Bill Text: IL HB0056 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Creates the Peace Officer Accountability Act. Provides that before a peace officer is permitted to carry a firearm in the unit of government in which he or she is employed, the peace officer must either: (1) live in the unit of government in which he or she serves; or (2) complete 200 hours of specified work or training. Provides that the unit of government shall require each peace officer employed by the unit of government before entering upon the officer's duties to have a liability insurance policy. Provides that the public shall have access to all documents concerning promotions, which documents are subject to disclosure under the Freedom of Information Act. Provides that each peace officer, before discharging his or her duties as a peace officer, shall sign an affidavit declaring that he or she will report all unethical and unlawful conduct of other peace officers immediately to the internal affairs division of the department. Provides that the exclusive representative of a peace officer bargaining unit may not enter into a contract or collective bargaining agreement with the department that permits unconstitutional conduct by peace officers. Amends the Illinois Police Training Act. Provides that the minimum standards for police academies shall include 20 hours of race relations training, acquaintance with the youth residing in the unit of government in which the officers will serve, when discharging a firearm, the avoidance of the use of deadly force except when necessary to protect the life of the officer and on methods of using less than deadly force to disarm a suspect. Provides annual 20 hours of training of peace officers in race relations and constitutional methods of the use of force. Amends various other Acts to make conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-01-29 - Assigned to Judiciary - Criminal Committee [HB0056 Detail]

Download: Illinois-2019-HB0056-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0056

Introduced , by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:
See Index

Creates the Peace Officer Accountability Act. Provides that before a peace officer is permitted to carry a firearm in the unit of government in which he or she is employed, the peace officer must either: (1) live in the unit of government in which he or she serves; or (2) complete 200 hours of specified work or training. Provides that the unit of government shall require each peace officer employed by the unit of government before entering upon the officer's duties to have a liability insurance policy. Provides that the public shall have access to all documents concerning promotions, which documents are subject to disclosure under the Freedom of Information Act. Provides that each peace officer, before discharging his or her duties as a peace officer, shall sign an affidavit declaring that he or she will report all unethical and unlawful conduct of other peace officers immediately to the internal affairs division of the department. Provides that the exclusive representative of a peace officer bargaining unit may not enter into a contract or collective bargaining agreement with the department that permits unconstitutional conduct by peace officers. Amends the Illinois Police Training Act. Provides that the minimum standards for police academies shall include 20 hours of race relations training, acquaintance with the youth residing in the unit of government in which the officers will serve, when discharging a firearm, the avoidance of the use of deadly force except when necessary to protect the life of the officer and on methods of using less than deadly force to disarm a suspect. Provides annual 20 hours of training of peace officers in race relations and constitutional methods of the use of force. Amends various other Acts to make conforming changes.
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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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1 AN ACT concerning criminal law.
2 WHEREAS, The United States Department of Justice has found
3reasonable cause to believe that the Chicago Police Department
4engages in a pattern or practice of using force, including
5deadly force, in violation of the Fourth Amendment of the
6United States Constitution; and
7 WHEREAS, The Department found that Chicago Police
8Department officers' practices unnecessarily endanger
9themselves and result in unnecessary and avoidable uses of
10force; and
11 WHEREAS, The pattern or practice results from systemic
12deficiencies in training and accountability, including the
13failure to train officers in de-escalation and the failure to
14conduct meaningful investigations of uses of force; and
15 WHEREAS, A law codifying the suggestions of the United
16States Department of Justice for the Chicago Police Department
17and applying to all police departments in this State could aid
18in improving those departments; therefore
19 Be it enacted by the People of the State of Illinois,
20represented in the General Assembly:

