Bill Text: IL HB1770 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective January 1, 2022.

Spectrum: Partisan Bill (Republican 18-0)

Status: (Introduced) 2022-03-04 - Added Co-Sponsor Rep. Charles Meier [HB1770 Detail]

Download: Illinois-2021-HB1770-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1770

Introduced , by Rep. Andrew S. Chesney

SYNOPSIS AS INTRODUCED:
See Index

Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective January 1, 2022.
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A BILL FOR

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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 Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other
19 records prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating

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1 to known or suspected cases of sexually transmissible
2 disease or any information the disclosure of which is
3 restricted under the Illinois Sexually Transmissible
4 Disease Control Act.
5 (e) Information the disclosure of which is exempted
6 under Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of
8 the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (g) Information the disclosure of which is restricted
11 and exempted under Section 50 of the Illinois Prepaid
12 Tuition Act.
13 (h) Information the disclosure of which is exempted
14 under the State Officials and Employees Ethics Act, and
15 records of any lawfully created State or local inspector
16 general's office that would be exempt if created or
17 obtained by an Executive Inspector General's office under
18 that Act.
19 (i) Information contained in a local emergency energy
20 plan submitted to a municipality in accordance with a
21 local emergency energy plan ordinance that is adopted
22 under Section 11-21.5-5 of the Illinois Municipal Code.
23 (j) Information and data concerning the distribution
24 of surcharge moneys collected and remitted by carriers
25 under the Emergency Telephone System Act.
26 (k) Law enforcement officer identification information

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1 or driver identification information compiled by a law
2 enforcement agency or the Department of Transportation
3 under Section 11-212 of the Illinois Vehicle Code.
4 (l) Records and information provided to a residential
5 health care facility resident sexual assault and death
6 review team or the Executive Council under the Abuse
7 Prevention Review Team Act.
8 (m) Information provided to the predatory lending
9 database created pursuant to Article 3 of the Residential
10 Real Property Disclosure Act, except to the extent
11 authorized under that Article.
12 (n) Defense budgets and petitions for certification of
13 compensation and expenses for court appointed trial
14 counsel as provided under Sections 10 and 15 of the
15 Capital Crimes Litigation Act. This subsection (n) shall
16 apply until the conclusion of the trial of the case, even
17 if the prosecution chooses not to pursue the death penalty
18 prior to trial or sentencing.
19 (o) Information that is prohibited from being
20 disclosed under Section 4 of the Illinois Health and
21 Hazardous Substances Registry Act.
22 (p) Security portions of system safety program plans,
23 investigation reports, surveys, schedules, lists, data, or
24 information compiled, collected, or prepared by or for the
25 Regional Transportation Authority under Section 2.11 of
26 the Regional Transportation Authority Act or the St. Clair

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1 County Transit District under the Bi-State Transit Safety
2 Act.
3 (q) Information prohibited from being disclosed by the
4 Personnel Record Review Act.
5 (r) Information prohibited from being disclosed by the
6 Illinois School Student Records Act.
7 (s) Information the disclosure of which is restricted
8 under Section 5-108 of the Public Utilities Act.
9 (t) All identified or deidentified health information
10 in the form of health data or medical records contained
11 in, stored in, submitted to, transferred by, or released
12 from the Illinois Health Information Exchange, and
13 identified or deidentified health information in the form
14 of health data and medical records of the Illinois Health
15 Information Exchange in the possession of the Illinois
16 Health Information Exchange Office due to its
17 administration of the Illinois Health Information
18 Exchange. The terms "identified" and "deidentified" shall
19 be given the same meaning as in the Health Insurance
20 Portability and Accountability Act of 1996, Public Law
21 104-191, or any subsequent amendments thereto, and any
22 regulations promulgated thereunder.
23 (u) Records and information provided to an independent
24 team of experts under the Developmental Disability and
25 Mental Health Safety Act (also known as Brian's Law).
26 (v) Names and information of people who have applied

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1 for or received Firearm Owner's Identification Cards under
2 the Firearm Owners Identification Card Act before the
3 effective date of this amendatory Act of the 102nd General
4 Assembly or applied for or received a concealed carry
5 license under the Firearm Concealed Carry Act, unless
6 otherwise authorized by the Firearm Concealed Carry Act;
7 and databases under the Firearm Concealed Carry Act,
8 records of the Concealed Carry Licensing Review Board
9 under the Firearm Concealed Carry Act, and law enforcement
10 agency objections under the Firearm Concealed Carry Act.
11 (w) Personally identifiable information which is
12 exempted from disclosure under subsection (g) of Section
13 19.1 of the Toll Highway Act.
14 (x) Information which is exempted from disclosure
15 under Section 5-1014.3 of the Counties Code or Section
16 8-11-21 of the Illinois Municipal Code.
17 (y) Confidential information under the Adult
18 Protective Services Act and its predecessor enabling
19 statute, the Elder Abuse and Neglect Act, including
20 information about the identity and administrative finding
21 against any caregiver of a verified and substantiated
22 decision of abuse, neglect, or financial exploitation of
23 an eligible adult maintained in the Registry established
24 under Section 7.5 of the Adult Protective Services Act.
25 (z) Records and information provided to a fatality
26 review team or the Illinois Fatality Review Team Advisory

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1 Council under Section 15 of the Adult Protective Services
2 Act.
3 (aa) Information which is exempted from disclosure
4 under Section 2.37 of the Wildlife Code.
5 (bb) Information which is or was prohibited from
6 disclosure by the Juvenile Court Act of 1987.
7 (cc) Recordings made under the Law Enforcement
8 Officer-Worn Body Camera Act, except to the extent
9 authorized under that Act.
10 (dd) Information that is prohibited from being
11 disclosed under Section 45 of the Condominium and Common
12 Interest Community Ombudsperson Act.
13 (ee) Information that is exempted from disclosure
14 under Section 30.1 of the Pharmacy Practice Act.
15 (ff) Information that is exempted from disclosure
16 under the Revised Uniform Unclaimed Property Act.
17 (gg) Information that is prohibited from being
18 disclosed under Section 7-603.5 of the Illinois Vehicle
19 Code.
20 (hh) Records that are exempt from disclosure under
21 Section 1A-16.7 of the Election Code.
22 (ii) Information which is exempted from disclosure
23 under Section 2505-800 of the Department of Revenue Law of
24 the Civil Administrative Code of Illinois.
25 (jj) Information and reports that are required to be
26 submitted to the Department of Labor by registering day

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1 and temporary labor service agencies but are exempt from
2 disclosure under subsection (a-1) of Section 45 of the Day
3 and Temporary Labor Services Act.
4 (kk) Information prohibited from disclosure under the
5 Seizure and Forfeiture Reporting Act.
6 (ll) Information the disclosure of which is restricted
7 and exempted under Section 5-30.8 of the Illinois Public
8 Aid Code.
9 (mm) Records that are exempt from disclosure under
10 Section 4.2 of the Crime Victims Compensation Act.
11 (nn) Information that is exempt from disclosure under
12 Section 70 of the Higher Education Student Assistance Act.
13 (oo) Communications, notes, records, and reports
14 arising out of a peer support counseling session
15 prohibited from disclosure under the First Responders
16 Suicide Prevention Act.
17 (pp) Names and all identifying information relating to
18 an employee of an emergency services provider or law
19 enforcement agency under the First Responders Suicide
20 Prevention Act.
21 (qq) Information and records held by the Department of
22 Public Health and its authorized representatives collected
23 under the Reproductive Health Act.
24 (rr) Information that is exempt from disclosure under
25 the Cannabis Regulation and Tax Act.
26 (ss) Data reported by an employer to the Department of

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1 Human Rights pursuant to Section 2-108 of the Illinois
2 Human Rights Act.
3 (tt) Recordings made under the Children's Advocacy
4 Center Act, except to the extent authorized under that
5 Act.
6 (uu) Information that is exempt from disclosure under
7 Section 50 of the Sexual Assault Evidence Submission Act.
8 (vv) Information that is exempt from disclosure under
9 subsections (f) and (j) of Section 5-36 of the Illinois
10 Public Aid Code.
11 (ww) Information that is exempt from disclosure under
12 Section 16.8 of the State Treasurer Act.
13 (xx) Information that is exempt from disclosure or
14 information that shall not be made public under the
15 Illinois Insurance Code.
16 (yy) Information prohibited from being disclosed under
17 the Illinois Educational Labor Relations Act.
18 (zz) Information prohibited from being disclosed under
19 the Illinois Public Labor Relations Act.
20 (aaa) Information prohibited from being disclosed
21 under Section 1-167 of the Illinois Pension Code.
22(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
23100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
248-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
25eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
26100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.

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16-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
2eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
3101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
41-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
5eff. 7-7-20.)
6 Section 10. The Department of State Police Law of the
7Civil Administrative Code of Illinois is amended by changing
8Sections 2605-45, 2605-300, and 2605-595 as follows:
9 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
10 Sec. 2605-45. Division of Justice Services. The Division
11of Justice Services shall exercise the following functions:
12 (1) (Blank).
13 (2) Pursue research and the publication of studies
14 pertaining to local law enforcement activities.
15 (3) (Blank).
16 (4) Operate an electronic data processing and computer
17 center for the storage and retrieval of data pertaining to
18 criminal activity.
19 (5) Exercise the rights, powers, and duties vested in
20 the former Division of State Troopers by Section 17 of the
21 State Police Act.
22 (6) (Blank).
23 (6.5) (Blank). Exercise the rights, powers, and duties
24 vested in the Department by the Firearm Owners

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1 Identification Card Act.
2 (7) Exercise other duties that may be assigned by the
3 Director to fulfill the responsibilities and achieve the
4 purposes of the Department.
5 (8) Exercise the rights, powers, and duties vested by
6 law in the Department by the Criminal Identification Act.
7(Source: P.A. 101-378, eff. 1-1-20.)
8 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
9 Sec. 2605-300. Records; crime laboratories; personnel. To
10do the following:
11 (1) Be a central repository and custodian of criminal
12 statistics for the State.
13 (2) Be a central repository for criminal history
14 record information.
15 (3) Procure and file for record information that is
16 necessary and helpful to plan programs of crime
17 prevention, law enforcement, and criminal justice.
18 (4) Procure and file for record copies of fingerprints
19 that may be required by law.
20 (5) Establish general and field crime laboratories.
21 (6) Register and file for record information that may
22 be required by law for the issuance of firearm owner's
23 identification cards under the Firearm Owners
24 Identification Card Act and concealed carry licenses under
25 the Firearm Concealed Carry Act.

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1 (7) Employ laboratory technicians and other specially
2 qualified persons to aid in the identification of criminal
3 activity, and may employ polygraph operators.
4 (8) Undertake other identification, information,
5 laboratory, statistical, or registration activities that
6 may be required by law.
7(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)
8 (20 ILCS 2605/2605-595)
9 Sec. 2605-595. State Police Firearm Services Fund.
10 (a) There is created in the State treasury a special fund
11known as the State Police Firearm Services Fund. The Fund
12shall receive revenue under the Firearm Concealed Carry Act
13and Section 5 of the Firearm Owners Identification Card Act.
14The Fund may also receive revenue from grants, pass-through
15grants, donations, appropriations, and any other legal source.
16 (b) The Department of State Police may use moneys in the
17Fund to finance any of its lawful purposes, mandates,
18functions, and duties under the Firearm Owners Identification
19Card Act and the Firearm Concealed Carry Act, including the
20cost of sending notices of expiration of Firearm Owner's
21Identification Cards, concealed carry licenses, the prompt and
22efficient processing of applications under the Firearm Owners
23Identification Card Act and the Firearm Concealed Carry Act,
24the improved efficiency and reporting of the LEADS and federal
25NICS law enforcement data systems, and support for

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1investigations required under that Act these Acts and law. Any
2surplus funds beyond what is needed to comply with the
3aforementioned purposes shall be used by the Department to
4improve the Law Enforcement Agencies Data System (LEADS) and
5criminal history background check system.
6 (c) Investment income that is attributable to the
7investment of moneys in the Fund shall be retained in the Fund
8for the uses specified in this Section.
9(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
10 (20 ILCS 2605/2605-120 rep.)
11 Section 15. The Department of State Police Law of the
12Civil Administrative Code of Illinois is amended by repealing
13Section 2605-120.
14 Section 20. The Criminal Identification Act is amended by
15changing Section 2.2 as follows:
16 (20 ILCS 2630/2.2)
17 Sec. 2.2. Notification to the Department. Upon judgment of
18conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
1912-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
20Code of 2012 when the defendant has been determined, pursuant
21to Section 112A-11.1 of the Code of Criminal Procedure of
221963, to be subject to the prohibitions of 18 U.S.C.
23922(g)(9), the circuit court clerk shall include notification

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1and a copy of the written determination in a report of the
2conviction to the Department of State Police Firearm Owner's
3Identification Card Office to enable the Illinois State Police
4office to perform its duties under the Firearm Concealed Carry
5Act and Sections 4 and 8 of the Firearm Owners Identification
6Card Act and to report that determination to the Federal
7Bureau of Investigation to assist the Federal Bureau of
8Investigation in identifying persons prohibited from
9purchasing and possessing a firearm pursuant to the provisions
10of 18 U.S.C. 922. The written determination described in this
11Section shall be included in the defendant's record of arrest
12and conviction in the manner and form prescribed by the
13Department of State Police.
14(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
15 Section 25. The State Finance Act is amended by changing
16Section 6z-99 as follows:
17 (30 ILCS 105/6z-99)
18 Sec. 6z-99. The Mental Health Reporting Fund.
19 (a) There is created in the State treasury a special fund
20known as the Mental Health Reporting Fund. The Fund shall
21receive revenue under the Firearm Concealed Carry Act. The
22Fund may also receive revenue from grants, pass-through
23grants, donations, appropriations, and any other legal source.
24 (b) The Department of State Police and Department of Human

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1Services shall coordinate to use moneys in the Fund to finance
2their respective duties of collecting and reporting data on
3mental health records and ensuring that mental health firearm
4possession prohibitors are enforced as set forth under the
5Firearm Concealed Carry Act and the Firearm Owners
6Identification Card Act. Any surplus in the Fund beyond what
7is necessary to ensure compliance with mental health reporting
8under that Act these Acts shall be used by the Department of
9Human Services for mental health treatment programs.
10 (c) Investment income that is attributable to the
11investment of moneys in the Fund shall be retained in the Fund
12for the uses specified in this Section.
13(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
14 Section 30. The Peace Officer Firearm Training Act is
15amended by changing Section 1 as follows:
16 (50 ILCS 710/1) (from Ch. 85, par. 515)
17 Sec. 1. Definitions. As used in this Act:
18 (a) "Peace officer" means (i) any person who by virtue of
19his office or public employment is vested by law with a primary
20duty to maintain public order or to make arrests for offenses,
21whether that duty extends to all offenses or is limited to
22specific offenses, and who is employed in such capacity by any
23county or municipality or (ii) any retired law enforcement
24officers qualified under federal law to carry a concealed

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1weapon.
2 (a-5) "Probation officer" means a county probation officer
3authorized by the Chief Judge of the Circuit Court to carry a
4firearm as part of his or her duties under Section 12 of the
5Probation and Probation Officers Act and Section 24-2 of the
6Criminal Code of 2012.
7 (b) "Firearms" means any weapon or device defined as a
8firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
9"An Act relating to the acquisition, possession and transfer
10of firearms and firearm ammunition, to provide a penalty for
11the violation thereof and to make an appropriation in
12connection therewith", approved August 3, 1967, as amended.
13(Source: P.A. 98-725, eff. 1-1-15.)
14 Section 35. The School Code is amended by changing
15Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
16 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
17 Sec. 10-22.6. Suspension or expulsion of pupils; school
18searches.
19 (a) To expel pupils guilty of gross disobedience or
20misconduct, including gross disobedience or misconduct
21perpetuated by electronic means, pursuant to subsection (b-20)
22of this Section, and no action shall lie against them for such
23expulsion. Expulsion shall take place only after the parents
24have been requested to appear at a meeting of the board, or

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1with a hearing officer appointed by it, to discuss their
2child's behavior. Such request shall be made by registered or
3certified mail and shall state the time, place and purpose of
4the meeting. The board, or a hearing officer appointed by it,
5at such meeting shall state the reasons for dismissal and the
6date on which the expulsion is to become effective. If a
7hearing officer is appointed by the board, he shall report to
8the board a written summary of the evidence heard at the
9meeting and the board may take such action thereon as it finds
10appropriate. If the board acts to expel a pupil, the written
11expulsion decision shall detail the specific reasons why
12removing the pupil from the learning environment is in the
13best interest of the school. The expulsion decision shall also
14include a rationale as to the specific duration of the
15expulsion. An expelled pupil may be immediately transferred to
16an alternative program in the manner provided in Article 13A
17or 13B of this Code. A pupil must not be denied transfer
18because of the expulsion, except in cases in which such
19transfer is deemed to cause a threat to the safety of students
20or staff in the alternative program.
21 (b) To suspend or by policy to authorize the
22superintendent of the district or the principal, assistant
23principal, or dean of students of any school to suspend pupils
24guilty of gross disobedience or misconduct, or to suspend
25pupils guilty of gross disobedience or misconduct on the
26school bus from riding the school bus, pursuant to subsections

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1(b-15) and (b-20) of this Section, and no action shall lie
2against them for such suspension. The board may by policy
3authorize the superintendent of the district or the principal,
4assistant principal, or dean of students of any school to
5suspend pupils guilty of such acts for a period not to exceed
610 school days. If a pupil is suspended due to gross
7disobedience or misconduct on a school bus, the board may
8suspend the pupil in excess of 10 school days for safety
9reasons.
10 Any suspension shall be reported immediately to the
11parents or guardian of a pupil along with a full statement of
12the reasons for such suspension and a notice of their right to
13a review. The school board must be given a summary of the
14notice, including the reason for the suspension and the
15suspension length. Upon request of the parents or guardian,
16the school board or a hearing officer appointed by it shall
17review such action of the superintendent or principal,
18assistant principal, or dean of students. At such review, the
19parents or guardian of the pupil may appear and discuss the
20suspension with the board or its hearing officer. If a hearing
21officer is appointed by the board, he shall report to the board
22a written summary of the evidence heard at the meeting. After
23its hearing or upon receipt of the written report of its
24hearing officer, the board may take such action as it finds
25appropriate. If a student is suspended pursuant to this
26subsection (b), the board shall, in the written suspension

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1decision, detail the specific act of gross disobedience or
2misconduct resulting in the decision to suspend. The
3suspension decision shall also include a rationale as to the
4specific duration of the suspension. A pupil who is suspended
5in excess of 20 school days may be immediately transferred to
6an alternative program in the manner provided in Article 13A
7or 13B of this Code. A pupil must not be denied transfer
8because of the suspension, except in cases in which such
9transfer is deemed to cause a threat to the safety of students
10or staff in the alternative program.
11 (b-5) Among the many possible disciplinary interventions
12and consequences available to school officials, school
13exclusions, such as out-of-school suspensions and expulsions,
14are the most serious. School officials shall limit the number
15and duration of expulsions and suspensions to the greatest
16extent practicable, and it is recommended that they use them
17only for legitimate educational purposes. To ensure that
18students are not excluded from school unnecessarily, it is
19recommended that school officials consider forms of
20non-exclusionary discipline prior to using out-of-school
21suspensions or expulsions.
22 (b-10) Unless otherwise required by federal law or this
23Code, school boards may not institute zero-tolerance policies
24by which school administrators are required to suspend or
25expel students for particular behaviors.
26 (b-15) Out-of-school suspensions of 3 days or less may be

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1used only if the student's continuing presence in school would
2pose a threat to school safety or a disruption to other
3students' learning opportunities. For purposes of this
4subsection (b-15), "threat to school safety or a disruption to
5other students' learning opportunities" shall be determined on
6a case-by-case basis by the school board or its designee.
7School officials shall make all reasonable efforts to resolve
8such threats, address such disruptions, and minimize the
9length of suspensions to the greatest extent practicable.
10 (b-20) Unless otherwise required by this Code,
11out-of-school suspensions of longer than 3 days, expulsions,
12and disciplinary removals to alternative schools may be used
13only if other appropriate and available behavioral and
14disciplinary interventions have been exhausted and the
15student's continuing presence in school would either (i) pose
16a threat to the safety of other students, staff, or members of
17the school community or (ii) substantially disrupt, impede, or
18interfere with the operation of the school. For purposes of
19this subsection (b-20), "threat to the safety of other
20students, staff, or members of the school community" and
21"substantially disrupt, impede, or interfere with the
22operation of the school" shall be determined on a case-by-case
23basis by school officials. For purposes of this subsection
24(b-20), the determination of whether "appropriate and
25available behavioral and disciplinary interventions have been
26exhausted" shall be made by school officials. School officials

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1shall make all reasonable efforts to resolve such threats,
2address such disruptions, and minimize the length of student
3exclusions to the greatest extent practicable. Within the
4suspension decision described in subsection (b) of this
5Section or the expulsion decision described in subsection (a)
6of this Section, it shall be documented whether other
7interventions were attempted or whether it was determined that
8there were no other appropriate and available interventions.
9 (b-25) Students who are suspended out-of-school for longer
10than 4 school days shall be provided appropriate and available
11support services during the period of their suspension. For
12purposes of this subsection (b-25), "appropriate and available
13support services" shall be determined by school authorities.
14Within the suspension decision described in subsection (b) of
15this Section, it shall be documented whether such services are
16to be provided or whether it was determined that there are no
17such appropriate and available services.
18 A school district may refer students who are expelled to
19appropriate and available support services.
20 A school district shall create a policy to facilitate the
21re-engagement of students who are suspended out-of-school,
22expelled, or returning from an alternative school setting.
23 (b-30) A school district shall create a policy by which
24suspended pupils, including those pupils suspended from the
25school bus who do not have alternate transportation to school,
26shall have the opportunity to make up work for equivalent

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1academic credit. It shall be the responsibility of a pupil's
2parent or guardian to notify school officials that a pupil
3suspended from the school bus does not have alternate
4transportation to school.
5 (c) The Department of Human Services shall be invited to
6send a representative to consult with the board at such
7meeting whenever there is evidence that mental illness may be
8the cause for expulsion or suspension.
9 (c-5) School districts shall make reasonable efforts to
10provide ongoing professional development to teachers,
11administrators, school board members, school resource
12officers, and staff on the adverse consequences of school
13exclusion and justice-system involvement, effective classroom
14management strategies, culturally responsive discipline, the
15appropriate and available supportive services for the
16promotion of student attendance and engagement, and
17developmentally appropriate disciplinary methods that promote
18positive and healthy school climates.
19 (d) The board may expel a student for a definite period of
20time not to exceed 2 calendar years, as determined on a
21case-by-case basis. A student who is determined to have
22brought one of the following objects to school, any
23school-sponsored activity or event, or any activity or event
24that bears a reasonable relationship to school shall be
25expelled for a period of not less than one year:
26 (1) A firearm. For the purposes of this Section,

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1 "firearm" means any gun, rifle, shotgun, weapon as defined
2 by Section 921 of Title 18 of the United States Code,
3 firearm as defined in Section 2-7.5 1.1 of the Firearm
4 Owners Identification Card Act, or firearm as defined in
5 Section 24-1 of the Criminal Code of 2012. The expulsion
6 period under this subdivision (1) may be modified by the
7 superintendent, and the superintendent's determination may
8 be modified by the board on a case-by-case basis.
9 (2) A knife, brass knuckles or other knuckle weapon
10 regardless of its composition, a billy club, or any other
11 object if used or attempted to be used to cause bodily
12 harm, including "look alikes" of any firearm as defined in
13 subdivision (1) of this subsection (d). The expulsion
14 requirement under this subdivision (2) may be modified by
15 the superintendent, and the superintendent's determination
16 may be modified by the board on a case-by-case basis.
17Expulsion or suspension shall be construed in a manner
18consistent with the federal Individuals with Disabilities
19Education Act. A student who is subject to suspension or
20expulsion as provided in this Section may be eligible for a
21transfer to an alternative school program in accordance with
22Article 13A of the School Code.
23 (d-5) The board may suspend or by regulation authorize the
24superintendent of the district or the principal, assistant
25principal, or dean of students of any school to suspend a
26student for a period not to exceed 10 school days or may expel

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

HB1770- 24 -LRB102 11608 KMF 16942 b
1controlled by the school for illegal drugs, weapons, or other
2illegal or dangerous substances or materials, including
3searches conducted through the use of specially trained dogs.
4If a search conducted in accordance with this Section produces
5evidence that the student has violated or is violating either
6the law, local ordinance, or the school's policies or rules,
7such evidence may be seized by school authorities, and
8disciplinary action may be taken. School authorities may also
9turn over such evidence to law enforcement authorities.
10 (f) Suspension or expulsion may include suspension or
11expulsion from school and all school activities and a
12prohibition from being present on school grounds.
13 (g) A school district may adopt a policy providing that if
14a student is suspended or expelled for any reason from any
15public or private school in this or any other state, the
16student must complete the entire term of the suspension or
17expulsion in an alternative school program under Article 13A
18of this Code or an alternative learning opportunities program
19under Article 13B of this Code before being admitted into the
20school district if there is no threat to the safety of students
21or staff in the alternative program.
22 (h) School officials shall not advise or encourage
23students to drop out voluntarily due to behavioral or academic
24difficulties.
25 (i) A student may not be issued a monetary fine or fee as a
26disciplinary consequence, though this shall not preclude

HB1770- 25 -LRB102 11608 KMF 16942 b
1requiring a student to provide restitution for lost, stolen,
2or damaged property.
3 (j) Subsections (a) through (i) of this Section shall
4apply to elementary and secondary schools, charter schools,
5special charter districts, and school districts organized
6under Article 34 of this Code.
7 (k) The expulsion of children enrolled in programs funded
8under Section 1C-2 of this Code is subject to the requirements
9under paragraph (7) of subsection (a) of Section 2-3.71 of
10this Code.
11 (l) Beginning with the 2018-2019 school year, an in-school
12suspension program provided by a school district for any
13students in kindergarten through grade 12 may focus on
14promoting non-violent conflict resolution and positive
15interaction with other students and school personnel. A school
16district may employ a school social worker or a licensed
17mental health professional to oversee an in-school suspension
18program in kindergarten through grade 12.
19(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
20100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
217-12-19.)
22 (105 ILCS 5/10-27.1A)
23 Sec. 10-27.1A. Firearms in schools.
24 (a) All school officials, including teachers, guidance
25counselors, and support staff, shall immediately notify the

HB1770- 26 -LRB102 11608 KMF 16942 b
1office of the principal in the event that they observe any
2person in possession of a firearm on school grounds; provided
3that taking such immediate action to notify the office of the
4principal would not immediately endanger the health, safety,
5or welfare of students who are under the direct supervision of
6the school official or the school official. If the health,
7safety, or welfare of students under the direct supervision of
8the school official or of the school official is immediately
9endangered, the school official shall notify the office of the
10principal as soon as the students under his or her supervision
11and he or she are no longer under immediate danger. A report is
12not required by this Section when the school official knows
13that the person in possession of the firearm is a law
14enforcement official engaged in the conduct of his or her
15official duties. Any school official acting in good faith who
16makes such a report under this Section shall have immunity
17from any civil or criminal liability that might otherwise be
18incurred as a result of making the report. The identity of the
19school official making such report shall not be disclosed
20except as expressly and specifically authorized by law.
21Knowingly and willfully failing to comply with this Section is
22a petty offense. A second or subsequent offense is a Class C
23misdemeanor.
24 (b) Upon receiving a report from any school official
25pursuant to this Section, or from any other person, the
26principal or his or her designee shall immediately notify a

HB1770- 27 -LRB102 11608 KMF 16942 b
1local law enforcement agency. If the person found to be in
2possession of a firearm on school grounds is a student, the
3principal or his or her designee shall also immediately notify
4that student's parent or guardian. Any principal or his or her
5designee acting in good faith who makes such reports under
6this Section shall have immunity from any civil or criminal
7liability that might otherwise be incurred or imposed as a
8result of making the reports. Knowingly and willfully failing
9to comply with this Section is a petty offense. A second or
10subsequent offense is a Class C misdemeanor. If the person
11found to be in possession of the firearm on school grounds is a
12minor, the law enforcement agency shall detain that minor
13until such time as the agency makes a determination pursuant
14to clause (a) of subsection (1) of Section 5-401 of the
15Juvenile Court Act of 1987, as to whether the agency
16reasonably believes that the minor is delinquent. If the law
17enforcement agency determines that probable cause exists to
18believe that the minor committed a violation of item (4) of
19subsection (a) of Section 24-1 of the Criminal Code of 2012
20while on school grounds, the agency shall detain the minor for
21processing pursuant to Section 5-407 of the Juvenile Court Act
22of 1987.
23 (c) On or after January 1, 1997, upon receipt of any
24written, electronic, or verbal report from any school
25personnel regarding a verified incident involving a firearm in
26a school or on school owned or leased property, including any

HB1770- 28 -LRB102 11608 KMF 16942 b
1conveyance owned, leased, or used by the school for the
2transport of students or school personnel, the superintendent
3or his or her designee shall report all such firearm-related
4incidents occurring in a school or on school property to the
5local law enforcement authorities immediately and to the
6Department of State Police in a form, manner, and frequency as
7prescribed by the Department of State Police.
8 The State Board of Education shall receive an annual
9statistical compilation and related data associated with
10incidents involving firearms in schools from the Department of
11State Police. The State Board of Education shall compile this
12information by school district and make it available to the
13public.
14 (d) As used in this Section, the term "firearm" shall have
15the meaning ascribed to it in Section 2-7.5 of the Criminal
16Code of 2012 1.1 of the Firearm Owners Identification Card
17Act.
18 As used in this Section, the term "school" means any
19public or private elementary or secondary school.
20 As used in this Section, the term "school grounds"
21includes the real property comprising any school, any
22conveyance owned, leased, or contracted by a school to
23transport students to or from school or a school-related
24activity, or any public way within 1,000 feet of the real
25property comprising any school.
26(Source: P.A. 97-1150, eff. 1-25-13.)

