs and Border Protection or any other federal entity
6 enforcing civil immigration violations;
7 (6) provide information in response to any immigration
8 agent's inquiry or request for information regarding any
9 individual in the agency's custody; or
10 (7) provide to any immigration agent information not
11 otherwise available to the public relating to an
12 individual's release or contact information, or otherwise
13 facilitate for an immigration agent to apprehend or
14 question an individual for immigration enforcement.
15 (i) Nothing in this Section shall preclude a law
16enforcement official from otherwise executing that official's
17duties in investigating violations of criminal law and
18cooperating in such investigations with federal and other law
19enforcement agencies (including criminal investigations
20conducted by federal Homeland Security Investigations (HSI))
21in order to ensure public safety.
22(Source: P.A. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.)
23 Section 20. The Gun Trafficking Information Act is amended
24by changing Section 10-5 as follows:

HB4327- 24 -LRB103 34892 RLC 64759 b
1 (5 ILCS 830/10-5)
2 Sec. 10-5. Gun trafficking information.
3 (a) The Illinois State Police shall use all reasonable
4efforts, as allowed by State law and regulations, federal law
5and regulations, and executed Memoranda of Understanding
6between Illinois law enforcement agencies and the U.S. Bureau
7of Alcohol, Tobacco, Firearms and Explosives, in making
8publicly available, on a regular and ongoing basis, key
9information related to firearms used in the commission of
10crimes in this State, including, but not limited to: reports
11on crimes committed with firearms, locations where the crimes
12occurred, the number of persons killed or injured in the
13commission of the crimes, the state where the firearms used
14originated, the Federal Firearms Licensee that sold the
15firearm, the type of firearms used, if known, annual
16statistical information concerning Firearm Owner's
17Identification Card and concealed carry license applications,
18revocations, and compliance with Section 9.5 of the Firearm
19Owners Identification Card Act, the information required in
20the report or on the Illinois State Police's website under
21Section 85 of the Firearms Restraining Order Act, and firearm
22dealer license certification inspections. The Illinois State
23Police shall make the information available on its website,
24which may be presented in a dashboard format, in addition to
25electronically filing a report with the Governor and the
26General Assembly. The report to the General Assembly shall be

HB4327- 25 -LRB103 34892 RLC 64759 b
1filed with the Clerk of the House of Representatives and the
2Secretary of the Senate in electronic form only, in the manner
3that the Clerk and the Secretary shall direct.
4 (b) (Blank). The Illinois State Police shall study, on a
5regular and ongoing basis, and compile reports on the number
6of Firearm Owner's Identification Card checks to determine
7firearms trafficking or straw purchase patterns. The Illinois
8State Police shall, to the extent not inconsistent with law,
9share such reports and underlying data with academic centers,
10foundations, and law enforcement agencies studying firearms
11trafficking, provided that personally identifying information
12is protected. For purposes of this subsection (b), a Firearm
13Owner's Identification Card number is not personally
14identifying information, provided that no other personal
15information of the card holder is attached to the record. The
16Illinois State Police may create and attach an alternate
17unique identifying number to each Firearm Owner's
18Identification Card number, instead of releasing the Firearm
19Owner's Identification Card number itself.
20 (c) Each department, office, division, and agency of this
21State shall, to the extent not inconsistent with law,
22cooperate fully with the Illinois State Police and furnish the
23Illinois State Police with all relevant information and
24assistance on a timely basis as is necessary to accomplish the
25purpose of this Act. The Illinois Criminal Justice Information
26Authority shall submit the information required in subsection

HB4327- 26 -LRB103 34892 RLC 64759 b
1(a) of this Section to the Illinois State Police, and any other
2information as the Illinois State Police may request, to
3assist the Illinois State Police in carrying out its duties
4under this Act.
5(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
6102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
7 Section 25. The First Responders Suicide Prevention Act is
8amended by changing Section 40 as follows:
9 (5 ILCS 840/40)
10 Sec. 40. Task Force recommendations.
11 (a) Task Force members shall recommend that agencies and
12organizations guarantee access to mental health and wellness
13services, including, but not limited to, peer support programs
14and providing ongoing education related to the ever-evolving
15concept of mental health wellness. These recommendations could
16be accomplished by:
17 (1) Revising agencies' and organizations' employee
18 assistance programs (EAPs).
19 (2) Urging health care providers to replace outdated
20 healthcare plans and include more progressive options
21 catering to the needs and disproportionate risks
22 shouldered by our first responders.
23 (3) Allocating funding or resources for public service
24 announcements (PSA) and messaging campaigns aimed at

HB4327- 27 -LRB103 34892 RLC 64759 b
1 raising awareness of available assistance options.
2 (4) Encouraging agencies and organizations to attach
3 lists of all available resources to training manuals and
4 continuing education requirements.
5 (b) Task Force members shall recommend agencies and
6organizations sponsor or facilitate first responders with
7specialized training in the areas of psychological fitness,
8depressive disorders, early detection, and mitigation best
9practices. Such trainings could be accomplished by:
10 (1) Assigning, appointing, or designating one member
11 of an agency or organization to attend specialized
12 training(s) sponsored by an accredited agency,
13 association, or organization recognized in their fields of
14 study.
15 (2) Seeking sponsorships or conducting fund-raisers,
16 to host annual or semiannual on-site visits from qualified
17 clinicians or physicians to provide early detection
18 training techniques, or to provide regular access to
19 mental health professionals.
20 (3) Requiring a minimum number of hours of disorders
21 and wellness training be incorporated into reoccurring,
22 annual or biannual training standards, examinations, and
23 curriculums, taking into close consideration respective
24 agency or organization size, frequency, and number of all
25 current federal and state mandatory examinations and
26 trainings expected respectively.

HB4327- 28 -LRB103 34892 RLC 64759 b
1 (4) Not underestimating the crucial importance of a
2 balanced diet, sleep, mindfulness-based stress reduction
3 techniques, moderate and vigorous intensity activities,
4 and recreational hobbies, which have been scientifically
5 proven to play a major role in brain health and mental
6 wellness.
7 (c) Task Force members shall recommend that administrators
8and leadership personnel solicit training services from
9evidence-based, data driven organizations. Organizations with
10personnel trained on the analytical review and interpretation
11of specific fields related to the nature of first responders'
12exploits, such as PTSD, substance abuse, chronic state of
13duress. Task Force members shall further recommend funding for
14expansion and messaging campaigns of preliminary
15self-diagnosing technologies like the one described above.
16These objectives could be met by:
17 (1) Contacting an accredited agency, association, or
18 organization recognized in the field or fields of specific
19 study. Unbeknownst to the majority, many of the agencies
20 and organizations listed above receive grants and
21 allocations to assist communities with the very issues
22 being discussed in this Section.
23 (2) Normalizing help-seeking behaviors for both first
24 responders and their families through regular messaging
25 and peer support outreach, beginning with academy
26 curricula and continuing education throughout individuals'

HB4327- 29 -LRB103 34892 RLC 64759 b
1 careers.
2 (3) Funding and implementing PSA campaigns that
3 provide clear and concise calls to action about mental
4 health and wellness, resiliency, help-seeking, treatment,
5 and recovery.
6 (4) Promoting and raising awareness of not-for-profit
7 organizations currently available to assist individuals in
8 search of care and treatment. Organizations have intuitive
9 user-friendly sites, most of which have mobile
10 applications, so first responders can access at a moment's
11 notice. However, because of limited funds, these
12 organizations have a challenging time of getting the word
13 out there about their existence.
14 (5) Expanding Family and Medical Leave Act protections
15 for individuals voluntarily seeking preventative
16 treatment.
17 (6) Promoting and ensuring complete patient
18 confidentiality protections.
19 (d) Task Force members shall recommend that agencies and
20organizations incorporate the following training components
21into already existing modules and educational curriculums.
22Doing so could be done by:
23 (1) Bolstering academy and school curricula by
24 requiring depressive disorder training catered to PTSD,
25 substance abuse, and early detection techniques training,
26 taking into close consideration respective agency or

HB4327- 30 -LRB103 34892 RLC 64759 b
1 organization size, and the frequency and number of all
2 current federal and state mandatory examinations and
3 trainings expected respectively.
4 (2) Continuing to allocate or match federal and state
5 funds to maintain Mobile Training Units (MTUs).
6 (3) Incorporating a state certificate for peer support
7 training into already exiting statewide curriculums and
8 mandatory examinations, annual State Fire Marshal
9 examinations, and physical fitness examinations. The
10 subject matter of the certificate should have an emphasis
11 on mental health and wellness, as well as familiarization
12 with topics ranging from clinical social work, clinical
13 psychology, clinical behaviorist, and clinical psychiatry.
14 (4) Incorporating and performing statewide mental
15 health check-ins during the same times as already mandated
16 trainings. These checks are not to be compared or used as
17 measures of fitness for duty evaluations or structured
18 psychological examinations.
19 (5) Recommending comprehensive and evidence-based
20 training on the importance of preventative measures on the
21 topics of sleep, nutrition, mindfulness, and physical
22 movement.
23 (6) (Blank). Law enforcement agencies should provide
24 training on the Firearm Owner's Identification Card Act,
25 including seeking relief from the Illinois State Police
26 under Section 10 of the Firearm Owners Identification Card

HB4327- 31 -LRB103 34892 RLC 64759 b
1 Act and a FOID card being a continued condition of
2 employment under Section 7.2 of the Uniform Peace
3 Officers' Disciplinary Act.
4(Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23.)
5 Section 30. The Department of Natural Resources
6(Conservation) Law of the Civil Administrative Code of
7Illinois is amended by changing Section 805-538 as follows:
8 (20 ILCS 805/805-538)
9 Sec. 805-538. Retiring officer; purchase of service
10firearm and police badge. The Director of Natural Resources
11shall establish a program to allow a Conservation Police
12Officer who is honorably retiring in good standing to purchase
13either one or both of the following: (1) any Department of
14Natural Resources police badge previously issued to that
15officer; or (2) if the officer has a currently valid Firearm
16Owner's Identification Card, the service firearm issued or
17previously issued to the officer by the Department of Natural
18Resources. The cost of the firearm shall be the replacement
19value of the firearm and not the firearm's fair market value.
20(Source: P.A. 100-931, eff. 8-17-18.)
21 Section 35. The Department of Revenue Law of the Civil
22Administrative Code of Illinois is amended by changing Section
232505-306 as follows:

HB4327- 32 -LRB103 34892 RLC 64759 b
1 (20 ILCS 2505/2505-306)
2 Sec. 2505-306. Retiring investigators; purchase of service
3firearm and badge. The Director shall establish a program to
4allow a Department investigator who is honorably retiring in
5good standing to purchase either one or both of the following:
6(1) any badge previously issued to the investigator by the
7Department; or (2) if the investigator has a currently valid
8Firearm Owner's Identification Card, the service firearm
9issued or previously issued to the investigator by the
10Department. The cost of the firearm shall be the replacement
11value of the firearm and not the firearm's fair market value.
12(Source: P.A. 102-719, eff. 5-6-22.)
13 Section 40. The Illinois State Police Law of the Civil
14Administrative Code of Illinois is amended by changing
15Sections 2605-10, 2605-45, 2605-200, 2605-595, and 2605-605 as
16follows:
17 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
18 (Text of Section before amendment by P.A. 103-34)
19 Sec. 2605-10. Powers and duties, generally.
20 (a) The Illinois State Police shall exercise the rights,
21powers, and duties that have been vested in the Illinois State
22Police by the following:
23 The Illinois State Police Act.

HB4327- 33 -LRB103 34892 RLC 64759 b
1 The Illinois State Police Radio Act.
2 The Criminal Identification Act.
3 The Illinois Vehicle Code.
4 The Firearm Owners Identification Card Act.
5 The Firearm Concealed Carry Act.
6 The Gun Dealer Licensing Act.
7 The Intergovernmental Missing Child Recovery Act of
8 1984.
9 The Intergovernmental Drug Laws Enforcement Act.
10 The Narcotic Control Division Abolition Act.
11 (b) The Illinois State Police shall have the powers and
12duties set forth in the following Sections.
13(Source: P.A. 102-538, eff. 8-20-21.)
14 (Text of Section after amendment by P.A. 103-34)
15 Sec. 2605-10. Powers and duties, generally.
16 (a) The Illinois State Police shall exercise the rights,
17powers, and duties that have been vested in the Illinois State
18Police by the following:
19 The Illinois State Police Act.
20 The Illinois State Police Radio Act.
21 The Criminal Identification Act.
22 The Illinois Vehicle Code.
23 The Firearm Owners Identification Card Act.
24 The Firearm Concealed Carry Act.
25 The Firearm Dealer License Certification Act.

HB4327- 34 -LRB103 34892 RLC 64759 b
1 The Intergovernmental Missing Child Recovery Act of
2 1984.
3 The Intergovernmental Drug Laws Enforcement Act.
4 The Narcotic Control Division Abolition Act.
5 The Illinois Uniform Conviction Information Act.
6 The Murderer and Violent Offender Against Youth
7 Registration Act.
8 (b) The Illinois State Police shall have the powers and
9duties set forth in the following Sections.
10 (c) The Illinois State Police shall exercise the rights,
11powers, and duties vested in the Illinois State Police to
12implement the following protective service functions for State
13facilities, State officials, and State employees serving in
14their official capacity:
15 (1) Utilize subject matter expertise and law
16 enforcement authority to strengthen the protection of
17 State government facilities, State employees, State
18 officials, and State critical infrastructure.
19 (2) Coordinate State, federal, and local law
20 enforcement activities involving the protection of State
21 facilities, officials, and employees.
22 (3) Conduct investigations of criminal threats to
23 State facilities, State critical infrastructure, State
24 officials, and State employees.
25 (4) Train State officials and employees in personal
26 protection, crime prevention, facility occupant emergency

HB4327- 35 -LRB103 34892 RLC 64759 b
1 planning, and incident management.
2 (5) Establish standard protocols for prevention and
3 response to criminal threats to State facilities, State
4 officials, State employees, and State critical
5 infrastructure, and standard protocols for reporting of
6 suspicious activities.
7 (6) Establish minimum operational standards,
8 qualifications, training, and compliance requirements for
9 State employees and contractors engaged in the protection
10 of State facilities and employees.
11 (7) At the request of departments or agencies of State
12 government, conduct security assessments, including, but
13 not limited to, examination of alarm systems, cameras
14 systems, access points, personnel readiness, and emergency
15 protocols based on risk and need.
16 (8) Oversee the planning and implementation of
17 security and law enforcement activities necessary for the
18 protection of major, multi-jurisdictional events
19 implicating potential criminal threats to State officials,
20 State employees, or State-owned, State-leased, or
21 State-operated critical infrastructure or facilities.
22 (9) Oversee and direct the planning and implementation
23 of security and law enforcement activities by the
24 departments and agencies of the State necessary for the
25 protection of State employees, State officials, and
26 State-owned, State-leased, or State-operated critical

HB4327- 36 -LRB103 34892 RLC 64759 b
1 infrastructure or facilities from criminal activity.
2 (10) Advise the Governor and Homeland Security Advisor
3 on any matters necessary for the effective protection of
4 State facilities, critical infrastructure, officials, and
5 employees from criminal threats.
6 (11) Utilize intergovernmental agreements and
7 administrative rules as needed for the effective,
8 efficient implementation of law enforcement and support
9 activities necessary for the protection of State
10 facilities, State infrastructure, State officials, and
11 State employees.
12(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
13revised 9-25-23.)
14 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
15 (Text of Section before amendment by P.A. 103-34)
16 Sec. 2605-45. Division of Justice Services. The Division
17of Justice Services shall exercise the following functions:
18 (1) Operate and maintain the Law Enforcement Agencies
19 Data System (LEADS), a statewide, computerized
20 telecommunications system designed to provide services,
21 information, and capabilities to the law enforcement and
22 criminal justice community in the State of Illinois. The
23 Director is responsible for establishing policy,
24 procedures, and regulations consistent with State and
25 federal rules, policies, and law by which LEADS operates.

HB4327- 37 -LRB103 34892 RLC 64759 b
1 The Director shall designate a statewide LEADS
2 Administrator for management of the system. The Director
3 may appoint a LEADS Advisory Policy Board to reflect the
4 needs and desires of the law enforcement and criminal
5 justice community and to make recommendations concerning
6 policies and procedures.
7 (2) Pursue research and the publication of studies
8 pertaining to local law enforcement activities.
9 (3) Serve as the State's point of contact for the
10 Federal Bureau of Investigation's Uniform Crime Reporting
11 Program and National Incident-Based Reporting System.
12 (4) Operate an electronic data processing and computer
13 center for the storage and retrieval of data pertaining to
14 criminal activity.
15 (5) Exercise the rights, powers, and duties vested in
16 the Illinois State Police by the Cannabis Regulation and
17 Tax Act and the Compassionate Use of Medical Cannabis
18 Program Act.
19 (6) (Blank).
20 (6.5) Exercise the rights, powers, and duties vested
21 in the Illinois State Police by the Firearm Owners
22 Identification Card Act, the Firearm Concealed Carry Act,
23 and the Firearm Dealer License Certification Act.
24 (7) Exercise other duties that may be assigned by the
25 Director to fulfill the responsibilities and achieve the
26 purposes of the Illinois State Police.

HB4327- 38 -LRB103 34892 RLC 64759 b
1 (8) Exercise the rights, powers, and duties vested by
2 law in the Illinois State Police by the Criminal
3 Identification Act.
4 (9) Exercise the powers and perform the duties that
5 have been vested in the Illinois State Police by the Sex
6 Offender Registration Act and the Sex Offender Community
7 Notification Law and adopt reasonable rules necessitated
8 thereby.
9(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
10 (Text of Section after amendment by P.A. 103-34)
11 Sec. 2605-45. Division of Justice Services. The Division
12of Justice Services shall provide administrative and technical
13services and support to the Illinois State Police, criminal
14justice agencies, and the public and shall exercise the
15following functions:
16 (1) Operate and maintain the Law Enforcement Agencies
17 Data System (LEADS), a statewide, computerized
18 telecommunications system designed to provide services,
19 information, and capabilities to the law enforcement and
20 criminal justice community in the State of Illinois. The
21 Director is responsible for establishing policy,
22 procedures, and regulations consistent with State and
23 federal rules, policies, and law by which LEADS operates.
24 The Director shall designate a statewide LEADS
25 Administrator for management of the system. The Director

HB4327- 39 -LRB103 34892 RLC 64759 b
1 may appoint a LEADS Advisory Policy Board to reflect the
2 needs and desires of the law enforcement and criminal
3 justice community and to make recommendations concerning
4 policies and procedures.
5 (2) Pursue research and the publication of studies
6 pertaining to local law enforcement activities.
7 (3) Serve as the State's point of contact for the
8 Federal Bureau of Investigation's Uniform Crime Reporting
9 Program and National Incident-Based Reporting System.
10 (4) Operate an electronic data processing and computer
11 center for the storage and retrieval of data pertaining to
12 criminal activity.
13 (5) Exercise the rights, powers, and duties vested in
14 the Illinois State Police by the Cannabis Regulation and
15 Tax Act and the Compassionate Use of Medical Cannabis
16 Program Act.
17 (6) (Blank).
18 (6.5) Exercise the rights, powers, and duties vested
19 in the Illinois State Police by the Firearm Owners
20 Identification Card Act, the Firearm Concealed Carry Act,
21 the Firearm Transfer Inquiry Program, the prohibited
22 persons portal under Section 2605-304, and the Firearm
23 Dealer License Certification Act.
24 (7) Exercise other duties that may be assigned by the
25 Director to fulfill the responsibilities and achieve the
26 purposes of the Illinois State Police.

HB4327- 40 -LRB103 34892 RLC 64759 b
1 (8) Exercise the rights, powers, and duties vested by
2 law in the Illinois State Police by the Criminal
3 Identification Act and the Illinois Uniform Conviction
4 Information Act.
5 (9) Exercise the powers and perform the duties that
6 have been vested in the Illinois State Police by the
7 Murderer and Violent Offender Against Youth Registration
8 Act, the Sex Offender Registration Act, and the Sex
9 Offender Community Notification Law and adopt reasonable
10 rules necessitated thereby.
11 (10) Serve as the State central repository for
12 criminal history record information.
13 (11) Share all necessary information with the
14 Concealed Carry Licensing Review Board and the Firearms
15 Owner's Identification Card Review Board necessary for the
16 execution of their duties.
17(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)
18 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
19 (Text of Section before amendment by P.A. 103-34)
20 Sec. 2605-200. Investigations of crime; enforcement of
21laws; records; crime laboratories; personnel.
22 (a) To do the following:
23 (1) Investigate the origins, activities, personnel,
24 and incidents of crime and the ways and means to redress
25 the victims of crimes; study the impact, if any, of

HB4327- 41 -LRB103 34892 RLC 64759 b
1 legislation relative to the effusion of crime and growing
2 crime rates; and enforce the criminal laws of this State
3 related thereto.
4 (2) Enforce all laws regulating the production, sale,
5 prescribing, manufacturing, administering, transporting,
6 having in possession, dispensing, delivering,
7 distributing, or use of controlled substances and
8 cannabis.
9 (3) Employ skilled experts, scientists, technicians,
10 investigators, or otherwise specially qualified persons to
11 aid in preventing or detecting crime, apprehending
12 criminals, or preparing and presenting evidence of
13 violations of the criminal laws of the State.
14 (4) Cooperate with the police of cities, villages, and
15 incorporated towns and with the police officers of any
16 county in enforcing the laws of the State and in making
17 arrests and recovering property.
18 (5) Apprehend and deliver up any person charged in
19 this State or any other state of the United States with
20 treason or a felony or other crime who has fled from
21 justice and is found in this State.
22 (6) Conduct other investigations as provided by law.
23 (7) Be a central repository and custodian of criminal
24 statistics for the State.
25 (8) Be a central repository for criminal history
26 record information.

HB4327- 42 -LRB103 34892 RLC 64759 b
1 (9) Procure and file for record information that is
2 necessary and helpful to plan programs of crime
3 prevention, law enforcement, and criminal justice.
4 (10) Procure and file for record copies of
5 fingerprints that may be required by law.
6 (11) Establish general and field crime laboratories.
7 (12) Register and file for record information that may
8 be required by law for the issuance of firearm owner's
9 identification cards under the Firearm Owners
10 Identification Card Act and concealed carry licenses under
11 the Firearm Concealed Carry Act.
12 (13) Employ laboratory technicians and other specially
13 qualified persons to aid in the identification of criminal
14 activity and the identification, collection, and recovery
15 of cyber forensics, including but not limited to digital
16 evidence, and may employ polygraph operators.
17 (14) Undertake other identification, information,
18 laboratory, statistical, or registration activities that
19 may be required by law.
20 (b) Persons exercising the powers set forth in subsection
21(a) within the Illinois State Police are conservators of the
22peace and as such have all the powers possessed by policemen in
23cities and sheriffs, except that they may exercise those
24powers anywhere in the State in cooperation with and after
25contact with the local law enforcement officials. Those
26persons may use false or fictitious names in the performance

HB4327- 43 -LRB103 34892 RLC 64759 b
1of their duties under this Section, upon approval of the
2Director, and shall not be subject to prosecution under the
3criminal laws for that use.
4(Source: P.A. 102-538, eff. 8-20-21.)
5 (Text of Section after amendment by P.A. 103-34)
6 Sec. 2605-200. Investigations of crime; enforcement of
7laws; records; crime laboratories; personnel.
8 (a) To do the following:
9 (1) Investigate the origins, activities, personnel,
10 and incidents of crime and the ways and means to redress
11 the victims of crimes; study the impact, if any, of
12 legislation relative to the effusion of crime and growing
13 crime rates; and enforce the criminal laws of this State
14 related thereto.
15 (2) Enforce all laws regulating the production, sale,
16 prescribing, manufacturing, administering, transporting,
17 having in possession, dispensing, delivering,
18 distributing, or use of controlled substances and
19 cannabis.
20 (3) Employ skilled experts, scientists, technicians,
21 investigators, or otherwise specially qualified persons to
22 aid in preventing or detecting crime, apprehending
23 criminals, or preparing and presenting evidence of
24 violations of the criminal laws of the State.
25 (4) Cooperate with the police of cities, villages, and

HB4327- 44 -LRB103 34892 RLC 64759 b
1 incorporated towns and with the police officers of any
2 county in enforcing the laws of the State and in making
3 arrests and recovering property.
4 (5) Apprehend and deliver up any person charged in
5 this State or any other state of the United States with
6 treason or a felony or other crime who has fled from
7 justice and is found in this State.
8 (6) Conduct other investigations as provided by law.
9 (7) Be a central repository and custodian of criminal
10 statistics for the State.
11 (8) Be a central repository for criminal history
12 record information.
13 (9) Procure and file for record information that is
14 necessary and helpful to plan programs of crime
15 prevention, law enforcement, and criminal justice.
16 (10) Procure and file for record copies of
17 fingerprints that may be required by law.
18 (11) Establish general and field crime laboratories.
19 (12) Register and file for record information that may
20 be required by law for the issuance of firearm owner's
21 identification cards under the Firearm Owners
22 Identification Card Act and concealed carry licenses under
23 the Firearm Concealed Carry Act.
24 (13) Employ laboratory technicians and other specially
25 qualified persons to aid in the identification of criminal
26 activity and the identification, collection, and recovery

HB4327- 45 -LRB103 34892 RLC 64759 b
1 of cyber forensics, including, but not limited to, digital
2 evidence, and may employ polygraph operators and forensic
3 anthropologists.
4 (14) Undertake other identification, information,
5 laboratory, statistical, or registration activities that
6 may be required by law.
7 (b) Persons exercising the powers set forth in subsection
8(a) within the Illinois State Police are conservators of the
9peace and as such have all the powers possessed by policemen in
10cities and sheriffs, except that they may exercise those
11powers anywhere in the State in cooperation with and after
12contact with the local law enforcement officials. Those
13persons may use false or fictitious names in the performance
14of their duties under this Section, upon approval of the
15Director, and shall not be subject to prosecution under the
16criminal laws for that use.
17(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)
18 (20 ILCS 2605/2605-595)
19 Sec. 2605-595. State Police Firearm Services Fund.
20 (a) There is created in the State treasury a special fund
21known as the State Police Firearm Services Fund. The Fund
22shall receive revenue under the Firearm Concealed Carry Act
23and , the Firearm Dealer License Certification Act, and
24Section 5 of the Firearm Owners Identification Card Act. The
25Fund may also receive revenue from grants, pass-through

HB4327- 46 -LRB103 34892 RLC 64759 b
1grants, donations, appropriations, and any other legal source.
2 (a-5) (Blank).
3 (b) The Illinois State Police may use moneys in the Fund to
4finance any of its lawful purposes, mandates, functions, and
5duties under the Firearm Owners Identification Card Act, the
6Firearm Dealer License Certification Act, and the Firearm
7Concealed Carry Act, including the cost of sending notices of
8expiration of Firearm Owner's Identification Cards, concealed
9carry licenses, the prompt and efficient processing of
10applications under the Firearm Owners Identification Card Act
11and the Firearm Concealed Carry Act, the improved efficiency
12and reporting of the LEADS and federal NICS law enforcement
13data systems, and support for investigations required under
14these Acts and law. Any surplus funds beyond what is needed to
15comply with the aforementioned purposes shall be used by the
16Illinois State Police to improve the Law Enforcement Agencies
17Data System (LEADS) and criminal history background check
18system.
19 (c) Investment income that is attributable to the
20investment of moneys in the Fund shall be retained in the Fund
21for the uses specified in this Section.
22(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
23103-363, eff. 7-28-23.)
24 (20 ILCS 2605/2605-605)
25 Sec. 2605-605. Violent Crime Intelligence Task Force. The

HB4327- 47 -LRB103 34892 RLC 64759 b
1Director of the Illinois State Police shall establish a
2statewide multi-jurisdictional Violent Crime Intelligence Task
3Force led by the Illinois State Police dedicated to combating
4gun violence, gun-trafficking, and other violent crime with
5the primary mission of preservation of life and reducing the
6occurrence and the fear of crime. The objectives of the Task
7Force shall include, but not be limited to, reducing and
8preventing illegal possession and use of firearms,
9firearm-related homicides, and other violent crimes, and
10solving firearm-related crimes.
11 (1) The Task Force may develop and acquire information,
12training, tools, and resources necessary to implement a
13data-driven approach to policing, with an emphasis on
14intelligence development.
15 (2) The Task Force may utilize information sharing,
16partnerships, crime analysis, and evidence-based practices to
17assist in the reduction of firearm-related shootings,
18homicides, and gun-trafficking, including, but not limited to,
19ballistic data, eTrace data, DNA evidence, latent
20fingerprints, firearm training data, and National Integrated
21Ballistic Information Network (NIBIN) data. The Task Force may
22design a model crime gun intelligence strategy which may
23include, but is not limited to, comprehensive collection and
24documentation of all ballistic evidence, timely transfer of
25NIBIN and eTrace leads to an intelligence center, which may
26include the Division of Criminal Investigation of the Illinois

HB4327- 48 -LRB103 34892 RLC 64759 b
1State Police, timely dissemination of intelligence to
2investigators, investigative follow-up, and coordinated
3prosecution.
4 (3) The Task Force may recognize and utilize best
5practices of community policing and may develop potential
6partnerships with faith-based and community organizations to
7achieve its goals.
8 (4) The Task Force may identify and utilize best practices
9in drug-diversion programs and other community-based services
10to redirect low-level offenders.
11 (5) The Task Force may assist in violence suppression
12strategies including, but not limited to, details in
13identified locations that have shown to be the most prone to
14gun violence and violent crime, focused deterrence against
15violent gangs and groups considered responsible for the
16violence in communities, and other intelligence driven methods
17deemed necessary to interrupt cycles of violence or prevent
18retaliation.
19 (6) In consultation with the Chief Procurement Officer,
20the Illinois State Police may obtain contracts for software,
21commodities, resources, and equipment to assist the Task Force
22with achieving this Act. Any contracts necessary to support
23the delivery of necessary software, commodities, resources,
24and equipment are not subject to the Illinois Procurement
25Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and
26Article 50 of that Code, provided that the Chief Procurement

HB4327- 49 -LRB103 34892 RLC 64759 b
1Officer may, in writing with justification, waive any
2certification required under Article 50 of the Illinois
3Procurement Code.
4 (7) (Blank). The Task Force shall conduct enforcement
5operations against persons whose Firearm Owner's
6Identification Cards have been revoked or suspended and
7persons who fail to comply with the requirements of Section
89.5 of the Firearm Owners Identification Card Act,
9prioritizing individuals presenting a clear and present danger
10to themselves or to others under paragraph (2) of subsection
11(d) of Section 8.1 of the Firearm Owners Identification Card
12Act.
13 (8) The Task Force shall collaborate with local law
14enforcement agencies to enforce provisions of the Firearm
15Owners Identification Card Act, the Firearm Concealed Carry
16Act, the Firearm Dealer License Certification Act, and Article
1724 of the Criminal Code of 2012.
18 (9) To implement this Section, the Director of the
19Illinois State Police may establish intergovernmental
20agreements with law enforcement agencies in accordance with
21the Intergovernmental Cooperation Act.
22 (10) Law enforcement agencies that participate in
23activities described in paragraphs (7) through (9) may apply
24to the Illinois State Police for grants from the State Police
25Revocation Enforcement Fund.
26(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

HB4327- 50 -LRB103 34892 RLC 64759 b
1102-813, eff. 5-13-22.)
2 (20 ILCS 2605/2605-304 rep.)
3 (20 ILCS 2605/2605-610 rep.)
4 Section 45. The Illinois State Police Law of the Civil
5Administrative Code of Illinois is amended by repealing
6Sections 2605-304 and 2605-610.
7 Section 50. The Illinois State Police Act is amended by
8changing Section 17b as follows:
9 (20 ILCS 2610/17b)
10 Sec. 17b. Retiring officer; purchase of service firearm
11and police badge. The Director of the Illinois State Police
12shall establish a policy to allow a State Police officer who is
13honorably retiring or separating in good standing to purchase
14either one or both of the following: (i) any State Police badge
15previously issued to that officer; or (ii) if the officer has a
16currently valid Firearm Owner's Identification Card, the
17service firearm issued or previously issued to the officer by
18the Illinois State Police. The cost of the firearm purchased
19shall be the replacement value of the firearm and not the
20firearm's fair market value.
21(Source: P.A. 102-538, eff. 8-20-21.)
22 Section 55. The Criminal Identification Act is amended by

HB4327- 51 -LRB103 34892 RLC 64759 b
1changing Section 2.2 as follows:
2 (20 ILCS 2630/2.2)
3 Sec. 2.2. Notification to the Illinois State Police. Upon
4judgment of conviction of a violation of Section 12-1, 12-2,
512-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or
6the Criminal Code of 2012 when the defendant has been
7determined, pursuant to Section 112A-11.1 of the Code of
8Criminal Procedure of 1963, to be subject to the prohibitions
9of 18 U.S.C. 922(g)(9), the circuit court clerk shall include
10notification and a copy of the written determination in a
11report of the conviction to the Illinois State Police Firearm
12Owner's Identification Card Office to enable the Illinois
13State Police office to perform its duties under the Firearm
14Concealed Carry Act and Sections 4 and 8 of the Firearm Owners
15Identification Card Act and to report that determination to
16the Federal Bureau of Investigation to assist the Federal
17Bureau of Investigation in identifying persons prohibited from
18purchasing and possessing a firearm pursuant to the provisions
19of 18 U.S.C. 922. The written determination described in this
20Section shall be included in the defendant's record of arrest
21and conviction in the manner and form prescribed by the
22Illinois State Police.
23(Source: P.A. 102-538, eff. 8-20-21.)
24 Section 60. The Peace Officer Fire Investigation Act is

HB4327- 52 -LRB103 34892 RLC 64759 b
1amended by changing Section 1 as follows:
2 (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
3 Sec. 1. Peace officer status.
4 (a) Any person who is a sworn member of any organized and
5paid fire department of a political subdivision of this State
6and is authorized to investigate fires or explosions for such
7political subdivision and to determine the cause, origin and
8circumstances of fires or explosions that are suspected to be
9arson or arson-related crimes, may be classified as a peace
10officer by the political subdivision or agency employing such
11person. A person so classified shall possess the same powers
12of arrest, search and seizure and the securing and service of
13warrants as sheriffs of counties, and police officers within
14the jurisdiction of their political subdivision. While in the
15actual investigation and matters incident thereto, such person
16may carry weapons as may be necessary, but only if that person
17has satisfactorily completed (1) a training program offered or
18approved by the Illinois Law Enforcement Training Standards
19Board which substantially conforms to standards promulgated
20pursuant to the Illinois Police Training Act and the Peace
21Officer and Probation Officer Firearm Training Act; and (2) a
22course in fire and arson investigation approved by the Office
23of the State Fire Marshal pursuant to the Illinois Fire
24Protection Training Act. Such training need not include
25exposure to vehicle and traffic law, traffic control and crash

HB4327- 53 -LRB103 34892 RLC 64759 b
1investigation, or first aid, but shall include training in the
2law relating to the rights of persons suspected of involvement
3in criminal activities.
4 Any person granted the powers enumerated in this
5subsection (a) may exercise such powers only during the actual
6investigation of the cause, origin and circumstances of such
7fires or explosions that are suspected to be arson or
8arson-related crimes.
9 (b) Persons employed by the Office of the State Fire
10Marshal to conduct arson investigations shall be designated
11State Fire Marshal Arson Investigator Special Agents and shall
12be peace officers with all of the powers of peace officers in
13cities and sheriffs in counties, except that they may exercise
14those powers throughout the State. These Special Agents may
15exercise these powers only when engaging in official duties
16during the actual investigation of the cause, origin, and
17circumstances of such fires or explosions that are suspected
18to be arson or arson-related crimes and may carry weapons at
19all times, but only if they have satisfactorily completed (1)
20a training course approved by the Illinois Law Enforcement
21Training Standards Board that substantially conforms to the
22standards promulgated pursuant to the Peace Officer and
23Probation Officer Firearm Training Act and (2) a course in
24fire and arson investigation approved by the Office of the
25State Fire Marshal pursuant to the Illinois Fire Protection
26Training Act. Such training need not include exposure to

HB4327- 54 -LRB103 34892 RLC 64759 b
1vehicle and traffic law, traffic control and crash
2investigation, or first aid, but shall include training in the
3law relating to the rights of persons suspected of involvement
4in criminal activities.
5 For purposes of this subsection (b), a "State Fire Marshal
6Arson Investigator Special Agent" does not include any fire
7investigator, fireman, police officer, or other employee of
8the federal government; any fire investigator, fireman, police
9officer, or other employee of any unit of local government; or
10any fire investigator, fireman, police officer, or other
11employee of the State of Illinois other than an employee of the
12Office of the State Fire Marshal assigned to investigate
13arson.
14 The State Fire Marshal must authorize to each employee of
15the Office of the State Fire Marshal who is exercising the
16powers of a peace officer a distinct badge that, on its face,
17(i) clearly states that the badge is authorized by the Office
18of the State Fire Marshal and (ii) contains a unique
19identifying number. No other badge shall be authorized by the
20Office of the State Fire Marshal, except that a badge,
21different from the badge issued to peace officers, may be
22authorized by the Office of the State Fire Marshal for the use
23of fire prevention inspectors employed by that Office. Nothing
24in this subsection prohibits the State Fire Marshal from
25issuing shields or other distinctive identification to
26employees not exercising the powers of a peace officer if the

HB4327- 55 -LRB103 34892 RLC 64759 b
1State Fire Marshal determines that a shield or distinctive
2identification is needed by the employee to carry out his or
3her responsibilities.
4 (c) The Office of the State Fire Marshal shall establish a
5policy to allow a State Fire Marshal Arson Investigator
6Special Agent who is honorably retiring or separating in good
7standing to purchase either one or both of the following: (i)
8any badge previously issued to that State Fire Marshal Arson
9Investigator Special Agent; or (ii) if the State Fire Marshal
10Arson Investigator Special Agent has a currently valid Firearm
11Owner's Identification Card, the service firearm issued or
12previously issued to the State Fire Marshal Arson Investigator
13Special Agent by the Office of the State Fire Marshal. The cost
14of the firearm purchased shall be the replacement value of the
15firearm and not the firearm's fair market value. All funds
16received by the agency under this program shall be deposited
17into the Fire Prevention Fund.
18(Source: P.A. 102-982, eff. 7-1-23.)
19 Section 65. The Illinois Criminal Justice Information Act
20is amended by changing Section 7.9 as follows:
21 (20 ILCS 3930/7.9)
22 (Section scheduled to be repealed on July 1, 2027)
23 Sec. 7.9. Firearm Prohibitors and Records Improvement Task
24Force.

HB4327- 56 -LRB103 34892 RLC 64759 b
1 (a) As used in this Section, "firearms prohibitor" means
2any factor listed in Section 4 of the Firearm Owners
3Identification Card Act or Section 24-3 or 24-3.1 of the
4Criminal Code of 2012 that prohibits a person from
5transferring or possessing a firearm, firearm ammunition,
6Firearm Owner's Identification Card, or concealed carry
7license.
8 (b) The Firearm Prohibitors and Records Improvement Task
9Force is created to identify and research all available
10grants, resources, and revenue that may be applied for and
11used by all entities responsible for reporting federal and
12State firearm prohibitors to the Illinois State Police and the
13National Instant Criminal Background Check System. These Under
14the Firearm Owners Identification Card Act, these reporting
15entities include, but are not limited to, hospitals, courts,
16law enforcement and corrections. The Task Force shall identify
17weaknesses in reporting and recommend a strategy to direct
18resources and revenue to ensuring reporting is reliable,
19accurate, and timely. The Task Force shall inventory all
20statutorily mandated firearm and gun violence related data
21collection and reporting requirements, along with the agency
22responsible for collecting that data, and identify gaps in
23those requirements. The Task Force shall submit a coordinated
24application with and through the Illinois Criminal Justice
25Information Authority for federal funds from the National
26Criminal History Improvement Program and the NICS Acts Record

HB4327- 57 -LRB103 34892 RLC 64759 b
1Improvement Program. The Firearm Prohibitors and Records
2Improvement Task Force shall be comprised of the following
3members, all of whom shall serve without compensation:
4 (1) the Executive Director of the Illinois Criminal
5 Justice Information Authority, who shall serve as Chair;
6 (2) the Director of the Illinois State Police, or his
7 or her designee;
8 (3) the Secretary of Human Services, or his or her
9 designee;
10 (4) the Director of Corrections, or his or her
11 designee;
12 (5) the Attorney General, or his or her designee;
13 (6) the Director of the Administrative Office of the
14 Illinois Courts, or his or her designee;
15 (7) a representative of an association representing
16 circuit clerks appointed by the President of the Senate;
17 (8) a representative of an association representing
18 sheriffs appointed by the House Minority Leader;
19 (9) a representative of an association representing
20 State's Attorneys appointed by the House Minority Leader;
21 (10) a representative of an association representing
22 chiefs of police appointed by the Senate Minority Leader;
23 (11) a representative of an association representing
24 hospitals appointed by the Speaker of the House of
25 Representatives;
26 (12) a representative of an association representing

HB4327- 58 -LRB103 34892 RLC 64759 b
1 counties appointed by the President of the Senate; and
2 (13) a representative of an association representing
3 municipalities appointed by the Speaker of the House of
4 Representatives.
5 (c) The Illinois Criminal Justice Information Authority
6shall provide administrative and other support to the Task
7Force. The Illinois State Police Division of Justice Services
8shall also provide support to the Illinois Criminal Justice
9Information Authority and the Task Force.
10 (d) The Task Force may meet in person or virtually and
11shall issue a written report of its findings and
12recommendations to General Assembly on or before July 1, 2022.
13The Task Force shall issue an annual report, which shall
14include information on the state of FOID data, including a
15review of previous activity by the Task Force to close
16previously identified gaps; identifying known (or new) gaps; a
17proposal of policy and practice recommendations to close those
18gaps; and a preview of expected activities of the Task Force
19for the coming year.
20 (e) Within 60 days of the effective date of this
21amendatory Act of the 102nd General Assembly, the Chair shall
22establish the Task Force.
23 (f) This Section is repealed on July 1, 2027.
24(Source: P.A. 102-237, eff. 1-1-22.)
25 Section 70. The State Finance Act is amended by changing

HB4327- 59 -LRB103 34892 RLC 64759 b
1Sections 6z-99 and 6z-127 as follows:
2 (30 ILCS 105/6z-99)
3 Sec. 6z-99. The Mental Health Reporting Fund.
4 (a) There is created in the State treasury a special fund
5known as the Mental Health Reporting Fund. The Fund shall
6receive revenue under the Firearm Concealed Carry Act. The
7Fund may also receive revenue from grants, pass-through
8grants, donations, appropriations, and any other legal source.
9 (b) The Illinois State Police and Department of Human
10Services shall coordinate to use moneys in the Fund to finance
11their respective duties of collecting and reporting data on
12mental health records and ensuring that mental health firearm
13possession prohibitors are enforced as set forth under the
14Firearm Concealed Carry Act and the Firearm Owners
15Identification Card Act. Any surplus in the Fund beyond what
16is necessary to ensure compliance with mental health reporting
17under that Act these Acts shall be used by the Department of
18Human Services for mental health treatment programs as
19follows: (1) 50% shall be used to fund community-based mental
20health programs aimed at reducing gun violence, community
21integration and education, or mental health awareness and
22prevention, including administrative costs; and (2) 50% shall
23be used to award grants that use and promote the National
24School Mental Health Curriculum model for school-based mental
25health support, integration, and services.

HB4327- 60 -LRB103 34892 RLC 64759 b
1 (c) Investment income that is attributable to the
2investment of moneys in the Fund shall be retained in the Fund
3for the uses specified in this Section.
4(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
5102-813, eff. 5-13-22.)
6 (30 ILCS 105/6z-127)
7 Sec. 6z-127. State Police Revocation Enforcement Fund.
8 (a) The State Police Revocation Enforcement Fund is
9established as a special fund in the State treasury. This Fund
10is established to receive moneys from the Firearm Owners
11Identification Card Act to enforce that Act, the Firearm
12Concealed Carry Act, Article 24 of the Criminal Code of 2012,
13and other firearm offenses. The Fund may also receive revenue
14from grants, donations, appropriations, and any other legal
15source.
16 (b) The Illinois State Police may use moneys from the Fund
17to establish task forces and, if necessary, include other law
18enforcement agencies, under intergovernmental contracts
19written and executed in conformity with the Intergovernmental
20Cooperation Act.
21 (c) The Illinois State Police may use moneys in the Fund to
22hire and train State Police officers and for the prevention of
23violent crime.
24 (d) The State Police Revocation Enforcement Fund is not
25subject to administrative chargebacks.

HB4327- 61 -LRB103 34892 RLC 64759 b
1 (e) (Blank). Law enforcement agencies that participate in
2Firearm Owner's Identification Card revocation enforcement in
3the Violent Crime Intelligence Task Force may apply for grants
4from the Illinois State Police.
5 (f) Any surplus in the Fund beyond what is necessary to
6ensure compliance with subsections (a) through (e) or moneys
7that are specifically appropriated for those purposes shall be
8used by the Illinois State Police to award grants to assist
9with the data reporting requirements of the Gun Trafficking
10Information Act.
11(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22;
12103-34, eff. 6-9-23.)
13 Section 75. The Illinois Procurement Code is amended by
14changing Section 1-10 as follows:
15 (30 ILCS 500/1-10)
16 Sec. 1-10. Application.
17 (a) This Code applies only to procurements for which
18bidders, offerors, potential contractors, or contractors were
19first solicited on or after July 1, 1998. This Code shall not
20be construed to affect or impair any contract, or any
21provision of a contract, entered into based on a solicitation
22prior to the implementation date of this Code as described in
23Article 99, including, but not limited to, any covenant
24entered into with respect to any revenue bonds or similar

HB4327- 62 -LRB103 34892 RLC 64759 b
1instruments. All procurements for which contracts are
2solicited between the effective date of Articles 50 and 99 and
3July 1, 1998 shall be substantially in accordance with this
4Code and its intent.
5 (b) This Code shall apply regardless of the source of the
6funds with which the contracts are paid, including federal
7assistance moneys. This Code shall not apply to:
8 (1) Contracts between the State and its political
9 subdivisions or other governments, or between State
10 governmental bodies, except as specifically provided in
11 this Code.
12 (2) Grants, except for the filing requirements of
13 Section 20-80.
14 (3) Purchase of care, except as provided in Section
15 5-30.6 of the Illinois Public Aid Code and this Section.
16 (4) Hiring of an individual as an employee and not as
17 an independent contractor, whether pursuant to an
18 employment code or policy or by contract directly with
19 that individual.
20 (5) Collective bargaining contracts.
21 (6) Purchase of real estate, except that notice of
22 this type of contract with a value of more than $25,000
23 must be published in the Procurement Bulletin within 10
24 calendar days after the deed is recorded in the county of
25 jurisdiction. The notice shall identify the real estate
26 purchased, the names of all parties to the contract, the

HB4327- 63 -LRB103 34892 RLC 64759 b
1 value of the contract, and the effective date of the
2 contract.
3 (7) Contracts necessary to prepare for anticipated
4 litigation, enforcement actions, or investigations,
5 provided that the chief legal counsel to the Governor
6 shall give his or her prior approval when the procuring
7 agency is one subject to the jurisdiction of the Governor,
8 and provided that the chief legal counsel of any other
9 procuring entity subject to this Code shall give his or
10 her prior approval when the procuring entity is not one
11 subject to the jurisdiction of the Governor.
12 (8) (Blank).
13 (9) Procurement expenditures by the Illinois
14 Conservation Foundation when only private funds are used.
15 (10) (Blank).
16 (11) Public-private agreements entered into according
17 to the procurement requirements of Section 20 of the
18 Public-Private Partnerships for Transportation Act and
19 design-build agreements entered into according to the
20 procurement requirements of Section 25 of the
21 Public-Private Partnerships for Transportation Act.
22 (12) (A) Contracts for legal, financial, and other
23 professional and artistic services entered into by the
24 Illinois Finance Authority in which the State of Illinois
25 is not obligated. Such contracts shall be awarded through
26 a competitive process authorized by the members of the

HB4327- 64 -LRB103 34892 RLC 64759 b
1 Illinois Finance Authority and are subject to Sections
2 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
3 as well as the final approval by the members of the
4 Illinois Finance Authority of the terms of the contract.
5 (B) Contracts for legal and financial services entered
6 into by the Illinois Housing Development Authority in
7 connection with the issuance of bonds in which the State
8 of Illinois is not obligated. Such contracts shall be
9 awarded through a competitive process authorized by the
10 members of the Illinois Housing Development Authority and
11 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
12 and 50-37 of this Code, as well as the final approval by
13 the members of the Illinois Housing Development Authority
14 of the terms of the contract.
15 (13) Contracts for services, commodities, and
16 equipment to support the delivery of timely forensic
17 science services in consultation with and subject to the
18 approval of the Chief Procurement Officer as provided in
19 subsection (d) of Section 5-4-3a of the Unified Code of
20 Corrections, except for the requirements of Sections
21 20-60, 20-65, 20-70, and 20-160 and Article 50 of this
22 Code; however, the Chief Procurement Officer may, in
23 writing with justification, waive any certification
24 required under Article 50 of this Code. For any contracts
25 for services which are currently provided by members of a
26 collective bargaining agreement, the applicable terms of

HB4327- 65 -LRB103 34892 RLC 64759 b
1 the collective bargaining agreement concerning
2 subcontracting shall be followed.
3 On and after January 1, 2019, this paragraph (13),
4 except for this sentence, is inoperative.
5 (14) Contracts for participation expenditures required
6 by a domestic or international trade show or exhibition of
7 an exhibitor, member, or sponsor.
8 (15) Contracts with a railroad or utility that
9 requires the State to reimburse the railroad or utilities
10 for the relocation of utilities for construction or other
11 public purpose. Contracts included within this paragraph
12 (15) shall include, but not be limited to, those
13 associated with: relocations, crossings, installations,
14 and maintenance. For the purposes of this paragraph (15),
15 "railroad" means any form of non-highway ground
16 transportation that runs on rails or electromagnetic
17 guideways and "utility" means: (1) public utilities as
18 defined in Section 3-105 of the Public Utilities Act, (2)
19 telecommunications carriers as defined in Section 13-202
20 of the Public Utilities Act, (3) electric cooperatives as
21 defined in Section 3.4 of the Electric Supplier Act, (4)
22 telephone or telecommunications cooperatives as defined in
23 Section 13-212 of the Public Utilities Act, (5) rural
24 water or waste water systems with 10,000 connections or
25 less, (6) a holder as defined in Section 21-201 of the
26 Public Utilities Act, and (7) municipalities owning or

HB4327- 66 -LRB103 34892 RLC 64759 b
1 operating utility systems consisting of public utilities
2 as that term is defined in Section 11-117-2 of the
3 Illinois Municipal Code.
4 (16) Procurement expenditures necessary for the
5 Department of Public Health to provide the delivery of
6 timely newborn screening services in accordance with the
7 Newborn Metabolic Screening Act.
8 (17) Procurement expenditures necessary for the
9 Department of Agriculture, the Department of Financial and
10 Professional Regulation, the Department of Human Services,
11 and the Department of Public Health to implement the
12 Compassionate Use of Medical Cannabis Program and Opioid
13 Alternative Pilot Program requirements and ensure access
14 to medical cannabis for patients with debilitating medical
15 conditions in accordance with the Compassionate Use of
16 Medical Cannabis Program Act.
17 (18) This Code does not apply to any procurements
18 necessary for the Department of Agriculture, the
19 Department of Financial and Professional Regulation, the
20 Department of Human Services, the Department of Commerce
21 and Economic Opportunity, and the Department of Public
22 Health to implement the Cannabis Regulation and Tax Act if
23 the applicable agency has made a good faith determination
24 that it is necessary and appropriate for the expenditure
25 to fall within this exemption and if the process is
26 conducted in a manner substantially in accordance with the

HB4327- 67 -LRB103 34892 RLC 64759 b
1 requirements of Sections 20-160, 25-60, 30-22, 50-5,
2 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
3 50-36, 50-37, 50-38, and 50-50 of this Code; however, for
4 Section 50-35, compliance applies only to contracts or
5 subcontracts over $100,000. Notice of each contract
6 entered into under this paragraph (18) that is related to
7 the procurement of goods and services identified in
8 paragraph (1) through (9) of this subsection shall be
9 published in the Procurement Bulletin within 14 calendar
10 days after contract execution. The Chief Procurement
11 Officer shall prescribe the form and content of the
12 notice. Each agency shall provide the Chief Procurement
13 Officer, on a monthly basis, in the form and content
14 prescribed by the Chief Procurement Officer, a report of
15 contracts that are related to the procurement of goods and
16 services identified in this subsection. At a minimum, this
17 report shall include the name of the contractor, a
18 description of the supply or service provided, the total
19 amount of the contract, the term of the contract, and the
20 exception to this Code utilized. A copy of any or all of
21 these contracts shall be made available to the Chief
22 Procurement Officer immediately upon request. The Chief
23 Procurement Officer shall submit a report to the Governor
24 and General Assembly no later than November 1 of each year
25 that includes, at a minimum, an annual summary of the
26 monthly information reported to the Chief Procurement

HB4327- 68 -LRB103 34892 RLC 64759 b
1 Officer. This exemption becomes inoperative 5 years after
2 June 25, 2019 (the effective date of Public Act 101-27).
3 (19) Acquisition of modifications or adjustments,
4 limited to assistive technology devices and assistive
5 technology services, adaptive equipment, repairs, and
6 replacement parts to provide reasonable accommodations (i)
7 that enable a qualified applicant with a disability to
8 complete the job application process and be considered for
9 the position such qualified applicant desires, (ii) that
10 modify or adjust the work environment to enable a
11 qualified current employee with a disability to perform
12 the essential functions of the position held by that
13 employee, (iii) to enable a qualified current employee
14 with a disability to enjoy equal benefits and privileges
15 of employment as are enjoyed by other similarly situated
16 employees without disabilities, and (iv) that allow a
17 customer, client, claimant, or member of the public
18 seeking State services full use and enjoyment of and
19 access to its programs, services, or benefits.
20 For purposes of this paragraph (19):
21 "Assistive technology devices" means any item, piece
22 of equipment, or product system, whether acquired
23 commercially off the shelf, modified, or customized, that
24 is used to increase, maintain, or improve functional
25 capabilities of individuals with disabilities.
26 "Assistive technology services" means any service that

HB4327- 69 -LRB103 34892 RLC 64759 b
1 directly assists an individual with a disability in
2 selection, acquisition, or use of an assistive technology
3 device.
4 "Qualified" has the same meaning and use as provided
5 under the federal Americans with Disabilities Act when
6 describing an individual with a disability.
7 (20) Procurement expenditures necessary for the
8 Illinois Commerce Commission to hire third-party
9 facilitators pursuant to Sections 16-105.17 and 16-108.18
10 of the Public Utilities Act or an ombudsman pursuant to
11 Section 16-107.5 of the Public Utilities Act, a
12 facilitator pursuant to Section 16-105.17 of the Public
13 Utilities Act, or a grid auditor pursuant to Section
14 16-105.10 of the Public Utilities Act.
15 (21) Procurement expenditures for the purchase,
16 renewal, and expansion of software, software licenses, or
17 software maintenance agreements that support the efforts
18 of the Illinois State Police to enforce, regulate, and
19 administer the Firearm Owners Identification Card Act, the
20 Firearm Concealed Carry Act, the Firearms Restraining
21 Order Act, the Firearm Dealer License Certification Act,
22 the Law Enforcement Agencies Data System (LEADS), the
23 Uniform Crime Reporting Act, the Criminal Identification
24 Act, the Illinois Uniform Conviction Information Act, and
25 the Gun Trafficking Information Act, or establish or
26 maintain record management systems necessary to conduct

HB4327- 70 -LRB103 34892 RLC 64759 b
1 human trafficking investigations or gun trafficking or
2 other stolen firearm investigations. This paragraph (21)
3 applies to contracts entered into on or after January 10,
4 2023 (the effective date of Public Act 102-1116) this
5 amendatory Act of the 102nd General Assembly and the
6 renewal of contracts that are in effect on January 10,
7 2023 (the effective date of Public Act 102-1116) this
8 amendatory Act of the 102nd General Assembly.
9 (22) Contracts for project management services and
10 system integration services required for the completion of
11 the State's enterprise resource planning project. This
12 exemption becomes inoperative 5 years after June 7, 2023
13 (the effective date of the changes made to this Section by
14 Public Act 103-8) this amendatory Act of the 103rd General
15 Assembly. This paragraph (22) applies to contracts entered
16 into on or after June 7, 2023 (the effective date of the
17 changes made to this Section by Public Act 103-8) this
18 amendatory Act of the 103rd General Assembly and the
19 renewal of contracts that are in effect on June 7, 2023
20 (the effective date of the changes made to this Section by
21 Public Act 103-8) this amendatory Act of the 103rd General
22 Assembly.
23 (23) (22) Procurements necessary for the Department of
24 Insurance to implement the Illinois Health Benefits
25 Exchange Law if the Department of Insurance has made a
26 good faith determination that it is necessary and

HB4327- 71 -LRB103 34892 RLC 64759 b
1 appropriate for the expenditure to fall within this
2 exemption. The procurement process shall be conducted in a
3 manner substantially in accordance with the requirements
4 of Sections 20-160 and 25-60 and Article 50 of this Code. A
5 copy of these contracts shall be made available to the
6 Chief Procurement Officer immediately upon request. This
7 paragraph is inoperative 5 years after June 27, 2023 (the
8 effective date of Public Act 103-103) this amendatory Act
9 of the 103rd General Assembly.
10 Notwithstanding any other provision of law, for contracts
11with an annual value of more than $100,000 entered into on or
12after October 1, 2017 under an exemption provided in any
13paragraph of this subsection (b), except paragraph (1), (2),
14or (5), each State agency shall post to the appropriate
15procurement bulletin the name of the contractor, a description
16of the supply or service provided, the total amount of the
17contract, the term of the contract, and the exception to the
18Code utilized. The chief procurement officer shall submit a
19report to the Governor and General Assembly no later than
20November 1 of each year that shall include, at a minimum, an
21annual summary of the monthly information reported to the
22chief procurement officer.
23 (c) This Code does not apply to the electric power
24procurement process provided for under Section 1-75 of the
25Illinois Power Agency Act and Section 16-111.5 of the Public
26Utilities Act.

HB4327- 72 -LRB103 34892 RLC 64759 b
1 (d) Except for Section 20-160 and Article 50 of this Code,
2and as expressly required by Section 9.1 of the Illinois
3Lottery Law, the provisions of this Code do not apply to the
4procurement process provided for under Section 9.1 of the
5Illinois Lottery Law.
6 (e) This Code does not apply to the process used by the
7Capital Development Board to retain a person or entity to
8assist the Capital Development Board with its duties related
9to the determination of costs of a clean coal SNG brownfield
10facility, as defined by Section 1-10 of the Illinois Power
11Agency Act, as required in subsection (h-3) of Section 9-220
12of the Public Utilities Act, including calculating the range
13of capital costs, the range of operating and maintenance
14costs, or the sequestration costs or monitoring the
15construction of clean coal SNG brownfield facility for the
16full duration of construction.
17 (f) (Blank).
18 (g) (Blank).
19 (h) This Code does not apply to the process to procure or
20contracts entered into in accordance with Sections 11-5.2 and
2111-5.3 of the Illinois Public Aid Code.
22 (i) Each chief procurement officer may access records
23necessary to review whether a contract, purchase, or other
24expenditure is or is not subject to the provisions of this
25Code, unless such records would be subject to attorney-client
26privilege.

HB4327- 73 -LRB103 34892 RLC 64759 b
1 (j) This Code does not apply to the process used by the
2Capital Development Board to retain an artist or work or works
3of art as required in Section 14 of the Capital Development
4Board Act.
5 (k) This Code does not apply to the process to procure
6contracts, or contracts entered into, by the State Board of
7Elections or the State Electoral Board for hearing officers
8appointed pursuant to the Election Code.
9 (l) This Code does not apply to the processes used by the
10Illinois Student Assistance Commission to procure supplies and
11services paid for from the private funds of the Illinois
12Prepaid Tuition Fund. As used in this subsection (l), "private
13funds" means funds derived from deposits paid into the
14Illinois Prepaid Tuition Trust Fund and the earnings thereon.
15 (m) This Code shall apply regardless of the source of
16funds with which contracts are paid, including federal
17assistance moneys. Except as specifically provided in this
18Code, this Code shall not apply to procurement expenditures
19necessary for the Department of Public Health to conduct the
20Healthy Illinois Survey in accordance with Section 2310-431 of
21the Department of Public Health Powers and Duties Law of the
22Civil Administrative Code of Illinois.
23(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
24102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
259-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
26102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.

HB4327- 74 -LRB103 34892 RLC 64759 b
16-27-23; revised 9-5-23.)
2 Section 80. The Intergovernmental Drug Laws Enforcement
3Act is amended by changing Section 3 as follows:
4 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
5 Sec. 3. A Metropolitan Enforcement Group which meets the
6minimum criteria established in this Section is eligible to
7receive State grants to help defray the costs of operation. To
8be eligible a MEG must:
9 (1) Be established and operating pursuant to
10 intergovernmental contracts written and executed in
11 conformity with the Intergovernmental Cooperation Act, and
12 involve 2 or more units of local government.
13 (2) Establish a MEG Policy Board composed of an
14 elected official, or his designee, and the chief law
15 enforcement officer, or his designee, from each
16 participating unit of local government to oversee the
17 operations of the MEG and make such reports to the
18 Illinois State Police as the Illinois State Police may
19 require.
20 (3) Designate a single appropriate elected official of
21 a participating unit of local government to act as the
22 financial officer of the MEG for all participating units
23 of local government and to receive funds for the operation
24 of the MEG.

HB4327- 75 -LRB103 34892 RLC 64759 b
1 (4) Limit its operations to enforcement of drug laws;
2 enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
3 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,
4 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,
5 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code
6 of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm
7 Owners Identification Card Act; and the investigation of
8 streetgang related offenses.
9 (5) Cooperate with the Illinois State Police in order
10 to assure compliance with this Act and to enable the
11 Illinois State Police to fulfill its duties under this
12 Act, and supply the Illinois State Police with all
13 information the Illinois State Police deems necessary
14 therefor.
15 (6) Receive funding of at least 50% of the total
16 operating budget of the MEG from the participating units
17 of local government.
18(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
19102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
20 Section 85. The Peace Officer Firearm Training Act is
21amended by changing Section 1 as follows:
22 (50 ILCS 710/1) (from Ch. 85, par. 515)
23 Sec. 1. Definitions. As used in this Act:
24 (a) "Peace officer" means (i) any person who by virtue of

HB4327- 76 -LRB103 34892 RLC 64759 b
1his office or public employment is vested by law with a primary
2duty to maintain public order or to make arrests for offenses,
3whether that duty extends to all offenses or is limited to
4specific offenses, and who is employed in such capacity by any
5county or municipality or (ii) any retired law enforcement
6officers qualified under federal law to carry a concealed
7weapon.
8 (a-5) "Probation officer" means a county probation officer
9authorized by the Chief Judge of the Circuit Court to carry a
10firearm as part of his or her duties under Section 12 of the
11Probation and Probation Officers Act and Section 24-2 of the
12Criminal Code of 2012.
13 (b) "Firearms" means any weapon or device defined as a
14firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
15"An Act relating to the acquisition, possession and transfer
16of firearms and firearm ammunition, to provide a penalty for
17the violation thereof and to make an appropriation in
18connection therewith", approved August 3, 1967, as amended.
19(Source: P.A. 98-725, eff. 1-1-15.)
20 (50 ILCS 725/7.2 rep.)
21 Section 90. The Uniform Peace Officers' Disciplinary Act
22is amended by repealing Section 7.2.
23 Section 95. The Counties Code is amended by changing
24Section 3-6042 as follows:

HB4327- 77 -LRB103 34892 RLC 64759 b
1 (55 ILCS 5/3-6042)
2 Sec. 3-6042. Retiring employee; purchase of service
3firearm and badge. Each Sheriff shall establish a program to
4allow an employee of the Sheriff's Department who is honorably
5retiring in good standing to purchase either one or both of the
6following: (1) any badge previously issued to the employee by
7the Sheriff's Department; or (2) if the employee has a
8currently valid Firearm Owner's Identification Card, the
9service firearm issued or previously issued to the employee by
10the Sheriff's Department. The badge must be permanently and
11conspicuously marked in such a manner that the individual who
12possesses the badge is not mistaken for an actively serving
13law enforcement officer. The cost of the firearm shall be the
14replacement value of the firearm and not the firearm's fair
15market value.
16(Source: P.A. 102-719, eff. 5-6-22.)
17 Section 100. The School Code is amended by changing
18Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
19 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
20 (Text of Section before amendment by P.A. 102-466)
21 Sec. 10-22.6. Suspension or expulsion of pupils; school
22searches.
23 (a) To expel pupils guilty of gross disobedience or

HB4327- 78 -LRB103 34892 RLC 64759 b
1misconduct, including gross disobedience or misconduct
2perpetuated by electronic means, pursuant to subsection (b-20)
3of this Section, and no action shall lie against them for such
4expulsion. Expulsion shall take place only after the parents
5have been requested to appear at a meeting of the board, or
6with a hearing officer appointed by it, to discuss their
7child's behavior. Such request shall be made by registered or
8certified mail and shall state the time, place and purpose of
9the meeting. The board, or a hearing officer appointed by it,
10at such meeting shall state the reasons for dismissal and the
11date on which the expulsion is to become effective. If a
12hearing officer is appointed by the board, he shall report to
13the board a written summary of the evidence heard at the
14meeting and the board may take such action thereon as it finds
15appropriate. If the board acts to expel a pupil, the written
16expulsion decision shall detail the specific reasons why
17removing the pupil from the learning environment is in the
18best interest of the school. The expulsion decision shall also
19include a rationale as to the specific duration of the
20expulsion. An expelled pupil may be immediately transferred to
21an alternative program in the manner provided in Article 13A
22or 13B of this Code. A pupil must not be denied transfer
23because of the expulsion, except in cases in which such
24transfer is deemed to cause a threat to the safety of students
25or staff in the alternative program.
26 (b) To suspend or by policy to authorize the

HB4327- 79 -LRB103 34892 RLC 64759 b
1superintendent of the district or the principal, assistant
2principal, or dean of students of any school to suspend pupils
3guilty of gross disobedience or misconduct, or to suspend
4pupils guilty of gross disobedience or misconduct on the
5school bus from riding the school bus, pursuant to subsections
6(b-15) and (b-20) of this Section, and no action shall lie
7against them for such suspension. The board may by policy
8authorize the superintendent of the district or the principal,
9assistant principal, or dean of students of any school to
10suspend pupils guilty of such acts for a period not to exceed
1110 school days. If a pupil is suspended due to gross
12disobedience or misconduct on a school bus, the board may
13suspend the pupil in excess of 10 school days for safety
14reasons.
15 Any suspension shall be reported immediately to the
16parents or guardian of a pupil along with a full statement of
17the reasons for such suspension and a notice of their right to
18a review. The school board must be given a summary of the
19notice, including the reason for the suspension and the
20suspension length. Upon request of the parents or guardian,
21the school board or a hearing officer appointed by it shall
22review such action of the superintendent or principal,
23assistant principal, or dean of students. At such review, the
24parents or guardian of the pupil may appear and discuss the
25suspension with the board or its hearing officer. If a hearing
26officer is appointed by the board, he shall report to the board

HB4327- 80 -LRB103 34892 RLC 64759 b
1a written summary of the evidence heard at the meeting. After
2its hearing or upon receipt of the written report of its
3hearing officer, the board may take such action as it finds
4appropriate. If a student is suspended pursuant to this
5subsection (b), the board shall, in the written suspension
6decision, detail the specific act of gross disobedience or
7misconduct resulting in the decision to suspend. The
8suspension decision shall also include a rationale as to the
9specific duration of the suspension. A pupil who is suspended
10in excess of 20 school days may be immediately transferred to
11an alternative program in the manner provided in Article 13A
12or 13B of this Code. A pupil must not be denied transfer
13because of the suspension, except in cases in which such
14transfer is deemed to cause a threat to the safety of students
15or staff in the alternative program.
16 (b-5) Among the many possible disciplinary interventions
17and consequences available to school officials, school
18exclusions, such as out-of-school suspensions and expulsions,
19are the most serious. School officials shall limit the number
20and duration of expulsions and suspensions to the greatest
21extent practicable, and it is recommended that they use them
22only for legitimate educational purposes. To ensure that
23students are not excluded from school unnecessarily, it is
24recommended that school officials consider forms of
25non-exclusionary discipline prior to using out-of-school
26suspensions or expulsions.