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1 Section 1. Short title. This Act may be cited as the Peace
2Officer Accountability Act.
3 Section 5. Definitions. As used in this Act:
4 "Department" means a municipal police department or office
5of the county sheriff.
6 "Exclusive representative" has the meaning ascribed to it
7in Section 3 of the Illinois Public Labor Relations Act.
8 "Liability insurance" means insurance on risks based upon
9negligence by a peace officer.
10 "Peace officer" has the meaning ascribed to it in Section
112-13 of the Criminal Code of 2012.
12 "Unethical conduct" means non-criminal conduct that
13violates department rules or procedures or violates ordinances
14concerning peace officer conduct.
15 "Unit of government" means a municipality with respect to
16peace officers employed by the municipality and the county with
17respect to peace officers employed by the county sheriff.
18 "Unlawful conduct" means conduct that violates the penal
19statutes of this State or criminal conduct proscribed by
20ordinance of the unit of government.
21 Section 10. Peace officer firearms requirement. Before a
22peace officer is permitted to carry a firearm in the unit of
23government in which he or she is employed, the peace officer
24must either:

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1 (1) live in the unit of government in which he or she
2serves; or
3 (2) complete either:
4 (A) 200 hours of volunteer work in the unit of
5 government in which he or she shall be serving; or
6 (B) 200 hours of specified training related to the unit
7 of government in which he or she shall be serving, or any
8 combination of volunteer work and training.
9 Section 15. Liability insurance. In addition to the
10indemnity provided to peace officers by the unit of government
11under Section 5-1002 of the Counties Code or under Section
121-4-5 or 1-4-6 of the Illinois Municipal Code, the unit of
13government shall require each peace officer employed by the
14unit of government before entering upon the officer's duties to
15have a liability insurance policy to indemnify the unit of
16government which employs the officer for any negligence
17committed by the officer in the performance of his or her
18duties.
19 Section 20. Promotions; transparency. Promotions of peace
20officers shall be transparent. The public shall have access to
21all documents concerning promotions, which documents are
22subject to disclosure under the Freedom of Information Act.
23 Section 25. Peace officer report of unlawful and unethical

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1conduct to internal affairs. Each peace officer, before
2discharging his or her duties as a peace officer, shall sign an
3affidavit declaring that he or she will report all unethical
4and unlawful conduct of other peace officers immediately to the
5internal affairs division of the department. The affidavit
6shall be a public record subject to disclosure under the
7Freedom of Information Act.
8 Section 30. Unconstitutional contracts and collective
9bargaining agreements prohibited. The exclusive representative
10of a peace officer bargaining unit may not enter into a
11contract or collective bargaining agreement with the
12department that permits unconstitutional conduct by peace
13officers.
14 Section 100. The Freedom of Information Act is amended by
15changing Section 7.5 as follows:
16 (5 ILCS 140/7.5)
17 Sec. 7.5. Statutory exemptions. To the extent provided for
18by the statutes referenced below, the following shall be exempt
19from inspection and copying:
20 (a) All information determined to be confidential
21 under Section 4002 of the Technology Advancement and
22 Development Act.
23 (b) Library circulation and order records identifying

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1 library users with specific materials under the Library
2 Records Confidentiality Act.
3 (c) Applications, related documents, and medical
4 records received by the Experimental Organ Transplantation
5 Procedures Board and any and all documents or other records
6 prepared by the Experimental Organ Transplantation
7 Procedures Board or its staff relating to applications it
8 has received.
9 (d) Information and records held by the Department of
10 Public Health and its authorized representatives relating
11 to known or suspected cases of sexually transmissible
12 disease or any information the disclosure of which is
13 restricted under the Illinois Sexually Transmissible
14 Disease Control Act.
15 (e) Information the disclosure of which is exempted
16 under Section 30 of the Radon Industry Licensing Act.
17 (f) Firm performance evaluations under Section 55 of
18 the Architectural, Engineering, and Land Surveying
19 Qualifications Based Selection Act.
20 (g) Information the disclosure of which is restricted
21 and exempted under Section 50 of the Illinois Prepaid
22 Tuition Act.
23 (h) Information the disclosure of which is exempted
24 under the State Officials and Employees Ethics Act, and
25 records of any lawfully created State or local inspector
26 general's office that would be exempt if created or