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1 (105 ILCS 5/34-8.05)
2 Sec. 34-8.05. Reporting firearms in schools. On or after
3January 1, 1997, upon receipt of any written, electronic, or
4verbal report from any school personnel regarding a verified
5incident involving a firearm in a school or on school owned or
6leased property, including any conveyance owned, leased, or
7used by the school for the transport of students or school
8personnel, the general superintendent or his or her designee
9shall report all such firearm-related incidents occurring in a
10school or on school property to the local law enforcement
11authorities no later than 24 hours after the occurrence of the
12incident and to the Department of State Police in a form,
13manner, and frequency as prescribed by the Department of State
14Police.
15 The State Board of Education shall receive an annual
16statistical compilation and related data associated with
17incidents involving firearms in schools from the Department of
18State Police. As used in this Section, the term "firearm"
19shall have the meaning ascribed to it in Section 2-7.5 of the
20Criminal Code of 2012 1.1 of the Firearm Owners Identification
21Card Act.
22(Source: P.A. 89-498, eff. 6-27-96.)
23 Section 40. The Illinois Explosives Act is amended by
24changing Section 2005 as follows:

HB1770- 30 -LRB102 11608 KMF 16942 b
1 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
2 Sec. 2005. Qualifications for licensure.
3 (a) No person shall qualify to hold a license who:
4 (1) is under 21 years of age;
5 (2) has been convicted in any court of a crime
6 punishable by imprisonment for a term exceeding one year;
7 (3) is under indictment for a crime punishable by
8 imprisonment for a term exceeding one year;
9 (4) is a fugitive from justice;
10 (5) is an unlawful user of or addicted to any
11 controlled substance as defined in Section 102 of the
12 federal Controlled Substances Act (21 U.S.C. Sec. 802 et
13 seq.);
14 (6) has been adjudicated a person with a mental
15 disability as defined in Section 6-103.1 of the Mental
16 Health and Developmental Disabilities Code 1.1 of the
17 Firearm Owners Identification Card Act; or
18 (7) is not a legal citizen of the United States or
19 lawfully admitted for permanent residence.
20 (b) A person who has been granted a "relief from
21disabilities" regarding criminal convictions and indictments,
22pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
23845) may receive a license provided all other qualifications
24under this Act are met.
25(Source: P.A. 101-541, eff. 8-23-19.)

HB1770- 31 -LRB102 11608 KMF 16942 b
1 Section 45. The Private Detective, Private Alarm, Private
2Security, and Locksmith Act of 2004 is amended by changing
3Sections 35-30 and 35-35 as follows:
4 (225 ILCS 447/35-30)
5 (Section scheduled to be repealed on January 1, 2024)
6 Sec. 35-30. Employee requirements. All employees of a
7licensed agency, other than those exempted, shall apply for a
8permanent employee registration card. The holder of an agency
9license issued under this Act, known in this Section as
10"employer", may employ in the conduct of his or her business
11employees under the following provisions:
12 (a) No person shall be issued a permanent employee
13registration card who:
14 (1) Is younger than 18 years of age.
15 (2) Is younger than 21 years of age if the services
16 will include being armed.
17 (3) Has been determined by the Department to be unfit
18 by reason of conviction of an offense in this or another
19 state, including registration as a sex offender, but not
20 including a traffic offense. Persons convicted of felonies
21 involving bodily harm, weapons, violence, or theft within
22 the previous 10 years shall be presumed to be unfit for
23 registration. The Department shall adopt rules for making
24 those determinations that shall afford the applicant due

HB1770- 32 -LRB102 11608 KMF 16942 b
1 process of law.
2 (4) Has had a license or permanent employee
3 registration card denied, suspended, or revoked under this
4 Act (i) within one year before the date the person's
5 application for permanent employee registration card is
6 received by the Department; and (ii) that refusal, denial,
7 suspension, or revocation was based on any provision of
8 this Act other than Section 40-50, item (6) or (8) of
9 subsection (a) of Section 15-10, subsection (b) of Section
10 15-10, item (6) or (8) of subsection (a) of Section 20-10,
11 subsection (b) of Section 20-10, item (6) or (8) of
12 subsection (a) of Section 25-10, subsection (b) of Section
13 25-10, item (7) of subsection (a) of Section 30-10,
14 subsection (b) of Section 30-10, or Section 10-40.
15 (5) Has been declared incompetent by any court of
16 competent jurisdiction by reason of mental disease or
17 defect and has not been restored.
18 (6) Has been dishonorably discharged from the armed
19 services of the United States.
20 (b) No person may be employed by a private detective
21agency, private security contractor agency, private alarm
22contractor agency, fingerprint vendor agency, or locksmith
23agency under this Section until he or she has executed and
24furnished to the employer, on forms furnished by the
25Department, a verified statement to be known as "Employee's
26Statement" setting forth:

HB1770- 33 -LRB102 11608 KMF 16942 b
1 (1) The person's full name, age, and residence
2 address.
3 (2) The business or occupation engaged in for the 5
4 years immediately before the date of the execution of the
5 statement, the place where the business or occupation was
6 engaged in, and the names of employers, if any.
7 (3) That the person has not had a license or employee
8 registration denied, revoked, or suspended under this Act
9 (i) within one year before the date the person's
10 application for permanent employee registration card is
11 received by the Department; and (ii) that refusal, denial,
12 suspension, or revocation was based on any provision of
13 this Act other than Section 40-50, item (6) or (8) of
14 subsection (a) of Section 15-10, subsection (b) of Section
15 15-10, item (6) or (8) of subsection (a) of Section 20-10,
16 subsection (b) of Section 20-10, item (6) or (8) of
17 subsection (a) of Section 25-10, subsection (b) of Section
18 25-10, item (7) of subsection (a) of Section 30-10,
19 subsection (b) of Section 30-10, or Section 10-40.
20 (4) Any conviction of a felony or misdemeanor.
21 (5) Any declaration of incompetence by a court of
22 competent jurisdiction that has not been restored.
23 (6) Any dishonorable discharge from the armed services
24 of the United States.
25 (7) Any other information as may be required by any
26 rule of the Department to show the good character,

HB1770- 34 -LRB102 11608 KMF 16942 b
1 competency, and integrity of the person executing the
2 statement.
3 (c) Each applicant for a permanent employee registration
4card shall have his or her fingerprints submitted to the
5Department of State Police in an electronic format that
6complies with the form and manner for requesting and
7furnishing criminal history record information as prescribed
8by the Department of State Police. These fingerprints shall be
9checked against the Department of State Police and Federal
10Bureau of Investigation criminal history record databases now
11and hereafter filed. The Department of State Police shall
12charge applicants a fee for conducting the criminal history
13records check, which shall be deposited in the State Police
14Services Fund and shall not exceed the actual cost of the
15records check. The Department of State Police shall furnish,
16pursuant to positive identification, records of Illinois
17convictions to the Department. The Department may require
18applicants to pay a separate fingerprinting fee, either to the
19Department or directly to the vendor. The Department, in its
20discretion, may allow an applicant who does not have
21reasonable access to a designated vendor to provide his or her
22fingerprints in an alternative manner. The Department, in its
23discretion, may also use other procedures in performing or
24obtaining criminal background checks of applicants. Instead of
25submitting his or her fingerprints, an individual may submit
26proof that is satisfactory to the Department that an

HB1770- 35 -LRB102 11608 KMF 16942 b
1equivalent security clearance has been conducted. Also, an
2individual who has retired as a peace officer within 12 months
3of application may submit verification, on forms provided by
4the Department and signed by his or her employer, of his or her
5previous full-time employment as a peace officer.
6 (d) The Department shall issue a permanent employee
7registration card, in a form the Department prescribes, to all
8qualified applicants. The holder of a permanent employee
9registration card shall carry the card at all times while
10actually engaged in the performance of the duties of his or her
11employment. Expiration and requirements for renewal of
12permanent employee registration cards shall be established by
13rule of the Department. Possession of a permanent employee
14registration card does not in any way imply that the holder of
15the card is employed by an agency unless the permanent
16employee registration card is accompanied by the employee
17identification card required by subsection (f) of this
18Section.
19 (e) Each employer shall maintain a record of each employee
20that is accessible to the duly authorized representatives of
21the Department. The record shall contain the following
22information:
23 (1) A photograph taken within 10 days of the date that
24 the employee begins employment with the employer. The
25 photograph shall be replaced with a current photograph
26 every 3 calendar years.

HB1770- 36 -LRB102 11608 KMF 16942 b
1 (2) The Employee's Statement specified in subsection
2 (b) of this Section.
3 (3) All correspondence or documents relating to the
4 character and integrity of the employee received by the
5 employer from any official source or law enforcement
6 agency.
7 (4) In the case of former employees, the employee
8 identification card of that person issued under subsection
9 (f) of this Section. Each employee record shall duly note
10 if the employee is employed in an armed capacity. Armed
11 employee files shall contain a copy of an active firearm
12 owner's identification card and a copy of an active
13 firearm control card. Each employer shall maintain a
14 record for each armed employee of each instance in which
15 the employee's weapon was discharged during the course of
16 his or her professional duties or activities. The record
17 shall be maintained on forms provided by the Department, a
18 copy of which must be filed with the Department within 15
19 days of an instance. The record shall include the date and
20 time of the occurrence, the circumstances involved in the
21 occurrence, and any other information as the Department
22 may require. Failure to provide this information to the
23 Department or failure to maintain the record as a part of
24 each armed employee's permanent file is grounds for
25 disciplinary action. The Department, upon receipt of a
26 report, shall have the authority to make any investigation

HB1770- 37 -LRB102 11608 KMF 16942 b
1 it considers appropriate into any occurrence in which an
2 employee's weapon was discharged and to take disciplinary
3 action as may be appropriate.
4 (5) A copy of the employee's permanent employee
5 registration card or a copy of the Department's "License
6 Lookup" Webpage showing that the employee has been issued
7 a valid permanent employee registration card by the
8 Department.
9 The Department may, by rule, prescribe further record
10requirements.
11 (f) Every employer shall furnish an employee
12identification card to each of his or her employees. This
13employee identification card shall contain a recent photograph
14of the employee, the employee's name, the name and agency
15license number of the employer, the employee's personal
16description, the signature of the employer, the signature of
17that employee, the date of issuance, and an employee
18identification card number.
19 (g) No employer may issue an employee identification card
20to any person who is not employed by the employer in accordance
21with this Section or falsely state or represent that a person
22is or has been in his or her employ. It is unlawful for an
23applicant for registered employment to file with the
24Department the fingerprints of a person other than himself or
25herself.
26 (h) Every employer shall obtain the identification card of

HB1770- 38 -LRB102 11608 KMF 16942 b
1every employee who terminates employment with him or her.
2 (i) Every employer shall maintain a separate roster of the
3names of all employees currently working in an armed capacity
4and submit the roster to the Department on request.
5 (j) No agency may employ any person to perform a licensed
6activity under this Act unless the person possesses a valid
7permanent employee registration card or a valid license under
8this Act, or is exempt pursuant to subsection (n).
9 (k) Notwithstanding the provisions of subsection (j), an
10agency may employ a person in a temporary capacity if all of
11the following conditions are met:
12 (1) The agency completes in its entirety and submits
13 to the Department an application for a permanent employee
14 registration card, including the required fingerprint
15 receipt and fees.
16 (2) The agency has verification from the Department
17 that the applicant has no record of any criminal
18 conviction pursuant to the criminal history check
19 conducted by the Department of State Police. The agency
20 shall maintain the verification of the results of the
21 Department of State Police criminal history check as part
22 of the employee record as required under subsection (e) of
23 this Section.
24 (3) The agency exercises due diligence to ensure that
25 the person is qualified under the requirements of the Act
26 to be issued a permanent employee registration card.

HB1770- 39 -LRB102 11608 KMF 16942 b
1 (4) The agency maintains a separate roster of the
2 names of all employees whose applications are currently
3 pending with the Department and submits the roster to the
4 Department on a monthly basis. Rosters are to be
5 maintained by the agency for a period of at least 24
6 months.
7 An agency may employ only a permanent employee applicant
8for which it either submitted a permanent employee application
9and all required forms and fees or it confirms with the
10Department that a permanent employee application and all
11required forms and fees have been submitted by another agency,
12licensee or the permanent employee and all other requirements
13of this Section are met.
14 The Department shall have the authority to revoke, without
15a hearing, the temporary authority of an individual to work
16upon receipt of Federal Bureau of Investigation fingerprint
17data or a report of another official authority indicating a
18criminal conviction. If the Department has not received a
19temporary employee's Federal Bureau of Investigation
20fingerprint data within 120 days of the date the Department
21received the Department of State Police fingerprint data, the
22Department may, at its discretion, revoke the employee's
23temporary authority to work with 15 days written notice to the
24individual and the employing agency.
25 An agency may not employ a person in a temporary capacity
26if it knows or reasonably should have known that the person has

HB1770- 40 -LRB102 11608 KMF 16942 b
1been convicted of a crime under the laws of this State, has
2been convicted in another state of any crime that is a crime
3under the laws of this State, has been convicted of any crime
4in a federal court, or has been posted as an unapproved
5applicant by the Department. Notice by the Department to the
6agency, via certified mail, personal delivery, electronic
7mail, or posting on the Department's Internet site accessible
8to the agency that the person has been convicted of a crime
9shall be deemed constructive knowledge of the conviction on
10the part of the agency. The Department may adopt rules to
11implement this subsection (k).
12 (l) No person may be employed under this Section in any
13capacity if:
14 (1) the person, while so employed, is being paid by
15 the United States or any political subdivision for the
16 time so employed in addition to any payments he or she may
17 receive from the employer; or
18 (2) the person wears any portion of his or her
19 official uniform, emblem of authority, or equipment while
20 so employed.
21 (m) If information is discovered affecting the
22registration of a person whose fingerprints were submitted
23under this Section, the Department shall so notify the agency
24that submitted the fingerprints on behalf of that person.
25 (n) Peace officers shall be exempt from the requirements
26of this Section relating to permanent employee registration

HB1770- 41 -LRB102 11608 KMF 16942 b
1cards. The agency shall remain responsible for any peace
2officer employed under this exemption, regardless of whether
3the peace officer is compensated as an employee or as an
4independent contractor and as further defined by rule.
5 (o) Persons who have no access to confidential or security
6information, who do not go to a client's or prospective
7client's residence or place of business, and who otherwise do
8not provide traditional security services are exempt from
9employee registration. Examples of exempt employees include,
10but are not limited to, employees working in the capacity of
11ushers, directors, ticket takers, cashiers, drivers, and
12reception personnel. Confidential or security information is
13that which pertains to employee files, scheduling, client
14contracts, or technical security and alarm data.
15 (p) An applicant who is 21 years of age or older seeking a
16religious exemption to the photograph requirement of this
17Section shall furnish with the application an approved copy of
18United States Department of the Treasury Internal Revenue
19Service Form 4029. Regardless of age, an applicant seeking a
20religious exemption to this photograph requirement shall
21submit fingerprints in a form and manner prescribed by the
22Department with his or her application in lieu of a
23photograph.
24(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
25 (225 ILCS 447/35-35)

HB1770- 42 -LRB102 11608 KMF 16942 b
1 (Section scheduled to be repealed on January 1, 2024)
2 Sec. 35-35. Requirement of a firearm control card.
3 (a) No person shall perform duties that include the use,
4carrying, or possession of a firearm in the performance of
5those duties without complying with the provisions of this
6Section and having been issued a valid firearm control card by
7the Department.
8 (b) No employer shall employ any person to perform the
9duties for which licensure or employee registration is
10required and allow that person to carry a firearm unless that
11person has complied with all the firearm training requirements
12of this Section and has been issued a firearm control card.
13This Act permits only the following to carry firearms while
14actually engaged in the performance of their duties or while
15commuting directly to or from their places of employment:
16persons licensed as private detectives and their registered
17employees; persons licensed as private security contractors
18and their registered employees; persons licensed as private
19alarm contractors and their registered employees; and
20employees of a registered armed proprietary security force.
21 (c) Possession of a valid firearm control card allows a
22licensee or employee to carry a firearm not otherwise
23prohibited by law while the licensee or employee is engaged in
24the performance of his or her duties or while the licensee or
25employee is commuting directly to or from the licensee's or
26employee's place or places of employment.

HB1770- 43 -LRB102 11608 KMF 16942 b
1 (d) The Department shall issue a firearm control card to a
2person who has passed an approved firearm training course, who
3is currently licensed or employed by an agency licensed by
4this Act and has met all the requirements of this Act, and who
5is not prohibited under State or federal law from possessing a
6firearm possesses a valid firearm owner identification card.
7Application for the firearm control card shall be made by the
8employer to the Department on forms provided by the
9Department. The Department shall forward the card to the
10employer who shall be responsible for its issuance to the
11licensee or employee. The firearm control card shall be issued
12by the Department and shall identify the person holding it and
13the name of the course where the licensee or employee received
14firearm instruction and shall specify the type of weapon or
15weapons the person is authorized by the Department to carry
16and for which the person has been trained.
17 (e) Expiration and requirements for renewal of firearm
18control cards shall be determined by rule.
19 (f) The Department may, in addition to any other
20disciplinary action permitted by this Act, refuse to issue,
21suspend, or revoke a firearm control card if the applicant or
22holder has been convicted of any felony or crime involving the
23illegal use, carrying, or possession of a deadly weapon or for
24a violation of this Act or rules adopted promulgated under
25this Act. The Department shall refuse to issue or shall revoke
26a firearm control card if the applicant or holder is

HB1770- 44 -LRB102 11608 KMF 16942 b
1prohibited under State or federal law from possessing a
2firearm fails to possess a valid firearm owners identification
3card without hearing. The Secretary shall summarily suspend a
4firearm control card if the Secretary finds that its continued
5use would constitute an imminent danger to the public. A
6hearing shall be held before the Board within 30 days if the
7Secretary summarily suspends a firearm control card.
8 (g) Notwithstanding any other provision of this Act to the
9contrary, all requirements relating to firearms control cards
10do not apply to a peace officer. If an individual ceases to be
11employed as a peace officer and continues to perform services
12in an armed capacity under this Act that are licensed
13activities, then the individual is required to obtain a
14permanent employee registration card pursuant to Section 35-30
15of this Act and must possess a valid Firearm Owner's
16Identification Card, but is not required to obtain a firearm
17control card if the individual is otherwise in continuing
18compliance with the federal Law Enforcement Officers Safety
19Act of 2004. If an individual elects to carry a firearm
20pursuant to the federal Law Enforcement Officers Safety Act of
212004, then the agency employing the officer is required to
22submit a notice of that election to the Department along with a
23fee specified by rule.
24 (h) The Department may issue a temporary firearm control
25card pending issuance of a new firearm control card upon an
26agency's acquiring of an established armed account. An agency

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1that has acquired armed employees as a result of acquiring an
2established armed account may, on forms supplied by the
3Department, request the issuance of a temporary firearm
4control card for each acquired employee who held a valid
5firearm control card under his or her employment with the
6newly acquired established armed account immediately preceding
7the acquiring of the account and who continues to meet all of
8the qualifications for issuance of a firearm control card set
9forth in this Act and any rules adopted under this Act. The
10Department shall, by rule, set the fee for issuance of a
11temporary firearm control card.
12 (i) The Department shall not issue a firearm control card
13to a licensed fingerprint vendor or a licensed locksmith or
14employees of a licensed fingerprint vendor agency or a
15licensed locksmith agency.
16(Source: P.A. 100-712, eff. 8-3-18.)
17 Section 50. The Mental Health and Developmental
18Disabilities Code is amended by changing Sections 6-103.1,
196-103.2, and 6-103.3 as follows:
20 (405 ILCS 5/6-103.1)
21 Sec. 6-103.1. Adjudication as a person with a mental
22disability. When a person has been adjudicated as a person
23with a mental disability as defined in Section 1.1 of the
24Firearm Owners Identification Card Act, including, but not

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1limited to, an adjudication as a person with a disability as
2defined in Section 11a-2 of the Probate Act of 1975, the court
3shall direct the circuit court clerk to notify the Department
4of State Police, Firearm Owner's Identification (FOID) Office,
5in a form and manner prescribed by the Department of State
6Police, and shall forward a copy of the court order to the
7Department no later than 7 days after the entry of the order.
8Upon receipt of the order, the Department of State Police
9shall provide notification to the National Instant Criminal
10Background Check System. In this Section, "has been
11adjudicated as a mentally disabled person" means the person is
12the subject of a determination by a court, board, commission,
13or other lawful authority that the person, as a result of
14marked subnormal intelligence, or mental illness, mental
15impairment, incompetency, condition, or disease:
16 (1) presents a clear and present danger to himself,
17 herself, or to others;
18 (2) lacks the mental capacity to manage his or her own
19 affairs or is adjudicated a disabled person as defined in
20 Section 11a-2 of the Probate Act of 1975;
21 (3) is not guilty in a criminal case by reason of
22 insanity, mental disease or defect;
23 (3.5) is guilty but mentally ill, as provided in
24 Section 5-2-6 of the Unified Code of Corrections;
25 (4) is unfit to stand trial in a criminal case;
26 (5) is not guilty by reason of lack of mental

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1 responsibility under Articles 50a and 72b of the Uniform
2 Code of Military Justice, 10 U.S.C. 850a, 876b;
3 (6) is a sexually violent person under subsection (f)
4 of Section 5 of the Sexually Violent Persons Commitment
5 Act;
6 (7) is a sexually dangerous person under the Sexually
7 Dangerous Persons Act;
8 (8) is unfit to stand trial under the Juvenile Court
9 Act of 1987;
10 (9) is not guilty by reason of insanity under the
11 Juvenile Court Act of 1987;
12 (10) is a person subject to involuntary admission on
13 an inpatient basis as defined in Section 1-119 of the
14 Mental Health and Developmental Disabilities Code;
15 (11) is a person subject to involuntary admission on
16 an outpatient basis as defined in Section 1-119.1 of the
17 Mental Health and Developmental Disabilities Code;
18 (12) is subject to judicial admission as set forth in
19 Section 4-500 of the Mental Health and Developmental
20 Disabilities Code; or
21 (13) is subject to the provisions of the Interstate
22 Agreements on Sexually Dangerous Persons Act.
23(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
24 (405 ILCS 5/6-103.2)
25 Sec. 6-103.2. Developmental disability; notice. If a

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1person 14 years old or older is determined to be a person with
2a developmental disability by a physician, clinical
3psychologist, or qualified examiner, the physician, clinical
4psychologist, or qualified examiner shall notify the
5Department of Human Services within 7 days of making the
6determination that the person has a developmental disability.
7The Department of Human Services shall immediately update its
8records and information relating to mental health and
9developmental disabilities, and if appropriate, shall notify
10the Department of State Police in a form and manner prescribed
11by the Department of State Police. Information disclosed under
12this Section shall remain privileged and confidential, and
13shall not be redisclosed, except as required under clause
14(e)(2) of Section 24-4.5 of the Criminal Code of 2012
15subsection (e) of Section 3.1 of the Firearm Owners
16Identification Card Act, nor used for any other purpose. The
17method of providing this information shall guarantee that the
18information is not released beyond that which is necessary for
19the purpose of this Section and shall be provided by rule by
20the Department of Human Services. The identity of the person
21reporting under this Section shall not be disclosed to the
22subject of the report.
23 The physician, clinical psychologist, or qualified
24examiner making the determination and his or her employer may
25not be held criminally, civilly, or professionally liable for
26making or not making the notification required under this

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1Section, except for willful or wanton misconduct.
2 In this Section, "developmentally disabled" has the
3meaning ascribed to it in Section 12 of the Mental Health and
4Developmental Disabilities Confidentiality Act.
5 In For purposes of this Section, "developmental
6disability" means a disability which is attributable to any
7other condition which results in impairment similar to that
8caused by an intellectual disability and which requires
9services similar to those required by intellectually disabled
10persons. The disability must originate before the age of 18
11years, be expected to continue indefinitely, and constitute a
12substantial disability. This disability results, in the
13professional opinion of a physician, clinical psychologist, or
14qualified examiner, in significant functional limitations in 3
15or more of the following areas of major life activity:
16 (i) self-care;
17 (ii) receptive and expressive language;
18 (iii) learning;
19 (iv) mobility; or
20 (v) self-direction.
21 "Determined to be a person with a developmental disability
22by a physician, clinical psychologist, or qualified examiner"
23means in the professional opinion of the physician, clinical
24psychologist, or qualified examiner, a person is diagnosed,
25assessed, or evaluated as having a developmental disability.
26(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

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1eff. 7-27-15; 99-642, eff. 7-28-16.)
2 (405 ILCS 5/6-103.3)
3 Sec. 6-103.3. Clear and present danger; notice. If a
4person is determined to pose a clear and present danger to
5himself, herself, or to others by a physician, clinical
6psychologist, or qualified examiner, whether employed by the
7State, by any public or private mental health facility or part
8thereof, or by a law enforcement official or a school
9administrator, then the physician, clinical psychologist,
10qualified examiner shall notify the Department of Human
11Services and a law enforcement official or school
12administrator shall notify the Department of State Police,
13within 24 hours of making the determination that the person
14poses a clear and present danger. The Department of Human
15Services shall immediately update its records and information
16relating to mental health and developmental disabilities, and
17if appropriate, shall notify the Department of State Police in
18a form and manner prescribed by the Department of State
19Police. Information disclosed under this Section shall remain
20privileged and confidential, and shall not be redisclosed,
21except as required under clause (e)(2) of Section 24-4.5 of
22the Criminal Code of 2012 subsection (e) of Section 3.1 of the
23Firearm Owners Identification Card Act, nor used for any other
24purpose. The method of providing this information shall
25guarantee that the information is not released beyond that

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1which is necessary for the purpose of this Section and shall be
2provided by rule by the Department of Human Services. The
3identity of the person reporting under this Section shall not
4be disclosed to the subject of the report. The physician,
5clinical psychologist, qualified examiner, law enforcement
6official, or school administrator making the determination and
7his or her employer shall not be held criminally, civilly, or
8professionally liable for making or not making the
9notification required under this Section, except for willful
10or wanton misconduct. This Section does not apply to a law
11enforcement official, if making the notification under this
12Section will interfere with an ongoing or pending criminal
13investigation.
14 In For the purposes of this Section:
15 "Clear and present danger" means a person who:
16 (1) communicates a serious threat of physical
17 violence against a reasonably identifiable victim or
18 poses a clear and imminent risk of serious physical
19 injury to himself, herself, or another person as
20 determined by a physician, clinical psychologist, or
21 qualified examiner; or
22 (2) demonstrates threatening physical or verbal
23 behavior, such as violent, suicidal, or assaultive
24 threats, actions, or other behavior, as determined by
25 a physician, clinical psychologist, qualified
26 examiner, school administrator, or law enforcement

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1 official.
2 "Physician", "clinical psychologist", and "qualified
3 examiner" have the meanings ascribed to them in the Mental
4 Health and Developmental Disabilities Code has the meaning
5 ascribed to it in Section 1.1 of the Firearm Owners
6 Identification Card Act.
7 "Determined to pose a clear and present danger to
8 himself, herself, or to others by a physician, clinical
9 psychologist, or qualified examiner" means in the
10 professional opinion of the physician, clinical
11 psychologist, or qualified examiner, a person poses a
12 clear and present danger.
13 "School administrator" means the person required to
14 report under the School Administrator Reporting of Mental
15 Health Clear and Present Danger Determinations Law.
16(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
17 Section 55. The Lead Poisoning Prevention Act is amended
18by changing Section 2 as follows:
19 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
20 Sec. 2. Definitions. As used in this Act:
21 "Child care facility" means any structure used by a child
22care provider licensed by the Department of Children and
23Family Services or public or private school structure
24frequented by children 6 years of age or younger.