HB4327- 81 -LRB103 34892 RLC 64759 b
1 (b-10) Unless otherwise required by federal law or this
2Code, school boards may not institute zero-tolerance policies
3by which school administrators are required to suspend or
4expel students for particular behaviors.
5 (b-15) Out-of-school suspensions of 3 days or less may be
6used only if the student's continuing presence in school would
7pose a threat to school safety or a disruption to other
8students' learning opportunities. For purposes of this
9subsection (b-15), "threat to school safety or a disruption to
10other students' learning opportunities" shall be determined on
11a case-by-case basis by the school board or its designee.
12School officials shall make all reasonable efforts to resolve
13such threats, address such disruptions, and minimize the
14length of suspensions to the greatest extent practicable.
15 (b-20) Unless otherwise required by this Code,
16out-of-school suspensions of longer than 3 days, expulsions,
17and disciplinary removals to alternative schools may be used
18only if other appropriate and available behavioral and
19disciplinary interventions have been exhausted and the
20student's continuing presence in school would either (i) pose
21a threat to the safety of other students, staff, or members of
22the school community or (ii) substantially disrupt, impede, or
23interfere with the operation of the school. For purposes of
24this subsection (b-20), "threat to the safety of other
25students, staff, or members of the school community" and
26"substantially disrupt, impede, or interfere with the

HB4327- 82 -LRB103 34892 RLC 64759 b
1operation of the school" shall be determined on a case-by-case
2basis by school officials. For purposes of this subsection
3(b-20), the determination of whether "appropriate and
4available behavioral and disciplinary interventions have been
5exhausted" shall be made by school officials. School officials
6shall make all reasonable efforts to resolve such threats,
7address such disruptions, and minimize the length of student
8exclusions to the greatest extent practicable. Within the
9suspension decision described in subsection (b) of this
10Section or the expulsion decision described in subsection (a)
11of this Section, it shall be documented whether other
12interventions were attempted or whether it was determined that
13there were no other appropriate and available interventions.
14 (b-25) Students who are suspended out-of-school for longer
15than 4 school days shall be provided appropriate and available
16support services during the period of their suspension. For
17purposes of this subsection (b-25), "appropriate and available
18support services" shall be determined by school authorities.
19Within the suspension decision described in subsection (b) of
20this Section, it shall be documented whether such services are
21to be provided or whether it was determined that there are no
22such appropriate and available services.
23 A school district may refer students who are expelled to
24appropriate and available support services.
25 A school district shall create a policy to facilitate the
26re-engagement of students who are suspended out-of-school,

HB4327- 83 -LRB103 34892 RLC 64759 b
1expelled, or returning from an alternative school setting.
2 (b-30) A school district shall create a policy by which
3suspended pupils, including those pupils suspended from the
4school bus who do not have alternate transportation to school,
5shall have the opportunity to make up work for equivalent
6academic credit. It shall be the responsibility of a pupil's
7parent or guardian to notify school officials that a pupil
8suspended from the school bus does not have alternate
9transportation to school.
10 (c) A school board must invite a representative from a
11local mental health agency to consult with the board at the
12meeting whenever there is evidence that mental illness may be
13the cause of a student's expulsion or suspension.
14 (c-5) School districts shall make reasonable efforts to
15provide ongoing professional development to teachers,
16administrators, school board members, school resource
17officers, and staff on the adverse consequences of school
18exclusion and justice-system involvement, effective classroom
19management strategies, culturally responsive discipline, the
20appropriate and available supportive services for the
21promotion of student attendance and engagement, and
22developmentally appropriate disciplinary methods that promote
23positive and healthy school climates.
24 (d) The board may expel a student for a definite period of
25time not to exceed 2 calendar years, as determined on a
26case-by-case basis. A student who is determined to have

HB4327- 84 -LRB103 34892 RLC 64759 b
1brought one of the following objects to school, any
2school-sponsored activity or event, or any activity or event
3that bears a reasonable relationship to school shall be
4expelled for a period of not less than one year:
5 (1) A firearm. For the purposes of this Section,
6 "firearm" means any gun, rifle, shotgun, weapon as defined
7 by Section 921 of Title 18 of the United States Code,
8 firearm as defined in Section 2-7.5 1.1 of the Firearm
9 Owners Identification Card Act, or firearm as defined in
10 Section 24-1 of the Criminal Code of 2012. The expulsion
11 period under this subdivision (1) may be modified by the
12 superintendent, and the superintendent's determination may
13 be modified by the board on a case-by-case basis.
14 (2) A knife, brass knuckles or other knuckle weapon
15 regardless of its composition, a billy club, or any other
16 object if used or attempted to be used to cause bodily
17 harm, including "look alikes" of any firearm as defined in
18 subdivision (1) of this subsection (d). The expulsion
19 requirement under this subdivision (2) may be modified by
20 the superintendent, and the superintendent's determination
21 may be modified by the board on a case-by-case basis.
22Expulsion or suspension shall be construed in a manner
23consistent with the federal Individuals with Disabilities
24Education Act. A student who is subject to suspension or
25expulsion as provided in this Section may be eligible for a
26transfer to an alternative school program in accordance with

HB4327- 85 -LRB103 34892 RLC 64759 b
1Article 13A of the School Code.
2 (d-5) The board may suspend or by regulation authorize the
3superintendent of the district or the principal, assistant
4principal, or dean of students of any school to suspend a
5student for a period not to exceed 10 school days or may expel
6a student for a definite period of time not to exceed 2
7calendar years, as determined on a case-by-case basis, if (i)
8that student has been determined to have made an explicit
9threat on an Internet website against a school employee, a
10student, or any school-related personnel, (ii) the Internet
11website through which the threat was made is a site that was
12accessible within the school at the time the threat was made or
13was available to third parties who worked or studied within
14the school grounds at the time the threat was made, and (iii)
15the threat could be reasonably interpreted as threatening to
16the safety and security of the threatened individual because
17of his or her duties or employment status or status as a
18student inside the school.
19 (e) To maintain order and security in the schools, school
20authorities may inspect and search places and areas such as
21lockers, desks, parking lots, and other school property and
22equipment owned or controlled by the school, as well as
23personal effects left in those places and areas by students,
24without notice to or the consent of the student, and without a
25search warrant. As a matter of public policy, the General
26Assembly finds that students have no reasonable expectation of

HB4327- 86 -LRB103 34892 RLC 64759 b
1privacy in these places and areas or in their personal effects
2left in these places and areas. School authorities may request
3the assistance of law enforcement officials for the purpose of
4conducting inspections and searches of lockers, desks, parking
5lots, and other school property and equipment owned or
6controlled by the school for illegal drugs, weapons, or other
7illegal or dangerous substances or materials, including
8searches conducted through the use of specially trained dogs.
9If a search conducted in accordance with this Section produces
10evidence that the student has violated or is violating either
11the law, local ordinance, or the school's policies or rules,
12such evidence may be seized by school authorities, and
13disciplinary action may be taken. School authorities may also
14turn over such evidence to law enforcement authorities.
15 (f) Suspension or expulsion may include suspension or
16expulsion from school and all school activities and a
17prohibition from being present on school grounds.
18 (g) A school district may adopt a policy providing that if
19a student is suspended or expelled for any reason from any
20public or private school in this or any other state, the
21student must complete the entire term of the suspension or
22expulsion in an alternative school program under Article 13A
23of this Code or an alternative learning opportunities program
24under Article 13B of this Code before being admitted into the
25school district if there is no threat to the safety of students
26or staff in the alternative program.

HB4327- 87 -LRB103 34892 RLC 64759 b
1 (h) School officials shall not advise or encourage
2students to drop out voluntarily due to behavioral or academic
3difficulties.
4 (i) A student may not be issued a monetary fine or fee as a
5disciplinary consequence, though this shall not preclude
6requiring a student to provide restitution for lost, stolen,
7or damaged property.
8 (j) Subsections (a) through (i) of this Section shall
9apply to elementary and secondary schools, charter schools,
10special charter districts, and school districts organized
11under Article 34 of this Code.
12 (k) The expulsion of children enrolled in programs funded
13under Section 1C-2 of this Code is subject to the requirements
14under paragraph (7) of subsection (a) of Section 2-3.71 of
15this Code.
16 (l) Beginning with the 2018-2019 school year, an in-school
17suspension program provided by a school district for any
18students in kindergarten through grade 12 may focus on
19promoting non-violent conflict resolution and positive
20interaction with other students and school personnel. A school
21district may employ a school social worker or a licensed
22mental health professional to oversee an in-school suspension
23program in kindergarten through grade 12.
24(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
25102-813, eff. 5-13-22.)

HB4327- 88 -LRB103 34892 RLC 64759 b
1 (Text of Section after amendment by P.A. 102-466)
2 Sec. 10-22.6. Suspension or expulsion of pupils; school
3searches.
4 (a) To expel pupils guilty of gross disobedience or
5misconduct, including gross disobedience or misconduct
6perpetuated by electronic means, pursuant to subsection (b-20)
7of this Section, and no action shall lie against them for such
8expulsion. Expulsion shall take place only after the parents
9or guardians have been requested to appear at a meeting of the
10board, or with a hearing officer appointed by it, to discuss
11their child's behavior. Such request shall be made by
12registered or certified mail and shall state the time, place
13and purpose of the meeting. The board, or a hearing officer
14appointed by it, at such meeting shall state the reasons for
15dismissal and the date on which the expulsion is to become
16effective. If a hearing officer is appointed by the board, he
17shall report to the board a written summary of the evidence
18heard at the meeting and the board may take such action thereon
19as it finds appropriate. If the board acts to expel a pupil,
20the written expulsion decision shall detail the specific
21reasons why removing the pupil from the learning environment
22is in the best interest of the school. The expulsion decision
23shall also include a rationale as to the specific duration of
24the expulsion. An expelled pupil may be immediately
25transferred to an alternative program in the manner provided
26in Article 13A or 13B of this Code. A pupil must not be denied

HB4327- 89 -LRB103 34892 RLC 64759 b
1transfer because of the expulsion, except in cases in which
2such transfer is deemed to cause a threat to the safety of
3students or staff in the alternative program.
4 (b) To suspend or by policy to authorize the
5superintendent of the district or the principal, assistant
6principal, or dean of students of any school to suspend pupils
7guilty of gross disobedience or misconduct, or to suspend
8pupils guilty of gross disobedience or misconduct on the
9school bus from riding the school bus, pursuant to subsections
10(b-15) and (b-20) of this Section, and no action shall lie
11against them for such suspension. The board may by policy
12authorize the superintendent of the district or the principal,
13assistant principal, or dean of students of any school to
14suspend pupils guilty of such acts for a period not to exceed
1510 school days. If a pupil is suspended due to gross
16disobedience or misconduct on a school bus, the board may
17suspend the pupil in excess of 10 school days for safety
18reasons.
19 Any suspension shall be reported immediately to the
20parents or guardians of a pupil along with a full statement of
21the reasons for such suspension and a notice of their right to
22a review. The school board must be given a summary of the
23notice, including the reason for the suspension and the
24suspension length. Upon request of the parents or guardians,
25the school board or a hearing officer appointed by it shall
26review such action of the superintendent or principal,

HB4327- 90 -LRB103 34892 RLC 64759 b
1assistant principal, or dean of students. At such review, the
2parents or guardians of the pupil may appear and discuss the
3suspension with the board or its hearing officer. If a hearing
4officer is appointed by the board, he shall report to the board
5a written summary of the evidence heard at the meeting. After
6its hearing or upon receipt of the written report of its
7hearing officer, the board may take such action as it finds
8appropriate. If a student is suspended pursuant to this
9subsection (b), the board shall, in the written suspension
10decision, detail the specific act of gross disobedience or
11misconduct resulting in the decision to suspend. The
12suspension decision shall also include a rationale as to the
13specific duration of the suspension. A pupil who is suspended
14in excess of 20 school days may be immediately transferred to
15an alternative program in the manner provided in Article 13A
16or 13B of this Code. A pupil must not be denied transfer
17because of the suspension, except in cases in which such
18transfer is deemed to cause a threat to the safety of students
19or staff in the alternative program.
20 (b-5) Among the many possible disciplinary interventions
21and consequences available to school officials, school
22exclusions, such as out-of-school suspensions and expulsions,
23are the most serious. School officials shall limit the number
24and duration of expulsions and suspensions to the greatest
25extent practicable, and it is recommended that they use them
26only for legitimate educational purposes. To ensure that

HB4327- 91 -LRB103 34892 RLC 64759 b
1students are not excluded from school unnecessarily, it is
2recommended that school officials consider forms of
3non-exclusionary discipline prior to using out-of-school
4suspensions or expulsions.
5 (b-10) Unless otherwise required by federal law or this
6Code, school boards may not institute zero-tolerance policies
7by which school administrators are required to suspend or
8expel students for particular behaviors.
9 (b-15) Out-of-school suspensions of 3 days or less may be
10used only if the student's continuing presence in school would
11pose a threat to school safety or a disruption to other
12students' learning opportunities. For purposes of this
13subsection (b-15), "threat to school safety or a disruption to
14other students' learning opportunities" shall be determined on
15a case-by-case basis by the school board or its designee.
16School officials shall make all reasonable efforts to resolve
17such threats, address such disruptions, and minimize the
18length of suspensions to the greatest extent practicable.
19 (b-20) Unless otherwise required by this Code,
20out-of-school suspensions of longer than 3 days, expulsions,
21and disciplinary removals to alternative schools may be used
22only if other appropriate and available behavioral and
23disciplinary interventions have been exhausted and the
24student's continuing presence in school would either (i) pose
25a threat to the safety of other students, staff, or members of
26the school community or (ii) substantially disrupt, impede, or

HB4327- 92 -LRB103 34892 RLC 64759 b
1interfere with the operation of the school. For purposes of
2this subsection (b-20), "threat to the safety of other
3students, staff, or members of the school community" and
4"substantially disrupt, impede, or interfere with the
5operation of the school" shall be determined on a case-by-case
6basis by school officials. For purposes of this subsection
7(b-20), the determination of whether "appropriate and
8available behavioral and disciplinary interventions have been
9exhausted" shall be made by school officials. School officials
10shall make all reasonable efforts to resolve such threats,
11address such disruptions, and minimize the length of student
12exclusions to the greatest extent practicable. Within the
13suspension decision described in subsection (b) of this
14Section or the expulsion decision described in subsection (a)
15of this Section, it shall be documented whether other
16interventions were attempted or whether it was determined that
17there were no other appropriate and available interventions.
18 (b-25) Students who are suspended out-of-school for longer
19than 4 school days shall be provided appropriate and available
20support services during the period of their suspension. For
21purposes of this subsection (b-25), "appropriate and available
22support services" shall be determined by school authorities.
23Within the suspension decision described in subsection (b) of
24this Section, it shall be documented whether such services are
25to be provided or whether it was determined that there are no
26such appropriate and available services.

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1 A school district may refer students who are expelled to
2appropriate and available support services.
3 A school district shall create a policy to facilitate the
4re-engagement of students who are suspended out-of-school,
5expelled, or returning from an alternative school setting.
6 (b-30) A school district shall create a policy by which
7suspended pupils, including those pupils suspended from the
8school bus who do not have alternate transportation to school,
9shall have the opportunity to make up work for equivalent
10academic credit. It shall be the responsibility of a pupil's
11parents or guardians to notify school officials that a pupil
12suspended from the school bus does not have alternate
13transportation to school.
14 (b-35) In all suspension review hearings conducted under
15subsection (b) or expulsion hearings conducted under
16subsection (a), a student may disclose any factor to be
17considered in mitigation, including his or her status as a
18parent, expectant parent, or victim of domestic or sexual
19violence, as defined in Article 26A. A representative of the
20parent's or guardian's choice, or of the student's choice if
21emancipated, must be permitted to represent the student
22throughout the proceedings and to address the school board or
23its appointed hearing officer. With the approval of the
24student's parent or guardian, or of the student if
25emancipated, a support person must be permitted to accompany
26the student to any disciplinary hearings or proceedings. The

HB4327- 94 -LRB103 34892 RLC 64759 b
1representative or support person must comply with any rules of
2the school district's hearing process. If the representative
3or support person violates the rules or engages in behavior or
4advocacy that harasses, abuses, or intimidates either party, a
5witness, or anyone else in attendance at the hearing, the
6representative or support person may be prohibited from
7further participation in the hearing or proceeding. A
8suspension or expulsion proceeding under this subsection
9(b-35) must be conducted independently from any ongoing
10criminal investigation or proceeding, and an absence of
11pending or possible criminal charges, criminal investigations,
12or proceedings may not be a factor in school disciplinary
13decisions.
14 (b-40) During a suspension review hearing conducted under
15subsection (b) or an expulsion hearing conducted under
16subsection (a) that involves allegations of sexual violence by
17the student who is subject to discipline, neither the student
18nor his or her representative shall directly question nor have
19direct contact with the alleged victim. The student who is
20subject to discipline or his or her representative may, at the
21discretion and direction of the school board or its appointed
22hearing officer, suggest questions to be posed by the school
23board or its appointed hearing officer to the alleged victim.
24 (c) A school board must invite a representative from a
25local mental health agency to consult with the board at the
26meeting whenever there is evidence that mental illness may be

HB4327- 95 -LRB103 34892 RLC 64759 b
1the cause of a student's expulsion or suspension.
2 (c-5) School districts shall make reasonable efforts to
3provide ongoing professional development to teachers,
4administrators, school board members, school resource
5officers, and staff on the adverse consequences of school
6exclusion and justice-system involvement, effective classroom
7management strategies, culturally responsive discipline, the
8appropriate and available supportive services for the
9promotion of student attendance and engagement, and
10developmentally appropriate disciplinary methods that promote
11positive and healthy school climates.
12 (d) The board may expel a student for a definite period of
13time not to exceed 2 calendar years, as determined on a
14case-by-case basis. A student who is determined to have
15brought one of the following objects to school, any
16school-sponsored activity or event, or any activity or event
17that bears a reasonable relationship to school shall be
18expelled for a period of not less than one year:
19 (1) A firearm. For the purposes of this Section,
20 "firearm" means any gun, rifle, shotgun, weapon as defined
21 by Section 921 of Title 18 of the United States Code,
22 firearm as defined in Section 2-7.5 1.1 of the Firearm
23 Owners Identification Card Act, or firearm as defined in
24 Section 24-1 of the Criminal Code of 2012. The expulsion
25 period under this subdivision (1) may be modified by the
26 superintendent, and the superintendent's determination may

HB4327- 96 -LRB103 34892 RLC 64759 b
1 be modified by the board on a case-by-case basis.
2 (2) A knife, brass knuckles or other knuckle weapon
3 regardless of its composition, a billy club, or any other
4 object if used or attempted to be used to cause bodily
5 harm, including "look alikes" of any firearm as defined in
6 subdivision (1) of this subsection (d). The expulsion
7 requirement under this subdivision (2) may be modified by
8 the superintendent, and the superintendent's determination
9 may be modified by the board on a case-by-case basis.
10Expulsion or suspension shall be construed in a manner
11consistent with the federal Individuals with Disabilities
12Education Act. A student who is subject to suspension or
13expulsion as provided in this Section may be eligible for a
14transfer to an alternative school program in accordance with
15Article 13A of the School Code.
16 (d-5) The board may suspend or by regulation authorize the
17superintendent of the district or the principal, assistant
18principal, or dean of students of any school to suspend a
19student for a period not to exceed 10 school days or may expel
20a student for a definite period of time not to exceed 2
21calendar years, as determined on a case-by-case basis, if (i)
22that student has been determined to have made an explicit
23threat on an Internet website against a school employee, a
24student, or any school-related personnel, (ii) the Internet
25website through which the threat was made is a site that was
26accessible within the school at the time the threat was made or

HB4327- 97 -LRB103 34892 RLC 64759 b
1was available to third parties who worked or studied within
2the school grounds at the time the threat was made, and (iii)
3the threat could be reasonably interpreted as threatening to
4the safety and security of the threatened individual because
5of his or her duties or employment status or status as a
6student inside the school.
7 (e) To maintain order and security in the schools, school
8authorities may inspect and search places and areas such as
9lockers, desks, parking lots, and other school property and
10equipment owned or controlled by the school, as well as
11personal effects left in those places and areas by students,
12without notice to or the consent of the student, and without a
13search warrant. As a matter of public policy, the General
14Assembly finds that students have no reasonable expectation of
15privacy in these places and areas or in their personal effects
16left in these places and areas. School authorities may request
17the assistance of law enforcement officials for the purpose of
18conducting inspections and searches of lockers, desks, parking
19lots, and other school property and equipment owned or
20controlled by the school for illegal drugs, weapons, or other
21illegal or dangerous substances or materials, including
22searches conducted through the use of specially trained dogs.
23If a search conducted in accordance with this Section produces
24evidence that the student has violated or is violating either
25the law, local ordinance, or the school's policies or rules,
26such evidence may be seized by school authorities, and

HB4327- 98 -LRB103 34892 RLC 64759 b
1disciplinary action may be taken. School authorities may also
2turn over such evidence to law enforcement authorities.
3 (f) Suspension or expulsion may include suspension or
4expulsion from school and all school activities and a
5prohibition from being present on school grounds.
6 (g) A school district may adopt a policy providing that if
7a student is suspended or expelled for any reason from any
8public or private school in this or any other state, the
9student must complete the entire term of the suspension or
10expulsion in an alternative school program under Article 13A
11of this Code or an alternative learning opportunities program
12under Article 13B of this Code before being admitted into the
13school district if there is no threat to the safety of students
14or staff in the alternative program. A school district that
15adopts a policy under this subsection (g) must include a
16provision allowing for consideration of any mitigating
17factors, including, but not limited to, a student's status as
18a parent, expectant parent, or victim of domestic or sexual
19violence, as defined in Article 26A.
20 (h) School officials shall not advise or encourage
21students to drop out voluntarily due to behavioral or academic
22difficulties.
23 (i) A student may not be issued a monetary fine or fee as a
24disciplinary consequence, though this shall not preclude
25requiring a student to provide restitution for lost, stolen,
26or damaged property.

HB4327- 99 -LRB103 34892 RLC 64759 b
1 (j) Subsections (a) through (i) of this Section shall
2apply to elementary and secondary schools, charter schools,
3special charter districts, and school districts organized
4under Article 34 of this Code.
5 (k) The expulsion of children enrolled in programs funded
6under Section 1C-2 of this Code is subject to the requirements
7under paragraph (7) of subsection (a) of Section 2-3.71 of
8this Code.
9 (l) Beginning with the 2018-2019 school year, an in-school
10suspension program provided by a school district for any
11students in kindergarten through grade 12 may focus on
12promoting non-violent conflict resolution and positive
13interaction with other students and school personnel. A school
14district may employ a school social worker or a licensed
15mental health professional to oversee an in-school suspension
16program in kindergarten through grade 12.
17(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
18102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
19 (105 ILCS 5/10-27.1A)
20 Sec. 10-27.1A. Firearms in schools.
21 (a) All school officials, including teachers, school
22counselors, and support staff, shall immediately notify the
23office of the principal in the event that they observe any
24person in possession of a firearm on school grounds; provided
25that taking such immediate action to notify the office of the

HB4327- 100 -LRB103 34892 RLC 64759 b
1principal would not immediately endanger the health, safety,
2or welfare of students who are under the direct supervision of
3the school official or the school official. If the health,
4safety, or welfare of students under the direct supervision of
5the school official or of the school official is immediately
6endangered, the school official shall notify the office of the
7principal as soon as the students under his or her supervision
8and he or she are no longer under immediate danger. A report is
9not required by this Section when the school official knows
10that the person in possession of the firearm is a law
11enforcement official engaged in the conduct of his or her
12official duties. Any school official acting in good faith who
13makes such a report under this Section shall have immunity
14from any civil or criminal liability that might otherwise be
15incurred as a result of making the report. The identity of the
16school official making such report shall not be disclosed
17except as expressly and specifically authorized by law.
18Knowingly and willfully failing to comply with this Section is
19a petty offense. A second or subsequent offense is a Class C
20misdemeanor.
21 (b) Upon receiving a report from any school official
22pursuant to this Section, or from any other person, the
23principal or his or her designee shall immediately notify a
24local law enforcement agency. If the person found to be in
25possession of a firearm on school grounds is a student, the
26principal or his or her designee shall also immediately notify

HB4327- 101 -LRB103 34892 RLC 64759 b
1that student's parent or guardian. Any principal or his or her
2designee acting in good faith who makes such reports under
3this Section shall have immunity from any civil or criminal
4liability that might otherwise be incurred or imposed as a
5result of making the reports. Knowingly and willfully failing
6to comply with this Section is a petty offense. A second or
7subsequent offense is a Class C misdemeanor. If the person
8found to be in possession of the firearm on school grounds is a
9minor, the law enforcement agency shall detain that minor
10until such time as the agency makes a determination pursuant
11to clause (a) of subsection (1) of Section 5-401 of the
12Juvenile Court Act of 1987, as to whether the agency
13reasonably believes that the minor is delinquent. If the law
14enforcement agency determines that probable cause exists to
15believe that the minor committed a violation of item (4) of
16subsection (a) of Section 24-1 of the Criminal Code of 2012
17while on school grounds, the agency shall detain the minor for
18processing pursuant to Section 5-407 of the Juvenile Court Act
19of 1987.
20 (c) Upon receipt of any written, electronic, or verbal
21report from any school personnel regarding a verified incident
22involving a firearm in a school or on school owned or leased
23property, including any conveyance owned, leased, or used by
24the school for the transport of students or school personnel,
25the superintendent or his or her designee shall report all
26such firearm-related incidents occurring in a school or on

HB4327- 102 -LRB103 34892 RLC 64759 b
1school property to the local law enforcement authorities
2immediately, who shall report to the Illinois State Police in
3a form, manner, and frequency as prescribed by the Illinois
4State Police.
5 The State Board of Education shall receive an annual
6statistical compilation and related data associated with
7incidents involving firearms in schools from the Illinois
8State Police. The State Board of Education shall compile this
9information by school district and make it available to the
10public.
11 (d) As used in this Section, the term "firearm" shall have
12the meaning ascribed to it in Section 2-7.5 of the Criminal
13Code of 2012 1.1 of the Firearm Owners Identification Card
14Act.
15 As used in this Section, the term "school" means any
16public or private elementary or secondary school.
17 As used in this Section, the term "school grounds"
18includes the real property comprising any school, any
19conveyance owned, leased, or contracted by a school to
20transport students to or from school or a school-related
21activity, or any public way within 1,000 feet of the real
22property comprising any school.
23(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
24102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
25 (105 ILCS 5/34-8.05)

HB4327- 103 -LRB103 34892 RLC 64759 b
1 Sec. 34-8.05. Reporting firearms in schools. On or after
2January 1, 1997, upon receipt of any written, electronic, or
3verbal report from any school personnel regarding a verified
4incident involving a firearm in a school or on school owned or
5leased property, including any conveyance owned, leased, or
6used by the school for the transport of students or school
7personnel, the general superintendent or his or her designee
8shall report all such firearm-related incidents occurring in a
9school or on school property to the local law enforcement
10authorities no later than 24 hours after the occurrence of the
11incident and to the Illinois State Police in a form, manner,
12and frequency as prescribed by the Illinois State Police.
13 The State Board of Education shall receive an annual
14statistical compilation and related data associated with
15incidents involving firearms in schools from the Illinois
16State Police. As used in this Section, the term "firearm"
17shall have the meaning ascribed to it in Section 2-7.5 of the
18Criminal Code of 2012 1.1 of the Firearm Owners Identification
19Card Act.
20(Source: P.A. 102-538, eff. 8-20-21.)
21 Section 105. The Illinois Explosives Act is amended by
22changing Section 2005 as follows:
23 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
24 Sec. 2005. Qualifications for licensure.

HB4327- 104 -LRB103 34892 RLC 64759 b
1 (a) No person shall qualify to hold a license who:
2 (1) is under 21 years of age;
3 (2) has been convicted in any court of a crime
4 punishable by imprisonment for a term exceeding one year;
5 (3) is under indictment for a crime punishable by
6 imprisonment for a term exceeding one year;
7 (4) is a fugitive from justice;
8 (5) is an unlawful user of or addicted to any
9 controlled substance as defined in Section 102 of the
10 federal Controlled Substances Act (21 U.S.C. Sec. 802 et
11 seq.);
12 (6) has been adjudicated a person with a mental
13 disability as defined in Section 6-103.1 of the Mental
14 Health and Developmental Disabilities Code 1.1 of the
15 Firearm Owners Identification Card Act; or
16 (7) is not a legal citizen of the United States or
17 lawfully admitted for permanent residence.
18 (b) A person who has been granted a "relief from
19disabilities" regarding criminal convictions and indictments,
20pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
21845) may receive a license provided all other qualifications
22under this Act are met.
23(Source: P.A. 101-541, eff. 8-23-19.)
24 Section 110. The Private Detective, Private Alarm, Private
25Security, and Locksmith Act of 2004 is amended by changing

HB4327- 105 -LRB103 34892 RLC 64759 b
1Sections 35-30 and 35-35 as follows:
2 (225 ILCS 447/35-30)
3 (Text of Section before amendment by P.A. 103-309)
4 (Section scheduled to be repealed on January 1, 2029)
5 Sec. 35-30. Employee requirements. All employees of a
6licensed agency, other than those exempted, shall apply for a
7permanent employee registration card. The holder of an agency
8license issued under this Act, known in this Section as
9"employer", may employ in the conduct of his or her business
10employees under the following provisions:
11 (a) No person shall be issued a permanent employee
12registration card who:
13 (1) Is younger than 18 years of age.
14 (2) Is younger than 21 years of age if the services
15 will include being armed.
16 (3) Has been determined by the Department to be unfit
17 by reason of conviction of an offense in this or another
18 state, including registration as a sex offender, but not
19 including a traffic offense. Persons convicted of felonies
20 involving bodily harm, weapons, violence, or theft within
21 the previous 10 years shall be presumed to be unfit for
22 registration. The Department shall adopt rules for making
23 those determinations that shall afford the applicant due
24 process of law.
25 (4) Has had a license or permanent employee

HB4327- 106 -LRB103 34892 RLC 64759 b
1 registration card denied, suspended, or revoked under this
2 Act (i) within one year before the date the person's
3 application for permanent employee registration card is
4 received by the Department; and (ii) that refusal, denial,
5 suspension, or revocation was based on any provision of
6 this Act other than Section 40-50, item (6) or (8) of
7 subsection (a) of Section 15-10, subsection (b) of Section
8 15-10, item (6) or (8) of subsection (a) of Section 20-10,
9 subsection (b) of Section 20-10, item (6) or (8) of
10 subsection (a) of Section 25-10, subsection (b) of Section
11 25-10, item (7) of subsection (a) of Section 30-10,
12 subsection (b) of Section 30-10, or Section 10-40.
13 (5) Has been declared incompetent by any court of
14 competent jurisdiction by reason of mental disease or
15 defect and has not been restored.
16 (6) Has been dishonorably discharged from the armed
17 services of the United States.
18 (b) No person may be employed by a private detective
19agency, private security contractor agency, private alarm
20contractor agency, fingerprint vendor agency, or locksmith
21agency under this Section until he or she has executed and
22furnished to the employer, on forms furnished by the
23Department, a verified statement to be known as "Employee's
24Statement" setting forth:
25 (1) The person's full name, age, and residence
26 address.

HB4327- 107 -LRB103 34892 RLC 64759 b
1 (2) The business or occupation engaged in for the 5
2 years immediately before the date of the execution of the
3 statement, the place where the business or occupation was
4 engaged in, and the names of employers, if any.
5 (3) That the person has not had a license or employee
6 registration denied, revoked, or suspended under this Act
7 (i) within one year before the date the person's
8 application for permanent employee registration card is
9 received by the Department; and (ii) that refusal, denial,
10 suspension, or revocation was based on any provision of
11 this Act other than Section 40-50, item (6) or (8) of
12 subsection (a) of Section 15-10, subsection (b) of Section
13 15-10, item (6) or (8) of subsection (a) of Section 20-10,
14 subsection (b) of Section 20-10, item (6) or (8) of
15 subsection (a) of Section 25-10, subsection (b) of Section
16 25-10, item (7) of subsection (a) of Section 30-10,
17 subsection (b) of Section 30-10, or Section 10-40.
18 (4) Any conviction of a felony or misdemeanor.
19 (5) Any declaration of incompetence by a court of
20 competent jurisdiction that has not been restored.
21 (6) Any dishonorable discharge from the armed services
22 of the United States.
23 (7) Any other information as may be required by any
24 rule of the Department to show the good character,
25 competency, and integrity of the person executing the
26 statement.

HB4327- 108 -LRB103 34892 RLC 64759 b
1 (c) Each applicant for a permanent employee registration
2card shall have his or her fingerprints submitted to the
3Illinois State Police in an electronic format that complies
4with the form and manner for requesting and furnishing
5criminal history record information as prescribed by the
6Illinois State Police. These fingerprints shall be checked
7against the Illinois State Police and Federal Bureau of
8Investigation criminal history record databases now and
9hereafter filed. The Illinois State Police shall charge
10applicants a fee for conducting the criminal history records
11check, which shall be deposited in the State Police Services
12Fund and shall not exceed the actual cost of the records check.
13The Illinois State Police shall furnish, pursuant to positive
14identification, records of Illinois convictions to the
15Department. The Department may require applicants to pay a
16separate fingerprinting fee, either to the Department or
17directly to the vendor. The Department, in its discretion, may
18allow an applicant who does not have reasonable access to a
19designated vendor to provide his or her fingerprints in an
20alternative manner. The Department, in its discretion, may
21also use other procedures in performing or obtaining criminal
22background checks of applicants. Instead of submitting his or
23her fingerprints, an individual may submit proof that is
24satisfactory to the Department that an equivalent security
25clearance has been conducted. Also, an individual who has
26retired as a peace officer within 12 months of application may

HB4327- 109 -LRB103 34892 RLC 64759 b
1submit verification, on forms provided by the Department and
2signed by his or her employer, of his or her previous full-time
3employment as a peace officer.
4 (d) The Department shall issue a permanent employee
5registration card, in a form the Department prescribes, to all
6qualified applicants. The holder of a permanent employee
7registration card shall carry the card at all times while
8actually engaged in the performance of the duties of his or her
9employment. Expiration and requirements for renewal of
10permanent employee registration cards shall be established by
11rule of the Department. Possession of a permanent employee
12registration card does not in any way imply that the holder of
13the card is employed by an agency unless the permanent
14employee registration card is accompanied by the employee
15identification card required by subsection (f) of this
16Section.
17 (e) Each employer shall maintain a record of each employee
18that is accessible to the duly authorized representatives of
19the Department. The record shall contain the following
20information:
21 (1) A photograph taken within 10 days of the date that
22 the employee begins employment with the employer. The
23 photograph shall be replaced with a current photograph
24 every 3 calendar years.
25 (2) The Employee's Statement specified in subsection
26 (b) of this Section.

HB4327- 110 -LRB103 34892 RLC 64759 b
1 (3) All correspondence or documents relating to the
2 character and integrity of the employee received by the
3 employer from any official source or law enforcement
4 agency.
5 (4) In the case of former employees, the employee
6 identification card of that person issued under subsection
7 (f) of this Section. Each employee record shall duly note
8 if the employee is employed in an armed capacity. Armed
9 employee files shall contain a copy of an active firearm
10 owner's identification card and a copy of an active
11 firearm control card. Each employer shall maintain a
12 record for each armed employee of each instance in which
13 the employee's weapon was discharged during the course of
14 his or her professional duties or activities. The record
15 shall be maintained on forms provided by the Department, a
16 copy of which must be filed with the Department within 15
17 days of an instance. The record shall include the date and
18 time of the occurrence, the circumstances involved in the
19 occurrence, and any other information as the Department
20 may require. Failure to provide this information to the
21 Department or failure to maintain the record as a part of
22 each armed employee's permanent file is grounds for
23 disciplinary action. The Department, upon receipt of a
24 report, shall have the authority to make any investigation
25 it considers appropriate into any occurrence in which an
26 employee's weapon was discharged and to take disciplinary

HB4327- 111 -LRB103 34892 RLC 64759 b
1 action as may be appropriate.
2 (5) A copy of the employee's permanent employee
3 registration card or a copy of the Department's "License
4 Lookup" Webpage showing that the employee has been issued
5 a valid permanent employee registration card by the
6 Department.
7 The Department may, by rule, prescribe further record
8requirements.
9 (f) Every employer shall furnish an employee
10identification card to each of his or her employees. This
11employee identification card shall contain a recent photograph
12of the employee, the employee's name, the name and agency
13license number of the employer, the employee's personal
14description, the signature of the employer, the signature of
15that employee, the date of issuance, and an employee
16identification card number.
17 (g) No employer may issue an employee identification card
18to any person who is not employed by the employer in accordance
19with this Section or falsely state or represent that a person
20is or has been in his or her employ. It is unlawful for an
21applicant for registered employment to file with the
22Department the fingerprints of a person other than himself or
23herself.
24 (h) Every employer shall obtain the identification card of
25every employee who terminates employment with him or her.
26 (i) Every employer shall maintain a separate roster of the

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

HB4327- 113 -LRB103 34892 RLC 64759 b
1 pending with the Department and submits the roster to the
2 Department on a monthly basis. Rosters are to be
3 maintained by the agency for a period of at least 24
4 months.
5 An agency may employ only a permanent employee applicant
6for which it either submitted a permanent employee application
7and all required forms and fees or it confirms with the
8Department that a permanent employee application and all
9required forms and fees have been submitted by another agency,
10licensee or the permanent employee and all other requirements
11of this Section are met.
12 The Department shall have the authority to revoke, without
13a hearing, the temporary authority of an individual to work
14upon receipt of Federal Bureau of Investigation fingerprint
15data or a report of another official authority indicating a
16criminal conviction. If the Department has not received a
17temporary employee's Federal Bureau of Investigation
18fingerprint data within 120 days of the date the Department
19received the Illinois State Police fingerprint data, the
20Department may, at its discretion, revoke the employee's
21temporary authority to work with 15 days written notice to the
22individual and the employing agency.
23 An agency may not employ a person in a temporary capacity
24if it knows or reasonably should have known that the person has
25been convicted of a crime under the laws of this State, has
26been convicted in another state of any crime that is a crime

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

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1the peace officer is compensated as an employee or as an
2independent contractor and as further defined by rule.
3 (o) Persons who have no access to confidential or security
4information, who do not go to a client's or prospective
5client's residence or place of business, and who otherwise do
6not provide traditional security services are exempt from
7employee registration. Examples of exempt employees include,
8but are not limited to, employees working in the capacity of
9ushers, directors, ticket takers, cashiers, drivers, and
10reception personnel. Confidential or security information is
11that which pertains to employee files, scheduling, client
12contracts, or technical security and alarm data.
13 (p) An applicant who is 21 years of age or older seeking a
14religious exemption to the photograph requirement of this
15Section shall furnish with the application an approved copy of
16United States Department of the Treasury Internal Revenue
17Service Form 4029. Regardless of age, an applicant seeking a
18religious exemption to this photograph requirement shall
19submit fingerprints in a form and manner prescribed by the
20Department with his or her application in lieu of a
21photograph.
22(Source: P.A. 102-538, eff. 8-20-21.)
23 (Text of Section after amendment by P.A. 103-309)
24 (Section scheduled to be repealed on January 1, 2029)
25 Sec. 35-30. Employee requirements. All employees of a

HB4327- 116 -LRB103 34892 RLC 64759 b
1licensed agency, other than those exempted, shall apply for a
2permanent employee registration card. The holder of an agency
3license issued under this Act, known in this Section as
4"employer", may employ in the conduct of the employer's
5business employees under the following provisions:
6 (a) No person shall be issued a permanent employee
7registration card who:
8 (1) Is younger than 18 years of age.
9 (2) Is younger than 21 years of age if the services
10 will include being armed.
11 (3) Has been determined by the Department to be unfit
12 by reason of conviction of an offense in this or another
13 state, including registration as a sex offender, but not
14 including a traffic offense. Persons convicted of felonies
15 involving bodily harm, weapons, violence, or theft within
16 the previous 10 years shall be presumed to be unfit for
17 registration. The Department shall adopt rules for making
18 those determinations that shall afford the applicant due
19 process of law.
20 (4) Has had a license or permanent employee
21 registration card denied, suspended, or revoked under this
22 Act (i) within one year before the date the person's
23 application for permanent employee registration card is
24 received by the Department; and (ii) that refusal, denial,
25 suspension, or revocation was based on any provision of
26 this Act other than Section 40-50, item (6) or (8) of

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1 subsection (a) of Section 15-10, subsection (b) of Section
2 15-10, item (6) or (8) of subsection (a) of Section 20-10,
3 subsection (b) of Section 20-10, item (6) or (8) of
4 subsection (a) of Section 25-10, subsection (b) of Section
5 25-10, item (7) of subsection (a) of Section 30-10,
6 subsection (b) of Section 30-10, or Section 10-40.
7 (5) Has been declared incompetent by any court of
8 competent jurisdiction by reason of mental disease or
9 defect and has not been restored.
10 (6) Has been dishonorably discharged from the armed
11 services of the United States.
12 (b) No person may be employed by a private detective
13agency, private security contractor agency, private alarm
14contractor agency, fingerprint vendor agency, or locksmith
15agency under this Section until the person has executed and
16furnished to the employer, on forms furnished by the
17Department, a verified statement to be known as "Employee's
18Statement" setting forth:
19 (1) The person's full name, age, and residence
20 address.
21 (2) The business or occupation engaged in for the 5
22 years immediately before the date of the execution of the
23 statement, the place where the business or occupation was
24 engaged in, and the names of employers, if any.
25 (3) That the person has not had a license or employee
26 registration denied, revoked, or suspended under this Act

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1 (i) within one year before the date the person's
2 application for permanent employee registration card is
3 received by the Department; and (ii) that refusal, denial,
4 suspension, or revocation was based on any provision of
5 this Act other than Section 40-50, item (6) or (8) of
6 subsection (a) of Section 15-10, subsection (b) of Section
7 15-10, item (6) or (8) of subsection (a) of Section 20-10,
8 subsection (b) of Section 20-10, item (6) or (8) of
9 subsection (a) of Section 25-10, subsection (b) of Section
10 25-10, item (7) of subsection (a) of Section 30-10,
11 subsection (b) of Section 30-10, or Section 10-40.
12 (4) Any conviction of a felony or misdemeanor.
13 (5) Any declaration of incompetence by a court of
14 competent jurisdiction that has not been restored.
15 (6) Any dishonorable discharge from the armed services
16 of the United States.
17 (7) Any other information as may be required by any
18 rule of the Department to show the good character,
19 competency, and integrity of the person executing the
20 statement.
21 (c) Each applicant for a permanent employee registration
22card shall have the applicant's fingerprints submitted to the
23Illinois State Police in an electronic format that complies
24with the form and manner for requesting and furnishing
25criminal history record information as prescribed by the
26Illinois State Police. These fingerprints shall be checked

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1against the Illinois State Police and Federal Bureau of
2Investigation criminal history record databases now and
3hereafter filed. The Illinois State Police shall charge
4applicants a fee for conducting the criminal history records
5check, which shall be deposited in the State Police Services
6Fund and shall not exceed the actual cost of the records check.
7The Illinois State Police shall furnish, pursuant to positive
8identification, records of Illinois convictions to the
9Department. The Department may require applicants to pay a
10separate fingerprinting fee, either to the Department or
11directly to the vendor. The Department, in its discretion, may
12allow an applicant who does not have reasonable access to a
13designated vendor to provide the applicant's fingerprints in
14an alternative manner. The Department, in its discretion, may
15also use other procedures in performing or obtaining criminal
16background checks of applicants. Instead of submitting the
17applicant's fingerprints, an individual may submit proof that
18is satisfactory to the Department that an equivalent security
19clearance has been conducted. Also, an individual who has
20retired as a peace officer within 12 months of application may
21submit verification, on forms provided by the Department and
22signed by the applicant's employer, of the applicant's
23previous full-time employment as a peace officer.
24 (d) The Department shall issue a permanent employee
25registration card, in a form the Department prescribes, to all
26qualified applicants. The holder of a permanent employee

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1registration card shall carry the card at all times while
2actually engaged in the performance of the duties of the
3employee's employment. Expiration and requirements for renewal
4of permanent employee registration cards shall be established
5by rule of the Department. Possession of a permanent employee
6registration card does not in any way imply that the holder of
7the card is employed by an agency unless the permanent
8employee registration card is accompanied by the employee
9identification card required by subsection (f) of this
10Section.
11 (e) Each employer shall maintain a record of each employee
12that is accessible to the duly authorized representatives of
13the Department. The record shall contain the following
14information:
15 (1) A photograph taken within 10 days of the date that
16 the employee begins employment with the employer. The
17 photograph shall be replaced with a current photograph
18 every 3 calendar years.
19 (2) The Employee's Statement specified in subsection
20 (b) of this Section.
21 (3) All correspondence or documents relating to the
22 character and integrity of the employee received by the
23 employer from any official source or law enforcement
24 agency.
25 (4) In the case of former employees, the employee
26 identification card of that person issued under subsection

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1 (f) of this Section. Each employee record shall duly note
2 if the employee is employed in an armed capacity. Armed
3 employee files shall contain a copy of an active firearm
4 owner's identification card and a copy of an active
5 firearm control card. Each employer shall maintain a
6 record for each armed employee of each instance in which
7 the employee's weapon was discharged during the course of
8 the employee's professional duties or activities. The
9 record shall be maintained on forms provided by the
10 Department, a copy of which must be filed with the
11 Department within 15 days of an instance. The record shall
12 include the date and time of the occurrence, the
13 circumstances involved in the occurrence, and any other
14 information as the Department may require. Failure to
15 provide this information to the Department or failure to
16 maintain the record as a part of each armed employee's
17 permanent file is grounds for disciplinary action. The
18 Department, upon receipt of a report, shall have the
19 authority to make any investigation it considers
20 appropriate into any occurrence in which an employee's
21 weapon was discharged and to take disciplinary action as
22 may be appropriate.
23 (5) A copy of the employee's permanent employee
24 registration card or a copy of the Department's "License
25 Lookup" Webpage showing that the employee has been issued
26 a valid permanent employee registration card by the

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1 Department.
2 The Department may, by rule, prescribe further record
3requirements.
4 (f) Every employer shall furnish an employee
5identification card to each of the employer's employees. This
6employee identification card shall contain a recent photograph
7of the employee, the employee's name, the name and agency
8license number of the employer, the employee's personal
9description, the signature of the employer, the signature of
10that employee, the date of issuance, and an employee
11identification card number.
12 (g) No employer may issue an employee identification card
13to any person who is not employed by the employer in accordance
14with this Section or falsely state or represent that a person
15is or has been in the employer's employ. It is unlawful for an
16applicant for registered employment to file with the
17Department the fingerprints of a person other than himself or
18herself.
19 (h) Every employer shall obtain the identification card of
20every employee who terminates employment with the employer.
21 (i) Every employer shall maintain a separate roster of the
22names of all employees currently working in an armed capacity
23and submit the roster to the Department on request.
24 (j) No agency may employ any person to perform a licensed
25activity under this Act unless the person possesses a valid
26permanent employee registration card or a valid license under

HB4327- 123 -LRB103 34892 RLC 64759 b
1this Act, or is exempt pursuant to subsection (n).
2 (k) Notwithstanding the provisions of subsection (j), an
3agency may employ a person in a temporary capacity if all of
4the following conditions are met:
5 (1) The agency completes in its entirety and submits
6 to the Department an application for a permanent employee
7 registration card, including the required fingerprint
8 receipt and fees.
9 (2) The agency has verification from the Department
10 that the applicant has no record of any criminal
11 conviction pursuant to the criminal history check
12 conducted by the Illinois State Police. The agency shall
13 maintain the verification of the results of the Illinois
14 State Police criminal history check as part of the
15 employee record as required under subsection (e) of this
16 Section.
17 (3) The agency exercises due diligence to ensure that
18 the person is qualified under the requirements of this Act
19 to be issued a permanent employee registration card.
20 (4) The agency maintains a separate roster of the
21 names of all employees whose applications are currently
22 pending with the Department and submits the roster to the
23 Department on a monthly basis. Rosters are to be
24 maintained by the agency for a period of at least 24
25 months.
26 An agency may employ only a permanent employee applicant

HB4327- 124 -LRB103 34892 RLC 64759 b
1for which it either submitted a permanent employee application
2and all required forms and fees or it confirms with the
3Department that a permanent employee application and all
4required forms and fees have been submitted by another agency,
5licensee or the permanent employee and all other requirements
6of this Section are met.
7 The Department shall have the authority to revoke, without
8a hearing, the temporary authority of an individual to work
9upon receipt of Federal Bureau of Investigation fingerprint
10data or a report of another official authority indicating a
11criminal conviction. If the Department has not received a
12temporary employee's Federal Bureau of Investigation
13fingerprint data within 120 days of the date the Department
14received the Illinois State Police fingerprint data, the
15Department may, at its discretion, revoke the employee's
16temporary authority to work with 15 days written notice to the
17individual and the employing agency.
18 An agency may not employ a person in a temporary capacity
19if it knows or reasonably should have known that the person has
20been convicted of a crime under the laws of this State, has
21been convicted in another state of any crime that is a crime
22under the laws of this State, has been convicted of any crime
23in a federal court, or has been posted as an unapproved
24applicant by the Department. Notice by the Department to the
25agency, via certified mail, personal delivery, electronic
26mail, or posting on the Department's Internet site accessible

HB4327- 125 -LRB103 34892 RLC 64759 b
1to the agency that the person has been convicted of a crime
2shall be deemed constructive knowledge of the conviction on
3the part of the agency. The Department may adopt rules to
4implement this subsection (k).
5 (l) No person may be employed under this Section in any
6capacity if:
7 (1) the person, while so employed, is being paid by
8 the United States or any political subdivision for the
9 time so employed in addition to any payments the person
10 may receive from the employer; or
11 (2) the person wears any portion of the person's
12 official uniform, emblem of authority, or equipment while
13 so employed.
14 (m) If information is discovered affecting the
15registration of a person whose fingerprints were submitted
16under this Section, the Department shall so notify the agency
17that submitted the fingerprints on behalf of that person.
18 (n) Peace officers shall be exempt from the requirements
19of this Section relating to permanent employee registration
20cards. The agency shall remain responsible for any peace
21officer employed under this exemption, regardless of whether
22the peace officer is compensated as an employee or as an
23independent contractor and as further defined by rule.
24 (o) Persons who have no access to confidential or security
25information, who do not go to a client's or prospective
26client's residence or place of business, and who otherwise do

HB4327- 126 -LRB103 34892 RLC 64759 b
1not provide traditional security services are exempt from
2employee registration. Examples of exempt employees include,
3but are not limited to, employees working in the capacity of
4ushers, directors, ticket takers, cashiers, drivers, and
5reception personnel. Confidential or security information is
6that which pertains to employee files, scheduling, client
7contracts, or technical security and alarm data.
8 (p) An applicant who is 21 years of age or older seeking a
9religious exemption to the photograph requirement of this
10Section shall furnish with the application an approved copy of
11United States Department of the Treasury Internal Revenue
12Service Form 4029. Regardless of age, an applicant seeking a
13religious exemption to this photograph requirement shall
14submit fingerprints in a form and manner prescribed by the
15Department with the applicant's application in lieu of a
16photograph.
17(Source: P.A. 102-538, eff. 8-20-21; 103-309, eff. 1-1-24.)
18 (225 ILCS 447/35-35)
19 (Text of Section before amendment by P.A. 103-309)
20 (Section scheduled to be repealed on January 1, 2029)
21 Sec. 35-35. Requirement of a firearm control card.
22 (a) No person shall perform duties that include the use,
23carrying, or possession of a firearm in the performance of
24those duties without complying with the provisions of this
25Section and having been issued a valid firearm control card by

HB4327- 127 -LRB103 34892 RLC 64759 b
1the Department.
2 (b) No employer shall employ any person to perform the
3duties for which licensure or employee registration is
4required and allow that person to carry a firearm unless that
5person has complied with all the firearm training requirements
6of this Section and has been issued a firearm control card.
7This Act permits only the following to carry firearms while
8actually engaged in the performance of their duties or while
9commuting directly to or from their places of employment:
10persons licensed as private detectives and their registered
11employees; persons licensed as private security contractors
12and their registered employees; persons licensed as private
13alarm contractors and their registered employees; and
14employees of a registered armed proprietary security force.
15 (c) Possession of a valid firearm control card allows a
16licensee or employee to carry a firearm not otherwise
17prohibited by law while the licensee or employee is engaged in
18the performance of his or her duties or while the licensee or
19employee is commuting directly to or from the licensee's or
20employee's place or places of employment.
21 (d) The Department shall issue a firearm control card to a
22person who has passed an approved firearm training course, who
23is currently licensed or employed by an agency licensed by
24this Act and has met all the requirements of this Act, and who
25possesses a valid firearm owner identification card.
26Application for the firearm control card shall be made by the

HB4327- 128 -LRB103 34892 RLC 64759 b
1employer to the Department on forms provided by the
2Department. The Department shall forward the card to the
3employer who shall be responsible for its issuance to the
4licensee or employee. The firearm control card shall be issued
5by the Department and shall identify the person holding it and
6the name of the course where the licensee or employee received
7firearm instruction and shall specify the type of weapon or
8weapons the person is authorized by the Department to carry
9and for which the person has been trained.
10 (e) Expiration and requirements for renewal of firearm
11control cards shall be determined by rule.
12 (f) The Department may, in addition to any other
13disciplinary action permitted by this Act, refuse to issue,
14suspend, or revoke a firearm control card if the applicant or
15holder has been convicted of any felony or crime involving the
16illegal use, carrying, or possession of a deadly weapon or for
17a violation of this Act or rules promulgated under this Act.
18The Department shall refuse to issue or shall revoke a firearm
19control card if the applicant or holder fails to possess a
20valid firearm owners identification card without hearing. The
21Secretary shall summarily suspend a firearm control card if
22the Secretary finds that its continued use would constitute an
23imminent danger to the public. A hearing shall be held before
24the Board within 30 days if the Secretary summarily suspends a
25firearm control card.
26 (g) Notwithstanding any other provision of this Act to the

HB4327- 129 -LRB103 34892 RLC 64759 b
1contrary, all requirements relating to firearms control cards
2do not apply to a peace officer. If an individual ceases to be
3employed as a peace officer and continues to perform services
4in an armed capacity under this Act that are licensed
5activities, then the individual is required to obtain a
6permanent employee registration card pursuant to Section 35-30
7of this Act and must possess a valid Firearm Owner's
8Identification Card, but is not required to obtain a firearm
9control card if the individual is otherwise in continuing
10compliance with the federal Law Enforcement Officers Safety
11Act of 2004. If an individual elects to carry a firearm
12pursuant to the federal Law Enforcement Officers Safety Act of
132004, then the agency employing the officer is required to
14submit a notice of that election to the Department along with a
15fee specified by rule.
16 (h) The Department may issue a temporary firearm control
17card pending issuance of a new firearm control card upon an
18agency's acquiring of an established armed account. An agency
19that has acquired armed employees as a result of acquiring an
20established armed account may, on forms supplied by the
21Department, request the issuance of a temporary firearm
22control card for each acquired employee who held a valid
23firearm control card under his or her employment with the
24newly acquired established armed account immediately preceding
25the acquiring of the account and who continues to meet all of
26the qualifications for issuance of a firearm control card set

HB4327- 130 -LRB103 34892 RLC 64759 b
1forth in this Act and any rules adopted under this Act. The
2Department shall, by rule, set the fee for issuance of a
3temporary firearm control card.
4 (i) The Department shall not issue a firearm control card
5to a licensed fingerprint vendor or a licensed locksmith or
6employees of a licensed fingerprint vendor agency or a
7licensed locksmith agency.
8(Source: P.A. 100-712, eff. 8-3-18.)
9 (Text of Section after amendment by P.A. 103-309)
10 (Section scheduled to be repealed on January 1, 2029)
11 Sec. 35-35. Requirement of a firearm control card.
12 (a) No person shall perform duties that include the use,
13carrying, or possession of a firearm in the performance of
14those duties without complying with the provisions of this
15Section and having been issued a valid firearm control card by
16the Department.
17 (b) No employer shall employ any person to perform the
18duties for which licensure or employee registration is
19required and allow that person to carry a firearm unless that
20person has complied with all the firearm training requirements
21of this Section and has been issued a firearm control card.
22This Act permits only the following to carry firearms while
23actually engaged in the performance of their duties or while
24commuting directly to or from their places of employment:
25persons licensed as private detectives and their registered

HB4327- 131 -LRB103 34892 RLC 64759 b
1employees; persons licensed as private security contractors
2and their registered employees; persons licensed as private
3alarm contractors and their registered employees; and
4employees of a registered armed proprietary security force.
5 (c) Possession of a valid firearm control card allows a
6licensee or employee to carry a firearm not otherwise
7prohibited by law while the licensee or employee is engaged in
8the performance of the licensee's or employee's duties or
9while the licensee or employee is commuting directly to or
10from the licensee's or employee's place or places of
11employment.
12 (d) The Department shall issue a firearm control card to a
13person who has passed an approved firearm training course, who
14is currently licensed or employed by an agency licensed by
15this Act and has met all the requirements of this Act, and who
16is not prohibited under State or federal law from possessing a
17firearm possesses a valid firearm owner identification card.
18Application for the firearm control card shall be made by the
19employer to the Department on forms provided by the
20Department. The Department shall forward the card to the
21employer who shall be responsible for its issuance to the
22licensee or employee. The firearm control card shall be issued
23by the Department and shall identify the person holding it and
24the name of the course where the licensee or employee received
25firearm instruction and shall specify the type of weapon or
26weapons the person is authorized by the Department to carry

HB4327- 132 -LRB103 34892 RLC 64759 b
1and for which the person has been trained.
2 (e) Expiration and requirements for renewal of firearm
3control cards shall be determined by rule.
4 (f) The Department may, in addition to any other
5disciplinary action permitted by this Act, refuse to issue,
6suspend, or revoke a firearm control card if the applicant or
7holder has been convicted of any felony or crime involving the
8illegal use, carrying, or possession of a deadly weapon or for
9a violation of this Act or rules adopted promulgated under
10this Act. The Department shall refuse to issue or shall revoke
11a firearm control card if the applicant or holder is
12prohibited under State or federal law from possessing a
13firearm fails to possess a valid firearm owners identification
14card without hearing. The Secretary shall summarily suspend a
15firearm control card if the Secretary finds that its continued
16use would constitute an imminent danger to the public. A
17hearing shall be held before the Board within 30 days if the
18Secretary summarily suspends a firearm control card.
19 (g) Notwithstanding any other provision of this Act to the
20contrary, all requirements relating to firearms control cards
21do not apply to a peace officer. If an individual ceases to be
22employed as a peace officer and continues to perform services
23in an armed capacity under this Act that are licensed
24activities, then the individual is required to obtain a
25permanent employee registration card pursuant to Section 35-30
26of this Act and must possess a valid Firearm Owner's

HB4327- 133 -LRB103 34892 RLC 64759 b
1Identification Card, but is not required to obtain a firearm
2control card if the individual is otherwise in continuing
3compliance with the federal Law Enforcement Officers Safety
4Act of 2004. If an individual elects to carry a firearm
5pursuant to the federal Law Enforcement Officers Safety Act of
62004, then the agency employing the officer shall submit an
7application to the Department for issuance of a waiver card
8along with a fee specified by rule.
9 (h) The Department may issue a temporary firearm control
10card pending issuance of a new firearm control card upon an
11agency's acquiring of an established armed account. An agency
12that has acquired armed employees as a result of acquiring an
13established armed account may, on forms supplied by the
14Department, request the issuance of a temporary firearm
15control card for each acquired employee who held a valid
16firearm control card under the employer's employment with the
17newly acquired established armed account immediately preceding
18the acquiring of the account and who continues to meet all of
19the qualifications for issuance of a firearm control card set
20forth in this Act and any rules adopted under this Act. The
21Department shall, by rule, set the fee for issuance of a
22temporary firearm control card.
23 (i) The Department shall not issue a firearm control card
24to a licensed fingerprint vendor or a licensed locksmith or
25employees of a licensed fingerprint vendor agency or a
26licensed locksmith agency.

HB4327- 134 -LRB103 34892 RLC 64759 b
1(Source: P.A. 103-309, eff. 1-1-24.)
2 Section 115. The Illinois Gambling Act is amended by
3changing Section 5.4 as follows:
4 (230 ILCS 10/5.4)
5 Sec. 5.4. Retiring investigators; purchase of service
6firearm and badge. The Board shall establish a program to
7allow an investigator appointed under paragraph (20.6) of
8subsection (c) of Section 4 who is honorably retiring in good
9standing to purchase either one or both of the following: (1)
10any badge previously issued to the investigator by the Board;
11or (2) if the investigator has a currently valid Firearm
12Owner's Identification Card, the service firearm issued or
13previously issued to the investigator by the Board. The badge
14must be permanently and conspicuously marked in such a manner
15that the individual who possesses the badge is not mistaken
16for an actively serving law enforcement officer. The cost of
17the firearm shall be the replacement value of the firearm and
18not the firearm's fair market value.
19(Source: P.A. 102-719, eff. 5-6-22.)
20 Section 120. The Mental Health and Developmental
21Disabilities Code is amended by changing Sections 1-106,
221-116, 6-103.1, 6-103.2, and 6-103.3 as follows:

HB4327- 135 -LRB103 34892 RLC 64759 b
1 (405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
2 Sec. 1-106. "Developmental disability" means a severe,
3chronic disability, other than mental illness, found to be
4closely related to an intellectual disability because this
5condition results in impairment of general intellectual
6functioning or adaptive behavior similar to that of persons
7with ID, and requires services similar to those required for a
8person with an intellectual disability. In addition, a
9developmental disability: (1) is manifested before the
10individual reaches 22 years of age; (2) is likely to continue
11indefinitely; (3) results in substantial functional
12limitations in three or more of the following areas of major
13life activity: self-care, receptive and expressive language,
14learning, mobility, self-direction, capacity for independent
15living, or economic self-sufficiency; and (4) reflects the
16individual's need for a combination and sequence of special
17interdisciplinary or generic services, individualized
18supports, or other forms of assistance that are of lifelong or
19extended duration and are individually planned and
20coordinated. This definition does not supersede the
21"developmental disability" definition in Section 1.1 of the
22Firearm Owners Identification Card Act which is required to be
23applied under that Act for the purpose of mandatory reporting.
24(Source: P.A. 102-972, eff. 1-1-23.)
25 (405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116)

HB4327- 136 -LRB103 34892 RLC 64759 b
1 Sec. 1-116. Intellectual disability. "Intellectual
2disability" means a disorder with onset during the
3developmental period (before the individual reaches age 22),
4that includes both intellectual and adaptive deficits in
5conceptual, social and practical domains. The following 3
6criteria must be met: (1) deficits in intellectual functions
7such as reasoning, problem solving, planning, abstract
8thinking, judgment, academic learning, and learning from
9experience confirmed by both clinical assessment and
10individualized, standardized intelligence testing (generally
11indicated with an IQ score of about 70 or below), (2) deficits
12in adaptive functioning that result in failure to meet
13developmental and sociocultural standards for personal
14independence and social responsibility. Without ongoing
15support, the adaptive deficits limit functioning in one or
16more activities of daily life, such as communication, social
17participation, and independent living, across multiple
18environments, such as home, school, work, and community, and
19(3) onset of intellectual and adaptive deficits during the
20developmental period. This definition does not supersede the
21"intellectual disability" definition in Section 1.1 of the
22Firearm Owners Identification Card Act which is required to be
23applied under that Act for the purpose of mandatory reporting.
24(Source: P.A. 102-972, eff. 1-1-23.)
25 (405 ILCS 5/6-103.1)

HB4327- 137 -LRB103 34892 RLC 64759 b
1 Sec. 6-103.1. Adjudication as a person with a mental
2disability. When a person has been adjudicated as a person
3with a mental disability as defined in Section 1.1 of the
4Firearm Owners Identification Card Act, including, but not
5limited to, an adjudication as a person with a disability as
6defined in Section 11a-2 of the Probate Act of 1975, the court
7shall direct the circuit court clerk to notify the Illinois
8State Police, Firearm Owner's Identification (FOID) Office, in
9a form and manner prescribed by the Illinois State Police, and
10shall forward a copy of the court order to the Department no
11later than 7 days after the entry of the order. Upon receipt of
12the order, the Illinois State Police shall provide
13notification to the National Instant Criminal Background Check
14System. In this Section, "has been adjudicated as a mentally
15disabled person" means the person is the subject of a
16determination by a court, board, commission, or other lawful
17authority that the person, as a result of marked subnormal
18intelligence, or mental illness, mental impairment,
19incompetency, condition, or disease:
20 (1) presents a clear and present danger to himself,
21 herself, or to others;
22 (2) lacks the mental capacity to manage his or her own
23 affairs or is adjudicated a disabled person as defined in
24 Section 11a-2 of the Probate Act of 1975;
25 (3) is not guilty in a criminal case by reason of
26 insanity, mental disease or defect;

HB4327- 138 -LRB103 34892 RLC 64759 b
1 (3.5) is guilty but mentally ill, as provided in
2 Section 5-2-6 of the Unified Code of Corrections;
3 (4) is unfit to stand trial in a criminal case;
4 (5) is not guilty by reason of lack of mental
5 responsibility under Articles 50a and 72b of the Uniform
6 Code of Military Justice, 10 U.S.C. 850a, 876b;
7 (6) is a sexually violent person under subsection (f)
8 of Section 5 of the Sexually Violent Persons Commitment
9 Act;
10 (7) is a sexually dangerous person under the Sexually
11 Dangerous Persons Act;
12 (8) is unfit to stand trial under the Juvenile Court
13 Act of 1987;
14 (9) is not guilty by reason of insanity under the
15 Juvenile Court Act of 1987;
16 (10) is a person subject to involuntary admission on
17 an inpatient basis as defined in Section 1-119 of the
18 Mental Health and Developmental Disabilities Code;
19 (11) is a person subject to involuntary admission on
20 an outpatient basis as defined in Section 1-119.1 of the
21 Mental Health and Developmental Disabilities Code;
22 (12) is subject to judicial admission as set forth in
23 Section 4-500 of the Mental Health and Developmental
24 Disabilities Code; or
25 (13) is subject to the provisions of the Interstate
26 Agreements on Sexually Dangerous Persons Act.

HB4327- 139 -LRB103 34892 RLC 64759 b
1(Source: P.A. 102-538, eff. 8-20-21.)
2 (405 ILCS 5/6-103.2)
3 Sec. 6-103.2. Developmental disability; notice. If a
4person 14 years old or older is determined to be a person with
5a developmental disability by a physician, clinical
6psychologist, or qualified examiner, the physician, clinical
7psychologist, or qualified examiner shall notify the
8Department of Human Services within 7 days of making the
9determination that the person has a developmental disability.
10The Department of Human Services shall immediately update its
11records and information relating to mental health and
12developmental disabilities, and if appropriate, shall notify
13the Illinois State Police in a form and manner prescribed by
14the Illinois State Police. Information disclosed under this
15Section shall remain privileged and confidential, and shall
16not be redisclosed, except as required under paragraph (2) of
17subsection (e) of Section 24-4.5 of the Criminal Code of 2012
18subsection (e) of Section 3.1 of the Firearm Owners
19Identification Card Act, nor used for any other purpose. The
20method of providing this information shall guarantee that the
21information is not released beyond that which is necessary for
22the purpose of this Section and shall be provided by rule by
23the Department of Human Services. The identity of the person
24reporting under this Section shall not be disclosed to the
25subject of the report.