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1 obtained by an Executive Inspector General's office under
2 that Act.
3 (i) Information contained in a local emergency energy
4 plan submitted to a municipality in accordance with a local
5 emergency energy plan ordinance that is adopted under
6 Section 11-21.5-5 of the Illinois Municipal Code.
7 (j) Information and data concerning the distribution
8 of surcharge moneys collected and remitted by carriers
9 under the Emergency Telephone System Act.
10 (k) Law enforcement officer identification information
11 or driver identification information compiled by a law
12 enforcement agency or the Department of Transportation
13 under Section 11-212 of the Illinois Vehicle Code.
14 (l) Records and information provided to a residential
15 health care facility resident sexual assault and death
16 review team or the Executive Council under the Abuse
17 Prevention Review Team Act.
18 (m) Information provided to the predatory lending
19 database created pursuant to Article 3 of the Residential
20 Real Property Disclosure Act, except to the extent
21 authorized under that Article.
22 (n) Defense budgets and petitions for certification of
23 compensation and expenses for court appointed trial
24 counsel as provided under Sections 10 and 15 of the Capital
25 Crimes Litigation Act. This subsection (n) shall apply
26 until the conclusion of the trial of the case, even if the

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1 prosecution chooses not to pursue the death penalty prior
2 to trial or sentencing.
3 (o) Information that is prohibited from being
4 disclosed under Section 4 of the Illinois Health and
5 Hazardous Substances Registry Act.
6 (p) Security portions of system safety program plans,
7 investigation reports, surveys, schedules, lists, data, or
8 information compiled, collected, or prepared by or for the
9 Regional Transportation Authority under Section 2.11 of
10 the Regional Transportation Authority Act or the St. Clair
11 County Transit District under the Bi-State Transit Safety
12 Act.
13 (q) Information prohibited from being disclosed by the
14 Personnel Record Records Review Act, except information
15 required to be disclosed under Section 20 of the Peace
16 Officer Accountability Act.
17 (r) Information prohibited from being disclosed by the
18 Illinois School Student Records Act.
19 (s) Information the disclosure of which is restricted
20 under Section 5-108 of the Public Utilities Act.
21 (t) All identified or deidentified health information
22 in the form of health data or medical records contained in,
23 stored in, submitted to, transferred by, or released from
24 the Illinois Health Information Exchange, and identified
25 or deidentified health information in the form of health
26 data and medical records of the Illinois Health Information

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1 Exchange in the possession of the Illinois Health
2 Information Exchange Authority due to its administration
3 of the Illinois Health Information Exchange. The terms
4 "identified" and "deidentified" shall be given the same
5 meaning as in the Health Insurance Portability and
6 Accountability Act of 1996, Public Law 104-191, or any
7 subsequent amendments thereto, and any regulations
8 promulgated thereunder.
9 (u) Records and information provided to an independent
10 team of experts under the Developmental Disability and
11 Mental Health Safety Act (also known as Brian's Law).
12 (v) Names and information of people who have applied
13 for or received Firearm Owner's Identification Cards under
14 the Firearm Owners Identification Card Act or applied for
15 or received a concealed carry license under the Firearm
16 Concealed Carry Act, unless otherwise authorized by the
17 Firearm Concealed Carry Act; and databases under the
18 Firearm Concealed Carry Act, records of the Concealed Carry
19 Licensing Review Board under the Firearm Concealed Carry
20 Act, and law enforcement agency objections under the
21 Firearm Concealed Carry Act.
22 (w) Personally identifiable information which is
23 exempted from disclosure under subsection (g) of Section
24 19.1 of the Toll Highway Act.
25 (x) Information which is exempted from disclosure
26 under Section 5-1014.3 of the Counties Code or Section