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

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1elevated blood lead levels in children, percentage of
2population living below 200% of federal poverty guidelines,
3and number of children residing in the area who are 6 years of
4age or younger.
5 "Lead abatement" means any approved work practices that
6will permanently eliminate lead exposure or remove the
7lead-bearing substances in a regulated facility. The
8Department shall establish by rule which work practices are
9approved or prohibited for lead abatement.
10 "Lead abatement contractor" means any person or entity
11licensed by the Department to perform lead abatement and
12mitigation.
13 "Lead abatement supervisor" means any person employed by a
14lead abatement contractor and licensed by the Department to
15perform lead abatement and lead mitigation and to supervise
16lead workers who perform lead abatement and lead mitigation.
17 "Lead abatement worker" means any person employed by a
18lead abatement contractor and licensed by the Department to
19perform lead abatement and mitigation.
20 "Lead activities" means the conduct of any lead services,
21including, lead inspection, lead risk assessment, lead
22mitigation, or lead abatement work or supervision in a
23regulated facility.
24 "Lead-bearing substance" means any item containing or
25coated with lead such that the lead content is more than
26six-hundredths of one percent (0.06%) lead by total weight; or

HB1770- 55 -LRB102 11608 KMF 16942 b
1any dust on surfaces or in furniture or other nonpermanent
2elements of the regulated facility; or any paint or other
3surface coating material containing more than five-tenths of
4one percent (0.5%) lead by total weight (calculated as lead
5metal) in the total non-volatile content of liquid paint; or
6lead-bearing substances containing greater than one milligram
7per square centimeter or any lower standard for lead content
8in residential paint as may be established by federal law or
9rule; or more than 1 milligram per square centimeter in the
10dried film of paint or previously applied substance; or item
11or dust on item containing lead in excess of the amount
12specified in the rules authorized by this Act or a lower
13standard for lead content as may be established by federal law
14or rule. "Lead-bearing substance" does not include firearm
15ammunition or components as defined by Section 2-7.1 of the
16Criminal Code of 2012 the Firearm Owners Identification Card
17Act.
18 "Lead hazard" means a lead-bearing substance that poses an
19immediate health hazard to humans.
20 "Lead hazard screen" means a lead risk assessment that
21involves limited dust and paint sampling for lead-bearing
22substances and lead hazards. This service is used as a
23screening tool designed to determine if further lead
24investigative services are required for the regulated
25facility.
26 "Lead inspection" means a surface-by-surface investigation

HB1770- 56 -LRB102 11608 KMF 16942 b
1to determine the presence of lead-based paint.
2 "Lead inspector" means an individual who has been trained
3by a Department-approved training program and is licensed by
4the Department to conduct lead inspections; to sample for the
5presence of lead in paint, dust, soil, and water; and to
6conduct compliance investigations.
7 "Lead mitigation" means the remediation, in a manner
8described in Section 9, of a lead hazard so that the
9lead-bearing substance does not pose an immediate health
10hazard to humans.
11 "Lead poisoning" means having an elevated blood lead
12level.
13 "Lead risk assessment" means an on-site investigation to
14determine the existence, nature, severity, and location of
15lead hazards. "Lead risk assessment" includes any lead
16sampling and visual assessment associated with conducting a
17lead risk assessment and lead hazard screen and all lead
18sampling associated with compliance investigations.
19 "Lead risk assessor" means an individual who has been
20trained by a Department-approved training program and is
21licensed by the Department to conduct lead risk assessments,
22lead inspections, and lead hazard screens; to sample for the
23presence of lead in paint, dust, soil, water, and sources for
24lead-bearing substances; and to conduct compliance
25investigations.
26 "Lead training program provider" means any person

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1providing Department-approved lead training in Illinois to
2individuals seeking licensure in accordance with the Act.
3 "Low risk area" means an area in the State determined by
4the Department to be low risk for lead exposure for children 6
5years of age or younger. The Department may consider the
6factors named in "high risk area" to determine low risk areas.
7 "Owner" means any person, who alone, jointly, or severally
8with others:
9 (a) Has legal title to any regulated facility, with or
10 without actual possession of the regulated facility, or
11 (b) Has charge, care, or control of the regulated
12 facility as owner or agent of the owner, or as executor,
13 administrator, trustee, or guardian of the estate of the
14 owner.
15 "Person" means any individual, partnership, firm, company,
16limited liability company, corporation, association, joint
17stock company, trust, estate, political subdivision, State
18agency, or any other legal entity, or their legal
19representative, agent, or assign.
20 "Regulated facility" means a residential building or child
21care facility.
22 "Residential building" means any room, group of rooms, or
23other interior areas of a structure designed or used for human
24habitation; common areas accessible by inhabitants; and the
25surrounding property or structures.
26(Source: P.A. 100-723, eff. 1-1-19.)

HB1770- 58 -LRB102 11608 KMF 16942 b
1 (430 ILCS 65/Act rep.)
2 Section 60. The Firearm Owners Identification Card Act is
3repealed.
4 Section 65. The Firearm Concealed Carry Act is amended by
5changing Sections 25, 30, 40, 70, 80, and 105 as follows:
6 (430 ILCS 66/25)
7 Sec. 25. Qualifications for a license.
8 The Department shall issue a license to an applicant
9completing an application in accordance with Section 30 of
10this Act if the person:
11 (1) is at least 21 years of age;
12 (2) has a currently valid Firearm Owner's
13 Identification Card and at the time of application meets
14 the requirements for the issuance of a Firearm Owner's
15 Identification Card and is not prohibited under State or
16 the Firearm Owners Identification Card Act or federal law
17 from possessing or receiving a firearm;
18 (3) has not been convicted or found guilty in this
19 State or in any other state of:
20 (A) a misdemeanor involving the use or threat of
21 physical force or violence to any person within the 5
22 years preceding the date of the license application;
23 or

HB1770- 59 -LRB102 11608 KMF 16942 b
1 (B) 2 or more violations related to driving while
2 under the influence of alcohol, other drug or drugs,
3 intoxicating compound or compounds, or any combination
4 thereof, within the 5 years preceding the date of the
5 license application;
6 (4) is not the subject of a pending arrest warrant,
7 prosecution, or proceeding for an offense or action that
8 could lead to disqualification to own or possess a
9 firearm;
10 (5) has not been in residential or court-ordered
11 treatment for alcoholism, alcohol detoxification, or drug
12 treatment within the 5 years immediately preceding the
13 date of the license application; and
14 (6) has completed firearms training and any education
15 component required under Section 75 of this Act.
16(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
17 (430 ILCS 66/30)
18 Sec. 30. Contents of license application.
19 (a) The license application shall be in writing, under
20penalty of perjury, on a standard form adopted by the
21Department and shall be accompanied by the documentation
22required in this Section and the applicable fee. Each
23application form shall include the following statement printed
24in bold type: "Warning: Entering false information on this
25form is punishable as perjury under Section 32-2 of the

HB1770- 60 -LRB102 11608 KMF 16942 b
1Criminal Code of 2012."
2 (b) The application shall contain the following:
3 (1) the applicant's name, current address, date and
4 year of birth, place of birth, height, weight, hair color,
5 eye color, maiden name or any other name the applicant has
6 used or identified with, and any address where the
7 applicant resided for more than 30 days within the 10
8 years preceding the date of the license application;
9 (2) the applicant's valid driver's license number or
10 valid state identification card number;
11 (3) a waiver of the applicant's privacy and
12 confidentiality rights and privileges under all federal
13 and state laws, including those limiting access to
14 juvenile court, criminal justice, psychological, or
15 psychiatric records or records relating to any
16 institutionalization of the applicant, and an affirmative
17 request that a person having custody of any of these
18 records provide it or information concerning it to the
19 Department. The waiver only applies to records sought in
20 connection with determining whether the applicant
21 qualifies for a license to carry a concealed firearm under
22 this Act, or whether the applicant remains in compliance
23 with the Firearm Owners Identification Card Act;
24 (4) an affirmation that the applicant is not
25 prohibited under State or federal law from possessing or
26 receiving a firearm possesses a currently valid Firearm

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1 Owner's Identification Card and card number if possessed
2 or notice the applicant is applying for a Firearm Owner's
3 Identification Card in conjunction with the license
4 application;
5 (5) an affirmation that the applicant has not been
6 convicted or found guilty of:
7 (A) a felony;
8 (B) a misdemeanor involving the use or threat of
9 physical force or violence to any person within the 5
10 years preceding the date of the application; or
11 (C) 2 or more violations related to driving while
12 under the influence of alcohol, other drug or drugs,
13 intoxicating compound or compounds, or any combination
14 thereof, within the 5 years preceding the date of the
15 license application; and
16 (6) whether the applicant has failed a drug test for a
17 drug for which the applicant did not have a prescription,
18 within the previous year, and if so, the provider of the
19 test, the specific substance involved, and the date of the
20 test;
21 (7) written consent for the Department to review and
22 use the applicant's Illinois digital driver's license or
23 Illinois identification card photograph and signature;
24 (8) a full set of fingerprints submitted to the
25 Department in electronic format, provided the Department
26 may accept an application submitted without a set of

HB1770- 62 -LRB102 11608 KMF 16942 b
1 fingerprints in which case the Department shall be granted
2 30 days in addition to the 90 days provided under
3 subsection (e) of Section 10 of this Act to issue or deny a
4 license;
5 (9) a head and shoulder color photograph in a size
6 specified by the Department taken within the 30 days
7 preceding the date of the license application; and
8 (10) a photocopy of any certificates or other evidence
9 of compliance with the training requirements under this
10 Act.
11(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
12 (430 ILCS 66/40)
13 Sec. 40. Non-resident license applications.
14 (a) For the purposes of this Section, "non-resident" means
15a person who has not resided within this State for more than 30
16days and resides in another state or territory.
17 (b) The Department shall by rule allow for non-resident
18license applications from any state or territory of the United
19States with laws related to firearm ownership, possession, and
20carrying, that are substantially similar to the requirements
21to obtain a license under this Act.
22 (c) A resident of a state or territory approved by the
23Department under subsection (b) of this Section may apply for
24a non-resident license. The applicant shall apply to the
25Department and must meet all of the qualifications established

HB1770- 63 -LRB102 11608 KMF 16942 b
1in Section 25 of this Act, except for the Illinois residency
2requirement in item (xiv) of paragraph (2) of subsection (a)
3of Section 4 of the Firearm Owners Identification Card Act.
4The applicant shall submit:
5 (1) the application and documentation required under
6 Section 30 of this Act and the applicable fee;
7 (2) a notarized document stating that the applicant:
8 (A) is eligible under federal law and the laws of
9 his or her state or territory of residence to own or
10 possess a firearm;
11 (B) if applicable, has a license or permit to
12 carry a firearm or concealed firearm issued by his or
13 her state or territory of residence and attach a copy
14 of the license or permit to the application;
15 (C) understands Illinois laws pertaining to the
16 possession and transport of firearms; and
17 (D) acknowledges that the applicant is subject to
18 the jurisdiction of the Department and Illinois courts
19 for any violation of this Act;
20 (3) a photocopy of any certificates or other evidence
21 of compliance with the training requirements under Section
22 75 of this Act; and
23 (4) a head and shoulder color photograph in a size
24 specified by the Department taken within the 30 days
25 preceding the date of the application.
26 (d) In lieu of an Illinois driver's license or Illinois

HB1770- 64 -LRB102 11608 KMF 16942 b
1identification card, a non-resident applicant shall provide
2similar documentation from his or her state or territory of
3residence. The applicant shall submit In lieu of a valid
4Firearm Owner's Identification Card, the applicant shall
5submit documentation and information required by the
6Department to obtain a Firearm Owner's Identification Card,
7including an affidavit that the non-resident meets the mental
8health standards to obtain a firearm under Illinois law, and
9the Department shall ensure that the applicant would meet the
10eligibility criteria under State law to possess a firearm to
11obtain a Firearm Owner's Identification card if he or she was a
12resident of this State.
13 (e) Nothing in this Act shall prohibit a non-resident from
14transporting a concealed firearm within his or her vehicle in
15Illinois, if the concealed firearm remains within his or her
16vehicle and the non-resident:
17 (1) is not prohibited from owning or possessing a
18 firearm under federal law;
19 (2) is eligible to carry a firearm in public under the
20 laws of his or her state or territory of residence, as
21 evidenced by the possession of a concealed carry license
22 or permit issued by his or her state of residence, if
23 applicable; and
24 (3) is not in possession of a license under this Act.
25 If the non-resident leaves his or her vehicle unattended,
26he or she shall store the firearm within a locked vehicle or

HB1770- 65 -LRB102 11608 KMF 16942 b
1locked container within the vehicle in accordance with
2subsection (b) of Section 65 of this Act.
3(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
4eff. 7-20-15.)
5 (430 ILCS 66/70)
6 Sec. 70. Violations.
7 (a) A license issued or renewed under this Act shall be
8revoked if, at any time, the licensee is found to be ineligible
9for a license under this Act or the licensee is prohibited from
10possessing a firearm under State or federal law no longer
11meets the eligibility requirements of the Firearm Owners
12Identification Card Act.
13 (b) A license shall be suspended if an order of
14protection, including an emergency order of protection,
15plenary order of protection, or interim order of protection
16under Article 112A of the Code of Criminal Procedure of 1963 or
17under the Illinois Domestic Violence Act of 1986, or if a
18firearms restraining order, including an emergency firearms
19restraining order, under the Firearms Restraining Order Act,
20is issued against a licensee for the duration of the order, or
21if the Department is made aware of a similar order issued
22against the licensee in any other jurisdiction. If an order of
23protection is issued against a licensee, the licensee shall
24surrender the license, as applicable, to the court at the time
25the order is entered or to the law enforcement agency or entity

HB1770- 66 -LRB102 11608 KMF 16942 b
1serving process at the time the licensee is served the order.
2The court, law enforcement agency, or entity responsible for
3serving the order of protection shall notify the Department
4within 7 days and transmit the license to the Department.
5 (c) A license is invalid upon expiration of the license,
6unless the licensee has submitted an application to renew the
7license, and the applicant is otherwise eligible to possess a
8license under this Act.
9 (d) A licensee shall not carry a concealed firearm while
10under the influence of alcohol, other drug or drugs,
11intoxicating compound or combination of compounds, or any
12combination thereof, under the standards set forth in
13subsection (a) of Section 11-501 of the Illinois Vehicle Code.
14 A licensee in violation of this subsection (d) shall be
15guilty of a Class A misdemeanor for a first or second violation
16and a Class 4 felony for a third violation. The Department may
17suspend a license for up to 6 months for a second violation and
18shall permanently revoke a license for a third violation.
19 (e) Except as otherwise provided, a licensee in violation
20of this Act shall be guilty of a Class B misdemeanor. A second
21or subsequent violation is a Class A misdemeanor. The
22Department may suspend a license for up to 6 months for a
23second violation and shall permanently revoke a license for 3
24or more violations of Section 65 of this Act. Any person
25convicted of a violation under this Section shall pay a $150
26fee to be deposited into the Mental Health Reporting Fund,

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

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1denied. The observation of a concealed carry license in the
2possession of a person whose license has been revoked,
3suspended, or denied constitutes a sufficient basis for the
4arrest of that person for violation of this subsection. A
5violation of this subsection is a Class A misdemeanor.
6 (h) (Blank). A license issued or renewed under this Act
7shall be revoked if, at any time, the licensee is found
8ineligible for a Firearm Owner's Identification Card, or the
9licensee no longer possesses a valid Firearm Owner's
10Identification Card. A licensee whose license is revoked under
11this subsection (h) shall surrender his or her concealed carry
12license as provided for in subsection (g) of this Section.
13 This subsection shall not apply to a person who has filed
14an application with the State Police for renewal of a Firearm
15Owner's Identification Card and who is not otherwise
16ineligible to obtain a Firearm Owner's Identification Card.
17 (i) A certified firearms instructor who knowingly provides
18or offers to provide a false certification that an applicant
19has completed firearms training as required under this Act is
20guilty of a Class A misdemeanor. A person guilty of a violation
21of this subsection (i) is not eligible for court supervision.
22The Department shall permanently revoke the firearms
23instructor certification of a person convicted under this
24subsection (i).
25(Source: P.A. 100-607, eff. 1-1-19.)

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1 (430 ILCS 66/80)
2 Sec. 80. Certified firearms instructors.
3 (a) Within 60 days of the effective date of this Act, the
4Department shall begin approval of certified firearms
5instructors and enter certified firearms instructors into an
6online registry on the Department's website.
7 (b) A person who is not a certified firearms instructor
8shall not teach applicant training courses or advertise or
9otherwise represent courses they teach as qualifying their
10students to meet the requirements to receive a license under
11this Act. Each violation of this subsection is a business
12offense with a fine of at least $1,000 per violation.
13 (c) A person seeking to become a certified firearms
14instructor shall:
15 (1) be at least 21 years of age;
16 (2) be a legal resident of the United States; and
17 (3) meet the requirements of Section 25 of this Act,
18 except for the Illinois residency requirement in item
19 (xiv) of paragraph (2) of subsection (a) of Section 4 of
20 the Firearm Owners Identification Card Act; and any
21 additional uniformly applied requirements established by
22 the Department.
23 (d) A person seeking to become a certified firearms
24instructor, in addition to the requirements of subsection (c)
25of this Section, shall:
26 (1) possess a high school diploma or high school

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1 equivalency certificate; and
2 (2) have at least one of the following valid firearms
3 instructor certifications:
4 (A) certification from a law enforcement agency;
5 (B) certification from a firearm instructor course
6 offered by a State or federal governmental agency;
7 (C) certification from a firearm instructor
8 qualification course offered by the Illinois Law
9 Enforcement Training Standards Board; or
10 (D) certification from an entity approved by the
11 Department that offers firearm instructor education
12 and training in the use and safety of firearms.
13 (e) A person may have his or her firearms instructor
14certification denied or revoked if he or she does not meet the
15requirements to obtain a license under this Act, provides
16false or misleading information to the Department, or has had
17a prior instructor certification revoked or denied by the
18Department.
19(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13;
2098-718, eff. 1-1-15.)
21 (430 ILCS 66/105)
22 Sec. 105. Duty of school administrator. It is the duty of
23the principal of a public elementary or secondary school, or
24his or her designee, and the chief administrative officer of a
25private elementary or secondary school or a public or private

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1community college, college, or university, or his or her
2designee, to report to the Department of State Police when a
3student is determined to pose a clear and present danger to
4himself, herself, or to others, within 24 hours of the
5determination as provided in Section 6-103.3 of the Mental
6Health and Developmental Disabilities Code. "Clear and present
7danger" has the meaning as provided in paragraph (2) of the
8definition of "clear and present danger" in Section 6-103.3 of
9the Mental Health and Developmental Disabilities Code 1.1 of
10the Firearm Owners Identification Card Act.
11(Source: P.A. 98-63, eff. 7-9-13.)
12 Section 70. The Firearm Dealer License Certification Act
13is amended by changing Sections 5-20 and 5-25 as follows:
14 (430 ILCS 68/5-20)
15 Sec. 5-20. Additional licensee requirements.
16 (a) A certified licensee shall make a photo copy of a
17buyer's or transferee's valid photo identification card
18whenever a firearm sale transaction takes place. The photo
19copy shall be attached to the documentation detailing the
20record of sale.
21 (b) A certified licensee shall post in a conspicuous
22position on the premises where the licensee conducts business
23a sign that contains the following warning in block letters
24not less than one inch in height:

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1 "With few exceptions enumerated in the Criminal Code
2 of 2012 Firearm Owners Identification Card Act, it is
3 unlawful for you to:
4 (A) store or leave an unsecured firearm in a place
5 where a child can obtain access to it;
6 (B) sell or transfer your firearm to someone else
7 without receiving approval for the transfer from the
8 Department of State Police, or
9 (C) fail to report the loss or theft of your
10 firearm to local law enforcement within 72 hours.".
11This sign shall be created by the Department and made
12available for printing or downloading from the Department's
13website.
14 (c) No retail location established after the effective
15date of this Act shall be located within 500 feet of any
16school, pre-school, or day care facility in existence at its
17location before the retail location is established as measured
18from the nearest corner of the building holding the retail
19location to the corner of the school, pre-school, or day care
20facility building nearest the retail location at the time the
21retail location seeks licensure.
22(Source: P.A. 100-1178, eff. 1-18-19.)
23 (430 ILCS 68/5-25)
24 Sec. 5-25. Exemptions. The provisions of this Act related
25to the certification of a license do not apply to a person or

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1entity that engages in the following activities:
2 (1) temporary transfers of firearms solely for use at
3 the location or on the premises where the transfer takes
4 place, such as transfers at a shooting range for use at
5 that location;
6 (2) temporary transfers of firearms solely for use
7 while in the presence of the transferor or transfers for
8 the purposes of firearm safety training by a firearms
9 safety training instructor;
10 (3) transfers of firearms among immediate family or
11 household members, as "immediate family or household
12 member" is defined in Section 3-2.7-10 of the Unified Code
13 of Corrections, provided that both the transferor and
14 transferee are not prohibited from possessing a firearm
15 under federal or State law have a currently valid Firearm
16 Owner's Identification Card; however, this paragraph (3)
17 does not limit the familial gift exemption under paragraph
18 (2) of subsection (a-15) of Section 3 of the Firearm
19 Owners Identification Card Act;
20 (4) transfers by persons or entities acting under
21 operation of law or a court order;
22 (5) transfers by persons or entities liquidating all
23 or part of a collection. For purposes of this paragraph
24 (5), "collection" means 2 or more firearms which are of
25 special interest to collectors by reason of some quality
26 other than is associated with firearms intended for

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1 sporting use or as offensive or defensive weapons;
2 (6) transfers of firearms that have been rendered
3 permanently inoperable to a nonprofit historical society,
4 museum, or institutional collection;
5 (7) transfers by a law enforcement or corrections
6 agency or a law enforcement or corrections officer acting
7 within the course and scope of his or her official duties;
8 (8) (blank); transfers to a State or local law
9 enforcement agency by a person who has his or her Firearm
10 Owner's Identification Card revoked;
11 (9) transfers of curios and relics, as defined under
12 federal law, between collectors licensed under subsection
13 (b) of Section 923 of the federal Gun Control Act of 1968;
14 (10) transfers by a person or entity licensed as an
15 auctioneer under the Auction License Act;
16 (10.5) transfers of firearms to a resident registered
17 competitor or attendee or non-resident registered
18 competitor or attendee by a licensed federal firearms
19 dealer under Section 923 of the federal Gun Control Act of
20 1968 at a competitive shooting event held at the World
21 Shooting and Recreational Complex that is sanctioned by a
22 national governing body; or
23 (11) transfers between a pawnshop and a customer which
24 amount to a bailment. For purposes of this paragraph (11),
25 "bailment" means the act of placing property in the
26 custody and control of another, by agreement in which the

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1 holder is responsible for the safekeeping and return of
2 the property.
3(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
4 Section 75. The Wildlife Code is amended by changing
5Sections 3.2 and 3.2a as follows:
6 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
7 Sec. 3.2. Hunting license; application; instruction.
8Before the Department or any county, city, village, township,
9incorporated town clerk or his duly designated agent or any
10other person authorized or designated by the Department to
11issue hunting licenses shall issue a hunting license to any
12person, the person shall file his application with the
13Department or other party authorized to issue licenses on a
14form provided by the Department and further give definite
15proof of identity and place of legal residence. Each clerk
16designating agents to issue licenses and stamps shall furnish
17the Department, within 10 days following the appointment, the
18names and mailing addresses of the agents. Each clerk or his
19duly designated agent shall be authorized to sell licenses and
20stamps only within the territorial area for which he was
21elected or appointed. No duly designated agent is authorized
22to furnish licenses or stamps for issuance by any other
23business establishment. Each application shall be executed and
24sworn to and shall set forth the name and description of the