HB4327- 140 -LRB103 34892 RLC 64759 b
1 The physician, clinical psychologist, or qualified
2examiner making the determination and his or her employer may
3not be held criminally, civilly, or professionally liable for
4making or not making the notification required under this
5Section, except for willful or wanton misconduct.
6 In this Section, "developmentally disabled" has the
7meaning ascribed to it in Section 12 of the Mental Health and
8Developmental Disabilities Confidentiality Act.
9 In For purposes of this Section, "developmental
10disability" means a disability which is attributable to any
11other condition which results in impairment similar to that
12caused by an intellectual disability and which requires
13services similar to those required by intellectually disabled
14persons. The disability must originate before the age of 18
15years, be expected to continue indefinitely, and constitute a
16substantial disability. This disability results, in the
17professional opinion of a physician, clinical psychologist, or
18qualified examiner, in significant functional limitations in 3
19or more of the following areas of major life activity:
20 (i) self-care;
21 (ii) receptive and expressive language;
22 (iii) learning;
23 (iv) mobility; or
24 (v) self-direction.
25 "Determined to be a person with a developmental disability
26by a physician, clinical psychologist, or qualified examiner"

HB4327- 141 -LRB103 34892 RLC 64759 b
1means in the professional opinion of the physician, clinical
2psychologist, or qualified examiner, a person is diagnosed,
3assessed, or evaluated as having a developmental disability.
4(Source: P.A. 102-538, eff. 8-20-21.)
5 (405 ILCS 5/6-103.3)
6 Sec. 6-103.3. Clear and present danger; notice. If a
7person is determined to pose a clear and present danger to
8himself, herself, or to others by a physician, clinical
9psychologist, or qualified examiner, whether employed by the
10State, by any public or private mental health facility or part
11thereof, or by a law enforcement official or a school
12administrator, then the physician, clinical psychologist,
13qualified examiner shall notify the Department of Human
14Services and a law enforcement official or school
15administrator shall notify the Illinois State Police, within
1624 hours of making the determination that the person poses a
17clear and present danger. The Department of Human Services
18shall immediately update its records and information relating
19to mental health and developmental disabilities, and if
20appropriate, shall notify the Illinois State Police in a form
21and manner prescribed by the Illinois State Police.
22Information disclosed under this Section shall remain
23privileged and confidential, and shall not be redisclosed,
24except as required under paragraph (2) of subsection (e) of
25Section 24-4.5 of the Criminal Code of 2012 subsection (e) of

HB4327- 142 -LRB103 34892 RLC 64759 b
1Section 3.1 of the Firearm Owners Identification Card Act, nor
2used for any other purpose. The method of providing this
3information shall guarantee that the information is not
4released beyond that which is necessary for the purpose of
5this Section and shall be provided by rule by the Department of
6Human Services. The identity of the person reporting under
7this Section shall not be disclosed to the subject of the
8report. The physician, clinical psychologist, qualified
9examiner, law enforcement official, or school administrator
10making the determination and his or her employer shall not be
11held criminally, civilly, or professionally liable for making
12or not making the notification required under this Section,
13except for willful or wanton misconduct. This Section does not
14apply to a law enforcement official, if making the
15notification under this Section will interfere with an ongoing
16or pending criminal investigation.
17 In For the purposes of this Section:
18 "Clear and present danger" means a person who:
19 (1) communicates a serious threat of physical
20 violence against a reasonably identifiable victim or
21 poses a clear and imminent risk of serious physical
22 injury to himself, herself, or another person as
23 determined by a physician, clinical psychologist, or
24 qualified examiner; or
25 (2) demonstrates threatening physical or verbal
26 behavior, such as violent, suicidal, or assaultive

HB4327- 143 -LRB103 34892 RLC 64759 b
1 threats, actions, or other behavior, as determined by
2 a physician, clinical psychologist, qualified
3 examiner, school administrator, or law enforcement
4 official.
5 "Physician", "clinical psychologist", and "qualified
6 examiner" have the meanings ascribed to them in the Mental
7 Health and Developmental Disabilities Code has the meaning
8 ascribed to it in Section 1.1 of the Firearm Owners
9 Identification Card Act.
10 "Determined to pose a clear and present danger to
11 himself, herself, or to others by a physician, clinical
12 psychologist, or qualified examiner" means in the
13 professional opinion of the physician, clinical
14 psychologist, or qualified examiner, a person poses a
15 clear and present danger.
16 "School administrator" means the person required to
17 report under the School Administrator Reporting of Mental
18 Health Clear and Present Danger Determinations Law.
19(Source: P.A. 102-538, eff. 8-20-21.)
20 Section 125. The Lead Poisoning Prevention Act is amended
21by changing Section 2 as follows:
22 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
23 Sec. 2. Definitions. As used in this Act:
24 "Child care facility" means any structure used by a child

HB4327- 144 -LRB103 34892 RLC 64759 b
1care provider licensed by the Department of Children and
2Family Services or public or private school structure
3frequented by children 6 years of age or younger.
4 "Childhood Lead Risk Questionnaire" means the
5questionnaire developed by the Department for use by
6physicians and other health care providers to determine risk
7factors for children 6 years of age or younger residing in
8areas designated as low risk for lead exposure.
9 "Delegate agency" means a unit of local government or
10health department approved by the Department to carry out the
11provisions of this Act.
12 "Department" means the Department of Public Health.
13 "Director" means the Director of Public Health.
14 "Dwelling unit" means an individual unit within a
15residential building used as living quarters for one
16household.
17 "Elevated blood lead level" means a blood lead level in
18excess of the limits established under State rules.
19 "Exposed surface" means any interior or exterior surface
20of a regulated facility.
21 "High risk area" means an area in the State determined by
22the Department to be high risk for lead exposure for children 6
23years of age or younger. The Department may consider, but is
24not limited to, the following factors to determine a high risk
25area: age and condition (using Department of Housing and Urban
26Development definitions of "slum" and "blighted") of housing,

HB4327- 145 -LRB103 34892 RLC 64759 b
1proximity to highway traffic or heavy local traffic or both,
2percentage of housing determined as rental or vacant,
3proximity to industry using lead, established incidence of
4elevated blood lead levels in children, percentage of
5population living below 200% of federal poverty guidelines,
6and number of children residing in the area who are 6 years of
7age or younger.
8 "Lead abatement" means any approved work practices that
9will permanently eliminate lead exposure or remove the
10lead-bearing substances in a regulated facility. The
11Department shall establish by rule which work practices are
12approved or prohibited for lead abatement.
13 "Lead abatement contractor" means any person or entity
14licensed by the Department to perform lead abatement and
15mitigation.
16 "Lead abatement supervisor" means any person employed by a
17lead abatement contractor and licensed by the Department to
18perform lead abatement and lead mitigation and to supervise
19lead workers who perform lead abatement and lead mitigation.
20 "Lead abatement worker" means any person employed by a
21lead abatement contractor and licensed by the Department to
22perform lead abatement and mitigation.
23 "Lead activities" means the conduct of any lead services,
24including, lead inspection, lead risk assessment, lead
25mitigation, or lead abatement work or supervision in a
26regulated facility.

HB4327- 146 -LRB103 34892 RLC 64759 b
1 "Lead-bearing substance" means any item containing or
2coated with lead such that the lead content is more than
3six-hundredths of one percent (0.06%) lead by total weight; or
4any dust on surfaces or in furniture or other nonpermanent
5elements of the regulated facility; or any paint or other
6surface coating material containing more than five-tenths of
7one percent (0.5%) lead by total weight (calculated as lead
8metal) in the total non-volatile content of liquid paint; or
9lead-bearing substances containing greater than one milligram
10per square centimeter or any lower standard for lead content
11in residential paint as may be established by federal law or
12rule; or more than 1 milligram per square centimeter in the
13dried film of paint or previously applied substance; or item
14or dust on item containing lead in excess of the amount
15specified in the rules authorized by this Act or a lower
16standard for lead content as may be established by federal law
17or rule. "Lead-bearing substance" does not include firearm
18ammunition or components as defined by Section 2-7.1 of the
19Criminal Code of 2012 the Firearm Owners Identification Card
20Act.
21 "Lead hazard" means a lead-bearing substance that poses an
22immediate health hazard to humans.
23 "Lead hazard screen" means a lead risk assessment that
24involves limited dust and paint sampling for lead-bearing
25substances and lead hazards. This service is used as a
26screening tool designed to determine if further lead

HB4327- 147 -LRB103 34892 RLC 64759 b
1investigative services are required for the regulated
2facility.
3 "Lead inspection" means a surface-by-surface investigation
4to determine the presence of lead-based paint.
5 "Lead inspector" means an individual who has been trained
6by a Department-approved training program and is licensed by
7the Department to conduct lead inspections; to sample for the
8presence of lead in paint, dust, soil, and water; and to
9conduct compliance investigations.
10 "Lead mitigation" means the remediation, in a manner
11described in Section 9, of a lead hazard so that the
12lead-bearing substance does not pose an immediate health
13hazard to humans.
14 "Lead poisoning" means having an elevated blood lead
15level.
16 "Lead risk assessment" means an on-site investigation to
17determine the existence, nature, severity, and location of
18lead hazards. "Lead risk assessment" includes any lead
19sampling and visual assessment associated with conducting a
20lead risk assessment and lead hazard screen and all lead
21sampling associated with compliance investigations.
22 "Lead risk assessor" means an individual who has been
23trained by a Department-approved training program and is
24licensed by the Department to conduct lead risk assessments,
25lead inspections, and lead hazard screens; to sample for the
26presence of lead in paint, dust, soil, water, and sources for

HB4327- 148 -LRB103 34892 RLC 64759 b
1lead-bearing substances; and to conduct compliance
2investigations.
3 "Lead training program provider" means any person
4providing Department-approved lead training in Illinois to
5individuals seeking licensure in accordance with the Act.
6 "Low risk area" means an area in the State determined by
7the Department to be low risk for lead exposure for children 6
8years of age or younger. The Department may consider the
9factors named in "high risk area" to determine low risk areas.
10 "Owner" means any person, who alone, jointly, or severally
11with others:
12 (a) Has legal title to any regulated facility, with or
13 without actual possession of the regulated facility, or
14 (b) Has charge, care, or control of the regulated
15 facility as owner or agent of the owner, or as executor,
16 administrator, trustee, or guardian of the estate of the
17 owner.
18 "Person" means any individual, partnership, firm, company,
19limited liability company, corporation, association, joint
20stock company, trust, estate, political subdivision, State
21agency, or any other legal entity, or their legal
22representative, agent, or assign.
23 "Regulated facility" means a residential building or child
24care facility.
25 "Residential building" means any room, group of rooms, or
26other interior areas of a structure designed or used for human

HB4327- 149 -LRB103 34892 RLC 64759 b
1habitation; common areas accessible by inhabitants; and the
2surrounding property or structures.
3(Source: P.A. 100-723, eff. 1-1-19.)
4 (430 ILCS 65/Act rep.)
5 Section 130. The Firearm Owners Identification Card Act is
6repealed.
7 Section 135. The Firearm Concealed Carry Act is amended by
8changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:
9 (430 ILCS 66/25)
10 Sec. 25. Qualifications for a license.
11 The Illinois State Police shall issue a license to an
12applicant completing an application in accordance with Section
1330 of this Act if the person:
14 (1) is at least 21 years of age;
15 (2) has a currently valid Firearm Owner's
16 Identification Card and at the time of application meets
17 the requirements for the issuance of a Firearm Owner's
18 Identification Card and is not prohibited under State the
19 Firearm Owners Identification Card Act or federal law from
20 possessing or receiving a firearm;
21 (3) has not been convicted or found guilty in this
22 State or in any other state of:
23 (A) a misdemeanor involving the use or threat of

HB4327- 150 -LRB103 34892 RLC 64759 b
1 physical force or violence to any person within the 5
2 years preceding the date of the license application;
3 or
4 (B) 2 or more violations related to driving while
5 under the influence of alcohol, other drug or drugs,
6 intoxicating compound or compounds, or any combination
7 thereof, within the 5 years preceding the date of the
8 license application;
9 (4) is not the subject of a pending arrest warrant,
10 prosecution, or proceeding for an offense or action that
11 could lead to disqualification to own or possess a
12 firearm;
13 (5) has not been in residential or court-ordered
14 treatment for alcoholism, alcohol detoxification, or drug
15 treatment within the 5 years immediately preceding the
16 date of the license application; and
17 (6) has completed firearms training and any education
18 component required under Section 75 of this Act.
19(Source: P.A. 102-538, eff. 8-20-21.)
20 (430 ILCS 66/30)
21 Sec. 30. Contents of license application.
22 (a) The license application shall be in writing, under
23penalty of perjury, on a standard form adopted by the Illinois
24State Police and shall be accompanied by the documentation
25required in this Section and the applicable fee. Each

HB4327- 151 -LRB103 34892 RLC 64759 b
1application form shall include the following statement printed
2in bold type: "Warning: Entering false information on this
3form is punishable as perjury under Section 32-2 of the
4Criminal Code of 2012."
5 (b) The application shall contain the following:
6 (1) the applicant's name, current address, date and
7 year of birth, place of birth, height, weight, hair color,
8 eye color, maiden name or any other name the applicant has
9 used or identified with, and any address where the
10 applicant resided for more than 30 days within the 10
11 years preceding the date of the license application;
12 (2) the applicant's valid driver's license number or
13 valid state identification card number;
14 (3) a waiver of the applicant's privacy and
15 confidentiality rights and privileges under all federal
16 and state laws, including those limiting access to
17 juvenile court, criminal justice, psychological, or
18 psychiatric records or records relating to any
19 institutionalization of the applicant, and an affirmative
20 request that a person having custody of any of these
21 records provide it or information concerning it to the
22 Illinois State Police. The waiver only applies to records
23 sought in connection with determining whether the
24 applicant qualifies for a license to carry a concealed
25 firearm under this Act, or whether the applicant remains
26 in compliance with the Firearm Owners Identification Card

HB4327- 152 -LRB103 34892 RLC 64759 b
1 Act;
2 (4) an affirmation that the applicant is not
3 prohibited under State or federal law from possessing or
4 receiving a firearm possesses a currently valid Firearm
5 Owner's Identification Card and card number if possessed
6 or notice the applicant is applying for a Firearm Owner's
7 Identification Card in conjunction with the license
8 application;
9 (5) an affirmation that the applicant has not been
10 convicted or found guilty of:
11 (A) a felony;
12 (B) a misdemeanor involving the use or threat of
13 physical force or violence to any person within the 5
14 years preceding the date of the application; or
15 (C) 2 or more violations related to driving while
16 under the influence of alcohol, other drug or drugs,
17 intoxicating compound or compounds, or any combination
18 thereof, within the 5 years preceding the date of the
19 license application;
20 (6) whether the applicant has failed a drug test for a
21 drug for which the applicant did not have a prescription,
22 within the previous year, and if so, the provider of the
23 test, the specific substance involved, and the date of the
24 test;
25 (7) written consent for the Illinois State Police to
26 review and use the applicant's Illinois digital driver's

HB4327- 153 -LRB103 34892 RLC 64759 b
1 license or Illinois identification card photograph and
2 signature;
3 (8) unless submitted under subsection (a-25) of
4 Section 4 of the Firearm Owners Identification Card Act, a
5 full set of fingerprints submitted to the Illinois State
6 Police in electronic format, provided the Illinois State
7 Police may accept an application submitted without a set
8 of fingerprints, in which case the Illinois State Police
9 shall be granted 30 days in addition to the 90 days
10 provided under subsection (e) of Section 10 of this Act to
11 issue or deny a license;
12 (9) a head and shoulder color photograph in a size
13 specified by the Illinois State Police taken within the 30
14 days preceding the date of the license application; and
15 (10) a photocopy of any certificates or other evidence
16 of compliance with the training requirements under this
17 Act.
18(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
19102-813, eff. 5-13-22.)
20 (430 ILCS 66/40)
21 Sec. 40. Non-resident license applications.
22 (a) For the purposes of this Section, "non-resident" means
23a person who has not resided within this State for more than 30
24days and resides in another state or territory.
25 (b) The Illinois State Police shall by rule allow for

HB4327- 154 -LRB103 34892 RLC 64759 b
1non-resident license applications from any state or territory
2of the United States with laws related to firearm ownership,
3possession, and carrying, that are substantially similar to
4the requirements to obtain a license under this Act.
5 (c) A resident of a state or territory approved by the
6Illinois State Police under subsection (b) of this Section may
7apply for a non-resident license. The applicant shall apply to
8the Illinois State Police and must meet all of the
9qualifications established in Section 25 of this Act, except
10for the Illinois residency requirement in item (xiv) of
11paragraph (2) of subsection (a) of Section 4 of the Firearm
12Owners Identification Card Act. The applicant shall submit:
13 (1) the application and documentation required under
14 Section 30 of this Act and the applicable fee;
15 (2) a notarized document stating that the applicant:
16 (A) is eligible under federal law and the laws of
17 his or her state or territory of residence to own or
18 possess a firearm;
19 (B) if applicable, has a license or permit to
20 carry a firearm or concealed firearm issued by his or
21 her state or territory of residence and attach a copy
22 of the license or permit to the application;
23 (C) understands Illinois laws pertaining to the
24 possession and transport of firearms; and
25 (D) acknowledges that the applicant is subject to
26 the jurisdiction of the Illinois State Police and

HB4327- 155 -LRB103 34892 RLC 64759 b
1 Illinois courts for any violation of this Act;
2 (3) a photocopy of any certificates or other evidence
3 of compliance with the training requirements under Section
4 75 of this Act; and
5 (4) a head and shoulder color photograph in a size
6 specified by the Illinois State Police taken within the 30
7 days preceding the date of the application.
8 (d) In lieu of an Illinois driver's license or Illinois
9identification card, a non-resident applicant shall provide
10similar documentation from his or her state or territory of
11residence. The applicant shall submit In lieu of a valid
12Firearm Owner's Identification Card, the applicant shall
13submit documentation and information required by the Illinois
14State Police to obtain a Firearm Owner's Identification Card,
15including an affidavit that the non-resident meets the mental
16health standards to obtain a firearm under Illinois law, and
17the Illinois State Police shall ensure that the applicant
18would meet the eligibility criteria under State law to possess
19a firearm to obtain a Firearm Owner's Identification card if
20he or she was a resident of this State.
21 (e) Nothing in this Act shall prohibit a non-resident from
22transporting a concealed firearm within his or her vehicle in
23Illinois, if the concealed firearm remains within his or her
24vehicle and the non-resident:
25 (1) is not prohibited from owning or possessing a
26 firearm under federal law;

HB4327- 156 -LRB103 34892 RLC 64759 b
1 (2) is eligible to carry a firearm in public under the
2 laws of his or her state or territory of residence, as
3 evidenced by the possession of a concealed carry license
4 or permit issued by his or her state of residence, if
5 applicable; and
6 (3) is not in possession of a license under this Act.
7 If the non-resident leaves his or her vehicle unattended,
8he or she shall store the firearm within a locked vehicle or
9locked container within the vehicle in accordance with
10subsection (b) of Section 65 of this Act.
11(Source: P.A. 102-538, eff. 8-20-21.)
12 (430 ILCS 66/66)
13 Sec. 66. Illinois State Police to monitor databases for
14firearms prohibitors. The Illinois State Police shall
15continuously monitor relevant State and federal databases for
16firearms prohibitors and correlate those records with
17concealed carry license holders to ensure compliance with this
18Act and any other State and federal laws. As used in this
19Section, "firearms prohibitor" means any factor listed in
20Section 8 or Section 8.2 of the Firearm Owners Identification
21Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012
22that prohibits a person from transferring or possessing a
23firearm, firearm ammunition, Firearm Owner's Identification
24Card, or concealed carry license.
25(Source: P.A. 102-237, eff. 1-1-22.)

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1 (430 ILCS 66/70)
2 Sec. 70. Violations.
3 (a) A license issued or renewed under this Act shall be
4revoked if, at any time, the licensee is found to be ineligible
5for a license under this Act or the licensee is prohibited from
6possessing a firearm under State or federal law no longer
7meets the eligibility requirements of the Firearm Owners
8Identification Card Act.
9 (b) A license shall be suspended if an order of
10protection, including an emergency order of protection,
11plenary order of protection, or interim order of protection
12under Article 112A of the Code of Criminal Procedure of 1963 or
13under the Illinois Domestic Violence Act of 1986, or if a
14firearms restraining order, including an emergency firearms
15restraining order, under the Firearms Restraining Order Act,
16is issued against a licensee for the duration of the order, or
17if the Illinois State Police is made aware of a similar order
18issued against the licensee in any other jurisdiction. If an
19order of protection is issued against a licensee, the licensee
20shall surrender the license, as applicable, to the court at
21the time the order is entered or to the law enforcement agency
22or entity serving process at the time the licensee is served
23the order. The court, law enforcement agency, or entity
24responsible for serving the order of protection shall notify
25the Illinois State Police within 7 days and transmit the

HB4327- 158 -LRB103 34892 RLC 64759 b
1license to the Illinois State Police.
2 (c) A license is invalid upon expiration of the license,
3unless the licensee has submitted an application to renew the
4license, and the applicant is otherwise eligible to possess a
5license under this Act.
6 (d) A licensee shall not carry a concealed firearm while
7under the influence of alcohol, other drug or drugs,
8intoxicating compound or combination of compounds, or any
9combination thereof, under the standards set forth in
10subsection (a) of Section 11-501 of the Illinois Vehicle Code.
11 A licensee in violation of this subsection (d) shall be
12guilty of a Class A misdemeanor for a first or second violation
13and a Class 4 felony for a third violation. The Illinois State
14Police may suspend a license for up to 6 months for a second
15violation and shall permanently revoke a license for a third
16violation.
17 (e) Except as otherwise provided, a licensee in violation
18of this Act shall be guilty of a Class B misdemeanor. A second
19or subsequent violation is a Class A misdemeanor. The Illinois
20State Police may suspend a license for up to 6 months for a
21second violation and shall permanently revoke a license for 3
22or more violations of Section 65 of this Act. Any person
23convicted of a violation under this Section shall pay a $150
24fee to be deposited into the Mental Health Reporting Fund,
25plus any applicable court costs or fees.
26 (f) A licensee convicted or found guilty of a violation of

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1this Act who has a valid license and is otherwise eligible to
2carry a concealed firearm shall only be subject to the
3penalties under this Section and shall not be subject to the
4penalties under Section 21-6, paragraph (4), (8), or (10) of
5subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
6of paragraph (3) of subsection (a) of Section 24-1.6 of the
7Criminal Code of 2012. Except as otherwise provided in this
8subsection, nothing in this subsection prohibits the licensee
9from being subjected to penalties for violations other than
10those specified in this Act.
11 (g) A licensee whose license is revoked, suspended, or
12denied shall, within 48 hours of receiving notice of the
13revocation, suspension, or denial, surrender his or her
14concealed carry license to the local law enforcement agency
15where the person resides. The local law enforcement agency
16shall provide the licensee a receipt and transmit the
17concealed carry license to the Illinois State Police. If the
18licensee whose concealed carry license has been revoked,
19suspended, or denied fails to comply with the requirements of
20this subsection, the law enforcement agency where the person
21resides may petition the circuit court to issue a warrant to
22search for and seize the concealed carry license in the
23possession and under the custody or control of the licensee
24whose concealed carry license has been revoked, suspended, or
25denied. The observation of a concealed carry license in the
26possession of a person whose license has been revoked,

HB4327- 160 -LRB103 34892 RLC 64759 b
1suspended, or denied constitutes a sufficient basis for the
2arrest of that person for violation of this subsection. A
3violation of this subsection is a Class A misdemeanor.
4 (h) (Blank). Except as otherwise provided in subsection
5(h-5), a license issued or renewed under this Act shall be
6revoked if, at any time, the licensee is found ineligible for a
7Firearm Owner's Identification Card, or the licensee no longer
8possesses a valid Firearm Owner's Identification Card. If the
9Firearm Owner's Identification Card is expired or suspended
10rather than denied or revoked, the license may be suspended
11for a period of up to one year to allow the licensee to
12reinstate his or her Firearm Owner's Identification Card. The
13Illinois State Police shall adopt rules to enforce this
14subsection. A licensee whose license is revoked under this
15subsection (h) shall surrender his or her concealed carry
16license as provided for in subsection (g) of this Section.
17 This subsection shall not apply to a person who has filed
18an application with the Illinois State Police for renewal of a
19Firearm Owner's Identification Card and who is not otherwise
20ineligible to obtain a Firearm Owner's Identification Card.
21 (h-5) (Blank). If the Firearm Owner's Identification Card
22of a licensee under this Act expires during the term of the
23license issued under this Act, the license and the Firearm
24Owner's Identification Card remain valid, and the Illinois
25State Police may automatically renew the licensee's Firearm
26Owner's Identification Card as provided in subsection (c) of

HB4327- 161 -LRB103 34892 RLC 64759 b
1Section 5 of the Firearm Owners Identification Card Act.
2 (i) A certified firearms instructor who knowingly provides
3or offers to provide a false certification that an applicant
4has completed firearms training as required under this Act is
5guilty of a Class A misdemeanor. A person guilty of a violation
6of this subsection (i) is not eligible for court supervision.
7The Illinois State Police shall permanently revoke the
8firearms instructor certification of a person convicted under
9this subsection (i).
10(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
11102-813, eff. 5-13-22.)
12 (430 ILCS 66/80)
13 Sec. 80. Certified firearms instructors.
14 (a) Within 60 days of the effective date of this Act, the
15Illinois State Police shall begin approval of certified
16firearms instructors and enter certified firearms instructors
17into an online registry on the Illinois State Police's
18website.
19 (b) A person who is not a certified firearms instructor
20shall not teach applicant training courses or advertise or
21otherwise represent courses they teach as qualifying their
22students to meet the requirements to receive a license under
23this Act. Each violation of this subsection is a business
24offense with a fine of at least $1,000 per violation.
25 (c) A person seeking to become a certified firearms

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1instructor shall:
2 (1) be at least 21 years of age;
3 (2) be a legal resident of the United States; and
4 (3) meet the requirements of Section 25 of this Act,
5 except for the Illinois residency requirement in item
6 (xiv) of paragraph (2) of subsection (a) of Section 4 of
7 the Firearm Owners Identification Card Act; and any
8 additional uniformly applied requirements established by
9 the Illinois State Police.
10 (d) A person seeking to become a certified firearms
11instructor, in addition to the requirements of subsection (c)
12of this Section, shall:
13 (1) possess a high school diploma or State of Illinois
14 High School Diploma; and
15 (2) have at least one of the following valid firearms
16 instructor certifications:
17 (A) certification from a law enforcement agency;
18 (B) certification from a firearm instructor course
19 offered by a State or federal governmental agency;
20 (C) certification from a firearm instructor
21 qualification course offered by the Illinois Law
22 Enforcement Training Standards Board; or
23 (D) certification from an entity approved by the
24 Illinois State Police that offers firearm instructor
25 education and training in the use and safety of
26 firearms.

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1 (e) A person may have his or her firearms instructor
2certification denied or revoked if he or she does not meet the
3requirements to obtain a license under this Act, provides
4false or misleading information to the Illinois State Police,
5or has had a prior instructor certification revoked or denied
6by the Illinois State Police.
7(Source: P.A. 102-538, eff. 8-20-21; 102-1100, eff. 1-1-23.)
8 (430 ILCS 66/105)
9 Sec. 105. Duty of school administrator. It is the duty of
10the principal of a public elementary or secondary school, or
11his or her designee, and the chief administrative officer of a
12private elementary or secondary school or a public or private
13community college, college, or university, or his or her
14designee, to report to the Illinois State Police when a
15student is determined to pose a clear and present danger to
16himself, herself, or to others, within 24 hours of the
17determination as provided in Section 6-103.3 of the Mental
18Health and Developmental Disabilities Code. "Clear and present
19danger" has the meaning as provided in paragraph (2) of the
20definition of "clear and present danger" in Section 6-103.3 of
21the Mental Health and Developmental Disabilities Code 1.1 of
22the Firearm Owners Identification Card Act.
23(Source: P.A. 102-538, eff. 8-20-21.)
24 Section 140. The Firearms Restraining Order Act is amended

HB4327- 164 -LRB103 34892 RLC 64759 b
1by changing Sections 35 and 40 as follows:
2 (430 ILCS 67/35)
3 Sec. 35. Ex parte orders and emergency hearings.
4 (a) A petitioner may request an emergency firearms
5restraining order by filing an affidavit or verified pleading
6alleging that the respondent poses an immediate and present
7danger of causing personal injury to himself, herself, or
8another by having in his or her custody or control,
9purchasing, possessing, or receiving a firearm, ammunition, or
10firearm parts that could be assembled to make an operable
11firearm. The petition shall also describe the type and
12location of any firearm or firearms, ammunition, or firearm
13parts that could be assembled to make an operable firearm
14presently believed by the petitioner to be possessed or
15controlled by the respondent.
16 (b) If the respondent is alleged to pose an immediate and
17present danger of causing personal injury to an intimate
18partner, or an intimate partner is alleged to have been the
19target of a threat or act of violence by the respondent, the
20petitioner shall make a good faith effort to provide notice to
21any and all intimate partners of the respondent. The notice
22must include that the petitioner intends to petition the court
23for an emergency firearms restraining order, and, if the
24petitioner is a law enforcement officer, referral to relevant
25domestic violence or stalking advocacy or counseling

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1resources, if appropriate. The petitioner shall attest to
2having provided the notice in the filed affidavit or verified
3pleading. If, after making a good faith effort, the petitioner
4is unable to provide notice to any or all intimate partners,
5the affidavit or verified pleading should describe what
6efforts were made.
7 (c) Every person who files a petition for an emergency
8firearms restraining order, knowing the information provided
9to the court at any hearing or in the affidavit or verified
10pleading to be false, is guilty of perjury under Section 32-2
11of the Criminal Code of 2012.
12 (d) An emergency firearms restraining order shall be
13issued on an ex parte basis, that is, without notice to the
14respondent.
15 (e) An emergency hearing held on an ex parte basis shall be
16held the same day that the petition is filed or the next day
17that the court is in session.
18 (f) If a circuit or associate judge finds probable cause
19to believe that the respondent poses an immediate and present
20danger of causing personal injury to himself, herself, or
21another by having in his or her custody or control,
22purchasing, possessing, or receiving a firearm, ammunition, or
23firearm parts that could be assembled to make an operable
24firearm, the circuit or associate judge shall issue an
25emergency order.
26 (f-5) If the court issues an emergency firearms

HB4327- 166 -LRB103 34892 RLC 64759 b
1restraining order, it shall, upon a finding of probable cause
2that the respondent possesses firearms, ammunition, or firearm
3parts that could be assembled to make an operable firearm,
4issue a search warrant directing a law enforcement agency to
5seize the respondent's firearms, ammunition, and firearm parts
6that could be assembled to make an operable firearm. The court
7may, as part of that warrant, direct the law enforcement
8agency to search the respondent's residence and other places
9where the court finds there is probable cause to believe he or
10she is likely to possess the firearms, ammunition, or firearm
11parts that could be assembled to make an operable firearm. A
12return of the search warrant shall be filed by the law
13enforcement agency within 4 days thereafter, setting forth the
14time, date, and location that the search warrant was executed
15and what items, if any, were seized.
16 (g) An emergency firearms restraining order shall require:
17 (1) the respondent to refrain from having in his or
18 her custody or control, purchasing, possessing, or
19 receiving additional firearms, ammunition, or firearm
20 parts that could be assembled to make an operable firearm,
21 or removing firearm parts that could be assembled to make
22 an operable firearm for the duration of the order under
23 Section 8.2 of the Firearm Owners Identification Card Act;
24 and
25 (2) the respondent to comply with Section 9.5 of the
26 Firearm Owners Identification Card Act and subsection (g)

HB4327- 167 -LRB103 34892 RLC 64759 b
1 of Section 70 of the Firearm Concealed Carry Act.
2 (h) Except as otherwise provided in subsection (h-5) of
3this Section, upon expiration of the period of safekeeping, if
4the firearms, ammunition, and firearm parts that could be
5assembled to make an operable firearm or Firearm Owner's
6Identification Card and concealed carry license cannot be
7returned to the respondent because the respondent cannot be
8located, fails to respond to requests to retrieve the
9firearms, or is not lawfully eligible to possess a firearm,
10ammunition, or firearm parts that could be assembled to make
11an operable firearm, upon petition from the local law
12enforcement agency, the court may order the local law
13enforcement agency to destroy the firearms, ammunition, and
14firearm parts that could be assembled to make an operable
15firearm, use the firearms, ammunition, and firearm parts that
16could be assembled to make an operable firearm for training
17purposes, or use the firearms, ammunition, and firearm parts
18that could be assembled to make an operable firearm for any
19other application as deemed appropriate by the local law
20enforcement agency.
21 (h-5) On or before January 1, 2022, a respondent whose
22firearms have been turned over to a local law enforcement
23agency Firearm Owner's Identification Card has been revoked or
24suspended may petition the court, if the petitioner is present
25in court or has notice of the respondent's petition, to
26transfer the respondent's firearm, ammunition, and firearm

HB4327- 168 -LRB103 34892 RLC 64759 b
1parts that could be assembled to make an operable firearm to a
2person who is lawfully able to possess the firearm,
3ammunition, and firearm parts that could be assembled to make
4an operable firearm if the person does not reside at the same
5address as the respondent. Notice of the petition shall be
6served upon the person protected by the emergency firearms
7restraining order. While the order is in effect, the
8transferee who receives the respondent's firearms, ammunition,
9and firearm parts that could be assembled to make an operable
10firearm must swear or affirm by affidavit that he or she shall
11not transfer the firearm, ammunition, and firearm parts that
12could be assembled to make an operable firearm to the
13respondent or to anyone residing in the same residence as the
14respondent.
15 (h-6) If a person other than the respondent claims title
16to any firearms, ammunition, and firearm parts that could be
17assembled to make an operable firearm surrendered under this
18Section, he or she may petition the court, if the petitioner is
19present in court or has notice of the petition, to have the
20firearm, ammunition, and firearm parts that could be assembled
21to make an operable firearm returned to him or her. If the
22court determines that person to be the lawful owner of the
23firearm, ammunition, and firearm parts that could be assembled
24to make an operable firearm, the firearm, ammunition, and
25firearm parts that could be assembled to make an operable
26firearm shall be returned to him or her, provided that:

HB4327- 169 -LRB103 34892 RLC 64759 b
1 (1) the firearm, ammunition, and firearm parts that
2 could be assembled to make an operable firearm are removed
3 from the respondent's custody, control, or possession and
4 the lawful owner agrees to store the firearm, ammunition,
5 and firearm parts that could be assembled to make an
6 operable firearm in a manner such that the respondent does
7 not have access to or control of the firearm, ammunition,
8 and firearm parts that could be assembled to make an
9 operable firearm; and
10 (2) the firearm, ammunition, and firearm parts that
11 could be assembled to make an operable firearm are not
12 otherwise unlawfully possessed by the owner.
13 The person petitioning for the return of his or her
14firearm, ammunition, and firearm parts that could be assembled
15to make an operable firearm must swear or affirm by affidavit
16that he or she: (i) is the lawful owner of the firearm,
17ammunition, and firearm parts that could be assembled to make
18an operable firearm; (ii) shall not transfer the firearm,
19ammunition, and firearm parts that could be assembled to make
20an operable firearm to the respondent; and (iii) will store
21the firearm, ammunition, and firearm parts that could be
22assembled to make an operable firearm in a manner that the
23respondent does not have access to or control of the firearm,
24ammunition, and firearm parts that could be assembled to make
25an operable firearm.
26 (i) In accordance with subsection (e) of this Section, the

HB4327- 170 -LRB103 34892 RLC 64759 b
1court shall schedule a full hearing as soon as possible, but no
2longer than 14 days from the issuance of an ex parte firearms
3restraining order, to determine if a 6-month firearms
4restraining order shall be issued. The court may extend an ex
5parte order as needed, but not to exceed 14 days, to effectuate
6service of the order or if necessary to continue protection.
7The court may extend the order for a greater length of time by
8mutual agreement of the parties.
9(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
10102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
115-13-22.)
12 (430 ILCS 67/40)
13 Sec. 40. Plenary orders.
14 (a) A petitioner may request a firearms restraining order
15for up to one year by filing an affidavit or verified pleading
16alleging that the respondent poses a significant danger of
17causing personal injury to himself, herself, or another in the
18near future by having in his or her custody or control,
19purchasing, possessing, or receiving a firearm, ammunition,
20and firearm parts that could be assembled to make an operable
21firearm. The petition shall also describe the number, types,
22and locations of any firearms, ammunition, and firearm parts
23that could be assembled to make an operable firearm presently
24believed by the petitioner to be possessed or controlled by
25the respondent. The firearms restraining order may be renewed

HB4327- 171 -LRB103 34892 RLC 64759 b
1for an additional period of up to one year in accordance with
2Section 45 of this Act.
3 (b) If the respondent is alleged to pose a significant
4danger of causing personal injury to an intimate partner, or
5an intimate partner is alleged to have been the target of a
6threat or act of violence by the respondent, the petitioner
7shall make a good faith effort to provide notice to any and all
8intimate partners of the respondent. The notice must include
9the duration of time that the petitioner intends to petition
10the court for a firearms restraining order, and, if the
11petitioner is a law enforcement officer, referral to relevant
12domestic violence or stalking advocacy or counseling
13resources, if appropriate. The petitioner shall attest to
14having provided the notice in the filed affidavit or verified
15pleading. If, after making a good faith effort, the petitioner
16is unable to provide notice to any or all intimate partners,
17the affidavit or verified pleading should describe what
18efforts were made.
19 (c) Every person who files a petition for a plenary
20firearms restraining order, knowing the information provided
21to the court at any hearing or in the affidavit or verified
22pleading to be false, is guilty of perjury under Section 32-2
23of the Criminal Code of 2012.
24 (d) Upon receipt of a petition for a plenary firearms
25restraining order, the court shall order a hearing within 30
26days.

HB4327- 172 -LRB103 34892 RLC 64759 b
1 (e) In determining whether to issue a firearms restraining
2order under this Section, the court shall consider evidence
3including, but not limited to, the following:
4 (1) The unlawful and reckless use, display, or
5 brandishing of a firearm, ammunition, and firearm parts
6 that could be assembled to make an operable firearm by the
7 respondent.
8 (2) The history of use, attempted use, or threatened
9 use of physical force by the respondent against another
10 person.
11 (3) Any prior arrest of the respondent for a felony
12 offense.
13 (4) Evidence of the abuse of controlled substances or
14 alcohol by the respondent.
15 (5) A recent threat of violence or act of violence by
16 the respondent directed toward himself, herself, or
17 another.
18 (6) A violation of an emergency order of protection
19 issued under Section 217 of the Illinois Domestic Violence
20 Act of 1986 or Section 112A-17 of the Code of Criminal
21 Procedure of 1963 or of an order of protection issued
22 under Section 214 of the Illinois Domestic Violence Act of
23 1986 or Section 112A-14 of the Code of Criminal Procedure
24 of 1963.
25 (7) A pattern of violent acts or violent threats,
26 including, but not limited to, threats of violence or acts

HB4327- 173 -LRB103 34892 RLC 64759 b
1 of violence by the respondent directed toward himself,
2 herself, or another.
3 (f) At the hearing, the petitioner shall have the burden
4of proving, by clear and convincing evidence, that the
5respondent poses a significant danger of personal injury to
6himself, herself, or another by having in his or her custody or
7control, purchasing, possessing, or receiving a firearm,
8ammunition, and firearm parts that could be assembled to make
9an operable firearm.
10 (g) If the court finds that there is clear and convincing
11evidence to issue a plenary firearms restraining order, the
12court shall issue a firearms restraining order that shall be
13in effect for up to one year, but not less than 6 months,
14subject to renewal under Section 45 of this Act or termination
15under that Section.
16 (g-5) If the court issues a plenary firearms restraining
17order, it shall, upon a finding of probable cause that the
18respondent possesses firearms, ammunition, and firearm parts
19that could be assembled to make an operable firearm, issue a
20search warrant directing a law enforcement agency to seize the
21respondent's firearms, ammunition, and firearm parts that
22could be assembled to make an operable firearm. The court may,
23as part of that warrant, direct the law enforcement agency to
24search the respondent's residence and other places where the
25court finds there is probable cause to believe he or she is
26likely to possess the firearms, ammunition, and firearm parts

HB4327- 174 -LRB103 34892 RLC 64759 b
1that could be assembled to make an operable firearm. A return
2of the search warrant shall be filed by the law enforcement
3agency within 4 days thereafter, setting forth the time, date,
4and location that the search warrant was executed and what
5items, if any, were seized.
6 (h) A plenary firearms restraining order shall require:
7 (1) the respondent to refrain from having in his or
8 her custody or control, purchasing, possessing, or
9 receiving additional firearms, ammunition, and firearm
10 parts that could be assembled to make an operable firearm
11 for the duration of the order under Section 8.2 of the
12 Firearm Owners Identification Card Act; and
13 (2) the respondent to comply with Section 9.5 of the
14 Firearm Owners Identification Card Act and subsection (g)
15 of Section 70 of the Firearm Concealed Carry Act.
16 (i) Except as otherwise provided in subsection (i-5) of
17this Section, upon expiration of the period of safekeeping, if
18the firearms, ammunition, and firearm parts that could be
19assembled to make an operable firearm or Firearm Owner's
20Identification Card cannot be returned to the respondent
21because the respondent cannot be located, fails to respond to
22requests to retrieve the firearms, ammunition, and firearm
23parts that could be assembled to make an operable firearm, or
24is not lawfully eligible to possess a firearm, ammunition, and
25firearm parts that could be assembled to make an operable
26firearm, upon petition from the local law enforcement agency,

HB4327- 175 -LRB103 34892 RLC 64759 b
1the court may order the local law enforcement agency to
2destroy the firearms, ammunition, and firearm parts that could
3be assembled to make an operable firearm, use the firearms,
4ammunition, and firearm parts that could be assembled to make
5an operable firearm for training purposes, or use the
6firearms, ammunition, and firearm parts that could be
7assembled to make an operable firearm for any other
8application as deemed appropriate by the local law enforcement
9agency.
10 (i-5) A respondent whose firearms have been turned over to
11a local law enforcement agency Firearm Owner's Identification
12Card has been revoked or suspended may petition the court, if
13the petitioner is present in court or has notice of the
14respondent's petition, to transfer the respondent's firearm,
15ammunition, and firearm parts that could be assembled to make
16an operable firearm to a person who is lawfully able to possess
17the firearm, ammunition, and firearm parts that could be
18assembled to make an operable firearm if the person does not
19reside at the same address as the respondent. Notice of the
20petition shall be served upon the person protected by the
21emergency firearms restraining order. While the order is in
22effect, the transferee who receives the respondent's firearms,
23ammunition, and firearm parts that could be assembled to make
24an operable firearm must swear or affirm by affidavit that he
25or she shall not transfer the firearm, ammunition, and firearm
26parts that could be assembled to make an operable firearm to

HB4327- 176 -LRB103 34892 RLC 64759 b
1the respondent or to anyone residing in the same residence as
2the respondent.
3 (i-6) If a person other than the respondent claims title
4to any firearms, ammunition, and firearm parts that could be
5assembled to make an operable firearm surrendered under this
6Section, he or she may petition the court, if the petitioner is
7present in court or has notice of the petition, to have the
8firearm, ammunition, and firearm parts that could be assembled
9to make an operable firearm returned to him or her. If the
10court determines that person to be the lawful owner of the
11firearm, ammunition, and firearm parts that could be assembled
12to make an operable firearm, the firearm, ammunition, and
13firearm parts that could be assembled to make an operable
14firearm shall be returned to him or her, provided that:
15 (1) the firearm, ammunition, and firearm parts that
16 could be assembled to make an operable firearm are removed
17 from the respondent's custody, control, or possession and
18 the lawful owner agrees to store the firearm, ammunition,
19 and firearm parts that could be assembled to make an
20 operable firearm in a manner such that the respondent does
21 not have access to or control of the firearm, ammunition,
22 and firearm parts that could be assembled to make an
23 operable firearm; and
24 (2) the firearm, ammunition, and firearm parts that
25 could be assembled to make an operable firearm are not
26 otherwise unlawfully possessed by the owner.

HB4327- 177 -LRB103 34892 RLC 64759 b
1 The person petitioning for the return of his or her
2firearm, ammunition, and firearm parts that could be assembled
3to make an operable firearm must swear or affirm by affidavit
4that he or she: (i) is the lawful owner of the firearm,
5ammunition, and firearm parts that could be assembled to make
6an operable firearm; (ii) shall not transfer the firearm,
7ammunition, and firearm parts that could be assembled to make
8an operable firearm to the respondent; and (iii) will store
9the firearm, ammunition, and firearm parts that could be
10assembled to make an operable firearm in a manner that the
11respondent does not have access to or control of the firearm,
12ammunition, and firearm parts that could be assembled to make
13an operable firearm.
14 (j) If the court does not issue a firearms restraining
15order at the hearing, the court shall dissolve any emergency
16firearms restraining order then in effect.
17 (k) When the court issues a firearms restraining order
18under this Section, the court shall inform the respondent that
19he or she is entitled to one hearing during the period of the
20order to request a termination of the order, under Section 45
21of this Act, and shall provide the respondent with a form to
22request a hearing.
23(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
24102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
255-13-22; 102-1116, eff. 1-10-23.)

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1 Section 145. The Firearm Dealer License Certification Act
2is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
3follows:
4 (430 ILCS 68/5-20)
5 Sec. 5-20. Additional licensee requirements.
6 (a) A certified licensee shall make a photo copy of a
7buyer's or transferee's valid photo identification card
8whenever a firearm sale transaction takes place. The photo
9copy shall be attached to the documentation detailing the
10record of sale.
11 (b) A certified licensee shall post in a conspicuous
12position on the premises where the licensee conducts business
13a sign that contains the following warning in block letters
14not less than one inch in height:
15 "With few exceptions enumerated in the Criminal Code
16 of 2012 Firearm Owners Identification Card Act, it is
17 unlawful for you to:
18 (A) store or leave an unsecured firearm in a place
19 where a child can obtain access to it; or
20 (B) sell or transfer your firearm to someone else
21 without receiving approval for the transfer from the
22 Illinois State Police, or
23 (B) (C) fail to report the loss or theft of your
24 firearm to local law enforcement within 72 hours.".
25This sign shall be created by the Illinois State Police and

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1made available for printing or downloading from the Illinois
2State Police's website.
3 (c) No retail location established after the effective
4date of this Act shall be located within 500 feet of any
5school, pre-school, or day care facility in existence at its
6location before the retail location is established as measured
7from the nearest corner of the building holding the retail
8location to the corner of the school, pre-school, or day care
9facility building nearest the retail location at the time the
10retail location seeks licensure.
11(Source: P.A. 102-538, eff. 8-20-21.)
12 (430 ILCS 68/5-25)
13 Sec. 5-25. Exemptions. The provisions of this Act related
14to the certification of a license do not apply to a person or
15entity that engages in the following activities:
16 (1) temporary transfers of firearms solely for use at
17 the location or on the premises where the transfer takes
18 place, such as transfers at a shooting range for use at
19 that location;
20 (2) temporary transfers of firearms solely for use
21 while in the presence of the transferor or transfers for
22 the purposes of firearm safety training by a firearms
23 safety training instructor;
24 (3) transfers of firearms among immediate family or
25 household members, as "immediate family or household

HB4327- 180 -LRB103 34892 RLC 64759 b
1 member" is defined in Section 3-2.7-10 of the Unified Code
2 of Corrections, provided that both the transferor and
3 transferee are not prohibited from possessing a firearm
4 under federal or State law have a currently valid Firearm
5 Owner's Identification Card; however, this paragraph (3)
6 does not limit the familial gift exemption under paragraph
7 (2) of subsection (a-15) of Section 3 of the Firearm
8 Owners Identification Card Act;
9 (4) transfers by persons or entities acting under
10 operation of law or a court order;
11 (5) transfers by persons or entities liquidating all
12 or part of a collection. For purposes of this paragraph
13 (5), "collection" means 2 or more firearms which are of
14 special interest to collectors by reason of some quality
15 other than is associated with firearms intended for
16 sporting use or as offensive or defensive weapons;
17 (6) transfers of firearms that have been rendered
18 permanently inoperable to a nonprofit historical society,
19 museum, or institutional collection;
20 (7) transfers by a law enforcement or corrections
21 agency or a law enforcement or corrections officer acting
22 within the course and scope of his or her official duties;
23 (8) (blank); transfers to a State or local law
24 enforcement agency by a person who has his or her Firearm
25 Owner's Identification Card revoked;
26 (9) transfers of curios and relics, as defined under

HB4327- 181 -LRB103 34892 RLC 64759 b
1 federal law, between collectors licensed under subsection
2 (b) of Section 923 of the federal Gun Control Act of 1968;
3 (10) transfers by a person or entity licensed as an
4 auctioneer under the Auction License Act;
5 (10.5) transfers of firearms to a resident registered
6 competitor or attendee or non-resident registered
7 competitor or attendee by a licensed federal firearms
8 dealer under Section 923 of the federal Gun Control Act of
9 1968 at a competitive shooting event held at the World
10 Shooting and Recreational Complex that is sanctioned by a
11 national governing body; or
12 (11) transfers between a pawnshop and a customer which
13 amount to a bailment. For purposes of this paragraph (11),
14 "bailment" means the act of placing property in the
15 custody and control of another, by agreement in which the
16 holder is responsible for the safekeeping and return of
17 the property.
18(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
19 (430 ILCS 68/5-40)
20 Sec. 5-40. Qualifications for operation.
21 (a) Each certified licensee shall submit with each
22application for certification or renewal an affidavit to the
23Illinois State Police stating that each owner, employee, or
24other agent of the certified licensee who sells or conducts
25transfers of firearms for the certified licensee is at least

HB4327- 182 -LRB103 34892 RLC 64759 b
121 years of age, has a currently valid Firearm Owner's
2Identification Card and, for a renewal, has completed the
3training required under Section 5-30. The affidavit must also
4contain the name and Firearm Owner's Identification Card
5number of each owner, employee, or other agent who sells or
6conducts transfers of firearms for the certified licensee. If
7an owner, employee, or other agent of the certified licensee
8is not otherwise a resident of this State, the certified
9licensee shall submit an affidavit stating that the owner,
10employee, or other agent has undergone a background check and
11is not prohibited from owning or possessing firearms.
12 (b) In addition to the affidavit required under subsection
13(a), within 30 days of a new owner, employee, or other agent
14beginning selling or conducting transfers of firearms for the
15certified licensee, the certified licensee shall submit an
16affidavit to the Illinois State Police stating the date that
17the new owner, employee, or other agent began selling or
18conducting transfers of firearms for the certified licensee,
19and providing the information required in subsection (a) for
20that new owner, employee, or other agent.
21 (c) If a certified licensee has a license, certificate, or
22permit to sell, lease, transfer, purchase, or possess firearms
23issued by the federal government or the government of any
24state revoked or suspended for good cause within the preceding
254 years, the Illinois State Police may consider revoking or
26suspending the certified licenses in this State. In making a

HB4327- 183 -LRB103 34892 RLC 64759 b
1determination of whether or not to revoke or suspend a
2certified license in this State, the Illinois State Police
3shall consider the number of retail locations the certified
4licensee or any related person or entity operates in this
5State or in other states under the same or different business
6names, and the severity of the infraction in the state in which
7a license was revoked or suspended.
8 (d) Applications and affidavits required under this
9Section are not subject to disclosure by the Illinois State
10Police under the Freedom of Information Act.
11(Source: P.A. 102-538, eff. 8-20-21.)
12 (430 ILCS 68/5-85)
13 Sec. 5-85. Disciplinary sanctions.
14 (a) For violations of this Act not penalized under Section
155-15, the Illinois State Police may refuse to renew or
16restore, or may reprimand, place on probation, suspend,
17revoke, or take other disciplinary or non-disciplinary action
18against any licensee, and may impose a fine commensurate with
19the severity of the violation not to exceed $10,000 for each
20violation for any of the following, consistent with the
21Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901
22through 7903:
23 (1) Violations of this Act, or any law applicable to
24 the sale or transfer of firearms.
25 (2) A pattern of practice or other behavior which

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1 demonstrates incapacity or incompetency to practice under
2 this Act.
3 (3) Aiding or assisting another person in violating
4 any provision of this Act or rules adopted under this Act.
5 (4) Failing, within 60 days, to provide information in
6 response to a written request made by the Illinois State
7 Police.
8 (5) Conviction of, plea of guilty to, or plea of nolo
9 contendere to any crime that disqualifies the person from
10 obtaining a firearm valid Firearm Owner's Identification
11 Card.
12 (6) Continued practice, although the person has become
13 unfit to practice due to any of the following:
14 (A) Any circumstance that disqualifies the person
15 from obtaining a firearm valid Firearm Owner's
16 Identification Card or concealed carry license.
17 (B) Habitual or excessive use or abuse of drugs
18 defined in law as controlled substances, alcohol, or
19 any other substance that results in the inability to
20 practice with reasonable judgment, skill, or safety.
21 (7) Receiving, directly or indirectly, compensation
22 for any firearms sold or transferred illegally.
23 (8) Discipline by another United States jurisdiction,
24 foreign nation, or governmental agency, if at least one of
25 the grounds for the discipline is the same or
26 substantially equivalent to those set forth in this Act.

HB4327- 185 -LRB103 34892 RLC 64759 b
1 (9) Violation of any disciplinary order imposed on a
2 licensee by the Illinois State Police.
3 (10) A finding by the Illinois State Police that the
4 licensee, after having his or her certified license placed
5 on probationary status, has violated the terms of
6 probation.
7 (11) A fraudulent or material misstatement in the
8 completion of an affirmative obligation or inquiry by law
9 enforcement.
10 (b) All fines imposed under this Section shall be paid
11within 90 days after the effective date of the final order
12imposing the fine.
13(Source: P.A. 102-538, eff. 8-20-21.)
14 Section 150. The Wildlife Code is amended by changing
15Sections 3.2 and 3.2a as follows:
16 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
17 Sec. 3.2. Hunting license; application; instruction.
18Before the Department or any county, city, village, township,
19incorporated town clerk or his duly designated agent or any
20other person authorized or designated by the Department to
21issue hunting licenses shall issue a hunting license to any
22person, the person shall file his application with the
23Department or other party authorized to issue licenses on a
24form provided by the Department and further give definite

HB4327- 186 -LRB103 34892 RLC 64759 b
1proof of identity and place of legal residence. Each clerk
2designating agents to issue licenses and stamps shall furnish
3the Department, within 10 days following the appointment, the
4names and mailing addresses of the agents. Each clerk or his
5duly designated agent shall be authorized to sell licenses and
6stamps only within the territorial area for which he was
7elected or appointed. No duly designated agent is authorized
8to furnish licenses or stamps for issuance by any other
9business establishment. Each application shall be executed and
10sworn to and shall set forth the name and description of the
11applicant and place of residence.
12 No hunting license shall be issued to any person born on or
13after January 1, 1980 unless he presents the person authorized
14to issue the license evidence that he has held a hunting
15license issued by the State of Illinois or another state in a
16prior year, or a certificate of competency as provided in this
17Section. Persons under 18 years of age may be issued a Lifetime
18Hunting or Sportsmen's Combination License as provided under
19Section 20-45 of the Fish and Aquatic Life Code but shall not
20be entitled to hunt alone, without the supervision of an adult
21age 21 or older, unless they have a certificate of competency
22as provided in this Section and the certificate is in their
23possession while hunting.
24 The Department of Natural Resources shall authorize
25personnel of the Department or certified volunteer instructors
26to conduct courses, of not less than 10 hours in length, in

HB4327- 187 -LRB103 34892 RLC 64759 b
1firearms and hunter safety, which may include training in bow
2and arrow safety, at regularly specified intervals throughout
3the State. Persons successfully completing the course shall
4receive a certificate of competency. The Department of Natural
5Resources may further cooperate with any reputable association
6or organization in establishing courses if the organization
7has as one of its objectives the promotion of safety in the
8handling of firearms or bow and arrow.
9 The Department of Natural Resources shall designate any
10person found by it to be competent to give instruction in the
11handling of firearms, hunter safety, and bow and arrow. The
12persons so appointed shall give the course of instruction and
13upon the successful completion shall issue to the person
14instructed a certificate of competency in the safe handling of
15firearms, hunter safety, and bow and arrow. No charge shall be
16made for any course of instruction except for materials or
17ammunition consumed. The Department of Natural Resources shall
18furnish information on the requirements of hunter safety
19education programs to be distributed free of charge to
20applicants for hunting licenses by the persons appointed and
21authorized to issue licenses. Funds for the conducting of
22firearms and hunter safety courses shall be taken from the fee
23charged for the Firearm Owners Identification Card.
24 The fee for a hunting license to hunt all species for a
25resident of Illinois is $12. For residents age 65 or older,
26and, commencing with the 2012 license year, resident veterans

HB4327- 188 -LRB103 34892 RLC 64759 b
1of the United States Armed Forces after returning from service
2abroad or mobilization by the President of the United States
3as an active duty member of the United States Armed Forces, the
4Illinois National Guard, or the Reserves of the United States
5Armed Forces, the fee is one-half of the fee charged for a
6hunting license to hunt all species for a resident of
7Illinois. Veterans must provide to the Department acceptable
8verification of their service. The Department shall establish
9by administrative rule the procedure by which such
10verification of service shall be made to the Department for
11the purpose of issuing resident veterans hunting licenses at a
12reduced fee. The fee for a hunting license to hunt all species
13shall be $1 for residents over 75 years of age. Nonresidents
14shall be charged $57 for a hunting license.
15 Nonresidents may be issued a nonresident hunting license
16for a period not to exceed 10 consecutive days' hunting in the
17State and shall be charged a fee of $35.
18 A special nonresident hunting license authorizing a
19nonresident to take game birds by hunting on a game breeding
20and hunting preserve area only, established under Section
213.27, shall be issued upon proper application being made and
22payment of a fee equal to that for a resident hunting license.
23The expiration date of this license shall be on the same date
24each year that game breeding and hunting preserve area
25licenses expire.
26 Each applicant for a State Migratory Waterfowl Stamp,

HB4327- 189 -LRB103 34892 RLC 64759 b
1regardless of his residence or other condition, shall pay a
2fee of $15 and shall receive a stamp. The fee for a State
3Migratory Waterfowl Stamp shall be waived for residents over
475 years of age. Except as provided under Section 20-45 of the
5Fish and Aquatic Life Code, the stamp shall be signed by the
6person or affixed to his license or permit in a space
7designated by the Department for that purpose.
8 Each applicant for a State Habitat Stamp, regardless of
9his residence or other condition, shall pay a fee of $5 and
10shall receive a stamp. The fee for a State Habitat Stamp shall
11be waived for residents over 75 years of age. Except as
12provided under Section 20-45 of the Fish and Aquatic Life
13Code, the stamp shall be signed by the person or affixed to his
14license or permit in a space designated by the Department for
15that purpose.
16 Nothing in this Section shall be construed as to require
17the purchase of more than one State Habitat Stamp by any person
18in any one license year.
19 The fees for State Pheasant Stamps and State Furbearer
20Stamps shall be waived for residents over 75 years of age.
21 The Department shall furnish the holders of hunting
22licenses and stamps with an insignia as evidence of possession
23of license, or license and stamp, as the Department may
24consider advisable. The insignia shall be exhibited and used
25as the Department may order.
26 All other hunting licenses and all State stamps shall

HB4327- 190 -LRB103 34892 RLC 64759 b
1expire upon March 31 of each year.
2 Every person holding any license, permit, or stamp issued
3under the provisions of this Act shall have it in his
4possession for immediate presentation for inspection to the
5officers and authorized employees of the Department, any
6sheriff, deputy sheriff, or any other peace officer making a
7demand for it. This provision shall not apply to Department
8owned or managed sites where it is required that all hunters
9deposit their license or , permit, or Firearm Owner's
10Identification Card at the check station upon entering the
11hunting areas.
12 For the purposes of this Section, "acceptable
13verification" means official documentation from the Department
14of Defense or the appropriate Major Command showing
15mobilization dates or service abroad dates, including: (i) a
16DD-214, (ii) a letter from the Illinois Department of Military
17Affairs for members of the Illinois National Guard, (iii) a
18letter from the Regional Reserve Command for members of the
19Armed Forces Reserve, (iv) a letter from the Major Command
20covering Illinois for active duty members, (v) personnel
21records for mobilized State employees, and (vi) any other
22documentation that the Department, by administrative rule,
23deems acceptable to establish dates of mobilization or service
24abroad.
25 For the purposes of this Section, the term "service
26abroad" means active duty service outside of the 50 United

HB4327- 191 -LRB103 34892 RLC 64759 b
1States and the District of Columbia, and includes all active
2duty service in territories and possessions of the United
3States.
4(Source: P.A. 101-81, eff. 7-12-19; 102-780, eff. 5-13-22.)
5 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
6 Sec. 3.2a. Every person holding any license, permit or
7stamp issued under the provisions hereof shall have it in his
8possession for immediate presentation for inspection to the
9officers and authorized employees of the Department, any
10sheriff, deputy sheriff or any other peace officer making a
11demand for it. This provision shall not apply to Department
12owned or managed sites where it is required that all hunters
13deposit their license or , permit or Firearm Owner's
14Identification Card at the check station upon entering the
15hunting areas.
16(Source: P.A. 85-152.)
17 Section 155. The Illinois Vehicle Code is amended by
18changing Section 2-116 as follows:
19 (625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
20 Sec. 2-116. Secretary of State Department of Police.
21 (a) The Secretary of State and the officers, inspectors,
22and investigators appointed by him shall cooperate with the
23Illinois State Police and the sheriffs and police in enforcing

HB4327- 192 -LRB103 34892 RLC 64759 b
1the laws regulating the operation of vehicles and the use of
2the highways.
3 (b) The Secretary of State may provide training and
4education for members of his office in traffic regulation, the
5promotion of traffic safety and the enforcement of laws vested
6in the Secretary of State for administration and enforcement
7regulating the operation of vehicles and the use of the
8highways.
9 (c) The Secretary of State may provide distinctive
10uniforms and badges for officers, inspectors and investigators
11employed in the administration of laws relating to the
12operation of vehicles and the use of the highways and vesting
13the administration and enforcement of such laws in the
14Secretary of State.
15 (c-5) The Director of the Secretary of State Department of
16Police shall establish a program to allow a Secretary of State
17Police officer, inspector, or investigator who is honorably
18retiring in good standing to purchase either one or both of the
19following: (1) any Secretary of State Department of Police
20badge previously issued to that officer, inspector, or
21investigator; or (2) if the officer, inspector, or
22investigator has a currently valid Firearm Owner's
23Identification Card, the service firearm issued or previously
24issued to the officer, inspector, or investigator by the
25Secretary of State Department of Police. The cost of the
26firearm shall be the replacement value of the firearm and not

HB4327- 193 -LRB103 34892 RLC 64759 b
1the firearm's fair market value.
2 (d) The Secretary of State Department of Police is
3authorized to:
4 (1) investigate the origins, activities, persons, and
5 incidents of crime and the ways and means, if any, to
6 redress the victims of crimes, and study the impact, if
7 any, of legislation relative to the criminal laws of this
8 State related thereto and conduct any other investigations
9 as may be provided by law;
10 (2) employ skilled experts, technicians,
11 investigators, special agents, or otherwise specially
12 qualified persons to aid in preventing or detecting crime,
13 apprehending criminals, or preparing and presenting
14 evidence of violations of the criminal laws of the State;
15 (3) cooperate with the police of cities, villages, and
16 incorporated towns, and with the police officers of any
17 county, in enforcing the laws of the State and in making
18 arrests;
19 (4) provide, as may be required by law, assistance to
20 local law enforcement agencies through training,
21 management, and consultant services for local law
22 enforcement agencies, pertaining to law enforcement
23 activities;
24 (5) exercise the rights, powers, and duties which have
25 been vested in it by the Secretary of State Act and this
26 Code; and

HB4327- 194 -LRB103 34892 RLC 64759 b
1 (6) enforce and administer any other laws in relation
2 to law enforcement as may be vested in the Secretary of
3 State Department of Police.
4 Persons within the Secretary of State Department of Police
5who exercise these powers are conservators of the peace and
6have all the powers possessed by policemen in municipalities
7and sheriffs, and may exercise these powers anywhere in the
8State in cooperation with local law enforcement officials.
9These persons may use false or fictitious names in the
10performance of their duties under this Section, upon approval
11of the Director of Police-Secretary of State, and shall not be
12subject to prosecution under the criminal laws for that use.
13 (e) The Secretary of State Department of Police may
14charge, collect, and receive fees or moneys equivalent to the
15cost of providing its personnel, equipment, and services to
16governmental agencies when explicitly requested by a
17governmental agency and according to an intergovernmental
18agreement or memorandums of understanding as provided by this
19Section, including but not limited to fees or moneys
20equivalent to the cost of providing training to other
21governmental agencies on terms and conditions that in the
22judgment of the Director of Police-Secretary of State are in
23the best interest of the Secretary of State. All fees received
24by the Secretary of State Police Department under this Act
25shall be deposited in a special fund in the State Treasury to
26be known as the Secretary of State Police Services Fund. The

HB4327- 195 -LRB103 34892 RLC 64759 b
1money deposited in the Secretary of State Police Services Fund
2shall be appropriated to the Secretary of State Department of
3Police as provided for in subsection (g).
4 (f) The Secretary of State Department of Police may apply
5for grants or contracts and receive, expend, allocate, or
6disburse moneys made available by public or private entities,
7including, but not limited to, contracts, bequests, grants, or
8receiving equipment from corporations, foundations, or public
9or private institutions of higher learning.
10 (g) The Secretary of State Police Services Fund is hereby
11created as a special fund in the State Treasury. All moneys
12received under this Section by the Secretary of State
13Department of Police shall be deposited into the Secretary of
14State Police Services Fund to be appropriated to the Secretary
15of State Department of Police for purposes as indicated by the
16grantor or contractor or, in the case of moneys bequeathed or
17granted for no specific purpose, for any purpose as deemed
18appropriate by the Director of Police-Secretary of State in
19administering the responsibilities of the Secretary of State
20Department of Police.
21(Source: P.A. 102-538, eff. 8-20-21.)
22 Section 160. The Criminal Code of 2012 is amended by
23changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
2424-1.1, 24-1.6, 24-1.8, 24-1.9, 24-1.10, 24-2, 24-3, 24-3.1,
2524-3.2, 24-3.4, 24-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and

HB4327- 196 -LRB103 34892 RLC 64759 b
1adding Section 24-4.5 as follows:
2 (720 ILCS 5/2-7.1)
3 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
4"Firearm "Firearm" and "firearm ammunition" means any
5self-contained cartridge or shotgun shell, by whatever name
6known, which is designed to be used or adaptable to use in a
7firearm; excluding, however:
8 (1) any ammunition exclusively designed for use with a
9device used exclusively for signaling or safety and required
10or recommended by the United States Coast Guard or the
11Interstate Commerce Commission; and
12 (2) any ammunition designed exclusively for use with a
13stud or rivet driver or other similar industrial ammunition
14have the meanings ascribed to them in Section 1.1 of the
15Firearm Owners Identification Card Act.
16(Source: P.A. 91-544, eff. 1-1-00.)
17 (720 ILCS 5/2-7.5)
18 Sec. 2-7.5. "Firearm". Except as otherwise provided in a
19specific Section, "firearm" means any device, by whatever name
20known, which is designed to expel a projectile or projectiles
21by the action of an explosion, expansion of gas or escape of
22gas; excluding, however:
23 (1) any pneumatic gun, spring gun, paint ball gun, or B-B
24gun which expels a single globular projectile not exceeding

HB4327- 197 -LRB103 34892 RLC 64759 b
1.18 inch in diameter or which has a maximum muzzle velocity of
2less than 700 feet per second;
3 (1.1) any pneumatic gun, spring gun, paint ball gun, or
4B-B gun which expels breakable paint balls containing washable
5marking colors;
6 (2) any device used exclusively for signaling or safety
7and required or recommended by the United States Coast Guard
8or the Interstate Commerce Commission;
9 (3) any device used exclusively for the firing of stud
10cartridges, explosive rivets, or similar industrial
11ammunition; and
12 (4) an antique firearm (other than a machine-gun) which,
13although designed as a weapon, the Illinois State Police finds
14by reason of the date of its manufacture, value, design, and
15other characteristics is primarily a collector's item and is
16not likely to be used as a weapon has the meaning ascribed to
17it in Section 1.1 of the Firearm Owners Identification Card
18Act.
19(Source: P.A. 95-331, eff. 8-21-07.)
20 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
21 (Text of Section before amendment by P.A. 103-51)
22 Sec. 12-3.05. Aggravated battery.
23 (a) Offense based on injury. A person commits aggravated
24battery when, in committing a battery, other than by the
25discharge of a firearm, he or she knowingly does any of the

HB4327- 198 -LRB103 34892 RLC 64759 b
1following:
2 (1) Causes great bodily harm or permanent disability
3 or disfigurement.
4 (2) Causes severe and permanent disability, great
5 bodily harm, or disfigurement by means of a caustic or
6 flammable substance, a poisonous gas, a deadly biological
7 or chemical contaminant or agent, a radioactive substance,
8 or a bomb or explosive compound.
9 (3) Causes great bodily harm or permanent disability
10 or disfigurement to an individual whom the person knows to
11 be a peace officer, community policing volunteer, fireman,
12 private security officer, correctional institution
13 employee, or Department of Human Services employee
14 supervising or controlling sexually dangerous persons or
15 sexually violent persons:
16 (i) performing his or her official duties;
17 (ii) battered to prevent performance of his or her
18 official duties; or
19 (iii) battered in retaliation for performing his
20 or her official duties.
21 (4) Causes great bodily harm or permanent disability
22 or disfigurement to an individual 60 years of age or
23 older.
24 (5) Strangles another individual.
25 (b) Offense based on injury to a child or person with an
26intellectual disability. A person who is at least 18 years of

HB4327- 199 -LRB103 34892 RLC 64759 b
1age commits aggravated battery when, in committing a battery,
2he or she knowingly and without legal justification by any
3means:
4 (1) causes great bodily harm or permanent disability
5 or disfigurement to any child under the age of 13 years, or
6 to any person with a severe or profound intellectual
7 disability; or
8 (2) causes bodily harm or disability or disfigurement
9 to any child under the age of 13 years or to any person
10 with a severe or profound intellectual disability.
11 (c) Offense based on location of conduct. A person commits
12aggravated battery when, in committing a battery, other than
13by the discharge of a firearm, he or she is or the person
14battered is on or about a public way, public property, a public
15place of accommodation or amusement, a sports venue, or a
16domestic violence shelter, or in a church, synagogue, mosque,
17or other building, structure, or place used for religious
18worship.
19 (d) Offense based on status of victim. A person commits
20aggravated battery when, in committing a battery, other than
21by discharge of a firearm, he or she knows the individual
22battered to be any of the following:
23 (1) A person 60 years of age or older.
24 (2) A person who is pregnant or has a physical
25 disability.
26 (3) A teacher or school employee upon school grounds

HB4327- 200 -LRB103 34892 RLC 64759 b
1 or grounds adjacent to a school or in any part of a
2 building used for school purposes.
3 (4) A peace officer, community policing volunteer,
4 fireman, private security officer, correctional
5 institution employee, or Department of Human Services
6 employee supervising or controlling sexually dangerous
7 persons or sexually violent persons:
8 (i) performing his or her official duties;
9 (ii) battered to prevent performance of his or her
10 official duties; or
11 (iii) battered in retaliation for performing his
12 or her official duties.
13 (5) A judge, emergency management worker, emergency
14 medical services personnel, or utility worker:
15 (i) performing his or her official duties;
16 (ii) battered to prevent performance of his or her
17 official duties; or
18 (iii) battered in retaliation for performing his
19 or her official duties.
20 (6) An officer or employee of the State of Illinois, a
21 unit of local government, or a school district, while
22 performing his or her official duties.
23 (7) A transit employee performing his or her official
24 duties, or a transit passenger.
25 (8) A taxi driver on duty.
26 (9) A merchant who detains the person for an alleged

HB4327- 201 -LRB103 34892 RLC 64759 b
1 commission of retail theft under Section 16-26 of this
2 Code and the person without legal justification by any
3 means causes bodily harm to the merchant.
4 (10) A person authorized to serve process under
5 Section 2-202 of the Code of Civil Procedure or a special
6 process server appointed by the circuit court while that
7 individual is in the performance of his or her duties as a
8 process server.
9 (11) A nurse while in the performance of his or her
10 duties as a nurse.
11 (12) A merchant: (i) while performing his or her
12 duties, including, but not limited to, relaying directions
13 for healthcare or safety from his or her supervisor or
14 employer or relaying health or safety guidelines,
15 recommendations, regulations, or rules from a federal,
16 State, or local public health agency; and (ii) during a
17 disaster declared by the Governor, or a state of emergency
18 declared by the mayor of the municipality in which the
19 merchant is located, due to a public health emergency and
20 for a period of 6 months after such declaration.
21 (e) Offense based on use of a firearm. A person commits
22aggravated battery when, in committing a battery, he or she
23knowingly does any of the following:
24 (1) Discharges a firearm, other than a machine gun or
25 a firearm equipped with a silencer, and causes any injury
26 to another person.