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

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1 under the Revised Uniform Unclaimed Property Act.
2 (gg) Information that is prohibited from being
3 disclosed under Section 7-603.5 of the Illinois Vehicle
4 Code.
5 (hh) Records that are exempt from disclosure under
6 Section 1A-16.7 of the Election Code.
7 (ii) Information which is exempted from disclosure
8 under Section 2505-800 of the Department of Revenue Law of
9 the Civil Administrative Code of Illinois.
10 (jj) Information and reports that are required to be
11 submitted to the Department of Labor by registering day and
12 temporary labor service agencies but are exempt from
13 disclosure under subsection (a-1) of Section 45 of the Day
14 and Temporary Labor Services Act.
15 (kk) Information prohibited from disclosure under the
16 Seizure and Forfeiture Reporting Act.
17 (ll) Information the disclosure of which is restricted
18 and exempted under Section 5-30.8 of the Illinois Public
19 Aid Code.
20 (mm) (ll) Records that are exempt from disclosure under
21 Section 4.2 of the Crime Victims Compensation Act.
22 (nn) (ll) Information that is exempt from disclosure
23 under Section 70 of the Higher Education Student Assistance
24 Act.
25(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
26eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;

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199-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
2100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
38-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
4eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
5100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
610-12-18.)
7 Section 105. The Illinois Public Labor Relations Act is
8amended by changing Section 4 as follows:
9 (5 ILCS 315/4) (from Ch. 48, par. 1604)
10 (Text of Section WITHOUT the changes made by P.A. 98-599,
11which has been held unconstitutional)
12 Sec. 4. Management Rights; Unconstitutional Peace Officer
13Conduct. Employers shall not be required to bargain over
14matters of inherent managerial policy, which shall include such
15areas of discretion or policy as the functions of the employer,
16standards of services, its overall budget, the organizational
17structure and selection of new employees, examination
18techniques and direction of employees. Employers, however,
19shall be required to bargain collectively with regard to policy
20matters directly affecting wages, hours and terms and
21conditions of employment as well as the impact thereon upon
22request by employee representatives.
23 The exclusive representative of a peace officer unit and an
24employer may not bargain over matters that would permit peace

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1officer conduct that would violate the Constitution of the
2United States or this State and any agreement that would permit
3peace officer conduct that would violate the Constitution of
4the United States or this State is void.
5 To preserve the rights of employers and exclusive
6representatives which have established collective bargaining
7relationships or negotiated collective bargaining agreements
8prior to the effective date of this Act, employers shall be
9required to bargain collectively with regard to any matter
10concerning wages, hours or conditions of employment about which
11they have bargained for and agreed to in a collective
12bargaining agreement prior to the effective date of this Act.
13 The chief judge of the judicial circuit that employs a
14public employee who is a court reporter, as defined in the
15Court Reporters Act, has the authority to hire, appoint,
16promote, evaluate, discipline, and discharge court reporters
17within that judicial circuit.
18 Nothing in this amendatory Act of the 94th General Assembly
19shall be construed to intrude upon the judicial functions of
20any court. This amendatory Act of the 94th General Assembly
21applies only to nonjudicial administrative matters relating to
22the collective bargaining rights of court reporters.
23(Source: P.A. 94-98, eff. 7-1-05.)
24 Section 110. The Illinois Police Training Act is amended by
25changing Section 7 as follows:

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1 (50 ILCS 705/7) (from Ch. 85, par. 507)
2 Sec. 7. Rules and standards for schools. The Board shall
3adopt rules and minimum standards for such schools which shall
4include, but not be limited to, the following:
5 a. The curriculum for probationary police officers
6 which shall be offered by all certified schools shall
7 include, but not be limited to, courses of procedural
8 justice, arrest and use and control tactics, search and
9 seizure, including temporary questioning, civil rights,
10 human rights, human relations, cultural competency,
11 including implicit bias and racial and ethnic sensitivity,
12 20 hours of race relations training, acquaintance with the
13 youth residing in the unit of government in which the
14 officers will serve, when discharging a firearm, the
15 avoidance of the use of deadly force except when necessary
16 to protect the life of the officer and on methods of using
17 less than deadly force to disarm a suspect, criminal law,
18 law of criminal procedure, constitutional and proper use of
19 law enforcement authority, vehicle and traffic law
20 including uniform and non-discriminatory enforcement of
21 the Illinois Vehicle Code, traffic control and accident
22 investigation, techniques of obtaining physical evidence,
23 court testimonies, statements, reports, firearms training,
24 training in the use of electronic control devices,
25 including the psychological and physiological effects of