HB1770- 76 -LRB102 11608 KMF 16942 b
1applicant and place of residence.
2 No hunting license shall be issued to any person born on or
3after January 1, 1980 unless he presents the person authorized
4to issue the license evidence that he has held a hunting
5license issued by the State of Illinois or another state in a
6prior year, or a certificate of competency as provided in this
7Section. Persons under 18 years of age may be issued a Lifetime
8Hunting or Sportsmen's Combination License as provided under
9Section 20-45 of the Fish and Aquatic Life Code but shall not
10be entitled to hunt alone, without the supervision of an adult
11age 21 or older, unless they have a certificate of competency
12as provided in this Section and the certificate is in their
13possession while hunting.
14 The Department of Natural Resources shall authorize
15personnel of the Department or certified volunteer instructors
16to conduct courses, of not less than 10 hours in length, in
17firearms and hunter safety, which may include training in bow
18and arrow safety, at regularly specified intervals throughout
19the State. Persons successfully completing the course shall
20receive a certificate of competency. The Department of Natural
21Resources may further cooperate with any reputable association
22or organization in establishing courses if the organization
23has as one of its objectives the promotion of safety in the
24handling of firearms or bow and arrow.
25 The Department of Natural Resources shall designate any
26person found by it to be competent to give instruction in the

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1handling of firearms, hunter safety, and bow and arrow. The
2persons so appointed shall give the course of instruction and
3upon the successful completion shall issue to the person
4instructed a certificate of competency in the safe handling of
5firearms, hunter safety, and bow and arrow. No charge shall be
6made for any course of instruction except for materials or
7ammunition consumed. The Department of Natural Resources shall
8furnish information on the requirements of hunter safety
9education programs to be distributed free of charge to
10applicants for hunting licenses by the persons appointed and
11authorized to issue licenses. Funds for the conducting of
12firearms and hunter safety courses shall be taken from the fee
13charged for the Firearm Owners Identification Card.
14 The fee for a hunting license to hunt all species for a
15resident of Illinois is $12. For residents age 65 or older,
16and, commencing with the 2012 license year, resident veterans
17of the United States Armed Forces after returning from service
18abroad or mobilization by the President of the United States,
19the fee is one-half of the fee charged for a hunting license to
20hunt all species for a resident of Illinois. Veterans must
21provide to the Department, at one of the Department's 5
22regional offices, verification of their service. The
23Department shall establish what constitutes suitable
24verification of service for the purpose of issuing resident
25veterans hunting licenses at a reduced fee. The fee for a
26hunting license to hunt all species shall be $1 for residents

HB1770- 78 -LRB102 11608 KMF 16942 b
1over 75 years of age. Nonresidents shall be charged $57 for a
2hunting license.
3 Nonresidents may be issued a nonresident hunting license
4for a period not to exceed 10 consecutive days' hunting in the
5State and shall be charged a fee of $35.
6 A special nonresident hunting license authorizing a
7nonresident to take game birds by hunting on a game breeding
8and hunting preserve area only, established under Section
93.27, shall be issued upon proper application being made and
10payment of a fee equal to that for a resident hunting license.
11The expiration date of this license shall be on the same date
12each year that game breeding and hunting preserve area
13licenses expire.
14 Each applicant for a State Migratory Waterfowl Stamp,
15regardless of his residence or other condition, shall pay a
16fee of $15 and shall receive a stamp. The fee for a State
17Migratory Waterfowl Stamp shall be waived for residents over
1875 years of age. Except as provided under Section 20-45 of the
19Fish and Aquatic Life Code, the stamp shall be signed by the
20person or affixed to his license or permit in a space
21designated by the Department for that purpose.
22 Each applicant for a State Habitat Stamp, regardless of
23his residence or other condition, shall pay a fee of $5 and
24shall receive a stamp. The fee for a State Habitat Stamp shall
25be waived for residents over 75 years of age. Except as
26provided under Section 20-45 of the Fish and Aquatic Life

HB1770- 79 -LRB102 11608 KMF 16942 b
1Code, the stamp shall be signed by the person or affixed to his
2license or permit in a space designated by the Department for
3that purpose.
4 Nothing in this Section shall be construed as to require
5the purchase of more than one State Habitat Stamp by any person
6in any one license year.
7 The fees for State Pheasant Stamps and State Furbearer
8Stamps shall be waived for residents over 75 years of age.
9 The Department shall furnish the holders of hunting
10licenses and stamps with an insignia as evidence of possession
11of license, or license and stamp, as the Department may
12consider advisable. The insignia shall be exhibited and used
13as the Department may order.
14 All other hunting licenses and all State stamps shall
15expire upon March 31 of each year.
16 Every person holding any license, permit, or stamp issued
17under the provisions of this Act shall have it in his
18possession for immediate presentation for inspection to the
19officers and authorized employees of the Department, any
20sheriff, deputy sheriff, or any other peace officer making a
21demand for it. This provision shall not apply to Department
22owned or managed sites where it is required that all hunters
23deposit their license or , permit, or Firearm Owner's
24Identification Card at the check station upon entering the
25hunting areas.
26(Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)

HB1770- 80 -LRB102 11608 KMF 16942 b
1 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
2 Sec. 3.2a. Every person holding any license, permit or
3stamp issued under the provisions hereof 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(Source: P.A. 85-152.)
13 Section 80. The Criminal Code of 2012 is amended by
14changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
1524-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3B, 24-3.1, 24-3.2,
1624-3.4, 24-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as
17follows:
18 (720 ILCS 5/2-7.1)
19 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
20"Firearm "Firearm" and "firearm ammunition" means any
21self-contained cartridge or shotgun shell, by whatever name
22known, which is designed to be used or adaptable to use in a
23firearm; excluding, however:

HB1770- 81 -LRB102 11608 KMF 16942 b
1 (1) any ammunition exclusively designed for use with a
2device used exclusively for signaling or safety and required
3or recommended by the United States Coast Guard or the
4Interstate Commerce Commission; and
5 (2) any ammunition designed exclusively for use with a
6stud or rivet driver or other similar industrial ammunition
7have the meanings ascribed to them in Section 1.1 of the
8Firearm Owners Identification Card Act.
9(Source: P.A. 91-544, eff. 1-1-00.)
10 (720 ILCS 5/2-7.5)
11 Sec. 2-7.5. "Firearm". Except as otherwise provided in a
12specific Section, "firearm" means any device, by whatever name
13known, which is designed to expel a projectile or projectiles
14by the action of an explosion, expansion of gas or escape of
15gas; excluding, however:
16 (1) any pneumatic gun, spring gun, paint ball gun, or B-B
17gun which expels a single globular projectile not exceeding
18.18 inch in diameter or which has a maximum muzzle velocity of
19less than 700 feet per second;
20 (1.1) any pneumatic gun, spring gun, paint ball gun, or
21B-B gun which expels breakable paint balls containing washable
22marking colors;
23 (2) any device used exclusively for signaling or safety
24and required or recommended by the United States Coast Guard
25or the Interstate Commerce Commission;

HB1770- 82 -LRB102 11608 KMF 16942 b
1 (3) any device used exclusively for the firing of stud
2cartridges, explosive rivets, or similar industrial
3ammunition; and
4 (4) an antique firearm (other than a machine-gun) which,
5although designed as a weapon, the Illinois State Police finds
6by reason of the date of its manufacture, value, design, and
7other characteristics is primarily a collector's item and is
8not likely to be used as a weapon has the meaning ascribed to
9it in Section 1.1 of the Firearm Owners Identification Card
10Act.
11(Source: P.A. 95-331, eff. 8-21-07.)
12 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
13 Sec. 12-3.05. Aggravated battery.
14 (a) Offense based on injury. A person commits aggravated
15battery when, in committing a battery, other than by the
16discharge of a firearm, he or she knowingly does any of the
17following:
18 (1) Causes great bodily harm or permanent disability
19 or disfigurement.
20 (2) Causes severe and permanent disability, great
21 bodily harm, or disfigurement by means of a caustic or
22 flammable substance, a poisonous gas, a deadly biological
23 or chemical contaminant or agent, a radioactive substance,
24 or a bomb or explosive compound.
25 (3) Causes great bodily harm or permanent disability

HB1770- 83 -LRB102 11608 KMF 16942 b
1 or disfigurement to an individual whom the person knows to
2 be a peace officer, community policing volunteer, fireman,
3 private security officer, correctional institution
4 employee, or Department of Human Services employee
5 supervising or controlling sexually dangerous persons or
6 sexually violent persons:
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 (4) Causes great bodily harm or permanent disability
13 or disfigurement to an individual 60 years of age or
14 older.
15 (5) Strangles another individual.
16 (b) Offense based on injury to a child or person with an
17intellectual disability. A person who is at least 18 years of
18age commits aggravated battery when, in committing a battery,
19he or she knowingly and without legal justification by any
20means:
21 (1) causes great bodily harm or permanent disability
22 or disfigurement to any child under the age of 13 years, or
23 to any person with a severe or profound intellectual
24 disability; or
25 (2) causes bodily harm or disability or disfigurement
26 to any child under the age of 13 years or to any person

HB1770- 84 -LRB102 11608 KMF 16942 b
1 with a severe or profound intellectual disability.
2 (c) Offense based on location of conduct. A person commits
3aggravated battery when, in committing a battery, other than
4by the discharge of a firearm, he or she is or the person
5battered is on or about a public way, public property, a public
6place of accommodation or amusement, a sports venue, or a
7domestic violence shelter, or in a church, synagogue, mosque,
8or other building, structure, or place used for religious
9worship.
10 (d) Offense based on status of victim. A person commits
11aggravated battery when, in committing a battery, other than
12by discharge of a firearm, he or she knows the individual
13battered to be any of the following:
14 (1) A person 60 years of age or older.
15 (2) A person who is pregnant or has a physical
16 disability.
17 (3) A teacher or school employee upon school grounds
18 or grounds adjacent to a school or in any part of a
19 building used for school purposes.
20 (4) A peace officer, community policing volunteer,
21 fireman, private security officer, correctional
22 institution employee, or Department of Human Services
23 employee supervising or controlling sexually dangerous
24 persons or sexually violent persons:
25 (i) performing his or her official duties;
26 (ii) battered to prevent performance of his or her

HB1770- 85 -LRB102 11608 KMF 16942 b
1 official duties; or
2 (iii) battered in retaliation for performing his
3 or her official duties.
4 (5) A judge, emergency management worker, emergency
5 medical services personnel, or utility worker:
6 (i) performing his or her official duties;
7 (ii) battered to prevent performance of his or her
8 official duties; or
9 (iii) battered in retaliation for performing his
10 or her official duties.
11 (6) An officer or employee of the State of Illinois, a
12 unit of local government, or a school district, while
13 performing his or her official duties.
14 (7) A transit employee performing his or her official
15 duties, or a transit passenger.
16 (8) A taxi driver on duty.
17 (9) A merchant who detains the person for an alleged
18 commission of retail theft under Section 16-26 of this
19 Code and the person without legal justification by any
20 means causes bodily harm to the merchant.
21 (10) A person authorized to serve process under
22 Section 2-202 of the Code of Civil Procedure or a special
23 process server appointed by the circuit court while that
24 individual is in the performance of his or her duties as a
25 process server.
26 (11) A nurse while in the performance of his or her

HB1770- 86 -LRB102 11608 KMF 16942 b
1 duties as a nurse.
2 (12) A merchant: (i) while performing his or her
3 duties, including, but not limited to, relaying directions
4 for healthcare or safety from his or her supervisor or
5 employer or relaying health or safety guidelines,
6 recommendations, regulations, or rules from a federal,
7 State, or local public health agency; and (ii) during a
8 disaster declared by the Governor, or a state of emergency
9 declared by the mayor of the municipality in which the
10 merchant is located, due to a public health emergency and
11 for a period of 6 months after such declaration.
12 (e) Offense based on use of a firearm. A person commits
13aggravated battery when, in committing a battery, he or she
14knowingly does any of the following:
15 (1) Discharges a firearm, other than a machine gun or
16 a firearm equipped with a silencer, and causes any injury
17 to another person.
18 (2) Discharges a firearm, other than a machine gun or
19 a firearm equipped with a silencer, and causes any injury
20 to a person he or she knows to be a peace officer,
21 community policing volunteer, person summoned by a police
22 officer, fireman, private security officer, correctional
23 institution employee, or emergency management worker:
24 (i) performing his or her official duties;
25 (ii) battered to prevent performance of his or her
26 official duties; or

HB1770- 87 -LRB102 11608 KMF 16942 b
1 (iii) battered in retaliation for performing his
2 or her official duties.
3 (3) Discharges a firearm, other than a machine gun or
4 a firearm equipped with a silencer, and causes any injury
5 to a person he or she knows to be emergency medical
6 services personnel:
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 (4) Discharges a firearm and causes any injury to a
13 person he or she knows to be a teacher, a student in a
14 school, or a school employee, and the teacher, student, or
15 employee is upon school grounds or grounds adjacent to a
16 school or in any part of a building used for school
17 purposes.
18 (5) Discharges a machine gun or a firearm equipped
19 with a silencer, and causes any injury to another person.
20 (6) Discharges a machine gun or a firearm equipped
21 with a silencer, and causes any injury to a person he or
22 she knows to be a peace officer, community policing
23 volunteer, person summoned by a police officer, fireman,
24 private security officer, correctional institution
25 employee or emergency management worker:
26 (i) performing his or her official duties;

HB1770- 88 -LRB102 11608 KMF 16942 b
1 (ii) battered to prevent performance of his or her
2 official duties; or
3 (iii) battered in retaliation for performing his
4 or her official duties.
5 (7) Discharges a machine gun or a firearm equipped
6 with a silencer, and causes any injury to a person he or
7 she knows to be emergency medical services personnel:
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 (8) Discharges a machine gun or a firearm equipped
14 with a silencer, and causes any injury to a person he or
15 she knows to be a teacher, or a student in a school, or a
16 school employee, and the teacher, student, or employee is
17 upon school grounds or grounds adjacent to a school or in
18 any part of a building used for school purposes.
19 (f) Offense based on use of a weapon or device. A person
20commits aggravated battery when, in committing a battery, he
21or she does any of the following:
22 (1) Uses a deadly weapon other than by discharge of a
23 firearm, or uses an air rifle as defined in Section
24 24.8-0.1 of this Code.
25 (2) Wears a hood, robe, or mask to conceal his or her
26 identity.

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1 (3) Knowingly and without lawful justification shines
2 or flashes a laser gunsight or other laser device attached
3 to a firearm, or used in concert with a firearm, so that
4 the laser beam strikes upon or against the person of
5 another.
6 (4) Knowingly video or audio records the offense with
7 the intent to disseminate the recording.
8 (g) Offense based on certain conduct. A person commits
9aggravated battery when, other than by discharge of a firearm,
10he or she does any of the following:
11 (1) Violates Section 401 of the Illinois Controlled
12 Substances Act by unlawfully delivering a controlled
13 substance to another and any user experiences great bodily
14 harm or permanent disability as a result of the injection,
15 inhalation, or ingestion of any amount of the controlled
16 substance.
17 (2) Knowingly administers to an individual or causes
18 him or her to take, without his or her consent or by threat
19 or deception, and for other than medical purposes, any
20 intoxicating, poisonous, stupefying, narcotic,
21 anesthetic, or controlled substance, or gives to another
22 person any food containing any substance or object
23 intended to cause physical injury if eaten.
24 (3) Knowingly causes or attempts to cause a
25 correctional institution employee or Department of Human
26 Services employee to come into contact with blood, seminal

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1 fluid, urine, or feces by throwing, tossing, or expelling
2 the fluid or material, and the person is an inmate of a
3 penal institution or is a sexually dangerous person or
4 sexually violent person in the custody of the Department
5 of Human Services.
6 (h) Sentence. Unless otherwise provided, aggravated
7battery is a Class 3 felony.
8 Aggravated battery as defined in subdivision (a)(4),
9(d)(4), or (g)(3) is a Class 2 felony.
10 Aggravated battery as defined in subdivision (a)(3) or
11(g)(1) is a Class 1 felony.
12 Aggravated battery as defined in subdivision (a)(1) is a
13Class 1 felony when the aggravated battery was intentional and
14involved the infliction of torture, as defined in paragraph
15(14) of subsection (b) of Section 9-1 of this Code, as the
16infliction of or subjection to extreme physical pain,
17motivated by an intent to increase or prolong the pain,
18suffering, or agony of the victim.
19 Aggravated battery as defined in subdivision (a)(1) is a
20Class 2 felony when the person causes great bodily harm or
21permanent disability to an individual whom the person knows to
22be a member of a congregation engaged in prayer or other
23religious activities at a church, synagogue, mosque, or other
24building, structure, or place used for religious worship.
25 Aggravated battery under subdivision (a)(5) is a Class 1
26felony if:

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1 (A) the person used or attempted to use a dangerous
2 instrument while committing the offense;
3 (B) the person caused great bodily harm or permanent
4 disability or disfigurement to the other person while
5 committing the offense; or
6 (C) the person has been previously convicted of a
7 violation of subdivision (a)(5) under the laws of this
8 State or laws similar to subdivision (a)(5) of any other
9 state.
10 Aggravated battery as defined in subdivision (e)(1) is a
11Class X felony.
12 Aggravated battery as defined in subdivision (a)(2) is a
13Class X felony for which a person shall be sentenced to a term
14of imprisonment of a minimum of 6 years and a maximum of 45
15years.
16 Aggravated battery as defined in subdivision (e)(5) is a
17Class X felony for which a person shall be sentenced to a term
18of imprisonment of a minimum of 12 years and a maximum of 45
19years.
20 Aggravated battery as defined in subdivision (e)(2),
21(e)(3), or (e)(4) is a Class X felony for which a person shall
22be sentenced to a term of imprisonment of a minimum of 15 years
23and a maximum of 60 years.
24 Aggravated battery as defined in subdivision (e)(6),
25(e)(7), or (e)(8) is a Class X felony for which a person shall
26be sentenced to a term of imprisonment of a minimum of 20 years

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1and a maximum of 60 years.
2 Aggravated battery as defined in subdivision (b)(1) is a
3Class X felony, except that:
4 (1) if the person committed the offense while armed
5 with a firearm, 15 years shall be added to the term of
6 imprisonment imposed by the court;
7 (2) if, during the commission of the offense, the
8 person personally discharged a firearm, 20 years shall be
9 added to the term of imprisonment imposed by the court;
10 (3) if, during the commission of the offense, the
11 person personally discharged a firearm that proximately
12 caused great bodily harm, permanent disability, permanent
13 disfigurement, or death to another person, 25 years or up
14 to a term of natural life shall be added to the term of
15 imprisonment imposed by the court.
16 (i) Definitions. In this Section:
17 "Building or other structure used to provide shelter" has
18the meaning ascribed to "shelter" in Section 1 of the Domestic
19Violence Shelters Act.
20 "Domestic violence" has the meaning ascribed to it in
21Section 103 of the Illinois Domestic Violence Act of 1986.
22 "Domestic violence shelter" means any building or other
23structure used to provide shelter or other services to victims
24or to the dependent children of victims of domestic violence
25pursuant to the Illinois Domestic Violence Act of 1986 or the
26Domestic Violence Shelters Act, or any place within 500 feet

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1of such a building or other structure in the case of a person
2who is going to or from such a building or other structure.
3 "Firearm" has the meaning provided under Section 2-7.5 of
4this Code 1.1 of the Firearm Owners Identification Card Act,
5and does not include an air rifle as defined by Section
624.8-0.1 of this Code.
7 "Machine gun" has the meaning ascribed to it in Section
824-1 of this Code.
9 "Merchant" has the meaning ascribed to it in Section
1016-0.1 of this Code.
11 "Strangle" means intentionally impeding the normal
12breathing or circulation of the blood of an individual by
13applying pressure on the throat or neck of that individual or
14by blocking the nose or mouth of that individual.
15(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
16 (720 ILCS 5/16-0.1)
17 Sec. 16-0.1. Definitions. In this Article, unless the
18context clearly requires otherwise, the following terms are
19defined as indicated:
20 "Access" means to use, instruct, communicate with, store
21data in, retrieve or intercept data from, or otherwise utilize
22any services of a computer.
23 "Coin-operated machine" includes any automatic vending
24machine or any part thereof, parking meter, coin telephone,
25coin-operated transit turnstile, transit fare box, coin

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1laundry machine, coin dry cleaning machine, amusement machine,
2music machine, vending machine dispensing goods or services,
3or money changer.
4 "Communication device" means any type of instrument,
5device, machine, or equipment which is capable of
6transmitting, acquiring, decrypting, or receiving any
7telephonic, electronic, data, Internet access, audio, video,
8microwave, or radio transmissions, signals, communications, or
9services, including the receipt, acquisition, transmission, or
10decryption of all such communications, transmissions, signals,
11or services provided by or through any cable television, fiber
12optic, telephone, satellite, microwave, radio, Internet-based,
13data transmission, or wireless distribution network, system or
14facility; or any part, accessory, or component thereof,
15including any computer circuit, security module, smart card,
16software, computer chip, electronic mechanism or other
17component, accessory or part of any communication device which
18is capable of facilitating the transmission, decryption,
19acquisition or reception of all such communications,
20transmissions, signals, or services.
21 "Communication service" means any service lawfully
22provided for a charge or compensation to facilitate the lawful
23origination, transmission, emission, or reception of signs,
24signals, data, writings, images, and sounds or intelligence of
25any nature by telephone, including cellular telephones or a
26wire, wireless, radio, electromagnetic, photo-electronic or

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1photo-optical system; and also any service lawfully provided
2by any radio, telephone, cable television, fiber optic,
3satellite, microwave, Internet-based or wireless distribution
4network, system, facility or technology, including, but not
5limited to, any and all electronic, data, video, audio,
6Internet access, telephonic, microwave and radio
7communications, transmissions, signals and services, and any
8such communications, transmissions, signals and services
9lawfully provided directly or indirectly by or through any of
10those networks, systems, facilities or technologies.
11 "Communication service provider" means: (1) any person or
12entity providing any communication service, whether directly
13or indirectly, as a reseller, including, but not limited to, a
14cellular, paging or other wireless communications company or
15other person or entity which, for a fee, supplies the
16facility, cell site, mobile telephone switching office or
17other equipment or communication service; (2) any person or
18entity owning or operating any cable television, fiber optic,
19satellite, telephone, wireless, microwave, radio, data
20transmission or Internet-based distribution network, system or
21facility; and (3) any person or entity providing any
22communication service directly or indirectly by or through any
23such distribution system, network or facility.
24 "Computer" means a device that accepts, processes, stores,
25retrieves or outputs data, and includes but is not limited to
26auxiliary storage and telecommunications devices connected to

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1computers.
2 "Continuing course of conduct" means a series of acts, and
3the accompanying mental state necessary for the crime in
4question, irrespective of whether the series of acts are
5continuous or intermittent.
6 "Delivery container" means any bakery basket of wire or
7plastic used to transport or store bread or bakery products,
8any dairy case of wire or plastic used to transport or store
9dairy products, and any dolly or cart of 2 or 4 wheels used to
10transport or store any bakery or dairy product.
11 "Document-making implement" means any implement,
12impression, template, computer file, computer disc, electronic
13device, computer hardware, computer software, instrument, or
14device that is used to make a real or fictitious or fraudulent
15personal identification document.
16 "Financial transaction device" means any of the following:
17 (1) An electronic funds transfer card.
18 (2) A credit card.
19 (3) A debit card.
20 (4) A point-of-sale card.
21 (5) Any instrument, device, card, plate, code, account
22 number, personal identification number, or a record or
23 copy of a code, account number, or personal identification
24 number or other means of access to a credit account or
25 deposit account, or a driver's license or State
26 identification card used to access a proprietary account,

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1 other than access originated solely by a paper instrument,
2 that can be used alone or in conjunction with another
3 access device, for any of the following purposes:
4 (A) Obtaining money, cash refund or credit
5 account, credit, goods, services, or any other thing
6 of value.
7 (B) Certifying or guaranteeing to a person or
8 business the availability to the device holder of
9 funds on deposit to honor a draft or check payable to
10 the order of that person or business.
11 (C) Providing the device holder access to a
12 deposit account for the purpose of making deposits,
13 withdrawing funds, transferring funds between deposit
14 accounts, obtaining information pertaining to a
15 deposit account, or making an electronic funds
16 transfer.
17 "Full retail value" means the merchant's stated or
18advertised price of the merchandise. "Full retail value"
19includes the aggregate value of property obtained from retail
20thefts committed by the same person as part of a continuing
21course of conduct from one or more mercantile establishments
22in a single transaction or in separate transactions over a
23period of one year.
24 "Internet" means an interactive computer service or system
25or an information service, system, or access software provider
26that provides or enables computer access by multiple users to

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1a computer server, and includes, but is not limited to, an
2information service, system, or access software provider that
3provides access to a network system commonly known as the
4Internet, or any comparable system or service and also
5includes, but is not limited to, a World Wide Web page,
6newsgroup, message board, mailing list, or chat area on any
7interactive computer service or system or other online
8service.
9 "Library card" means a card or plate issued by a library
10facility for purposes of identifying the person to whom the
11library card was issued as authorized to borrow library
12material, subject to all limitations and conditions imposed on
13the borrowing by the library facility issuing such card.
14 "Library facility" includes any public library or museum,
15or any library or museum of an educational, historical or
16eleemosynary institution, organization or society.
17 "Library material" includes any book, plate, picture,
18photograph, engraving, painting, sculpture, statue, artifact,
19drawing, map, newspaper, pamphlet, broadside, magazine,
20manuscript, document, letter, microfilm, sound recording,
21audiovisual material, magnetic or other tape, electronic data
22processing record or other documentary, written or printed
23material regardless of physical form or characteristics, or
24any part thereof, belonging to, or on loan to or otherwise in
25the custody of a library facility.
26 "Manufacture or assembly of an unlawful access device"

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1means to make, produce or assemble an unlawful access device
2or to modify, alter, program or re-program any instrument,
3device, machine, equipment or software so that it is capable
4of defeating or circumventing any technology, device or
5software used by the provider, owner or licensee of a
6communication service or of any data, audio or video programs
7or transmissions to protect any such communication, data,
8audio or video services, programs or transmissions from
9unauthorized access, acquisition, disclosure, receipt,
10decryption, communication, transmission or re-transmission.
11 "Manufacture or assembly of an unlawful communication
12device" means to make, produce or assemble an unlawful
13communication or wireless device or to modify, alter, program
14or reprogram a communication or wireless device to be capable
15of acquiring, disrupting, receiving, transmitting, decrypting,
16or facilitating the acquisition, disruption, receipt,
17transmission or decryption of, a communication service without
18the express consent or express authorization of the
19communication service provider, or to knowingly assist others
20in those activities.
21 "Master sound recording" means the original physical
22object on which a given set of sounds were first recorded and
23which the original object from which all subsequent sound
24recordings embodying the same set of sounds are directly or
25indirectly derived.
26 "Merchandise" means any item of tangible personal

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1property, including motor fuel.
2 "Merchant" means an owner or operator of any retail
3mercantile establishment or any agent, employee, lessee,
4consignee, officer, director, franchisee, or independent
5contractor of the owner or operator. "Merchant" also means a
6person who receives from an authorized user of a payment card,
7or someone the person believes to be an authorized user, a
8payment card or information from a payment card, or what the
9person believes to be a payment card or information from a
10payment card, as the instrument for obtaining, purchasing or
11receiving goods, services, money, or anything else of value
12from the person.
13 "Motor fuel" means a liquid, regardless of its properties,
14used to propel a vehicle, including gasoline and diesel.
15 "Online" means the use of any electronic or wireless
16device to access the Internet.
17 "Payment card" means a credit card, charge card, debit
18card, or any other card that is issued to an authorized card
19user and that allows the user to obtain, purchase, or receive
20goods, services, money, or anything else of value from a
21merchant.
22 "Person with a disability" means a person who suffers from
23a physical or mental impairment resulting from disease,
24injury, functional disorder or congenital condition that
25impairs the individual's mental or physical ability to
26independently manage his or her property or financial

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1resources, or both.
2 "Personal identification document" means a birth
3certificate, a driver's license, a State identification card,
4a public, government, or private employment identification
5card, a social security card, a license issued under the
6Firearm Concealed Carry Act firearm owner's identification
7card, a credit card, a debit card, or a passport issued to or
8on behalf of a person other than the offender, or any document
9made or issued, or falsely purported to have been made or
10issued, by or under the authority of the United States
11Government, the State of Illinois, or any other state
12political subdivision of any state, or any other governmental
13or quasi-governmental organization that is of a type intended
14for the purpose of identification of an individual, or any
15such document made or altered in a manner that it falsely
16purports to have been made on behalf of or issued to another
17person or by the authority of one who did not give that
18authority.
19 "Personal identifying information" means any of the
20following information:
21 (1) A person's name.
22 (2) A person's address.
23 (3) A person's date of birth.
24 (4) A person's telephone number.
25 (5) A person's driver's license number or State of
26 Illinois identification card as assigned by the Secretary

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1 of State of the State of Illinois or a similar agency of
2 another state.
3 (6) A person's social security number.
4 (7) A person's public, private, or government
5 employer, place of employment, or employment
6 identification number.
7 (8) The maiden name of a person's mother.
8 (9) The number assigned to a person's depository
9 account, savings account, or brokerage account.
10 (10) The number assigned to a person's credit or debit
11 card, commonly known as a "Visa Card", "MasterCard",
12 "American Express Card", "Discover Card", or other similar
13 cards whether issued by a financial institution,
14 corporation, or business entity.
15 (11) Personal identification numbers.
16 (12) Electronic identification numbers.
17 (13) Digital signals.
18 (14) User names, passwords, and any other word,
19 number, character or combination of the same usable in
20 whole or part to access information relating to a specific
21 individual, or to the actions taken, communications made
22 or received, or other activities or transactions of a
23 specific individual.
24 (15) Any other numbers or information which can be
25 used to access a person's financial resources, or to
26 identify a specific individual, or the actions taken,

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1 communications made or received, or other activities or
2 transactions of a specific individual.
3 "Premises of a retail mercantile establishment" includes,
4but is not limited to, the retail mercantile establishment;
5any common use areas in shopping centers; and all parking
6areas set aside by a merchant or on behalf of a merchant for
7the parking of vehicles for the convenience of the patrons of
8such retail mercantile establishment.
9 "Public water, gas, or power supply, or other public
10services" mean any service subject to regulation by the
11Illinois Commerce Commission; any service furnished by a
12public utility that is owned and operated by any political
13subdivision, public institution of higher education or
14municipal corporation of this State; any service furnished by
15any public utility that is owned by such political
16subdivision, public institution of higher education, or
17municipal corporation and operated by any of its lessees or
18operating agents; any service furnished by an electric
19cooperative as defined in Section 3.4 of the Electric Supplier
20Act; or wireless service or other service regulated by the
21Federal Communications Commission.
22 "Publish" means to communicate or disseminate information
23to any one or more persons, either orally, in person, or by
24telephone, radio or television or in writing of any kind,
25including, without limitation, a letter or memorandum,
26circular or handbill, newspaper or magazine article or book.