HB4327- 202 -LRB103 34892 RLC 64759 b
1 (2) Discharges a firearm, other than a machine gun or
2 a firearm equipped with a silencer, and causes any injury
3 to a person he or she knows to be a peace officer,
4 community policing volunteer, person summoned by a police
5 officer, fireman, private security officer, correctional
6 institution employee, or emergency management worker:
7 (i) performing his or her official duties;
8 (ii) battered to prevent performance of his or her
9 official duties; or
10 (iii) battered in retaliation for performing his
11 or her official duties.
12 (3) Discharges a firearm, other than a machine gun or
13 a firearm equipped with a silencer, and causes any injury
14 to a person he or she knows to be emergency medical
15 services personnel:
16 (i) performing his or her official duties;
17 (ii) battered to prevent performance of his or her
18 official duties; or
19 (iii) battered in retaliation for performing his
20 or her official duties.
21 (4) Discharges a firearm and causes any injury to a
22 person he or she knows to be a teacher, a student in a
23 school, or a school employee, and the teacher, student, or
24 employee is upon school grounds or grounds adjacent to a
25 school or in any part of a building used for school
26 purposes.

HB4327- 203 -LRB103 34892 RLC 64759 b
1 (5) Discharges a machine gun or a firearm equipped
2 with a silencer, and causes any injury to another person.
3 (6) Discharges a machine gun or a firearm equipped
4 with a silencer, and causes any injury to a person he or
5 she knows to be a peace officer, community policing
6 volunteer, person summoned by a police officer, fireman,
7 private security officer, correctional institution
8 employee or emergency management worker:
9 (i) performing his or her official duties;
10 (ii) battered to prevent performance of his or her
11 official duties; or
12 (iii) battered in retaliation for performing his
13 or her official duties.
14 (7) Discharges a machine gun or a firearm equipped
15 with a silencer, and causes any injury to a person he or
16 she knows to be emergency medical services personnel:
17 (i) performing his or her official duties;
18 (ii) battered to prevent performance of his or her
19 official duties; or
20 (iii) battered in retaliation for performing his
21 or her official duties.
22 (8) Discharges a machine gun or a firearm equipped
23 with a silencer, and causes any injury to a person he or
24 she knows to be a teacher, or a student in a school, or a
25 school employee, and the teacher, student, or employee is
26 upon school grounds or grounds adjacent to a school or in

HB4327- 204 -LRB103 34892 RLC 64759 b
1 any part of a building used for school purposes.
2 (f) Offense based on use of a weapon or device. A person
3commits aggravated battery when, in committing a battery, he
4or she does any of the following:
5 (1) Uses a deadly weapon other than by discharge of a
6 firearm, or uses an air rifle as defined in Section
7 24.8-0.1 of this Code.
8 (2) Wears a hood, robe, or mask to conceal his or her
9 identity.
10 (3) Knowingly and without lawful justification shines
11 or flashes a laser gunsight or other laser device attached
12 to a firearm, or used in concert with a firearm, so that
13 the laser beam strikes upon or against the person of
14 another.
15 (4) Knowingly video or audio records the offense with
16 the intent to disseminate the recording.
17 (g) Offense based on certain conduct. A person commits
18aggravated battery when, other than by discharge of a firearm,
19he or she does any of the following:
20 (1) Violates Section 401 of the Illinois Controlled
21 Substances Act by unlawfully delivering a controlled
22 substance to another and any user experiences great bodily
23 harm or permanent disability as a result of the injection,
24 inhalation, or ingestion of any amount of the controlled
25 substance.
26 (2) Knowingly administers to an individual or causes

HB4327- 205 -LRB103 34892 RLC 64759 b
1 him or her to take, without his or her consent or by threat
2 or deception, and for other than medical purposes, any
3 intoxicating, poisonous, stupefying, narcotic,
4 anesthetic, or controlled substance, or gives to another
5 person any food containing any substance or object
6 intended to cause physical injury if eaten.
7 (3) Knowingly causes or attempts to cause a
8 correctional institution employee or Department of Human
9 Services employee to come into contact with blood, seminal
10 fluid, urine, or feces by throwing, tossing, or expelling
11 the fluid or material, and the person is an inmate of a
12 penal institution or is a sexually dangerous person or
13 sexually violent person in the custody of the Department
14 of Human Services.
15 (h) Sentence. Unless otherwise provided, aggravated
16battery is a Class 3 felony.
17 Aggravated battery as defined in subdivision (a)(4),
18(d)(4), or (g)(3) is a Class 2 felony.
19 Aggravated battery as defined in subdivision (a)(3) or
20(g)(1) is a Class 1 felony.
21 Aggravated battery as defined in subdivision (a)(1) is a
22Class 1 felony when the aggravated battery was intentional and
23involved the infliction of torture, as defined in paragraph
24(14) of subsection (b) of Section 9-1 of this Code, as the
25infliction of or subjection to extreme physical pain,
26motivated by an intent to increase or prolong the pain,

HB4327- 206 -LRB103 34892 RLC 64759 b
1suffering, or agony of the victim.
2 Aggravated battery as defined in subdivision (a)(1) is a
3Class 2 felony when the person causes great bodily harm or
4permanent disability to an individual whom the person knows to
5be a member of a congregation engaged in prayer or other
6religious activities at a church, synagogue, mosque, or other
7building, structure, or place used for religious worship.
8 Aggravated battery under subdivision (a)(5) is a Class 1
9felony if:
10 (A) the person used or attempted to use a dangerous
11 instrument while committing the offense;
12 (B) the person caused great bodily harm or permanent
13 disability or disfigurement to the other person while
14 committing the offense; or
15 (C) the person has been previously convicted of a
16 violation of subdivision (a)(5) under the laws of this
17 State or laws similar to subdivision (a)(5) of any other
18 state.
19 Aggravated battery as defined in subdivision (e)(1) is a
20Class X felony.
21 Aggravated battery as defined in subdivision (a)(2) is a
22Class X felony for which a person shall be sentenced to a term
23of imprisonment of a minimum of 6 years and a maximum of 45
24years.
25 Aggravated battery as defined in subdivision (e)(5) is a
26Class X felony for which a person shall be sentenced to a term

HB4327- 207 -LRB103 34892 RLC 64759 b
1of imprisonment of a minimum of 12 years and a maximum of 45
2years.
3 Aggravated battery as defined in subdivision (e)(2),
4(e)(3), or (e)(4) is a Class X felony for which a person shall
5be sentenced to a term of imprisonment of a minimum of 15 years
6and a maximum of 60 years.
7 Aggravated battery as defined in subdivision (e)(6),
8(e)(7), or (e)(8) is a Class X felony for which a person shall
9be sentenced to a term of imprisonment of a minimum of 20 years
10and a maximum of 60 years.
11 Aggravated battery as defined in subdivision (b)(1) is a
12Class X felony, except that:
13 (1) if the person committed the offense while armed
14 with a firearm, 15 years shall be added to the term of
15 imprisonment imposed by the court;
16 (2) if, during the commission of the offense, the
17 person personally discharged a firearm, 20 years shall be
18 added to the term of imprisonment imposed by the court;
19 (3) if, during the commission of the offense, the
20 person personally discharged a firearm that proximately
21 caused great bodily harm, permanent disability, permanent
22 disfigurement, or death to another person, 25 years or up
23 to a term of natural life shall be added to the term of
24 imprisonment imposed by the court.
25 (i) Definitions. In this Section:
26 "Building or other structure used to provide shelter" has

HB4327- 208 -LRB103 34892 RLC 64759 b
1the meaning ascribed to "shelter" in Section 1 of the Domestic
2Violence Shelters Act.
3 "Domestic violence" has the meaning ascribed to it in
4Section 103 of the Illinois Domestic Violence Act of 1986.
5 "Domestic violence shelter" means any building or other
6structure used to provide shelter or other services to victims
7or to the dependent children of victims of domestic violence
8pursuant to the Illinois Domestic Violence Act of 1986 or the
9Domestic Violence Shelters Act, or any place within 500 feet
10of such a building or other structure in the case of a person
11who is going to or from such a building or other structure.
12 "Firearm" has the meaning provided under Section 2-7.5 of
13the Criminal Code of 2012 1.1 of the Firearm Owners
14Identification Card Act, and does not include an air rifle as
15defined by Section 24.8-0.1 of this Code.
16 "Machine gun" has the meaning ascribed to it in Section
1724-1 of this Code.
18 "Merchant" has the meaning ascribed to it in Section
1916-0.1 of this Code.
20 "Strangle" means intentionally impeding the normal
21breathing or circulation of the blood of an individual by
22applying pressure on the throat or neck of that individual or
23by blocking the nose or mouth of that individual.
24(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
25 (Text of Section after amendment by P.A. 103-51)

HB4327- 209 -LRB103 34892 RLC 64759 b
1 Sec. 12-3.05. Aggravated battery.
2 (a) Offense based on injury. A person commits aggravated
3battery when, in committing a battery, other than by the
4discharge of a firearm, he or she knowingly does any of the
5following:
6 (1) Causes great bodily harm or permanent disability
7 or disfigurement.
8 (2) Causes severe and permanent disability, great
9 bodily harm, or disfigurement by means of a caustic or
10 flammable substance, a poisonous gas, a deadly biological
11 or chemical contaminant or agent, a radioactive substance,
12 or a bomb or explosive compound.
13 (3) Causes great bodily harm or permanent disability
14 or disfigurement to an individual whom the person knows to
15 be a peace officer, community policing volunteer, fireman,
16 private security officer, correctional institution
17 employee, or Department of Human Services employee
18 supervising or controlling sexually dangerous persons or
19 sexually violent persons:
20 (i) performing his or her official duties;
21 (ii) battered to prevent performance of his or her
22 official duties; or
23 (iii) battered in retaliation for performing his
24 or her official duties.
25 (4) Causes great bodily harm or permanent disability
26 or disfigurement to an individual 60 years of age or

HB4327- 210 -LRB103 34892 RLC 64759 b
1 older.
2 (5) Strangles another individual.
3 (b) Offense based on injury to a child or person with an
4intellectual disability. A person who is at least 18 years of
5age commits aggravated battery when, in committing a battery,
6he or she knowingly and without legal justification by any
7means:
8 (1) causes great bodily harm or permanent disability
9 or disfigurement to any child under the age of 13 years, or
10 to any person with a severe or profound intellectual
11 disability; or
12 (2) causes bodily harm or disability or disfigurement
13 to any child under the age of 13 years or to any person
14 with a severe or profound intellectual disability.
15 (c) Offense based on location of conduct. A person commits
16aggravated battery when, in committing a battery, other than
17by the discharge of a firearm, he or she is or the person
18battered is on or about a public way, public property, a public
19place of accommodation or amusement, a sports venue, or a
20domestic violence shelter, or in a church, synagogue, mosque,
21or other building, structure, or place used for religious
22worship.
23 (d) Offense based on status of victim. A person commits
24aggravated battery when, in committing a battery, other than
25by discharge of a firearm, he or she knows the individual
26battered to be any of the following:

HB4327- 211 -LRB103 34892 RLC 64759 b
1 (1) A person 60 years of age or older.
2 (2) A person who is pregnant or has a physical
3 disability.
4 (3) A teacher or school employee upon school grounds
5 or grounds adjacent to a school or in any part of a
6 building used for school purposes.
7 (4) A peace officer, community policing volunteer,
8 fireman, private security officer, correctional
9 institution employee, or Department of Human Services
10 employee supervising or controlling sexually dangerous
11 persons or sexually violent persons:
12 (i) performing his or her official duties;
13 (ii) battered to prevent performance of his or her
14 official duties; or
15 (iii) battered in retaliation for performing his
16 or her official duties.
17 (5) A judge, emergency management worker, emergency
18 medical services personnel, or utility worker:
19 (i) performing his or her official duties;
20 (ii) battered to prevent performance of his or her
21 official duties; or
22 (iii) battered in retaliation for performing his
23 or her official duties.
24 (6) An officer or employee of the State of Illinois, a
25 unit of local government, or a school district, while
26 performing his or her official duties.

HB4327- 212 -LRB103 34892 RLC 64759 b
1 (7) A transit employee performing his or her official
2 duties, or a transit passenger.
3 (8) A taxi driver on duty.
4 (9) A merchant who detains the person for an alleged
5 commission of retail theft under Section 16-26 of this
6 Code and the person without legal justification by any
7 means causes bodily harm to the merchant.
8 (10) A person authorized to serve process under
9 Section 2-202 of the Code of Civil Procedure or a special
10 process server appointed by the circuit court while that
11 individual is in the performance of his or her duties as a
12 process server.
13 (11) A nurse while in the performance of his or her
14 duties as a nurse.
15 (12) A merchant: (i) while performing his or her
16 duties, including, but not limited to, relaying directions
17 for healthcare or safety from his or her supervisor or
18 employer or relaying health or safety guidelines,
19 recommendations, regulations, or rules from a federal,
20 State, or local public health agency; and (ii) during a
21 disaster declared by the Governor, or a state of emergency
22 declared by the mayor of the municipality in which the
23 merchant is located, due to a public health emergency and
24 for a period of 6 months after such declaration.
25 (e) Offense based on use of a firearm. A person commits
26aggravated battery when, in committing a battery, he or she

HB4327- 213 -LRB103 34892 RLC 64759 b
1knowingly does any of the following:
2 (1) Discharges a firearm, other than a machine gun or
3 a firearm equipped with a silencer, and causes any injury
4 to another person.
5 (2) Discharges a firearm, other than a machine gun or
6 a firearm equipped with a silencer, and causes any injury
7 to a person he or she knows to be a peace officer,
8 community policing volunteer, person summoned by a police
9 officer, fireman, private security officer, correctional
10 institution employee, or emergency management worker:
11 (i) performing his or her official duties;
12 (ii) battered to prevent performance of his or her
13 official duties; or
14 (iii) battered in retaliation for performing his
15 or her official duties.
16 (3) Discharges a firearm, other than a machine gun or
17 a firearm equipped with a silencer, and causes any injury
18 to a person he or she knows to be emergency medical
19 services personnel:
20 (i) performing his or her official duties;
21 (ii) battered to prevent performance of his or her
22 official duties; or
23 (iii) battered in retaliation for performing his
24 or her official duties.
25 (4) Discharges a firearm and causes any injury to a
26 person he or she knows to be a teacher, a student in a

HB4327- 214 -LRB103 34892 RLC 64759 b
1 school, or a school employee, and the teacher, student, or
2 employee is upon school grounds or grounds adjacent to a
3 school or in any part of a building used for school
4 purposes.
5 (5) Discharges a machine gun or a firearm equipped
6 with a silencer, and causes any injury to another person.
7 (6) Discharges a machine gun or a firearm equipped
8 with a silencer, and causes any injury to a person he or
9 she knows to be a peace officer, community policing
10 volunteer, person summoned by a police officer, fireman,
11 private security officer, correctional institution
12 employee or emergency management worker:
13 (i) performing his or her official duties;
14 (ii) battered to prevent performance of his or her
15 official duties; or
16 (iii) battered in retaliation for performing his
17 or her official duties.
18 (7) Discharges a machine gun or a firearm equipped
19 with a silencer, and causes any injury to a person he or
20 she knows to be emergency medical services personnel:
21 (i) performing his or her official duties;
22 (ii) battered to prevent performance of his or her
23 official duties; or
24 (iii) battered in retaliation for performing his
25 or her official duties.
26 (8) Discharges a machine gun or a firearm equipped

HB4327- 215 -LRB103 34892 RLC 64759 b
1 with a silencer, and causes any injury to a person he or
2 she knows to be a teacher, or a student in a school, or a
3 school employee, and the teacher, student, or employee is
4 upon school grounds or grounds adjacent to a school or in
5 any part of a building used for school purposes.
6 (f) Offense based on use of a weapon or device. A person
7commits aggravated battery when, in committing a battery, he
8or she does any of the following:
9 (1) Uses a deadly weapon other than by discharge of a
10 firearm, or uses an air rifle as defined in Section
11 24.8-0.1 of this Code.
12 (2) Wears a hood, robe, or mask to conceal his or her
13 identity.
14 (3) Knowingly and without lawful justification shines
15 or flashes a laser gunsight or other laser device attached
16 to a firearm, or used in concert with a firearm, so that
17 the laser beam strikes upon or against the person of
18 another.
19 (4) Knowingly video or audio records the offense with
20 the intent to disseminate the recording.
21 (g) Offense based on certain conduct. A person commits
22aggravated battery when, other than by discharge of a firearm,
23he or she does any of the following:
24 (1) Violates Section 401 of the Illinois Controlled
25 Substances Act by unlawfully delivering a controlled
26 substance to another and any user experiences great bodily

HB4327- 216 -LRB103 34892 RLC 64759 b
1 harm or permanent disability as a result of the injection,
2 inhalation, or ingestion of any amount of the controlled
3 substance.
4 (2) Knowingly administers to an individual or causes
5 him or her to take, without his or her consent or by threat
6 or deception, and for other than medical purposes, any
7 intoxicating, poisonous, stupefying, narcotic,
8 anesthetic, or controlled substance, or gives to another
9 person any food containing any substance or object
10 intended to cause physical injury if eaten.
11 (3) Knowingly causes or attempts to cause a
12 correctional institution employee or Department of Human
13 Services employee to come into contact with blood, seminal
14 fluid, urine, or feces by throwing, tossing, or expelling
15 the fluid or material, and the person is an inmate of a
16 penal institution or is a sexually dangerous person or
17 sexually violent person in the custody of the Department
18 of Human Services.
19 (h) Sentence. Unless otherwise provided, aggravated
20battery is a Class 3 felony.
21 Aggravated battery as defined in subdivision (a)(4),
22(d)(4), or (g)(3) is a Class 2 felony.
23 Aggravated battery as defined in subdivision (a)(3) or
24(g)(1) is a Class 1 felony.
25 Aggravated battery as defined in subdivision (a)(1) is a
26Class 1 felony when the aggravated battery was intentional and

HB4327- 217 -LRB103 34892 RLC 64759 b
1involved the infliction of torture, as defined in paragraph
2(10) of subsection (b-5) of Section 5-8-1 of the Unified Code
3of Corrections, as the infliction of or subjection to extreme
4physical pain, motivated by an intent to increase or prolong
5the pain, suffering, or agony of the victim.
6 Aggravated battery as defined in subdivision (a)(1) is a
7Class 2 felony when the person causes great bodily harm or
8permanent disability to an individual whom the person knows to
9be a member of a congregation engaged in prayer or other
10religious activities at a church, synagogue, mosque, or other
11building, structure, or place used for religious worship.
12 Aggravated battery under subdivision (a)(5) is a Class 1
13felony if:
14 (A) the person used or attempted to use a dangerous
15 instrument while committing the offense;
16 (B) the person caused great bodily harm or permanent
17 disability or disfigurement to the other person while
18 committing the offense; or
19 (C) the person has been previously convicted of a
20 violation of subdivision (a)(5) under the laws of this
21 State or laws similar to subdivision (a)(5) of any other
22 state.
23 Aggravated battery as defined in subdivision (e)(1) is a
24Class X felony.
25 Aggravated battery as defined in subdivision (a)(2) is a
26Class X felony for which a person shall be sentenced to a term

HB4327- 218 -LRB103 34892 RLC 64759 b
1of imprisonment of a minimum of 6 years and a maximum of 45
2years.
3 Aggravated battery as defined in subdivision (e)(5) is a
4Class X felony for which a person shall be sentenced to a term
5of imprisonment of a minimum of 12 years and a maximum of 45
6years.
7 Aggravated battery as defined in subdivision (e)(2),
8(e)(3), or (e)(4) is a Class X felony for which a person shall
9be sentenced to a term of imprisonment of a minimum of 15 years
10and a maximum of 60 years.
11 Aggravated battery as defined in subdivision (e)(6),
12(e)(7), or (e)(8) is a Class X felony for which a person shall
13be sentenced to a term of imprisonment of a minimum of 20 years
14and a maximum of 60 years.
15 Aggravated battery as defined in subdivision (b)(1) is a
16Class X felony, except that:
17 (1) if the person committed the offense while armed
18 with a firearm, 15 years shall be added to the term of
19 imprisonment imposed by the court;
20 (2) if, during the commission of the offense, the
21 person personally discharged a firearm, 20 years shall be
22 added to the term of imprisonment imposed by the court;
23 (3) if, during the commission of the offense, the
24 person personally discharged a firearm that proximately
25 caused great bodily harm, permanent disability, permanent
26 disfigurement, or death to another person, 25 years or up

HB4327- 219 -LRB103 34892 RLC 64759 b
1 to a term of natural life shall be added to the term of
2 imprisonment imposed by the court.
3 (i) Definitions. In this Section:
4 "Building or other structure used to provide shelter" has
5the meaning ascribed to "shelter" in Section 1 of the Domestic
6Violence Shelters Act.
7 "Domestic violence" has the meaning ascribed to it in
8Section 103 of the Illinois Domestic Violence Act of 1986.
9 "Domestic violence shelter" means any building or other
10structure used to provide shelter or other services to victims
11or to the dependent children of victims of domestic violence
12pursuant to the Illinois Domestic Violence Act of 1986 or the
13Domestic Violence Shelters Act, or any place within 500 feet
14of such a building or other structure in the case of a person
15who is going to or from such a building or other structure.
16 "Firearm" has the meaning provided under 2-7.5 of this
17Code Section 1.1 of the Firearm Owners Identification Card
18Act, and does not include an air rifle as defined by Section
1924.8-0.1 of this Code.
20 "Machine gun" has the meaning ascribed to it in Section
2124-1 of this Code.
22 "Merchant" has the meaning ascribed to it in Section
2316-0.1 of this Code.
24 "Strangle" means intentionally impeding the normal
25breathing or circulation of the blood of an individual by
26applying pressure on the throat or neck of that individual or

HB4327- 220 -LRB103 34892 RLC 64759 b
1by blocking the nose or mouth of that individual.
2(Source: P.A. 103-51, eff. 1-1-24.)
3 (720 ILCS 5/16-0.1)
4 Sec. 16-0.1. Definitions. In this Article, unless the
5context clearly requires otherwise, the following terms are
6defined as indicated:
7 "Access" means to use, instruct, communicate with, store
8data in, retrieve or intercept data from, or otherwise utilize
9any services of a computer.
10 "Coin-operated machine" includes any automatic vending
11machine or any part thereof, parking meter, coin telephone,
12coin-operated transit turnstile, transit fare box, coin
13laundry machine, coin dry cleaning machine, amusement machine,
14music machine, vending machine dispensing goods or services,
15or money changer.
16 "Communication device" means any type of instrument,
17device, machine, or equipment which is capable of
18transmitting, acquiring, decrypting, or receiving any
19telephonic, electronic, data, Internet access, audio, video,
20microwave, or radio transmissions, signals, communications, or
21services, including the receipt, acquisition, transmission, or
22decryption of all such communications, transmissions, signals,
23or services provided by or through any cable television, fiber
24optic, telephone, satellite, microwave, radio, Internet-based,
25data transmission, or wireless distribution network, system or

HB4327- 221 -LRB103 34892 RLC 64759 b
1facility; or any part, accessory, or component thereof,
2including any computer circuit, security module, smart card,
3software, computer chip, electronic mechanism or other
4component, accessory or part of any communication device which
5is capable of facilitating the transmission, decryption,
6acquisition or reception of all such communications,
7transmissions, signals, or services.
8 "Communication service" means any service lawfully
9provided for a charge or compensation to facilitate the lawful
10origination, transmission, emission, or reception of signs,
11signals, data, writings, images, and sounds or intelligence of
12any nature by telephone, including cellular telephones or a
13wire, wireless, radio, electromagnetic, photo-electronic or
14photo-optical system; and also any service lawfully provided
15by any radio, telephone, cable television, fiber optic,
16satellite, microwave, Internet-based or wireless distribution
17network, system, facility or technology, including, but not
18limited to, any and all electronic, data, video, audio,
19Internet access, telephonic, microwave and radio
20communications, transmissions, signals and services, and any
21such communications, transmissions, signals and services
22lawfully provided directly or indirectly by or through any of
23those networks, systems, facilities or technologies.
24 "Communication service provider" means: (1) any person or
25entity providing any communication service, whether directly
26or indirectly, as a reseller, including, but not limited to, a

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

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

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

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

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

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

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

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

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

HB4327- 231 -LRB103 34892 RLC 64759 b
1information from the magnetic strip or stripe of a payment
2card onto the magnetic strip or stripe of a different payment
3card.
4 "Retail mercantile establishment" means any place where
5merchandise is displayed, held, stored or offered for sale to
6the public.
7 "Scanning device" means a scanner, reader, or any other
8electronic device that is used to access, read, scan, obtain,
9memorize, or store, temporarily or permanently, information
10encoded on the magnetic strip or stripe of a payment card.
11 "Shopping cart" means those push carts of the type or
12types which are commonly provided by grocery stores, drug
13stores or other retail mercantile establishments for the use
14of the public in transporting commodities in stores and
15markets and, incidentally, from the stores to a place outside
16the store.
17 "Sound or audio visual recording" means any sound or audio
18visual phonograph record, disc, pre-recorded tape, film, wire,
19magnetic tape or other object, device or medium, now known or
20hereafter invented, by which sounds or images may be
21reproduced with or without the use of any additional machine,
22equipment or device.
23 "Stored value card" means any card, gift card, instrument,
24or device issued with or without fee for the use of the
25cardholder to obtain money, goods, services, or anything else
26of value. Stored value cards include, but are not limited to,

HB4327- 232 -LRB103 34892 RLC 64759 b
1cards issued for use as a stored value card or gift card, and
2an account identification number or symbol used to identify a
3stored value card. "Stored value card" does not include a
4prepaid card usable at multiple, unaffiliated merchants or at
5automated teller machines, or both. "Stored value card" shall
6only apply to Section 16-25.1 of this Act.
7 "Theft detection device remover" means any tool or device
8specifically designed and intended to be used to remove any
9theft detection device from any merchandise.
10 "Under-ring" means to cause the cash register or other
11sales recording device to reflect less than the full retail
12value of the merchandise.
13 "Unidentified sound or audio visual recording" means a
14sound or audio visual recording without the actual name and
15full and correct street address of the manufacturer, and the
16name of the actual performers or groups prominently and
17legibly printed on the outside cover or jacket and on the label
18of such sound or audio visual recording.
19 "Unlawful access device" means any type of instrument,
20device, machine, equipment, technology, or software which is
21primarily possessed, used, designed, assembled, manufactured,
22sold, distributed or offered, promoted or advertised for the
23purpose of defeating or circumventing any technology, device
24or software, or any component or part thereof, used by the
25provider, owner or licensee of any communication service or of
26any data, audio or video programs or transmissions to protect

HB4327- 233 -LRB103 34892 RLC 64759 b
1any such communication, audio or video services, programs or
2transmissions from unauthorized access, acquisition, receipt,
3decryption, disclosure, communication, transmission or
4re-transmission.
5 "Unlawful communication device" means any electronic
6serial number, mobile identification number, personal
7identification number or any communication or wireless device
8that is capable of acquiring or facilitating the acquisition
9of a communication service without the express consent or
10express authorization of the communication service provider,
11or that has been altered, modified, programmed or
12reprogrammed, alone or in conjunction with another
13communication or wireless device or other equipment, to so
14acquire or facilitate the unauthorized acquisition of a
15communication service. "Unlawful communication device" also
16means:
17 (1) any phone altered to obtain service without the
18 express consent or express authorization of the
19 communication service provider, tumbler phone, counterfeit
20 or clone phone, tumbler microchip, counterfeit or clone
21 microchip, scanning receiver of wireless communication
22 service or other instrument capable of disguising its
23 identity or location or of gaining unauthorized access to
24 a communications or wireless system operated by a
25 communication service provider; and
26 (2) any communication or wireless device which is

HB4327- 234 -LRB103 34892 RLC 64759 b
1 capable of, or has been altered, designed, modified,
2 programmed or reprogrammed, alone or in conjunction with
3 another communication or wireless device or devices, so as
4 to be capable of, facilitating the disruption,
5 acquisition, receipt, transmission or decryption of a
6 communication service without the express consent or
7 express authorization of the communication service
8 provider, including, but not limited to, any device,
9 technology, product, service, equipment, computer software
10 or component or part thereof, primarily distributed, sold,
11 designed, assembled, manufactured, modified, programmed,
12 reprogrammed or used for the purpose of providing the
13 unauthorized receipt of, transmission of, disruption of,
14 decryption of, access to or acquisition of any
15 communication service provided by any communication
16 service provider.
17 "Vehicle" means a motor vehicle, motorcycle, or farm
18implement that is self-propelled and that uses motor fuel for
19propulsion.
20 "Wireless device" includes any type of instrument, device,
21machine, or equipment that is capable of transmitting or
22receiving telephonic, electronic or radio communications, or
23any part of such instrument, device, machine, or equipment, or
24any computer circuit, computer chip, electronic mechanism, or
25other component that is capable of facilitating the
26transmission or reception of telephonic, electronic, or radio

HB4327- 235 -LRB103 34892 RLC 64759 b
1communications.
2(Source: P.A. 102-757, eff. 5-13-22.)
3 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
4 Sec. 17-30. Defaced, altered, or removed manufacturer or
5owner identification number.
6 (a) Unlawful sale of household appliances. A person
7commits unlawful sale of household appliances when he or she
8knowingly, with the intent to defraud or deceive another,
9keeps for sale, within any commercial context, any household
10appliance with a missing, defaced, obliterated, or otherwise
11altered manufacturer's identification number.
12 (b) Construction equipment identification defacement. A
13person commits construction equipment identification
14defacement when he or she knowingly changes, alters, removes,
15mutilates, or obliterates a permanently affixed serial number,
16product identification number, part number, component
17identification number, owner-applied identification, or other
18mark of identification attached to or stamped, inscribed,
19molded, or etched into a machine or other equipment, whether
20stationary or mobile or self-propelled, or a part of such
21machine or equipment, used in the construction, maintenance,
22or demolition of buildings, structures, bridges, tunnels,
23sewers, utility pipes or lines, ditches or open cuts, roads,
24highways, dams, airports, or waterways or in material handling
25for such projects.

HB4327- 236 -LRB103 34892 RLC 64759 b
1 The trier of fact may infer that the defendant has
2knowingly changed, altered, removed, or obliterated the serial
3number, product identification number, part number, component
4identification number, owner-applied identification number, or
5other mark of identification, if the defendant was in
6possession of any machine or other equipment or a part of such
7machine or equipment used in the construction, maintenance, or
8demolition of buildings, structures, bridges, tunnels, sewers,
9utility pipes or lines, ditches or open cuts, roads, highways,
10dams, airports, or waterways or in material handling for such
11projects upon which any such serial number, product
12identification number, part number, component identification
13number, owner-applied identification number, or other mark of
14identification has been changed, altered, removed, or
15obliterated.
16 (c) Defacement of manufacturer's serial number or
17identification mark. A person commits defacement of a
18manufacturer's serial number or identification mark when he or
19she knowingly removes, alters, defaces, covers, or destroys
20the manufacturer's serial number or any other manufacturer's
21number or distinguishing identification mark upon any machine
22or other article of merchandise, other than a motor vehicle as
23defined in Section 1-146 of the Illinois Vehicle Code or a
24firearm as defined in the Firearm Owners Identification Card
25Act, with the intent of concealing or destroying the identity
26of such machine or other article of merchandise.

HB4327- 237 -LRB103 34892 RLC 64759 b
1 (d) Sentence.
2 (1) A violation of subsection (a) of this Section is a
3 Class 4 felony if the value of the appliance or appliances
4 exceeds $1,000 and a Class B misdemeanor if the value of
5 the appliance or appliances is $1,000 or less.
6 (2) A violation of subsection (b) of this Section is a
7 Class A misdemeanor.
8 (3) A violation of subsection (c) of this Section is a
9 Class B misdemeanor.
10 (e) No liability shall be imposed upon any person for the
11unintentional failure to comply with subsection (a).
12 (f) Definitions. In this Section:
13 "Commercial context" means a continuing business
14enterprise conducted for profit by any person whose primary
15business is the wholesale or retail marketing of household
16appliances, or a significant portion of whose business or
17inventory consists of household appliances kept or sold on a
18wholesale or retail basis.
19 "Household appliance" means any gas or electric device or
20machine marketed for use as home entertainment or for
21facilitating or expediting household tasks or chores. The term
22shall include but not necessarily be limited to refrigerators,
23freezers, ranges, radios, television sets, vacuum cleaners,
24toasters, dishwashers, and other similar household items.
25 "Manufacturer's identification number" means any serial
26number or other similar numerical or alphabetical designation

HB4327- 238 -LRB103 34892 RLC 64759 b
1imprinted upon or attached to or placed, stamped, or otherwise
2imprinted upon or attached to a household appliance or item by
3the manufacturer for purposes of identifying a particular
4appliance or item individually or by lot number.
5(Source: P.A. 96-1551, eff. 7-1-11.)
6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
7 Sec. 24-1. Unlawful use of weapons.
8 (a) A person commits the offense of unlawful use of
9weapons when he knowingly:
10 (1) Sells, manufactures, purchases, possesses or
11 carries any bludgeon, black-jack, slung-shot, sand-club,
12 sand-bag, metal knuckles or other knuckle weapon
13 regardless of its composition, throwing star, or any
14 knife, commonly referred to as a switchblade knife, which
15 has a blade that opens automatically by hand pressure
16 applied to a button, spring or other device in the handle
17 of the knife, or a ballistic knife, which is a device that
18 propels a knifelike blade as a projectile by means of a
19 coil spring, elastic material or compressed gas; or
20 (2) Carries or possesses with intent to use the same
21 unlawfully against another, a dagger, dirk, billy,
22 dangerous knife, razor, stiletto, broken bottle or other
23 piece of glass, stun gun or taser or any other dangerous or
24 deadly weapon or instrument of like character; or
25 (2.5) Carries or possesses with intent to use the same

HB4327- 239 -LRB103 34892 RLC 64759 b
1 unlawfully against another, any firearm in a church,
2 synagogue, mosque, or other building, structure, or place
3 used for religious worship; or
4 (3) Carries on or about his person or in any vehicle, a
5 tear gas gun projector or bomb or any object containing
6 noxious liquid gas or substance, other than an object
7 containing a non-lethal noxious liquid gas or substance
8 designed solely for personal defense carried by a person
9 18 years of age or older; or
10 (4) Carries or possesses in any vehicle or concealed
11 on or about his person except when on his land or in his
12 own abode, legal dwelling, or fixed place of business, or
13 on the land or in the legal dwelling of another person as
14 an invitee with that person's permission, any pistol,
15 revolver, stun gun or taser or other firearm, except that
16 this subsection (a)(4) does not apply to or affect
17 transportation of weapons that meet one of the following
18 conditions:
19 (i) are broken down in a non-functioning state; or
20 (ii) are not immediately accessible; or
21 (iii) are unloaded and enclosed in a case, firearm
22 carrying box, shipping box, or other container by a
23 person eligible under State and federal law to possess
24 a firearm who has been issued a currently valid
25 Firearm Owner's Identification Card; or
26 (iv) are carried or possessed in accordance with

HB4327- 240 -LRB103 34892 RLC 64759 b
1 the Firearm Concealed Carry Act by a person who has
2 been issued a currently valid license under the
3 Firearm Concealed Carry Act; or
4 (5) Sets a spring gun; or
5 (6) Possesses any device or attachment of any kind
6 designed, used or intended for use in silencing the report
7 of any firearm; or
8 (7) Sells, manufactures, purchases, possesses or
9 carries:
10 (i) a machine gun, which shall be defined for the
11 purposes of this subsection as any weapon, which
12 shoots, is designed to shoot, or can be readily
13 restored to shoot, automatically more than one shot
14 without manually reloading by a single function of the
15 trigger, including the frame or receiver of any such
16 weapon, or sells, manufactures, purchases, possesses,
17 or carries any combination of parts designed or
18 intended for use in converting any weapon into a
19 machine gun, or any combination or parts from which a
20 machine gun can be assembled if such parts are in the
21 possession or under the control of a person;
22 (ii) any rifle having one or more barrels less
23 than 16 inches in length or a shotgun having one or
24 more barrels less than 18 inches in length or any
25 weapon made from a rifle or shotgun, whether by
26 alteration, modification, or otherwise, if such a

HB4327- 241 -LRB103 34892 RLC 64759 b
1 weapon as modified has an overall length of less than
2 26 inches; or
3 (iii) any bomb, bomb-shell, grenade, bottle or
4 other container containing an explosive substance of
5 over one-quarter ounce for like purposes, such as, but
6 not limited to, black powder bombs and Molotov
7 cocktails or artillery projectiles; or
8 (8) Carries or possesses any firearm, stun gun or
9 taser or other deadly weapon in any place which is
10 licensed to sell intoxicating beverages, or at any public
11 gathering held pursuant to a license issued by any
12 governmental body or any public gathering at which an
13 admission is charged, excluding a place where a showing,
14 demonstration or lecture involving the exhibition of
15 unloaded firearms is conducted.
16 This subsection (a)(8) does not apply to any auction
17 or raffle of a firearm held pursuant to a license or permit
18 issued by a governmental body, nor does it apply to
19 persons engaged in firearm safety training courses; or
20 (9) Carries or possesses in a vehicle or on or about
21 his or her person any pistol, revolver, stun gun or taser
22 or firearm or ballistic knife, when he or she is hooded,
23 robed or masked in such manner as to conceal his or her
24 identity; or
25 (10) Carries or possesses on or about his or her
26 person, upon any public street, alley, or other public

HB4327- 242 -LRB103 34892 RLC 64759 b
1 lands within the corporate limits of a city, village, or
2 incorporated town, except when an invitee thereon or
3 therein, for the purpose of the display of such weapon or
4 the lawful commerce in weapons, or except when on his land
5 or in his or her own abode, legal dwelling, or fixed place
6 of business, or on the land or in the legal dwelling of
7 another person as an invitee with that person's
8 permission, any pistol, revolver, stun gun, or taser or
9 other firearm, except that this subsection (a)(10) does
10 not apply to or affect transportation of weapons that meet
11 one of the following conditions:
12 (i) are broken down in a non-functioning state; or
13 (ii) are not immediately accessible; or
14 (iii) are unloaded and enclosed in a case, firearm
15 carrying box, shipping box, or other container by a
16 person eligible under State and federal law to possess
17 a firearm who has been issued a currently valid
18 Firearm Owner's Identification Card; or
19 (iv) are carried or possessed in accordance with
20 the Firearm Concealed Carry Act by a person who has
21 been issued a currently valid license under the
22 Firearm Concealed Carry Act.
23 A "stun gun or taser", as used in this paragraph (a)
24 means (i) any device which is powered by electrical
25 charging units, such as, batteries, and which fires one or
26 several barbs attached to a length of wire and which, upon

HB4327- 243 -LRB103 34892 RLC 64759 b
1 hitting a human, can send out a current capable of
2 disrupting the person's nervous system in such a manner as
3 to render him incapable of normal functioning or (ii) any
4 device which is powered by electrical charging units, such
5 as batteries, and which, upon contact with a human or
6 clothing worn by a human, can send out current capable of
7 disrupting the person's nervous system in such a manner as
8 to render him incapable of normal functioning; or
9 (11) Sells, manufactures, delivers, imports,
10 possesses, or purchases any assault weapon attachment or
11 .50 caliber cartridge in violation of Section 24-1.9 or
12 any explosive bullet. For purposes of this paragraph (a)
13 "explosive bullet" means the projectile portion of an
14 ammunition cartridge which contains or carries an
15 explosive charge which will explode upon contact with the
16 flesh of a human or an animal. "Cartridge" means a tubular
17 metal case having a projectile affixed at the front
18 thereof and a cap or primer at the rear end thereof, with
19 the propellant contained in such tube between the
20 projectile and the cap; or
21 (12) (Blank); or
22 (13) Carries or possesses on or about his or her
23 person while in a building occupied by a unit of
24 government, a billy club, other weapon of like character,
25 or other instrument of like character intended for use as
26 a weapon. For the purposes of this Section, "billy club"

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1 means a short stick or club commonly carried by police
2 officers which is either telescopic or constructed of a
3 solid piece of wood or other man-made material; or
4 (14) Manufactures, possesses, sells, or offers to
5 sell, purchase, manufacture, import, transfer, or use any
6 device, part, kit, tool, accessory, or combination of
7 parts that is designed to and functions to increase the
8 rate of fire of a semiautomatic firearm above the standard
9 rate of fire for semiautomatic firearms that is not
10 equipped with that device, part, or combination of parts;
11 or
12 (15) Carries or possesses any assault weapon or .50
13 caliber rifle in violation of Section 24-1.9; or
14 (16) Manufactures, sells, delivers, imports, or
15 purchases any assault weapon or .50 caliber rifle in
16 violation of Section 24-1.9.
17 (b) Sentence. A person convicted of a violation of
18subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
19subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)
20commits a Class A misdemeanor. A person convicted of a
21violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
22Class 4 felony; a person convicted of a violation of
23subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
2424-1(a)(16) commits a Class 3 felony. A person convicted of a
25violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
26and shall be sentenced to a term of imprisonment of not less

HB4327- 245 -LRB103 34892 RLC 64759 b
1than 3 years and not more than 7 years, unless the weapon is
2possessed in the passenger compartment of a motor vehicle as
3defined in Section 1-146 of the Illinois Vehicle Code, or on
4the person, while the weapon is loaded, in which case it shall
5be a Class X felony. A person convicted of a second or
6subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
724-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3
8felony. A person convicted of a violation of subsection
924-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
10possession of each weapon or device in violation of this
11Section constitutes a single and separate violation.
12 (c) Violations in specific places.
13 (1) A person who violates subsection 24-1(a)(6) or
14 24-1(a)(7) in any school, regardless of the time of day or
15 the time of year, in residential property owned, operated
16 or managed by a public housing agency or leased by a public
17 housing agency as part of a scattered site or mixed-income
18 development, in a public park, in a courthouse, on the
19 real property comprising any school, regardless of the
20 time of day or the time of year, on residential property
21 owned, operated or managed by a public housing agency or
22 leased by a public housing agency as part of a scattered
23 site or mixed-income development, on the real property
24 comprising any public park, on the real property
25 comprising any courthouse, in any conveyance owned, leased
26 or contracted by a school to transport students to or from

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

HB4327- 247 -LRB103 34892 RLC 64759 b
1 transportation agency, or on any public way within 1,000
2 feet of the real property comprising any school, public
3 park, courthouse, public transportation facility, or
4 residential property owned, operated, or managed by a
5 public housing agency or leased by a public housing agency
6 as part of a scattered site or mixed-income development
7 commits a Class 3 felony.
8 (2) A person who violates subsection 24-1(a)(1),
9 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
10 time of day or the time of year, in residential property
11 owned, operated or managed by a public housing agency or
12 leased by a public housing agency as part of a scattered
13 site or mixed-income development, in a public park, in a
14 courthouse, on the real property comprising any school,
15 regardless of the time of day or the time of year, on
16 residential property owned, operated or managed by a
17 public housing agency or leased by a public housing agency
18 as part of a scattered site or mixed-income development,
19 on the real property comprising any public park, on the
20 real property comprising any courthouse, in any conveyance
21 owned, leased or contracted by a school to transport
22 students to or from school or a school related activity,
23 in any conveyance owned, leased, or contracted by a public
24 transportation agency, or on any public way within 1,000
25 feet of the real property comprising any school, public
26 park, courthouse, public transportation facility, or

HB4327- 248 -LRB103 34892 RLC 64759 b
1 residential property owned, operated, or managed by a
2 public housing agency or leased by a public housing agency
3 as part of a scattered site or mixed-income development
4 commits a Class 4 felony. "Courthouse" means any building
5 that is used by the Circuit, Appellate, or Supreme Court
6 of this State for the conduct of official business.
7 (3) Paragraphs (1), (1.5), and (2) of this subsection
8 (c) shall not apply to law enforcement officers or
9 security officers of such school, college, or university
10 or to students carrying or possessing firearms for use in
11 training courses, parades, hunting, target shooting on
12 school ranges, or otherwise with the consent of school
13 authorities and which firearms are transported unloaded
14 enclosed in a suitable case, box, or transportation
15 package.
16 (4) For the purposes of this subsection (c), "school"
17 means any public or private elementary or secondary
18 school, community college, college, or university.
19 (5) For the purposes of this subsection (c), "public
20 transportation agency" means a public or private agency
21 that provides for the transportation or conveyance of
22 persons by means available to the general public, except
23 for transportation by automobiles not used for conveyance
24 of the general public as passengers; and "public
25 transportation facility" means a terminal or other place
26 where one may obtain public transportation.

HB4327- 249 -LRB103 34892 RLC 64759 b
1 (d) The presence in an automobile other than a public
2omnibus of any weapon, instrument or substance referred to in
3subsection (a)(7) is prima facie evidence that it is in the
4possession of, and is being carried by, all persons occupying
5such automobile at the time such weapon, instrument or
6substance is found, except under the following circumstances:
7(i) if such weapon, instrument or instrumentality is found
8upon the person of one of the occupants therein; or (ii) if
9such weapon, instrument or substance is found in an automobile
10operated for hire by a duly licensed driver in the due, lawful
11and proper pursuit of his or her trade, then such presumption
12shall not apply to the driver.
13 (e) Exemptions.
14 (1) Crossbows, Common or Compound bows and Underwater
15 Spearguns are exempted from the definition of ballistic
16 knife as defined in paragraph (1) of subsection (a) of
17 this Section.
18 (2) The provision of paragraph (1) of subsection (a)
19 of this Section prohibiting the sale, manufacture,
20 purchase, possession, or carrying of any knife, commonly
21 referred to as a switchblade knife, which has a blade that
22 opens automatically by hand pressure applied to a button,
23 spring or other device in the handle of the knife, does not
24 apply to a person eligible under State and federal law to
25 possess a firearm who possesses a currently valid Firearm
26 Owner's Identification Card previously issued in his or

HB4327- 250 -LRB103 34892 RLC 64759 b
1 her name by the Illinois State Police or to a person or an
2 entity engaged in the business of selling or manufacturing
3 switchblade knives.
4(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
5102-1116, eff. 1-10-23.)
6 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
7 Sec. 24-1.1. Unlawful use or possession of weapons by
8felons or persons in the custody of the Department of
9Corrections facilities.
10 (a) It is unlawful for a person to knowingly possess on or
11about his person or on his land or in his own abode or fixed
12place of business any weapon prohibited under Section 24-1 of
13this Act or any firearm or any firearm ammunition if the person
14has been convicted of a felony under the laws of this State or
15any other jurisdiction. This Section shall not apply if the
16person has been granted relief under this subsection by the
17Director of the Illinois State Police under Section 10 of the
18Firearm Owners Identification Card Act. A person prohibited
19from possessing a firearm under this subsection (a) may
20petition the Director of the Illinois State Police for a
21hearing and relief from the prohibition, unless the
22prohibition was based upon a forcible felony, stalking,
23aggravated stalking, domestic battery, any violation of the
24Illinois Controlled Substances Act, the Methamphetamine
25Control and Community Protection Act, or the Cannabis Control

HB4327- 251 -LRB103 34892 RLC 64759 b
1Act that is classified as a Class 2 or greater felony, any
2felony violation of Article 24 of the Criminal Code of 1961 or
3the Criminal Code of 2012, or any adjudication as a delinquent
4minor for the commission of an offense that if committed by an
5adult would be a felony, in which case the person may petition
6the circuit court in writing in the county of his or her
7residence for a hearing and relief from the prohibition. The
8Director or court may grant the relief if it is established by
9the petitioner to the court's or Director's satisfaction that:
10 (1) when in the circuit court, the State's Attorney
11 has been served with a written copy of the petition at
12 least 30 days before any hearing in the circuit court and
13 at the hearing the State's Attorney was afforded an
14 opportunity to present evidence and object to the
15 petition;
16 (2) the petitioner has not been convicted of a
17 forcible felony under the laws of this State or any other
18 jurisdiction within 20 years of the filing of the
19 petition, or at least 20 years have passed since the end of
20 any period of imprisonment imposed in relation to that
21 conviction;
22 (3) the circumstances regarding a criminal conviction,
23 where applicable, the petitioner's criminal history and
24 his or her reputation are such that the petitioner will
25 not be likely to act in a manner dangerous to public
26 safety;

HB4327- 252 -LRB103 34892 RLC 64759 b
1 (4) granting relief would not be contrary to the
2 public interest; and
3 (5) granting relief would not be contrary to federal
4 law.
5 (b) It is unlawful for any person confined in a penal
6institution, which is a facility of the Illinois Department of
7Corrections, to possess any weapon prohibited under Section
824-1 of this Code or any firearm or firearm ammunition,
9regardless of the intent with which he possesses it.
10 (c) It shall be an affirmative defense to a violation of
11subsection (b), that such possession was specifically
12authorized by rule, regulation, or directive of the Illinois
13Department of Corrections or order issued pursuant thereto.
14 (d) The defense of necessity is not available to a person
15who is charged with a violation of subsection (b) of this
16Section.
17 (e) Sentence. Violation of this Section by a person not
18confined in a penal institution shall be a Class 3 felony for
19which the person shall be sentenced to no less than 2 years and
20no more than 10 years. A second or subsequent violation of this
21Section shall be a Class 2 felony for which the person shall be
22sentenced to a term of imprisonment of not less than 3 years
23and not more than 14 years, except as provided for in Section
245-4.5-110 of the Unified Code of Corrections. Violation of
25this Section by a person not confined in a penal institution
26who has been convicted of a forcible felony, a felony

HB4327- 253 -LRB103 34892 RLC 64759 b
1violation of Article 24 of this Code or of the Firearm Owners
2Identification Card Act, stalking or aggravated stalking, or a
3Class 2 or greater felony under the Illinois Controlled
4Substances Act, the Cannabis Control Act, or the
5Methamphetamine Control and Community Protection Act is a
6Class 2 felony for which the person shall be sentenced to not
7less than 3 years and not more than 14 years, except as
8provided for in Section 5-4.5-110 of the Unified Code of
9Corrections. Violation of this Section by a person who is on
10parole or mandatory supervised release is a Class 2 felony for
11which the person shall be sentenced to not less than 3 years
12and not more than 14 years, except as provided for in Section
135-4.5-110 of the Unified Code of Corrections. Violation of
14this Section by a person not confined in a penal institution is
15a Class X felony when the firearm possessed is a machine gun.
16Any person who violates this Section while confined in a penal
17institution, which is a facility of the Illinois Department of
18Corrections, is guilty of a Class 1 felony, if he possesses any
19weapon prohibited under Section 24-1 of this Code regardless
20of the intent with which he possesses it, a Class X felony if
21he possesses any firearm, firearm ammunition or explosive, and
22a Class X felony for which the offender shall be sentenced to
23not less than 12 years and not more than 50 years when the
24firearm possessed is a machine gun. A violation of this
25Section while wearing or in possession of body armor as
26defined in Section 33F-1 is a Class X felony punishable by a

HB4327- 254 -LRB103 34892 RLC 64759 b
1term of imprisonment of not less than 10 years and not more
2than 40 years. The possession of each firearm or firearm
3ammunition in violation of this Section constitutes a single
4and separate violation.
5(Source: P.A. 102-538, eff. 8-20-21.)
6 (720 ILCS 5/24-1.6)
7 Sec. 24-1.6. Aggravated unlawful use of a weapon.
8 (a) A person commits the offense of aggravated unlawful
9use of a weapon when he or she knowingly:
10 (1) Carries on or about his or her person or in any
11 vehicle or concealed on or about his or her person except
12 when on his or her land or in his or her abode, legal
13 dwelling, or fixed place of business, or on the land or in
14 the legal dwelling of another person as an invitee with
15 that person's permission, any pistol, revolver, stun gun
16 or taser or other firearm; or
17 (2) Carries or possesses on or about his or her
18 person, upon any public street, alley, or other public
19 lands within the corporate limits of a city, village or
20 incorporated town, except when an invitee thereon or
21 therein, for the purpose of the display of such weapon or
22 the lawful commerce in weapons, or except when on his or
23 her own land or in his or her own abode, legal dwelling, or
24 fixed place of business, or on the land or in the legal
25 dwelling of another person as an invitee with that

HB4327- 255 -LRB103 34892 RLC 64759 b
1 person's permission, any pistol, revolver, stun gun or
2 taser or other firearm; and
3 (3) One of the following factors is present:
4 (A) the firearm, other than a pistol, revolver, or
5 handgun, possessed was uncased, loaded, and
6 immediately accessible at the time of the offense; or
7 (A-5) the pistol, revolver, or handgun possessed
8 was uncased, loaded, and immediately accessible at the
9 time of the offense and the person possessing the
10 pistol, revolver, or handgun has not been issued a
11 currently valid license under the Firearm Concealed
12 Carry Act; or
13 (B) the firearm, other than a pistol, revolver, or
14 handgun, possessed was uncased, unloaded, and the
15 ammunition for the weapon was immediately accessible
16 at the time of the offense; or
17 (B-5) the pistol, revolver, or handgun possessed
18 was uncased, unloaded, and the ammunition for the
19 weapon was immediately accessible at the time of the
20 offense and the person possessing the pistol,
21 revolver, or handgun has not been issued a currently
22 valid license under the Firearm Concealed Carry Act;
23 or
24 (C) (blank); or the person possessing the firearm
25 has not been issued a currently valid Firearm Owner's
26 Identification Card; or

HB4327- 256 -LRB103 34892 RLC 64759 b
1 (D) the person possessing the weapon was
2 previously adjudicated a delinquent minor under the
3 Juvenile Court Act of 1987 for an act that if committed
4 by an adult would be a felony; or
5 (E) the person possessing the weapon was engaged
6 in a misdemeanor violation of the Cannabis Control
7 Act, in a misdemeanor violation of the Illinois
8 Controlled Substances Act, or in a misdemeanor
9 violation of the Methamphetamine Control and Community
10 Protection Act; or
11 (F) (blank); or
12 (G) the person possessing the weapon had an order
13 of protection issued against him or her within the
14 previous 2 years; or
15 (H) the person possessing the weapon was engaged
16 in the commission or attempted commission of a
17 misdemeanor involving the use or threat of violence
18 against the person or property of another; or
19 (I) the person possessing the weapon was under 21
20 years of age and in possession of a handgun, unless the
21 person under 21 is engaged in lawful activities under
22 the Wildlife Code or described in subsection
23 24-2(b)(1), (b)(3), or 24-2(f).
24 (a-5) "Handgun" as used in this Section has the meaning
25given to it in Section 5 of the Firearm Concealed Carry Act.
26 (b) "Stun gun or taser" as used in this Section has the

HB4327- 257 -LRB103 34892 RLC 64759 b
1same definition given to it in Section 24-1 of this Code.
2 (c) This Section does not apply to or affect the
3transportation or possession of weapons that:
4 (i) are broken down in a non-functioning state; or
5 (ii) are not immediately accessible; or
6 (iii) are unloaded and enclosed in a case, firearm
7 carrying box, shipping box, or other container by a person
8 is eligible under State and federal law to possess a
9 firearm who has been issued a currently valid Firearm
10 Owner's Identification Card.
11 (d) Sentence.
12 (1) Aggravated unlawful use of a weapon is a Class 4
13 felony; a second or subsequent offense is a Class 2 felony
14 for which the person shall be sentenced to a term of
15 imprisonment of not less than 3 years and not more than 7
16 years, except as provided for in Section 5-4.5-110 of the
17 Unified Code of Corrections.
18 (2) (Blank). Except as otherwise provided in
19 paragraphs (3) and (4) of this subsection (d), a first
20 offense of aggravated unlawful use of a weapon committed
21 with a firearm by a person 18 years of age or older where
22 the factors listed in both items (A) and (C) or both items
23 (A-5) and (C) of paragraph (3) of subsection (a) are
24 present is a Class 4 felony, for which the person shall be
25 sentenced to a term of imprisonment of not less than one
26 year and not more than 3 years.

HB4327- 258 -LRB103 34892 RLC 64759 b
1 (3) Aggravated unlawful use of a weapon by a person
2 who has been previously convicted of a felony in this
3 State or another jurisdiction is a Class 2 felony for
4 which the person shall be sentenced to a term of
5 imprisonment of not less than 3 years and not more than 7
6 years, except as provided for in Section 5-4.5-110 of the
7 Unified Code of Corrections.
8 (4) Aggravated unlawful use of a weapon while wearing
9 or in possession of body armor as defined in Section 33F-1
10 by a person who is prohibited under State or federal law
11 from possessing a firearm has not been issued a valid
12 Firearms Owner's Identification Card in accordance with
13 Section 5 of the Firearm Owners Identification Card Act is
14 a Class X felony.
15 (e) The possession of each firearm in violation of this
16Section constitutes a single and separate violation.
17(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
18 (720 ILCS 5/24-1.8)
19 Sec. 24-1.8. Unlawful possession of a firearm by a street
20gang member.
21 (a) A person commits unlawful possession of a firearm by a
22street gang member when he or she knowingly:
23 (1) possesses, carries, or conceals on or about his or
24 her person a firearm and firearm ammunition while on any
25 street, road, alley, gangway, sidewalk, or any other

HB4327- 259 -LRB103 34892 RLC 64759 b
1 lands, except when inside his or her own abode or inside
2 his or her fixed place of business, and has not been issued
3 a currently valid Firearm Owner's Identification Card and
4 is a member of a street gang; or
5 (2) possesses or carries in any vehicle a firearm and
6 firearm ammunition which are both immediately accessible
7 at the time of the offense while on any street, road,
8 alley, or any other lands, except when inside his or her
9 own abode or garage, and has not been issued a currently
10 valid Firearm Owner's Identification Card and is a member
11 of a street gang.
12 (b) Unlawful possession of a firearm by a street gang
13member is a Class 2 felony for which the person, if sentenced
14to a term of imprisonment, shall be sentenced to no less than 3
15years and no more than 10 years. A period of probation, a term
16of periodic imprisonment or conditional discharge shall not be
17imposed for the offense of unlawful possession of a firearm by
18a street gang member when the firearm was loaded or contained
19firearm ammunition and the court shall sentence the offender
20to not less than the minimum term of imprisonment authorized
21for the Class 2 felony.
22 (c) For purposes of this Section:
23 "Street gang" or "gang" has the meaning ascribed to it
24 in Section 10 of the Illinois Streetgang Terrorism Omnibus
25 Prevention Act.
26 "Street gang member" or "gang member" has the meaning

HB4327- 260 -LRB103 34892 RLC 64759 b
1 ascribed to it in Section 10 of the Illinois Streetgang
2 Terrorism Omnibus Prevention Act.
3(Source: P.A. 96-829, eff. 12-3-09.)
4 (720 ILCS 5/24-1.9)
5 Sec. 24-1.9. Manufacture, possession, delivery, sale, and
6purchase of assault weapons, .50 caliber rifles, and .50
7caliber cartridges.
8 (a) Definitions. In this Section:
9 (1) "Assault weapon" means any of the following, except as
10provided in subdivision (2) of this subsection:
11 (A) A semiautomatic rifle that has the capacity to
12 accept a detachable magazine or that may be readily
13 modified to accept a detachable magazine, if the firearm
14 has one or more of the following:
15 (i) a pistol grip or thumbhole stock;
16 (ii) any feature capable of functioning as a
17 protruding grip that can be held by the non-trigger
18 hand;
19 (iii) a folding, telescoping, thumbhole, or
20 detachable stock, or a stock that is otherwise
21 foldable or adjustable in a manner that operates to
22 reduce the length, size, or any other dimension, or
23 otherwise enhances the concealability of, the weapon;
24 (iv) a flash suppressor;
25 (v) a grenade launcher;

HB4327- 261 -LRB103 34892 RLC 64759 b
1 (vi) a shroud attached to the barrel or that
2 partially or completely encircles the barrel, allowing
3 the bearer to hold the firearm with the non-trigger
4 hand without being burned, but excluding a slide that
5 encloses the barrel.
6 (B) A semiautomatic rifle that has a fixed magazine
7 with the capacity to accept more than 10 rounds, except
8 for an attached tubular device designed to accept, and
9 capable of operating only with, .22 caliber rimfire
10 ammunition.
11 (C) A semiautomatic pistol that has the capacity to
12 accept a detachable magazine or that may be readily
13 modified to accept a detachable magazine, if the firearm
14 has one or more of the following:
15 (i) a threaded barrel;
16 (ii) a second pistol grip or another feature
17 capable of functioning as a protruding grip that can
18 be held by the non-trigger hand;
19 (iii) a shroud attached to the barrel or that
20 partially or completely encircles the barrel, allowing
21 the bearer to hold the firearm with the non-trigger
22 hand without being burned, but excluding a slide that
23 encloses the barrel;
24 (iv) a flash suppressor;
25 (v) the capacity to accept a detachable magazine
26 at some location outside of the pistol grip; or

HB4327- 262 -LRB103 34892 RLC 64759 b
1 (vi) a buffer tube, arm brace, or other part that
2 protrudes horizontally behind the pistol grip and is
3 designed or redesigned to allow or facilitate a
4 firearm to be fired from the shoulder.
5 (D) A semiautomatic pistol that has a fixed magazine
6 with the capacity to accept more than 15 rounds.
7 (E) Any shotgun with a revolving cylinder.
8 (F) A semiautomatic shotgun that has one or more of
9 the following:
10 (i) a pistol grip or thumbhole stock;
11 (ii) any feature capable of functioning as a
12 protruding grip that can be held by the non-trigger
13 hand;
14 (iii) a folding or thumbhole stock;
15 (iv) a grenade launcher;
16 (v) a fixed magazine with the capacity of more
17 than 5 rounds; or
18 (vi) the capacity to accept a detachable magazine.
19 (G) Any semiautomatic firearm that has the capacity to
20 accept a belt ammunition feeding device.
21 (H) Any firearm that has been modified to be operable
22 as an assault weapon as defined in this Section.
23 (I) Any part or combination of parts designed or
24 intended to convert a firearm into an assault weapon,
25 including any combination of parts from which an assault
26 weapon may be readily assembled if those parts are in the

HB4327- 263 -LRB103 34892 RLC 64759 b
1 possession or under the control of the same person.
2 (J) All of the following rifles, copies, duplicates,
3 variants, or altered facsimiles with the capability of any
4 such weapon:
5 (i) All AK types, including the following:
6 (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,
7 MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
8 AK-47, VEPR, WASR-10, and WUM.
9 (II) IZHMASH Saiga AK.
10 (III) MAADI AK47 and ARM.
11 (IV) Norinco 56S, 56S2, 84S, and 86S.
12 (V) Poly Technologies AK47 and AKS.
13 (VI) SKS with a detachable magazine.
14 (ii) all AR types, including the following:
15 (I) AR-10.
16 (II) AR-15.
17 (III) Alexander Arms Overmatch Plus 16.
18 (IV) Armalite M15 22LR Carbine.
19 (V) Armalite M15-T.
20 (VI) Barrett REC7.
21 (VII) Beretta AR-70.
22 (VIII) Black Rain Ordnance Recon Scout.
23 (IX) Bushmaster ACR.
24 (X) Bushmaster Carbon 15.
25 (XI) Bushmaster MOE series.
26 (XII) Bushmaster XM15.

HB4327- 264 -LRB103 34892 RLC 64759 b
1 (XIII) Chiappa Firearms MFour rifles.
2 (XIV) Colt Match Target rifles.
3 (XV) CORE Rifle Systems CORE15 rifles.
4 (XVI) Daniel Defense M4A1 rifles.
5 (XVII) Devil Dog Arms 15 Series rifles.
6 (XVIII) Diamondback DB15 rifles.
7 (XIX) DoubleStar AR rifles.
8 (XX) DPMS Tactical rifles.
9 (XXI) DSA Inc. ZM-4 Carbine.
10 (XXII) Heckler & Koch MR556.
11 (XXIII) High Standard HSA-15 rifles.
12 (XXIV) Jesse James Nomad AR-15 rifle.
13 (XXV) Knight's Armament SR-15.
14 (XXVI) Lancer L15 rifles.
15 (XXVII) MGI Hydra Series rifles.
16 (XXVIII) Mossberg MMR Tactical rifles.
17 (XXIX) Noreen Firearms BN 36 rifle.
18 (XXX) Olympic Arms.
19 (XXXI) POF USA P415.
20 (XXXII) Precision Firearms AR rifles.
21 (XXXIII) Remington R-15 rifles.
22 (XXXIV) Rhino Arms AR rifles.
23 (XXXV) Rock River Arms LAR-15 or Rock River
24 Arms LAR-47.
25 (XXXVI) Sig Sauer SIG516 rifles and MCX
26 rifles.

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1 (XXXVII) Smith & Wesson M&P15 rifles.
2 (XXXVIII) Stag Arms AR rifles.
3 (XXXIX) Sturm, Ruger & Co. SR556 and AR-556
4 rifles.
5 (XL) Uselton Arms Air-Lite M-4 rifles.
6 (XLI) Windham Weaponry AR rifles.
7 (XLII) WMD Guns Big Beast.
8 (XLIII) Yankee Hill Machine Company, Inc.
9 YHM-15 rifles.
10 (iii) Barrett M107A1.
11 (iv) Barrett M82A1.
12 (v) Beretta CX4 Storm.
13 (vi) Calico Liberty Series.
14 (vii) CETME Sporter.
15 (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
16 AR 110C.
17 (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
18 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
19 (x) Feather Industries AT-9.
20 (xi) Galil Model AR and Model ARM.
21 (xii) Hi-Point Carbine.
22 (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
23 (xiv) IWI TAVOR, Galil ACE rifle.
24 (xv) Kel-Tec Sub-2000, SU-16, and RFB.
25 (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
26 Sauer SG 551, and SIG MCX.