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1 the use of those devices on humans, first-aid (including
2 cardiopulmonary resuscitation), training in the
3 administration of opioid antagonists as defined in
4 paragraph (1) of subsection (e) of Section 5-23 of the
5 Substance Use Disorder Act, handling of juvenile
6 offenders, recognition of mental conditions and crises,
7 including, but not limited to, the disease of addiction,
8 which require immediate assistance and response and
9 methods to safeguard and provide assistance to a person in
10 need of mental treatment, recognition of abuse, neglect,
11 financial exploitation, and self-neglect of adults with
12 disabilities and older adults, as defined in Section 2 of
13 the Adult Protective Services Act, crimes against the
14 elderly, law of evidence, the hazards of high-speed police
15 vehicle chases with an emphasis on alternatives to the
16 high-speed chase, and physical training. The curriculum
17 shall include specific training in techniques for
18 immediate response to and investigation of cases of
19 domestic violence and of sexual assault of adults and
20 children, including cultural perceptions and common myths
21 of sexual assault and sexual abuse as well as interview
22 techniques that are age sensitive and are trauma informed,
23 victim centered, and victim sensitive. The curriculum
24 shall include training in techniques designed to promote
25 effective communication at the initial contact with crime
26 victims and ways to comprehensively explain to victims and

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1 witnesses their rights under the Rights of Crime Victims
2 and Witnesses Act and the Crime Victims Compensation Act.
3 The curriculum shall also include training in effective
4 recognition of and responses to stress, trauma, and
5 post-traumatic stress experienced by police officers. The
6 curriculum shall also include a block of instruction aimed
7 at identifying and interacting with persons with autism and
8 other developmental or physical disabilities, reducing
9 barriers to reporting crimes against persons with autism,
10 and addressing the unique challenges presented by cases
11 involving victims or witnesses with autism and other
12 developmental disabilities. The curriculum for permanent
13 police officers shall include, but not be limited to: (1)
14 refresher and in-service training in any of the courses
15 listed above in this subparagraph, (2) advanced courses in
16 any of the subjects listed above in this subparagraph, (3)
17 training for supervisory personnel, and (4) specialized
18 training in subjects and fields to be selected by the
19 board. The training in the use of electronic control
20 devices shall be conducted for probationary police
21 officers, including University police officers.
22 b. Minimum courses of study, attendance requirements
23 and equipment requirements.
24 c. Minimum requirements for instructors.
25 d. Minimum basic training requirements, which a
26 probationary police officer must satisfactorily complete

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1 before being eligible for permanent employment as a local
2 law enforcement officer for a participating local
3 governmental agency. Those requirements shall include
4 training in first aid (including cardiopulmonary
5 resuscitation).
6 e. Minimum basic training requirements, which a
7 probationary county corrections officer must
8 satisfactorily complete before being eligible for
9 permanent employment as a county corrections officer for a
10 participating local governmental agency.
11 f. Minimum basic training requirements which a
12 probationary court security officer must satisfactorily
13 complete before being eligible for permanent employment as
14 a court security officer for a participating local
15 governmental agency. The Board shall establish those
16 training requirements which it considers appropriate for
17 court security officers and shall certify schools to
18 conduct that training.
19 A person hired to serve as a court security officer
20 must obtain from the Board a certificate (i) attesting to
21 his or her successful completion of the training course;
22 (ii) attesting to his or her satisfactory completion of a
23 training program of similar content and number of hours
24 that has been found acceptable by the Board under the
25 provisions of this Act; or (iii) attesting to the Board's
26 determination that the training course is unnecessary