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1 "Radio frequency identification device" means any
2implement, computer file, computer disc, electronic device,
3computer hardware, computer software, or instrument that is
4used to activate, read, receive, or decode information stored
5on a RFID tag or transponder attached to a personal
6identification document.
7 "RFID tag or transponder" means a chip or device that
8contains personal identifying information from which the
9personal identifying information can be read or decoded by
10another device emitting a radio frequency that activates or
11powers a radio frequency emission response from the chip or
12transponder.
13 "Reencoder" means an electronic device that places encoded
14information from the magnetic strip or stripe of a payment
15card onto the magnetic strip or stripe of a different payment
16card.
17 "Retail mercantile establishment" means any place where
18merchandise is displayed, held, stored or offered for sale to
19the public.
20 "Scanning device" means a scanner, reader, or any other
21electronic device that is used to access, read, scan, obtain,
22memorize, or store, temporarily or permanently, information
23encoded on the magnetic strip or stripe of a payment card.
24 "Shopping cart" means those push carts of the type or
25types which are commonly provided by grocery stores, drug
26stores or other retail mercantile establishments for the use

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1of the public in transporting commodities in stores and
2markets and, incidentally, from the stores to a place outside
3the store.
4 "Sound or audio visual recording" means any sound or audio
5visual phonograph record, disc, pre-recorded tape, film, wire,
6magnetic tape or other object, device or medium, now known or
7hereafter invented, by which sounds or images may be
8reproduced with or without the use of any additional machine,
9equipment or device.
10 "Theft detection device remover" means any tool or device
11specifically designed and intended to be used to remove any
12theft detection device from any merchandise.
13 "Under-ring" means to cause the cash register or other
14sales recording device to reflect less than the full retail
15value of the merchandise.
16 "Unidentified sound or audio visual recording" means a
17sound or audio visual recording without the actual name and
18full and correct street address of the manufacturer, and the
19name of the actual performers or groups prominently and
20legibly printed on the outside cover or jacket and on the label
21of such sound or audio visual recording.
22 "Unlawful access device" means any type of instrument,
23device, machine, equipment, technology, or software which is
24primarily possessed, used, designed, assembled, manufactured,
25sold, distributed or offered, promoted or advertised for the
26purpose of defeating or circumventing any technology, device

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

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

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1any computer circuit, computer chip, electronic mechanism, or
2other component that is capable of facilitating the
3transmission or reception of telephonic, electronic, or radio
4communications.
5(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
61-1-12; 97-1109, eff. 1-1-13.)
7 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
8 Sec. 17-30. Defaced, altered, or removed manufacturer or
9owner identification number.
10 (a) Unlawful sale of household appliances. A person
11commits unlawful sale of household appliances when he or she
12knowingly, with the intent to defraud or deceive another,
13keeps for sale, within any commercial context, any household
14appliance with a missing, defaced, obliterated, or otherwise
15altered manufacturer's identification number.
16 (b) Construction equipment identification defacement. A
17person commits construction equipment identification
18defacement when he or she knowingly changes, alters, removes,
19mutilates, or obliterates a permanently affixed serial number,
20product identification number, part number, component
21identification number, owner-applied identification, or other
22mark of identification attached to or stamped, inscribed,
23molded, or etched into a machine or other equipment, whether
24stationary or mobile or self-propelled, or a part of such
25machine or equipment, used in the construction, maintenance,

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

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1defined in Section 1-146 of the Illinois Vehicle Code or a
2firearm as defined in the Firearm Owners Identification Card
3Act, with the intent of concealing or destroying the identity
4of such machine or other article of merchandise.
5 (d) Sentence.
6 (1) A violation of subsection (a) of this Section is a
7 Class 4 felony if the value of the appliance or appliances
8 exceeds $1,000 and a Class B misdemeanor if the value of
9 the appliance or appliances is $1,000 or less.
10 (2) A violation of subsection (b) of this Section is a
11 Class A misdemeanor.
12 (3) A violation of subsection (c) of this Section is a
13 Class B misdemeanor.
14 (e) No liability shall be imposed upon any person for the
15unintentional failure to comply with subsection (a).
16 (f) Definitions. In this Section:
17 "Commercial context" means a continuing business
18enterprise conducted for profit by any person whose primary
19business is the wholesale or retail marketing of household
20appliances, or a significant portion of whose business or
21inventory consists of household appliances kept or sold on a
22wholesale or retail basis.
23 "Household appliance" means any gas or electric device or
24machine marketed for use as home entertainment or for
25facilitating or expediting household tasks or chores. The term
26shall include but not necessarily be limited to refrigerators,

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1freezers, ranges, radios, television sets, vacuum cleaners,
2toasters, dishwashers, and other similar household items.
3 "Manufacturer's identification number" means any serial
4number or other similar numerical or alphabetical designation
5imprinted upon or attached to or placed, stamped, or otherwise
6imprinted upon or attached to a household appliance or item by
7the manufacturer for purposes of identifying a particular
8appliance or item individually or by lot number.
9(Source: P.A. 96-1551, eff. 7-1-11.)
10 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
11 Sec. 24-1. Unlawful use of weapons.
12 (a) A person commits the offense of unlawful use of
13weapons when he knowingly:
14 (1) Sells, manufactures, purchases, possesses or
15 carries any bludgeon, black-jack, slung-shot, sand-club,
16 sand-bag, metal knuckles or other knuckle weapon
17 regardless of its composition, throwing star, or any
18 knife, commonly referred to as a switchblade knife, which
19 has a blade that opens automatically by hand pressure
20 applied to a button, spring or other device in the handle
21 of the knife, or a ballistic knife, which is a device that
22 propels a knifelike blade as a projectile by means of a
23 coil spring, elastic material or compressed gas; or
24 (2) Carries or possesses with intent to use the same
25 unlawfully against another, a dagger, dirk, billy,

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1 dangerous knife, razor, stiletto, broken bottle or other
2 piece of glass, stun gun or taser or any other dangerous or
3 deadly weapon or instrument of like character; or
4 (2.5) Carries or possesses with intent to use the same
5 unlawfully against another, any firearm in a church,
6 synagogue, mosque, or other building, structure, or place
7 used for religious worship; or
8 (3) Carries on or about his person or in any vehicle, a
9 tear gas gun projector or bomb or any object containing
10 noxious liquid gas or substance, other than an object
11 containing a non-lethal noxious liquid gas or substance
12 designed solely for personal defense carried by a person
13 18 years of age or older; or
14 (4) Carries or possesses in any vehicle or concealed
15 on or about his person except when on his land or in his
16 own abode, legal dwelling, or fixed place of business, or
17 on the land or in the legal dwelling of another person as
18 an invitee with that person's permission, any pistol,
19 revolver, stun gun or taser or other firearm, except that
20 this subsection (a) (4) does not apply to or affect
21 transportation of weapons that meet one of the following
22 conditions:
23 (i) are broken down in a non-functioning state; or
24 (ii) are not immediately accessible; or
25 (iii) are unloaded and enclosed in a case, firearm
26 carrying box, shipping box, or other container by a

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1 person eligible under State and federal law to possess
2 a firearm who has been issued a currently valid
3 Firearm Owner's Identification Card; or
4 (iv) are carried or possessed in accordance with
5 the Firearm Concealed Carry Act by a person who has
6 been issued a currently valid license under the
7 Firearm Concealed Carry Act; or
8 (5) Sets a spring gun; or
9 (6) Possesses any device or attachment of any kind
10 designed, used or intended for use in silencing the report
11 of any firearm; or
12 (7) Sells, manufactures, purchases, possesses or
13 carries:
14 (i) a machine gun, which shall be defined for the
15 purposes of this subsection as any weapon, which
16 shoots, is designed to shoot, or can be readily
17 restored to shoot, automatically more than one shot
18 without manually reloading by a single function of the
19 trigger, including the frame or receiver of any such
20 weapon, or sells, manufactures, purchases, possesses,
21 or carries any combination of parts designed or
22 intended for use in converting any weapon into a
23 machine gun, or any combination or parts from which a
24 machine gun can be assembled if such parts are in the
25 possession or under the control of a person;
26 (ii) any rifle having one or more barrels less

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

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1 robed or masked in such manner as to conceal his or her
2 identity; or
3 (10) Carries or possesses on or about his or her
4 person, upon any public street, alley, or other public
5 lands within the corporate limits of a city, village, or
6 incorporated town, except when an invitee thereon or
7 therein, for the purpose of the display of such weapon or
8 the lawful commerce in weapons, or except when on his land
9 or in his or her own abode, legal dwelling, or fixed place
10 of business, or on the land or in the legal dwelling of
11 another person as an invitee with that person's
12 permission, any pistol, revolver, stun gun, or taser or
13 other firearm, except that this subsection (a) (10) does
14 not apply to or affect transportation of weapons that meet
15 one of the following conditions:
16 (i) are broken down in a non-functioning state; or
17 (ii) are not immediately accessible; or
18 (iii) are unloaded and enclosed in a case, firearm
19 carrying box, shipping box, or other container by a
20 person eligible under State and federal law to possess
21 a firearm who has been issued a currently valid
22 Firearm Owner's Identification Card; or
23 (iv) are carried or possessed in accordance with
24 the Firearm Concealed Carry Act by a person who has
25 been issued a currently valid license under the
26 Firearm Concealed Carry Act.

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1 A "stun gun or taser", as used in this paragraph (a)
2 means (i) any device which is powered by electrical
3 charging units, such as, batteries, and which fires one or
4 several barbs attached to a length of wire and which, upon
5 hitting a human, can send out a current capable of
6 disrupting the person's nervous system in such a manner as
7 to render him incapable of normal functioning or (ii) any
8 device which is powered by electrical charging units, such
9 as batteries, and which, upon contact with a human or
10 clothing worn by a human, can send out current capable of
11 disrupting the person's nervous system in such a manner as
12 to render him incapable of normal functioning; or
13 (11) Sells, manufactures, or purchases any explosive
14 bullet. For purposes of this paragraph (a) "explosive
15 bullet" means the projectile portion of an ammunition
16 cartridge which contains or carries an explosive charge
17 which will explode upon contact with the flesh of a human
18 or an animal. "Cartridge" means a tubular metal case
19 having a projectile affixed at the front thereof and a cap
20 or primer at the rear end thereof, with the propellant
21 contained in such tube between the projectile and the cap;
22 or
23 (12) (Blank); or
24 (13) Carries or possesses on or about his or her
25 person while in a building occupied by a unit of
26 government, a billy club, other weapon of like character,

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1 or other instrument of like character intended for use as
2 a weapon. For the purposes of this Section, "billy club"
3 means a short stick or club commonly carried by police
4 officers which is either telescopic or constructed of a
5 solid piece of wood or other man-made material.
6 (b) Sentence. A person convicted of a violation of
7subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
8subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
9Class A misdemeanor. A person convicted of a violation of
10subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
11a person convicted of a violation of subsection 24-1(a)(6) or
1224-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
13convicted of a violation of subsection 24-1(a)(7)(i) commits a
14Class 2 felony and shall be sentenced to a term of imprisonment
15of not less than 3 years and not more than 7 years, unless the
16weapon is possessed in the passenger compartment of a motor
17vehicle as defined in Section 1-146 of the Illinois Vehicle
18Code, or on the person, while the weapon is loaded, in which
19case it shall be a Class X felony. A person convicted of a
20second or subsequent violation of subsection 24-1(a)(4),
2124-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
22felony. A person convicted of a violation of subsection
2324-1(a)(2.5) commits a Class 2 felony. The possession of each
24weapon in violation of this Section constitutes a single and
25separate violation.
26 (c) Violations in specific places.

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

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

HB1770- 120 -LRB102 11608 KMF 16942 b
1 site or mixed-income development, in a public park, in a
2 courthouse, on the real property comprising any school,
3 regardless of the time of day or the time of year, 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, in any conveyance
9 owned, leased or contracted by a school to transport
10 students to or from school or a school related activity,
11 in any conveyance owned, leased, or contracted by a public
12 transportation agency, or on any public way within 1,000
13 feet of the real property comprising any school, public
14 park, courthouse, public transportation facility, or
15 residential property owned, operated, or managed by a
16 public housing agency or leased by a public housing agency
17 as part of a scattered site or mixed-income development
18 commits a Class 4 felony. "Courthouse" means any building
19 that is used by the Circuit, Appellate, or Supreme Court
20 of this State for the conduct of official business.
21 (3) Paragraphs (1), (1.5), and (2) of this subsection
22 (c) shall not apply to law enforcement officers or
23 security officers of such school, college, or university
24 or to students carrying or possessing firearms for use in
25 training courses, parades, hunting, target shooting on
26 school ranges, or otherwise with the consent of school

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1 authorities and which firearms are transported unloaded
2 enclosed in a suitable case, box, or transportation
3 package.
4 (4) For the purposes of this subsection (c), "school"
5 means any public or private elementary or secondary
6 school, community college, college, or university.
7 (5) For the purposes of this subsection (c), "public
8 transportation agency" means a public or private agency
9 that provides for the transportation or conveyance of
10 persons by means available to the general public, except
11 for transportation by automobiles not used for conveyance
12 of the general public as passengers; and "public
13 transportation facility" means a terminal or other place
14 where one may obtain public transportation.
15 (d) The presence in an automobile other than a public
16omnibus of any weapon, instrument or substance referred to in
17subsection (a)(7) is prima facie evidence that it is in the
18possession of, and is being carried by, all persons occupying
19such automobile at the time such weapon, instrument or
20substance is found, except under the following circumstances:
21(i) if such weapon, instrument or instrumentality is found
22upon the person of one of the occupants therein; or (ii) if
23such weapon, instrument or substance is found in an automobile
24operated for hire by a duly licensed driver in the due, lawful
25and proper pursuit of his or her trade, then such presumption
26shall not apply to the driver.

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1 (e) Exemptions.
2 (1) Crossbows, Common or Compound bows and Underwater
3 Spearguns are exempted from the definition of ballistic
4 knife as defined in paragraph (1) of subsection (a) of
5 this Section.
6 (2) The provision of paragraph (1) of subsection (a)
7 of this Section prohibiting the sale, manufacture,
8 purchase, possession, or carrying of any knife, commonly
9 referred to as a switchblade knife, which has a blade that
10 opens automatically by hand pressure applied to a button,
11 spring or other device in the handle of the knife, does not
12 apply to a person eligible under State and federal law to
13 possess a firearm who possesses a currently valid Firearm
14 Owner's Identification Card previously issued in his or
15 her name by the Department of State Police or to a person
16 or an entity engaged in the business of selling or
17 manufacturing switchblade knives.
18(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
19 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
20 Sec. 24-1.1. Unlawful use or possession of weapons by
21felons or persons in the custody of the Department of
22Corrections facilities.
23 (a) It is unlawful for a person to knowingly possess on or
24about his person or on his land or in his own abode or fixed
25place of business any weapon prohibited under Section 24-1 of

HB1770- 123 -LRB102 11608 KMF 16942 b
1this Act or any firearm or any firearm ammunition if the person
2has been convicted of a felony under the laws of this State or
3any other jurisdiction. This Section shall not apply if the
4person has been granted relief under this subsection by the
5Director of the Department of State Police under Section 10 of
6the Firearm Owners Identification Card Act. A person
7prohibited from possessing a firearm under this subsection (a)
8may petition the Director of the Illinois State Police for a
9hearing and relief from the prohibition, unless the
10prohibition was based upon a forcible felony, stalking,
11aggravated stalking, domestic battery, any violation of the
12Illinois Controlled Substances Act, the Methamphetamine
13Control and Community Protection Act, or the Cannabis Control
14Act that is classified as a Class 2 or greater felony, any
15felony violation of Article 24 of the Criminal Code of 1961 or
16the Criminal Code of 2012, or any adjudication as a delinquent
17minor for the commission of an offense that if committed by an
18adult would be a felony, in which case the person may petition
19the circuit court in writing in the county of his or her
20residence for a hearing and relief from the prohibition. The
21Director or court may grant the relief if it is established by
22the petitioner to the court's or Director's satisfaction that:
23 (1) when in the circuit court, the State's Attorney
24 has been served with a written copy of the petition at
25 least 30 days before any hearing in the circuit court and
26 at the hearing the State's Attorney was afforded an

HB1770- 124 -LRB102 11608 KMF 16942 b
1 opportunity to present evidence and object to the
2 petition;
3 (2) the petitioner has not been convicted of a
4 forcible felony under the laws of this State or any other
5 jurisdiction within 20 years of the filing of the
6 petition, or at least 20 years have passed since the end of
7 any period of imprisonment imposed in relation to that
8 conviction;
9 (3) the circumstances regarding a criminal conviction,
10 where applicable, the petitioner's criminal history and
11 his or her reputation are such that the petitioner will
12 not be likely to act in a manner dangerous to public
13 safety;
14 (4) granting relief would not be contrary to the
15 public interest; and
16 (5) granting relief would not be contrary to federal
17 law.
18 (b) It is unlawful for any person confined in a penal
19institution, which is a facility of the Illinois Department of
20Corrections, to possess any weapon prohibited under Section
2124-1 of this Code or any firearm or firearm ammunition,
22regardless of the intent with which he possesses it.
23 (c) It shall be an affirmative defense to a violation of
24subsection (b), that such possession was specifically
25authorized by rule, regulation, or directive of the Illinois
26Department of Corrections or order issued pursuant thereto.

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1 (d) The defense of necessity is not available to a person
2who is charged with a violation of subsection (b) of this
3Section.
4 (e) Sentence. Violation of this Section by a person not
5confined in a penal institution shall be a Class 3 felony for
6which the person shall be sentenced to no less than 2 years and
7no more than 10 years. A second or subsequent violation of this
8Section shall be a Class 2 felony for which the person shall be
9sentenced to a term of imprisonment of not less than 3 years
10and not more than 14 years, except as provided for in Section
115-4.5-110 of the Unified Code of Corrections. Violation of
12this Section by a person not confined in a penal institution
13who has been convicted of a forcible felony, a felony
14violation of Article 24 of this Code or of the Firearm Owners
15Identification Card Act, stalking or aggravated stalking, or a
16Class 2 or greater felony under the Illinois Controlled
17Substances Act, the Cannabis Control Act, or the
18Methamphetamine Control and Community Protection Act is a
19Class 2 felony for which the person shall be sentenced to not
20less than 3 years and not more than 14 years, except as
21provided for in Section 5-4.5-110 of the Unified Code of
22Corrections. Violation of this Section by a person who is on
23parole or mandatory supervised release is a Class 2 felony for
24which the person shall be sentenced to not less than 3 years
25and not more than 14 years, except as provided for in Section
265-4.5-110 of the Unified Code of Corrections. Violation of

HB1770- 126 -LRB102 11608 KMF 16942 b
1this Section by a person not confined in a penal institution is
2a Class X felony when the firearm possessed is a machine gun.
3Any person who violates this Section while confined in a penal
4institution, which is a facility of the Illinois Department of
5Corrections, is guilty of a Class 1 felony, if he possesses any
6weapon prohibited under Section 24-1 of this Code regardless
7of the intent with which he possesses it, a Class X felony if
8he possesses any firearm, firearm ammunition or explosive, and
9a Class X felony for which the offender shall be sentenced to
10not less than 12 years and not more than 50 years when the
11firearm possessed is a machine gun. A violation of this
12Section while wearing or in possession of body armor as
13defined in Section 33F-1 is a Class X felony punishable by a
14term of imprisonment of not less than 10 years and not more
15than 40 years. The possession of each firearm or firearm
16ammunition in violation of this Section constitutes a single
17and separate violation.
18(Source: P.A. 100-3, eff. 1-1-18.)
19 (720 ILCS 5/24-1.6)
20 Sec. 24-1.6. Aggravated unlawful use of a weapon.
21 (a) A person commits the offense of aggravated unlawful
22use of a weapon when he or she knowingly:
23 (1) Carries on or about his or her person or in any
24 vehicle or concealed on or about his or her person except
25 when on his or her land or in his or her abode, legal

HB1770- 127 -LRB102 11608 KMF 16942 b
1 dwelling, or fixed place of business, or on the land or in
2 the legal dwelling of another person as an invitee with
3 that person's permission, any pistol, revolver, stun gun
4 or taser or other firearm; or
5 (2) Carries or possesses on or about his or her
6 person, upon any public street, alley, or other public
7 lands within the corporate limits of a city, village or
8 incorporated town, except when an invitee thereon or
9 therein, for the purpose of the display of such weapon or
10 the lawful commerce in weapons, or except when on his or
11 her own land or in his or her own abode, legal dwelling, or
12 fixed place of business, or on the land or in the legal
13 dwelling of another person as an invitee with that
14 person's permission, any pistol, revolver, stun gun or
15 taser or other firearm; and
16 (3) One of the following factors is present:
17 (A) the firearm, other than a pistol, revolver, or
18 handgun, possessed was uncased, loaded, and
19 immediately accessible at the time of the offense; or
20 (A-5) the pistol, revolver, or handgun possessed
21 was uncased, loaded, and immediately accessible at the
22 time of the offense and the person possessing the
23 pistol, revolver, or handgun has not been issued a
24 currently valid license under the Firearm Concealed
25 Carry Act; or
26 (B) the firearm, other than a pistol, revolver, or

HB1770- 128 -LRB102 11608 KMF 16942 b
1 handgun, possessed was uncased, unloaded, and the
2 ammunition for the weapon was immediately accessible
3 at the time of the offense; or
4 (B-5) the pistol, revolver, or handgun possessed
5 was uncased, unloaded, and the ammunition for the
6 weapon was immediately accessible at the time of the
7 offense and the person possessing the pistol,
8 revolver, or handgun has not been issued a currently
9 valid license under the Firearm Concealed Carry Act;
10 or
11 (C) (blank); or the person possessing the firearm
12 has not been issued a currently valid Firearm Owner's
13 Identification Card; or
14 (D) the person possessing the weapon was
15 previously adjudicated a delinquent minor under the
16 Juvenile Court Act of 1987 for an act that if committed
17 by an adult would be a felony; or
18 (E) the person possessing the weapon was engaged
19 in a misdemeanor violation of the Cannabis Control
20 Act, in a misdemeanor violation of the Illinois
21 Controlled Substances Act, or in a misdemeanor
22 violation of the Methamphetamine Control and Community
23 Protection Act; or
24 (F) (blank); or
25 (G) the person possessing the weapon had an order
26 of protection issued against him or her within the

HB1770- 129 -LRB102 11608 KMF 16942 b
1 previous 2 years; or
2 (H) the person possessing the weapon was engaged
3 in the commission or attempted commission of a
4 misdemeanor involving the use or threat of violence
5 against the person or property of another; or
6 (I) the person possessing the weapon was under 21
7 years of age and in possession of a handgun, unless the
8 person under 21 is engaged in lawful activities under
9 the Wildlife Code or described in subsection
10 24-2(b)(1), (b)(3), or 24-2(f).
11 (a-5) "Handgun" as used in this Section has the meaning
12given to it in Section 5 of the Firearm Concealed Carry Act.
13 (b) "Stun gun or taser" as used in this Section has the
14same definition given to it in Section 24-1 of this Code.
15 (c) This Section does not apply to or affect the
16transportation or possession of weapons that:
17 (i) are broken down in a non-functioning state; or
18 (ii) are not immediately accessible; or
19 (iii) are unloaded and enclosed in a case, firearm
20 carrying box, shipping box, or other container by a person
21 is eligible under State and federal law to possess a
22 firearm who has been issued a currently valid Firearm
23 Owner's Identification Card.
24 (d) Sentence.
25 (1) Aggravated unlawful use of a weapon is a Class 4
26 felony; a second or subsequent offense is a Class 2 felony