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

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

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

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

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

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1object that functions as a tool, including a bullet or
2cartridge.
3 (8) "Fixed magazine" means an ammunition feeding device
4that is permanently attached to a firearm, or contained in and
5not removable from a firearm, or that is otherwise not a
6detachable magazine, but does not include an attached tubular
7device designed to accept, and capable of operating only with,
8.22 caliber rimfire ammunition.
9 (b) Except as provided in subsections (c), (d), and (e),
10on or after January 10, 2023 (the effective date of Public Act
11102-1116) this amendatory Act of the 102nd General Assembly,
12it is unlawful for any person within this State to knowingly
13manufacture, deliver, sell, import, or purchase or cause to be
14manufactured, delivered, sold, imported, or purchased by
15another, an assault weapon, assault weapon attachment, .50
16caliber rifle, or .50 caliber cartridge.
17 (c) Except as otherwise provided in subsection (d),
18beginning January 1, 2024, it is unlawful for any person
19within this State to knowingly possess an assault weapon,
20assault weapon attachment, .50 caliber rifle, or .50 caliber
21cartridge.
22 (d) This Section does not apply to a person's possession
23of an assault weapon, assault weapon attachment, .50 caliber
24rifle, or .50 caliber cartridge device if the person lawfully
25possessed that assault weapon, assault weapon attachment, .50
26caliber rifle, or .50 caliber cartridge prohibited by

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

HB4327- 273 -LRB103 34892 RLC 64759 b
1 (3). No later than October 1, 2023, and every October 1
2 thereafter, the Illinois State Police shall, via
3 rulemaking, identify, publish, and make available on its
4 website, the list of assault weapons subject to an
5 endorsement affidavit under this subsection (d). The list
6 shall identify, but is not limited to, the copies,
7 duplicates, variants, and altered facsimiles of the
8 assault weapons identified in paragraphs (J), (K), and (L)
9 of subdivision (1) of subsection (a) of this Section and
10 shall be consistent with the definition of "assault
11 weapon" identified in this Section. The Illinois State
12 Police may adopt emergency rulemaking in accordance with
13 Section 5-45 of the Illinois Administrative Procedure Act.
14 The adoption of emergency rules authorized by Section 5-45
15 of the Illinois Administrative Procedure Act and this
16 paragraph is deemed to be necessary for the public
17 interest, safety, and welfare.
18 The affidavit form shall include the following statement
19printed in bold type: "Warning: Entering false information on
20this form is punishable as perjury under Section 32-2 of the
21Criminal Code of 2012. Entering false information on this form
22is a violation of the Firearm Owners Identification Card Act."
23 In any administrative, civil, or criminal proceeding in
24this State, a completed endorsement affidavit submitted to the
25Illinois State Police by a person under this Section creates a
26rebuttable presumption that the person is entitled to possess

HB4327- 274 -LRB103 34892 RLC 64759 b
1and transport the assault weapon, assault weapon attachment,
2.50 caliber rifle, or .50 caliber cartridge.
3 Beginning 90 days after January 10, 2023 (the effective
4date of Public Act 102-1116) this amendatory Act of the 102nd
5General Assembly, a person authorized under this Section to
6possess an assault weapon, assault weapon attachment, .50
7caliber rifle, or .50 caliber cartridge shall possess such
8items only:
9 (1) on private property owned or immediately
10 controlled by the person;
11 (2) on private property that is not open to the public
12 with the express permission of the person who owns or
13 immediately controls such property;
14 (3) while on the premises of a licensed firearms
15 dealer or gunsmith for the purpose of lawful repair;
16 (4) while engaged in the legal use of the assault
17 weapon, assault weapon attachment, .50 caliber rifle, or
18 .50 caliber cartridge at a properly licensed firing range
19 or sport shooting competition venue; or
20 (5) while traveling to or from these locations,
21 provided that the assault weapon, assault weapon
22 attachment, or .50 caliber rifle is unloaded and the
23 assault weapon, assault weapon attachment, .50 caliber
24 rifle, or .50 caliber cartridge is enclosed in a case,
25 firearm carrying box, shipping box, or other container.
26 Beginning on January 1, 2024, the person with the

HB4327- 275 -LRB103 34892 RLC 64759 b
1endorsement for an assault weapon, assault weapon attachment,
2.50 caliber rifle, or .50 caliber cartridge or a person
3authorized under subdivisions (1) through (5) of subsection
4(e) to possess an assault weapon, assault weapon attachment,
5.50 caliber rifle, or .50 caliber cartridge may transfer the
6assault weapon, assault weapon attachment, .50 caliber rifle,
7or .50 caliber cartridge only to an heir, an individual
8residing in another state maintaining it in another state, or
9a dealer licensed as a federal firearms dealer under Section
10923 of the federal Gun Control Act of 1968. Within 10 days
11after transfer of the weapon except to an heir, the person
12shall notify the Illinois State Police of the name and address
13of the transferee and comply with the requirements of
14subsection (b) of Section 3 of the Firearm Owners
15Identification Card Act. The person to whom the weapon or
16ammunition is transferred shall, within 60 days of the
17transfer, complete an affidavit required under this Section. A
18person to whom the weapon is transferred may transfer it only
19as provided in this subsection.
20 Except as provided in subsection (e) and beginning on
21January 1, 2024, any person who moves into this State in
22possession of an assault weapon, assault weapon attachment,
23.50 caliber rifle, or .50 caliber cartridge shall, within 60
24days, apply for a Firearm Owners Identification Card and
25complete an endorsement application as outlined in subsection
26(d).

HB4327- 276 -LRB103 34892 RLC 64759 b
1 Notwithstanding any other law, information contained in
2the endorsement affidavit shall be confidential, is exempt
3from disclosure under the Freedom of Information Act, and
4shall not be disclosed, except to law enforcement agencies
5acting in the performance of their duties.
6 (e) The provisions of this Section regarding the purchase
7or possession of assault weapons, assault weapon attachments,
8.50 caliber rifles, and .50 cartridges, as well as the
9provisions of this Section that prohibit causing those items
10to be purchased or possessed, do not apply to:
11 (1) Peace officers, as defined in Section 2-13 of this
12 Code.
13 (2) Qualified law enforcement officers and qualified
14 retired law enforcement officers as defined in the Law
15 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
16 and 926C) and as recognized under Illinois law.
17 (3) Acquisition and possession by a federal, State, or
18 local law enforcement agency for the purpose of equipping
19 the agency's peace officers as defined in paragraph (1) or
20 (2) of this subsection (e).
21 (4) Wardens, superintendents, and keepers of prisons,
22 penitentiaries, jails, and other institutions for the
23 detention of persons accused or convicted of an offense.
24 (5) Members of the Armed Services or Reserve Forces of
25 the United States or the Illinois National Guard, while
26 performing their official duties or while traveling to or

HB4327- 277 -LRB103 34892 RLC 64759 b
1 from their places of duty.
2 (6) Any company that employs armed security officers
3 in this State at a nuclear energy, storage, weapons, or
4 development site or facility regulated by the federal
5 Nuclear Regulatory Commission and any person employed as
6 an armed security force member at a nuclear energy,
7 storage, weapons, or development site or facility
8 regulated by the federal Nuclear Regulatory Commission who
9 has completed the background screening and training
10 mandated by the rules and regulations of the federal
11 Nuclear Regulatory Commission and while performing
12 official duties.
13 (7) Any private security contractor agency licensed
14 under the Private Detective, Private Alarm, Private
15 Security, Fingerprint Vendor, and Locksmith Act of 2004
16 that employs private security contractors and any private
17 security contractor who is licensed and has been issued a
18 firearm control card under the Private Detective, Private
19 Alarm, Private Security, Fingerprint Vendor, and Locksmith
20 Act of 2004 while performing official duties.
21 The provisions of this Section do not apply to the
22manufacture, delivery, sale, import, purchase, or possession
23of an assault weapon, assault weapon attachment, .50 caliber
24rifle, or .50 caliber cartridge or causing the manufacture,
25delivery, sale, importation, purchase, or possession of those
26items:

HB4327- 278 -LRB103 34892 RLC 64759 b
1 (A) for sale or transfer to persons authorized under
2 subdivisions (1) through (7) of this subsection (e) to
3 possess those items;
4 (B) for sale or transfer to the United States or any
5 department or agency thereof; or
6 (C) for sale or transfer in another state or for
7 export.
8 This Section does not apply to or affect any of the
9following:
10 (i) Possession of any firearm if that firearm is
11 sanctioned by the International Olympic Committee and by
12 USA Shooting, the national governing body for
13 international shooting competition in the United States,
14 but only when the firearm is in the actual possession of an
15 Olympic target shooting competitor or target shooting
16 coach for the purpose of storage, transporting to and from
17 Olympic target shooting practice or events if the firearm
18 is broken down in a nonfunctioning state, is not
19 immediately accessible, or is unloaded and enclosed in a
20 firearm case, carrying box, shipping box, or other similar
21 portable container designed for the safe transportation of
22 firearms, and when the Olympic target shooting competitor
23 or target shooting coach is engaging in those practices or
24 events. For the purposes of this paragraph (8), "firearm"
25 has the meaning provided in Section 2-7.5 1.1 of the
26 Firearm Owners Identification Card Act.

HB4327- 279 -LRB103 34892 RLC 64759 b
1 (ii) Any nonresident who transports, within 24 hours,
2 a weapon for any lawful purpose from any place where the
3 nonresident may lawfully possess and carry that weapon to
4 any other place where the nonresident may lawfully possess
5 and carry that weapon if, during the transportation, the
6 weapon is unloaded, and neither the weapon nor any
7 ammunition being transported is readily accessible or is
8 directly accessible from the passenger compartment of the
9 transporting vehicle. In the case of a vehicle without a
10 compartment separate from the driver's compartment, the
11 weapon or ammunition shall be contained in a locked
12 container other than the glove compartment or console.
13 (iii) Possession of a weapon at an event taking place
14 at the World Shooting and Recreational Complex at Sparta,
15 only while engaged in the legal use of the weapon, or while
16 traveling to or from that location if the weapon is broken
17 down in a nonfunctioning state, is not immediately
18 accessible, or is unloaded and enclosed in a firearm case,
19 carrying box, shipping box, or other similar portable
20 container designed for the safe transportation of
21 firearms.
22 (iv) Possession of a weapon only for hunting use
23 expressly permitted under the Wildlife Code, or while
24 traveling to or from a location authorized for this
25 hunting use under the Wildlife Code if the weapon is
26 broken down in a nonfunctioning state, is not immediately

HB4327- 280 -LRB103 34892 RLC 64759 b
1 accessible, or is unloaded and enclosed in a firearm case,
2 carrying box, shipping box, or other similar portable
3 container designed for the safe transportation of
4 firearms. By October 1, 2023, the Illinois State Police,
5 in consultation with the Department of Natural Resources,
6 shall adopt rules concerning the list of applicable
7 weapons approved under this subparagraph (iv). The
8 Illinois State Police may adopt emergency rules in
9 accordance with Section 5-45 of the Illinois
10 Administrative Procedure Act. The adoption of emergency
11 rules authorized by Section 5-45 of the Illinois
12 Administrative Procedure Act and this paragraph is deemed
13 to be necessary for the public interest, safety, and
14 welfare.
15 (v) The manufacture, transportation, possession, sale,
16 or rental of blank-firing assault weapons and .50 caliber
17 rifles, or the weapon's respective attachments, to persons
18 authorized or permitted, or both authorized and permitted,
19 to acquire and possess these weapons or attachments for
20 the purpose of rental for use solely as props for a motion
21 picture, television, or video production or entertainment
22 event.
23 Any person not subject to this Section may submit an
24endorsement affidavit if the person chooses.
25 (f) Any sale or transfer with a background check initiated
26to the Illinois State Police on or before January 10, 2023 (the

HB4327- 281 -LRB103 34892 RLC 64759 b
1effective date of Public Act 102-1116) this amendatory Act of
2the 102nd General Assembly is allowed to be completed after
3January 10, 2023 the effective date of this amendatory Act
4once an approval is issued by the Illinois State Police and any
5applicable waiting period under Section 24-3 has expired.
6 (g) The Illinois State Police shall take all steps
7necessary to carry out the requirements of this Section within
8by October 1, 2023.
9 (h) The Illinois Department of the State Police shall also
10develop and implement a public notice and public outreach
11campaign to promote awareness about the provisions of Public
12Act 102-1116 this amendatory Act of the 102nd General Assembly
13and to increase compliance with this Section.
14(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)
15 (720 ILCS 5/24-1.10)
16 Sec. 24-1.10. Manufacture, delivery, sale, and possession
17of large capacity ammunition feeding devices.
18 (a) In this Section:
19 "Handgun" has the meaning ascribed to it in the Firearm
20Concealed Carry Act.
21 "Long gun" means a rifle or shotgun.
22 "Large capacity ammunition feeding device" means:
23 (1) a magazine, belt, drum, feed strip, or similar
24 device that has a capacity of, or that can be readily
25 restored or converted to accept, more than 10 rounds of

HB4327- 282 -LRB103 34892 RLC 64759 b
1 ammunition for long guns and more than 15 rounds of
2 ammunition for handguns; or
3 (2) any combination of parts from which a device
4 described in paragraph (1) can be assembled.
5 "Large capacity ammunition feeding device" does not
6include an attached tubular device designed to accept, and
7capable of operating only with, .22 caliber rimfire
8ammunition. "Large capacity ammunition feeding device" does
9not include a tubular magazine that is contained in a
10lever-action firearm or any device that has been made
11permanently inoperable.
12 (b) Except as provided in subsections (e) and (f), it is
13unlawful for any person within this State to knowingly
14manufacture, deliver, sell, purchase, or cause to be
15manufactured, delivered, sold, or purchased a large capacity
16ammunition feeding device.
17 (c) Except as provided in subsections (d), (e), and (f),
18and beginning 90 days after January 10, 2023 (the effective
19date of Public Act 102-1116) this amendatory Act of the 102nd
20General Assembly, it is unlawful to knowingly possess a large
21capacity ammunition feeding device.
22 (d) Subsection (c) does not apply to a person's possession
23of a large capacity ammunition feeding device if the person
24lawfully possessed that large capacity ammunition feeding
25device before January 10, 2023 (the effective date of Public
26Act 102-1116) this amendatory Act of the 102nd General

HB4327- 283 -LRB103 34892 RLC 64759 b
1Assembly, provided that the person shall possess such device
2only:
3 (1) on private property owned or immediately
4 controlled by the person;
5 (2) on private property that is not open to the public
6 with the express permission of the person who owns or
7 immediately controls such property;
8 (3) while on the premises of a licensed firearms
9 dealer or gunsmith for the purpose of lawful repair;
10 (4) while engaged in the legal use of the large
11 capacity ammunition feeding device at a properly licensed
12 firing range or sport shooting competition venue; or
13 (5) while traveling to or from these locations,
14 provided that the large capacity ammunition feeding device
15 is stored unloaded and enclosed in a case, firearm
16 carrying box, shipping box, or other container.
17 A person authorized under this Section to possess a large
18capacity ammunition feeding device may transfer the large
19capacity ammunition feeding device only to an heir, an
20individual residing in another state maintaining it in another
21state, or a dealer licensed as a federal firearms dealer under
22Section 923 of the federal Gun Control Act of 1968. Within 10
23days after transfer of the large capacity ammunition feeding
24device except to an heir, the person shall notify the Illinois
25State Police of the name and address of the transferee and
26comply with the requirements of subsection (b) of Section 3 of

HB4327- 284 -LRB103 34892 RLC 64759 b
1the Firearm Owners Identification Card Act. The person to whom
2the large capacity ammunition feeding device is transferred
3shall, within 60 days of the transfer, notify the Illinois
4State Police of the person's acquisition and comply with the
5requirements of subsection (b) of Section 3 of the Firearm
6Owners Identification Card Act. A person to whom the large
7capacity ammunition feeding device is transferred may transfer
8it only as provided in this subsection.
9 Except as provided in subsections (e) and (f) and
10beginning 90 days after the effective date of this amendatory
11Act of the 102nd General Assembly, any person who moves into
12this State in possession of a large capacity ammunition
13feeding device shall, within 60 days, apply for a Firearm
14Owners Identification Card.
15 (e) The provisions of this Section regarding the purchase
16or possession of large capacity ammunition feeding devices, as
17well as the provisions of this Section that prohibit causing
18those items to be purchased or possessed, do not apply to:
19 (1) Peace officers as defined in Section 2-13 of this
20 Code.
21 (2) Qualified law enforcement officers and qualified
22 retired law enforcement officers as defined in the Law
23 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
24 and 926C) and as recognized under Illinois law.
25 (3) A federal, State, or local law enforcement agency
26 for the purpose of equipping the agency's peace officers

HB4327- 285 -LRB103 34892 RLC 64759 b
1 as defined in paragraph (1) or (2) of this subsection (e).
2 (4) Wardens, superintendents, and keepers of prisons,
3 penitentiaries, jails, and other institutions for the
4 detention of persons accused or convicted of an offense.
5 (5) Members of the Armed Services or Reserve Forces of
6 the United States or the Illinois National Guard, while
7 performing their official duties or while traveling to or
8 from their places of duty.
9 (6) Any company that employs armed security officers
10 in this State at a nuclear energy, storage, weapons, or
11 development site or facility regulated by the federal
12 Nuclear Regulatory Commission and any person employed as
13 an armed security force member at a nuclear energy,
14 storage, weapons, or development site or facility
15 regulated by the federal Nuclear Regulatory Commission who
16 has completed the background screening and training
17 mandated by the rules and regulations of the federal
18 Nuclear Regulatory Commission and while performing
19 official duties.
20 (7) Any private security contractor agency licensed
21 under the Private Detective, Private Alarm, Private
22 Security, Fingerprint Vendor, and Locksmith Act of 2004
23 that employs private security contractors and any private
24 security contractor who is licensed and has been issued a
25 firearm control card under the Private Detective, Private
26 Alarm, Private Security, Fingerprint Vendor, and Locksmith

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

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1for long guns or more than 15 rounds of ammunition for handguns
2commits a petty offense with a fine of $1,000 for each
3violation.
4 (h) The Illinois Department of the State Police shall also
5develop and implement a public notice and public outreach
6campaign to promote awareness about the provisions of Public
7Act 102-1116 this amendatory Act of the 102nd General Assembly
8and to increase compliance with this Section.
9(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)
10 (720 ILCS 5/24-2)
11 Sec. 24-2. Exemptions.
12 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1324-1(a)(13) and Section 24-1.6 do not apply to or affect any of
14the following:
15 (1) Peace officers, and any person summoned by a peace
16 officer to assist in making arrests or preserving the
17 peace, while actually engaged in assisting such officer.
18 (2) Wardens, superintendents and keepers of prisons,
19 penitentiaries, jails and other institutions for the
20 detention of persons accused or convicted of an offense,
21 while in the performance of their official duty, or while
22 commuting between their homes and places of employment.
23 (3) Members of the Armed Services or Reserve Forces of
24 the United States or the Illinois National Guard or the
25 Reserve Officers Training Corps, while in the performance

HB4327- 288 -LRB103 34892 RLC 64759 b
1 of their official duty.
2 (4) Special agents employed by a railroad or a public
3 utility to perform police functions, and guards of armored
4 car companies, while actually engaged in the performance
5 of the duties of their employment or commuting between
6 their homes and places of employment; and watchmen while
7 actually engaged in the performance of the duties of their
8 employment.
9 (5) Persons licensed as private security contractors,
10 private detectives, or private alarm contractors, or
11 employed by a private security contractor, private
12 detective, or private alarm contractor agency licensed by
13 the Department of Financial and Professional Regulation,
14 if their duties include the carrying of a weapon under the
15 provisions of the Private Detective, Private Alarm,
16 Private Security, Fingerprint Vendor, and Locksmith Act of
17 2004, while actually engaged in the performance of the
18 duties of their employment or commuting between their
19 homes and places of employment. A person shall be
20 considered eligible for this exemption if he or she has
21 completed the required 20 hours of training for a private
22 security contractor, private detective, or private alarm
23 contractor, or employee of a licensed private security
24 contractor, private detective, or private alarm contractor
25 agency and 28 hours of required firearm training, and has
26 been issued a firearm control card by the Department of

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

HB4327- 290 -LRB103 34892 RLC 64759 b
1 weapons. A person shall be considered eligible for this
2 exemption if he or she has completed the required 20 hours
3 of training for a security officer and 28 hours of
4 required firearm training, and has been issued a firearm
5 control card by the Department of Financial and
6 Professional Regulation. Conditions for the renewal of
7 firearm control cards issued under the provisions of this
8 Section shall be the same as for those cards issued under
9 the provisions of the Private Detective, Private Alarm,
10 Private Security, Fingerprint Vendor, and Locksmith Act of
11 2004. The firearm control card shall be carried by the
12 security guard at all times when he or she is in possession
13 of a concealable weapon permitted by his or her firearm
14 control card.
15 (7) Agents and investigators of the Illinois
16 Legislative Investigating Commission authorized by the
17 Commission to carry the weapons specified in subsections
18 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
19 any investigation for the Commission.
20 (8) Persons employed by a financial institution as a
21 security guard for the protection of other employees and
22 property related to such financial institution, while
23 actually engaged in the performance of their duties,
24 commuting between their homes and places of employment, or
25 traveling between sites or properties owned or operated by
26 such financial institution, and who, as a security guard,

HB4327- 291 -LRB103 34892 RLC 64759 b
1 is a member of a security force registered with the
2 Department; provided that any person so employed has
3 successfully completed a course of study, approved by and
4 supervised by the Department of Financial and Professional
5 Regulation, consisting of not less than 48 hours of
6 training which includes theory of law enforcement,
7 liability for acts, and the handling of weapons. A person
8 shall be considered to be eligible for this exemption if
9 he or she has completed the required 20 hours of training
10 for a security officer and 28 hours of required firearm
11 training, and has been issued a firearm control card by
12 the Department of Financial and Professional Regulation.
13 Conditions for renewal of firearm control cards issued
14 under the provisions of this Section shall be the same as
15 for those issued under the provisions of the Private
16 Detective, Private Alarm, Private Security, Fingerprint
17 Vendor, and Locksmith Act of 2004. The firearm control
18 card shall be carried by the security guard at all times
19 when he or she is in possession of a concealable weapon
20 permitted by his or her firearm control card. For purposes
21 of this subsection, "financial institution" means a bank,
22 savings and loan association, credit union or company
23 providing armored car services.
24 (9) Any person employed by an armored car company to
25 drive an armored car, while actually engaged in the
26 performance of his duties.

HB4327- 292 -LRB103 34892 RLC 64759 b
1 (10) Persons who have been classified as peace
2 officers pursuant to the Peace Officer Fire Investigation
3 Act.
4 (11) Investigators of the Office of the State's
5 Attorneys Appellate Prosecutor authorized by the board of
6 governors of the Office of the State's Attorneys Appellate
7 Prosecutor to carry weapons pursuant to Section 7.06 of
8 the State's Attorneys Appellate Prosecutor's Act.
9 (12) Special investigators appointed by a State's
10 Attorney under Section 3-9005 of the Counties Code.
11 (12.5) Probation officers while in the performance of
12 their duties, or while commuting between their homes,
13 places of employment or specific locations that are part
14 of their assigned duties, with the consent of the chief
15 judge of the circuit for which they are employed, if they
16 have received weapons training according to requirements
17 of the Peace Officer and Probation Officer Firearm
18 Training Act.
19 (13) Court Security Officers while in the performance
20 of their official duties, or while commuting between their
21 homes and places of employment, with the consent of the
22 Sheriff.
23 (13.5) A person employed as an armed security guard at
24 a nuclear energy, storage, weapons or development site or
25 facility regulated by the Nuclear Regulatory Commission
26 who has completed the background screening and training

HB4327- 293 -LRB103 34892 RLC 64759 b
1 mandated by the rules and regulations of the Nuclear
2 Regulatory Commission.
3 (14) Manufacture, transportation, or sale of weapons
4 to persons authorized under subdivisions (1) through
5 (13.5) of this subsection to possess those weapons.
6 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
7to or affect any person carrying a concealed pistol, revolver,
8or handgun and the person has been issued a currently valid
9license under the Firearm Concealed Carry Act at the time of
10the commission of the offense.
11 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
12to or affect a qualified current or retired law enforcement
13officer or a current or retired deputy, county correctional
14officer, or correctional officer of the Department of
15Corrections qualified under the laws of this State or under
16the federal Law Enforcement Officers Safety Act.
17 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1824-1.6 do not apply to or affect any of the following:
19 (1) Members of any club or organization organized for
20 the purpose of practicing shooting at targets upon
21 established target ranges, whether public or private, and
22 patrons of such ranges, while such members or patrons are
23 using their firearms on those target ranges.
24 (2) Duly authorized military or civil organizations
25 while parading, with the special permission of the
26 Governor.

HB4327- 294 -LRB103 34892 RLC 64759 b
1 (3) Hunters, trappers, or fishermen while engaged in
2 lawful hunting, trapping, or fishing under the provisions
3 of the Wildlife Code or the Fish and Aquatic Life Code.
4 (4) Transportation of weapons that are broken down in
5 a non-functioning state or are not immediately accessible.
6 (5) Carrying or possessing any pistol, revolver, stun
7 gun or taser or other firearm on the land or in the legal
8 dwelling of another person as an invitee with that
9 person's permission.
10 (c) Subsection 24-1(a)(7) does not apply to or affect any
11of the following:
12 (1) Peace officers while in performance of their
13 official duties.
14 (2) Wardens, superintendents and keepers of prisons,
15 penitentiaries, jails and other institutions for the
16 detention of persons accused or convicted of an offense.
17 (3) Members of the Armed Services or Reserve Forces of
18 the United States or the Illinois National Guard, while in
19 the performance of their official duty.
20 (4) Manufacture, transportation, or sale of machine
21 guns to persons authorized under subdivisions (1) through
22 (3) of this subsection to possess machine guns, if the
23 machine guns are broken down in a non-functioning state or
24 are not immediately accessible.
25 (5) Persons licensed under federal law to manufacture
26 any weapon from which 8 or more shots or bullets can be

HB4327- 295 -LRB103 34892 RLC 64759 b
1 discharged by a single function of the firing device, or
2 ammunition for such weapons, and actually engaged in the
3 business of manufacturing such weapons or ammunition, but
4 only with respect to activities which are within the
5 lawful scope of such business, such as the manufacture,
6 transportation, or testing of such weapons or ammunition.
7 This exemption does not authorize the general private
8 possession of any weapon from which 8 or more shots or
9 bullets can be discharged by a single function of the
10 firing device, but only such possession and activities as
11 are within the lawful scope of a licensed manufacturing
12 business described in this paragraph.
13 During transportation, such weapons shall be broken
14 down in a non-functioning state or not immediately
15 accessible.
16 (6) The manufacture, transport, testing, delivery,
17 transfer or sale, and all lawful commercial or
18 experimental activities necessary thereto, of rifles,
19 shotguns, and weapons made from rifles or shotguns, or
20 ammunition for such rifles, shotguns or weapons, where
21 engaged in by a person operating as a contractor or
22 subcontractor pursuant to a contract or subcontract for
23 the development and supply of such rifles, shotguns,
24 weapons or ammunition to the United States government or
25 any branch of the Armed Forces of the United States, when
26 such activities are necessary and incident to fulfilling

HB4327- 296 -LRB103 34892 RLC 64759 b
1 the terms of such contract.
2 The exemption granted under this subdivision (c)(6)
3 shall also apply to any authorized agent of any such
4 contractor or subcontractor who is operating within the
5 scope of his employment, where such activities involving
6 such weapon, weapons or ammunition are necessary and
7 incident to fulfilling the terms of such contract.
8 (7) A person possessing a rifle with a barrel or
9 barrels less than 16 inches in length if: (A) the person
10 has been issued a Curios and Relics license from the U.S.
11 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
12 (B) the person is an active member of a bona fide,
13 nationally recognized military re-enacting group and the
14 modification is required and necessary to accurately
15 portray the weapon for historical re-enactment purposes;
16 the re-enactor is in possession of a valid and current
17 re-enacting group membership credential; and the overall
18 length of the weapon as modified is not less than 26
19 inches.
20 (d) Subsection 24-1(a)(1) does not apply to the purchase,
21possession or carrying of a black-jack or slung-shot by a
22peace officer.
23 (e) Subsection 24-1(a)(8) does not apply to any owner,
24manager or authorized employee of any place specified in that
25subsection nor to any law enforcement officer.
26 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

HB4327- 297 -LRB103 34892 RLC 64759 b
1Section 24-1.6 do not apply to members of any club or
2organization organized for the purpose of practicing shooting
3at targets upon established target ranges, whether public or
4private, while using their firearms on those target ranges.
5 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
6to:
7 (1) Members of the Armed Services or Reserve Forces of
8 the United States or the Illinois National Guard, while in
9 the performance of their official duty.
10 (2) Bonafide collectors of antique or surplus military
11 ordnance.
12 (3) Laboratories having a department of forensic
13 ballistics, or specializing in the development of
14 ammunition or explosive ordnance.
15 (4) Commerce, preparation, assembly or possession of
16 explosive bullets by manufacturers of ammunition licensed
17 by the federal government, in connection with the supply
18 of those organizations and persons exempted by subdivision
19 (g)(1) of this Section, or like organizations and persons
20 outside this State, or the transportation of explosive
21 bullets to any organization or person exempted in this
22 Section by a common carrier or by a vehicle owned or leased
23 by an exempted manufacturer.
24 (g-5) Subsection 24-1(a)(6) does not apply to or affect
25persons licensed under federal law to manufacture any device
26or attachment of any kind designed, used, or intended for use

HB4327- 298 -LRB103 34892 RLC 64759 b
1in silencing the report of any firearm, firearms, or
2ammunition for those firearms equipped with those devices, and
3actually engaged in the business of manufacturing those
4devices, firearms, or ammunition, but only with respect to
5activities that are within the lawful scope of that business,
6such as the manufacture, transportation, or testing of those
7devices, firearms, or ammunition. This exemption does not
8authorize the general private possession of any device or
9attachment of any kind designed, used, or intended for use in
10silencing the report of any firearm, but only such possession
11and activities as are within the lawful scope of a licensed
12manufacturing business described in this subsection (g-5).
13During transportation, these devices shall be detached from
14any weapon or not immediately accessible.
15 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1624-1.6 do not apply to or affect any parole agent or parole
17supervisor who meets the qualifications and conditions
18prescribed in Section 3-14-1.5 of the Unified Code of
19Corrections.
20 (g-7) Subsection 24-1(a)(6) does not apply to a peace
21officer while serving as a member of a tactical response team
22or special operations team. A peace officer may not personally
23own or apply for ownership of a device or attachment of any
24kind designed, used, or intended for use in silencing the
25report of any firearm. These devices shall be owned and
26maintained by lawfully recognized units of government whose

HB4327- 299 -LRB103 34892 RLC 64759 b
1duties include the investigation of criminal acts.
2 (g-10) (Blank).
3 (h) An information or indictment based upon a violation of
4any subsection of this Article need not negative any
5exemptions contained in this Article. The defendant shall have
6the burden of proving such an exemption.
7 (i) Nothing in this Article shall prohibit, apply to, or
8affect the transportation, carrying, or possession, of any
9pistol or revolver, stun gun, taser, or other firearm
10consigned to a common carrier operating under license of the
11State of Illinois or the federal government, where such
12transportation, carrying, or possession is incident to the
13lawful transportation in which such common carrier is engaged;
14and nothing in this Article shall prohibit, apply to, or
15affect the transportation, carrying, or possession of any
16pistol, revolver, stun gun, taser, or other firearm, not the
17subject of and regulated by subsection 24-1(a)(7) or
18subsection 24-2(c) of this Article, which is unloaded and
19enclosed in a case, firearm carrying box, shipping box, or
20other container, by a person eligible under State and federal
21law to possess a firearm the possessor of a valid Firearm
22Owners Identification Card.
23(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23;
24102-837, eff. 5-13-22; 103-154, eff. 6-30-23.)
25 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

HB4327- 300 -LRB103 34892 RLC 64759 b
1 Sec. 24-3. Unlawful sale or delivery of firearms.
2 (A) A person commits the offense of unlawful sale or
3delivery of firearms when he or she knowingly does any of the
4following:
5 (a) Sells or gives any firearm of a size which may be
6 concealed upon the person to any person under 18 years of
7 age.
8 (b) Sells or gives any firearm to a person under 21
9 years of age who has been convicted of a misdemeanor other
10 than a traffic offense or adjudged delinquent.
11 (c) Sells or gives any firearm to any narcotic addict.
12 (d) Sells or gives any firearm to any person who has
13 been convicted of a felony under the laws of this or any
14 other jurisdiction.
15 (e) Sells or gives any firearm to any person who has
16 been a patient in a mental institution within the past 5
17 years. In this subsection (e):
18 "Mental institution" means any hospital,
19 institution, clinic, evaluation facility, mental
20 health center, or part thereof, which is used
21 primarily for the care or treatment of persons with
22 mental illness.
23 "Patient in a mental institution" means the person
24 was admitted, either voluntarily or involuntarily, to
25 a mental institution for mental health treatment,
26 unless the treatment was voluntary and solely for an

HB4327- 301 -LRB103 34892 RLC 64759 b
1 alcohol abuse disorder and no other secondary
2 substance abuse disorder or mental illness.
3 (f) Sells or gives any firearms to any person who is a
4 person with an intellectual disability.
5 (g) Delivers any firearm, incidental to a sale,
6 without withholding delivery of the firearm for at least
7 72 hours after application for its purchase has been made,
8 or delivers a stun gun or taser, incidental to a sale,
9 without withholding delivery of the stun gun or taser for
10 at least 24 hours after application for its purchase has
11 been made. However, this paragraph (g) does not apply to:
12 (1) the sale of a firearm to a law enforcement officer if
13 the seller of the firearm knows that the person to whom he
14 or she is selling the firearm is a law enforcement officer
15 or the sale of a firearm to a person who desires to
16 purchase a firearm for use in promoting the public
17 interest incident to his or her employment as a bank
18 guard, armed truck guard, or other similar employment; (2)
19 a mail order sale of a firearm from a federally licensed
20 firearms dealer to a nonresident of Illinois under which
21 the firearm is mailed to a federally licensed firearms
22 dealer outside the boundaries of Illinois; (3) (blank);
23 (4) the sale of a firearm to a dealer licensed as a federal
24 firearms dealer under Section 923 of the federal Gun
25 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
26 sale of any rifle, shotgun, or other long gun to a resident

HB4327- 302 -LRB103 34892 RLC 64759 b
1 registered competitor or attendee or non-resident
2 registered competitor or attendee by any dealer licensed
3 as a federal firearms dealer under Section 923 of the
4 federal Gun Control Act of 1968 at competitive shooting
5 events held at the World Shooting Complex sanctioned by a
6 national governing body. For purposes of transfers or
7 sales under subparagraph (5) of this paragraph (g), the
8 Department of Natural Resources shall give notice to the
9 Illinois State Police at least 30 calendar days prior to
10 any competitive shooting events at the World Shooting
11 Complex sanctioned by a national governing body. The
12 notification shall be made on a form prescribed by the
13 Illinois State Police. The sanctioning body shall provide
14 a list of all registered competitors and attendees at
15 least 24 hours before the events to the Illinois State
16 Police. Any changes to the list of registered competitors
17 and attendees shall be forwarded to the Illinois State
18 Police as soon as practicable. The Illinois State Police
19 must destroy the list of registered competitors and
20 attendees no later than 30 days after the date of the
21 event. Nothing in this paragraph (g) relieves a federally
22 licensed firearm dealer from the requirements of
23 conducting a NICS background check through the Illinois
24 Point of Contact under 18 U.S.C. 922(t). For purposes of
25 this paragraph (g), "application" means when the buyer and
26 seller reach an agreement to purchase a firearm. For

HB4327- 303 -LRB103 34892 RLC 64759 b
1 purposes of this paragraph (g), "national governing body"
2 means a group of persons who adopt rules and formulate
3 policy on behalf of a national firearm sporting
4 organization.
5 (h) While holding any license as a dealer, importer,
6 manufacturer or pawnbroker under the federal Gun Control
7 Act of 1968, manufactures, sells or delivers to any
8 unlicensed person a handgun having a barrel, slide, frame
9 or receiver which is a die casting of zinc alloy or any
10 other nonhomogeneous metal which will melt or deform at a
11 temperature of less than 800 degrees Fahrenheit. For
12 purposes of this paragraph, (1) "firearm" has the meaning
13 provided in Section 2-7.5 of the Criminal Code of 2012 is
14 defined as in the Firearm Owners Identification Card Act;
15 and (2) "handgun" is defined as a firearm designed to be
16 held and fired by the use of a single hand, and includes a
17 combination of parts from which such a firearm can be
18 assembled.
19 (i) Sells or gives a firearm of any size to any person
20 under 18 years of age who is not eligible under State or
21 federal law to possess a firearm does not possess a valid
22 Firearm Owner's Identification Card.
23 (j) Sells or gives a firearm while engaged in the
24 business of selling firearms at wholesale or retail
25 without being licensed as a federal firearms dealer under
26 Section 923 of the federal Gun Control Act of 1968 (18

HB4327- 304 -LRB103 34892 RLC 64759 b
1 U.S.C. 923). In this paragraph (j):
2 A person "engaged in the business" means a person who
3 devotes time, attention, and labor to engaging in the
4 activity as a regular course of trade or business with the
5 principal objective of livelihood and profit, but does not
6 include a person who makes occasional repairs of firearms
7 or who occasionally fits special barrels, stocks, or
8 trigger mechanisms to firearms.
9 "With the principal objective of livelihood and
10 profit" means that the intent underlying the sale or
11 disposition of firearms is predominantly one of obtaining
12 livelihood and pecuniary gain, as opposed to other
13 intents, such as improving or liquidating a personal
14 firearms collection; however, proof of profit shall not be
15 required as to a person who engages in the regular and
16 repetitive purchase and disposition of firearms for
17 criminal purposes or terrorism.
18 (k) (Blank). Sells or transfers ownership of a firearm
19 to a person who does not display to the seller or
20 transferor of the firearm either: (1) a currently valid
21 Firearm Owner's Identification Card that has previously
22 been issued in the transferee's name by the Illinois State
23 Police under the provisions of the Firearm Owners
24 Identification Card Act; or (2) a currently valid license
25 to carry a concealed firearm that has previously been
26 issued in the transferee's name by the Illinois State

HB4327- 305 -LRB103 34892 RLC 64759 b
1 Police under the Firearm Concealed Carry Act. This
2 paragraph (k) does not apply to the transfer of a firearm
3 to a person who is exempt from the requirement of
4 possessing a Firearm Owner's Identification Card under
5 Section 2 of the Firearm Owners Identification Card Act.
6 For the purposes of this Section, a currently valid
7 Firearm Owner's Identification Card or license to carry a
8 concealed firearm means receipt of an approval number
9 issued in accordance with subsection (a-10) of Section 3
10 or Section 3.1 of the Firearm Owners Identification Card
11 Act.
12 (1) (Blank). In addition to the other requirements
13 of this paragraph (k), all persons who are not
14 federally licensed firearms dealers must also have
15 complied with subsection (a-10) of Section 3 of the
16 Firearm Owners Identification Card Act by determining
17 the validity of a purchaser's Firearm Owner's
18 Identification Card.
19 (2) (Blank). All sellers or transferors who have
20 complied with the requirements of subparagraph (1) of
21 this paragraph (k) shall not be liable for damages in
22 any civil action arising from the use or misuse by the
23 transferee of the firearm transferred, except for
24 willful or wanton misconduct on the part of the seller
25 or transferor.
26 (l) Not being entitled to the possession of a firearm,

HB4327- 306 -LRB103 34892 RLC 64759 b
1 delivers the firearm, knowing it to have been stolen or
2 converted. It may be inferred that a person who possesses
3 a firearm with knowledge that its serial number has been
4 removed or altered has knowledge that the firearm is
5 stolen or converted.
6 (B) Paragraph (h) of subsection (A) does not include
7firearms sold within 6 months after enactment of Public Act
878-355 (approved August 21, 1973, effective October 1, 1973),
9nor is any firearm legally owned or possessed by any citizen or
10purchased by any citizen within 6 months after the enactment
11of Public Act 78-355 subject to confiscation or seizure under
12the provisions of that Public Act. Nothing in Public Act
1378-355 shall be construed to prohibit the gift or trade of any
14firearm if that firearm was legally held or acquired within 6
15months after the enactment of that Public Act.
16 (C) Sentence.
17 (1) Any person convicted of unlawful sale or delivery
18 of firearms in violation of paragraph (c), (e), (f), (g),
19 or (h) of subsection (A) commits a Class 4 felony.
20 (2) Any person convicted of unlawful sale or delivery
21 of firearms in violation of paragraph (b) or (i) of
22 subsection (A) commits a Class 3 felony.
23 (3) Any person convicted of unlawful sale or delivery
24 of firearms in violation of paragraph (a) of subsection
25 (A) commits a Class 2 felony.
26 (4) Any person convicted of unlawful sale or delivery

HB4327- 307 -LRB103 34892 RLC 64759 b
1 of firearms in violation of paragraph (a), (b), or (i) of
2 subsection (A) in any school, on the real property
3 comprising a school, within 1,000 feet of the real
4 property comprising a school, at a school related
5 activity, or on or within 1,000 feet of any conveyance
6 owned, leased, or contracted by a school or school
7 district to transport students to or from school or a
8 school related activity, regardless of the time of day or
9 time of year at which the offense was committed, commits a
10 Class 1 felony. Any person convicted of a second or
11 subsequent violation of unlawful sale or delivery of
12 firearms in violation of paragraph (a), (b), or (i) of
13 subsection (A) in any school, on the real property
14 comprising a school, within 1,000 feet of the real
15 property comprising a school, at a school related
16 activity, or on or within 1,000 feet of any conveyance
17 owned, leased, or contracted by a school or school
18 district to transport students to or from school or a
19 school related activity, regardless of the time of day or
20 time of year at which the offense was committed, commits a
21 Class 1 felony for which the sentence shall be a term of
22 imprisonment of no less than 5 years and no more than 15
23 years.
24 (5) Any person convicted of unlawful sale or delivery
25 of firearms in violation of paragraph (a) or (i) of
26 subsection (A) in residential property owned, operated, or

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

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

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

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1years after the commission of the offense. A prosecution for a
2violation of this Section other than paragraph (g) of
3subsection (A) of this Section may be commenced within 5 years
4after the commission of the offense defined in the particular
5paragraph.
6(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
7102-813, eff. 5-13-22.)
8 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
9 Sec. 24-3.1. Unlawful possession of firearms and firearm
10ammunition.
11 (a) A person commits the offense of unlawful possession of
12firearms or firearm ammunition when:
13 (1) He is under 18 years of age and has in his
14 possession any firearm of a size which may be concealed
15 upon the person; or
16 (2) He is under 21 years of age, has been convicted of
17 a misdemeanor other than a traffic offense or adjudged
18 delinquent and has any firearms or firearm ammunition in
19 his possession; or
20 (3) He is a narcotic addict and has any firearms or
21 firearm ammunition in his possession; or
22 (4) He has been a patient in a mental institution
23 within the past 5 years and has any firearms or firearm
24 ammunition in his possession. For purposes of this
25 paragraph (4):

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

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

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1 where applicable, the petitioner's criminal history and
2 his reputation are such that the petitioner will not be
3 likely to act in a manner dangerous to public safety;
4 (4) granting relief would not be contrary to the
5 public interest; and
6 (5) granting relief would not be contrary to federal
7 law.
8 (b) Sentence.
9 Unlawful possession of firearms, other than handguns, and
10firearm ammunition is a Class A misdemeanor. Unlawful
11possession of handguns is a Class 4 felony. The possession of
12each firearm or firearm ammunition in violation of this
13Section constitutes a single and separate violation.
14 (c) Nothing in paragraph (1) of subsection (a) of this
15Section prohibits a person under 18 years of age from
16participating in any lawful recreational activity with a
17firearm such as, but not limited to, practice shooting at
18targets upon established public or private target ranges or
19hunting, trapping, or fishing in accordance with the Wildlife
20Code or the Fish and Aquatic Life Code.
21(Source: P.A. 99-143, eff. 7-27-15.)
22 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
23 Sec. 24-3.2. Unlawful discharge of firearm projectiles.
24 (a) A person commits the offense of unlawful discharge of
25firearm projectiles when he or she knowingly or recklessly

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

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

HB4327- 317 -LRB103 34892 RLC 64759 b
1 performance of their official duties.
2(Source: P.A. 92-423, eff. 1-1-02.)
3 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
4 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
5 (a) It shall be unlawful for any person who holds a license
6to sell at retail any alcoholic liquor issued by the Illinois
7Liquor Control Commission or local liquor control commissioner
8under the Liquor Control Act of 1934 or an agent or employee of
9the licensee to sell or deliver to any other person a firearm
10in or on the real property of the establishment where the
11licensee is licensed to sell alcoholic liquors unless the sale
12or delivery of the firearm is otherwise lawful under this
13Article and under the Firearm Owners Identification Card Act.
14 (b) Sentence. A violation of subsection (a) of this
15Section is a Class 4 felony.
16(Source: P.A. 87-591.)
17 (720 ILCS 5/24-3.5)
18 Sec. 24-3.5. Unlawful purchase of a firearm.
19 (a) For purposes of this Section, "firearms transaction
20record form" means a form:
21 (1) executed by a transferee of a firearm stating: (i)
22 the transferee's name and address (including county or
23 similar political subdivision); (ii) whether the
24 transferee is a citizen of the United States; (iii) the

HB4327- 318 -LRB103 34892 RLC 64759 b
1 transferee's State of residence; and (iv) the date and
2 place of birth, height, weight, and race of the
3 transferee; and
4 (2) on which the transferee certifies that he or she
5 is not prohibited by federal law from transporting or
6 shipping a firearm in interstate or foreign commerce or
7 receiving a firearm that has been shipped or transported
8 in interstate or foreign commerce or possessing a firearm
9 in or affecting commerce.
10 (b) A person commits the offense of unlawful purchase of a
11firearm who knowingly purchases or attempts to purchase a
12firearm with the intent to deliver that firearm to another
13person who is prohibited by federal or State law from
14possessing a firearm.
15 (c) A person commits the offense of unlawful purchase of a
16firearm when he or she, in purchasing or attempting to
17purchase a firearm, intentionally provides false or misleading
18information on a United States Department of the Treasury,
19Bureau of Alcohol, Tobacco and Firearms firearms transaction
20record form.
21 (d) Exemption. It is not a violation of subsection (b) of
22this Section for a person to make a gift or loan of a firearm
23to a person who is not prohibited by federal or State law from
24possessing a firearm if the transfer of the firearm is made in
25accordance with Section 3 of the Firearm Owners Identification
26Card Act.

HB4327- 319 -LRB103 34892 RLC 64759 b
1 (e) Sentence.
2 (1) A person who commits the offense of unlawful
3 purchase of a firearm:
4 (A) is guilty of a Class 2 felony for purchasing or
5 attempting to purchase one firearm;
6 (B) is guilty of a Class 1 felony for purchasing or
7 attempting to purchase not less than 2 firearms and
8 not more than 5 firearms at the same time or within a
9 one year period;
10 (C) is guilty of a Class X felony for which the
11 offender shall be sentenced to a term of imprisonment
12 of not less than 9 years and not more than 40 years for
13 purchasing or attempting to purchase not less than 6
14 firearms at the same time or within a 2 year period.
15 (2) In addition to any other penalty that may be
16 imposed for a violation of this Section, the court may
17 sentence a person convicted of a violation of subsection
18 (c) of this Section to a fine not to exceed $250,000 for
19 each violation.
20 (f) A prosecution for unlawful purchase of a firearm may
21be commenced within 6 years after the commission of the
22offense.
23(Source: P.A. 95-882, eff. 1-1-09.)
24 (720 ILCS 5/24-3B)
25 Sec. 24-3B. Firearms trafficking.

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

HB4327- 321 -LRB103 34892 RLC 64759 b
1 (1) Firearms trafficking is a Class 1 felony for which
2 the person, if sentenced to a term of imprisonment, shall
3 be sentenced to not less than 4 years and not more than 20
4 years.
5 (2) Firearms trafficking by a person who has been
6 previously convicted of firearms trafficking, gunrunning,
7 or a felony offense for the unlawful sale, delivery, or
8 transfer of a firearm or firearm ammunition in this State
9 or another jurisdiction is a Class X felony.
10(Source: P.A. 102-538, eff. 8-20-21.)
11 (720 ILCS 5/24-4.1)
12 Sec. 24-4.1. Report of lost or stolen firearms.
13 (a) If a person who possesses a valid Firearm Owner's
14Identification Card and who possesses or acquires a firearm
15thereafter loses the firearm, or if the firearm is stolen from
16the person, the person must report the loss or theft to the
17local law enforcement agency within 72 hours after obtaining
18knowledge of the loss or theft.
19 (b) A law enforcement agency having jurisdiction shall
20take a written report and shall, as soon as practical, enter
21the firearm's serial number as stolen into the Law Enforcement
22Agencies Data System (LEADS).
23 (c) A person shall not be in violation of this Section if:
24 (1) the failure to report is due to an act of God, act
25 of war, or inability of a law enforcement agency to

HB4327- 322 -LRB103 34892 RLC 64759 b
1 receive the report;
2 (2) the person is hospitalized, in a coma, or is
3 otherwise seriously physically or mentally impaired as to
4 prevent the person from reporting; or
5 (3) the person's designee makes a report if the person
6 is unable to make the report.
7 (d) Sentence. A person who violates this Section is guilty
8of a petty offense for a first violation. A second or
9subsequent violation of this Section is a Class A misdemeanor.
10(Source: P.A. 98-508, eff. 8-19-13.)
11 (720 ILCS 5/24-4.5 new)
12 Sec. 24-4.5. Dial-up system.
13 (a) The Illinois State Police shall provide a dial-up
14telephone system or use other existing technology which shall
15be used by any federally licensed firearm dealer, gun show
16promoter, or gun show vendor who is to transfer a firearm, stun
17gun, or taser under the provisions of this Code. The Illinois
18State Police may use existing technology which allows the
19caller to be charged a fee not to exceed $2. Fees collected by
20the Illinois State Police shall be deposited in the State
21Police Services Fund and used to provide the service.
22 (b) Upon receiving a request from a federally licensed
23firearm dealer, gun show promoter, or gun show vendor, the
24Illinois State Police shall immediately approve, or, within
25the time period established by Section 24-3 of this Code

HB4327- 323 -LRB103 34892 RLC 64759 b
1regarding the delivery of firearms, stun guns, and tasers,
2notify the inquiring dealer, gun show promoter, or gun show
3vendor of any objection that would disqualify the transferee
4from acquiring or possessing a firearm, stun gun, or taser. In
5conducting the inquiry, the Illinois State Police shall
6initiate and complete an automated search of its criminal
7history record information files and those of the Federal
8Bureau of Investigation, including the National Instant
9Criminal Background Check System, and of the files of the
10Department of Human Services relating to mental health and
11developmental disabilities to obtain any felony conviction or
12patient hospitalization information which would disqualify a
13person from obtaining a firearm.
14 (c) If receipt of a firearm would not violate Section 24-3
15of this Code or federal law, the Illinois State Police shall:
16 (1) assign a unique identification number to the
17 transfer; and
18 (2) provide the licensee, gun show promoter, or gun
19 show vendor with the number.
20 (d) Approvals issued by the Illinois State Police for the
21purchase of a firearm are valid for 30 days from the date of
22issue.
23 (e)(1) The Illinois State Police must act as the Illinois
24Point of Contact for the National Instant Criminal Background
25Check System.
26 (2) The Illinois State Police and the Department of Human

HB4327- 324 -LRB103 34892 RLC 64759 b
1Services shall, in accordance with State and federal law
2regarding confidentiality, enter into a memorandum of
3understanding with the Federal Bureau of Investigation for the
4purpose of implementing the National Instant Criminal
5Background Check System in the State. The Department of State
6Police shall report the name, date of birth, and physical
7description of any person prohibited from possessing a firearm
8under this Code or 18 U.S.C. 922(g) and (n) to the National
9Instant Criminal Background Check System Index, Denied Persons
10Files.
11 (f) The Illinois State Police shall adopt rules not
12inconsistent with this Section to implement this system.
13 (720 ILCS 5/24-5.1)
14 Sec. 24-5.1. Serialization of unfinished frames or
15receivers; prohibition on unserialized firearms; exceptions;
16penalties.
17 (a) In this Section:
18 "Bona fide supplier" means an established business entity
19engaged in the development and sale of firearms parts to one or
20more federal firearms manufacturers or federal firearms
21importers.
22 "Federal firearms dealer" means a licensed manufacturer
23pursuant to 18 U.S.C. 921(a)(11).
24 "Federal firearms importer" means a licensed importer
25pursuant to 18 U.S.C. 921(a)(9).

HB4327- 325 -LRB103 34892 RLC 64759 b
1 "Federal firearms manufacturer" means a licensed
2manufacturer pursuant to 18 U.S.C. 921(a)(10).
3 "Frame or receiver" means a part of a firearm that, when
4the complete weapon is assembled, is visible from the exterior
5and provides housing or a structure designed to hold or
6integrate one or more fire control components, even if pins or
7other attachments are required to connect those components to
8the housing or structure. For models of firearms in which
9multiple parts provide such housing or structure, the part or
10parts that the Director of the federal Bureau of Alcohol,
11Tobacco, Firearms and Explosives has determined are a frame or
12receiver constitute the frame or receiver. For purposes of
13this definition, "fire control component" means a component
14necessary for the firearm to initiate, complete, or continue
15the firing sequence, including any of the following: hammer,
16bolt, bolt carrier, breechblock, cylinder, trigger mechanism,
17firing pin, striker, or slide rails.
18 "Security exemplar" means an object to be fabricated at
19the direction of the United States Attorney General that is
20(1) constructed of 3.7 ounces of material type 17-4 PH
21stainless steel in a shape resembling a handgun and (2)
22suitable for testing and calibrating metal detectors.
23 "Three-dimensional printer" means a computer or
24computer-drive machine capable of producing a
25three-dimensional object from a digital model.
26 "Undetectable firearm" means (1) a firearm constructed

HB4327- 326 -LRB103 34892 RLC 64759 b
1entirely of non-metal substances; (2) a firearm that, after
2removal of all parts but the major components of the firearm,
3is not detectable by walk-through metal detectors calibrated
4and operated to detect the security exemplar; or (3) a firearm
5that includes a major component of a firearm, which, if
6subject to the types of detection devices commonly used at
7airports for security screening, would not generate an image
8that accurately depicts the shape of the component.
9"Undetectable firearm" does not include a firearm subject to
10the provisions of 18 U.S.C. 922(p)(3) through (6).
11 "Unfinished frame or receiver" means any forging, casting,
12printing, extrusion, machined body, or similar article that:
13 (1) has reached a stage in manufacture where it may
14 readily be completed, assembled, or converted to be a
15 functional firearm; or
16 (2) is marketed or sold to the public to become or be
17 used as the frame or receiver of a functional firearm once
18 completed, assembled, or converted.
19 "Unserialized" means lacking a serial number imprinted by:
20 (1) a federal firearms manufacturer, federal firearms
21 importer, federal firearms dealer, or other federal
22 licensee authorized to provide marking services, pursuant
23 to a requirement under federal law; or
24 (2) a federal firearms dealer or other federal
25 licensee authorized to provide marking services pursuant
26 to subsection (f) of this Section.

HB4327- 327 -LRB103 34892 RLC 64759 b
1 (b) It is unlawful for any person to knowingly sell, offer
2to sell, or transfer an unserialized unfinished frame or
3receiver or unserialized firearm, including those produced
4using a three-dimensional printer, unless the party purchasing
5or receiving the unfinished frame or receiver or unserialized
6firearm is a federal firearms importer, federal firearms
7manufacturer, or federal firearms dealer.
8 (c) Beginning 180 days after the effective date of this
9amendatory Act of the 102nd General Assembly, it is unlawful
10for any person to knowingly possess, transport, or receive an
11unfinished frame or receiver, unless:
12 (1) the party possessing or receiving the unfinished
13 frame or receiver is a federal firearms importer or
14 federal firearms manufacturer;
15 (2) the unfinished frame or receiver is possessed or
16 transported by a person for transfer to a federal firearms
17 importer or federal firearms manufacturer; or
18 (3) the unfinished frame or receiver has been
19 imprinted with a serial number issued by a federal
20 firearms importer or federal firearms manufacturer in
21 compliance with subsection (f) of this Section.
22 (d) Beginning 180 days after the effective date of this
23amendatory Act of the 102nd General Assembly, unless the party
24receiving the firearm is a federal firearms importer or
25federal firearms manufacturer, it is unlawful for any person
26to knowingly possess, purchase, transport, or receive a

HB4327- 328 -LRB103 34892 RLC 64759 b
1firearm that is not imprinted with a serial number by (1) a
2federal firearms importer or federal firearms manufacturer in
3compliance with all federal laws and regulations regulating
4the manufacture and import of firearms or (2) a federal
5firearms manufacturer, federal firearms dealer, or other
6federal licensee authorized to provide marking services in
7compliance with the unserialized firearm serialization process
8under subsection (f) of this Section.
9 (e) Any firearm or unfinished frame or receiver
10manufactured using a three-dimensional printer must also be
11serialized in accordance with the requirements of subsection
12(f) within 30 days after the effective date of this amendatory
13Act of the 102nd General Assembly, or prior to reaching a stage
14of manufacture where it may be readily completed, assembled,
15or converted to be a functional firearm.
16 (f) Unserialized unfinished frames or receivers and
17unserialized firearms serialized pursuant to this Section
18shall be serialized in compliance with all of the following:
19 (1) An unserialized unfinished frame or receiver and
20 unserialized firearm shall be serialized by a federally
21 licensed firearms dealer or other federal licensee
22 authorized to provide marking services with the licensee's
23 abbreviated federal firearms license number as a prefix
24 (which is the first 3 and last 5 digits) followed by a
25 hyphen, and then followed by a number as a suffix, such as
26 12345678-(number). The serial number or numbers must be

HB4327- 329 -LRB103 34892 RLC 64759 b
1 placed in a manner that accords with the requirements
2 under federal law for affixing serial numbers to firearms,
3 including the requirements that the serial number or
4 numbers be at the minimum size and depth, and not
5 susceptible to being readily obliterated, altered, or
6 removed, and the licensee must retain records that accord
7 with the requirements under federal law in the case of the
8 sale of a firearm. The imprinting of any serial number
9 upon a undetectable firearm must be done on a steel plaque
10 in compliance with 18 U.S.C. 922(p).
11 (2) Every federally licensed firearms dealer or other
12 federal licensee that engraves, casts, stamps, or
13 otherwise conspicuously and permanently places a unique
14 serial number pursuant to this Section shall maintain a
15 record of such indefinitely. Licensees subject to the
16 Firearm Dealer License Certification Act shall make all
17 records accessible for inspection upon the request of the
18 Illinois State Police or a law enforcement agency in
19 accordance with Section 5-35 of the Firearm Dealer License
20 Certification Act.
21 (3) Every federally licensed firearms dealer or other
22 federal licensee that engraves, casts, stamps, or
23 otherwise conspicuously and permanently places a unique
24 serial number pursuant to this Section shall record it at
25 the time of every transaction involving the transfer of a
26 firearm, rifle, shotgun, finished frame or receiver, or

HB4327- 330 -LRB103 34892 RLC 64759 b
1 unfinished frame or receiver that has been so marked in
2 compliance with the federal guidelines set forth in 27 CFR
3 478.124.
4 (4) (Blank). Every federally licensed firearms dealer
5 or other federal licensee that engraves, casts, stamps, or
6 otherwise conspicuously and permanently places a unique
7 serial number pursuant to this Section shall review and
8 confirm the validity of the owner's Firearm Owner's
9 Identification Card issued under the Firearm Owners
10 Identification Card Act prior to returning the firearm to
11 the owner.
12 (g) Within 30 days after the effective date of this
13amendatory Act of the 102nd General Assembly, the Director of
14the Illinois State Police shall issue a public notice
15regarding the provisions of this Section. The notice shall
16include posting on the Illinois State Police website and may
17include written notification or any other means of
18communication statewide to all Illinois-based federal firearms
19manufacturers, federal firearms dealers, or other federal
20licensees authorized to provide marking services in compliance
21with the serialization process in subsection (f) in order to
22educate the public.
23 (h) Exceptions. This Section does not apply to an
24unserialized unfinished frame or receiver or an unserialized
25firearm that:
26 (1) has been rendered permanently inoperable;

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

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1 (2) A person who violates subsection (b) is guilty of
2 a Class 4 felony for a first violation and is guilty of a
3 Class 2 felony for a second or subsequent violation.
4(Source: P.A. 102-889, eff. 5-18-22.)
5 (720 ILCS 5/24-9)
6 Sec. 24-9. Firearms; Child Protection.
7 (a) Except as provided in subsection (c), it is unlawful
8for any person to store or leave, within premises under his or
9her control, a firearm if the person knows or has reason to
10believe that a minor under the age of 14 years who does not
11have a Firearm Owners Identification Card is likely to gain
12access to the firearm without the lawful permission of the
13person possessing the firearm, minor's parent, guardian, or
14person having charge of the minor, and the minor causes death
15or great bodily harm with the firearm, unless the firearm is:
16 (1) secured by a device or mechanism, other than the
17 firearm safety, designed to render a firearm temporarily
18 inoperable; or
19 (2) placed in a securely locked box or container; or
20 (3) placed in some other location that a reasonable
21 person would believe to be secure from a minor under the
22 age of 14 years.
23 (b) Sentence. A person who violates this Section is guilty
24of a Class C misdemeanor and shall be fined not less than
25$1,000. A second or subsequent violation of this Section is a

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1Class A misdemeanor.
2 (c) Subsection (a) does not apply:
3 (1) if the minor under 14 years of age gains access to
4 a firearm and uses it in a lawful act of self-defense or
5 defense of another; or
6 (2) to any firearm obtained by a minor under the age of
7 14 because of an unlawful entry of the premises by the
8 minor or another person.
9 (d) (Blank). For the purposes of this Section, "firearm"
10has the meaning ascribed to it in Section 1.1 of the Firearm
11Owners Identification Card Act.
12(Source: P.A. 91-18, eff. 1-1-00.)
13 Section 165. The Methamphetamine Control and Community
14Protection Act is amended by changing Section 10 as follows:
15 (720 ILCS 646/10)
16 Sec. 10. Definitions. As used in this Act:
17 "Anhydrous ammonia" has the meaning provided in subsection
18(d) of Section 3 of the Illinois Fertilizer Act of 1961.
19 "Anhydrous ammonia equipment" means all items used to
20store, hold, contain, handle, transfer, transport, or apply
21anhydrous ammonia for lawful purposes.
22 "Booby trap" means any device designed to cause physical
23injury when triggered by an act of a person approaching,
24entering, or moving through a structure, a vehicle, or any

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

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1 "Finished methamphetamine" means methamphetamine in a form
2commonly used for personal consumption.
3 "Firearm" has the meaning provided in Section 2-7.5 of the
4Criminal Code of 2012 1.1 of the Firearm Owners Identification
5Card Act.
6 "Manufacture" means to produce, prepare, compound,
7convert, process, synthesize, concentrate, purify, separate,
8extract, or package any methamphetamine, methamphetamine
9precursor, methamphetamine manufacturing catalyst,
10methamphetamine manufacturing reagent, methamphetamine
11manufacturing solvent, or any substance containing any of the
12foregoing.
13 "Methamphetamine" means the chemical methamphetamine (a
14Schedule II controlled substance under the Illinois Controlled
15Substances Act) or any salt, optical isomer, salt of optical
16isomer, or analog thereof, with the exception of
173,4-Methylenedioxymethamphetamine (MDMA) or any other
18scheduled substance with a separate listing under the Illinois
19Controlled Substances Act.
20 "Methamphetamine manufacturing catalyst" means any
21substance that has been used, is being used, or is intended to
22be used to activate, accelerate, extend, or improve a chemical
23reaction involved in the manufacture of methamphetamine.
24 "Methamphetamine manufacturing environment" means a
25structure or vehicle in which:
26 (1) methamphetamine is being or has been manufactured;

HB4327- 336 -LRB103 34892 RLC 64759 b
1 (2) chemicals that are being used, have been used, or
2 are intended to be used to manufacture methamphetamine are
3 stored;
4 (3) methamphetamine manufacturing materials that have
5 been used to manufacture methamphetamine are stored; or
6 (4) methamphetamine manufacturing waste is stored.
7 "Methamphetamine manufacturing material" means any
8methamphetamine precursor, substance containing any
9methamphetamine precursor, methamphetamine manufacturing
10catalyst, substance containing any methamphetamine
11manufacturing catalyst, methamphetamine manufacturing
12reagent, substance containing any methamphetamine
13manufacturing reagent, methamphetamine manufacturing solvent,
14substance containing any methamphetamine manufacturing
15solvent, or any other chemical, substance, ingredient,
16equipment, apparatus, or item that is being used, has been
17used, or is intended to be used in the manufacture of
18methamphetamine.
19 "Methamphetamine manufacturing reagent" means any
20substance other than a methamphetamine manufacturing catalyst
21that has been used, is being used, or is intended to be used to
22react with and chemically alter any methamphetamine precursor.
23 "Methamphetamine manufacturing solvent" means any
24substance that has been used, is being used, or is intended to
25be used as a medium in which any methamphetamine precursor,
26methamphetamine manufacturing catalyst, methamphetamine

HB4327- 337 -LRB103 34892 RLC 64759 b
1manufacturing reagent, or any substance containing any of the
2foregoing is dissolved, diluted, or washed during any part of
3the methamphetamine manufacturing process.
4 "Methamphetamine manufacturing waste" means any chemical,
5substance, ingredient, equipment, apparatus, or item that is
6left over from, results from, or is produced by the process of
7manufacturing methamphetamine, other than finished
8methamphetamine.
9 "Methamphetamine precursor" means ephedrine,
10pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
11phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
12isomer, or salt of an optical isomer of any of these chemicals.
13 "Multi-unit dwelling" means a unified structure used or
14intended for use as a habitation, home, or residence that
15contains 2 or more condominiums, apartments, hotel rooms,
16motel rooms, or other living units.
17 "Package" means an item marked for retail sale that is not
18designed to be further broken down or subdivided for the
19purpose of retail sale.
20 "Participate" or "participation" in the manufacture of
21methamphetamine means to produce, prepare, compound, convert,
22process, synthesize, concentrate, purify, separate, extract,
23or package any methamphetamine, methamphetamine precursor,
24methamphetamine manufacturing catalyst, methamphetamine
25manufacturing reagent, methamphetamine manufacturing solvent,
26or any substance containing any of the foregoing, or to assist

HB4327- 338 -LRB103 34892 RLC 64759 b
1in any of these actions, or to attempt to take any of these
2actions, regardless of whether this action or these actions
3result in the production of finished methamphetamine.
4 "Person with a disability" means a person who suffers from
5a permanent physical or mental impairment resulting from
6disease, injury, functional disorder, or congenital condition
7which renders the person incapable of adequately providing for
8his or her own health and personal care.
9 "Procure" means to purchase, steal, gather, or otherwise
10obtain, by legal or illegal means, or to cause another to take
11such action.
12 "Second or subsequent offense" means an offense under this
13Act committed by an offender who previously committed an
14offense under this Act, the Illinois Controlled Substances
15Act, the Cannabis Control Act, or another Act of this State,
16another state, or the United States relating to
17methamphetamine, cannabis, or any other controlled substance.
18 "Standard dosage form", as used in relation to any
19methamphetamine precursor, means that the methamphetamine
20precursor is contained in a pill, tablet, capsule, caplet, gel
21cap, or liquid cap that has been manufactured by a lawful
22entity and contains a standard quantity of methamphetamine
23precursor.
24 "Unauthorized container", as used in relation to anhydrous
25ammonia, means any container that is not designed for the
26specific and sole purpose of holding, storing, transporting,

HB4327- 339 -LRB103 34892 RLC 64759 b
1or applying anhydrous ammonia. "Unauthorized container"
2includes, but is not limited to, any propane tank, fire
3extinguisher, oxygen cylinder, gasoline can, food or beverage
4cooler, or compressed gas cylinder used in dispensing fountain
5drinks. "Unauthorized container" does not encompass anhydrous
6ammonia manufacturing plants, refrigeration systems where
7anhydrous ammonia is used solely as a refrigerant, anhydrous
8ammonia transportation pipelines, anhydrous ammonia tankers,
9or anhydrous ammonia barges.
10(Source: P.A. 102-538, eff. 8-20-21.)
11 Section 170. The Code of Criminal Procedure of 1963 is
12amended by changing Sections 102-7.1, 110-10, 112A-5.5,
13112A-11.1, 112A-11.2, 112A-14, 112A-14.7, and 112A-17.5 as
14follows:
15 (725 ILCS 5/102-7.1)
16 (Text of Section before amendment by P.A. 102-982)
17 Sec. 102-7.1. "Category A offense". "Category A offense"
18means a Class 1 felony, Class 2 felony, Class X felony, first
19degree murder, a violation of Section 11-204 of the Illinois
20Vehicle Code, a second or subsequent violation of Section
2111-501 of the Illinois Vehicle Code, a violation of subsection
22(d) of Section 11-501 of the Illinois Vehicle Code, a
23violation of Section 11-401 of the Illinois Vehicle Code if
24the accident results in injury and the person failed to report