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1 because of the person's extensive prior law enforcement
2 experience.
3 Individuals who currently serve as court security
4 officers shall be deemed qualified to continue to serve in
5 that capacity so long as they are certified as provided by
6 this Act within 24 months of June 1, 1997 (the effective
7 date of Public Act 89-685). Failure to be so certified,
8 absent a waiver from the Board, shall cause the officer to
9 forfeit his or her position.
10 All individuals hired as court security officers on or
11 after June 1, 1997 (the effective date of Public Act
12 89-685) shall be certified within 12 months of the date of
13 their hire, unless a waiver has been obtained by the Board,
14 or they shall forfeit their positions.
15 The Sheriff's Merit Commission, if one exists, or the
16 Sheriff's Office if there is no Sheriff's Merit Commission,
17 shall maintain a list of all individuals who have filed
18 applications to become court security officers and who meet
19 the eligibility requirements established under this Act.
20 Either the Sheriff's Merit Commission, or the Sheriff's
21 Office if no Sheriff's Merit Commission exists, shall
22 establish a schedule of reasonable intervals for
23 verification of the applicants' qualifications under this
24 Act and as established by the Board.
25 g. Minimum in-service training requirements, which a
26 police officer must satisfactorily complete every 3 years.

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1 Those requirements shall include constitutional and proper
2 use of law enforcement authority, procedural justice,
3 civil rights, human rights, mental health awareness and
4 response, and cultural competency.
5 h. Minimum in-service training requirements, which a
6 police officer must satisfactorily complete at least
7 annually. Those requirements shall include 20 hours of race
8 relations training, constitutional methods of the use of
9 force, law updates and use of force training which shall
10 include scenario based training, or similar training
11 approved by the Board.
12(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
13eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
14100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff.
158-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
16 Section 115. The Criminal Code of 2012 is amended by
17changing Section 24-2 as follows:
18 (720 ILCS 5/24-2)
19 Sec. 24-2. Exemptions.
20 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2124-1(a)(13) and Section 24-1.6 do not apply to or affect any of
22the following:
23 (1) Peace officers, and any person summoned by a peace
24 officer to assist in making arrests or preserving the

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1 peace, while actually engaged in assisting such officer,
2 subject to the provisions of Section 10 of the Peace
3 Officer Accountability Act.
4 (2) Wardens, superintendents and keepers of prisons,
5 penitentiaries, jails and other institutions for the
6 detention of persons accused or convicted of an offense,
7 while in the performance of their official duty, or while
8 commuting between their homes and places of employment.
9 (3) Members of the Armed Services or Reserve Forces of
10 the United States or the Illinois National Guard or the
11 Reserve Officers Training Corps, while in the performance
12 of their official duty.
13 (4) Special agents employed by a railroad or a public
14 utility to perform police functions, and guards of armored
15 car companies, while actually engaged in the performance of
16 the duties of their employment or commuting between their
17 homes and places of employment; and watchmen while actually
18 engaged in the performance of the duties of their
19 employment.
20 (5) Persons licensed as private security contractors,
21 private detectives, or private alarm contractors, or
22 employed by a private security contractor, private
23 detective, or private alarm contractor agency licensed by
24 the Department of Financial and Professional Regulation,
25 if their duties include the carrying of a weapon under the
26 provisions of the Private Detective, Private Alarm,

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1 Private Security, Fingerprint Vendor, and Locksmith Act of
2 2004, while actually engaged in the performance of the
3 duties of their employment or commuting between their homes
4 and places of employment. A person shall be considered
5 eligible for this exemption if he or she has completed the
6 required 20 hours of training for a private security
7 contractor, private detective, or private alarm
8 contractor, or employee of a licensed private security
9 contractor, private detective, or private alarm contractor
10 agency and 20 hours of required firearm training, and has
11 been issued a firearm control card by the Department of
12 Financial and Professional Regulation. Conditions for the
13 renewal of firearm control cards issued under the
14 provisions of this Section shall be the same as for those
15 cards issued under the provisions of the Private Detective,
16 Private Alarm, Private Security, Fingerprint Vendor, and
17 Locksmith Act of 2004. The firearm control card shall be
18 carried by the private security contractor, private
19 detective, or private alarm contractor, or employee of the
20 licensed private security contractor, private detective,
21 or private alarm contractor agency at all times when he or
22 she is in possession of a concealable weapon permitted by
23 his or her firearm control card.
24 (6) Any person regularly employed in a commercial or
25 industrial operation as a security guard for the protection
26 of persons employed and private property related to such