HB1770- 130 -LRB102 11608 KMF 16942 b
1 for which the person shall be sentenced to a term of
2 imprisonment of not less than 3 years and not more than 7
3 years, except as provided for in Section 5-4.5-110 of the
4 Unified Code of Corrections.
5 (2) (Blank). Except as otherwise provided in
6 paragraphs (3) and (4) of this subsection (d), a first
7 offense of aggravated unlawful use of a weapon committed
8 with a firearm by a person 18 years of age or older where
9 the factors listed in both items (A) and (C) or both items
10 (A-5) and (C) of paragraph (3) of subsection (a) are
11 present is a Class 4 felony, for which the person shall be
12 sentenced to a term of imprisonment of not less than one
13 year and not more than 3 years.
14 (3) Aggravated unlawful use of a weapon by a person
15 who has been previously convicted of a felony in this
16 State or another jurisdiction is a Class 2 felony for
17 which the person shall be sentenced to a term of
18 imprisonment of not less than 3 years and not more than 7
19 years, except as provided for in Section 5-4.5-110 of the
20 Unified Code of Corrections.
21 (4) Aggravated unlawful use of a weapon while wearing
22 or in possession of body armor as defined in Section 33F-1
23 by a person who is prohibited under State or federal law
24 from possessing a firearm has not been issued a valid
25 Firearms Owner's Identification Card in accordance with
26 Section 5 of the Firearm Owners Identification Card Act is

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1 a Class X felony.
2 (e) The possession of each firearm in violation of this
3Section constitutes a single and separate violation.
4(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
5 (720 ILCS 5/24-1.8)
6 Sec. 24-1.8. Unlawful possession of a firearm by a street
7gang member.
8 (a) A person commits unlawful possession of a firearm by a
9street gang member when he or she knowingly:
10 (1) possesses, carries, or conceals on or about his or
11 her person a firearm and firearm ammunition while on any
12 street, road, alley, gangway, sidewalk, or any other
13 lands, except when inside his or her own abode or inside
14 his or her fixed place of business, and has not been issued
15 a currently valid Firearm Owner's Identification Card and
16 is a member of a street gang; or
17 (2) possesses or carries in any vehicle a firearm and
18 firearm ammunition which are both immediately accessible
19 at the time of the offense while on any street, road,
20 alley, or any other lands, except when inside his or her
21 own abode or garage, and has not been issued a currently
22 valid Firearm Owner's Identification Card and is a member
23 of a street gang.
24 (b) Unlawful possession of a firearm by a street gang
25member is a Class 2 felony for which the person, if sentenced

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1to a term of imprisonment, shall be sentenced to no less than 3
2years and no more than 10 years. A period of probation, a term
3of periodic imprisonment or conditional discharge shall not be
4imposed for the offense of unlawful possession of a firearm by
5a street gang member when the firearm was loaded or contained
6firearm ammunition and the court shall sentence the offender
7to not less than the minimum term of imprisonment authorized
8for the Class 2 felony.
9 (c) For purposes of this Section:
10 "Street gang" or "gang" has the meaning ascribed to it
11 in Section 10 of the Illinois Streetgang Terrorism Omnibus
12 Prevention Act.
13 "Street gang member" or "gang member" has the meaning
14 ascribed to it in Section 10 of the Illinois Streetgang
15 Terrorism Omnibus Prevention Act.
16(Source: P.A. 96-829, eff. 12-3-09.)
17 (720 ILCS 5/24-2)
18 Sec. 24-2. Exemptions.
19 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2024-1(a)(13) and Section 24-1.6 do not apply to or affect any of
21the following:
22 (1) Peace officers, and any person summoned by a peace
23 officer to assist in making arrests or preserving the
24 peace, while actually engaged in assisting such officer.
25 (2) Wardens, superintendents and keepers of prisons,

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1 penitentiaries, jails and other institutions for the
2 detention of persons accused or convicted of an offense,
3 while in the performance of their official duty, or while
4 commuting between their homes and places of employment.
5 (3) Members of the Armed Services or Reserve Forces of
6 the United States or the Illinois National Guard or the
7 Reserve Officers Training Corps, while in the performance
8 of their official duty.
9 (4) Special agents employed by a railroad or a public
10 utility to perform police functions, and guards of armored
11 car companies, while actually engaged in the performance
12 of the duties of their employment or commuting between
13 their homes and places of employment; and watchmen while
14 actually engaged in the performance of the duties of their
15 employment.
16 (5) Persons licensed as private security contractors,
17 private detectives, or private alarm contractors, or
18 employed by a private security contractor, private
19 detective, or private alarm contractor agency licensed by
20 the Department of Financial and Professional Regulation,
21 if their duties include the carrying of a weapon under the
22 provisions of the Private Detective, Private Alarm,
23 Private Security, Fingerprint Vendor, and Locksmith Act of
24 2004, while actually engaged in the performance of the
25 duties of their employment or commuting between their
26 homes and places of employment. A person shall be

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

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

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1 (8) Persons employed by a financial institution as a
2 security guard for the protection of other employees and
3 property related to such financial institution, while
4 actually engaged in the performance of their duties,
5 commuting between their homes and places of employment, or
6 traveling between sites or properties owned or operated by
7 such financial institution, and who, as a security guard,
8 is a member of a security force registered with the
9 Department; provided that any person so employed has
10 successfully completed a course of study, approved by and
11 supervised by the Department of Financial and Professional
12 Regulation, consisting of not less than 40 hours of
13 training which includes theory of law enforcement,
14 liability for acts, and the handling of weapons. A person
15 shall be considered to be eligible for this exemption if
16 he or she has completed the required 20 hours of training
17 for a security officer and 20 hours of required firearm
18 training, and has been issued a firearm control card by
19 the Department of Financial and Professional Regulation.
20 Conditions for renewal of firearm control cards issued
21 under the provisions of this Section shall be the same as
22 for those issued under the provisions of the Private
23 Detective, Private Alarm, Private Security, Fingerprint
24 Vendor, and Locksmith Act of 2004. The firearm control
25 card shall be carried by the security guard at all times
26 when he or she is in possession of a concealable weapon

HB1770- 137 -LRB102 11608 KMF 16942 b
1 permitted by his or her firearm control card. For purposes
2 of this subsection, "financial institution" means a bank,
3 savings and loan association, credit union or company
4 providing armored car services.
5 (9) Any person employed by an armored car company to
6 drive an armored car, while actually engaged in the
7 performance of his duties.
8 (10) Persons who have been classified as peace
9 officers pursuant to the Peace Officer Fire Investigation
10 Act.
11 (11) Investigators of the Office of the State's
12 Attorneys Appellate Prosecutor authorized by the board of
13 governors of the Office of the State's Attorneys Appellate
14 Prosecutor to carry weapons pursuant to Section 7.06 of
15 the State's Attorneys Appellate Prosecutor's Act.
16 (12) Special investigators appointed by a State's
17 Attorney under Section 3-9005 of the Counties Code.
18 (12.5) Probation officers while in the performance of
19 their duties, or while commuting between their homes,
20 places of employment or specific locations that are part
21 of their assigned duties, with the consent of the chief
22 judge of the circuit for which they are employed, if they
23 have received weapons training according to requirements
24 of the Peace Officer and Probation Officer Firearm
25 Training Act.
26 (13) Court Security Officers while in the performance

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1 of their official duties, or while commuting between their
2 homes and places of employment, with the consent of the
3 Sheriff.
4 (13.5) A person employed as an armed security guard at
5 a nuclear energy, storage, weapons or development site or
6 facility regulated by the Nuclear Regulatory Commission
7 who has completed the background screening and training
8 mandated by the rules and regulations of the Nuclear
9 Regulatory Commission.
10 (14) Manufacture, transportation, or sale of weapons
11 to persons authorized under subdivisions (1) through
12 (13.5) of this subsection to possess those weapons.
13 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
14to or affect any person carrying a concealed pistol, revolver,
15or handgun and the person has been issued a currently valid
16license under the Firearm Concealed Carry Act at the time of
17the commission of the offense.
18 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
19to or affect a qualified current or retired law enforcement
20officer qualified under the laws of this State or under the
21federal Law Enforcement Officers Safety Act.
22 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2324-1.6 do not apply to or affect any of the following:
24 (1) Members of any club or organization organized for
25 the purpose of practicing shooting at targets upon
26 established target ranges, whether public or private, and

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1 patrons of such ranges, while such members or patrons are
2 using their firearms on those target ranges.
3 (2) Duly authorized military or civil organizations
4 while parading, with the special permission of the
5 Governor.
6 (3) Hunters, trappers or fishermen with a license or
7 permit while engaged in hunting, trapping or fishing.
8 (4) Transportation of weapons that are broken down in
9 a non-functioning state or are not immediately accessible.
10 (5) Carrying or possessing any pistol, revolver, stun
11 gun or taser or other firearm on the land or in the legal
12 dwelling of another person as an invitee with that
13 person's permission.
14 (c) Subsection 24-1(a)(7) does not apply to or affect any
15of the following:
16 (1) Peace officers while in performance of their
17 official duties.
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 duty.
24 (4) Manufacture, transportation, or sale of machine
25 guns to persons authorized under subdivisions (1) through
26 (3) of this subsection to possess machine guns, if the

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

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1 the development and supply of such rifles, shotguns,
2 weapons or ammunition to the United States government or
3 any branch of the Armed Forces of the United States, when
4 such activities are necessary and incident to fulfilling
5 the terms of such contract.
6 The exemption granted under this subdivision (c)(6)
7 shall also apply to any authorized agent of any such
8 contractor or subcontractor who is operating within the
9 scope of his employment, where such activities involving
10 such weapon, weapons or ammunition are necessary and
11 incident to fulfilling the terms of such contract.
12 (7) A person possessing a rifle with a barrel or
13 barrels less than 16 inches in length if: (A) the person
14 has been issued a Curios and Relics license from the U.S.
15 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
16 (B) the person is an active member of a bona fide,
17 nationally recognized military re-enacting group and the
18 modification is required and necessary to accurately
19 portray the weapon for historical re-enactment purposes;
20 the re-enactor is in possession of a valid and current
21 re-enacting group membership credential; and the overall
22 length of the weapon as modified is not less than 26
23 inches.
24 (d) Subsection 24-1(a)(1) does not apply to the purchase,
25possession or carrying of a black-jack or slung-shot by a
26peace officer.

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1 (e) Subsection 24-1(a)(8) does not apply to any owner,
2manager or authorized employee of any place specified in that
3subsection nor to any law enforcement officer.
4 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
5Section 24-1.6 do not apply to members of any club or
6organization organized for the purpose of practicing shooting
7at targets upon established target ranges, whether public or
8private, while using their firearms on those target ranges.
9 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
10to:
11 (1) Members of the Armed Services or Reserve Forces of
12 the United States or the Illinois National Guard, while in
13 the performance of their official duty.
14 (2) Bonafide collectors of antique or surplus military
15 ordnance.
16 (3) Laboratories having a department of forensic
17 ballistics, or specializing in the development of
18 ammunition or explosive ordnance.
19 (4) Commerce, preparation, assembly or possession of
20 explosive bullets by manufacturers of ammunition licensed
21 by the federal government, in connection with the supply
22 of those organizations and persons exempted by subdivision
23 (g)(1) of this Section, or like organizations and persons
24 outside this State, or the transportation of explosive
25 bullets to any organization or person exempted in this
26 Section by a common carrier or by a vehicle owned or leased

HB1770- 143 -LRB102 11608 KMF 16942 b
1 by an exempted manufacturer.
2 (g-5) Subsection 24-1(a)(6) does not apply to or affect
3persons licensed under federal law to manufacture any device
4or attachment of any kind designed, used, or intended for use
5in silencing the report of any firearm, firearms, or
6ammunition for those firearms equipped with those devices, and
7actually engaged in the business of manufacturing those
8devices, firearms, or ammunition, but only with respect to
9activities that are within the lawful scope of that business,
10such as the manufacture, transportation, or testing of those
11devices, firearms, or ammunition. This exemption does not
12authorize the general private possession of any device or
13attachment of any kind designed, used, or intended for use in
14silencing the report of any firearm, but only such possession
15and activities as are within the lawful scope of a licensed
16manufacturing business described in this subsection (g-5).
17During transportation, these devices shall be detached from
18any weapon or not immediately accessible.
19 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2024-1.6 do not apply to or affect any parole agent or parole
21supervisor who meets the qualifications and conditions
22prescribed in Section 3-14-1.5 of the Unified Code of
23Corrections.
24 (g-7) Subsection 24-1(a)(6) does not apply to a peace
25officer while serving as a member of a tactical response team
26or special operations team. A peace officer may not personally

HB1770- 144 -LRB102 11608 KMF 16942 b
1own or apply for ownership of a device or attachment of any
2kind designed, used, or intended for use in silencing the
3report of any firearm. These devices shall be owned and
4maintained by lawfully recognized units of government whose
5duties include the investigation of criminal acts.
6 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
724-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
8athlete's possession, transport on official Olympic and
9Paralympic transit systems established for athletes, or use of
10competition firearms sanctioned by the International Olympic
11Committee, the International Paralympic Committee, the
12International Shooting Sport Federation, or USA Shooting in
13connection with such athlete's training for and participation
14in shooting competitions at the 2016 Olympic and Paralympic
15Games and sanctioned test events leading up to the 2016
16Olympic and Paralympic Games.
17 (h) An information or indictment based upon a violation of
18any subsection of this Article need not negative any
19exemptions contained in this Article. The defendant shall have
20the burden of proving such an exemption.
21 (i) Nothing in this Article shall prohibit, apply to, or
22affect the transportation, carrying, or possession, of any
23pistol or revolver, stun gun, taser, or other firearm
24consigned to a common carrier operating under license of the
25State of Illinois or the federal government, where such
26transportation, carrying, or possession is incident to the

HB1770- 145 -LRB102 11608 KMF 16942 b
1lawful transportation in which such common carrier is engaged;
2and nothing in this Article shall prohibit, apply to, or
3affect the transportation, carrying, or possession of any
4pistol, revolver, stun gun, taser, or other firearm, not the
5subject of and regulated by subsection 24-1(a)(7) or
6subsection 24-2(c) of this Article, which is unloaded and
7enclosed in a case, firearm carrying box, shipping box, or
8other container, by a person eligible under State and federal
9law to possess a firearm the possessor of a valid Firearm
10Owners Identification Card.
11(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
12 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
13 Sec. 24-3. Unlawful sale or delivery of firearms.
14 (A) A person commits the offense of unlawful sale or
15delivery of firearms when he or she knowingly does any of the
16following:
17 (a) Sells or gives any firearm of a size which may be
18 concealed upon the person to any person under 18 years of
19 age.
20 (b) Sells or gives any firearm to a person under 21
21 years of age who has been convicted of a misdemeanor other
22 than a traffic offense or adjudged delinquent.
23 (c) Sells or gives any firearm to any narcotic addict.
24 (d) Sells or gives any firearm to any person who has
25 been convicted of a felony under the laws of this or any

HB1770- 146 -LRB102 11608 KMF 16942 b
1 other jurisdiction.
2 (e) Sells or gives any firearm to any person who has
3 been a patient in a mental institution within the past 5
4 years. In this subsection (e):
5 "Mental institution" means any hospital,
6 institution, clinic, evaluation facility, mental
7 health center, or part thereof, which is used
8 primarily for the care or treatment of persons with
9 mental illness.
10 "Patient in a mental institution" means the person
11 was admitted, either voluntarily or involuntarily, to
12 a mental institution for mental health treatment,
13 unless the treatment was voluntary and solely for an
14 alcohol abuse disorder and no other secondary
15 substance abuse disorder or mental illness.
16 (f) Sells or gives any firearms to any person who is a
17 person with an intellectual disability.
18 (g) Delivers any firearm, incidental to a sale,
19 without withholding delivery of the firearm for at least
20 72 hours after application for its purchase has been made,
21 or delivers a stun gun or taser, incidental to a sale,
22 without withholding delivery of the stun gun or taser for
23 at least 24 hours after application for its purchase has
24 been made. However, this paragraph (g) does not apply to:
25 (1) the sale of a firearm to a law enforcement officer if
26 the seller of the firearm knows that the person to whom he

HB1770- 147 -LRB102 11608 KMF 16942 b
1 or she is selling the firearm is a law enforcement officer
2 or the sale of a firearm to a person who desires to
3 purchase a firearm for use in promoting the public
4 interest incident to his or her employment as a bank
5 guard, armed truck guard, or other similar employment; (2)
6 a mail order sale of a firearm from a federally licensed
7 firearms dealer to a nonresident of Illinois under which
8 the firearm is mailed to a federally licensed firearms
9 dealer outside the boundaries of Illinois; (3) (blank);
10 (4) the sale of a firearm to a dealer licensed as a federal
11 firearms dealer under Section 923 of the federal Gun
12 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
13 sale of any rifle, shotgun, or other long gun to a resident
14 registered competitor or attendee or non-resident
15 registered competitor or attendee by any dealer licensed
16 as a federal firearms dealer under Section 923 of the
17 federal Gun Control Act of 1968 at competitive shooting
18 events held at the World Shooting Complex sanctioned by a
19 national governing body. For purposes of transfers or
20 sales under subparagraph (5) of this paragraph (g), the
21 Department of Natural Resources shall give notice to the
22 Department of State Police at least 30 calendar days prior
23 to any competitive shooting events at the World Shooting
24 Complex sanctioned by a national governing body. The
25 notification shall be made on a form prescribed by the
26 Department of State Police. The sanctioning body shall

HB1770- 148 -LRB102 11608 KMF 16942 b
1 provide a list of all registered competitors and attendees
2 at least 24 hours before the events to the Department of
3 State Police. Any changes to the list of registered
4 competitors and attendees shall be forwarded to the
5 Department of State Police as soon as practicable. The
6 Department of State Police must destroy the list of
7 registered competitors and attendees no later than 30 days
8 after the date of the event. Nothing in this paragraph (g)
9 relieves a federally licensed firearm dealer from the
10 requirements of conducting a NICS background check through
11 the Illinois Point of Contact under 18 U.S.C. 922(t). For
12 purposes of this paragraph (g), "application" means when
13 the buyer and seller reach an agreement to purchase a
14 firearm. For purposes of this paragraph (g), "national
15 governing body" means a group of persons who adopt rules
16 and formulate policy on behalf of a national firearm
17 sporting organization.
18 (h) While holding any license as a dealer, importer,
19 manufacturer or pawnbroker under the federal Gun Control
20 Act of 1968, manufactures, sells or delivers to any
21 unlicensed person a handgun having a barrel, slide, frame
22 or receiver which is a die casting of zinc alloy or any
23 other nonhomogeneous metal which will melt or deform at a
24 temperature of less than 800 degrees Fahrenheit. For
25 purposes of this paragraph, (1) "firearm" is defined as in
26 the Firearm Owners Identification Card Act; and (2)

HB1770- 149 -LRB102 11608 KMF 16942 b
1 "handgun" is defined as a firearm designed to be held and
2 fired by the use of a single hand, and includes a
3 combination of parts from which such a firearm can be
4 assembled.
5 (i) Sells or gives a firearm of any size to any person
6 under 18 years of age who is not eligible under State or
7 federal law to possess a firearm does not possess a valid
8 Firearm Owner's Identification Card.
9 (j) Sells or gives a firearm while engaged in the
10 business of selling firearms at wholesale or retail
11 without being licensed as a federal firearms dealer under
12 Section 923 of the federal Gun Control Act of 1968 (18
13 U.S.C. 923). In this paragraph (j):
14 A person "engaged in the business" means a person who
15 devotes time, attention, and labor to engaging in the
16 activity as a regular course of trade or business with the
17 principal objective of livelihood and profit, but does not
18 include a person who makes occasional repairs of firearms
19 or who occasionally fits special barrels, stocks, or
20 trigger mechanisms to firearms.
21 "With the principal objective of livelihood and
22 profit" means that the intent underlying the sale or
23 disposition of firearms is predominantly one of obtaining
24 livelihood and pecuniary gain, as opposed to other
25 intents, such as improving or liquidating a personal
26 firearms collection; however, proof of profit shall not be

HB1770- 150 -LRB102 11608 KMF 16942 b
1 required as to a person who engages in the regular and
2 repetitive purchase and disposition of firearms for
3 criminal purposes or terrorism.
4 (k) (Blank). Sells or transfers ownership of a firearm
5 to a person who does not display to the seller or
6 transferor of the firearm either: (1) a currently valid
7 Firearm Owner's Identification Card that has previously
8 been issued in the transferee's name by the Department of
9 State Police under the provisions of the Firearm Owners
10 Identification Card Act; or (2) a currently valid license
11 to carry a concealed firearm that has previously been
12 issued in the transferee's name by the Department of State
13 Police under the Firearm Concealed Carry Act. This
14 paragraph (k) does not apply to the transfer of a firearm
15 to a person who is exempt from the requirement of
16 possessing a Firearm Owner's Identification Card under
17 Section 2 of the Firearm Owners Identification Card Act.
18 For the purposes of this Section, a currently valid
19 Firearm Owner's Identification Card means (i) a Firearm
20 Owner's Identification Card that has not expired or (ii)
21 an approval number issued in accordance with subsection
22 (a-10) of subsection 3 or Section 3.1 of the Firearm
23 Owners Identification Card Act shall be proof that the
24 Firearm Owner's Identification Card was valid.
25 (1) (Blank). In addition to the other requirements
26 of this paragraph (k), all persons who are not

HB1770- 151 -LRB102 11608 KMF 16942 b
1 federally licensed firearms dealers must also have
2 complied with subsection (a-10) of Section 3 of the
3 Firearm Owners Identification Card Act by determining
4 the validity of a purchaser's Firearm Owner's
5 Identification Card.
6 (2) (Blank). All sellers or transferors who have
7 complied with the requirements of subparagraph (1) of
8 this paragraph (k) shall not be liable for damages in
9 any civil action arising from the use or misuse by the
10 transferee of the firearm transferred, except for
11 willful or wanton misconduct on the part of the seller
12 or transferor.
13 (l) Not being entitled to the possession of a firearm,
14 delivers the firearm, knowing it to have been stolen or
15 converted. It may be inferred that a person who possesses
16 a firearm with knowledge that its serial number has been
17 removed or altered has knowledge that the firearm is
18 stolen or converted.
19 (B) Paragraph (h) of subsection (A) does not include
20firearms sold within 6 months after enactment of Public Act
2178-355 (approved August 21, 1973, effective October 1, 1973),
22nor is any firearm legally owned or possessed by any citizen or
23purchased by any citizen within 6 months after the enactment
24of Public Act 78-355 subject to confiscation or seizure under
25the provisions of that Public Act. Nothing in Public Act
2678-355 shall be construed to prohibit the gift or trade of any

HB1770- 152 -LRB102 11608 KMF 16942 b
1firearm if that firearm was legally held or acquired within 6
2months after the enactment of that Public Act.
3 (C) Sentence.
4 (1) Any person convicted of unlawful sale or delivery
5 of firearms in violation of paragraph (c), (e), (f), (g),
6 or (h) of subsection (A) commits a Class 4 felony.
7 (2) Any person convicted of unlawful sale or delivery
8 of firearms in violation of paragraph (b) or (i) of
9 subsection (A) commits a Class 3 felony.
10 (3) Any person convicted of unlawful sale or delivery
11 of firearms in violation of paragraph (a) of subsection
12 (A) commits a Class 2 felony.
13 (4) Any person convicted of unlawful sale or delivery
14 of firearms in violation of paragraph (a), (b), or (i) of
15 subsection (A) in any school, on the real property
16 comprising a school, within 1,000 feet of the real
17 property comprising a school, at a school related
18 activity, or on or within 1,000 feet of any conveyance
19 owned, leased, or contracted by a school or school
20 district to transport students to or from school or a
21 school related activity, regardless of the time of day or
22 time of year at which the offense was committed, commits a
23 Class 1 felony. Any person convicted of a second or
24 subsequent violation of unlawful sale or delivery of
25 firearms in violation of paragraph (a), (b), or (i) of
26 subsection (A) in any school, on the real property

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

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1 (6) Any person convicted of unlawful sale or delivery
2 of firearms in violation of paragraph (j) of subsection
3 (A) commits a Class A misdemeanor. A second or subsequent
4 violation is a Class 4 felony.
5 (7) (Blank). Any person convicted of unlawful sale or
6 delivery of firearms in violation of paragraph (k) of
7 subsection (A) commits a Class 4 felony, except that a
8 violation of subparagraph (1) of paragraph (k) of
9 subsection (A) shall not be punishable as a crime or petty
10 offense. A third or subsequent conviction for a violation
11 of paragraph (k) of subsection (A) is a Class 1 felony.
12 (8) A person 18 years of age or older convicted of
13 unlawful sale or delivery of firearms in violation of
14 paragraph (a) or (i) of subsection (A), when the firearm
15 that was sold or given to another person under 18 years of
16 age was used in the commission of or attempt to commit a
17 forcible felony, shall be fined or imprisoned, or both,
18 not to exceed the maximum provided for the most serious
19 forcible felony so committed or attempted by the person
20 under 18 years of age who was sold or given the firearm.
21 (9) Any person convicted of unlawful sale or delivery
22 of firearms in violation of paragraph (d) of subsection
23 (A) commits a Class 3 felony.
24 (10) Any person convicted of unlawful sale or delivery
25 of firearms in violation of paragraph (l) of subsection
26 (A) commits a Class 2 felony if the delivery is of one

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1 firearm. Any person convicted of unlawful sale or delivery
2 of firearms in violation of paragraph (l) of subsection
3 (A) commits a Class 1 felony if the delivery is of not less
4 than 2 and not more than 5 firearms at the same time or
5 within a one year period. Any person convicted of unlawful
6 sale or delivery of firearms in violation of paragraph (l)
7 of subsection (A) commits a Class X felony for which he or
8 she shall be sentenced to a term of imprisonment of not
9 less than 6 years and not more than 30 years if the
10 delivery is of not less than 6 and not more than 10
11 firearms at the same time or within a 2 year period. Any
12 person convicted of unlawful sale or delivery of firearms
13 in violation of paragraph (l) of subsection (A) commits a
14 Class X felony for which he or she shall be sentenced to a
15 term of imprisonment of not less than 6 years and not more
16 than 40 years if the delivery is of not less than 11 and
17 not more than 20 firearms at the same time or within a 3
18 year period. Any person convicted of unlawful sale or
19 delivery of firearms in violation of paragraph (l) of
20 subsection (A) commits a Class X felony for which he or she
21 shall be sentenced to a term of imprisonment of not less
22 than 6 years and not more than 50 years if the delivery is
23 of not less than 21 and not more than 30 firearms at the
24 same time or within a 4 year period. Any person convicted
25 of unlawful sale or delivery of firearms in violation of
26 paragraph (l) of subsection (A) commits a Class X felony

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1 for which he or she shall be sentenced to a term of
2 imprisonment of not less than 6 years and not more than 60
3 years if the delivery is of 31 or more firearms at the same
4 time or within a 5 year period.
5 (D) For purposes of this Section:
6 "School" means a public or private elementary or secondary
7school, community college, college, or university.
8 "School related activity" means any sporting, social,
9academic, or other activity for which students' attendance or
10participation is sponsored, organized, or funded in whole or
11in part by a school or school district.
12 (E) A prosecution for a violation of paragraph (k) of
13subsection (A) of this Section may be commenced within 6 years
14after the commission of the offense. A prosecution for a
15violation of this Section other than paragraph (g) of
16subsection (A) of this Section may be commenced within 5 years
17after the commission of the offense defined in the particular
18paragraph.
19(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
2099-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
21 (720 ILCS 5/24-3B)
22 Sec. 24-3B. Firearms trafficking.
23 (a) A person commits firearms trafficking when he or she
24is prohibited under federal or State law from possessing a
25firearm has not been issued a currently valid Firearm Owner's

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1Identification Card and knowingly:
2 (1) brings, or causes to be brought, into this State,
3 a firearm or firearm ammunition for the purpose of sale,
4 delivery, or transfer to any other person or with the
5 intent to sell, deliver, or transfer the firearm or
6 firearm ammunition to any other person; or
7 (2) brings, or causes to be brought, into this State,
8 a firearm and firearm ammunition for the purpose of sale,
9 delivery, or transfer to any other person or with the
10 intent to sell, deliver, or transfer the firearm and
11 firearm ammunition to any other person.
12 (a-5) (Blank). This Section does not apply to:
13 (1) a person exempt under Section 2 of the Firearm
14 Owners Identification Card Act from the requirement of
15 having possession of a Firearm Owner's Identification Card
16 previously issued in his or her name by the Department of
17 State Police in order to acquire or possess a firearm or
18 firearm ammunition;
19 (2) a common carrier under subsection (i) of Section
20 24-2 of this Code; or
21 (3) a non-resident who may lawfully possess a firearm
22 in his or her resident state.
23 (b) Sentence.
24 (1) Firearms trafficking is a Class 1 felony for which
25 the person, if sentenced to a term of imprisonment, shall
26 be sentenced to not less than 4 years and not more than 20

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1 years.
2 (2) Firearms trafficking by a person who has been
3 previously convicted of firearms trafficking, gunrunning,
4 or a felony offense for the unlawful sale, delivery, or
5 transfer of a firearm or firearm ammunition in this State
6 or another jurisdiction is a Class X felony.
7(Source: P.A. 99-885, eff. 8-23-16.)
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

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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

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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.