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1the accident within 30 minutes, a violation of Section 9-3,
29-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
311-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
412-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
524-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a
6second or subsequent violation of 12-3.2 or 12-3.4 of the
7Criminal Code of 2012, a violation of paragraph (5) or (6) of
8subsection (b) of Section 10-9 of the Criminal Code of 2012, a
9violation of subsection (b) or (c) or paragraph (1) or (2) of
10subsection (a) of Section 11-1.50 of the Criminal Code of
112012, a violation of Section 12-7 of the Criminal Code of 2012
12if the defendant inflicts bodily harm on the victim to obtain a
13confession, statement, or information, a violation of Section
1412-7.5 of the Criminal Code of 2012 if the action results in
15bodily harm, a violation of paragraph (3) of subsection (b) of
16Section 17-2 of the Criminal Code of 2012, a violation of
17subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
182012, a violation of paragraph (6) of subsection (a) of
19Section 24-1 of the Criminal Code of 2012, a first violation of
20Section 24-1.6 of the Criminal Code of 2012 by a person 18
21years of age or older where the factors listed in both items
22(A) and (C) or both items (A-5) and (C) of paragraph (3) of
23subsection (a) of Section 24-1.6 of the Criminal Code of 2012
24are present, a Class 3 felony violation of paragraph (1) of
25subsection (a) of Section 2 of the Firearm Owners
26Identification Card Act committed before the effective date of

HB4327- 341 -LRB103 34892 RLC 64759 b
1this amendatory Act of the 103rd General Assembly, or a
2violation of Section 10 of the Sex Offender Registration Act.
3(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
4 (Text of Section after amendment by P.A. 102-982)
5 Sec. 102-7.1. "Category A offense". "Category A offense"
6means a Class 1 felony, Class 2 felony, Class X felony, first
7degree murder, a violation of Section 11-204 of the Illinois
8Vehicle Code, a second or subsequent violation of Section
911-501 of the Illinois Vehicle Code, a violation of subsection
10(d) of Section 11-501 of the Illinois Vehicle Code, a
11violation of Section 11-401 of the Illinois Vehicle Code if
12the crash results in injury and the person failed to report the
13crash within 30 minutes, a violation of Section 9-3, 9-3.4,
1410-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25,
1512-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6,
1612-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3,
1725-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or
18subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code
19of 2012, a violation of paragraph (5) or (6) of subsection (b)
20of Section 10-9 of the Criminal Code of 2012, a violation of
21subsection (b) or (c) or paragraph (1) or (2) of subsection (a)
22of Section 11-1.50 of the Criminal Code of 2012, a violation of
23Section 12-7 of the Criminal Code of 2012 if the defendant
24inflicts bodily harm on the victim to obtain a confession,
25statement, or information, a violation of Section 12-7.5 of

HB4327- 342 -LRB103 34892 RLC 64759 b
1the Criminal Code of 2012 if the action results in bodily harm,
2a violation of paragraph (3) of subsection (b) of Section 17-2
3of the Criminal Code of 2012, a violation of subdivision
4(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a
5violation of paragraph (6) of subsection (a) of Section 24-1
6of the Criminal Code of 2012, a first violation of Section
724-1.6 of the Criminal Code of 2012 by a person 18 years of age
8or older where the factors listed in both items (A) and (C) or
9both items (A-5) and (C) of paragraph (3) of subsection (a) of
10Section 24-1.6 of the Criminal Code of 2012 are present, a
11Class 3 felony violation of paragraph (1) of subsection (a) of
12Section 2 of the Firearm Owners Identification Card Act
13committed before the effective date of this amendatory Act of
14the 103rd General Assembly, or a violation of Section 10 of the
15Sex Offender Registration Act.
16(Source: P.A. 102-982, eff. 7-1-23.)
17 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
18 Sec. 110-10. Conditions of pretrial release.
19 (a) If a person is released prior to conviction, the
20conditions of pretrial release shall be that he or she will:
21 (1) Appear to answer the charge in the court having
22 jurisdiction on a day certain and thereafter as ordered by
23 the court until discharged or final order of the court;
24 (2) Submit himself or herself to the orders and
25 process of the court;

HB4327- 343 -LRB103 34892 RLC 64759 b
1 (3) (Blank);
2 (4) Not violate any criminal statute of any
3 jurisdiction;
4 (5) At a time and place designated by the court,
5 surrender all firearms in his or her possession to a law
6 enforcement officer designated by the court to take
7 custody of and impound the firearms and physically
8 surrender his or her Firearm Owner's Identification Card
9 to the clerk of the circuit court when the offense the
10 person has been charged with is a forcible felony,
11 stalking, aggravated stalking, domestic battery, any
12 violation of the Illinois Controlled Substances Act, the
13 Methamphetamine Control and Community Protection Act, or
14 the Cannabis Control Act that is classified as a Class 2 or
15 greater felony, or any felony violation of Article 24 of
16 the Criminal Code of 1961 or the Criminal Code of 2012; the
17 court may, however, forgo the imposition of this condition
18 when the circumstances of the case clearly do not warrant
19 it or when its imposition would be impractical; if the
20 Firearm Owner's Identification Card is confiscated, the
21 clerk of the circuit court shall mail the confiscated card
22 to the Illinois State Police; all legally possessed
23 firearms shall be returned to the person upon the charges
24 being dismissed, or if the person is found not guilty,
25 unless the finding of not guilty is by reason of insanity;
26 and

HB4327- 344 -LRB103 34892 RLC 64759 b
1 (6) At a time and place designated by the court,
2 submit to a psychological evaluation when the person has
3 been charged with a violation of item (4) of subsection
4 (a) of Section 24-1 of the Criminal Code of 1961 or the
5 Criminal Code of 2012 and that violation occurred in a
6 school or in any conveyance owned, leased, or contracted
7 by a school to transport students to or from school or a
8 school-related activity, or on any public way within 1,000
9 feet of real property comprising any school.
10 Psychological evaluations ordered pursuant to this Section
11shall be completed promptly and made available to the State,
12the defendant, and the court. As a further condition of
13pretrial release under these circumstances, the court shall
14order the defendant to refrain from entering upon the property
15of the school, including any conveyance owned, leased, or
16contracted by a school to transport students to or from school
17or a school-related activity, or on any public way within
181,000 feet of real property comprising any school. Upon
19receipt of the psychological evaluation, either the State or
20the defendant may request a change in the conditions of
21pretrial release, pursuant to Section 110-6 of this Code. The
22court may change the conditions of pretrial release to include
23a requirement that the defendant follow the recommendations of
24the psychological evaluation, including undergoing psychiatric
25treatment. The conclusions of the psychological evaluation and
26any statements elicited from the defendant during its

HB4327- 345 -LRB103 34892 RLC 64759 b
1administration are not admissible as evidence of guilt during
2the course of any trial on the charged offense, unless the
3defendant places his or her mental competency in issue.
4 (b) Additional conditions of release shall be set only
5when it is determined that they are necessary to ensure the
6defendant's appearance in court, ensure the defendant does not
7commit any criminal offense, ensure the defendant complies
8with all conditions of pretrial release, prevent the
9defendant's unlawful interference with the orderly
10administration of justice, or ensure compliance with the rules
11and procedures of problem solving courts. However, conditions
12shall include the least restrictive means and be
13individualized. Conditions shall not mandate rehabilitative
14services unless directly tied to the risk of pretrial
15misconduct. Conditions of supervision shall not include
16punitive measures such as community service work or
17restitution. Conditions may include the following:
18 (0.05) Not depart this State without leave of the
19 court;
20 (1) Report to or appear in person before such person
21 or agency as the court may direct;
22 (2) Refrain from possessing a firearm or other
23 dangerous weapon;
24 (3) Refrain from approaching or communicating with
25 particular persons or classes of persons;
26 (4) Refrain from going to certain described geographic

HB4327- 346 -LRB103 34892 RLC 64759 b
1 areas or premises;
2 (5) Be placed under direct supervision of the Pretrial
3 Services Agency, Probation Department or Court Services
4 Department in a pretrial home supervision capacity with or
5 without the use of an approved electronic monitoring
6 device subject to Article 8A of Chapter V of the Unified
7 Code of Corrections;
8 (6) For persons charged with violating Section 11-501
9 of the Illinois Vehicle Code, refrain from operating a
10 motor vehicle not equipped with an ignition interlock
11 device, as defined in Section 1-129.1 of the Illinois
12 Vehicle Code, pursuant to the rules promulgated by the
13 Secretary of State for the installation of ignition
14 interlock devices. Under this condition the court may
15 allow a defendant who is not self-employed to operate a
16 vehicle owned by the defendant's employer that is not
17 equipped with an ignition interlock device in the course
18 and scope of the defendant's employment;
19 (7) Comply with the terms and conditions of an order
20 of protection issued by the court under the Illinois
21 Domestic Violence Act of 1986 or an order of protection
22 issued by the court of another state, tribe, or United
23 States territory;
24 (8) Sign a written admonishment requiring that he or
25 she comply with the provisions of Section 110-12 regarding
26 any change in his or her address. The defendant's address

HB4327- 347 -LRB103 34892 RLC 64759 b
1 shall at all times remain a matter of record with the clerk
2 of the court; and
3 (9) Such other reasonable conditions as the court may
4 impose, so long as these conditions are the least
5 restrictive means to achieve the goals listed in
6 subsection (b), are individualized, and are in accordance
7 with national best practices as detailed in the Pretrial
8 Supervision Standards of the Supreme Court.
9 The defendant shall receive verbal and written
10notification of conditions of pretrial release and future
11court dates, including the date, time, and location of court.
12 (c) When a person is charged with an offense under Section
1311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
15Criminal Code of 2012, involving a victim who is a minor under
1618 years of age living in the same household with the defendant
17at the time of the offense, in releasing the defendant, the
18judge shall impose conditions to restrict the defendant's
19access to the victim which may include, but are not limited to
20conditions that he will:
21 1. Vacate the household.
22 2. Make payment of temporary support to his
23 dependents.
24 3. Refrain from contact or communication with the
25 child victim, except as ordered by the court.
26 (d) When a person is charged with a criminal offense and

HB4327- 348 -LRB103 34892 RLC 64759 b
1the victim is a family or household member as defined in
2Article 112A, conditions shall be imposed at the time of the
3defendant's release that restrict the defendant's access to
4the victim. Unless provided otherwise by the court, the
5restrictions shall include requirements that the defendant do
6the following:
7 (1) refrain from contact or communication with the
8 victim for a minimum period of 72 hours following the
9 defendant's release; and
10 (2) refrain from entering or remaining at the victim's
11 residence for a minimum period of 72 hours following the
12 defendant's release.
13 (e) Local law enforcement agencies shall develop
14standardized pretrial release forms for use in cases involving
15family or household members as defined in Article 112A,
16including specific conditions of pretrial release as provided
17in subsection (d). Failure of any law enforcement department
18to develop or use those forms shall in no way limit the
19applicability and enforcement of subsections (d) and (f).
20 (f) If the defendant is released after conviction
21following appeal or other post-conviction proceeding, the
22conditions of the pretrial release shall be that he will, in
23addition to the conditions set forth in subsections (a) and
24(b) hereof:
25 (1) Duly prosecute his appeal;
26 (2) Appear at such time and place as the court may

HB4327- 349 -LRB103 34892 RLC 64759 b
1 direct;
2 (3) Not depart this State without leave of the court;
3 (4) Comply with such other reasonable conditions as
4 the court may impose; and
5 (5) If the judgment is affirmed or the cause reversed
6 and remanded for a new trial, forthwith surrender to the
7 officer from whose custody he was released.
8 (g) Upon a finding of guilty for any felony offense, the
9defendant shall physically surrender, at a time and place
10designated by the court, any and all firearms in his or her
11possession and his or her Firearm Owner's Identification Card
12as a condition of being released pending sentencing.
13(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23;
14102-1104, eff. 1-1-23.)
15 (725 ILCS 5/112A-5.5)
16 Sec. 112A-5.5. Time for filing petition; service on
17respondent, hearing on petition, and default orders.
18 (a) A petition for a protective order may be filed at any
19time, in person or online, after a criminal charge or
20delinquency petition is filed and before the charge or
21delinquency petition is dismissed, the defendant or juvenile
22is acquitted, or the defendant or juvenile completes service
23of his or her sentence.
24 (b) The request for an ex parte protective order may be
25considered without notice to the respondent under Section

HB4327- 350 -LRB103 34892 RLC 64759 b
1112A-17.5 of this Code.
2 (c) A summons shall be issued and served for a protective
3order. The summons may be served by delivery to the respondent
4personally in open court in the criminal or juvenile
5delinquency proceeding, in the form prescribed by subsection
6(d) of Supreme Court Rule 101, except that it shall require the
7respondent to answer or appear within 7 days. Attachments to
8the summons shall include the petition for protective order,
9supporting affidavits, if any, and any ex parte protective
10order that has been issued.
11 (d) The summons shall be served by the sheriff or other law
12enforcement officer at the earliest time available and shall
13take precedence over any other summons, except those of a
14similar emergency nature. Attachments to the summons shall
15include the petition for protective order, supporting
16affidavits, if any, and any ex parte protective order that has
17been issued. Special process servers may be appointed at any
18time and their designation shall not affect the
19responsibilities and authority of the sheriff or other
20official process servers. In a county with a population over
213,000,000, a special process server may not be appointed if
22the protective order grants the surrender of a child, the
23surrender of a firearm or Firearm Owner's Identification Card,
24or the exclusive possession of a shared residence.
25 (e) If the respondent is not served within 30 days of the
26filing of the petition, the court shall schedule a court

HB4327- 351 -LRB103 34892 RLC 64759 b
1proceeding on the issue of service. Either the petitioner, the
2petitioner's counsel, or the State's Attorney shall appear and
3the court shall either order continued attempts at personal
4service or shall order service by publication, in accordance
5with Sections 2-203, 2-206, and 2-207 of the Code of Civil
6Procedure.
7 (f) The request for a final protective order can be
8considered at any court proceeding in the delinquency or
9criminal case after service of the petition. If the petitioner
10has not been provided notice of the court proceeding at least
1110 days in advance of the proceeding, the court shall schedule
12a hearing on the petition and provide notice to the
13petitioner.
14 (f-5) A court in a county with a population above 250,000
15shall offer the option of a remote hearing to a petitioner for
16a protective order. The court has the discretion to grant or
17deny the request for a remote hearing. Each court shall
18determine the procedure for a remote hearing. The petitioner
19and respondent may appear remotely or in person.
20 The court shall issue and publish a court order, standing
21order, or local rule detailing information about the process
22for requesting and participating in a remote court appearance.
23The court order, standing order, or local rule shall be
24published on the court's website and posted on signs
25throughout the courthouse, including in the clerk's office.
26The sign shall be written in plain language and include

HB4327- 352 -LRB103 34892 RLC 64759 b
1information about the availability of remote court appearances
2and the process for requesting a remote hearing.
3 (g) Default orders.
4 (1) A final domestic violence order of protection may
5 be entered by default:
6 (A) for any of the remedies sought in the
7 petition, if the respondent has been served with
8 documents under subsection (b) or (c) of this Section
9 and if the respondent fails to appear on the specified
10 return date or any subsequent hearing date agreed to
11 by the petitioner and respondent or set by the court;
12 or
13 (B) for any of the remedies provided under
14 paragraph (1), (2), (3), (5), (6), (7), (8), (9),
15 (10), (11), (14), (15), (17), or (18) of subsection
16 (b) of Section 112A-14 of this Code, or if the
17 respondent fails to answer or appear in accordance
18 with the date set in the publication notice or the
19 return date indicated on the service of a household
20 member.
21 (2) A final civil no contact order may be entered by
22 default for any of the remedies provided in Section
23 112A-14.5 of this Code, if the respondent has been served
24 with documents under subsection (b) or (c) of this
25 Section, and if the respondent fails to answer or appear
26 in accordance with the date set in the publication notice

HB4327- 353 -LRB103 34892 RLC 64759 b
1 or the return date indicated on the service of a household
2 member.
3 (3) A final stalking no contact order may be entered
4 by default for any of the remedies provided by Section
5 112A-14.7 of this Code, if the respondent has been served
6 with documents under subsection (b) or (c) of this Section
7 and if the respondent fails to answer or appear in
8 accordance with the date set in the publication notice or
9 the return date indicated on the service of a household
10 member.
11(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)
12 (725 ILCS 5/112A-11.1)
13 Sec. 112A-11.1. Procedure for determining whether certain
14misdemeanor crimes are crimes of domestic violence for
15purposes of federal law.
16 (a) When a defendant has been charged with a violation of
17Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
18Criminal Code of 1961 or the Criminal Code of 2012, the State
19may, at arraignment or no later than 45 days after
20arraignment, for the purpose of notification to the Illinois
21State Police Firearm Owner's Identification Card Office, serve
22on the defendant and file with the court a notice alleging that
23conviction of the offense would subject the defendant to the
24prohibitions of 18 U.S.C. 922(g)(9) because of the
25relationship between the defendant and the alleged victim and

HB4327- 354 -LRB103 34892 RLC 64759 b
1the nature of the alleged offense.
2 (b) The notice shall include the name of the person
3alleged to be the victim of the crime and shall specify the
4nature of the alleged relationship as set forth in 18 U.S.C.
5921(a)(33)(A)(ii). It shall also specify the element of the
6charged offense which requires the use or attempted use of
7physical force, or the threatened use of a deadly weapon, as
8set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
9notice that the defendant is entitled to a hearing on the
10allegation contained in the notice and that if the allegation
11is sustained, that determination and conviction shall be
12reported to the Illinois State Police Firearm Owner's
13Identification Card Office.
14 (c) After having been notified as provided in subsection
15(b) of this Section, the defendant may stipulate or admit,
16orally on the record or in writing, that conviction of the
17offense would subject the defendant to the prohibitions of 18
18U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
19922(g)(9) shall be deemed established for purposes of Section
20112A-11.2. If the defendant denies the applicability of 18
21U.S.C. 922(g)(9) as alleged in the notice served by the State,
22or stands mute with respect to that allegation, then the State
23shall bear the burden to prove beyond a reasonable doubt that
24the offense is one to which the prohibitions of 18 U.S.C.
25922(g)(9) apply. The court may consider reliable hearsay
26evidence submitted by either party provided that it is

HB4327- 355 -LRB103 34892 RLC 64759 b
1relevant to the determination of the allegation. Facts
2previously proven at trial or elicited at the time of entry of
3a plea of guilty shall be deemed established beyond a
4reasonable doubt and shall not be relitigated. At the
5conclusion of the hearing, or upon a stipulation or admission,
6as applicable, the court shall make a specific written
7determination with respect to the allegation.
8(Source: P.A. 102-538, eff. 8-20-21.)
9 (725 ILCS 5/112A-11.2)
10 Sec. 112A-11.2. Notification to the Illinois State Police
11Firearm Owner's Identification Card Office of determinations
12in certain misdemeanor cases. Upon judgment of conviction of a
13violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
1412-3.5 of the Criminal Code of 1961 or the Criminal Code of
152012 when the defendant has been determined, under Section
16112A-11.1, to be subject to the prohibitions of 18 U.S.C.
17922(g)(9), the circuit court clerk shall include notification
18and a copy of the written determination in a report of the
19conviction to the Illinois State Police Firearm Owner's
20Identification Card Office to enable the office to report that
21determination to the Federal Bureau of Investigation and
22assist the Bureau in identifying persons prohibited from
23purchasing and possessing a firearm pursuant to the provisions
24of 18 U.S.C. 922.
25(Source: P.A. 102-538, eff. 8-20-21.)

HB4327- 356 -LRB103 34892 RLC 64759 b
1 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
2 Sec. 112A-14. Domestic violence order of protection;
3remedies.
4 (a) (Blank).
5 (b) The court may order any of the remedies listed in this
6subsection (b). The remedies listed in this subsection (b)
7shall be in addition to other civil or criminal remedies
8available to petitioner.
9 (1) Prohibition of abuse. Prohibit respondent's
10 harassment, interference with personal liberty,
11 intimidation of a dependent, physical abuse, or willful
12 deprivation, as defined in this Article, if such abuse has
13 occurred or otherwise appears likely to occur if not
14 prohibited.
15 (2) Grant of exclusive possession of residence.
16 Prohibit respondent from entering or remaining in any
17 residence, household, or premises of the petitioner,
18 including one owned or leased by respondent, if petitioner
19 has a right to occupancy thereof. The grant of exclusive
20 possession of the residence, household, or premises shall
21 not affect title to real property, nor shall the court be
22 limited by the standard set forth in subsection (c-2) of
23 Section 501 of the Illinois Marriage and Dissolution of
24 Marriage Act.
25 (A) Right to occupancy. A party has a right to

HB4327- 357 -LRB103 34892 RLC 64759 b
1 occupancy of a residence or household if it is solely
2 or jointly owned or leased by that party, that party's
3 spouse, a person with a legal duty to support that
4 party or a minor child in that party's care, or by any
5 person or entity other than the opposing party that
6 authorizes that party's occupancy (e.g., a domestic
7 violence shelter). Standards set forth in subparagraph
8 (B) shall not preclude equitable relief.
9 (B) Presumption of hardships. If petitioner and
10 respondent each has the right to occupancy of a
11 residence or household, the court shall balance (i)
12 the hardships to respondent and any minor child or
13 dependent adult in respondent's care resulting from
14 entry of this remedy with (ii) the hardships to
15 petitioner and any minor child or dependent adult in
16 petitioner's care resulting from continued exposure to
17 the risk of abuse (should petitioner remain at the
18 residence or household) or from loss of possession of
19 the residence or household (should petitioner leave to
20 avoid the risk of abuse). When determining the balance
21 of hardships, the court shall also take into account
22 the accessibility of the residence or household.
23 Hardships need not be balanced if respondent does not
24 have a right to occupancy.
25 The balance of hardships is presumed to favor
26 possession by petitioner unless the presumption is

HB4327- 358 -LRB103 34892 RLC 64759 b
1 rebutted by a preponderance of the evidence, showing
2 that the hardships to respondent substantially
3 outweigh the hardships to petitioner and any minor
4 child or dependent adult in petitioner's care. The
5 court, on the request of petitioner or on its own
6 motion, may order respondent to provide suitable,
7 accessible, alternate housing for petitioner instead
8 of excluding respondent from a mutual residence or
9 household.
10 (3) Stay away order and additional prohibitions. Order
11 respondent to stay away from petitioner or any other
12 person protected by the domestic violence order of
13 protection, or prohibit respondent from entering or
14 remaining present at petitioner's school, place of
15 employment, or other specified places at times when
16 petitioner is present, or both, if reasonable, given the
17 balance of hardships. Hardships need not be balanced for
18 the court to enter a stay away order or prohibit entry if
19 respondent has no right to enter the premises.
20 (A) If a domestic violence order of protection
21 grants petitioner exclusive possession of the
22 residence, prohibits respondent from entering the
23 residence, or orders respondent to stay away from
24 petitioner or other protected persons, then the court
25 may allow respondent access to the residence to remove
26 items of clothing and personal adornment used

HB4327- 359 -LRB103 34892 RLC 64759 b
1 exclusively by respondent, medications, and other
2 items as the court directs. The right to access shall
3 be exercised on only one occasion as the court directs
4 and in the presence of an agreed-upon adult third
5 party or law enforcement officer.
6 (B) When the petitioner and the respondent attend
7 the same public, private, or non-public elementary,
8 middle, or high school, the court when issuing a
9 domestic violence order of protection and providing
10 relief shall consider the severity of the act, any
11 continuing physical danger or emotional distress to
12 the petitioner, the educational rights guaranteed to
13 the petitioner and respondent under federal and State
14 law, the availability of a transfer of the respondent
15 to another school, a change of placement or a change of
16 program of the respondent, the expense, difficulty,
17 and educational disruption that would be caused by a
18 transfer of the respondent to another school, and any
19 other relevant facts of the case. The court may order
20 that the respondent not attend the public, private, or
21 non-public elementary, middle, or high school attended
22 by the petitioner, order that the respondent accept a
23 change of placement or change of program, as
24 determined by the school district or private or
25 non-public school, or place restrictions on the
26 respondent's movements within the school attended by

HB4327- 360 -LRB103 34892 RLC 64759 b
1 the petitioner. The respondent bears the burden of
2 proving by a preponderance of the evidence that a
3 transfer, change of placement, or change of program of
4 the respondent is not available. The respondent also
5 bears the burden of production with respect to the
6 expense, difficulty, and educational disruption that
7 would be caused by a transfer of the respondent to
8 another school. A transfer, change of placement, or
9 change of program is not unavailable to the respondent
10 solely on the ground that the respondent does not
11 agree with the school district's or private or
12 non-public school's transfer, change of placement, or
13 change of program or solely on the ground that the
14 respondent fails or refuses to consent or otherwise
15 does not take an action required to effectuate a
16 transfer, change of placement, or change of program.
17 When a court orders a respondent to stay away from the
18 public, private, or non-public school attended by the
19 petitioner and the respondent requests a transfer to
20 another attendance center within the respondent's
21 school district or private or non-public school, the
22 school district or private or non-public school shall
23 have sole discretion to determine the attendance
24 center to which the respondent is transferred. If the
25 court order results in a transfer of the minor
26 respondent to another attendance center, a change in

HB4327- 361 -LRB103 34892 RLC 64759 b
1 the respondent's placement, or a change of the
2 respondent's program, the parents, guardian, or legal
3 custodian of the respondent is responsible for
4 transportation and other costs associated with the
5 transfer or change.
6 (C) The court may order the parents, guardian, or
7 legal custodian of a minor respondent to take certain
8 actions or to refrain from taking certain actions to
9 ensure that the respondent complies with the order. If
10 the court orders a transfer of the respondent to
11 another school, the parents, guardian, or legal
12 custodian of the respondent is responsible for
13 transportation and other costs associated with the
14 change of school by the respondent.
15 (4) Counseling. Require or recommend the respondent to
16 undergo counseling for a specified duration with a social
17 worker, psychologist, clinical psychologist,
18 psychiatrist, family service agency, alcohol or substance
19 abuse program, mental health center guidance counselor,
20 agency providing services to elders, program designed for
21 domestic violence abusers, or any other guidance service
22 the court deems appropriate. The court may order the
23 respondent in any intimate partner relationship to report
24 to an Illinois Department of Human Services protocol
25 approved partner abuse intervention program for an
26 assessment and to follow all recommended treatment.

HB4327- 362 -LRB103 34892 RLC 64759 b
1 (5) Physical care and possession of the minor child.
2 In order to protect the minor child from abuse, neglect,
3 or unwarranted separation from the person who has been the
4 minor child's primary caretaker, or to otherwise protect
5 the well-being of the minor child, the court may do either
6 or both of the following: (i) grant petitioner physical
7 care or possession of the minor child, or both, or (ii)
8 order respondent to return a minor child to, or not remove
9 a minor child from, the physical care of a parent or person
10 in loco parentis.
11 If the respondent is charged with abuse (as defined in
12 Section 112A-3 of this Code) of a minor child, there shall
13 be a rebuttable presumption that awarding physical care to
14 respondent would not be in the minor child's best
15 interest.
16 (6) Temporary allocation of parental responsibilities
17 and significant decision-making responsibilities. Award
18 temporary significant decision-making responsibility to
19 petitioner in accordance with this Section, the Illinois
20 Marriage and Dissolution of Marriage Act, the Illinois
21 Parentage Act of 2015, and this State's Uniform
22 Child-Custody Jurisdiction and Enforcement Act.
23 If the respondent is charged with abuse (as defined in
24 Section 112A-3 of this Code) of a minor child, there shall
25 be a rebuttable presumption that awarding temporary
26 significant decision-making responsibility to respondent

HB4327- 363 -LRB103 34892 RLC 64759 b
1 would not be in the child's best interest.
2 (7) Parenting time. Determine the parenting time, if
3 any, of respondent in any case in which the court awards
4 physical care or temporary significant decision-making
5 responsibility of a minor child to petitioner. The court
6 shall restrict or deny respondent's parenting time with a
7 minor child if the court finds that respondent has done or
8 is likely to do any of the following:
9 (i) abuse or endanger the minor child during
10 parenting time;
11 (ii) use the parenting time as an opportunity to
12 abuse or harass petitioner or petitioner's family or
13 household members;
14 (iii) improperly conceal or detain the minor
15 child; or
16 (iv) otherwise act in a manner that is not in the
17 best interests of the minor child.
18 The court shall not be limited by the standards set
19 forth in Section 603.10 of the Illinois Marriage and
20 Dissolution of Marriage Act. If the court grants parenting
21 time, the order shall specify dates and times for the
22 parenting time to take place or other specific parameters
23 or conditions that are appropriate. No order for parenting
24 time shall refer merely to the term "reasonable parenting
25 time". Petitioner may deny respondent access to the minor
26 child if, when respondent arrives for parenting time,

HB4327- 364 -LRB103 34892 RLC 64759 b
1 respondent is under the influence of drugs or alcohol and
2 constitutes a threat to the safety and well-being of
3 petitioner or petitioner's minor children or is behaving
4 in a violent or abusive manner. If necessary to protect
5 any member of petitioner's family or household from future
6 abuse, respondent shall be prohibited from coming to
7 petitioner's residence to meet the minor child for
8 parenting time, and the petitioner and respondent shall
9 submit to the court their recommendations for reasonable
10 alternative arrangements for parenting time. A person may
11 be approved to supervise parenting time only after filing
12 an affidavit accepting that responsibility and
13 acknowledging accountability to the court.
14 (8) Removal or concealment of minor child. Prohibit
15 respondent from removing a minor child from the State or
16 concealing the child within the State.
17 (9) Order to appear. Order the respondent to appear in
18 court, alone or with a minor child, to prevent abuse,
19 neglect, removal or concealment of the child, to return
20 the child to the custody or care of the petitioner, or to
21 permit any court-ordered interview or examination of the
22 child or the respondent.
23 (10) Possession of personal property. Grant petitioner
24 exclusive possession of personal property and, if
25 respondent has possession or control, direct respondent to
26 promptly make it available to petitioner, if:

HB4327- 365 -LRB103 34892 RLC 64759 b
1 (i) petitioner, but not respondent, owns the
2 property; or
3 (ii) the petitioner and respondent own the
4 property jointly; sharing it would risk abuse of
5 petitioner by respondent or is impracticable; and the
6 balance of hardships favors temporary possession by
7 petitioner.
8 If petitioner's sole claim to ownership of the
9 property is that it is marital property, the court may
10 award petitioner temporary possession thereof under the
11 standards of subparagraph (ii) of this paragraph only if a
12 proper proceeding has been filed under the Illinois
13 Marriage and Dissolution of Marriage Act, as now or
14 hereafter amended.
15 No order under this provision shall affect title to
16 property.
17 (11) Protection of property. Forbid the respondent
18 from taking, transferring, encumbering, concealing,
19 damaging, or otherwise disposing of any real or personal
20 property, except as explicitly authorized by the court,
21 if:
22 (i) petitioner, but not respondent, owns the
23 property; or
24 (ii) the petitioner and respondent own the
25 property jointly, and the balance of hardships favors
26 granting this remedy.

HB4327- 366 -LRB103 34892 RLC 64759 b
1 If petitioner's sole claim to ownership of the
2 property is that it is marital property, the court may
3 grant petitioner relief under subparagraph (ii) of this
4 paragraph only if a proper proceeding has been filed under
5 the Illinois Marriage and Dissolution of Marriage Act, as
6 now or hereafter amended.
7 The court may further prohibit respondent from
8 improperly using the financial or other resources of an
9 aged member of the family or household for the profit or
10 advantage of respondent or of any other person.
11 (11.5) Protection of animals. Grant the petitioner the
12 exclusive care, custody, or control of any animal owned,
13 possessed, leased, kept, or held by either the petitioner
14 or the respondent or a minor child residing in the
15 residence or household of either the petitioner or the
16 respondent and order the respondent to stay away from the
17 animal and forbid the respondent from taking,
18 transferring, encumbering, concealing, harming, or
19 otherwise disposing of the animal.
20 (12) Order for payment of support. Order respondent to
21 pay temporary support for the petitioner or any child in
22 the petitioner's care or over whom the petitioner has been
23 allocated parental responsibility, when the respondent has
24 a legal obligation to support that person, in accordance
25 with the Illinois Marriage and Dissolution of Marriage
26 Act, which shall govern, among other matters, the amount

HB4327- 367 -LRB103 34892 RLC 64759 b
1 of support, payment through the clerk and withholding of
2 income to secure payment. An order for child support may
3 be granted to a petitioner with lawful physical care of a
4 child, or an order or agreement for physical care of a
5 child, prior to entry of an order allocating significant
6 decision-making responsibility. Such a support order shall
7 expire upon entry of a valid order allocating parental
8 responsibility differently and vacating petitioner's
9 significant decision-making responsibility unless
10 otherwise provided in the order.
11 (13) Order for payment of losses. Order respondent to
12 pay petitioner for losses suffered as a direct result of
13 the abuse. Such losses shall include, but not be limited
14 to, medical expenses, lost earnings or other support,
15 repair or replacement of property damaged or taken,
16 reasonable attorney's fees, court costs, and moving or
17 other travel expenses, including additional reasonable
18 expenses for temporary shelter and restaurant meals.
19 (i) Losses affecting family needs. If a party is
20 entitled to seek maintenance, child support, or
21 property distribution from the other party under the
22 Illinois Marriage and Dissolution of Marriage Act, as
23 now or hereafter amended, the court may order
24 respondent to reimburse petitioner's actual losses, to
25 the extent that such reimbursement would be
26 "appropriate temporary relief", as authorized by

HB4327- 368 -LRB103 34892 RLC 64759 b
1 subsection (a)(3) of Section 501 of that Act.
2 (ii) Recovery of expenses. In the case of an
3 improper concealment or removal of a minor child, the
4 court may order respondent to pay the reasonable
5 expenses incurred or to be incurred in the search for
6 and recovery of the minor child, including, but not
7 limited to, legal fees, court costs, private
8 investigator fees, and travel costs.
9 (14) Prohibition of entry. Prohibit the respondent
10 from entering or remaining in the residence or household
11 while the respondent is under the influence of alcohol or
12 drugs and constitutes a threat to the safety and
13 well-being of the petitioner or the petitioner's children.
14 (14.5) Prohibition of firearm possession.
15 (A) A person who is subject to an existing
16 domestic violence order of protection issued under
17 this Code may not lawfully possess firearms, stun
18 guns, or tasers weapons or a Firearm Owner's
19 Identification Card under Section 8.2 of the Firearm
20 Owners Identification Card Act.
21 (B) Any firearms in the possession of the
22 respondent, except as provided in subparagraph (C) of
23 this paragraph (14.5), shall be ordered by the court
24 to be turned over to a person who is not prohibited
25 under State or federal law from possessing firearms
26 with a valid Firearm Owner's Identification Card for

HB4327- 369 -LRB103 34892 RLC 64759 b
1 safekeeping. The court shall issue an order that the
2 respondent comply with Section 9.5 of the Firearm
3 Owners Identification Card Act.
4 (C) If the respondent is a peace officer as
5 defined in Section 2-13 of the Criminal Code of 2012,
6 the court shall order that any firearms used by the
7 respondent in the performance of his or her duties as a
8 peace officer be surrendered to the chief law
9 enforcement executive of the agency in which the
10 respondent is employed, who shall retain the firearms
11 for safekeeping for the duration of the domestic
12 violence order of protection.
13 (D) Upon expiration of the period of safekeeping,
14 if the firearms or Firearm Owner's Identification Card
15 cannot be returned to respondent because respondent
16 cannot be located, fails to respond to requests to
17 retrieve the firearms, or is not lawfully eligible to
18 possess a firearm, upon petition from the local law
19 enforcement agency, the court may order the local law
20 enforcement agency to destroy the firearms, use the
21 firearms for training purposes, or for any other
22 application as deemed appropriate by the local law
23 enforcement agency; or that the firearms be turned
24 over to a third party who is lawfully eligible to
25 possess firearms, and who does not reside with
26 respondent.

HB4327- 370 -LRB103 34892 RLC 64759 b
1 (15) Prohibition of access to records. If a domestic
2 violence order of protection prohibits respondent from
3 having contact with the minor child, or if petitioner's
4 address is omitted under subsection (b) of Section 112A-5
5 of this Code, or if necessary to prevent abuse or wrongful
6 removal or concealment of a minor child, the order shall
7 deny respondent access to, and prohibit respondent from
8 inspecting, obtaining, or attempting to inspect or obtain,
9 school or any other records of the minor child who is in
10 the care of petitioner.
11 (16) Order for payment of shelter services. Order
12 respondent to reimburse a shelter providing temporary
13 housing and counseling services to the petitioner for the
14 cost of the services, as certified by the shelter and
15 deemed reasonable by the court.
16 (17) Order for injunctive relief. Enter injunctive
17 relief necessary or appropriate to prevent further abuse
18 of a family or household member or to effectuate one of the
19 granted remedies, if supported by the balance of
20 hardships. If the harm to be prevented by the injunction
21 is abuse or any other harm that one of the remedies listed
22 in paragraphs (1) through (16) of this subsection is
23 designed to prevent, no further evidence is necessary to
24 establish that the harm is an irreparable injury.
25 (18) Telephone services.
26 (A) Unless a condition described in subparagraph

HB4327- 371 -LRB103 34892 RLC 64759 b
1 (B) of this paragraph exists, the court may, upon
2 request by the petitioner, order a wireless telephone
3 service provider to transfer to the petitioner the
4 right to continue to use a telephone number or numbers
5 indicated by the petitioner and the financial
6 responsibility associated with the number or numbers,
7 as set forth in subparagraph (C) of this paragraph. In
8 this paragraph (18), the term "wireless telephone
9 service provider" means a provider of commercial
10 mobile service as defined in 47 U.S.C. 332. The
11 petitioner may request the transfer of each telephone
12 number that the petitioner, or a minor child in his or
13 her custody, uses. The clerk of the court shall serve
14 the order on the wireless telephone service provider's
15 agent for service of process provided to the Illinois
16 Commerce Commission. The order shall contain all of
17 the following:
18 (i) The name and billing telephone number of
19 the account holder including the name of the
20 wireless telephone service provider that serves
21 the account.
22 (ii) Each telephone number that will be
23 transferred.
24 (iii) A statement that the provider transfers
25 to the petitioner all financial responsibility for
26 and right to the use of any telephone number

HB4327- 372 -LRB103 34892 RLC 64759 b
1 transferred under this paragraph.
2 (B) A wireless telephone service provider shall
3 terminate the respondent's use of, and shall transfer
4 to the petitioner use of, the telephone number or
5 numbers indicated in subparagraph (A) of this
6 paragraph unless it notifies the petitioner, within 72
7 hours after it receives the order, that one of the
8 following applies:
9 (i) The account holder named in the order has
10 terminated the account.
11 (ii) A difference in network technology would
12 prevent or impair the functionality of a device on
13 a network if the transfer occurs.
14 (iii) The transfer would cause a geographic or
15 other limitation on network or service provision
16 to the petitioner.
17 (iv) Another technological or operational
18 issue would prevent or impair the use of the
19 telephone number if the transfer occurs.
20 (C) The petitioner assumes all financial
21 responsibility for and right to the use of any
22 telephone number transferred under this paragraph. In
23 this paragraph, "financial responsibility" includes
24 monthly service costs and costs associated with any
25 mobile device associated with the number.
26 (D) A wireless telephone service provider may

HB4327- 373 -LRB103 34892 RLC 64759 b
1 apply to the petitioner its routine and customary
2 requirements for establishing an account or
3 transferring a number, including requiring the
4 petitioner to provide proof of identification,
5 financial information, and customer preferences.
6 (E) Except for willful or wanton misconduct, a
7 wireless telephone service provider is immune from
8 civil liability for its actions taken in compliance
9 with a court order issued under this paragraph.
10 (F) All wireless service providers that provide
11 services to residential customers shall provide to the
12 Illinois Commerce Commission the name and address of
13 an agent for service of orders entered under this
14 paragraph (18). Any change in status of the registered
15 agent must be reported to the Illinois Commerce
16 Commission within 30 days of such change.
17 (G) The Illinois Commerce Commission shall
18 maintain the list of registered agents for service for
19 each wireless telephone service provider on the
20 Commission's website. The Commission may consult with
21 wireless telephone service providers and the Circuit
22 Court Clerks on the manner in which this information
23 is provided and displayed.
24 (c) Relevant factors; findings.
25 (1) In determining whether to grant a specific remedy,
26 other than payment of support, the court shall consider

HB4327- 374 -LRB103 34892 RLC 64759 b
1 relevant factors, including, but not limited to, the
2 following:
3 (i) the nature, frequency, severity, pattern, and
4 consequences of the respondent's past abuse of the
5 petitioner or any family or household member,
6 including the concealment of his or her location in
7 order to evade service of process or notice, and the
8 likelihood of danger of future abuse to petitioner or
9 any member of petitioner's or respondent's family or
10 household; and
11 (ii) the danger that any minor child will be
12 abused or neglected or improperly relocated from the
13 jurisdiction, improperly concealed within the State,
14 or improperly separated from the child's primary
15 caretaker.
16 (2) In comparing relative hardships resulting to the
17 parties from loss of possession of the family home, the
18 court shall consider relevant factors, including, but not
19 limited to, the following:
20 (i) availability, accessibility, cost, safety,
21 adequacy, location, and other characteristics of
22 alternate housing for each party and any minor child
23 or dependent adult in the party's care;
24 (ii) the effect on the party's employment; and
25 (iii) the effect on the relationship of the party,
26 and any minor child or dependent adult in the party's

HB4327- 375 -LRB103 34892 RLC 64759 b
1 care, to family, school, church, and community.
2 (3) Subject to the exceptions set forth in paragraph
3 (4) of this subsection (c), the court shall make its
4 findings in an official record or in writing, and shall at
5 a minimum set forth the following:
6 (i) That the court has considered the applicable
7 relevant factors described in paragraphs (1) and (2)
8 of this subsection (c).
9 (ii) Whether the conduct or actions of respondent,
10 unless prohibited, will likely cause irreparable harm
11 or continued abuse.
12 (iii) Whether it is necessary to grant the
13 requested relief in order to protect petitioner or
14 other alleged abused persons.
15 (4) (Blank).
16 (5) Never married parties. No rights or
17 responsibilities for a minor child born outside of
18 marriage attach to a putative father until a father and
19 child relationship has been established under the Illinois
20 Parentage Act of 1984, the Illinois Parentage Act of 2015,
21 the Illinois Public Aid Code, Section 12 of the Vital
22 Records Act, the Juvenile Court Act of 1987, the Probate
23 Act of 1975, the Uniform Interstate Family Support Act,
24 the Expedited Child Support Act of 1990, any judicial,
25 administrative, or other act of another state or
26 territory, any other statute of this State, or by any

HB4327- 376 -LRB103 34892 RLC 64759 b
1 foreign nation establishing the father and child
2 relationship, any other proceeding substantially in
3 conformity with the federal Personal Responsibility and
4 Work Opportunity Reconciliation Act of 1996, or when both
5 parties appeared in open court or at an administrative
6 hearing acknowledging under oath or admitting by
7 affirmation the existence of a father and child
8 relationship. Absent such an adjudication, no putative
9 father shall be granted temporary allocation of parental
10 responsibilities, including parenting time with the minor
11 child, or physical care and possession of the minor child,
12 nor shall an order of payment for support of the minor
13 child be entered.
14 (d) Balance of hardships; findings. If the court finds
15that the balance of hardships does not support the granting of
16a remedy governed by paragraph (2), (3), (10), (11), or (16) of
17subsection (b) of this Section, which may require such
18balancing, the court's findings shall so indicate and shall
19include a finding as to whether granting the remedy will
20result in hardship to respondent that would substantially
21outweigh the hardship to petitioner from denial of the remedy.
22The findings shall be an official record or in writing.
23 (e) Denial of remedies. Denial of any remedy shall not be
24based, in whole or in part, on evidence that:
25 (1) respondent has cause for any use of force, unless
26 that cause satisfies the standards for justifiable use of

HB4327- 377 -LRB103 34892 RLC 64759 b
1 force provided by Article 7 of the Criminal Code of 2012;
2 (2) respondent was voluntarily intoxicated;
3 (3) petitioner acted in self-defense or defense of
4 another, provided that, if petitioner utilized force, such
5 force was justifiable under Article 7 of the Criminal Code
6 of 2012;
7 (4) petitioner did not act in self-defense or defense
8 of another;
9 (5) petitioner left the residence or household to
10 avoid further abuse by respondent;
11 (6) petitioner did not leave the residence or
12 household to avoid further abuse by respondent; or
13 (7) conduct by any family or household member excused
14 the abuse by respondent, unless that same conduct would
15 have excused such abuse if the parties had not been family
16 or household members.
17(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
18102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
19 (725 ILCS 5/112A-14.7)
20 Sec. 112A-14.7. Stalking no contact order; remedies.
21 (a) The court may order any of the remedies listed in this
22Section. The remedies listed in this Section shall be in
23addition to other civil or criminal remedies available to
24petitioner. A stalking no contact order shall order one or
25more of the following:

HB4327- 378 -LRB103 34892 RLC 64759 b
1 (1) prohibit the respondent from threatening to commit
2 or committing stalking;
3 (2) order the respondent not to have any contact with
4 the petitioner or a third person specifically named by the
5 court;
6 (3) prohibit the respondent from knowingly coming
7 within, or knowingly remaining within a specified distance
8 of the petitioner or the petitioner's residence, school,
9 daycare, or place of employment, or any specified place
10 frequented by the petitioner; however, the court may order
11 the respondent to stay away from the respondent's own
12 residence, school, or place of employment only if the
13 respondent has been provided actual notice of the
14 opportunity to appear and be heard on the petition;
15 (4) prohibit the respondent from possessing a Firearm
16 Owners Identification Card, or possessing or buying
17 firearms; and
18 (5) order other injunctive relief the court determines
19 to be necessary to protect the petitioner or third party
20 specifically named by the court.
21 (b) When the petitioner and the respondent attend the same
22public, private, or non-public elementary, middle, or high
23school, the court when issuing a stalking no contact order and
24providing relief shall consider the severity of the act, any
25continuing physical danger or emotional distress to the
26petitioner, the educational rights guaranteed to the

HB4327- 379 -LRB103 34892 RLC 64759 b
1petitioner and respondent under federal and State law, the
2availability of a transfer of the respondent to another
3school, a change of placement or a change of program of the
4respondent, the expense, difficulty, and educational
5disruption that would be caused by a transfer of the
6respondent to another school, and any other relevant facts of
7the case. The court may order that the respondent not attend
8the public, private, or non-public elementary, middle, or high
9school attended by the petitioner, order that the respondent
10accept a change of placement or program, as determined by the
11school district or private or non-public school, or place
12restrictions on the respondent's movements within the school
13attended by the petitioner. The respondent bears the burden of
14proving by a preponderance of the evidence that a transfer,
15change of placement, or change of program of the respondent is
16not available. The respondent also bears the burden of
17production with respect to the expense, difficulty, and
18educational disruption that would be caused by a transfer of
19the respondent to another school. A transfer, change of
20placement, or change of program is not unavailable to the
21respondent solely on the ground that the respondent does not
22agree with the school district's or private or non-public
23school's transfer, change of placement, or change of program
24or solely on the ground that the respondent fails or refuses to
25consent to or otherwise does not take an action required to
26effectuate a transfer, change of placement, or change of

HB4327- 380 -LRB103 34892 RLC 64759 b
1program. When a court orders a respondent to stay away from the
2public, private, or non-public school attended by the
3petitioner and the respondent requests a transfer to another
4attendance center within the respondent's school district or
5private or non-public school, the school district or private
6or non-public school shall have sole discretion to determine
7the attendance center to which the respondent is transferred.
8If the court order results in a transfer of the minor
9respondent to another attendance center, a change in the
10respondent's placement, or a change of the respondent's
11program, the parents, guardian, or legal custodian of the
12respondent is responsible for transportation and other costs
13associated with the transfer or change.
14 (c) The court may order the parents, guardian, or legal
15custodian of a minor respondent to take certain actions or to
16refrain from taking certain actions to ensure that the
17respondent complies with the order. If the court orders a
18transfer of the respondent to another school, the parents,
19guardian, or legal custodian of the respondent are responsible
20for transportation and other costs associated with the change
21of school by the respondent.
22 (d) The court shall not hold a school district or private
23or non-public school or any of its employees in civil or
24criminal contempt unless the school district or private or
25non-public school has been allowed to intervene.
26 (e) The court may hold the parents, guardian, or legal

HB4327- 381 -LRB103 34892 RLC 64759 b
1custodian of a minor respondent in civil or criminal contempt
2for a violation of any provision of any order entered under
3this Article for conduct of the minor respondent in violation
4of this Article if the parents, guardian, or legal custodian
5directed, encouraged, or assisted the respondent minor in the
6conduct.
7 (f) Monetary damages are not recoverable as a remedy.
8 (g) If the stalking no contact order prohibits the
9respondent from possessing a Firearm Owner's Identification
10Card, or possessing or buying firearms; the court shall
11confiscate the respondent's firearms and firearm ammunition
12Firearm Owner's Identification Card and immediately return the
13card to the Illinois State Police Firearm Owner's
14Identification Card Office.
15(Source: P.A. 102-538, eff. 8-20-21.)
16 (725 ILCS 5/112A-17.5)
17 Sec. 112A-17.5. Ex parte protective orders.
18 (a) The petitioner may request expedited consideration of
19the petition for an ex parte protective order. The court shall
20consider the request on an expedited basis without requiring
21the respondent's presence or requiring notice to the
22respondent.
23 (b) Issuance of ex parte protective orders in cases
24involving domestic violence. An ex parte domestic violence
25order of protection shall be issued if petitioner satisfies

HB4327- 382 -LRB103 34892 RLC 64759 b
1the requirements of this subsection (b) for one or more of the
2requested remedies. For each remedy requested, petitioner
3shall establish that:
4 (1) the court has jurisdiction under Section 112A-9 of
5 this Code;
6 (2) the requirements of subsection (a) of Section
7 112A-11.5 of this Code are satisfied; and
8 (3) there is good cause to grant the remedy,
9 regardless of prior service of process or notice upon the
10 respondent, because:
11 (A) for the remedy of prohibition of abuse
12 described in paragraph (1) of subsection (b) of
13 Section 112A-14 of this Code; stay away order and
14 additional prohibitions described in paragraph (3) of
15 subsection (b) of Section 112A-14 of this Code;
16 removal or concealment of minor child described in
17 paragraph (8) of subsection (b) of Section 112A-14 of
18 this Code; order to appear described in paragraph (9)
19 of subsection (b) of Section 112A-14 of this Code;
20 physical care and possession of the minor child
21 described in paragraph (5) of subsection (b) of
22 Section 112A-14 of this Code; protection of property
23 described in paragraph (11) of subsection (b) of
24 Section 112A-14 of this Code; prohibition of entry
25 described in paragraph (14) of subsection (b) of
26 Section 112A-14 of this Code; prohibition of firearm

HB4327- 383 -LRB103 34892 RLC 64759 b
1 possession described in paragraph (14.5) of subsection
2 (b) of Section 112A-14 of this Code; prohibition of
3 access to records described in paragraph (15) of
4 subsection (b) of Section 112A-14 of this Code;
5 injunctive relief described in paragraph (16) of
6 subsection (b) of Section 112A-14 of this Code; and
7 telephone services described in paragraph (18) of
8 subsection (b) of Section 112A-14 of this Code, the
9 harm which that remedy is intended to prevent would be
10 likely to occur if the respondent were given any prior
11 notice, or greater notice than was actually given, of
12 the petitioner's efforts to obtain judicial relief;
13 (B) for the remedy of grant of exclusive
14 possession of residence described in paragraph (2) of
15 subsection (b) of Section 112A-14 of this Code; the
16 immediate danger of further abuse of the petitioner by
17 the respondent, if the petitioner chooses or had
18 chosen to remain in the residence or household while
19 the respondent was given any prior notice or greater
20 notice than was actually given of the petitioner's
21 efforts to obtain judicial relief outweighs the
22 hardships to the respondent of an emergency order
23 granting the petitioner exclusive possession of the
24 residence or household; and the remedy shall not be
25 denied because the petitioner has or could obtain
26 temporary shelter elsewhere while prior notice is

HB4327- 384 -LRB103 34892 RLC 64759 b
1 given to the respondent, unless the hardship to the
2 respondent from exclusion from the home substantially
3 outweigh the hardship to the petitioner; or
4 (C) for the remedy of possession of personal
5 property described in paragraph (10) of subsection (b)
6 of Section 112A-14 of this Code; improper disposition
7 of the personal property would be likely to occur if
8 the respondent were given any prior notice, or greater
9 notice than was actually given, of the petitioner's
10 efforts to obtain judicial relief or the petitioner
11 has an immediate and pressing need for the possession
12 of that property.
13 An ex parte domestic violence order of protection may not
14include the counseling, custody, or payment of support or
15monetary compensation remedies provided by paragraphs (4),
16(12), (13), and (16) of subsection (b) of Section 112A-14 of
17this Code.
18 (c) Issuance of ex parte civil no contact order in cases
19involving sexual offenses. An ex parte civil no contact order
20shall be issued if the petitioner establishes that:
21 (1) the court has jurisdiction under Section 112A-9 of
22 this Code;
23 (2) the requirements of subsection (a) of Section
24 112A-11.5 of this Code are satisfied; and
25 (3) there is good cause to grant the remedy,
26 regardless of prior service of process or of notice upon

HB4327- 385 -LRB103 34892 RLC 64759 b
1 the respondent, because the harm which that remedy is
2 intended to prevent would be likely to occur if the
3 respondent were given any prior notice, or greater notice
4 than was actually given, of the petitioner's efforts to
5 obtain judicial relief.
6 The court may order any of the remedies under Section
7112A-14.5 of this Code.
8 (d) Issuance of ex parte stalking no contact order in
9cases involving stalking offenses. An ex parte stalking no
10contact order shall be issued if the petitioner establishes
11that:
12 (1) the court has jurisdiction under Section 112A-9 of
13 this Code;
14 (2) the requirements of subsection (a) of Section
15 112A-11.5 of this Code are satisfied; and
16 (3) there is good cause to grant the remedy,
17 regardless of prior service of process or of notice upon
18 the respondent, because the harm which that remedy is
19 intended to prevent would be likely to occur if the
20 respondent were given any prior notice, or greater notice
21 than was actually given, of the petitioner's efforts to
22 obtain judicial relief.
23 The court may order any of the remedies under Section
24112A-14.7 of this Code.
25 (e) Issuance of ex parte protective orders on court
26holidays and evenings.

HB4327- 386 -LRB103 34892 RLC 64759 b
1 When the court is unavailable at the close of business,
2the petitioner may file a petition for an ex parte protective
3order before any available circuit judge or associate judge
4who may grant relief under this Article. If the judge finds
5that petitioner has satisfied the prerequisites in subsection
6(b), (c), or (d) of this Section, the judge shall issue an ex
7parte protective order.
8 The chief judge of the circuit court may designate for
9each county in the circuit at least one judge to be reasonably
10available to issue orally, by telephone, by facsimile, or
11otherwise, an ex parte protective order at all times, whether
12or not the court is in session.
13 The judge who issued the order under this Section shall
14promptly communicate or convey the order to the sheriff to
15facilitate the entry of the order into the Law Enforcement
16Agencies Data System by the Illinois State Police under
17Section 112A-28 of this Code. Any order issued under this
18Section and any documentation in support of it shall be
19certified on the next court day to the appropriate court. The
20clerk of that court shall immediately assign a case number,
21file the petition, order, and other documents with the court
22and enter the order of record and file it with the sheriff for
23service under subsection (f) of this Section. Failure to
24comply with the requirements of this subsection (e) shall not
25affect the validity of the order.
26 (f) Service of ex parte protective order on respondent.

HB4327- 387 -LRB103 34892 RLC 64759 b
1 (1) If an ex parte protective order is entered at the
2 time a summons or arrest warrant is issued for the
3 criminal charge, the petition for the protective order,
4 any supporting affidavits, if any, and the ex parte
5 protective order that has been issued shall be served with
6 the summons or arrest warrant. The enforcement of a
7 protective order under Section 112A-23 of this Code shall
8 not be affected by the lack of service or delivery,
9 provided the requirements of subsection (a) of Section
10 112A-23 of this Code are otherwise met.
11 (2) If an ex parte protective order is entered after a
12 summons or arrest warrant is issued and before the
13 respondent makes an initial appearance in the criminal
14 case, the summons shall be in the form prescribed by
15 subsection (d) of Supreme Court Rule 101, except that it
16 shall require respondent to answer or appear within 7 days
17 and shall be accompanied by the petition for the
18 protective order, any supporting affidavits, if any, and
19 the ex parte protective order that has been issued.
20 (3) If an ex parte protective order is entered after
21 the respondent has been served notice of a petition for a
22 final protective order and the respondent has requested a
23 continuance to respond to the petition, the ex parte
24 protective order shall be served: (A) in open court if the
25 respondent is present at the proceeding at which the order
26 was entered; or (B) by summons in the form prescribed by

HB4327- 388 -LRB103 34892 RLC 64759 b
1 subsection (d) of Supreme Court Rule 101.
2 (4) No fee shall be charged for service of summons.
3 (5) The summons shall be served by the sheriff or
4 other law enforcement officer at the earliest time and
5 shall take precedence over other summonses except those of
6 a similar emergency nature. Special process servers may be
7 appointed at any time, and their designation shall not
8 affect the responsibilities and authority of the sheriff
9 or other official process servers. In a county with a
10 population over 3,000,000, a special process server may
11 not be appointed if an ex parte protective order grants
12 the surrender of a child, the surrender of a firearm or
13 Firearm Owner's Identification Card, or the exclusive
14 possession of a shared residence. Process may be served in
15 court.
16 (g) Upon 7 days' notice to the petitioner, or a shorter
17notice period as the court may prescribe, a respondent subject
18to an ex parte protective order may appear and petition the
19court to re-hear the petition. Any petition to re-hear shall
20be verified and shall allege the following:
21 (1) that respondent did not receive prior notice of
22 the initial hearing in which the ex parte protective order
23 was entered under Section 112A-17.5 of this Code; and
24 (2) that respondent had a meritorious defense to the
25 order or any of its remedies or that the order or any of
26 its remedies was not authorized under this Article.

HB4327- 389 -LRB103 34892 RLC 64759 b
1 The verified petition and affidavit shall set forth the
2evidence of the meritorious defense that will be presented at
3a hearing. If the court finds that the evidence presented at
4the hearing on the petition establishes a meritorious defense
5by a preponderance of the evidence, the court may decide to
6vacate the protective order or modify the remedies.
7 (h) If the ex parte protective order granted petitioner
8exclusive possession of the residence and the petition of
9respondent seeks to re-open or vacate that grant, the court
10shall set a date for hearing within 14 days on all issues
11relating to exclusive possession. Under no circumstances shall
12a court continue a hearing concerning exclusive possession
13beyond the 14th day except by agreement of the petitioner and
14the respondent. Other issues raised by the pleadings may be
15consolidated for the hearing if the petitioner, the
16respondent, and the court do not object.
17 (i) Duration of ex parte protective order. An ex parte
18order shall remain in effect until the court considers the
19request for a final protective order after notice has been
20served on the respondent or a default final protective order
21is entered, whichever occurs first. If a court date is
22scheduled for the issuance of a default protective order and
23the petitioner fails to personally appear or appear through
24counsel or the prosecuting attorney, the petition shall be
25dismissed and the ex parte order terminated.
26(Source: P.A. 102-538, eff. 8-20-21.)

HB4327- 390 -LRB103 34892 RLC 64759 b
1 Section 175. The Unified Code of Corrections is amended by
2changing Sections 3-2-10.5, 5-4.5-110, 5-5-3, 5-5-3.2, and
35-6-3 as follows:
4 (730 ILCS 5/3-2-10.5)
5 Sec. 3-2-10.5. Retiring security employees and parole
6agents; purchase of service firearm and badge. The Director
7shall establish a program to allow a security employee or
8parole agent of the Department who is honorably retiring in
9good standing to purchase either one or both of the following:
10(1) any badge previously issued to the security employee or
11parole agent by the Department; or (2) if the security
12employee or parole agent has a currently valid Firearm Owner's
13Identification Card, the service firearm issued or previously
14issued to the security employee or parole agent by the
15Department. The badge must be permanently and conspicuously
16marked in such a manner that the individual who possesses the
17badge is not mistaken for an actively serving law enforcement
18officer. The cost of the firearm shall be the replacement
19value of the firearm and not the firearm's fair market value.
20(Source: P.A. 102-719, eff. 5-6-22.)
21 (730 ILCS 5/5-4.5-110)
22 (Section scheduled to be repealed on January 1, 2024)
23 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH

HB4327- 391 -LRB103 34892 RLC 64759 b
1PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
2 (a) DEFINITIONS. For the purposes of this Section:
3 "Firearm" has the meaning ascribed to it in Section
4 2-7.5 of the Criminal Code of 2012 1.1 of the Firearm
5 Owners Identification Card Act.
6 "Qualifying predicate offense" means the following
7 offenses under the Criminal Code of 2012:
8 (A) aggravated unlawful use of a weapon under
9 Section 24-1.6 or similar offense under the Criminal
10 Code of 1961, when the weapon is a firearm;
11 (B) unlawful use or possession of a weapon by a
12 felon under Section 24-1.1 or similar offense under
13 the Criminal Code of 1961, when the weapon is a
14 firearm;
15 (C) first degree murder under Section 9-1 or
16 similar offense under the Criminal Code of 1961;
17 (D) attempted first degree murder with a firearm
18 or similar offense under the Criminal Code of 1961;
19 (E) aggravated kidnapping with a firearm under
20 paragraph (6) or (7) of subsection (a) of Section 10-2
21 or similar offense under the Criminal Code of 1961;
22 (F) aggravated battery with a firearm under
23 subsection (e) of Section 12-3.05 or similar offense
24 under the Criminal Code of 1961;
25 (G) aggravated criminal sexual assault under
26 Section 11-1.30 or similar offense under the Criminal

HB4327- 392 -LRB103 34892 RLC 64759 b
1 Code of 1961;
2 (H) predatory criminal sexual assault of a child
3 under Section 11-1.40 or similar offense under the
4 Criminal Code of 1961;
5 (I) armed robbery under Section 18-2 or similar
6 offense under the Criminal Code of 1961;
7 (J) vehicular hijacking under Section 18-3 or
8 similar offense under the Criminal Code of 1961;
9 (K) aggravated vehicular hijacking under Section
10 18-4 or similar offense under the Criminal Code of
11 1961;
12 (L) home invasion with a firearm under paragraph
13 (3), (4), or (5) of subsection (a) of Section 19-6 or
14 similar offense under the Criminal Code of 1961;
15 (M) aggravated discharge of a firearm under
16 Section 24-1.2 or similar offense under the Criminal
17 Code of 1961;
18 (N) aggravated discharge of a machine gun or a
19 firearm equipped with a device designed or used for
20 silencing the report of a firearm under Section
21 24-1.2-5 or similar offense under the Criminal Code of
22 1961;
23 (0) unlawful use of firearm projectiles under
24 Section 24-2.1 or similar offense under the Criminal
25 Code of 1961;
26 (P) manufacture, sale, or transfer of bullets or

HB4327- 393 -LRB103 34892 RLC 64759 b
1 shells represented to be armor piercing bullets,
2 dragon's breath shotgun shells, bolo shells, or
3 flechette shells under Section 24-2.2 or similar
4 offense under the Criminal Code of 1961;
5 (Q) unlawful sale or delivery of firearms under
6 Section 24-3 or similar offense under the Criminal
7 Code of 1961;
8 (R) unlawful discharge of firearm projectiles
9 under Section 24-3.2 or similar offense under the
10 Criminal Code of 1961;
11 (S) unlawful sale or delivery of firearms on
12 school premises of any school under Section 24-3.3 or
13 similar offense under the Criminal Code of 1961;
14 (T) unlawful purchase of a firearm under Section
15 24-3.5 or similar offense under the Criminal Code of
16 1961;
17 (U) use of a stolen firearm in the commission of an
18 offense under Section 24-3.7 or similar offense under
19 the Criminal Code of 1961;
20 (V) possession of a stolen firearm under Section
21 24-3.8 or similar offense under the Criminal Code of
22 1961;
23 (W) aggravated possession of a stolen firearm
24 under Section 24-3.9 or similar offense under the
25 Criminal Code of 1961;
26 (X) gunrunning under Section 24-3A or similar

HB4327- 394 -LRB103 34892 RLC 64759 b
1 offense under the Criminal Code of 1961;
2 (Y) defacing identification marks of firearms
3 under Section 24-5 or similar offense under the
4 Criminal Code of 1961; and
5 (Z) armed violence under Section 33A-2 or similar
6 offense under the Criminal Code of 1961.
7 (b) APPLICABILITY. For an offense committed on or after
8January 1, 2018 (the effective date of Public Act 100-3) and
9before January 1, 2024, when a person is convicted of unlawful
10use or possession of a weapon by a felon, when the weapon is a
11firearm, or aggravated unlawful use of a weapon, when the
12weapon is a firearm, after being previously convicted of a
13qualifying predicate offense the person shall be subject to
14the sentencing guidelines under this Section.
15 (c) SENTENCING GUIDELINES.
16 (1) When a person is convicted of unlawful use or
17 possession of a weapon by a felon, when the weapon is a
18 firearm, and that person has been previously convicted of
19 a qualifying predicate offense, the person shall be
20 sentenced to a term of imprisonment within the sentencing
21 range of not less than 7 years and not more than 14 years,
22 unless the court finds that a departure from the
23 sentencing guidelines under this paragraph is warranted
24 under subsection (d) of this Section.
25 (2) When a person is convicted of aggravated unlawful
26 use of a weapon, when the weapon is a firearm, and that

HB4327- 395 -LRB103 34892 RLC 64759 b
1 person has been previously convicted of a qualifying
2 predicate offense, the person shall be sentenced to a term
3 of imprisonment within the sentencing range of not less
4 than 6 years and not more than 7 years, unless the court
5 finds that a departure from the sentencing guidelines
6 under this paragraph is warranted under subsection (d) of
7 this Section.
8 (3) The sentencing guidelines in paragraphs (1) and
9 (2) of this subsection (c) apply only to offenses
10 committed on and after January 1, 2018 (the effective date
11 of Public Act 100-3) and before January 1, 2024.
12 (d) DEPARTURE FROM SENTENCING GUIDELINES.
13 (1) At the sentencing hearing conducted under Section
14 5-4-1 of this Code, the court may depart from the
15 sentencing guidelines provided in subsection (c) of this
16 Section and impose a sentence otherwise authorized by law
17 for the offense if the court, after considering any factor
18 under paragraph (2) of this subsection (d) relevant to the
19 nature and circumstances of the crime and to the history
20 and character of the defendant, finds on the record
21 substantial and compelling justification that the sentence
22 within the sentencing guidelines would be unduly harsh and
23 that a sentence otherwise authorized by law would be
24 consistent with public safety and does not deprecate the
25 seriousness of the offense.
26 (2) In deciding whether to depart from the sentencing

HB4327- 396 -LRB103 34892 RLC 64759 b
1 guidelines under this paragraph, the court shall consider:
2 (A) the age, immaturity, or limited mental
3 capacity of the defendant at the time of commission of
4 the qualifying predicate or current offense, including
5 whether the defendant was suffering from a mental or
6 physical condition insufficient to constitute a
7 defense but significantly reduced the defendant's
8 culpability;
9 (B) the nature and circumstances of the qualifying
10 predicate offense;
11 (C) the time elapsed since the qualifying
12 predicate offense;
13 (D) the nature and circumstances of the current
14 offense;
15 (E) the defendant's prior criminal history;
16 (F) whether the defendant committed the qualifying
17 predicate or current offense under specific and
18 credible duress, coercion, threat, or compulsion;
19 (G) whether the defendant aided in the
20 apprehension of another felon or testified truthfully
21 on behalf of another prosecution of a felony; and
22 (H) whether departure is in the interest of the
23 person's rehabilitation, including employment or
24 educational or vocational training, after taking into
25 account any past rehabilitation efforts or
26 dispositions of probation or supervision, and the

HB4327- 397 -LRB103 34892 RLC 64759 b
1 defendant's cooperation or response to rehabilitation.
2 (3) When departing from the sentencing guidelines
3 under this Section, the court shall specify on the record,
4 the particular evidence, information, factor or factors,
5 or other reasons which led to the departure from the
6 sentencing guidelines. When departing from the sentencing
7 range in accordance with this subsection (d), the court
8 shall indicate on the sentencing order which departure
9 factor or factors outlined in paragraph (2) of this
10 subsection (d) led to the sentence imposed. The sentencing
11 order shall be filed with the clerk of the court and shall
12 be a public record.
13 (e) This Section is repealed on January 1, 2024.
14(Source: P.A. 102-1109, eff. 12-21-22.)
15 (730 ILCS 5/5-5-3)
16 (Text of Section before amendment by P.A. 103-51)
17 Sec. 5-5-3. Disposition.
18 (a) (Blank).
19 (b) (Blank).
20 (c)(1) (Blank).
21 (2) A period of probation, a term of periodic imprisonment
22or conditional discharge shall not be imposed for the
23following offenses. The court shall sentence the offender to
24not less than the minimum term of imprisonment set forth in
25this Code for the following offenses, and may order a fine or

HB4327- 398 -LRB103 34892 RLC 64759 b
1restitution or both in conjunction with such term of
2imprisonment:
3 (A) First degree murder where the death penalty is not
4 imposed.
5 (B) Attempted first degree murder.
6 (C) A Class X felony.
7 (D) A violation of Section 401.1 or 407 of the
8 Illinois Controlled Substances Act, or a violation of
9 subdivision (c)(1.5) of Section 401 of that Act which
10 relates to more than 5 grams of a substance containing
11 fentanyl or an analog thereof.
12 (D-5) A violation of subdivision (c)(1) of Section 401
13 of the Illinois Controlled Substances Act which relates to
14 3 or more grams of a substance containing heroin or an
15 analog thereof.
16 (E) (Blank).
17 (F) A Class 1 or greater felony if the offender had
18 been convicted of a Class 1 or greater felony, including
19 any state or federal conviction for an offense that
20 contained, at the time it was committed, the same elements
21 as an offense now (the date of the offense committed after
22 the prior Class 1 or greater felony) classified as a Class
23 1 or greater felony, within 10 years of the date on which
24 the offender committed the offense for which he or she is
25 being sentenced, except as otherwise provided in Section
26 40-10 of the Substance Use Disorder Act.