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1 commercial or industrial operation, while actually engaged
2 in the performance of his or her duty or traveling between
3 sites or properties belonging to the employer, and who, as
4 a security guard, is a member of a security force
5 registered with the Department of Financial and
6 Professional Regulation; provided that such security guard
7 has successfully completed a course of study, approved by
8 and supervised by the Department of Financial and
9 Professional Regulation, consisting of not less than 40
10 hours of training that includes the theory of law
11 enforcement, liability for acts, and the handling of
12 weapons. A person shall be considered eligible for this
13 exemption if he or she has completed the required 20 hours
14 of training for a security officer and 20 hours of required
15 firearm training, and has been issued a firearm control
16 card by the Department of Financial and Professional
17 Regulation. Conditions for the renewal of firearm control
18 cards issued under the provisions of this Section shall be
19 the same as for those cards issued under the provisions of
20 the Private Detective, Private Alarm, Private Security,
21 Fingerprint Vendor, and Locksmith Act of 2004. The firearm
22 control card shall be carried by the security guard at all
23 times when he or she is in possession of a concealable
24 weapon permitted by his or her firearm control card.
25 (7) Agents and investigators of the Illinois
26 Legislative Investigating Commission authorized by the

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1 Commission to carry the weapons specified in subsections
2 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
3 any investigation for the Commission.
4 (8) Persons employed by a financial institution as a
5 security guard for the protection of other employees and
6 property related to such financial institution, while
7 actually engaged in the performance of their duties,
8 commuting between their homes and places of employment, or
9 traveling between sites or properties owned or operated by
10 such financial institution, and who, as a security guard,
11 is a member of a security force registered with the
12 Department; provided that any person so employed has
13 successfully completed a course of study, approved by and
14 supervised by the Department of Financial and Professional
15 Regulation, consisting of not less than 40 hours of
16 training which includes theory of law enforcement,
17 liability for acts, and the handling of weapons. A person
18 shall be considered to be eligible for this exemption if he
19 or she has completed the required 20 hours of training for
20 a security officer and 20 hours of required firearm
21 training, and has been issued a firearm control card by the
22 Department of Financial and Professional Regulation.
23 Conditions for renewal of firearm control cards issued
24 under the provisions of this Section shall be the same as
25 for those issued under the provisions of the Private
26 Detective, Private Alarm, Private Security, Fingerprint

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1 Vendor, and Locksmith Act of 2004. The firearm control card
2 shall be carried by the security guard at all times when he
3 or she is in possession of a concealable weapon permitted
4 by his or her firearm control card. For purposes of this
5 subsection, "financial institution" means a bank, savings
6 and loan association, credit union or company providing
7 armored car services.
8 (9) Any person employed by an armored car company to
9 drive an armored car, while actually engaged in the
10 performance of his duties.
11 (10) Persons who have been classified as peace officers
12 pursuant to the Peace Officer Fire Investigation Act.
13 (11) Investigators of the Office of the State's
14 Attorneys Appellate Prosecutor authorized by the board of
15 governors of the Office of the State's Attorneys Appellate
16 Prosecutor to carry weapons pursuant to Section 7.06 of the
17 State's Attorneys Appellate Prosecutor's Act.
18 (12) Special investigators appointed by a State's
19 Attorney under Section 3-9005 of the Counties Code.
20 (12.5) Probation officers while in the performance of
21 their duties, or while commuting between their homes,
22 places of employment or specific locations that are part of
23 their assigned duties, with the consent of the chief judge
24 of the circuit for which they are employed, if they have
25 received weapons training according to requirements of the
26 Peace Officer and Probation Officer Firearm Training Act.