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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 5/24-4.1)
25 Sec. 24-4.1. Report of lost or stolen firearms.

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1 (a) If a person who possesses a valid Firearm Owner's
2Identification Card and who possesses or acquires a firearm
3thereafter loses the firearm, or if the firearm is stolen from
4the person, the person must report the loss or theft to the
5local law enforcement agency within 72 hours after obtaining
6knowledge of the loss or theft.
7 (b) A law enforcement agency having jurisdiction shall
8take a written report and shall, as soon as practical, enter
9the firearm's serial number as stolen into the Law Enforcement
10Agencies Data System (LEADS).
11 (c) A person shall not be in violation of this Section if:
12 (1) the failure to report is due to an act of God, act
13 of war, or inability of a law enforcement agency to
14 receive the report;
15 (2) the person is hospitalized, in a coma, or is
16 otherwise seriously physically or mentally impaired as to
17 prevent the person from reporting; or
18 (3) the person's designee makes a report if the person
19 is unable to make the report.
20 (d) Sentence. A person who violates this Section is guilty
21of a petty offense for a first violation. A second or
22subsequent violation of this Section is a Class A misdemeanor.
23(Source: P.A. 98-508, eff. 8-19-13.)
24 (720 ILCS 5/24-4.5 new)
25 Sec. 24-4.5. Dial up system.

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1 (a) The Illinois State Police shall provide a dial up
2telephone system or utilize other existing technology which
3shall be used by any federally licensed firearm dealer, gun
4show promoter, or gun show vendor who is to transfer a firearm,
5stun gun, or taser under the provisions of this Code. The
6Illinois State Police may utilize existing technology which
7allows the caller to be charged a fee not to exceed $2. Fees
8collected by the Illinois State Police shall be deposited in
9the State Police Services Fund and used to provide the
10service.
11 (b) Upon receiving a request from a federally licensed
12firearm dealer, gun show promoter, or gun show vendor, the
13Illinois State Police shall immediately approve, or within the
14time period established by Section 24-3 of this Code regarding
15the delivery of firearms, stun guns, and tasers notify the
16inquiring dealer, gun show promoter, or gun show vendor of any
17objection that would disqualify the transferee from acquiring
18or possessing a firearm, stun gun, or taser. In conducting the
19inquiry, the Illinois State Police shall initiate and complete
20an automated search of its criminal history record information
21files and those of the Federal Bureau of Investigation,
22including the National Instant Criminal Background Check
23System, and of the files of the Department of Human Services
24relating to mental health and developmental disabilities to
25obtain any felony conviction or patient hospitalization
26information which would disqualify a person from obtaining a

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1firearm.
2 (c) If receipt of a firearm would not violate Section 24-3
3of this Code or federal law, the Illinois State Police shall:
4 (1) assign a unique identification number to the
5 transfer; and
6 (2) provide the licensee, gun show promoter, or gun
7 show vendor with the number.
8 (d) Approvals issued by the Illinois State Police for the
9purchase of a firearm are valid for 30 days from the date of
10issue.
11 (e)(1) The Illinois State Police must act as the Illinois
12Point of Contact for the National Instant Criminal Background
13Check System.
14 (2) The Illinois State Police and the Department of Human
15Services shall, in accordance with State and federal law
16regarding confidentiality, enter into a memorandum of
17understanding with the Federal Bureau of Investigation for the
18purpose of implementing the National Instant Criminal
19Background Check System in the State. The Illinois State
20Police shall report the name, date of birth, and physical
21description of any person prohibited from possessing a firearm
22under this Code or 18 U.S.C. 922(g) and (n) to the National
23Instant Criminal Background Check System Index, Denied Persons
24Files.
25 (f) The Illinois State Police shall adopt rules not
26inconsistent with this Section to implement this system.

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

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1 defense of another; or
2 (2) to any firearm obtained by a minor under the age of
3 14 because of an unlawful entry of the premises by the
4 minor or another person.
5 (d) (Blank). For the purposes of this Section, "firearm"
6has the meaning ascribed to it in Section 1.1 of the Firearm
7Owners Identification Card Act.
8(Source: P.A. 91-18, eff. 1-1-00.)
9 Section 85. The Methamphetamine Control and Community
10Protection Act is amended by changing Section 10 as follows:
11 (720 ILCS 646/10)
12 Sec. 10. Definitions. As used in this Act:
13 "Anhydrous ammonia" has the meaning provided in subsection
14(d) of Section 3 of the Illinois Fertilizer Act of 1961.
15 "Anhydrous ammonia equipment" means all items used to
16store, hold, contain, handle, transfer, transport, or apply
17anhydrous ammonia for lawful purposes.
18 "Booby trap" means any device designed to cause physical
19injury when triggered by an act of a person approaching,
20entering, or moving through a structure, a vehicle, or any
21location where methamphetamine has been manufactured, is being
22manufactured, or is intended to be manufactured.
23 "Deliver" or "delivery" has the meaning provided in
24subsection (h) of Section 102 of the Illinois Controlled

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1Substances Act.
2 "Director" means the Director of State Police or the
3Director's designated agents.
4 "Dispose" or "disposal" means to abandon, discharge,
5release, deposit, inject, dump, spill, leak, or place
6methamphetamine waste onto or into any land, water, or well of
7any type so that the waste has the potential to enter the
8environment, be emitted into the air, or be discharged into
9the soil or any waters, including groundwater.
10 "Emergency response" means the act of collecting evidence
11from or securing a methamphetamine laboratory site,
12methamphetamine waste site or other methamphetamine-related
13site and cleaning up the site, whether these actions are
14performed by public entities or private contractors paid by
15public entities.
16 "Emergency service provider" means a local, State, or
17federal peace officer, firefighter, emergency medical
18technician-ambulance, emergency medical
19technician-intermediate, emergency medical
20technician-paramedic, ambulance driver, or other medical or
21first aid personnel rendering aid, or any agent or designee of
22the foregoing.
23 "Finished methamphetamine" means methamphetamine in a form
24commonly used for personal consumption.
25 "Firearm" has the meaning provided in Section 2-7.5 of the
26Criminal Code of 2012 1.1 of the Firearm Owners Identification

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1Card Act.
2 "Manufacture" means to produce, prepare, compound,
3convert, process, synthesize, concentrate, purify, separate,
4extract, or package any methamphetamine, methamphetamine
5precursor, methamphetamine manufacturing catalyst,
6methamphetamine manufacturing reagent, methamphetamine
7manufacturing solvent, or any substance containing any of the
8foregoing.
9 "Methamphetamine" means the chemical methamphetamine (a
10Schedule II controlled substance under the Illinois Controlled
11Substances Act) or any salt, optical isomer, salt of optical
12isomer, or analog thereof, with the exception of
133,4-Methylenedioxymethamphetamine (MDMA) or any other
14scheduled substance with a separate listing under the Illinois
15Controlled Substances Act.
16 "Methamphetamine manufacturing catalyst" means any
17substance that has been used, is being used, or is intended to
18be used to activate, accelerate, extend, or improve a chemical
19reaction involved in the manufacture of methamphetamine.
20 "Methamphetamine manufacturing environment" means a
21structure or vehicle in which:
22 (1) methamphetamine is being or has been manufactured;
23 (2) chemicals that are being used, have been used, or
24 are intended to be used to manufacture methamphetamine are
25 stored;
26 (3) methamphetamine manufacturing materials that have

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

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

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1a permanent physical or mental impairment resulting from
2disease, injury, functional disorder, or congenital condition
3which renders the person incapable of adequately providing for
4his or her own health and personal care.
5 "Procure" means to purchase, steal, gather, or otherwise
6obtain, by legal or illegal means, or to cause another to take
7such action.
8 "Second or subsequent offense" means an offense under this
9Act committed by an offender who previously committed an
10offense under this Act, the Illinois Controlled Substances
11Act, the Cannabis Control Act, or another Act of this State,
12another state, or the United States relating to
13methamphetamine, cannabis, or any other controlled substance.
14 "Standard dosage form", as used in relation to any
15methamphetamine precursor, means that the methamphetamine
16precursor is contained in a pill, tablet, capsule, caplet, gel
17cap, or liquid cap that has been manufactured by a lawful
18entity and contains a standard quantity of methamphetamine
19precursor.
20 "Unauthorized container", as used in relation to anhydrous
21ammonia, means any container that is not designed for the
22specific and sole purpose of holding, storing, transporting,
23or applying anhydrous ammonia. "Unauthorized container"
24includes, but is not limited to, any propane tank, fire
25extinguisher, oxygen cylinder, gasoline can, food or beverage
26cooler, or compressed gas cylinder used in dispensing fountain

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1drinks. "Unauthorized container" does not encompass anhydrous
2ammonia manufacturing plants, refrigeration systems where
3anhydrous ammonia is used solely as a refrigerant, anhydrous
4ammonia transportation pipelines, anhydrous ammonia tankers,
5or anhydrous ammonia barges.
6(Source: P.A. 97-434, eff. 1-1-12.)
7 Section 90. The Code of Criminal Procedure of 1963 is
8amended by changing Sections 102-7.1, 110-10, 112A-11.1,
9112A-11.2, 112A-14, and 112A-14.7 as follows:
10 (725 ILCS 5/102-7.1)
11 Sec. 102-7.1. "Category A offense". "Category A offense"
12means a Class 1 felony, Class 2 felony, Class X felony, first
13degree murder, a violation of Section 11-204 of the Illinois
14Vehicle Code, a second or subsequent violation of Section
1511-501 of the Illinois Vehicle Code, a violation of subsection
16(d) of Section 11-501 of the Illinois Vehicle Code, a
17violation of Section 11-401 of the Illinois Vehicle Code if
18the accident results in injury and the person failed to report
19the accident within 30 minutes, a violation of Section 9-3,
209-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
2111-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
2212-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
2324-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a
24second or subsequent violation of 12-3.2 or 12-3.4 of the

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1Criminal Code of 2012, a violation of paragraph (5) or (6) of
2subsection (b) of Section 10-9 of the Criminal Code of 2012, a
3violation of subsection (b) or (c) or paragraph (1) or (2) of
4subsection (a) of Section 11-1.50 of the Criminal Code of
52012, a violation of Section 12-7 of the Criminal Code of 2012
6if the defendant inflicts bodily harm on the victim to obtain a
7confession, statement, or information, a violation of Section
812-7.5 of the Criminal Code of 2012 if the action results in
9bodily harm, a violation of paragraph (3) of subsection (b) of
10Section 17-2 of the Criminal Code of 2012, a violation of
11subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
122012, a violation of paragraph (6) of subsection (a) of
13Section 24-1 of the Criminal Code of 2012, a first violation of
14Section 24-1.6 of the Criminal Code of 2012 by a person 18
15years of age or older where the factors listed in both items
16(A) and (C) or both items (A-5) and (C) of paragraph (3) of
17subsection (a) of Section 24-1.6 of the Criminal Code of 2012
18are present, a Class 3 felony violation of paragraph (1) of
19subsection (a) of Section 2 of the Firearm Owners
20Identification Card Act committed before the effective date of
21this amendatory Act of the 102nd General Assembly, or a
22violation of Section 10 of the Sex Offender Registration Act.
23(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
24 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
25 Sec. 110-10. Conditions of bail bond.

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1 (a) If a person is released prior to conviction, either
2upon payment of bail security or on his or her own
3recognizance, the conditions of the bail bond shall be that he
4or she will:
5 (1) Appear to answer the charge in the court having
6 jurisdiction on a day certain and thereafter as ordered by
7 the court until discharged or final order of the court;
8 (2) Submit himself or herself to the orders and
9 process of the court;
10 (3) Not depart this State without leave of the court;
11 (4) Not violate any criminal statute of any
12 jurisdiction;
13 (5) At a time and place designated by the court,
14 surrender all firearms in his or her possession to a law
15 enforcement officer designated by the court to take
16 custody of and impound the firearms and physically
17 surrender his or her Firearm Owner's Identification Card
18 to the clerk of the circuit court when the offense the
19 person has been charged with is a forcible felony,
20 stalking, aggravated stalking, domestic battery, any
21 violation of the Illinois Controlled Substances Act, the
22 Methamphetamine Control and Community Protection Act, or
23 the Cannabis Control Act that is classified as a Class 2 or
24 greater felony, or any felony violation of Article 24 of
25 the Criminal Code of 1961 or the Criminal Code of 2012; the
26 court may, however, forgo the imposition of this condition

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1 when the circumstances of the case clearly do not warrant
2 it or when its imposition would be impractical; if the
3 Firearm Owner's Identification Card is confiscated, the
4 clerk of the circuit court shall mail the confiscated card
5 to the Illinois State Police; all legally possessed
6 firearms shall be returned to the person upon the charges
7 being dismissed, or if the person is found not guilty,
8 unless the finding of not guilty is by reason of insanity;
9 and
10 (6) At a time and place designated by the court,
11 submit to a psychological evaluation when the person has
12 been charged with a violation of item (4) of subsection
13 (a) of Section 24-1 of the Criminal Code of 1961 or the
14 Criminal Code of 2012 and that violation occurred in a
15 school or in any conveyance owned, leased, or contracted
16 by a school to transport students to or from school or a
17 school-related activity, or on any public way within 1,000
18 feet of real property comprising any school.
19 Psychological evaluations ordered pursuant to this Section
20shall be completed promptly and made available to the State,
21the defendant, and the court. As a further condition of bail
22under these circumstances, the court shall order the defendant
23to refrain from entering upon the property of the school,
24including any conveyance owned, leased, or contracted by a
25school to transport students to or from school or a
26school-related activity, or on any public way within 1,000

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1feet of real property comprising any school. Upon receipt of
2the psychological evaluation, either the State or the
3defendant may request a change in the conditions of bail,
4pursuant to Section 110-6 of this Code. The court may change
5the conditions of bail to include a requirement that the
6defendant follow the recommendations of the psychological
7evaluation, including undergoing psychiatric treatment. The
8conclusions of the psychological evaluation and any statements
9elicited from the defendant during its administration are not
10admissible as evidence of guilt during the course of any trial
11on the charged offense, unless the defendant places his or her
12mental competency in issue.
13 (b) The court may impose other conditions, such as the
14following, if the court finds that such conditions are
15reasonably necessary to assure the defendant's appearance in
16court, protect the public from the defendant, or prevent the
17defendant's unlawful interference with the orderly
18administration of justice:
19 (1) Report to or appear in person before such person
20 or agency as the court may direct;
21 (2) Refrain from possessing a firearm or other
22 dangerous weapon;
23 (3) Refrain from approaching or communicating with
24 particular persons or classes of persons;
25 (4) Refrain from going to certain described
26 geographical areas or premises;

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1 (5) Refrain from engaging in certain activities or
2 indulging in intoxicating liquors or in certain drugs;
3 (6) Undergo treatment for drug addiction or
4 alcoholism;
5 (7) Undergo medical or psychiatric treatment;
6 (8) Work or pursue a course of study or vocational
7 training;
8 (9) Attend or reside in a facility designated by the
9 court;
10 (10) Support his or her dependents;
11 (11) If a minor resides with his or her parents or in a
12 foster home, attend school, attend a non-residential
13 program for youths, and contribute to his or her own
14 support at home or in a foster home;
15 (12) Observe any curfew ordered by the court;
16 (13) Remain in the custody of such designated person
17 or organization agreeing to supervise his release. Such
18 third party custodian shall be responsible for notifying
19 the court if the defendant fails to observe the conditions
20 of release which the custodian has agreed to monitor, and
21 shall be subject to contempt of court for failure so to
22 notify the court;
23 (14) Be placed under direct supervision of the
24 Pretrial Services Agency, Probation Department or Court
25 Services Department in a pretrial bond home supervision
26 capacity with or without the use of an approved electronic

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1 monitoring device subject to Article 8A of Chapter V of
2 the Unified Code of Corrections;
3 (14.1) The court shall impose upon a defendant who is
4 charged with any alcohol, cannabis, methamphetamine, or
5 controlled substance violation and is placed under direct
6 supervision of the Pretrial Services Agency, Probation
7 Department or Court Services Department in a pretrial bond
8 home supervision capacity with the use of an approved
9 monitoring device, as a condition of such bail bond, a fee
10 that represents costs incidental to the electronic
11 monitoring for each day of such bail supervision ordered
12 by the court, unless after determining the inability of
13 the defendant to pay the fee, the court assesses a lesser
14 fee or no fee as the case may be. The fee shall be
15 collected by the clerk of the circuit court, except as
16 provided in an administrative order of the Chief Judge of
17 the circuit court. The clerk of the circuit court shall
18 pay all monies collected from this fee to the county
19 treasurer for deposit in the substance abuse services fund
20 under Section 5-1086.1 of the Counties Code, except as
21 provided in an administrative order of the Chief Judge of
22 the circuit court.
23 The Chief Judge of the circuit court of the county may
24 by administrative order establish a program for electronic
25 monitoring of offenders with regard to drug-related and
26 alcohol-related offenses, in which a vendor supplies and

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1 monitors the operation of the electronic monitoring
2 device, and collects the fees on behalf of the county. The
3 program shall include provisions for indigent offenders
4 and the collection of unpaid fees. The program shall not
5 unduly burden the offender and shall be subject to review
6 by the Chief Judge.
7 The Chief Judge of the circuit court may suspend any
8 additional charges or fees for late payment, interest, or
9 damage to any device;
10 (14.2) The court shall impose upon all defendants,
11 including those defendants subject to paragraph (14.1)
12 above, placed under direct supervision of the Pretrial
13 Services Agency, Probation Department or Court Services
14 Department in a pretrial bond home supervision capacity
15 with the use of an approved monitoring device, as a
16 condition of such bail bond, a fee which shall represent
17 costs incidental to such electronic monitoring for each
18 day of such bail supervision ordered by the court, unless
19 after determining the inability of the defendant to pay
20 the fee, the court assesses a lesser fee or no fee as the
21 case may be. The fee shall be collected by the clerk of the
22 circuit court, except as provided in an administrative
23 order of the Chief Judge of the circuit court. The clerk of
24 the circuit court shall pay all monies collected from this
25 fee to the county treasurer who shall use the monies
26 collected to defray the costs of corrections. The county

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1 treasurer shall deposit the fee collected in the county
2 working cash fund under Section 6-27001 or Section 6-29002
3 of the Counties Code, as the case may be, except as
4 provided in an administrative order of the Chief Judge of
5 the circuit court.
6 The Chief Judge of the circuit court of the county may
7 by administrative order establish a program for electronic
8 monitoring of offenders with regard to drug-related and
9 alcohol-related offenses, in which a vendor supplies and
10 monitors the operation of the electronic monitoring
11 device, and collects the fees on behalf of the county. The
12 program shall include provisions for indigent offenders
13 and the collection of unpaid fees. The program shall not
14 unduly burden the offender and shall be subject to review
15 by the Chief Judge.
16 The Chief Judge of the circuit court may suspend any
17 additional charges or fees for late payment, interest, or
18 damage to any device;
19 (14.3) The Chief Judge of the Judicial Circuit may
20 establish reasonable fees to be paid by a person receiving
21 pretrial services while under supervision of a pretrial
22 services agency, probation department, or court services
23 department. Reasonable fees may be charged for pretrial
24 services including, but not limited to, pretrial
25 supervision, diversion programs, electronic monitoring,
26 victim impact services, drug and alcohol testing, DNA

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1 testing, GPS electronic monitoring, assessments and
2 evaluations related to domestic violence and other
3 victims, and victim mediation services. The person
4 receiving pretrial services may be ordered to pay all
5 costs incidental to pretrial services in accordance with
6 his or her ability to pay those costs;
7 (14.4) For persons charged with violating Section
8 11-501 of the Illinois Vehicle Code, refrain from
9 operating a motor vehicle not equipped with an ignition
10 interlock device, as defined in Section 1-129.1 of the
11 Illinois Vehicle Code, pursuant to the rules promulgated
12 by the Secretary of State for the installation of ignition
13 interlock devices. Under this condition the court may
14 allow a defendant who is not self-employed to operate a
15 vehicle owned by the defendant's employer that is not
16 equipped with an ignition interlock device in the course
17 and scope of the defendant's employment;
18 (15) Comply with the terms and conditions of an order
19 of protection issued by the court under the Illinois
20 Domestic Violence Act of 1986 or an order of protection
21 issued by the court of another state, tribe, or United
22 States territory;
23 (16) Under Section 110-6.5 comply with the conditions
24 of the drug testing program; and
25 (17) Such other reasonable conditions as the court may
26 impose.

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1 (c) When a person is charged with an offense under Section
211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
312-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
4Criminal Code of 2012, involving a victim who is a minor under
518 years of age living in the same household with the defendant
6at the time of the offense, in granting bail or releasing the
7defendant on his own recognizance, the judge shall impose
8conditions to restrict the defendant's access to the victim
9which may include, but are not limited to conditions that he
10will:
11 1. Vacate the household.
12 2. Make payment of temporary support to his
13 dependents.
14 3. Refrain from contact or communication with the
15 child victim, except as ordered by the court.
16 (d) When a person is charged with a criminal offense and
17the victim is a family or household member as defined in
18Article 112A, conditions shall be imposed at the time of the
19defendant's release on bond that restrict the defendant's
20access to the victim. Unless provided otherwise by the court,
21the restrictions shall include requirements that the defendant
22do the following:
23 (1) refrain from contact or communication with the
24 victim for a minimum period of 72 hours following the
25 defendant's release; and
26 (2) refrain from entering or remaining at the victim's

HB1770- 188 -LRB102 11608 KMF 16942 b
1 residence for a minimum period of 72 hours following the
2 defendant's release.
3 (e) Local law enforcement agencies shall develop
4standardized bond forms for use in cases involving family or
5household members as defined in Article 112A, including
6specific conditions of bond as provided in subsection (d).
7Failure of any law enforcement department to develop or use
8those forms shall in no way limit the applicability and
9enforcement of subsections (d) and (f).
10 (f) If the defendant is admitted to bail after conviction
11the conditions of the bail bond shall be that he will, in
12addition to the conditions set forth in subsections (a) and
13(b) hereof:
14 (1) Duly prosecute his appeal;
15 (2) Appear at such time and place as the court may
16 direct;
17 (3) Not depart this State without leave of the court;
18 (4) Comply with such other reasonable conditions as
19 the court may impose; and
20 (5) If the judgment is affirmed or the cause reversed
21 and remanded for a new trial, forthwith surrender to the
22 officer from whose custody he was bailed.
23 (g) Upon a finding of guilty for any felony offense, the
24defendant shall physically surrender, at a time and place
25designated by the court, any and all firearms in his or her
26possession and his or her Firearm Owner's Identification Card

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1as a condition of remaining on bond pending sentencing.
2 (h) In the event the defendant is unable to post bond, the
3court may impose a no contact provision with the victim or
4other interested party that shall be enforced while the
5defendant remains in custody.
6(Source: P.A. 101-138, eff. 1-1-20.)
7 (725 ILCS 5/112A-11.1)
8 Sec. 112A-11.1. Procedure for determining whether certain
9misdemeanor crimes are crimes of domestic violence for
10purposes of federal law.
11 (a) When a defendant has been charged with a violation of
12Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
13Criminal Code of 1961 or the Criminal Code of 2012, the State
14may, at arraignment or no later than 45 days after
15arraignment, for the purpose of notification to the Department
16of State Police Firearm Owner's Identification Card Office,
17serve on the defendant and file with the court a notice
18alleging that conviction of the offense would subject the
19defendant to the prohibitions of 18 U.S.C. 922(g)(9) because
20of the relationship between the defendant and the alleged
21victim and the nature of the alleged offense.
22 (b) The notice shall include the name of the person
23alleged to be the victim of the crime and shall specify the
24nature of the alleged relationship as set forth in 18 U.S.C.
25921(a)(33)(A)(ii). It shall also specify the element of the

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1charged offense which requires the use or attempted use of
2physical force, or the threatened use of a deadly weapon, as
3set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
4notice that the defendant is entitled to a hearing on the
5allegation contained in the notice and that if the allegation
6is sustained, that determination and conviction shall be
7reported to the Department of State Police Firearm Owner's
8Identification Card Office.
9 (c) After having been notified as provided in subsection
10(b) of this Section, the defendant may stipulate or admit,
11orally on the record or in writing, that conviction of the
12offense would subject the defendant to the prohibitions of 18
13U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
14922(g)(9) shall be deemed established for purposes of Section
15112A-11.2. If the defendant denies the applicability of 18
16U.S.C. 922(g)(9) as alleged in the notice served by the State,
17or stands mute with respect to that allegation, then the State
18shall bear the burden to prove beyond a reasonable doubt that
19the offense is one to which the prohibitions of 18 U.S.C.
20922(g)(9) apply. The court may consider reliable hearsay
21evidence submitted by either party provided that it is
22relevant to the determination of the allegation. Facts
23previously proven at trial or elicited at the time of entry of
24a plea of guilty shall be deemed established beyond a
25reasonable doubt and shall not be relitigated. At the
26conclusion of the hearing, or upon a stipulation or admission,

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1as applicable, the court shall make a specific written
2determination with respect to the allegation.
3(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
4 (725 ILCS 5/112A-11.2)
5 Sec. 112A-11.2. Notification to the Department of State
6Police Firearm Owner's Identification Card Office of
7determinations in certain misdemeanor cases. Upon judgment of
8conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
912-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
10Code of 2012 when the defendant has been determined, under
11Section 112A-11.1, to be subject to the prohibitions of 18
12U.S.C. 922(g)(9), the circuit court clerk shall include
13notification and a copy of the written determination in a
14report of the conviction to the Department of State Police
15Firearm Owner's Identification Card Office to enable the
16office to report that determination to the Federal Bureau of
17Investigation and assist the Bureau in identifying persons
18prohibited from purchasing and possessing a firearm pursuant
19to the provisions of 18 U.S.C. 922.
20(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
21 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
22 Sec. 112A-14. Domestic violence order of protection;
23remedies.
24 (a) (Blank).