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1 (F-3) A Class 2 or greater felony sex offense or
2 felony firearm offense if the offender had been convicted
3 of a Class 2 or greater felony, including any state or
4 federal conviction for an offense that contained, at the
5 time it was committed, the same elements as an offense now
6 (the date of the offense committed after the prior Class 2
7 or greater felony) classified as a Class 2 or greater
8 felony, within 10 years of the date on which the offender
9 committed the offense for which he or she is being
10 sentenced, except as otherwise provided in Section 40-10
11 of the Substance Use Disorder Act.
12 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
13 of the Criminal Code of 1961 or the Criminal Code of 2012
14 for which imprisonment is prescribed in those Sections.
15 (G) Residential burglary, except as otherwise provided
16 in Section 40-10 of the Substance Use Disorder Act.
17 (H) Criminal sexual assault.
18 (I) Aggravated battery of a senior citizen as
19 described in Section 12-4.6 or subdivision (a)(4) of
20 Section 12-3.05 of the Criminal Code of 1961 or the
21 Criminal Code of 2012.
22 (J) A forcible felony if the offense was related to
23 the activities of an organized gang.
24 Before July 1, 1994, for the purposes of this
25 paragraph, "organized gang" means an association of 5 or
26 more persons, with an established hierarchy, that

HB4327- 400 -LRB103 34892 RLC 64759 b
1 encourages members of the association to perpetrate crimes
2 or provides support to the members of the association who
3 do commit crimes.
4 Beginning July 1, 1994, for the purposes of this
5 paragraph, "organized gang" has the meaning ascribed to it
6 in Section 10 of the Illinois Streetgang Terrorism Omnibus
7 Prevention Act.
8 (K) Vehicular hijacking.
9 (L) A second or subsequent conviction for the offense
10 of hate crime when the underlying offense upon which the
11 hate crime is based is felony aggravated assault or felony
12 mob action.
13 (M) A second or subsequent conviction for the offense
14 of institutional vandalism if the damage to the property
15 exceeds $300.
16 (N) A Class 3 felony violation of paragraph (1) of
17 subsection (a) of Section 2 of the Firearm Owners
18 Identification Card Act committed before the effective
19 date of this amendatory Act of the 103rd General
20 Assembly..
21 (O) A violation of Section 12-6.1 or 12-6.5 of the
22 Criminal Code of 1961 or the Criminal Code of 2012.
23 (P) A violation of paragraph (1), (2), (3), (4), (5),
24 or (7) of subsection (a) of Section 11-20.1 of the
25 Criminal Code of 1961 or the Criminal Code of 2012.
26 (P-5) A violation of paragraph (6) of subsection (a)

HB4327- 401 -LRB103 34892 RLC 64759 b
1 of Section 11-20.1 of the Criminal Code of 1961 or the
2 Criminal Code of 2012 if the victim is a household or
3 family member of the defendant.
4 (Q) A violation of subsection (b) or (b-5) of Section
5 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
6 Code of 1961 or the Criminal Code of 2012.
7 (R) A violation of Section 24-3A of the Criminal Code
8 of 1961 or the Criminal Code of 2012.
9 (S) (Blank).
10 (T) (Blank).
11 (U) A second or subsequent violation of Section 6-303
12 of the Illinois Vehicle Code committed while his or her
13 driver's license, permit, or privilege was revoked because
14 of a violation of Section 9-3 of the Criminal Code of 1961
15 or the Criminal Code of 2012, relating to the offense of
16 reckless homicide, or a similar provision of a law of
17 another state.
18 (V) A violation of paragraph (4) of subsection (c) of
19 Section 11-20.1B or paragraph (4) of subsection (c) of
20 Section 11-20.3 of the Criminal Code of 1961, or paragraph
21 (6) of subsection (a) of Section 11-20.1 of the Criminal
22 Code of 2012 when the victim is under 13 years of age and
23 the defendant has previously been convicted under the laws
24 of this State or any other state of the offense of child
25 pornography, aggravated child pornography, aggravated
26 criminal sexual abuse, aggravated criminal sexual assault,

HB4327- 402 -LRB103 34892 RLC 64759 b
1 predatory criminal sexual assault of a child, or any of
2 the offenses formerly known as rape, deviate sexual
3 assault, indecent liberties with a child, or aggravated
4 indecent liberties with a child where the victim was under
5 the age of 18 years or an offense that is substantially
6 equivalent to those offenses.
7 (W) A violation of Section 24-3.5 of the Criminal Code
8 of 1961 or the Criminal Code of 2012.
9 (X) A violation of subsection (a) of Section 31-1a of
10 the Criminal Code of 1961 or the Criminal Code of 2012.
11 (Y) A conviction for unlawful possession of a firearm
12 by a street gang member when the firearm was loaded or
13 contained firearm ammunition.
14 (Z) A Class 1 felony committed while he or she was
15 serving a term of probation or conditional discharge for a
16 felony.
17 (AA) Theft of property exceeding $500,000 and not
18 exceeding $1,000,000 in value.
19 (BB) Laundering of criminally derived property of a
20 value exceeding $500,000.
21 (CC) Knowingly selling, offering for sale, holding for
22 sale, or using 2,000 or more counterfeit items or
23 counterfeit items having a retail value in the aggregate
24 of $500,000 or more.
25 (DD) A conviction for aggravated assault under
26 paragraph (6) of subsection (c) of Section 12-2 of the

HB4327- 403 -LRB103 34892 RLC 64759 b
1 Criminal Code of 1961 or the Criminal Code of 2012 if the
2 firearm is aimed toward the person against whom the
3 firearm is being used.
4 (EE) A conviction for a violation of paragraph (2) of
5 subsection (a) of Section 24-3B of the Criminal Code of
6 2012.
7 (3) (Blank).
8 (4) A minimum term of imprisonment of not less than 10
9consecutive days or 30 days of community service shall be
10imposed for a violation of paragraph (c) of Section 6-303 of
11the Illinois Vehicle Code.
12 (4.1) (Blank).
13 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
14this subsection (c), a minimum of 100 hours of community
15service shall be imposed for a second violation of Section
166-303 of the Illinois Vehicle Code.
17 (4.3) A minimum term of imprisonment of 30 days or 300
18hours of community service, as determined by the court, shall
19be imposed for a second violation of subsection (c) of Section
206-303 of the Illinois Vehicle Code.
21 (4.4) Except as provided in paragraphs (4.5), (4.6), and
22(4.9) of this subsection (c), a minimum term of imprisonment
23of 30 days or 300 hours of community service, as determined by
24the court, shall be imposed for a third or subsequent
25violation of Section 6-303 of the Illinois Vehicle Code. The
26court may give credit toward the fulfillment of community

HB4327- 404 -LRB103 34892 RLC 64759 b
1service hours for participation in activities and treatment as
2determined by court services.
3 (4.5) A minimum term of imprisonment of 30 days shall be
4imposed for a third violation of subsection (c) of Section
56-303 of the Illinois Vehicle Code.
6 (4.6) Except as provided in paragraph (4.10) of this
7subsection (c), a minimum term of imprisonment of 180 days
8shall be imposed for a fourth or subsequent violation of
9subsection (c) of Section 6-303 of the Illinois Vehicle Code.
10 (4.7) A minimum term of imprisonment of not less than 30
11consecutive days, or 300 hours of community service, shall be
12imposed for a violation of subsection (a-5) of Section 6-303
13of the Illinois Vehicle Code, as provided in subsection (b-5)
14of that Section.
15 (4.8) A mandatory prison sentence shall be imposed for a
16second violation of subsection (a-5) of Section 6-303 of the
17Illinois Vehicle Code, as provided in subsection (c-5) of that
18Section. The person's driving privileges shall be revoked for
19a period of not less than 5 years from the date of his or her
20release from prison.
21 (4.9) A mandatory prison sentence of not less than 4 and
22not more than 15 years shall be imposed for a third violation
23of subsection (a-5) of Section 6-303 of the Illinois Vehicle
24Code, as provided in subsection (d-2.5) of that Section. The
25person's driving privileges shall be revoked for the remainder
26of his or her life.

HB4327- 405 -LRB103 34892 RLC 64759 b
1 (4.10) A mandatory prison sentence for a Class 1 felony
2shall be imposed, and the person shall be eligible for an
3extended term sentence, for a fourth or subsequent violation
4of subsection (a-5) of Section 6-303 of the Illinois Vehicle
5Code, as provided in subsection (d-3.5) of that Section. The
6person's driving privileges shall be revoked for the remainder
7of his or her life.
8 (5) The court may sentence a corporation or unincorporated
9association convicted of any offense to:
10 (A) a period of conditional discharge;
11 (B) a fine;
12 (C) make restitution to the victim under Section 5-5-6
13 of this Code.
14 (5.1) In addition to any other penalties imposed, and
15except as provided in paragraph (5.2) or (5.3), a person
16convicted of violating subsection (c) of Section 11-907 of the
17Illinois Vehicle Code shall have his or her driver's license,
18permit, or privileges suspended for at least 90 days but not
19more than one year, if the violation resulted in damage to the
20property of another person.
21 (5.2) In addition to any other penalties imposed, and
22except as provided in paragraph (5.3), a person convicted of
23violating subsection (c) of Section 11-907 of the Illinois
24Vehicle Code shall have his or her driver's license, permit,
25or privileges suspended for at least 180 days but not more than
262 years, if the violation resulted in injury to another

HB4327- 406 -LRB103 34892 RLC 64759 b
1person.
2 (5.3) In addition to any other penalties imposed, a person
3convicted of violating subsection (c) of Section 11-907 of the
4Illinois Vehicle Code shall have his or her driver's license,
5permit, or privileges suspended for 2 years, if the violation
6resulted in the death of another person.
7 (5.4) In addition to any other penalties imposed, a person
8convicted of violating Section 3-707 of the Illinois Vehicle
9Code shall have his or her driver's license, permit, or
10privileges suspended for 3 months and until he or she has paid
11a reinstatement fee of $100.
12 (5.5) In addition to any other penalties imposed, a person
13convicted of violating Section 3-707 of the Illinois Vehicle
14Code during a period in which his or her driver's license,
15permit, or privileges were suspended for a previous violation
16of that Section shall have his or her driver's license,
17permit, or privileges suspended for an additional 6 months
18after the expiration of the original 3-month suspension and
19until he or she has paid a reinstatement fee of $100.
20 (6) (Blank).
21 (7) (Blank).
22 (8) (Blank).
23 (9) A defendant convicted of a second or subsequent
24offense of ritualized abuse of a child may be sentenced to a
25term of natural life imprisonment.
26 (10) (Blank).

HB4327- 407 -LRB103 34892 RLC 64759 b
1 (11) The court shall impose a minimum fine of $1,000 for a
2first offense and $2,000 for a second or subsequent offense
3upon a person convicted of or placed on supervision for
4battery when the individual harmed was a sports official or
5coach at any level of competition and the act causing harm to
6the sports official or coach occurred within an athletic
7facility or within the immediate vicinity of the athletic
8facility at which the sports official or coach was an active
9participant of the athletic contest held at the athletic
10facility. For the purposes of this paragraph (11), "sports
11official" means a person at an athletic contest who enforces
12the rules of the contest, such as an umpire or referee;
13"athletic facility" means an indoor or outdoor playing field
14or recreational area where sports activities are conducted;
15and "coach" means a person recognized as a coach by the
16sanctioning authority that conducted the sporting event.
17 (12) A person may not receive a disposition of court
18supervision for a violation of Section 5-16 of the Boat
19Registration and Safety Act if that person has previously
20received a disposition of court supervision for a violation of
21that Section.
22 (13) A person convicted of or placed on court supervision
23for an assault or aggravated assault when the victim and the
24offender are family or household members as defined in Section
25103 of the Illinois Domestic Violence Act of 1986 or convicted
26of domestic battery or aggravated domestic battery may be

HB4327- 408 -LRB103 34892 RLC 64759 b
1required to attend a Partner Abuse Intervention Program under
2protocols set forth by the Illinois Department of Human
3Services under such terms and conditions imposed by the court.
4The costs of such classes shall be paid by the offender.
5 (d) In any case in which a sentence originally imposed is
6vacated, the case shall be remanded to the trial court. The
7trial court shall hold a hearing under Section 5-4-1 of this
8Code which may include evidence of the defendant's life, moral
9character and occupation during the time since the original
10sentence was passed. The trial court shall then impose
11sentence upon the defendant. The trial court may impose any
12sentence which could have been imposed at the original trial
13subject to Section 5-5-4 of this Code. If a sentence is vacated
14on appeal or on collateral attack due to the failure of the
15trier of fact at trial to determine beyond a reasonable doubt
16the existence of a fact (other than a prior conviction)
17necessary to increase the punishment for the offense beyond
18the statutory maximum otherwise applicable, either the
19defendant may be re-sentenced to a term within the range
20otherwise provided or, if the State files notice of its
21intention to again seek the extended sentence, the defendant
22shall be afforded a new trial.
23 (e) In cases where prosecution for aggravated criminal
24sexual abuse under Section 11-1.60 or 12-16 of the Criminal
25Code of 1961 or the Criminal Code of 2012 results in conviction
26of a defendant who was a family member of the victim at the

HB4327- 409 -LRB103 34892 RLC 64759 b
1time of the commission of the offense, the court shall
2consider the safety and welfare of the victim and may impose a
3sentence of probation only where:
4 (1) the court finds (A) or (B) or both are
5 appropriate:
6 (A) the defendant is willing to undergo a court
7 approved counseling program for a minimum duration of
8 2 years; or
9 (B) the defendant is willing to participate in a
10 court approved plan, including, but not limited to,
11 the defendant's:
12 (i) removal from the household;
13 (ii) restricted contact with the victim;
14 (iii) continued financial support of the
15 family;
16 (iv) restitution for harm done to the victim;
17 and
18 (v) compliance with any other measures that
19 the court may deem appropriate; and
20 (2) the court orders the defendant to pay for the
21 victim's counseling services, to the extent that the court
22 finds, after considering the defendant's income and
23 assets, that the defendant is financially capable of
24 paying for such services, if the victim was under 18 years
25 of age at the time the offense was committed and requires
26 counseling as a result of the offense.

HB4327- 410 -LRB103 34892 RLC 64759 b
1 Probation may be revoked or modified pursuant to Section
25-6-4; except where the court determines at the hearing that
3the defendant violated a condition of his or her probation
4restricting contact with the victim or other family members or
5commits another offense with the victim or other family
6members, the court shall revoke the defendant's probation and
7impose a term of imprisonment.
8 For the purposes of this Section, "family member" and
9"victim" shall have the meanings ascribed to them in Section
1011-0.1 of the Criminal Code of 2012.
11 (f) (Blank).
12 (g) Whenever a defendant is convicted of an offense under
13Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1411-14.3, 11-14.4 except for an offense that involves keeping a
15place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1712-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
18Criminal Code of 2012, the defendant shall undergo medical
19testing to determine whether the defendant has any sexually
20transmissible disease, including a test for infection with
21human immunodeficiency virus (HIV) or any other identified
22causative agent of acquired immunodeficiency syndrome (AIDS).
23Any such medical test shall be performed only by appropriately
24licensed medical practitioners and may include an analysis of
25any bodily fluids as well as an examination of the defendant's
26person. Except as otherwise provided by law, the results of

HB4327- 411 -LRB103 34892 RLC 64759 b
1such test shall be kept strictly confidential by all medical
2personnel involved in the testing and must be personally
3delivered in a sealed envelope to the judge of the court in
4which the conviction was entered for the judge's inspection in
5camera. Acting in accordance with the best interests of the
6victim and the public, the judge shall have the discretion to
7determine to whom, if anyone, the results of the testing may be
8revealed. The court shall notify the defendant of the test
9results. The court shall also notify the victim if requested
10by the victim, and if the victim is under the age of 15 and if
11requested by the victim's parents or legal guardian, the court
12shall notify the victim's parents or legal guardian of the
13test results. The court shall provide information on the
14availability of HIV testing and counseling at Department of
15Public Health facilities to all parties to whom the results of
16the testing are revealed and shall direct the State's Attorney
17to provide the information to the victim when possible. The
18court shall order that the cost of any such test shall be paid
19by the county and may be taxed as costs against the convicted
20defendant.
21 (g-5) When an inmate is tested for an airborne
22communicable disease, as determined by the Illinois Department
23of Public Health, including, but not limited to, tuberculosis,
24the results of the test shall be personally delivered by the
25warden or his or her designee in a sealed envelope to the judge
26of the court in which the inmate must appear for the judge's

HB4327- 412 -LRB103 34892 RLC 64759 b
1inspection in camera if requested by the judge. Acting in
2accordance with the best interests of those in the courtroom,
3the judge shall have the discretion to determine what if any
4precautions need to be taken to prevent transmission of the
5disease in the courtroom.
6 (h) Whenever a defendant is convicted of an offense under
7Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
8defendant shall undergo medical testing to determine whether
9the defendant has been exposed to human immunodeficiency virus
10(HIV) or any other identified causative agent of acquired
11immunodeficiency syndrome (AIDS). Except as otherwise provided
12by law, the results of such test shall be kept strictly
13confidential by all medical personnel involved in the testing
14and must be personally delivered in a sealed envelope to the
15judge of the court in which the conviction was entered for the
16judge's inspection in camera. Acting in accordance with the
17best interests of the public, the judge shall have the
18discretion to determine to whom, if anyone, the results of the
19testing may be revealed. The court shall notify the defendant
20of a positive test showing an infection with the human
21immunodeficiency virus (HIV). The court shall provide
22information on the availability of HIV testing and counseling
23at Department of Public Health facilities to all parties to
24whom the results of the testing are revealed and shall direct
25the State's Attorney to provide the information to the victim
26when possible. The court shall order that the cost of any such

HB4327- 413 -LRB103 34892 RLC 64759 b
1test shall be paid by the county and may be taxed as costs
2against the convicted defendant.
3 (i) All fines and penalties imposed under this Section for
4any violation of Chapters 3, 4, 6, and 11 of the Illinois
5Vehicle Code, or a similar provision of a local ordinance, and
6any violation of the Child Passenger Protection Act, or a
7similar provision of a local ordinance, shall be collected and
8disbursed by the circuit clerk as provided under the Criminal
9and Traffic Assessment Act.
10 (j) In cases when prosecution for any violation of Section
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1211-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1311-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1411-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1512-15, or 12-16 of the Criminal Code of 1961 or the Criminal
16Code of 2012, any violation of the Illinois Controlled
17Substances Act, any violation of the Cannabis Control Act, or
18any violation of the Methamphetamine Control and Community
19Protection Act results in conviction, a disposition of court
20supervision, or an order of probation granted under Section 10
21of the Cannabis Control Act, Section 410 of the Illinois
22Controlled Substances Act, or Section 70 of the
23Methamphetamine Control and Community Protection Act of a
24defendant, the court shall determine whether the defendant is
25employed by a facility or center as defined under the Child
26Care Act of 1969, a public or private elementary or secondary

HB4327- 414 -LRB103 34892 RLC 64759 b
1school, or otherwise works with children under 18 years of age
2on a daily basis. When a defendant is so employed, the court
3shall order the Clerk of the Court to send a copy of the
4judgment of conviction or order of supervision or probation to
5the defendant's employer by certified mail. If the employer of
6the defendant is a school, the Clerk of the Court shall direct
7the mailing of a copy of the judgment of conviction or order of
8supervision or probation to the appropriate regional
9superintendent of schools. The regional superintendent of
10schools shall notify the State Board of Education of any
11notification under this subsection.
12 (j-5) A defendant at least 17 years of age who is convicted
13of a felony and who has not been previously convicted of a
14misdemeanor or felony and who is sentenced to a term of
15imprisonment in the Illinois Department of Corrections shall
16as a condition of his or her sentence be required by the court
17to attend educational courses designed to prepare the
18defendant for a high school diploma and to work toward a high
19school diploma or to work toward passing high school
20equivalency testing or to work toward completing a vocational
21training program offered by the Department of Corrections. If
22a defendant fails to complete the educational training
23required by his or her sentence during the term of
24incarceration, the Prisoner Review Board shall, as a condition
25of mandatory supervised release, require the defendant, at his
26or her own expense, to pursue a course of study toward a high

HB4327- 415 -LRB103 34892 RLC 64759 b
1school diploma or passage of high school equivalency testing.
2The Prisoner Review Board shall revoke the mandatory
3supervised release of a defendant who wilfully fails to comply
4with this subsection (j-5) upon his or her release from
5confinement in a penal institution while serving a mandatory
6supervised release term; however, the inability of the
7defendant after making a good faith effort to obtain financial
8aid or pay for the educational training shall not be deemed a
9wilful failure to comply. The Prisoner Review Board shall
10recommit the defendant whose mandatory supervised release term
11has been revoked under this subsection (j-5) as provided in
12Section 3-3-9. This subsection (j-5) does not apply to a
13defendant who has a high school diploma or has successfully
14passed high school equivalency testing. This subsection (j-5)
15does not apply to a defendant who is determined by the court to
16be a person with a developmental disability or otherwise
17mentally incapable of completing the educational or vocational
18program.
19 (k) (Blank).
20 (l)(A) Except as provided in paragraph (C) of subsection
21(l), whenever a defendant, who is not a citizen or national of
22the United States, is convicted of any felony or misdemeanor
23offense, the court after sentencing the defendant may, upon
24motion of the State's Attorney, hold sentence in abeyance and
25remand the defendant to the custody of the Attorney General of
26the United States or his or her designated agent to be deported

HB4327- 416 -LRB103 34892 RLC 64759 b
1when:
2 (1) a final order of deportation has been issued
3 against the defendant pursuant to proceedings under the
4 Immigration and Nationality Act, and
5 (2) the deportation of the defendant would not
6 deprecate the seriousness of the defendant's conduct and
7 would not be inconsistent with the ends of justice.
8 Otherwise, the defendant shall be sentenced as provided in
9this Chapter V.
10 (B) If the defendant has already been sentenced for a
11felony or misdemeanor offense, or has been placed on probation
12under Section 10 of the Cannabis Control Act, Section 410 of
13the Illinois Controlled Substances Act, or Section 70 of the
14Methamphetamine Control and Community Protection Act, the
15court may, upon motion of the State's Attorney to suspend the
16sentence imposed, commit the defendant to the custody of the
17Attorney General of the United States or his or her designated
18agent when:
19 (1) a final order of deportation has been issued
20 against the defendant pursuant to proceedings under the
21 Immigration and Nationality Act, and
22 (2) the deportation of the defendant would not
23 deprecate the seriousness of the defendant's conduct and
24 would not be inconsistent with the ends of justice.
25 (C) This subsection (l) does not apply to offenders who
26are subject to the provisions of paragraph (2) of subsection

HB4327- 417 -LRB103 34892 RLC 64759 b
1(a) of Section 3-6-3.
2 (D) Upon motion of the State's Attorney, if a defendant
3sentenced under this Section returns to the jurisdiction of
4the United States, the defendant shall be recommitted to the
5custody of the county from which he or she was sentenced.
6Thereafter, the defendant shall be brought before the
7sentencing court, which may impose any sentence that was
8available under Section 5-5-3 at the time of initial
9sentencing. In addition, the defendant shall not be eligible
10for additional earned sentence credit as provided under
11Section 3-6-3.
12 (m) A person convicted of criminal defacement of property
13under Section 21-1.3 of the Criminal Code of 1961 or the
14Criminal Code of 2012, in which the property damage exceeds
15$300 and the property damaged is a school building, shall be
16ordered to perform community service that may include cleanup,
17removal, or painting over the defacement.
18 (n) The court may sentence a person convicted of a
19violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
20subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
21of 1961 or the Criminal Code of 2012 (i) to an impact
22incarceration program if the person is otherwise eligible for
23that program under Section 5-8-1.1, (ii) to community service,
24or (iii) if the person has a substance use disorder, as defined
25in the Substance Use Disorder Act, to a treatment program
26licensed under that Act.

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1 (o) Whenever a person is convicted of a sex offense as
2defined in Section 2 of the Sex Offender Registration Act, the
3defendant's driver's license or permit shall be subject to
4renewal on an annual basis in accordance with the provisions
5of license renewal established by the Secretary of State.
6(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
7102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
85-27-22.)
9 (Text of Section after amendment by P.A. 103-51)
10 Sec. 5-5-3. Disposition.
11 (a) (Blank).
12 (b) (Blank).
13 (c)(1) (Blank).
14 (2) A period of probation, a term of periodic imprisonment
15or conditional discharge shall not be imposed for the
16following offenses. The court shall sentence the offender to
17not less than the minimum term of imprisonment set forth in
18this Code for the following offenses, and may order a fine or
19restitution or both in conjunction with such term of
20imprisonment:
21 (A) First degree murder.
22 (B) Attempted first degree murder.
23 (C) A Class X felony.
24 (D) A violation of Section 401.1 or 407 of the
25 Illinois Controlled Substances Act, or a violation of

HB4327- 419 -LRB103 34892 RLC 64759 b
1 subdivision (c)(1.5) of Section 401 of that Act which
2 relates to more than 5 grams of a substance containing
3 fentanyl or an analog thereof.
4 (D-5) A violation of subdivision (c)(1) of Section 401
5 of the Illinois Controlled Substances Act which relates to
6 3 or more grams of a substance containing heroin or an
7 analog thereof.
8 (E) (Blank).
9 (F) A Class 1 or greater felony if the offender had
10 been convicted of a Class 1 or greater felony, including
11 any state or federal conviction for an offense that
12 contained, at the time it was committed, the same elements
13 as an offense now (the date of the offense committed after
14 the prior Class 1 or greater felony) classified as a Class
15 1 or greater felony, within 10 years of the date on which
16 the offender committed the offense for which he or she is
17 being sentenced, except as otherwise provided in Section
18 40-10 of the Substance Use Disorder Act.
19 (F-3) A Class 2 or greater felony sex offense or
20 felony firearm offense if the offender had been convicted
21 of a Class 2 or greater felony, including any state or
22 federal conviction for an offense that contained, at the
23 time it was committed, the same elements as an offense now
24 (the date of the offense committed after the prior Class 2
25 or greater felony) classified as a Class 2 or greater
26 felony, within 10 years of the date on which the offender

HB4327- 420 -LRB103 34892 RLC 64759 b
1 committed the offense for which he or she is being
2 sentenced, except as otherwise provided in Section 40-10
3 of the Substance Use Disorder Act.
4 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
5 of the Criminal Code of 1961 or the Criminal Code of 2012
6 for which imprisonment is prescribed in those Sections.
7 (G) Residential burglary, except as otherwise provided
8 in Section 40-10 of the Substance Use Disorder Act.
9 (H) Criminal sexual assault.
10 (I) Aggravated battery of a senior citizen as
11 described in Section 12-4.6 or subdivision (a)(4) of
12 Section 12-3.05 of the Criminal Code of 1961 or the
13 Criminal Code of 2012.
14 (J) A forcible felony if the offense was related to
15 the activities of an organized gang.
16 Before July 1, 1994, for the purposes of this
17 paragraph, "organized gang" means an association of 5 or
18 more persons, with an established hierarchy, that
19 encourages members of the association to perpetrate crimes
20 or provides support to the members of the association who
21 do commit crimes.
22 Beginning July 1, 1994, for the purposes of this
23 paragraph, "organized gang" has the meaning ascribed to it
24 in Section 10 of the Illinois Streetgang Terrorism Omnibus
25 Prevention Act.
26 (K) Vehicular hijacking.

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

HB4327- 422 -LRB103 34892 RLC 64759 b
1 (T) (Blank).
2 (U) A second or subsequent violation of Section 6-303
3 of the Illinois Vehicle Code committed while his or her
4 driver's license, permit, or privilege was revoked because
5 of a violation of Section 9-3 of the Criminal Code of 1961
6 or the Criminal Code of 2012, relating to the offense of
7 reckless homicide, or a similar provision of a law of
8 another state.
9 (V) A violation of paragraph (4) of subsection (c) of
10 Section 11-20.1B or paragraph (4) of subsection (c) of
11 Section 11-20.3 of the Criminal Code of 1961, or paragraph
12 (6) of subsection (a) of Section 11-20.1 of the Criminal
13 Code of 2012 when the victim is under 13 years of age and
14 the defendant has previously been convicted under the laws
15 of this State or any other state of the offense of child
16 pornography, aggravated child pornography, aggravated
17 criminal sexual abuse, aggravated criminal sexual assault,
18 predatory criminal sexual assault of a child, or any of
19 the offenses formerly known as rape, deviate sexual
20 assault, indecent liberties with a child, or aggravated
21 indecent liberties with a child where the victim was under
22 the age of 18 years or an offense that is substantially
23 equivalent to those offenses.
24 (W) A violation of Section 24-3.5 of the Criminal Code
25 of 1961 or the Criminal Code of 2012.
26 (X) A violation of subsection (a) of Section 31-1a of

HB4327- 423 -LRB103 34892 RLC 64759 b
1 the Criminal Code of 1961 or the Criminal Code of 2012.
2 (Y) A conviction for unlawful possession of a firearm
3 by a street gang member when the firearm was loaded or
4 contained firearm ammunition.
5 (Z) A Class 1 felony committed while he or she was
6 serving a term of probation or conditional discharge for a
7 felony.
8 (AA) Theft of property exceeding $500,000 and not
9 exceeding $1,000,000 in value.
10 (BB) Laundering of criminally derived property of a
11 value exceeding $500,000.
12 (CC) Knowingly selling, offering for sale, holding for
13 sale, or using 2,000 or more counterfeit items or
14 counterfeit items having a retail value in the aggregate
15 of $500,000 or more.
16 (DD) A conviction for aggravated assault under
17 paragraph (6) of subsection (c) of Section 12-2 of the
18 Criminal Code of 1961 or the Criminal Code of 2012 if the
19 firearm is aimed toward the person against whom the
20 firearm is being used.
21 (EE) A conviction for a violation of paragraph (2) of
22 subsection (a) of Section 24-3B of the Criminal Code of
23 2012.
24 (3) (Blank).
25 (4) A minimum term of imprisonment of not less than 10
26consecutive days or 30 days of community service shall be

HB4327- 424 -LRB103 34892 RLC 64759 b
1imposed for a violation of paragraph (c) of Section 6-303 of
2the Illinois Vehicle Code.
3 (4.1) (Blank).
4 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
5this subsection (c), a minimum of 100 hours of community
6service shall be imposed for a second violation of Section
76-303 of the Illinois Vehicle Code.
8 (4.3) A minimum term of imprisonment of 30 days or 300
9hours of community service, as determined by the court, shall
10be imposed for a second violation of subsection (c) of Section
116-303 of the Illinois Vehicle Code.
12 (4.4) Except as provided in paragraphs (4.5), (4.6), and
13(4.9) of this subsection (c), a minimum term of imprisonment
14of 30 days or 300 hours of community service, as determined by
15the court, shall be imposed for a third or subsequent
16violation of Section 6-303 of the Illinois Vehicle Code. The
17court may give credit toward the fulfillment of community
18service hours for participation in activities and treatment as
19determined by court services.
20 (4.5) A minimum term of imprisonment of 30 days shall be
21imposed for a third violation of subsection (c) of Section
226-303 of the Illinois Vehicle Code.
23 (4.6) Except as provided in paragraph (4.10) of this
24subsection (c), a minimum term of imprisonment of 180 days
25shall be imposed for a fourth or subsequent violation of
26subsection (c) of Section 6-303 of the Illinois Vehicle Code.

HB4327- 425 -LRB103 34892 RLC 64759 b
1 (4.7) A minimum term of imprisonment of not less than 30
2consecutive days, or 300 hours of community service, shall be
3imposed for a violation of subsection (a-5) of Section 6-303
4of the Illinois Vehicle Code, as provided in subsection (b-5)
5of that Section.
6 (4.8) A mandatory prison sentence shall be imposed for a
7second violation of subsection (a-5) of Section 6-303 of the
8Illinois Vehicle Code, as provided in subsection (c-5) of that
9Section. The person's driving privileges shall be revoked for
10a period of not less than 5 years from the date of his or her
11release from prison.
12 (4.9) A mandatory prison sentence of not less than 4 and
13not more than 15 years shall be imposed for a third violation
14of subsection (a-5) of Section 6-303 of the Illinois Vehicle
15Code, as provided in subsection (d-2.5) of that Section. The
16person's driving privileges shall be revoked for the remainder
17of his or her life.
18 (4.10) A mandatory prison sentence for a Class 1 felony
19shall be imposed, and the person shall be eligible for an
20extended term sentence, for a fourth or subsequent violation
21of subsection (a-5) of Section 6-303 of the Illinois Vehicle
22Code, as provided in subsection (d-3.5) of that Section. The
23person's driving privileges shall be revoked for the remainder
24of his or her life.
25 (5) The court may sentence a corporation or unincorporated
26association convicted of any offense to:

HB4327- 426 -LRB103 34892 RLC 64759 b
1 (A) a period of conditional discharge;
2 (B) a fine;
3 (C) make restitution to the victim under Section 5-5-6
4 of this Code.
5 (5.1) In addition to any other penalties imposed, and
6except as provided in paragraph (5.2) or (5.3), a person
7convicted of violating subsection (c) of Section 11-907 of the
8Illinois Vehicle Code shall have his or her driver's license,
9permit, or privileges suspended for at least 90 days but not
10more than one year, if the violation resulted in damage to the
11property of another person.
12 (5.2) In addition to any other penalties imposed, and
13except as provided in paragraph (5.3), a person convicted of
14violating subsection (c) of Section 11-907 of the Illinois
15Vehicle Code shall have his or her driver's license, permit,
16or privileges suspended for at least 180 days but not more than
172 years, if the violation resulted in injury to another
18person.
19 (5.3) In addition to any other penalties imposed, a person
20convicted of violating subsection (c) of Section 11-907 of the
21Illinois Vehicle Code shall have his or her driver's license,
22permit, or privileges suspended for 2 years, if the violation
23resulted in the death of another person.
24 (5.4) In addition to any other penalties imposed, a person
25convicted of violating Section 3-707 of the Illinois Vehicle
26Code shall have his or her driver's license, permit, or

HB4327- 427 -LRB103 34892 RLC 64759 b
1privileges suspended for 3 months and until he or she has paid
2a reinstatement fee of $100.
3 (5.5) In addition to any other penalties imposed, a person
4convicted of violating Section 3-707 of the Illinois Vehicle
5Code during a period in which his or her driver's license,
6permit, or privileges were suspended for a previous violation
7of that Section shall have his or her driver's license,
8permit, or privileges suspended for an additional 6 months
9after the expiration of the original 3-month suspension and
10until he or she has paid a reinstatement fee of $100.
11 (6) (Blank).
12 (7) (Blank).
13 (8) (Blank).
14 (9) A defendant convicted of a second or subsequent
15offense of ritualized abuse of a child may be sentenced to a
16term of natural life imprisonment.
17 (10) (Blank).
18 (11) The court shall impose a minimum fine of $1,000 for a
19first offense and $2,000 for a second or subsequent offense
20upon a person convicted of or placed on supervision for
21battery when the individual harmed was a sports official or
22coach at any level of competition and the act causing harm to
23the sports official or coach occurred within an athletic
24facility or within the immediate vicinity of the athletic
25facility at which the sports official or coach was an active
26participant of the athletic contest held at the athletic

HB4327- 428 -LRB103 34892 RLC 64759 b
1facility. For the purposes of this paragraph (11), "sports
2official" means a person at an athletic contest who enforces
3the rules of the contest, such as an umpire or referee;
4"athletic facility" means an indoor or outdoor playing field
5or recreational area where sports activities are conducted;
6and "coach" means a person recognized as a coach by the
7sanctioning authority that conducted the sporting event.
8 (12) A person may not receive a disposition of court
9supervision for a violation of Section 5-16 of the Boat
10Registration and Safety Act if that person has previously
11received a disposition of court supervision for a violation of
12that Section.
13 (13) A person convicted of or placed on court supervision
14for an assault or aggravated assault when the victim and the
15offender are family or household members as defined in Section
16103 of the Illinois Domestic Violence Act of 1986 or convicted
17of domestic battery or aggravated domestic battery may be
18required to attend a Partner Abuse Intervention Program under
19protocols set forth by the Illinois Department of Human
20Services under such terms and conditions imposed by the court.
21The costs of such classes shall be paid by the offender.
22 (d) In any case in which a sentence originally imposed is
23vacated, the case shall be remanded to the trial court. The
24trial court shall hold a hearing under Section 5-4-1 of this
25Code which may include evidence of the defendant's life, moral
26character and occupation during the time since the original

HB4327- 429 -LRB103 34892 RLC 64759 b
1sentence was passed. The trial court shall then impose
2sentence upon the defendant. The trial court may impose any
3sentence which could have been imposed at the original trial
4subject to Section 5-5-4 of this Code. If a sentence is vacated
5on appeal or on collateral attack due to the failure of the
6trier of fact at trial to determine beyond a reasonable doubt
7the existence of a fact (other than a prior conviction)
8necessary to increase the punishment for the offense beyond
9the statutory maximum otherwise applicable, either the
10defendant may be re-sentenced to a term within the range
11otherwise provided or, if the State files notice of its
12intention to again seek the extended sentence, the defendant
13shall be afforded a new trial.
14 (e) In cases where prosecution for aggravated criminal
15sexual abuse under Section 11-1.60 or 12-16 of the Criminal
16Code of 1961 or the Criminal Code of 2012 results in conviction
17of a defendant who was a family member of the victim at the
18time of the commission of the offense, the court shall
19consider the safety and welfare of the victim and may impose a
20sentence of probation only where:
21 (1) the court finds (A) or (B) or both are
22 appropriate:
23 (A) the defendant is willing to undergo a court
24 approved counseling program for a minimum duration of
25 2 years; or
26 (B) the defendant is willing to participate in a

HB4327- 430 -LRB103 34892 RLC 64759 b
1 court approved plan, including, but not limited to,
2 the defendant's:
3 (i) removal from the household;
4 (ii) restricted contact with the victim;
5 (iii) continued financial support of the
6 family;
7 (iv) restitution for harm done to the victim;
8 and
9 (v) compliance with any other measures that
10 the court may deem appropriate; and
11 (2) the court orders the defendant to pay for the
12 victim's counseling services, to the extent that the court
13 finds, after considering the defendant's income and
14 assets, that the defendant is financially capable of
15 paying for such services, if the victim was under 18 years
16 of age at the time the offense was committed and requires
17 counseling as a result of the offense.
18 Probation may be revoked or modified pursuant to Section
195-6-4; except where the court determines at the hearing that
20the defendant violated a condition of his or her probation
21restricting contact with the victim or other family members or
22commits another offense with the victim or other family
23members, the court shall revoke the defendant's probation and
24impose a term of imprisonment.
25 For the purposes of this Section, "family member" and
26"victim" shall have the meanings ascribed to them in Section

HB4327- 431 -LRB103 34892 RLC 64759 b
111-0.1 of the Criminal Code of 2012.
2 (f) (Blank).
3 (g) Whenever a defendant is convicted of an offense under
4Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
511-14.3, 11-14.4 except for an offense that involves keeping a
6place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
711-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
812-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
9Criminal Code of 2012, the defendant shall undergo medical
10testing to determine whether the defendant has any sexually
11transmissible disease, including a test for infection with
12human immunodeficiency virus (HIV) or any other identified
13causative agent of acquired immunodeficiency syndrome (AIDS).
14Any such medical test shall be performed only by appropriately
15licensed medical practitioners and may include an analysis of
16any bodily fluids as well as an examination of the defendant's
17person. Except as otherwise provided by law, the results of
18such test shall be kept strictly confidential by all medical
19personnel involved in the testing and must be personally
20delivered in a sealed envelope to the judge of the court in
21which the conviction was entered for the judge's inspection in
22camera. Acting in accordance with the best interests of the
23victim and the public, the judge shall have the discretion to
24determine to whom, if anyone, the results of the testing may be
25revealed. The court shall notify the defendant of the test
26results. The court shall also notify the victim if requested

HB4327- 432 -LRB103 34892 RLC 64759 b
1by the victim, and if the victim is under the age of 15 and if
2requested by the victim's parents or legal guardian, the court
3shall notify the victim's parents or legal guardian of the
4test results. The court shall provide information on the
5availability of HIV testing and counseling at Department of
6Public Health facilities to all parties to whom the results of
7the testing are revealed and shall direct the State's Attorney
8to provide the information to the victim when possible. The
9court shall order that the cost of any such test shall be paid
10by the county and may be taxed as costs against the convicted
11defendant.
12 (g-5) When an inmate is tested for an airborne
13communicable disease, as determined by the Illinois Department
14of Public Health, including, but not limited to, tuberculosis,
15the results of the test shall be personally delivered by the
16warden or his or her designee in a sealed envelope to the judge
17of the court in which the inmate must appear for the judge's
18inspection in camera if requested by the judge. Acting in
19accordance with the best interests of those in the courtroom,
20the judge shall have the discretion to determine what if any
21precautions need to be taken to prevent transmission of the
22disease in the courtroom.
23 (h) Whenever a defendant is convicted of an offense under
24Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
25defendant shall undergo medical testing to determine whether
26the defendant has been exposed to human immunodeficiency virus

HB4327- 433 -LRB103 34892 RLC 64759 b
1(HIV) or any other identified causative agent of acquired
2immunodeficiency syndrome (AIDS). Except as otherwise provided
3by law, the results of such test shall be kept strictly
4confidential by all medical personnel involved in the testing
5and must be personally delivered in a sealed envelope to the
6judge of the court in which the conviction was entered for the
7judge's inspection in camera. Acting in accordance with the
8best interests of the public, the judge shall have the
9discretion to determine to whom, if anyone, the results of the
10testing may be revealed. The court shall notify the defendant
11of a positive test showing an infection with the human
12immunodeficiency virus (HIV). The court shall provide
13information on the availability of HIV testing and counseling
14at Department of Public Health facilities to all parties to
15whom the results of the testing are revealed and shall direct
16the State's Attorney to provide the information to the victim
17when possible. The court shall order that the cost of any such
18test shall be paid by the county and may be taxed as costs
19against the convicted defendant.
20 (i) All fines and penalties imposed under this Section for
21any violation of Chapters 3, 4, 6, and 11 of the Illinois
22Vehicle Code, or a similar provision of a local ordinance, and
23any violation of the Child Passenger Protection Act, or a
24similar provision of a local ordinance, shall be collected and
25disbursed by the circuit clerk as provided under the Criminal
26and Traffic Assessment Act.

HB4327- 434 -LRB103 34892 RLC 64759 b
1 (j) In cases when prosecution for any violation of Section
211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
311-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
411-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
511-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
612-15, or 12-16 of the Criminal Code of 1961 or the Criminal
7Code of 2012, any violation of the Illinois Controlled
8Substances Act, any violation of the Cannabis Control Act, or
9any violation of the Methamphetamine Control and Community
10Protection Act results in conviction, a disposition of court
11supervision, or an order of probation granted under Section 10
12of the Cannabis Control Act, Section 410 of the Illinois
13Controlled Substances Act, or Section 70 of the
14Methamphetamine Control and Community Protection Act of a
15defendant, the court shall determine whether the defendant is
16employed by a facility or center as defined under the Child
17Care Act of 1969, a public or private elementary or secondary
18school, or otherwise works with children under 18 years of age
19on a daily basis. When a defendant is so employed, the court
20shall order the Clerk of the Court to send a copy of the
21judgment of conviction or order of supervision or probation to
22the defendant's employer by certified mail. If the employer of
23the defendant is a school, the Clerk of the Court shall direct
24the mailing of a copy of the judgment of conviction or order of
25supervision or probation to the appropriate regional
26superintendent of schools. The regional superintendent of

HB4327- 435 -LRB103 34892 RLC 64759 b
1schools shall notify the State Board of Education of any
2notification under this subsection.
3 (j-5) A defendant at least 17 years of age who is convicted
4of a felony and who has not been previously convicted of a
5misdemeanor or felony and who is sentenced to a term of
6imprisonment in the Illinois Department of Corrections shall
7as a condition of his or her sentence be required by the court
8to attend educational courses designed to prepare the
9defendant for a high school diploma and to work toward a high
10school diploma or to work toward passing high school
11equivalency testing or to work toward completing a vocational
12training program offered by the Department of Corrections. If
13a defendant fails to complete the educational training
14required by his or her sentence during the term of
15incarceration, the Prisoner Review Board shall, as a condition
16of mandatory supervised release, require the defendant, at his
17or her own expense, to pursue a course of study toward a high
18school diploma or passage of high school equivalency testing.
19The Prisoner Review Board shall revoke the mandatory
20supervised release of a defendant who wilfully fails to comply
21with this subsection (j-5) upon his or her release from
22confinement in a penal institution while serving a mandatory
23supervised release term; however, the inability of the
24defendant after making a good faith effort to obtain financial
25aid or pay for the educational training shall not be deemed a
26wilful failure to comply. The Prisoner Review Board shall

HB4327- 436 -LRB103 34892 RLC 64759 b
1recommit the defendant whose mandatory supervised release term
2has been revoked under this subsection (j-5) as provided in
3Section 3-3-9. This subsection (j-5) does not apply to a
4defendant who has a high school diploma or has successfully
5passed high school equivalency testing. This subsection (j-5)
6does not apply to a defendant who is determined by the court to
7be a person with a developmental disability or otherwise
8mentally incapable of completing the educational or vocational
9program.
10 (k) (Blank).
11 (l)(A) Except as provided in paragraph (C) of subsection
12(l), whenever a defendant, who is not a citizen or national of
13the United States, is convicted of any felony or misdemeanor
14offense, the court after sentencing the defendant may, upon
15motion of the State's Attorney, hold sentence in abeyance and
16remand the defendant to the custody of the Attorney General of
17the United States or his or her designated agent to be deported
18when:
19 (1) a final order of deportation has been issued
20 against the defendant pursuant to proceedings under the
21 Immigration and Nationality Act, and
22 (2) the deportation of the defendant would not
23 deprecate the seriousness of the defendant's conduct and
24 would not be inconsistent with the ends of justice.
25 Otherwise, the defendant shall be sentenced as provided in
26this Chapter V.

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

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1for additional earned sentence credit as provided under
2Section 3-6-3.
3 (m) A person convicted of criminal defacement of property
4under Section 21-1.3 of the Criminal Code of 1961 or the
5Criminal Code of 2012, in which the property damage exceeds
6$300 and the property damaged is a school building, shall be
7ordered to perform community service that may include cleanup,
8removal, or painting over the defacement.
9 (n) The court may sentence a person convicted of a
10violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
11subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
12of 1961 or the Criminal Code of 2012 (i) to an impact
13incarceration program if the person is otherwise eligible for
14that program under Section 5-8-1.1, (ii) to community service,
15or (iii) if the person has a substance use disorder, as defined
16in the Substance Use Disorder Act, to a treatment program
17licensed under that Act.
18 (o) Whenever a person is convicted of a sex offense as
19defined in Section 2 of the Sex Offender Registration Act, the
20defendant's driver's license or permit shall be subject to
21renewal on an annual basis in accordance with the provisions
22of license renewal established by the Secretary of State.
23(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
24102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
251-1-24.)

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

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

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

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

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

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

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

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

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1 supervision in relation to the victim;
2 (30) the defendant committed the offense of promoting
3 juvenile prostitution, patronizing a prostitute, or
4 patronizing a minor engaged in prostitution and at the
5 time of the commission of the offense knew that the
6 prostitute or minor engaged in prostitution was in the
7 custody or guardianship of the Department of Children and
8 Family Services;
9 (31) the defendant (i) committed the offense of
10 driving while under the influence of alcohol, other drug
11 or drugs, intoxicating compound or compounds or any
12 combination thereof in violation of Section 11-501 of the
13 Illinois Vehicle Code or a similar provision of a local
14 ordinance and (ii) the defendant during the commission of
15 the offense was driving his or her vehicle upon a roadway
16 designated for one-way traffic in the opposite direction
17 of the direction indicated by official traffic control
18 devices;
19 (32) the defendant committed the offense of reckless
20 homicide while committing a violation of Section 11-907 of
21 the Illinois Vehicle Code;
22 (33) the defendant was found guilty of an
23 administrative infraction related to an act or acts of
24 public indecency or sexual misconduct in the penal
25 institution. In this paragraph (33), "penal institution"
26 has the same meaning as in Section 2-14 of the Criminal

HB4327- 448 -LRB103 34892 RLC 64759 b
1 Code of 2012; or
2 (34) the defendant committed the offense of leaving
3 the scene of a crash in violation of subsection (b) of
4 Section 11-401 of the Illinois Vehicle Code and the crash
5 resulted in the death of a person and at the time of the
6 offense, the defendant was: (i) driving under the
7 influence of alcohol, other drug or drugs, intoxicating
8 compound or compounds or any combination thereof as
9 defined by Section 11-501 of the Illinois Vehicle Code; or
10 (ii) operating the motor vehicle while using an electronic
11 communication device as defined in Section 12-610.2 of the
12 Illinois Vehicle Code.
13 For the purposes of this Section:
14 "School" is defined as a public or private elementary or
15secondary school, community college, college, or university.
16 "Day care center" means a public or private State
17certified and licensed day care center as defined in Section
182.09 of the Child Care Act of 1969 that displays a sign in
19plain view stating that the property is a day care center.
20 "Intellectual disability" means significantly subaverage
21intellectual functioning which exists concurrently with
22impairment in adaptive behavior.
23 "Public transportation" means the transportation or
24conveyance of persons by means available to the general
25public, and includes paratransit services.
26 "Traffic control devices" means all signs, signals,

HB4327- 449 -LRB103 34892 RLC 64759 b
1markings, and devices that conform to the Illinois Manual on
2Uniform Traffic Control Devices, placed or erected by
3authority of a public body or official having jurisdiction,
4for the purpose of regulating, warning, or guiding traffic.
5 (b) The following factors, related to all felonies, may be
6considered by the court as reasons to impose an extended term
7sentence under Section 5-8-2 upon any offender:
8 (1) When a defendant is convicted of any felony, after
9 having been previously convicted in Illinois or any other
10 jurisdiction of the same or similar class felony or
11 greater class felony, when such conviction has occurred
12 within 10 years after the previous conviction, excluding
13 time spent in custody, and such charges are separately
14 brought and tried and arise out of different series of
15 acts; or
16 (2) When a defendant is convicted of any felony and
17 the court finds that the offense was accompanied by
18 exceptionally brutal or heinous behavior indicative of
19 wanton cruelty; or
20 (3) When a defendant is convicted of any felony
21 committed against:
22 (i) a person under 12 years of age at the time of
23 the offense or such person's property;
24 (ii) a person 60 years of age or older at the time
25 of the offense or such person's property; or
26 (iii) a person who had a physical disability at

HB4327- 450 -LRB103 34892 RLC 64759 b
1 the time of the offense or such person's property; or
2 (4) When a defendant is convicted of any felony and
3 the offense involved any of the following types of
4 specific misconduct committed as part of a ceremony, rite,
5 initiation, observance, performance, practice or activity
6 of any actual or ostensible religious, fraternal, or
7 social group:
8 (i) the brutalizing or torturing of humans or
9 animals;
10 (ii) the theft of human corpses;
11 (iii) the kidnapping of humans;
12 (iv) the desecration of any cemetery, religious,
13 fraternal, business, governmental, educational, or
14 other building or property; or
15 (v) ritualized abuse of a child; or
16 (5) When a defendant is convicted of a felony other
17 than conspiracy and the court finds that the felony was
18 committed under an agreement with 2 or more other persons
19 to commit that offense and the defendant, with respect to
20 the other individuals, occupied a position of organizer,
21 supervisor, financier, or any other position of management
22 or leadership, and the court further finds that the felony
23 committed was related to or in furtherance of the criminal
24 activities of an organized gang or was motivated by the
25 defendant's leadership in an organized gang; or
26 (6) When a defendant is convicted of an offense

HB4327- 451 -LRB103 34892 RLC 64759 b
1 committed while using a firearm with a laser sight
2 attached to it. For purposes of this paragraph, "laser
3 sight" has the meaning ascribed to it in Section 26-7 of
4 the Criminal Code of 2012; or
5 (7) When a defendant who was at least 17 years of age
6 at the time of the commission of the offense is convicted
7 of a felony and has been previously adjudicated a
8 delinquent minor under the Juvenile Court Act of 1987 for
9 an act that if committed by an adult would be a Class X or
10 Class 1 felony when the conviction has occurred within 10
11 years after the previous adjudication, excluding time
12 spent in custody; or
13 (8) When a defendant commits any felony and the
14 defendant used, possessed, exercised control over, or
15 otherwise directed an animal to assault a law enforcement
16 officer engaged in the execution of his or her official
17 duties or in furtherance of the criminal activities of an
18 organized gang in which the defendant is engaged; or
19 (9) When a defendant commits any felony and the
20 defendant knowingly video or audio records the offense
21 with the intent to disseminate the recording.
22 (c) The following factors may be considered by the court
23as reasons to impose an extended term sentence under Section
245-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
25offenses:
26 (1) When a defendant is convicted of first degree

HB4327- 452 -LRB103 34892 RLC 64759 b
1 murder, after having been previously convicted in Illinois
2 of any offense listed under paragraph (c)(2) of Section
3 5-5-3 (730 ILCS 5/5-5-3), when that conviction has
4 occurred within 10 years after the previous conviction,
5 excluding time spent in custody, and the charges are
6 separately brought and tried and arise out of different
7 series of acts.
8 (1.5) When a defendant is convicted of first degree
9 murder, after having been previously convicted of domestic
10 battery (720 ILCS 5/12-3.2) or aggravated domestic battery
11 (720 ILCS 5/12-3.3) committed on the same victim or after
12 having been previously convicted of violation of an order
13 of protection (720 ILCS 5/12-30) in which the same victim
14 was the protected person.
15 (2) When a defendant is convicted of voluntary
16 manslaughter, second degree murder, involuntary
17 manslaughter, or reckless homicide in which the defendant
18 has been convicted of causing the death of more than one
19 individual.
20 (3) When a defendant is convicted of aggravated
21 criminal sexual assault or criminal sexual assault, when
22 there is a finding that aggravated criminal sexual assault
23 or criminal sexual assault was also committed on the same
24 victim by one or more other individuals, and the defendant
25 voluntarily participated in the crime with the knowledge
26 of the participation of the others in the crime, and the

HB4327- 453 -LRB103 34892 RLC 64759 b
1 commission of the crime was part of a single course of
2 conduct during which there was no substantial change in
3 the nature of the criminal objective.
4 (4) If the victim was under 18 years of age at the time
5 of the commission of the offense, when a defendant is
6 convicted of aggravated criminal sexual assault or
7 predatory criminal sexual assault of a child under
8 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
9 of Section 12-14.1 of the Criminal Code of 1961 or the
10 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
11 (5) When a defendant is convicted of a felony
12 violation of Section 24-1 of the Criminal Code of 1961 or
13 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
14 finding that the defendant is a member of an organized
15 gang.
16 (6) When a defendant was convicted of unlawful use of
17 weapons under Section 24-1 of the Criminal Code of 1961 or
18 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
19 a weapon that is not readily distinguishable as one of the
20 weapons enumerated in Section 24-1 of the Criminal Code of
21 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
22 (7) When a defendant is convicted of an offense
23 involving the illegal manufacture of a controlled
24 substance under Section 401 of the Illinois Controlled
25 Substances Act (720 ILCS 570/401), the illegal manufacture
26 of methamphetamine under Section 25 of the Methamphetamine

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

HB4327- 455 -LRB103 34892 RLC 64759 b
1 (e) The court may impose an extended term sentence under
2Article 4.5 of Chapter V upon an offender who has been
3convicted of a felony violation of Section 11-1.20, 11-1.30,
411-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
512-16 of the Criminal Code of 1961 or the Criminal Code of 2012
6when the victim of the offense is under 18 years of age at the
7time of the commission of the offense and, during the
8commission of the offense, the victim was under the influence
9of alcohol, regardless of whether or not the alcohol was
10supplied by the offender; and the offender, at the time of the
11commission of the offense, knew or should have known that the
12victim had consumed alcohol.
13(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
14101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
158-20-21; 102-982, eff. 7-1-23.)
16 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
17 Sec. 5-6-3. Conditions of probation and of conditional
18discharge.
19 (a) The conditions of probation and of conditional
20discharge shall be that the person:
21 (1) not violate any criminal statute of any
22 jurisdiction;
23 (2) report to or appear in person before such person
24 or agency as directed by the court;
25 (3) refrain from possessing a firearm or other

HB4327- 456 -LRB103 34892 RLC 64759 b
1 dangerous weapon where the offense is a felony or, if a
2 misdemeanor, the offense involved the intentional or
3 knowing infliction of bodily harm or threat of bodily
4 harm;
5 (4) not leave the State without the consent of the
6 court or, in circumstances in which the reason for the
7 absence is of such an emergency nature that prior consent
8 by the court is not possible, without the prior
9 notification and approval of the person's probation
10 officer. Transfer of a person's probation or conditional
11 discharge supervision to another state is subject to
12 acceptance by the other state pursuant to the Interstate
13 Compact for Adult Offender Supervision;
14 (5) permit the probation officer to visit him at his
15 home or elsewhere to the extent necessary to discharge his
16 duties;
17 (6) perform no less than 30 hours of community service
18 and not more than 120 hours of community service, if
19 community service is available in the jurisdiction and is
20 funded and approved by the county board where the offense
21 was committed, where the offense was related to or in
22 furtherance of the criminal activities of an organized
23 gang and was motivated by the offender's membership in or
24 allegiance to an organized gang. The community service
25 shall include, but not be limited to, the cleanup and
26 repair of any damage caused by a violation of Section

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1 21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2 2012 and similar damage to property located within the
3 municipality or county in which the violation occurred.
4 When possible and reasonable, the community service should
5 be performed in the offender's neighborhood. For purposes
6 of this Section, "organized gang" has the meaning ascribed
7 to it in Section 10 of the Illinois Streetgang Terrorism
8 Omnibus Prevention Act. The court may give credit toward
9 the fulfillment of community service hours for
10 participation in activities and treatment as determined by
11 court services;
12 (7) if he or she is at least 17 years of age and has
13 been sentenced to probation or conditional discharge for a
14 misdemeanor or felony in a county of 3,000,000 or more
15 inhabitants and has not been previously convicted of a
16 misdemeanor or felony, may be required by the sentencing
17 court to attend educational courses designed to prepare
18 the defendant for a high school diploma and to work toward
19 a high school diploma or to work toward passing high
20 school equivalency testing or to work toward completing a
21 vocational training program approved by the court. The
22 person on probation or conditional discharge must attend a
23 public institution of education to obtain the educational
24 or vocational training required by this paragraph (7). The
25 court shall revoke the probation or conditional discharge
26 of a person who willfully fails to comply with this

HB4327- 458 -LRB103 34892 RLC 64759 b
1 paragraph (7). The person on probation or conditional
2 discharge shall be required to pay for the cost of the
3 educational courses or high school equivalency testing if
4 a fee is charged for those courses or testing. The court
5 shall resentence the offender whose probation or
6 conditional discharge has been revoked as provided in
7 Section 5-6-4. This paragraph (7) does not apply to a
8 person who has a high school diploma or has successfully
9 passed high school equivalency testing. This paragraph (7)
10 does not apply to a person who is determined by the court
11 to be a person with a developmental disability or
12 otherwise mentally incapable of completing the educational
13 or vocational program;
14 (8) if convicted of possession of a substance
15 prohibited by the Cannabis Control Act, the Illinois
16 Controlled Substances Act, or the Methamphetamine Control
17 and Community Protection Act after a previous conviction
18 or disposition of supervision for possession of a
19 substance prohibited by the Cannabis Control Act or
20 Illinois Controlled Substances Act or after a sentence of
21 probation under Section 10 of the Cannabis Control Act,
22 Section 410 of the Illinois Controlled Substances Act, or
23 Section 70 of the Methamphetamine Control and Community
24 Protection Act and upon a finding by the court that the
25 person is addicted, undergo treatment at a substance abuse
26 program approved by the court;

HB4327- 459 -LRB103 34892 RLC 64759 b
1 (8.5) if convicted of a felony sex offense as defined
2 in the Sex Offender Management Board Act, the person shall
3 undergo and successfully complete sex offender treatment
4 by a treatment provider approved by the Board and
5 conducted in conformance with the standards developed
6 under the Sex Offender Management Board Act;
7 (8.6) if convicted of a sex offense as defined in the
8 Sex Offender Management Board Act, refrain from residing
9 at the same address or in the same condominium unit or
10 apartment unit or in the same condominium complex or
11 apartment complex with another person he or she knows or
12 reasonably should know is a convicted sex offender or has
13 been placed on supervision for a sex offense; the
14 provisions of this paragraph do not apply to a person
15 convicted of a sex offense who is placed in a Department of
16 Corrections licensed transitional housing facility for sex
17 offenders;
18 (8.7) if convicted for an offense committed on or
19 after June 1, 2008 (the effective date of Public Act
20 95-464) that would qualify the accused as a child sex
21 offender as defined in Section 11-9.3 or 11-9.4 of the
22 Criminal Code of 1961 or the Criminal Code of 2012,
23 refrain from communicating with or contacting, by means of
24 the Internet, a person who is not related to the accused
25 and whom the accused reasonably believes to be under 18
26 years of age; for purposes of this paragraph (8.7),

HB4327- 460 -LRB103 34892 RLC 64759 b
1 "Internet" has the meaning ascribed to it in Section
2 16-0.1 of the Criminal Code of 2012; and a person is not
3 related to the accused if the person is not: (i) the
4 spouse, brother, or sister of the accused; (ii) a
5 descendant of the accused; (iii) a first or second cousin
6 of the accused; or (iv) a step-child or adopted child of
7 the accused;
8 (8.8) if convicted for an offense under Section 11-6,
9 11-9.1, 11-14.4 that involves soliciting for a juvenile
10 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
11 of the Criminal Code of 1961 or the Criminal Code of 2012,
12 or any attempt to commit any of these offenses, committed
13 on or after June 1, 2009 (the effective date of Public Act
14 95-983):
15 (i) not access or use a computer or any other
16 device with Internet capability without the prior
17 written approval of the offender's probation officer,
18 except in connection with the offender's employment or
19 search for employment with the prior approval of the
20 offender's probation officer;
21 (ii) submit to periodic unannounced examinations
22 of the offender's computer or any other device with
23 Internet capability by the offender's probation
24 officer, a law enforcement officer, or assigned
25 computer or information technology specialist,
26 including the retrieval and copying of all data from

HB4327- 461 -LRB103 34892 RLC 64759 b
1 the computer or device and any internal or external
2 peripherals and removal of such information,
3 equipment, or device to conduct a more thorough
4 inspection;
5 (iii) submit to the installation on the offender's
6 computer or device with Internet capability, at the
7 offender's expense, of one or more hardware or
8 software systems to monitor the Internet use; and
9 (iv) submit to any other appropriate restrictions
10 concerning the offender's use of or access to a
11 computer or any other device with Internet capability
12 imposed by the offender's probation officer;
13 (8.9) if convicted of a sex offense as defined in the
14 Sex Offender Registration Act committed on or after
15 January 1, 2010 (the effective date of Public Act 96-262),
16 refrain from accessing or using a social networking
17 website as defined in Section 17-0.5 of the Criminal Code
18 of 2012;
19 (9) if convicted of a felony or of any misdemeanor
20 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
21 12-3.5 of the Criminal Code of 1961 or the Criminal Code of
22 2012 that was determined, pursuant to Section 112A-11.1 of
23 the Code of Criminal Procedure of 1963, to trigger the
24 prohibitions of 18 U.S.C. 922(g)(9), physically surrender
25 at a time and place designated by the court, his or her
26 Firearm Owner's Identification Card and any and all

HB4327- 462 -LRB103 34892 RLC 64759 b
1 firearms in his or her possession. The Court shall return
2 to the Illinois State Police Firearm Owner's
3 Identification Card Office the person's Firearm Owner's
4 Identification Card;
5 (10) if convicted of a sex offense as defined in
6 subsection (a-5) of Section 3-1-2 of this Code, unless the
7 offender is a parent or guardian of the person under 18
8 years of age present in the home and no non-familial
9 minors are present, not participate in a holiday event
10 involving children under 18 years of age, such as
11 distributing candy or other items to children on
12 Halloween, wearing a Santa Claus costume on or preceding
13 Christmas, being employed as a department store Santa
14 Claus, or wearing an Easter Bunny costume on or preceding
15 Easter;
16 (11) if convicted of a sex offense as defined in
17 Section 2 of the Sex Offender Registration Act committed
18 on or after January 1, 2010 (the effective date of Public
19 Act 96-362) that requires the person to register as a sex
20 offender under that Act, may not knowingly use any
21 computer scrub software on any computer that the sex
22 offender uses;
23 (12) if convicted of a violation of the
24 Methamphetamine Control and Community Protection Act, the
25 Methamphetamine Precursor Control Act, or a
26 methamphetamine related offense:

HB4327- 463 -LRB103 34892 RLC 64759 b
1 (A) prohibited from purchasing, possessing, or
2 having under his or her control any product containing
3 pseudoephedrine unless prescribed by a physician; and
4 (B) prohibited from purchasing, possessing, or
5 having under his or her control any product containing
6 ammonium nitrate; and
7 (13) if convicted of a hate crime involving the
8 protected class identified in subsection (a) of Section
9 12-7.1 of the Criminal Code of 2012 that gave rise to the
10 offense the offender committed, perform public or
11 community service of no less than 200 hours and enroll in
12 an educational program discouraging hate crimes that
13 includes racial, ethnic, and cultural sensitivity training
14 ordered by the court.
15 (b) The Court may in addition to other reasonable
16conditions relating to the nature of the offense or the
17rehabilitation of the defendant as determined for each
18defendant in the proper discretion of the Court require that
19the person:
20 (1) serve a term of periodic imprisonment under
21 Article 7 for a period not to exceed that specified in
22 paragraph (d) of Section 5-7-1;
23 (2) pay a fine and costs;
24 (3) work or pursue a course of study or vocational
25 training;
26 (4) undergo medical, psychological or psychiatric

HB4327- 464 -LRB103 34892 RLC 64759 b
1 treatment; or treatment for drug addiction or alcoholism;
2 (5) attend or reside in a facility established for the
3 instruction or residence of defendants on probation;
4 (6) support his dependents;
5 (7) and in addition, if a minor:
6 (i) reside with his parents or in a foster home;
7 (ii) attend school;
8 (iii) attend a non-residential program for youth;
9 (iv) contribute to his own support at home or in a
10 foster home;
11 (v) with the consent of the superintendent of the
12 facility, attend an educational program at a facility
13 other than the school in which the offense was
14 committed if he or she is convicted of a crime of
15 violence as defined in Section 2 of the Crime Victims
16 Compensation Act committed in a school, on the real
17 property comprising a school, or within 1,000 feet of
18 the real property comprising a school;
19 (8) make restitution as provided in Section 5-5-6 of
20 this Code;
21 (9) perform some reasonable public or community
22 service;
23 (10) serve a term of home confinement. In addition to
24 any other applicable condition of probation or conditional
25 discharge, the conditions of home confinement shall be
26 that the offender:

HB4327- 465 -LRB103 34892 RLC 64759 b
1 (i) remain within the interior premises of the
2 place designated for his confinement during the hours
3 designated by the court;
4 (ii) admit any person or agent designated by the
5 court into the offender's place of confinement at any
6 time for purposes of verifying the offender's
7 compliance with the conditions of his confinement; and
8 (iii) if further deemed necessary by the court or
9 the Probation or Court Services Department, be placed
10 on an approved electronic monitoring device, subject
11 to Article 8A of Chapter V;
12 (iv) for persons convicted of any alcohol,
13 cannabis or controlled substance violation who are
14 placed on an approved monitoring device as a condition
15 of probation or conditional discharge, the court shall
16 impose a reasonable fee for each day of the use of the
17 device, as established by the county board in
18 subsection (g) of this Section, unless after
19 determining the inability of the offender to pay the
20 fee, the court assesses a lesser fee or no fee as the
21 case may be. This fee shall be imposed in addition to
22 the fees imposed under subsections (g) and (i) of this
23 Section. The fee shall be collected by the clerk of the
24 circuit court, except as provided in an administrative
25 order of the Chief Judge of the circuit court. The
26 clerk of the circuit court shall pay all monies

HB4327- 466 -LRB103 34892 RLC 64759 b
1 collected from this fee to the county treasurer for
2 deposit in the substance abuse services fund under
3 Section 5-1086.1 of the Counties Code, except as
4 provided in an administrative order of the Chief Judge
5 of the circuit court.
6 The Chief Judge of the circuit court of the county
7 may by administrative order establish a program for
8 electronic monitoring of offenders, in which a vendor
9 supplies and monitors the operation of the electronic
10 monitoring device, and collects the fees on behalf of
11 the county. The program shall include provisions for
12 indigent offenders and the collection of unpaid fees.
13 The program shall not unduly burden the offender and
14 shall be subject to review by the Chief Judge.
15 The Chief Judge of the circuit court may suspend
16 any additional charges or fees for late payment,
17 interest, or damage to any device; and
18 (v) for persons convicted of offenses other than
19 those referenced in clause (iv) above and who are
20 placed on an approved monitoring device as a condition
21 of probation or conditional discharge, the court shall
22 impose a reasonable fee for each day of the use of the
23 device, as established by the county board in
24 subsection (g) of this Section, unless after
25 determining the inability of the defendant to pay the
26 fee, the court assesses a lesser fee or no fee as the

HB4327- 467 -LRB103 34892 RLC 64759 b
1 case may be. This fee shall be imposed in addition to
2 the fees imposed under subsections (g) and (i) of this
3 Section. The fee shall be collected by the clerk of the
4 circuit court, except as provided in an administrative
5 order of the Chief Judge of the circuit court. The
6 clerk of the circuit court shall pay all monies
7 collected from this fee to the county treasurer who
8 shall use the monies collected to defray the costs of
9 corrections. The county treasurer shall deposit the
10 fee collected in the probation and court services
11 fund. The Chief Judge of the circuit court of the
12 county may by administrative order establish a program
13 for electronic monitoring of offenders, in which a
14 vendor supplies and monitors the operation of the
15 electronic monitoring device, and collects the fees on
16 behalf of the county. The program shall include
17 provisions for indigent offenders and the collection
18 of unpaid fees. The program shall not unduly burden
19 the offender and shall be subject to review by the
20 Chief Judge.
21 The Chief Judge of the circuit court may suspend
22 any additional charges or fees for late payment,
23 interest, or damage to any device.
24 (11) comply with the terms and conditions of an order
25 of protection issued by the court pursuant to the Illinois
26 Domestic Violence Act of 1986, as now or hereafter

HB4327- 468 -LRB103 34892 RLC 64759 b
1 amended, or an order of protection issued by the court of
2 another state, tribe, or United States territory. A copy
3 of the order of protection shall be transmitted to the
4 probation officer or agency having responsibility for the
5 case;
6 (12) reimburse any "local anti-crime program" as
7 defined in Section 7 of the Anti-Crime Advisory Council
8 Act for any reasonable expenses incurred by the program on
9 the offender's case, not to exceed the maximum amount of
10 the fine authorized for the offense for which the
11 defendant was sentenced;
12 (13) contribute a reasonable sum of money, not to
13 exceed the maximum amount of the fine authorized for the
14 offense for which the defendant was sentenced, (i) to a
15 "local anti-crime program", as defined in Section 7 of the
16 Anti-Crime Advisory Council Act, or (ii) for offenses
17 under the jurisdiction of the Department of Natural
18 Resources, to the fund established by the Department of
19 Natural Resources for the purchase of evidence for
20 investigation purposes and to conduct investigations as
21 outlined in Section 805-105 of the Department of Natural
22 Resources (Conservation) Law;
23 (14) refrain from entering into a designated
24 geographic area except upon such terms as the court finds
25 appropriate. Such terms may include consideration of the
26 purpose of the entry, the time of day, other persons

HB4327- 469 -LRB103 34892 RLC 64759 b
1 accompanying the defendant, and advance approval by a
2 probation officer, if the defendant has been placed on
3 probation or advance approval by the court, if the
4 defendant was placed on conditional discharge;
5 (15) refrain from having any contact, directly or
6 indirectly, with certain specified persons or particular
7 types of persons, including but not limited to members of
8 street gangs and drug users or dealers;
9 (16) refrain from having in his or her body the
10 presence of any illicit drug prohibited by the Cannabis
11 Control Act, the Illinois Controlled Substances Act, or
12 the Methamphetamine Control and Community Protection Act,
13 unless prescribed by a physician, and submit samples of
14 his or her blood or urine or both for tests to determine
15 the presence of any illicit drug;
16 (17) if convicted for an offense committed on or after
17 June 1, 2008 (the effective date of Public Act 95-464)
18 that would qualify the accused as a child sex offender as
19 defined in Section 11-9.3 or 11-9.4 of the Criminal Code
20 of 1961 or the Criminal Code of 2012, refrain from
21 communicating with or contacting, by means of the
22 Internet, a person who is related to the accused and whom
23 the accused reasonably believes to be under 18 years of
24 age; for purposes of this paragraph (17), "Internet" has
25 the meaning ascribed to it in Section 16-0.1 of the
26 Criminal Code of 2012; and a person is related to the

HB4327- 470 -LRB103 34892 RLC 64759 b
1 accused if the person is: (i) the spouse, brother, or
2 sister of the accused; (ii) a descendant of the accused;
3 (iii) a first or second cousin of the accused; or (iv) a
4 step-child or adopted child of the accused;
5 (18) if convicted for an offense committed on or after
6 June 1, 2009 (the effective date of Public Act 95-983)
7 that would qualify as a sex offense as defined in the Sex
8 Offender Registration Act:
9 (i) not access or use a computer or any other
10 device with Internet capability without the prior
11 written approval of the offender's probation officer,
12 except in connection with the offender's employment or
13 search for employment with the prior approval of the
14 offender's probation officer;
15 (ii) submit to periodic unannounced examinations
16 of the offender's computer or any other device with
17 Internet capability by the offender's probation
18 officer, a law enforcement officer, or assigned
19 computer or information technology specialist,
20 including the retrieval and copying of all data from
21 the computer or device and any internal or external
22 peripherals and removal of such information,
23 equipment, or device to conduct a more thorough
24 inspection;
25 (iii) submit to the installation on the offender's
26 computer or device with Internet capability, at the

HB4327- 471 -LRB103 34892 RLC 64759 b
1 subject's expense, of one or more hardware or software
2 systems to monitor the Internet use; and
3 (iv) submit to any other appropriate restrictions
4 concerning the offender's use of or access to a
5 computer or any other device with Internet capability
6 imposed by the offender's probation officer; and
7 (19) refrain from possessing a firearm or other
8 dangerous weapon where the offense is a misdemeanor that
9 did not involve the intentional or knowing infliction of
10 bodily harm or threat of bodily harm.
11 (c) The court may as a condition of probation or of
12conditional discharge require that a person under 18 years of
13age found guilty of any alcohol, cannabis or controlled
14substance violation, refrain from acquiring a driver's license
15during the period of probation or conditional discharge. If
16such person is in possession of a permit or license, the court
17may require that the minor refrain from driving or operating
18any motor vehicle during the period of probation or
19conditional discharge, except as may be necessary in the
20course of the minor's lawful employment.
21 (d) An offender sentenced to probation or to conditional
22discharge shall be given a certificate setting forth the
23conditions thereof.
24 (e) Except where the offender has committed a fourth or
25subsequent violation of subsection (c) of Section 6-303 of the
26Illinois Vehicle Code, the court shall not require as a

HB4327- 472 -LRB103 34892 RLC 64759 b
1condition of the sentence of probation or conditional
2discharge that the offender be committed to a period of
3imprisonment in excess of 6 months. This 6-month limit shall
4not include periods of confinement given pursuant to a
5sentence of county impact incarceration under Section 5-8-1.2.
6 Persons committed to imprisonment as a condition of
7probation or conditional discharge shall not be committed to
8the Department of Corrections.
9 (f) The court may combine a sentence of periodic
10imprisonment under Article 7 or a sentence to a county impact
11incarceration program under Article 8 with a sentence of
12probation or conditional discharge.
13 (g) An offender sentenced to probation or to conditional
14discharge and who during the term of either undergoes
15mandatory drug or alcohol testing, or both, or is assigned to
16be placed on an approved electronic monitoring device, shall
17be ordered to pay all costs incidental to such mandatory drug
18or alcohol testing, or both, and all costs incidental to such
19approved electronic monitoring in accordance with the
20defendant's ability to pay those costs. The county board with
21the concurrence of the Chief Judge of the judicial circuit in
22which the county is located shall establish reasonable fees
23for the cost of maintenance, testing, and incidental expenses
24related to the mandatory drug or alcohol testing, or both, and
25all costs incidental to approved electronic monitoring,
26involved in a successful probation program for the county. The

HB4327- 473 -LRB103 34892 RLC 64759 b
1concurrence of the Chief Judge shall be in the form of an
2administrative order. The fees shall be collected by the clerk
3of the circuit court, except as provided in an administrative
4order of the Chief Judge of the circuit court. The clerk of the
5circuit court shall pay all moneys collected from these fees
6to the county treasurer who shall use the moneys collected to
7defray the costs of drug testing, alcohol testing, and
8electronic monitoring. The county treasurer shall deposit the
9fees collected in the county working cash fund under Section
106-27001 or Section 6-29002 of the Counties Code, as the case
11may be. The Chief Judge of the circuit court of the county may
12by administrative order establish a program for electronic
13monitoring of offenders, in which a vendor supplies and
14monitors the operation of the electronic monitoring device,
15and collects the fees on behalf of the county. The program
16shall include provisions for indigent offenders and the
17collection of unpaid fees. The program shall not unduly burden
18the offender and shall be subject to review by the Chief Judge.
19 The Chief Judge of the circuit court may suspend any
20additional charges or fees for late payment, interest, or
21damage to any device.
22 (h) Jurisdiction over an offender may be transferred from
23the sentencing court to the court of another circuit with the
24concurrence of both courts. Further transfers or retransfers
25of jurisdiction are also authorized in the same manner. The
26court to which jurisdiction has been transferred shall have

HB4327- 474 -LRB103 34892 RLC 64759 b
1the same powers as the sentencing court. The probation
2department within the circuit to which jurisdiction has been
3transferred, or which has agreed to provide supervision, may
4impose probation fees upon receiving the transferred offender,
5as provided in subsection (i). For all transfer cases, as
6defined in Section 9b of the Probation and Probation Officers
7Act, the probation department from the original sentencing
8court shall retain all probation fees collected prior to the
9transfer. After the transfer, all probation fees shall be paid
10to the probation department within the circuit to which
11jurisdiction has been transferred.
12 (i) The court shall impose upon an offender sentenced to
13probation after January 1, 1989 or to conditional discharge
14after January 1, 1992 or to community service under the
15supervision of a probation or court services department after
16January 1, 2004, as a condition of such probation or
17conditional discharge or supervised community service, a fee
18of $50 for each month of probation or conditional discharge
19supervision or supervised community service ordered by the
20court, unless after determining the inability of the person
21sentenced to probation or conditional discharge or supervised
22community service to pay the fee, the court assesses a lesser
23fee. The court may not impose the fee on a minor who is placed
24in the guardianship or custody of the Department of Children
25and Family Services under the Juvenile Court Act of 1987 while
26the minor is in placement. The fee shall be imposed only upon

HB4327- 475 -LRB103 34892 RLC 64759 b
1an offender who is actively supervised by the probation and
2court services department. The fee shall be collected by the
3clerk of the circuit court. The clerk of the circuit court
4shall pay all monies collected from this fee to the county
5treasurer for deposit in the probation and court services fund
6under Section 15.1 of the Probation and Probation Officers
7Act.
8 A circuit court may not impose a probation fee under this
9subsection (i) in excess of $25 per month unless the circuit
10court has adopted, by administrative order issued by the chief
11judge, a standard probation fee guide determining an
12offender's ability to pay. Of the amount collected as a
13probation fee, up to $5 of that fee collected per month may be
14used to provide services to crime victims and their families.
15 The Court may only waive probation fees based on an
16offender's ability to pay. The probation department may
17re-evaluate an offender's ability to pay every 6 months, and,
18with the approval of the Director of Court Services or the
19Chief Probation Officer, adjust the monthly fee amount. An
20offender may elect to pay probation fees due in a lump sum. Any
21offender that has been assigned to the supervision of a
22probation department, or has been transferred either under
23subsection (h) of this Section or under any interstate
24compact, shall be required to pay probation fees to the
25department supervising the offender, based on the offender's
26ability to pay.

HB4327- 476 -LRB103 34892 RLC 64759 b
1 Public Act 93-970 deletes the $10 increase in the fee
2under this subsection that was imposed by Public Act 93-616.
3This deletion is intended to control over any other Act of the
493rd General Assembly that retains or incorporates that fee
5increase.
6 (i-5) In addition to the fees imposed under subsection (i)
7of this Section, in the case of an offender convicted of a
8felony sex offense (as defined in the Sex Offender Management
9Board Act) or an offense that the court or probation
10department has determined to be sexually motivated (as defined
11in the Sex Offender Management Board Act), the court or the
12probation department shall assess additional fees to pay for
13all costs of treatment, assessment, evaluation for risk and
14treatment, and monitoring the offender, based on that
15offender's ability to pay those costs either as they occur or
16under a payment plan.
17 (j) All fines and costs imposed under this Section for any
18violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
19Code, or a similar provision of a local ordinance, and any
20violation of the Child Passenger Protection Act, or a similar
21provision of a local ordinance, shall be collected and
22disbursed by the circuit clerk as provided under the Criminal
23and Traffic Assessment Act.
24 (k) Any offender who is sentenced to probation or
25conditional discharge for a felony sex offense as defined in
26the Sex Offender Management Board Act or any offense that the

HB4327- 477 -LRB103 34892 RLC 64759 b
1court or probation department has determined to be sexually
2motivated as defined in the Sex Offender Management Board Act
3shall be required to refrain from any contact, directly or
4indirectly, with any persons specified by the court and shall
5be available for all evaluations and treatment programs
6required by the court or the probation department.
7 (l) The court may order an offender who is sentenced to
8probation or conditional discharge for a violation of an order
9of protection be placed under electronic surveillance as
10provided in Section 5-8A-7 of this Code.
11(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
12 (730 ILCS 5/3-2-13 rep.)
13 Section 180. The Unified Code of Corrections is amended by
14repealing Section 3-2-13.
15 Section 185. The Probation and Probation Officers Act is
16amended by changing Section 15.2 as follows:
17 (730 ILCS 110/15.2)
18 Sec. 15.2. Retiring probation officer; purchase of service
19firearm and badge. Each department shall establish a program
20to allow a probation officer of the department who is
21honorably retiring in good standing to purchase either one or
22both of the following: (1) any badge previously issued to the
23probation officer by the department; or (2) if the probation

HB4327- 478 -LRB103 34892 RLC 64759 b
1officer has a currently valid Firearm Owner's Identification
2Card, the service firearm issued or previously issued to the
3probation officer by the department. The badge must be
4permanently and conspicuously marked in such a manner that the
5individual who possesses the badge is not mistaken for an
6actively serving law enforcement officer. The cost of the
7firearm shall be the replacement value of the firearm and not
8the firearm's fair market value.
9(Source: P.A. 102-719, eff. 5-6-22.)
10 Section 190. The Stalking No Contact Order Act is amended
11by changing Section 80 as follows:
12 (740 ILCS 21/80)
13 Sec. 80. Stalking no contact orders; remedies.
14 (a) If the court finds that the petitioner has been a
15victim of stalking, a stalking no contact order shall issue;
16provided that the petitioner must also satisfy the
17requirements of Section 95 on emergency orders or Section 100
18on plenary orders. The petitioner shall not be denied a
19stalking no contact order because the petitioner or the
20respondent is a minor. The court, when determining whether or
21not to issue a stalking no contact order, may not require
22physical injury on the person of the petitioner. Modification
23and extension of prior stalking no contact orders shall be in
24accordance with this Act.

HB4327- 479 -LRB103 34892 RLC 64759 b
1 (b) A stalking no contact order shall order one or more of
2the following:
3 (1) prohibit the respondent from threatening to commit
4 or committing stalking;
5 (2) order the respondent not to have any contact with
6 the petitioner or a third person specifically named by the
7 court;
8 (3) prohibit the respondent from knowingly coming
9 within, or knowingly remaining within a specified distance
10 of the petitioner or the petitioner's residence, school,
11 daycare, or place of employment, or any specified place
12 frequented by the petitioner; however, the court may order
13 the respondent to stay away from the respondent's own
14 residence, school, or place of employment only if the
15 respondent has been provided actual notice of the
16 opportunity to appear and be heard on the petition;
17 (4) prohibit the respondent from possessing a Firearm
18 Owners Identification Card, or possessing or buying
19 firearms; and
20 (5) order other injunctive relief the court determines
21 to be necessary to protect the petitioner or third party
22 specifically named by the court.
23 (b-5) When the petitioner and the respondent attend the
24same public, private, or non-public elementary, middle, or
25high school, the court when issuing a stalking no contact
26order and providing relief shall consider the severity of the

HB4327- 480 -LRB103 34892 RLC 64759 b
1act, any continuing physical danger or emotional distress to
2the petitioner, the educational rights guaranteed to the
3petitioner and respondent under federal and State law, the
4availability of a transfer of the respondent to another
5school, a change of placement or a change of program of the
6respondent, the expense, difficulty, and educational
7disruption that would be caused by a transfer of the
8respondent to another school, and any other relevant facts of
9the case. The court may order that the respondent not attend
10the public, private, or non-public elementary, middle, or high
11school attended by the petitioner, order that the respondent
12accept a change of placement or program, as determined by the
13school district or private or non-public school, or place
14restrictions on the respondent's movements within the school
15attended by the petitioner. The respondent bears the burden of
16proving by a preponderance of the evidence that a transfer,
17change of placement, or change of program of the respondent is
18not available. The respondent also bears the burden of
19production with respect to the expense, difficulty, and
20educational disruption that would be caused by a transfer of
21the respondent to another school. A transfer, change of
22placement, or change of program is not unavailable to the
23respondent solely on the ground that the respondent does not
24agree with the school district's or private or non-public
25school's transfer, change of placement, or change of program
26or solely on the ground that the respondent fails or refuses to

HB4327- 481 -LRB103 34892 RLC 64759 b
1consent to or otherwise does not take an action required to
2effectuate a transfer, change of placement, or change of
3program. When a court orders a respondent to stay away from the
4public, private, or non-public school attended by the
5petitioner and the respondent requests a transfer to another
6attendance center within the respondent's school district or
7private or non-public school, the school district or private
8or non-public school shall have sole discretion to determine
9the attendance center to which the respondent is transferred.
10In the event the court order results in a transfer of the minor
11respondent to another attendance center, a change in the
12respondent's placement, or a change of the respondent's
13program, the parents, guardian, or legal custodian of the
14respondent is responsible for transportation and other costs
15associated with the transfer or change.
16 (b-6) The court may order the parents, guardian, or legal
17custodian of a minor respondent to take certain actions or to
18refrain from taking certain actions to ensure that the
19respondent complies with the order. In the event the court
20orders a transfer of the respondent to another school, the
21parents, guardian, or legal custodian of the respondent are
22responsible for transportation and other costs associated with
23the change of school by the respondent.
24 (b-7) The court shall not hold a school district or
25private or non-public school or any of its employees in civil
26or criminal contempt unless the school district or private or

HB4327- 482 -LRB103 34892 RLC 64759 b
1non-public school has been allowed to intervene.
2 (b-8) The court may hold the parents, guardian, or legal
3custodian of a minor respondent in civil or criminal contempt
4for a violation of any provision of any order entered under
5this Act for conduct of the minor respondent in violation of
6this Act if the parents, guardian, or legal custodian
7directed, encouraged, or assisted the respondent minor in such
8conduct.
9 (c) The court may award the petitioner costs and attorneys
10fees if a stalking no contact order is granted.
11 (d) Monetary damages are not recoverable as a remedy.
12 (e) If the stalking no contact order prohibits the
13respondent from possessing a Firearm Owner's Identification
14Card, or possessing or buying firearms; the court shall
15confiscate the respondent's firearms Firearm Owner's
16Identification Card and immediately return the card to the
17Illinois State Police Firearm Owner's Identification Card
18Office.
19(Source: P.A. 102-538, eff. 8-20-21.)
20 Section 195. The Mental Health and Developmental
21Disabilities Confidentiality Act is amended by changing
22Section 12 as follows:
23 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
24 Sec. 12. (a) If the United States Secret Service or the

HB4327- 483 -LRB103 34892 RLC 64759 b
1Illinois State Police requests information from a mental
2health or developmental disability facility, as defined in
3Section 1-107 and 1-114 of the Mental Health and Developmental
4Disabilities Code, relating to a specific recipient and the
5facility director determines that disclosure of such
6information may be necessary to protect the life of, or to
7prevent the infliction of great bodily harm to, a public
8official, or a person under the protection of the United
9States Secret Service, only the following information may be
10disclosed: the recipient's name, address, and age and the date
11of any admission to or discharge from a facility; and any
12information which would indicate whether or not the recipient
13has a history of violence or presents a danger of violence to
14the person under protection. Any information so disclosed
15shall be used for investigative purposes only and shall not be
16publicly disseminated. Any person participating in good faith
17in the disclosure of such information in accordance with this
18provision shall have immunity from any liability, civil,
19criminal or otherwise, if such information is disclosed
20relying upon the representation of an officer of the United
21States Secret Service or the Illinois State Police that a
22person is under the protection of the United States Secret
23Service or is a public official.
24 For the purpose of this subsection (a), the term "public
25official" means the Governor, Lieutenant Governor, Attorney
26General, Secretary of State, State Comptroller, State

HB4327- 484 -LRB103 34892 RLC 64759 b
1Treasurer, member of the General Assembly, member of the
2United States Congress, Judge of the United States as defined
3in 28 U.S.C. 451, Justice of the United States as defined in 28
4U.S.C. 451, United States Magistrate Judge as defined in 28
5U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
6Supreme, Appellate, Circuit, or Associate Judge of the State
7of Illinois. The term shall also include the spouse, child or
8children of a public official.
9 (b) The Department of Human Services (acting as successor
10to the Department of Mental Health and Developmental
11Disabilities) and all public or private hospitals and mental
12health facilities are required, as hereafter described in this
13subsection, to furnish the Illinois State Police only such
14information as may be required for the sole purpose of
15determining whether an individual who may be or may have been a
16patient is disqualified because of that status from receiving
17or retaining a firearm under paragraph (4) of subsection (a)
18of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's
19Identification Card or falls within the federal prohibitors
20under subsection (e), (f), (g), (r), (s), or (t) of Section 8
21of the Firearm Owners Identification Card Act, or falls within
22the federal prohibitors in 18 U.S.C. 922(g) and (n). All
23physicians, clinical psychologists, or qualified examiners at
24public or private mental health facilities or parts thereof as
25defined in this subsection shall, in the form and manner
26required by the Department, provide notice directly to the

HB4327- 485 -LRB103 34892 RLC 64759 b
1Department of Human Services, or to his or her employer who
2shall then report to the Department, within 24 hours after
3determining that a person poses a clear and present danger to
4himself, herself, or others, or within 7 days after a person 14
5years or older is determined to be a person with a
6developmental disability by a physician, clinical
7psychologist, or qualified examiner as described in this
8subsection (b) Section 1.1 of the Firearm Owners
9Identification Card Act. If a person is a patient as described
10in clause (2)(A) (1) of the definition of "patient" in this
11subsection Section 1.1 of the Firearm Owners Identification
12Card Act, this information shall be furnished within 7 days
13after admission to a public or private hospital or mental
14health facility or the provision of services. Any such
15information disclosed under this subsection shall remain
16privileged and confidential, and shall not be redisclosed,
17except as required by clause (e)(2) of Section 24-4.5 of the
18Criminal Code of 2012 subsection (e) of Section 3.1 of the
19Firearm Owners Identification Card Act, nor utilized for any
20other purpose. The method of requiring the providing of such
21information shall guarantee that no information is released
22beyond what is necessary for this purpose. In addition, the
23information disclosed shall be provided by the Department
24within the time period established by Section 24-3 of the
25Criminal Code of 2012 regarding the delivery of firearms. The
26method used shall be sufficient to provide the necessary

HB4327- 486 -LRB103 34892 RLC 64759 b
1information within the prescribed time period, which may
2include periodically providing lists to the Department of
3Human Services or any public or private hospital or mental
4health facility of Firearm Owner's Identification Card
5applicants for firearm purchases on which the Department or
6hospital shall indicate the identities of those individuals
7who are to its knowledge disqualified from having a firearm
8Firearm Owner's Identification Card for reasons described
9herein. The Department may provide for a centralized source of
10information for the State on this subject under its
11jurisdiction. The identity of the person reporting under this
12subsection shall not be disclosed to the subject of the
13report. For the purposes of this subsection, the physician,
14clinical psychologist, or qualified examiner making the
15determination and his or her employer shall not be held
16criminally, civilly, or professionally liable for making or
17not making the notification required under this subsection,
18except for willful or wanton misconduct.
19 Any person, institution, or agency, under this Act,
20participating in good faith in the reporting or disclosure of
21records and communications otherwise in accordance with this
22provision or with rules, regulations or guidelines issued by
23the Department shall have immunity from any liability, civil,
24criminal or otherwise, that might result by reason of the
25action. For the purpose of any proceeding, civil or criminal,
26arising out of a report or disclosure in accordance with this

HB4327- 487 -LRB103 34892 RLC 64759 b
1provision, the good faith of any person, institution, or
2agency so reporting or disclosing shall be presumed. The full
3extent of the immunity provided in this subsection (b) shall
4apply to any person, institution or agency that fails to make a
5report or disclosure in the good faith belief that the report
6or disclosure would violate federal regulations governing the
7confidentiality of alcohol and drug abuse patient records
8implementing 42 U.S.C. 290dd-3 and 290ee-3.
9 For purposes of this subsection (b) only, the following
10terms shall have the meaning prescribed:
11 (1) (Blank).
12 (1.3) "Clear and present danger" has the meaning as
13 defined in Section 6-103.3 of the Mental Health and
14 Developmental Disabilities Code 1.1 of the Firearm Owners
15 Identification Card Act.
16 (1.5) "Person with a developmental disability" has the
17 meaning as defined in Section 6-103.3 of the Mental Health
18 and Developmental Disabilities Code 1.1 of the Firearm
19 Owners Identification Card Act.
20 (2) "Patient" means (A) a person who voluntarily
21 receives mental health treatment as an in-patient or
22 resident of any public or private mental health facility,
23 unless the treatment was solely for an alcohol abuse
24 disorder and no other secondary substance abuse disorder
25 or mental illness; or (B) a person who voluntarily
26 receives mental health treatment as an out-patient or is

HB4327- 488 -LRB103 34892 RLC 64759 b
1 provided services by a public or private mental health
2 facility, and who poses a clear and present danger to
3 himself, herself, or to others has the meaning as defined
4 in Section 1.1 of the Firearm Owners Identification Card
5 Act.
6 (3) "Mental health facility" means any licensed
7 private hospital or hospital affiliate, institution, or
8 facility, or part thereof, and any facility, or part
9 thereof, operated by the State or a political subdivision
10 thereof which provide treatment of persons with mental
11 illness and includes all hospitals, institutions, clinics,
12 evaluation facilities, mental health centers, colleges,
13 universities, long-term care facilities, and nursing
14 homes, or parts thereof, which provide treatment of
15 persons with mental illness whether or not the primary
16 purpose is to provide treatment of persons with mental
17 illness has the meaning as defined in Section 1.1 of the
18 Firearm Owners Identification Card Act.
19 (c) Upon the request of a peace officer who takes a person
20into custody and transports such person to a mental health or
21developmental disability facility pursuant to Section 3-606 or
224-404 of the Mental Health and Developmental Disabilities Code
23or who transports a person from such facility, a facility
24director shall furnish said peace officer the name, address,
25age and name of the nearest relative of the person transported
26to or from the mental health or developmental disability

HB4327- 489 -LRB103 34892 RLC 64759 b
1facility. In no case shall the facility director disclose to
2the peace officer any information relating to the diagnosis,
3treatment or evaluation of the person's mental or physical
4health.
5 For the purposes of this subsection (c), the terms "mental
6health or developmental disability facility", "peace officer"
7and "facility director" shall have the meanings ascribed to
8them in the Mental Health and Developmental Disabilities Code.
9 (d) Upon the request of a peace officer or prosecuting
10authority who is conducting a bona fide investigation of a
11criminal offense, or attempting to apprehend a fugitive from
12justice, a facility director may disclose whether a person is
13present at the facility. Upon request of a peace officer or
14prosecuting authority who has a valid forcible felony warrant
15issued, a facility director shall disclose: (1) whether the
16person who is the subject of the warrant is present at the
17facility and (2) the date of that person's discharge or future
18discharge from the facility. The requesting peace officer or
19prosecuting authority must furnish a case number and the
20purpose of the investigation or an outstanding arrest warrant
21at the time of the request. Any person, institution, or agency
22participating in good faith in disclosing such information in
23accordance with this subsection (d) is immune from any
24liability, civil, criminal or otherwise, that might result by
25reason of the action.
26(Source: P.A. 102-538, eff. 8-20-21.)

HB4327- 490 -LRB103 34892 RLC 64759 b
1 Section 200. The Illinois Domestic Violence Act of 1986 is
2amended by changing Sections 210 and 214 as follows:
3 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)
4 Sec. 210. Process.
5 (a) Summons. Any action for an order of protection,
6whether commenced alone or in conjunction with another
7proceeding, is a distinct cause of action and requires that a
8separate summons be issued and served, except that in pending
9cases the following methods may be used:
10 (1) By delivery of the summons to respondent
11 personally in open court in pending civil or criminal
12 cases.
13 (2) By notice in accordance with Section 210.1 in
14 civil cases in which the defendant has filed a general
15 appearance.
16 The summons shall be in the form prescribed by Supreme
17Court Rule 101(d), except that it shall require respondent to
18answer or appear within 7 days. Attachments to the summons or
19notice shall include the petition for order of protection and
20supporting affidavits, if any, and any emergency order of
21protection that has been issued. The enforcement of an order
22of protection under Section 223 shall not be affected by the
23lack of service, delivery, or notice, provided the
24requirements of subsection (d) of that Section are otherwise

HB4327- 491 -LRB103 34892 RLC 64759 b
1met.
2 (b) Blank.
3 (c) Expedited service. The summons shall be served by the
4sheriff or other law enforcement officer at the earliest time
5and shall take precedence over other summonses except those of
6a similar emergency nature. Special process servers may be
7appointed at any time, and their designation shall not affect
8the responsibilities and authority of the sheriff or other
9official process servers. In counties with a population over
103,000,000, a special process server may not be appointed if
11the order of protection grants the surrender of a child, the
12surrender of a firearm or firearm owners identification card,
13or the exclusive possession of a shared residence.
14 (d) Remedies requiring actual notice. The counseling,
15payment of support, payment of shelter services, and payment
16of losses remedies provided by paragraphs 4, 12, 13, and 16 of
17subsection (b) of Section 214 may be granted only if
18respondent has been personally served with process, has
19answered or has made a general appearance.
20 (e) Remedies upon constructive notice. Service of process
21on a member of respondent's household or by publication shall
22be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
236, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
24214, but only if: (i) petitioner has made all reasonable
25efforts to accomplish actual service of process personally
26upon respondent, but respondent cannot be found to effect such

HB4327- 492 -LRB103 34892 RLC 64759 b
1service and (ii) petitioner files an affidavit or presents
2sworn testimony as to those efforts.
3 (f) Default. A plenary order of protection may be entered
4by default as follows:
5 (1) For any of the remedies sought in the petition, if
6 respondent has been served or given notice in accordance
7 with subsection (a) and if respondent then fails to appear
8 as directed or fails to appear on any subsequent
9 appearance or hearing date agreed to by the parties or set
10 by the court; or
11 (2) For any of the remedies provided in accordance
12 with subsection (e), if respondent fails to answer or
13 appear in accordance with the date set in the publication
14 notice or the return date indicated on the service of a
15 household member.
16 (g) Emergency orders. If an order is granted under
17subsection (c) of Section 217, the court shall immediately
18file a certified copy of the order with the sheriff or other
19law enforcement official charged with maintaining Department
20of State Police records.
21(Source: P.A. 101-508, eff. 1-1-20.)
22 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
23 Sec. 214. Order of protection; remedies.
24 (a) Issuance of order. If the court finds that petitioner
25has been abused by a family or household member or that

HB4327- 493 -LRB103 34892 RLC 64759 b
1petitioner is a high-risk adult who has been abused,
2neglected, or exploited, as defined in this Act, an order of
3protection prohibiting the abuse, neglect, or exploitation
4shall issue; provided that petitioner must also satisfy the
5requirements of one of the following Sections, as appropriate:
6Section 217 on emergency orders, Section 218 on interim
7orders, or Section 219 on plenary orders. Petitioner shall not
8be denied an order of protection because petitioner or
9respondent is a minor. The court, when determining whether or
10not to issue an order of protection, shall not require
11physical manifestations of abuse on the person of the victim.
12Modification and extension of prior orders of protection shall
13be in accordance with this Act.
14 (b) Remedies and standards. The remedies to be included in
15an order of protection shall be determined in accordance with
16this Section and one of the following Sections, as
17appropriate: Section 217 on emergency orders, Section 218 on
18interim orders, and Section 219 on plenary orders. The
19remedies listed in this subsection shall be in addition to
20other civil or criminal remedies available to petitioner.
21 (1) Prohibition of abuse, neglect, or exploitation.
22 Prohibit respondent's harassment, interference with
23 personal liberty, intimidation of a dependent, physical
24 abuse, or willful deprivation, neglect or exploitation, as
25 defined in this Act, or stalking of the petitioner, as
26 defined in Section 12-7.3 of the Criminal Code of 2012, if

HB4327- 494 -LRB103 34892 RLC 64759 b
1 such abuse, neglect, exploitation, or stalking has
2 occurred or otherwise appears likely to occur if not
3 prohibited.
4 (2) Grant of exclusive possession of residence.
5 Prohibit respondent from entering or remaining in any
6 residence, household, or premises of the petitioner,
7 including one owned or leased by respondent, if petitioner
8 has a right to occupancy thereof. The grant of exclusive
9 possession of the residence, household, or premises shall
10 not affect title to real property, nor shall the court be
11 limited by the standard set forth in subsection (c-2) of
12 Section 501 of the Illinois Marriage and Dissolution of
13 Marriage Act.
14 (A) Right to occupancy. A party has a right to
15 occupancy of a residence or household if it is solely
16 or jointly owned or leased by that party, that party's
17 spouse, a person with a legal duty to support that
18 party or a minor child in that party's care, or by any
19 person or entity other than the opposing party that
20 authorizes that party's occupancy (e.g., a domestic
21 violence shelter). Standards set forth in subparagraph
22 (B) shall not preclude equitable relief.
23 (B) Presumption of hardships. If petitioner and
24 respondent each has the right to occupancy of a
25 residence or household, the court shall balance (i)
26 the hardships to respondent and any minor child or

HB4327- 495 -LRB103 34892 RLC 64759 b
1 dependent adult in respondent's care resulting from
2 entry of this remedy with (ii) the hardships to
3 petitioner and any minor child or dependent adult in
4 petitioner's care resulting from continued exposure to
5 the risk of abuse (should petitioner remain at the
6 residence or household) or from loss of possession of
7 the residence or household (should petitioner leave to
8 avoid the risk of abuse). When determining the balance
9 of hardships, the court shall also take into account
10 the accessibility of the residence or household.
11 Hardships need not be balanced if respondent does not
12 have a right to occupancy.
13 The balance of hardships is presumed to favor
14 possession by petitioner unless the presumption is
15 rebutted by a preponderance of the evidence, showing
16 that the hardships to respondent substantially
17 outweigh the hardships to petitioner and any minor
18 child or dependent adult in petitioner's care. The
19 court, on the request of petitioner or on its own
20 motion, may order respondent to provide suitable,
21 accessible, alternate housing for petitioner instead
22 of excluding respondent from a mutual residence or
23 household.
24 (3) Stay away order and additional prohibitions. Order
25 respondent to stay away from petitioner or any other
26 person protected by the order of protection, or prohibit

HB4327- 496 -LRB103 34892 RLC 64759 b
1 respondent from entering or remaining present at
2 petitioner's school, place of employment, or other
3 specified places at times when petitioner is present, or
4 both, if reasonable, given the balance of hardships.
5 Hardships need not be balanced for the court to enter a
6 stay away order or prohibit entry if respondent has no
7 right to enter the premises.
8 (A) If an order of protection grants petitioner
9 exclusive possession of the residence, or prohibits
10 respondent from entering the residence, or orders
11 respondent to stay away from petitioner or other
12 protected persons, then the court may allow respondent
13 access to the residence to remove items of clothing
14 and personal adornment used exclusively by respondent,
15 medications, and other items as the court directs. The
16 right to access shall be exercised on only one
17 occasion as the court directs and in the presence of an
18 agreed-upon adult third party or law enforcement
19 officer.
20 (B) When the petitioner and the respondent attend
21 the same public, private, or non-public elementary,
22 middle, or high school, the court when issuing an
23 order of protection and providing relief shall
24 consider the severity of the act, any continuing
25 physical danger or emotional distress to the
26 petitioner, the educational rights guaranteed to the

HB4327- 497 -LRB103 34892 RLC 64759 b
1 petitioner and respondent under federal and State law,
2 the availability of a transfer of the respondent to
3 another school, a change of placement or a change of
4 program of the respondent, the expense, difficulty,
5 and educational disruption that would be caused by a
6 transfer of the respondent to another school, and any
7 other relevant facts of the case. The court may order
8 that the respondent not attend the public, private, or
9 non-public elementary, middle, or high school attended
10 by the petitioner, order that the respondent accept a
11 change of placement or change of program, as
12 determined by the school district or private or
13 non-public school, or place restrictions on the
14 respondent's movements within the school attended by
15 the petitioner. The respondent bears the burden of
16 proving by a preponderance of the evidence that a
17 transfer, change of placement, or change of program of
18 the respondent is not available. The respondent also
19 bears the burden of production with respect to the
20 expense, difficulty, and educational disruption that
21 would be caused by a transfer of the respondent to
22 another school. A transfer, change of placement, or
23 change of program is not unavailable to the respondent
24 solely on the ground that the respondent does not
25 agree with the school district's or private or
26 non-public school's transfer, change of placement, or

HB4327- 498 -LRB103 34892 RLC 64759 b
1 change of program or solely on the ground that the
2 respondent fails or refuses to consent or otherwise
3 does not take an action required to effectuate a
4 transfer, change of placement, or change of program.
5 When a court orders a respondent to stay away from the
6 public, private, or non-public school attended by the
7 petitioner and the respondent requests a transfer to
8 another attendance center within the respondent's
9 school district or private or non-public school, the
10 school district or private or non-public school shall
11 have sole discretion to determine the attendance
12 center to which the respondent is transferred. In the
13 event the court order results in a transfer of the
14 minor respondent to another attendance center, a
15 change in the respondent's placement, or a change of
16 the respondent's program, the parents, guardian, or
17 legal custodian of the respondent is responsible for
18 transportation and other costs associated with the
19 transfer or change.
20 (C) The court may order the parents, guardian, or
21 legal custodian of a minor respondent to take certain
22 actions or to refrain from taking certain actions to
23 ensure that the respondent complies with the order. In
24 the event the court orders a transfer of the
25 respondent to another school, the parents, guardian,
26 or legal custodian of the respondent is responsible

HB4327- 499 -LRB103 34892 RLC 64759 b
1 for transportation and other costs associated with the
2 change of school by the respondent.
3 (4) Counseling. Require or recommend the respondent to
4 undergo counseling for a specified duration with a social
5 worker, psychologist, clinical psychologist,
6 psychiatrist, family service agency, alcohol or substance
7 abuse program, mental health center guidance counselor,
8 agency providing services to elders, program designed for
9 domestic violence abusers or any other guidance service
10 the court deems appropriate. The Court may order the
11 respondent in any intimate partner relationship to report
12 to an Illinois Department of Human Services protocol
13 approved partner abuse intervention program for an
14 assessment and to follow all recommended treatment.
15 (5) Physical care and possession of the minor child.
16 In order to protect the minor child from abuse, neglect,
17 or unwarranted separation from the person who has been the
18 minor child's primary caretaker, or to otherwise protect
19 the well-being of the minor child, the court may do either
20 or both of the following: (i) grant petitioner physical
21 care or possession of the minor child, or both, or (ii)
22 order respondent to return a minor child to, or not remove
23 a minor child from, the physical care of a parent or person
24 in loco parentis.
25 If a court finds, after a hearing, that respondent has
26 committed abuse (as defined in Section 103) of a minor

HB4327- 500 -LRB103 34892 RLC 64759 b
1 child, there shall be a rebuttable presumption that
2 awarding physical care to respondent would not be in the
3 minor child's best interest.
4 (6) Temporary allocation of parental responsibilities:
5 significant decision-making. Award temporary
6 decision-making responsibility to petitioner in accordance
7 with this Section, the Illinois Marriage and Dissolution
8 of Marriage Act, the Illinois Parentage Act of 2015, and
9 this State's Uniform Child-Custody Jurisdiction and
10 Enforcement Act.
11 If a court finds, after a hearing, that respondent has
12 committed abuse (as defined in Section 103) of a minor
13 child, there shall be a rebuttable presumption that
14 awarding temporary significant decision-making
15 responsibility to respondent would not be in the child's
16 best interest.
17 (7) Parenting time. Determine the parenting time, if
18 any, of respondent in any case in which the court awards
19 physical care or allocates temporary significant
20 decision-making responsibility of a minor child to
21 petitioner. The court shall restrict or deny respondent's
22 parenting time with a minor child if the court finds that
23 respondent has done or is likely to do any of the
24 following: (i) abuse or endanger the minor child during
25 parenting time; (ii) use the parenting time as an
26 opportunity to abuse or harass petitioner or petitioner's

HB4327- 501 -LRB103 34892 RLC 64759 b
1 family or household members; (iii) improperly conceal or
2 detain the minor child; or (iv) otherwise act in a manner
3 that is not in the best interests of the minor child. The
4 court shall not be limited by the standards set forth in
5 Section 603.10 of the Illinois Marriage and Dissolution of
6 Marriage Act. If the court grants parenting time, the
7 order shall specify dates and times for the parenting time
8 to take place or other specific parameters or conditions
9 that are appropriate. No order for parenting time shall
10 refer merely to the term "reasonable parenting time".
11 Petitioner may deny respondent access to the minor
12 child if, when respondent arrives for parenting time,
13 respondent is under the influence of drugs or alcohol and
14 constitutes a threat to the safety and well-being of
15 petitioner or petitioner's minor children or is behaving
16 in a violent or abusive manner.
17 If necessary to protect any member of petitioner's
18 family or household from future abuse, respondent shall be
19 prohibited from coming to petitioner's residence to meet
20 the minor child for parenting time, and the parties shall
21 submit to the court their recommendations for reasonable
22 alternative arrangements for parenting time. A person may
23 be approved to supervise parenting time only after filing
24 an affidavit accepting that responsibility and
25 acknowledging accountability to the court.
26 (8) Removal or concealment of minor child. Prohibit

HB4327- 502 -LRB103 34892 RLC 64759 b
1 respondent from removing a minor child from the State or
2 concealing the child within the State.
3 (9) Order to appear. Order the respondent to appear in
4 court, alone or with a minor child, to prevent abuse,
5 neglect, removal or concealment of the child, to return
6 the child to the custody or care of the petitioner or to
7 permit any court-ordered interview or examination of the
8 child or the respondent.
9 (10) Possession of personal property. Grant petitioner
10 exclusive possession of personal property and, if
11 respondent has possession or control, direct respondent to
12 promptly make it available to petitioner, if:
13 (i) petitioner, but not respondent, owns the
14 property; or
15 (ii) the parties own the property jointly; sharing
16 it would risk abuse of petitioner by respondent or is
17 impracticable; and the balance of hardships favors
18 temporary possession by petitioner.
19 If petitioner's sole claim to ownership of the
20 property is that it is marital property, the court may
21 award petitioner temporary possession thereof under the
22 standards of subparagraph (ii) of this paragraph only if a
23 proper proceeding has been filed under the Illinois
24 Marriage and Dissolution of Marriage Act, as now or
25 hereafter amended.
26 No order under this provision shall affect title to

HB4327- 503 -LRB103 34892 RLC 64759 b
1 property.
2 (11) Protection of property. Forbid the respondent
3 from taking, transferring, encumbering, concealing,
4 damaging or otherwise disposing of any real or personal
5 property, except as explicitly authorized by the court,
6 if:
7 (i) petitioner, but not respondent, owns the
8 property; or
9 (ii) the parties own the property jointly, and the
10 balance of hardships favors granting this remedy.
11 If petitioner's sole claim to ownership of the
12 property is that it is marital property, the court may
13 grant petitioner relief under subparagraph (ii) of this
14 paragraph only if a proper proceeding has been filed under
15 the Illinois Marriage and Dissolution of Marriage Act, as
16 now or hereafter amended.
17 The court may further prohibit respondent from
18 improperly using the financial or other resources of an
19 aged member of the family or household for the profit or
20 advantage of respondent or of any other person.
21 (11.5) Protection of animals. Grant the petitioner the
22 exclusive care, custody, or control of any animal owned,
23 possessed, leased, kept, or held by either the petitioner
24 or the respondent or a minor child residing in the
25 residence or household of either the petitioner or the
26 respondent and order the respondent to stay away from the

HB4327- 504 -LRB103 34892 RLC 64759 b
1 animal and forbid the respondent from taking,
2 transferring, encumbering, concealing, harming, or
3 otherwise disposing of the animal.
4 (12) Order for payment of support. Order respondent to
5 pay temporary support for the petitioner or any child in
6 the petitioner's care or over whom the petitioner has been
7 allocated parental responsibility, when the respondent has
8 a legal obligation to support that person, in accordance
9 with the Illinois Marriage and Dissolution of Marriage
10 Act, which shall govern, among other matters, the amount
11 of support, payment through the clerk and withholding of
12 income to secure payment. An order for child support may
13 be granted to a petitioner with lawful physical care of a
14 child, or an order or agreement for physical care of a
15 child, prior to entry of an order allocating significant
16 decision-making responsibility. Such a support order shall
17 expire upon entry of a valid order allocating parental
18 responsibility differently and vacating the petitioner's
19 significant decision-making authority, unless otherwise
20 provided in the order.
21 (13) Order for payment of losses. Order respondent to
22 pay petitioner for losses suffered as a direct result of
23 the abuse, neglect, or exploitation. Such losses shall
24 include, but not be limited to, medical expenses, lost
25 earnings or other support, repair or replacement of
26 property damaged or taken, reasonable attorney's fees,

HB4327- 505 -LRB103 34892 RLC 64759 b
1 court costs and moving or other travel expenses, including
2 additional reasonable expenses for temporary shelter and
3 restaurant meals.
4 (i) Losses affecting family needs. If a party is
5 entitled to seek maintenance, child support or
6 property distribution from the other party under the
7 Illinois Marriage and Dissolution of Marriage Act, as
8 now or hereafter amended, the court may order
9 respondent to reimburse petitioner's actual losses, to
10 the extent that such reimbursement would be
11 "appropriate temporary relief", as authorized by
12 subsection (a)(3) of Section 501 of that Act.
13 (ii) Recovery of expenses. In the case of an
14 improper concealment or removal of a minor child, the
15 court may order respondent to pay the reasonable
16 expenses incurred or to be incurred in the search for
17 and recovery of the minor child, including but not
18 limited to legal fees, court costs, private
19 investigator fees, and travel costs.
20 (14) Prohibition of entry. Prohibit the respondent
21 from entering or remaining in the residence or household
22 while the respondent is under the influence of alcohol or
23 drugs and constitutes a threat to the safety and
24 well-being of the petitioner or the petitioner's children.
25 (14.5) Prohibition of firearm possession.
26 (a) Prohibit a respondent against whom an order of

HB4327- 506 -LRB103 34892 RLC 64759 b
1 protection was issued from possessing any firearms
2 during the duration of the order if the order:
3 (1) was issued after a hearing of which such
4 person received actual notice, and at which such
5 person had an opportunity to participate;
6 (2) restrains such person from harassing,
7 stalking, or threatening an intimate partner of
8 such person or child of such intimate partner or
9 person, or engaging in other conduct that would
10 place an intimate partner in reasonable fear of
11 bodily injury to the partner or child; and
12 (3)(i) includes a finding that such person
13 represents a credible threat to the physical
14 safety of such intimate partner or child; or (ii)
15 by its terms explicitly prohibits the use,
16 attempted use, or threatened use of physical force
17 against such intimate partner or child that would
18 reasonably be expected to cause bodily injury.
19 Any Firearm Owner's Identification Card in the
20 possession of the respondent, except as provided in
21 subsection (b), shall be ordered by the court to be
22 turned over to the local law enforcement agency. The
23 local law enforcement agency shall immediately mail
24 the card to the Illinois State Police Firearm Owner's
25 Identification Card Office for safekeeping. The court
26 shall issue a warrant for seizure of any firearm in the

HB4327- 507 -LRB103 34892 RLC 64759 b
1 possession of the respondent, to be kept by the local
2 law enforcement agency for safekeeping, except as
3 provided in subsection (b). The period of safekeeping
4 shall be for the duration of the order of protection.
5 The firearm or firearms and Firearm Owner's
6 Identification Card, if unexpired, shall at the
7 respondent's request, be returned to the respondent at
8 the end of the order of protection. It is the
9 respondent's responsibility to notify the Illinois
10 State Police Firearm Owner's Identification Card
11 Office.
12 (b) If the respondent is a peace officer as
13 defined in Section 2-13 of the Criminal Code of 2012,
14 the court shall order that any firearms used by the
15 respondent in the performance of his or her duties as a
16 peace officer be surrendered to the chief law
17 enforcement executive of the agency in which the
18 respondent is employed, who shall retain the firearms
19 for safekeeping for the duration of the order of
20 protection.
21 (c) Upon expiration of the period of safekeeping,
22 if the firearms or Firearm Owner's Identification Card
23 cannot be returned to respondent because respondent
24 cannot be located, fails to respond to requests to
25 retrieve the firearms, or is not lawfully eligible to
26 possess a firearm, upon petition from the local law

HB4327- 508 -LRB103 34892 RLC 64759 b
1 enforcement agency, the court may order the local law
2 enforcement agency to destroy the firearms, use the
3 firearms for training purposes, or for any other
4 application as deemed appropriate by the local law
5 enforcement agency; or that the firearms be turned
6 over to a third party who is lawfully eligible to
7 possess firearms, and who does not reside with
8 respondent.
9 (15) Prohibition of access to records. If an order of
10 protection prohibits respondent from having contact with
11 the minor child, or if petitioner's address is omitted
12 under subsection (b) of Section 203, or if necessary to
13 prevent abuse or wrongful removal or concealment of a
14 minor child, the order shall deny respondent access to,
15 and prohibit respondent from inspecting, obtaining, or
16 attempting to inspect or obtain, school or any other
17 records of the minor child who is in the care of
18 petitioner.
19 (16) Order for payment of shelter services. Order
20 respondent to reimburse a shelter providing temporary
21 housing and counseling services to the petitioner for the
22 cost of the services, as certified by the shelter and
23 deemed reasonable by the court.
24 (17) Order for injunctive relief. Enter injunctive
25 relief necessary or appropriate to prevent further abuse
26 of a family or household member or further abuse, neglect,

HB4327- 509 -LRB103 34892 RLC 64759 b
1 or exploitation of a high-risk adult with disabilities or
2 to effectuate one of the granted remedies, if supported by
3 the balance of hardships. If the harm to be prevented by
4 the injunction is abuse or any other harm that one of the
5 remedies listed in paragraphs (1) through (16) of this
6 subsection is designed to prevent, no further evidence is
7 necessary that the harm is an irreparable injury.
8 (18) Telephone services.
9 (A) Unless a condition described in subparagraph
10 (B) of this paragraph exists, the court may, upon
11 request by the petitioner, order a wireless telephone
12 service provider to transfer to the petitioner the
13 right to continue to use a telephone number or numbers
14 indicated by the petitioner and the financial
15 responsibility associated with the number or numbers,
16 as set forth in subparagraph (C) of this paragraph.
17 For purposes of this paragraph (18), the term
18 "wireless telephone service provider" means a provider
19 of commercial mobile service as defined in 47 U.S.C.
20 332. The petitioner may request the transfer of each
21 telephone number that the petitioner, or a minor child
22 in his or her custody, uses. The clerk of the court
23 shall serve the order on the wireless telephone
24 service provider's agent for service of process
25 provided to the Illinois Commerce Commission. The
26 order shall contain all of the following:

HB4327- 510 -LRB103 34892 RLC 64759 b
1 (i) The name and billing telephone number of
2 the account holder including the name of the
3 wireless telephone service provider that serves
4 the account.
5 (ii) Each telephone number that will be
6 transferred.
7 (iii) A statement that the provider transfers
8 to the petitioner all financial responsibility for
9 and right to the use of any telephone number
10 transferred under this paragraph.
11 (B) A wireless telephone service provider shall
12 terminate the respondent's use of, and shall transfer
13 to the petitioner use of, the telephone number or
14 numbers indicated in subparagraph (A) of this
15 paragraph unless it notifies the petitioner, within 72
16 hours after it receives the order, that one of the
17 following applies:
18 (i) The account holder named in the order has
19 terminated the account.
20 (ii) A difference in network technology would
21 prevent or impair the functionality of a device on
22 a network if the transfer occurs.
23 (iii) The transfer would cause a geographic or
24 other limitation on network or service provision
25 to the petitioner.
26 (iv) Another technological or operational

HB4327- 511 -LRB103 34892 RLC 64759 b
1 issue would prevent or impair the use of the
2 telephone number if the transfer occurs.
3 (C) The petitioner assumes all financial
4 responsibility for and right to the use of any
5 telephone number transferred under this paragraph. In
6 this paragraph, "financial responsibility" includes
7 monthly service costs and costs associated with any
8 mobile device associated with the number.
9 (D) A wireless telephone service provider may
10 apply to the petitioner its routine and customary
11 requirements for establishing an account or
12 transferring a number, including requiring the
13 petitioner to provide proof of identification,
14 financial information, and customer preferences.
15 (E) Except for willful or wanton misconduct, a
16 wireless telephone service provider is immune from
17 civil liability for its actions taken in compliance
18 with a court order issued under this paragraph.
19 (F) All wireless service providers that provide
20 services to residential customers shall provide to the
21 Illinois Commerce Commission the name and address of
22 an agent for service of orders entered under this
23 paragraph (18). Any change in status of the registered
24 agent must be reported to the Illinois Commerce
25 Commission within 30 days of such change.
26 (G) The Illinois Commerce Commission shall

HB4327- 512 -LRB103 34892 RLC 64759 b
1 maintain the list of registered agents for service for
2 each wireless telephone service provider on the
3 Commission's website. The Commission may consult with
4 wireless telephone service providers and the Circuit
5 Court Clerks on the manner in which this information
6 is provided and displayed.
7 (c) Relevant factors; findings.
8 (1) In determining whether to grant a specific remedy,
9 other than payment of support, the court shall consider
10 relevant factors, including but not limited to the
11 following:
12 (i) the nature, frequency, severity, pattern and
13 consequences of the respondent's past abuse, neglect
14 or exploitation of the petitioner or any family or
15 household member, including the concealment of his or
16 her location in order to evade service of process or
17 notice, and the likelihood of danger of future abuse,
18 neglect, or exploitation to petitioner or any member
19 of petitioner's or respondent's family or household;
20 and
21 (ii) the danger that any minor child will be
22 abused or neglected or improperly relocated from the
23 jurisdiction, improperly concealed within the State or
24 improperly separated from the child's primary
25 caretaker.
26 (2) In comparing relative hardships resulting to the

HB4327- 513 -LRB103 34892 RLC 64759 b
1 parties from loss of possession of the family home, the
2 court shall consider relevant factors, including but not
3 limited to the following:
4 (i) availability, accessibility, cost, safety,
5 adequacy, location and other characteristics of
6 alternate housing for each party and any minor child
7 or dependent adult in the party's care;
8 (ii) the effect on the party's employment; and
9 (iii) the effect on the relationship of the party,
10 and any minor child or dependent adult in the party's
11 care, to family, school, church and community.
12 (3) Subject to the exceptions set forth in paragraph
13 (4) of this subsection, the court shall make its findings
14 in an official record or in writing, and shall at a minimum
15 set forth the following:
16 (i) That the court has considered the applicable
17 relevant factors described in paragraphs (1) and (2)
18 of this subsection.
19 (ii) Whether the conduct or actions of respondent,
20 unless prohibited, will likely cause irreparable harm
21 or continued abuse.
22 (iii) Whether it is necessary to grant the
23 requested relief in order to protect petitioner or
24 other alleged abused persons.
25 (4) For purposes of issuing an ex parte emergency
26 order of protection, the court, as an alternative to or as

HB4327- 514 -LRB103 34892 RLC 64759 b
1 a supplement to making the findings described in
2 paragraphs (c)(3)(i) through (c)(3)(iii) of this
3 subsection, may use the following procedure:
4 When a verified petition for an emergency order of
5 protection in accordance with the requirements of Sections
6 203 and 217 is presented to the court, the court shall
7 examine petitioner on oath or affirmation. An emergency
8 order of protection shall be issued by the court if it
9 appears from the contents of the petition and the
10 examination of petitioner that the averments are
11 sufficient to indicate abuse by respondent and to support
12 the granting of relief under the issuance of the emergency
13 order of protection.
14 (5) Never married parties. No rights or
15 responsibilities for a minor child born outside of
16 marriage attach to a putative father until a father and
17 child relationship has been established under the Illinois
18 Parentage Act of 1984, the Illinois Parentage Act of 2015,
19 the Illinois Public Aid Code, Section 12 of the Vital
20 Records Act, the Juvenile Court Act of 1987, the Probate
21 Act of 1975, the Revised Uniform Reciprocal Enforcement of
22 Support Act, the Uniform Interstate Family Support Act,
23 the Expedited Child Support Act of 1990, any judicial,
24 administrative, or other act of another state or
25 territory, any other Illinois statute, or by any foreign
26 nation establishing the father and child relationship, any

HB4327- 515 -LRB103 34892 RLC 64759 b
1 other proceeding substantially in conformity with the
2 Personal Responsibility and Work Opportunity
3 Reconciliation Act of 1996 (Pub. L. 104-193), or where
4 both parties appeared in open court or at an
5 administrative hearing acknowledging under oath or
6 admitting by affirmation the existence of a father and
7 child relationship. Absent such an adjudication, finding,
8 or acknowledgment, no putative father shall be granted
9 temporary allocation of parental responsibilities,
10 including parenting time with the minor child, or physical
11 care and possession of the minor child, nor shall an order
12 of payment for support of the minor child be entered.
13 (d) Balance of hardships; findings. If the court finds
14that the balance of hardships does not support the granting of
15a remedy governed by paragraph (2), (3), (10), (11), or (16) of
16subsection (b) of this Section, which may require such
17balancing, the court's findings shall so indicate and shall
18include a finding as to whether granting the remedy will
19result in hardship to respondent that would substantially
20outweigh the hardship to petitioner from denial of the remedy.
21The findings shall be an official record or in writing.
22 (e) Denial of remedies. Denial of any remedy shall not be
23based, in whole or in part, on evidence that:
24 (1) Respondent has cause for any use of force, unless
25 that cause satisfies the standards for justifiable use of
26 force provided by Article 7 of the Criminal Code of 2012;

HB4327- 516 -LRB103 34892 RLC 64759 b
1 (2) Respondent was voluntarily intoxicated;
2 (3) Petitioner acted in self-defense or defense of
3 another, provided that, if petitioner utilized force, such
4 force was justifiable under Article 7 of the Criminal Code
5 of 2012;
6 (4) Petitioner did not act in self-defense or defense
7 of another;
8 (5) Petitioner left the residence or household to
9 avoid further abuse, neglect, or exploitation by
10 respondent;
11 (6) Petitioner did not leave the residence or
12 household to avoid further abuse, neglect, or exploitation
13 by respondent;
14 (7) Conduct by any family or household member excused
15 the abuse, neglect, or exploitation by respondent, unless
16 that same conduct would have excused such abuse, neglect,
17 or exploitation if the parties had not been family or
18 household members.
19(Source: P.A. 102-538, eff. 8-20-21.)
20 Section 205. The Revised Uniform Unclaimed Property Act is
21amended by changing Section 15-705 as follows:
22 (765 ILCS 1026/15-705)
23 Sec. 15-705. Exceptions to the sale of tangible property.
24The administrator shall dispose of tangible property

HB4327- 517 -LRB103 34892 RLC 64759 b
1identified by this Section in accordance with this Section.
2 (a) Military medals or decorations. The administrator may
3not sell a medal or decoration awarded for military service in
4the armed forces of the United States. Instead, the
5administrator, with the consent of the respective organization
6under paragraph (1), agency under paragraph (2), or entity
7under paragraph (3), may deliver a medal or decoration to be
8held in custody for the owner, to:
9 (1) a military veterans organization qualified under
10 Section 501(c)(19) of the Internal Revenue Code;
11 (2) the agency that awarded the medal or decoration;
12 or
13 (3) a governmental entity.
14 After delivery, the administrator is not responsible for
15the safekeeping of the medal or decoration.
16 (b) Property with historical value. Property that the
17administrator reasonably believes may have historical value
18may be, at his or her discretion, loaned to an accredited
19museum in the United States where it will be kept until such
20time as the administrator orders it to be returned to his or
21her custody.
22 (c) Human remains. If human remains are delivered to the
23administrator under this Act, the administrator shall deliver
24those human remains to the coroner of the county in which the
25human remains were abandoned for disposition under Section
263-3034 of the Counties Code. The only human remains that may be

HB4327- 518 -LRB103 34892 RLC 64759 b
1delivered to the administrator under this Act and that the
2administrator may receive are those that are reported and
3delivered as contents of a safe deposit box.
4 (d) Evidence in a criminal investigation. Property that
5may have been used in the commission of a crime or that may
6assist in the investigation of a crime, as determined after
7consulting with the Illinois State Police, shall be delivered
8to the Illinois State Police or other appropriate law
9enforcement authority to allow law enforcement to determine
10whether a criminal investigation should take place. Any such
11property delivered to a law enforcement authority shall be
12held in accordance with existing statutes and rules related to
13the gathering, retention, and release of evidence.
14 (e) Firearms.
15 (1) The administrator, in cooperation with the
16 Illinois State Police, shall develop a procedure to
17 determine whether a firearm delivered to the administrator
18 under this Act has been stolen or used in the commission of
19 a crime. The Illinois State Police shall determine the
20 appropriate disposition of a firearm that has been stolen
21 or used in the commission of a crime. The administrator
22 shall attempt to return a firearm that has not been stolen
23 or used in the commission of a crime to the rightful owner
24 if the Illinois State Police determines that the owner may
25 lawfully possess the firearm.
26 (2) If the administrator is unable to return a firearm

HB4327- 519 -LRB103 34892 RLC 64759 b
1 to its owner, the administrator shall transfer custody of
2 the firearm to the Illinois State Police. Legal title to a
3 firearm transferred to the Illinois State Police under
4 this subsection (e) is vested in the Illinois State Police
5 by operation of law if:
6 (i) the administrator cannot locate the owner of
7 the firearm;
8 (ii) the owner of the firearm may not lawfully
9 possess the firearm;
10 (iii) the apparent owner does not respond to
11 notice published under Section 15-503 of this Act; or
12 (iv) the apparent owner responds to notice
13 published under Section 15-502 and states that he or
14 she no longer claims an interest in the firearm.
15 (3) With respect to a firearm whose title is
16 transferred to the Illinois State Police under this
17 subsection (e), the Illinois State Police may:
18 (i) retain the firearm for use by the crime
19 laboratory system, for training purposes, or for any
20 other application as deemed appropriate by the
21 Department;
22 (ii) transfer the firearm to the Illinois State
23 Museum if the firearm has historical value; or
24 (iii) destroy the firearm if it is not retained
25 pursuant to subparagraph (i) or transferred pursuant
26 to subparagraph (ii).

HB4327- 520 -LRB103 34892 RLC 64759 b
1 As used in this subsection, "firearm" has the meaning
2provided in Section 2-7.5 of the Criminal Code of 2012 the
3Firearm Owners Identification Card Act.
4(Source: P.A. 102-538, eff. 8-20-21.)
5 Section 995. No acceleration or delay. Where this Act
6makes changes in a statute that is represented in this Act by
7text that is not yet or no longer in effect (for example, a
8Section represented by multiple versions), the use of that
9text does not accelerate or delay the taking effect of (i) the
10changes made by this Act or (ii) provisions derived from any
11other Public Act.
12 Section 9999. Effective date. This Act takes effect upon
13becoming law.

HB4327- 521 -LRB103 34892 RLC 64759 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 120/2from Ch. 102, par. 42
4 5 ILCS 140/7.5
5 5 ILCS 805/15
6 5 ILCS 830/10-5
7 5 ILCS 840/40
8 20 ILCS 805/805-538
9 20 ILCS 2505/2505-306
10 20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part
11 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
12 20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part
13 20 ILCS 2605/2605-595
14 20 ILCS 2605/2605-605
15 20 ILCS 2605/2605-304 rep.
16 20 ILCS 2605/2605-610 rep.
17 20 ILCS 2610/17b
18 20 ILCS 2630/2.2
19 20 ILCS 2910/1from Ch. 127 1/2, par. 501
20 20 ILCS 3930/7.9
21 30 ILCS 105/6z-99
22 30 ILCS 105/6z-127
23 30 ILCS 500/1-10
24 30 ILCS 715/3from Ch. 56 1/2, par. 1703
25 50 ILCS 710/1from Ch. 85, par. 515

HB4327- 522 -LRB103 34892 RLC 64759 b
1 50 ILCS 725/7.2 rep.
2 55 ILCS 5/3-6042
3 105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
4 105 ILCS 5/10-27.1A
5 105 ILCS 5/34-8.05
6 225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
7 225 ILCS 447/35-30
8 225 ILCS 447/35-35
9 230 ILCS 10/5.4
10 405 ILCS 5/1-106from Ch. 91 1/2, par. 1-106
11 405 ILCS 5/1-116from Ch. 91 1/2, par. 1-116
12 405 ILCS 5/6-103.1
13 405 ILCS 5/6-103.2
14 405 ILCS 5/6-103.3
15 410 ILCS 45/2from Ch. 111 1/2, par. 1302
16 430 ILCS 65/Act rep.
17 430 ILCS 66/25
18 430 ILCS 66/30
19 430 ILCS 66/40
20 430 ILCS 66/66
21 430 ILCS 66/70
22 430 ILCS 66/80
23 430 ILCS 66/105
24 430 ILCS 67/35
25 430 ILCS 67/40
26 430 ILCS 68/5-20

HB4327- 523 -LRB103 34892 RLC 64759 b
1 430 ILCS 68/5-25
2 430 ILCS 68/5-40
3 430 ILCS 68/5-85
4 520 ILCS 5/3.2from Ch. 61, par. 3.2
5 520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
6 625 ILCS 5/2-116from Ch. 95 1/2, par. 2-116
7 720 ILCS 5/2-7.1
8 720 ILCS 5/2-7.5
9 720 ILCS 5/12-3.05was 720 ILCS 5/12-4
10 720 ILCS 5/16-0.1
11 720 ILCS 5/17-30was 720 ILCS 5/16C-2
12 720 ILCS 5/24-1from Ch. 38, par. 24-1
13 720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
14 720 ILCS 5/24-1.6
15 720 ILCS 5/24-1.8
16 720 ILCS 5/24-1.9
17 720 ILCS 5/24-1.10
18 720 ILCS 5/24-2
19 720 ILCS 5/24-3from Ch. 38, par. 24-3
20 720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
21 720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
22 720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
23 720 ILCS 5/24-3.5
24 720 ILCS 5/24-3B
25 720 ILCS 5/24-4.1
26 720 ILCS 5/24-4.5 new

HB4327- 524 -LRB103 34892 RLC 64759 b