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1 (13) Court Security Officers while in the performance
2 of their official duties, or while commuting between their
3 homes and places of employment, with the consent of the
4 Sheriff.
5 (13.5) A person employed as an armed security guard at
6 a nuclear energy, storage, weapons or development site or
7 facility regulated by the Nuclear Regulatory Commission
8 who has completed the background screening and training
9 mandated by the rules and regulations of the Nuclear
10 Regulatory Commission.
11 (14) Manufacture, transportation, or sale of weapons
12 to persons authorized under subdivisions (1) through
13 (13.5) of this subsection to possess those weapons.
14 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
15to or affect any person carrying a concealed pistol, revolver,
16or handgun and the person has been issued a currently valid
17license under the Firearm Concealed Carry Act at the time of
18the commission of the offense.
19 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2024-1.6 do not apply to or affect any of the following:
21 (1) Members of any club or organization organized for
22 the purpose of practicing shooting at targets upon
23 established target ranges, whether public or private, and
24 patrons of such ranges, while such members or patrons are
25 using their firearms on those target ranges.
26 (2) Duly authorized military or civil organizations

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

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

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1 and incident to fulfilling 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 (B)
12 the person is an active member of a bona fide, nationally
13 recognized military re-enacting group and the modification
14 is required and necessary to accurately portray the weapon
15 for historical re-enactment purposes; the re-enactor is in
16 possession of a valid and current re-enacting group
17 membership credential; and the overall length of the weapon
18 as modified is not less than 26 inches.
19 (d) Subsection 24-1(a)(1) does not apply to the purchase,
20possession or carrying of a black-jack or slung-shot by a peace
21officer.
22 (e) Subsection 24-1(a)(8) does not apply to any owner,
23manager or authorized employee of any place specified in that
24subsection nor to any law enforcement officer.
25 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
26Section 24-1.6 do not apply to members of any club or

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

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1for those firearms equipped with those devices, and actually
2engaged in the business of manufacturing those devices,
3firearms, or ammunition, but only with respect to activities
4that are within the lawful scope of that business, such as the
5manufacture, transportation, or testing of those devices,
6firearms, or ammunition. This exemption does not authorize the
7general private possession of any device or attachment of any
8kind designed, used, or intended for use in silencing the
9report of any firearm, but only such possession and activities
10as are within the lawful scope of a licensed manufacturing
11business described in this subsection (g-5). During
12transportation, these devices shall be detached from any weapon
13or not immediately accessible.
14 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1524-1.6 do not apply to or affect any parole agent or parole
16supervisor who meets the qualifications and conditions
17prescribed in Section 3-14-1.5 of the Unified Code of
18Corrections.
19 (g-7) Subsection 24-1(a)(6) does not apply to a peace
20officer while serving as a member of a tactical response team
21or special operations team. A peace officer may not personally
22own or apply for ownership of a device or attachment of any
23kind designed, used, or intended for use in silencing the
24report of any firearm. These devices shall be owned and
25maintained by lawfully recognized units of government whose
26duties include the investigation of criminal acts.

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1 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
224-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
3athlete's possession, transport on official Olympic and
4Paralympic transit systems established for athletes, or use of
5competition firearms sanctioned by the International Olympic
6Committee, the International Paralympic Committee, the
7International Shooting Sport Federation, or USA Shooting in
8connection with such athlete's training for and participation
9in shooting competitions at the 2016 Olympic and Paralympic
10Games and sanctioned test events leading up to the 2016 Olympic
11and Paralympic Games.
12 (h) An information or indictment based upon a violation of
13any subsection of this Article need not negative any exemptions
14contained in this Article. The defendant shall have the burden
15of proving such an exemption.
16 (i) Nothing in this Article shall prohibit, apply to, or
17affect the transportation, carrying, or possession, of any
18pistol or revolver, stun gun, taser, or other firearm consigned
19to a common carrier operating under license of the State of
20Illinois or the federal government, where such transportation,
21carrying, or possession is incident to the lawful
22transportation in which such common carrier is engaged; and
23nothing in this Article shall prohibit, apply to, or affect the
24transportation, carrying, or possession of any pistol,
25revolver, stun gun, taser, or other firearm, not the subject of
26and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

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1this Article, which is unloaded and enclosed in a case, firearm
2carrying box, shipping box, or other container, by the
3possessor of a valid Firearm Owners Identification Card.
4(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)

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1 INDEX
2 Statutes amended in order of appearance