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1 (b) The court may order any of the remedies listed in this
2subsection (b). The remedies listed in this subsection (b)
3shall be in addition to other civil or criminal remedies
4available to petitioner.
5 (1) Prohibition of abuse. Prohibit respondent's
6 harassment, interference with personal liberty,
7 intimidation of a dependent, physical abuse, or willful
8 deprivation, as defined in this Article, if such abuse has
9 occurred or otherwise appears likely to occur if not
10 prohibited.
11 (2) Grant of exclusive possession of residence.
12 Prohibit respondent from entering or remaining in any
13 residence, household, or premises of the petitioner,
14 including one owned or leased by respondent, if petitioner
15 has a right to occupancy thereof. The grant of exclusive
16 possession of the residence, household, or premises shall
17 not affect title to real property, nor shall the court be
18 limited by the standard set forth in subsection (c-2) of
19 Section 501 of the Illinois Marriage and Dissolution of
20 Marriage Act.
21 (A) Right to occupancy. A party has a right to
22 occupancy of a residence or household if it is solely
23 or jointly owned or leased by that party, that party's
24 spouse, a person with a legal duty to support that
25 party or a minor child in that party's care, or by any
26 person or entity other than the opposing party that

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1 authorizes that party's occupancy (e.g., a domestic
2 violence shelter). Standards set forth in subparagraph
3 (B) shall not preclude equitable relief.
4 (B) Presumption of hardships. If petitioner and
5 respondent each has the right to occupancy of a
6 residence or household, the court shall balance (i)
7 the hardships to respondent and any minor child or
8 dependent adult in respondent's care resulting from
9 entry of this remedy with (ii) the hardships to
10 petitioner and any minor child or dependent adult in
11 petitioner's care resulting from continued exposure to
12 the risk of abuse (should petitioner remain at the
13 residence or household) or from loss of possession of
14 the residence or household (should petitioner leave to
15 avoid the risk of abuse). When determining the balance
16 of hardships, the court shall also take into account
17 the accessibility of the residence or household.
18 Hardships need not be balanced if respondent does not
19 have a right to occupancy.
20 The balance of hardships is presumed to favor
21 possession by petitioner unless the presumption is
22 rebutted by a preponderance of the evidence, showing
23 that the hardships to respondent substantially
24 outweigh the hardships to petitioner and any minor
25 child or dependent adult in petitioner's care. The
26 court, on the request of petitioner or on its own

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1 motion, may order respondent to provide suitable,
2 accessible, alternate housing for petitioner instead
3 of excluding respondent from a mutual residence or
4 household.
5 (3) Stay away order and additional prohibitions. Order
6 respondent to stay away from petitioner or any other
7 person protected by the domestic violence order of
8 protection, or prohibit respondent from entering or
9 remaining present at petitioner's school, place of
10 employment, or other specified places at times when
11 petitioner is present, or both, if reasonable, given the
12 balance of hardships. Hardships need not be balanced for
13 the court to enter a stay away order or prohibit entry if
14 respondent has no right to enter the premises.
15 (A) If a domestic violence order of protection
16 grants petitioner exclusive possession of the
17 residence, prohibits respondent from entering the
18 residence, or orders respondent to stay away from
19 petitioner or other protected persons, then the court
20 may allow respondent access to the residence to remove
21 items of clothing and personal adornment used
22 exclusively by respondent, medications, and other
23 items as the court directs. The right to access shall
24 be exercised on only one occasion as the court directs
25 and in the presence of an agreed-upon adult third
26 party or law enforcement officer.

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1 (B) When the petitioner and the respondent attend
2 the same public, private, or non-public elementary,
3 middle, or high school, the court when issuing a
4 domestic violence order of protection and providing
5 relief shall consider the severity of the act, any
6 continuing physical danger or emotional distress to
7 the petitioner, the educational rights guaranteed to
8 the petitioner and respondent under federal and State
9 law, the availability of a transfer of the respondent
10 to another school, a change of placement or a change of
11 program of the respondent, the expense, difficulty,
12 and educational disruption that would be caused by a
13 transfer of the respondent to another school, and any
14 other relevant facts of the case. The court may order
15 that the respondent not attend the public, private, or
16 non-public elementary, middle, or high school attended
17 by the petitioner, order that the respondent accept a
18 change of placement or change of program, as
19 determined by the school district or private or
20 non-public school, or place restrictions on the
21 respondent's movements within the school attended by
22 the petitioner. The respondent bears the burden of
23 proving by a preponderance of the evidence that a
24 transfer, change of placement, or change of program of
25 the respondent is not available. The respondent also
26 bears the burden of production with respect to the

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1 expense, difficulty, and educational disruption that
2 would be caused by a transfer of the respondent to
3 another school. A transfer, change of placement, or
4 change of program is not unavailable to the respondent
5 solely on the ground that the respondent does not
6 agree with the school district's or private or
7 non-public school's transfer, change of placement, or
8 change of program or solely on the ground that the
9 respondent fails or refuses to consent or otherwise
10 does not take an action required to effectuate a
11 transfer, change of placement, or change of program.
12 When a court orders a respondent to stay away from the
13 public, private, or non-public school attended by the
14 petitioner and the respondent requests a transfer to
15 another attendance center within the respondent's
16 school district or private or non-public school, the
17 school district or private or non-public school shall
18 have sole discretion to determine the attendance
19 center to which the respondent is transferred. If the
20 court order results in a transfer of the minor
21 respondent to another attendance center, a change in
22 the respondent's placement, or a change of the
23 respondent's program, the parents, guardian, or legal
24 custodian of the respondent is responsible for
25 transportation and other costs associated with the
26 transfer or change.

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

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1 or both of the following: (i) grant petitioner physical
2 care or possession of the minor child, or both, or (ii)
3 order respondent to return a minor child to, or not remove
4 a minor child from, the physical care of a parent or person
5 in loco parentis.
6 If the respondent is charged with abuse (as defined in
7 Section 112A-3 of this Code) of a minor child, there shall
8 be a rebuttable presumption that awarding physical care to
9 respondent would not be in the minor child's best
10 interest.
11 (6) Temporary allocation of parental responsibilities
12 and significant decision-making responsibilities. Award
13 temporary significant decision-making responsibility to
14 petitioner in accordance with this Section, the Illinois
15 Marriage and Dissolution of Marriage Act, the Illinois
16 Parentage Act of 2015, and this State's Uniform
17 Child-Custody Jurisdiction and Enforcement Act.
18 If the respondent is charged with abuse (as defined in
19 Section 112A-3 of this Code) of a minor child, there shall
20 be a rebuttable presumption that awarding temporary
21 significant decision-making responsibility to respondent
22 would not be in the child's best interest.
23 (7) Parenting time. Determine the parenting time, if
24 any, of respondent in any case in which the court awards
25 physical care or temporary significant decision-making
26 responsibility of a minor child to petitioner. The court

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1 shall restrict or deny respondent's parenting time with a
2 minor child if the court finds that respondent has done or
3 is likely to do any of the following:
4 (i) abuse or endanger the minor child during
5 parenting time;
6 (ii) use the parenting time as an opportunity to
7 abuse or harass petitioner or petitioner's family or
8 household members;
9 (iii) improperly conceal or detain the minor
10 child; or
11 (iv) otherwise act in a manner that is not in the
12 best interests of the minor child.
13 The court shall not be limited by the standards set
14 forth in Section 603.10 of the Illinois Marriage and
15 Dissolution of Marriage Act. If the court grants parenting
16 time, the order shall specify dates and times for the
17 parenting time to take place or other specific parameters
18 or conditions that are appropriate. No order for parenting
19 time shall refer merely to the term "reasonable parenting
20 time". Petitioner may deny respondent access to the minor
21 child if, when respondent arrives for parenting time,
22 respondent is under the influence of drugs or alcohol and
23 constitutes a threat to the safety and well-being of
24 petitioner or petitioner's minor children or is behaving
25 in a violent or abusive manner. If necessary to protect
26 any member of petitioner's family or household from future

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1 abuse, respondent shall be prohibited from coming to
2 petitioner's residence to meet the minor child for
3 parenting time, and the petitioner and respondent shall
4 submit to the court their recommendations for reasonable
5 alternative arrangements for parenting time. A person may
6 be approved to supervise parenting time only after filing
7 an affidavit accepting that responsibility and
8 acknowledging accountability to the court.
9 (8) Removal or concealment of minor child. Prohibit
10 respondent from removing a minor child from the State or
11 concealing the child within the State.
12 (9) Order to appear. Order the respondent to appear in
13 court, alone or with a minor child, to prevent abuse,
14 neglect, removal or concealment of the child, to return
15 the child to the custody or care of the petitioner, or to
16 permit any court-ordered interview or examination of the
17 child or the respondent.
18 (10) Possession of personal property. Grant petitioner
19 exclusive possession of personal property and, if
20 respondent has possession or control, direct respondent to
21 promptly make it available to petitioner, if:
22 (i) petitioner, but not respondent, owns the
23 property; or
24 (ii) the petitioner and respondent own the
25 property jointly; sharing it would risk abuse of
26 petitioner by respondent or is impracticable; and the

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

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1 now or hereafter amended.
2 The court may further prohibit respondent from
3 improperly using the financial or other resources of an
4 aged member of the family or household for the profit or
5 advantage of respondent or of any other person.
6 (11.5) Protection of animals. Grant the petitioner the
7 exclusive care, custody, or control of any animal owned,
8 possessed, leased, kept, or held by either the petitioner
9 or the respondent or a minor child residing in the
10 residence or household of either the petitioner or the
11 respondent and order the respondent to stay away from the
12 animal and forbid the respondent from taking,
13 transferring, encumbering, concealing, harming, or
14 otherwise disposing of the animal.
15 (12) Order for payment of support. Order respondent to
16 pay temporary support for the petitioner or any child in
17 the petitioner's care or over whom the petitioner has been
18 allocated parental responsibility, when the respondent has
19 a legal obligation to support that person, in accordance
20 with the Illinois Marriage and Dissolution of Marriage
21 Act, which shall govern, among other matters, the amount
22 of support, payment through the clerk and withholding of
23 income to secure payment. An order for child support may
24 be granted to a petitioner with lawful physical care of a
25 child, or an order or agreement for physical care of a
26 child, prior to entry of an order allocating significant

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1 decision-making responsibility. Such a support order shall
2 expire upon entry of a valid order allocating parental
3 responsibility differently and vacating petitioner's
4 significant decision-making responsibility unless
5 otherwise provided in the order.
6 (13) Order for payment of losses. Order respondent to
7 pay petitioner for losses suffered as a direct result of
8 the abuse. Such losses shall include, but not be limited
9 to, medical expenses, lost earnings or other support,
10 repair or replacement of property damaged or taken,
11 reasonable attorney's fees, court costs, and moving or
12 other travel expenses, including additional reasonable
13 expenses for temporary shelter and restaurant meals.
14 (i) Losses affecting family needs. If a party is
15 entitled to seek maintenance, child support, or
16 property distribution from the other party under the
17 Illinois Marriage and Dissolution of Marriage Act, as
18 now or hereafter amended, the court may order
19 respondent to reimburse petitioner's actual losses, to
20 the extent that such reimbursement would be
21 "appropriate temporary relief", as authorized by
22 subsection (a)(3) of Section 501 of that Act.
23 (ii) Recovery of expenses. In the case of an
24 improper concealment or removal of a minor child, the
25 court may order respondent to pay the reasonable
26 expenses incurred or to be incurred in the search for

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1 and recovery of the minor child, including, but not
2 limited to, legal fees, court costs, private
3 investigator fees, and travel costs.
4 (14) Prohibition of entry. Prohibit the respondent
5 from entering or remaining in the residence or household
6 while the respondent is under the influence of alcohol or
7 drugs and constitutes a threat to the safety and
8 well-being of the petitioner or the petitioner's children.
9 (14.5) Prohibition of firearm possession.
10 (A) A person who is subject to an existing
11 domestic violence order of protection issued under
12 this Code may not lawfully possess firearms, stun
13 guns, or tasers weapons under Section 8.2 of the
14 Firearm Owners Identification Card Act.
15 (B) Any firearms in the possession of the
16 respondent, except as provided in subparagraph (C) of
17 this paragraph (14.5), shall be ordered by the court
18 to be turned over to a person who is not prohibited
19 under State or federal law from possessing firearms
20 with a valid Firearm Owner's Identification Card for
21 safekeeping. The court shall issue an order that the
22 respondent's Firearm Owner's Identification Card be
23 turned over to the local law enforcement agency, which
24 in turn shall immediately mail the card to the
25 Department of State Police Firearm Owner's
26 Identification Card Office for safekeeping. The period

HB1770- 205 -LRB102 11608 KMF 16942 b
1 of safekeeping shall be for the duration of the
2 domestic violence order of protection. The firearm or
3 firearms and Firearm Owner's Identification Card, if
4 unexpired, shall at the respondent's request be
5 returned to the respondent at expiration of the
6 domestic violence order of protection.
7 (C) If the respondent is a peace officer as
8 defined in Section 2-13 of the Criminal Code of 2012,
9 the court shall order that any firearms used by the
10 respondent in the performance of his or her duties as a
11 peace officer be surrendered to the chief law
12 enforcement executive of the agency in which the
13 respondent is employed, who shall retain the firearms
14 for safekeeping for the duration of the domestic
15 violence order of protection.
16 (D) Upon expiration of the period of safekeeping,
17 if the firearms or Firearm Owner's Identification Card
18 cannot be returned to respondent because respondent
19 cannot be located, fails to respond to requests to
20 retrieve the firearms, or is not lawfully eligible to
21 possess a firearm, upon petition from the local law
22 enforcement agency, the court may order the local law
23 enforcement agency to destroy the firearms, use the
24 firearms for training purposes, or for any other
25 application as deemed appropriate by the local law
26 enforcement agency; or that the firearms be turned

HB1770- 206 -LRB102 11608 KMF 16942 b
1 over to a third party who is lawfully eligible to
2 possess firearms, and who does not reside with
3 respondent.
4 (15) Prohibition of access to records. If a domestic
5 violence order of protection prohibits respondent from
6 having contact with the minor child, or if petitioner's
7 address is omitted under subsection (b) of Section 112A-5
8 of this Code, or if necessary to prevent abuse or wrongful
9 removal or concealment of a minor child, the order shall
10 deny respondent access to, and prohibit respondent from
11 inspecting, obtaining, or attempting to inspect or obtain,
12 school or any other records of the minor child who is in
13 the care of petitioner.
14 (16) Order for payment of shelter services. Order
15 respondent to reimburse a shelter providing temporary
16 housing and counseling services to the petitioner for the
17 cost of the services, as certified by the shelter and
18 deemed reasonable by the court.
19 (17) Order for injunctive relief. Enter injunctive
20 relief necessary or appropriate to prevent further abuse
21 of a family or household member or to effectuate one of the
22 granted remedies, if supported by the balance of
23 hardships. If the harm to be prevented by the injunction
24 is abuse or any other harm that one of the remedies listed
25 in paragraphs (1) through (16) of this subsection is
26 designed to prevent, no further evidence is necessary to

HB1770- 207 -LRB102 11608 KMF 16942 b
1 establish that the harm is an irreparable injury.
2 (18) Telephone services.
3 (A) Unless a condition described in subparagraph
4 (B) of this paragraph exists, the court may, upon
5 request by the petitioner, order a wireless telephone
6 service provider to transfer to the petitioner the
7 right to continue to use a telephone number or numbers
8 indicated by the petitioner and the financial
9 responsibility associated with the number or numbers,
10 as set forth in subparagraph (C) of this paragraph. In
11 this paragraph (18), the term "wireless telephone
12 service provider" means a provider of commercial
13 mobile service as defined in 47 U.S.C. 332. The
14 petitioner may request the transfer of each telephone
15 number that the petitioner, or a minor child in his or
16 her custody, uses. The clerk of the court shall serve
17 the order on the wireless telephone service provider's
18 agent for service of process provided to the Illinois
19 Commerce Commission. The order shall contain all of
20 the following:
21 (i) The name and billing telephone number of
22 the account holder including the name of the
23 wireless telephone service provider that serves
24 the account.
25 (ii) Each telephone number that will be
26 transferred.

HB1770- 208 -LRB102 11608 KMF 16942 b
1 (iii) A statement that the provider transfers
2 to the petitioner all financial responsibility for
3 and right to the use of any telephone number
4 transferred under this paragraph.
5 (B) A wireless telephone service provider shall
6 terminate the respondent's use of, and shall transfer
7 to the petitioner use of, the telephone number or
8 numbers indicated in subparagraph (A) of this
9 paragraph unless it notifies the petitioner, within 72
10 hours after it receives the order, that one of the
11 following applies:
12 (i) The account holder named in the order has
13 terminated the account.
14 (ii) A difference in network technology would
15 prevent or impair the functionality of a device on
16 a network if the transfer occurs.
17 (iii) The transfer would cause a geographic or
18 other limitation on network or service provision
19 to the petitioner.
20 (iv) Another technological or operational
21 issue would prevent or impair the use of the
22 telephone number if the transfer occurs.
23 (C) The petitioner assumes all financial
24 responsibility for and right to the use of any
25 telephone number transferred under this paragraph. In
26 this paragraph, "financial responsibility" includes

HB1770- 209 -LRB102 11608 KMF 16942 b
1 monthly service costs and costs associated with any
2 mobile device associated with the number.
3 (D) A wireless telephone service provider may
4 apply to the petitioner its routine and customary
5 requirements for establishing an account or
6 transferring a number, including requiring the
7 petitioner to provide proof of identification,
8 financial information, and customer preferences.
9 (E) Except for willful or wanton misconduct, a
10 wireless telephone service provider is immune from
11 civil liability for its actions taken in compliance
12 with a court order issued under this paragraph.
13 (F) All wireless service providers that provide
14 services to residential customers shall provide to the
15 Illinois Commerce Commission the name and address of
16 an agent for service of orders entered under this
17 paragraph (18). Any change in status of the registered
18 agent must be reported to the Illinois Commerce
19 Commission within 30 days of such change.
20 (G) The Illinois Commerce Commission shall
21 maintain the list of registered agents for service for
22 each wireless telephone service provider on the
23 Commission's website. The Commission may consult with
24 wireless telephone service providers and the Circuit
25 Court Clerks on the manner in which this information
26 is provided and displayed.

HB1770- 210 -LRB102 11608 KMF 16942 b
1 (c) Relevant factors; findings.
2 (1) In determining whether to grant a specific remedy,
3 other than payment of support, the court shall consider
4 relevant factors, including, but not limited to, the
5 following:
6 (i) the nature, frequency, severity, pattern, and
7 consequences of the respondent's past abuse of the
8 petitioner or any family or household member,
9 including the concealment of his or her location in
10 order to evade service of process or notice, and the
11 likelihood of danger of future abuse to petitioner or
12 any member of petitioner's or respondent's family or
13 household; and
14 (ii) the danger that any minor child will be
15 abused or neglected or improperly relocated from the
16 jurisdiction, improperly concealed within the State,
17 or improperly separated from the child's primary
18 caretaker.
19 (2) In comparing relative hardships resulting to the
20 parties from loss of possession of the family home, the
21 court shall consider relevant factors, including, but not
22 limited to, the following:
23 (i) availability, accessibility, cost, safety,
24 adequacy, location, and other characteristics of
25 alternate housing for each party and any minor child
26 or dependent adult in the party's care;

HB1770- 211 -LRB102 11608 KMF 16942 b
1 (ii) the effect on the party's employment; and
2 (iii) the effect on the relationship of the party,
3 and any minor child or dependent adult in the party's
4 care, to family, school, church, and community.
5 (3) Subject to the exceptions set forth in paragraph
6 (4) of this subsection (c), the court shall make its
7 findings in an official record or in writing, and shall at
8 a minimum set forth the following:
9 (i) That the court has considered the applicable
10 relevant factors described in paragraphs (1) and (2)
11 of this subsection (c).
12 (ii) Whether the conduct or actions of respondent,
13 unless prohibited, will likely cause irreparable harm
14 or continued abuse.
15 (iii) Whether it is necessary to grant the
16 requested relief in order to protect petitioner or
17 other alleged abused persons.
18 (4) (Blank).
19 (5) Never married parties. No rights or
20 responsibilities for a minor child born outside of
21 marriage attach to a putative father until a father and
22 child relationship has been established under the Illinois
23 Parentage Act of 1984, the Illinois Parentage Act of 2015,
24 the Illinois Public Aid Code, Section 12 of the Vital
25 Records Act, the Juvenile Court Act of 1987, the Probate
26 Act of 1975, the Uniform Interstate Family Support Act,

HB1770- 212 -LRB102 11608 KMF 16942 b
1 the Expedited Child Support Act of 1990, any judicial,
2 administrative, or other act of another state or
3 territory, any other statute of this State, or by any
4 foreign nation establishing the father and child
5 relationship, any other proceeding substantially in
6 conformity with the federal Personal Responsibility and
7 Work Opportunity Reconciliation Act of 1996, or when both
8 parties appeared in open court or at an administrative
9 hearing acknowledging under oath or admitting by
10 affirmation the existence of a father and child
11 relationship. Absent such an adjudication, no putative
12 father shall be granted temporary allocation of parental
13 responsibilities, including parenting time with the minor
14 child, or physical care and possession of the minor child,
15 nor shall an order of payment for support of the minor
16 child be entered.
17 (d) Balance of hardships; findings. If the court finds
18that the balance of hardships does not support the granting of
19a remedy governed by paragraph (2), (3), (10), (11), or (16) of
20subsection (b) of this Section, which may require such
21balancing, the court's findings shall so indicate and shall
22include a finding as to whether granting the remedy will
23result in hardship to respondent that would substantially
24outweigh the hardship to petitioner from denial of the remedy.
25The findings shall be an official record or in writing.
26 (e) Denial of remedies. Denial of any remedy shall not be

HB1770- 213 -LRB102 11608 KMF 16942 b
1based, in whole or in part, on evidence that:
2 (1) respondent has cause for any use of force, unless
3 that cause satisfies the standards for justifiable use of
4 force provided by Article 7 of the Criminal Code of 2012;
5 (2) respondent was voluntarily intoxicated;
6 (3) petitioner acted in self-defense or defense of
7 another, provided that, if petitioner utilized force, such
8 force was justifiable under Article 7 of the Criminal Code
9 of 2012;
10 (4) petitioner did not act in self-defense or defense
11 of another;
12 (5) petitioner left the residence or household to
13 avoid further abuse by respondent;
14 (6) petitioner did not leave the residence or
15 household to avoid further abuse by respondent; or
16 (7) conduct by any family or household member excused
17 the abuse by respondent, unless that same conduct would
18 have excused such abuse if the parties had not been family
19 or household members.
20(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18;
21100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff.
221-1-19; 101-81, eff. 7-12-19.)
23 (725 ILCS 5/112A-14.7)
24 Sec. 112A-14.7. Stalking no contact order; remedies.
25 (a) The court may order any of the remedies listed in this

HB1770- 214 -LRB102 11608 KMF 16942 b
1Section. The remedies listed in this Section shall be in
2addition to other civil or criminal remedies available to
3petitioner. A stalking no contact order shall order one or
4more of the following:
5 (1) prohibit the respondent from threatening to commit
6 or committing stalking;
7 (2) order the respondent not to have any contact with
8 the petitioner or a third person specifically named by the
9 court;
10 (3) prohibit the respondent from knowingly coming
11 within, or knowingly remaining within a specified distance
12 of the petitioner or the petitioner's residence, school,
13 daycare, or place of employment, or any specified place
14 frequented by the petitioner; however, the court may order
15 the respondent to stay away from the respondent's own
16 residence, school, or place of employment only if the
17 respondent has been provided actual notice of the
18 opportunity to appear and be heard on the petition;
19 (4) prohibit the respondent from possessing a Firearm
20 Owners Identification Card, or possessing or buying
21 firearms; and
22 (5) order other injunctive relief the court determines
23 to be necessary to protect the petitioner or third party
24 specifically named by the court.
25 (b) When the petitioner and the respondent attend the same
26public, private, or non-public elementary, middle, or high

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1school, the court when issuing a stalking no contact order and
2providing relief shall consider the severity of the act, any
3continuing physical danger or emotional distress to the
4petitioner, the educational rights guaranteed to the
5petitioner and respondent under federal and State law, the
6availability of a transfer of the respondent to another
7school, a change of placement or a change of program of the
8respondent, the expense, difficulty, and educational
9disruption that would be caused by a transfer of the
10respondent to another school, and any other relevant facts of
11the case. The court may order that the respondent not attend
12the public, private, or non-public elementary, middle, or high
13school attended by the petitioner, order that the respondent
14accept a change of placement or program, as determined by the
15school district or private or non-public school, or place
16restrictions on the respondent's movements within the school
17attended by the petitioner. The respondent bears the burden of
18proving by a preponderance of the evidence that a transfer,
19change of placement, or change of program of the respondent is
20not available. The respondent also bears the burden of
21production with respect to the expense, difficulty, and
22educational disruption that would be caused by a transfer of
23the respondent to another school. A transfer, change of
24placement, or change of program is not unavailable to the
25respondent solely on the ground that the respondent does not
26agree with the school district's or private or non-public

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

HB1770- 217 -LRB102 11608 KMF 16942 b
1or non-public school or any of its employees in civil or
2criminal contempt unless the school district or private or
3non-public school has been allowed to intervene.
4 (e) The court may hold the parents, guardian, or legal
5custodian of a minor respondent in civil or criminal contempt
6for a violation of any provision of any order entered under
7this Article for conduct of the minor respondent in violation
8of this Article if the parents, guardian, or legal custodian
9directed, encouraged, or assisted the respondent minor in the
10conduct.
11 (f) Monetary damages are not recoverable as a remedy.
12 (g) 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
17Department of State Police Firearm Owner's Identification Card
18Office.
19(Source: P.A. 100-199, eff. 1-1-18.)
20 Section 95. The Unified Code of Corrections is amended by
21changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as
22follows:
23 (730 ILCS 5/5-4.5-110)
24 (Section scheduled to be repealed on January 1, 2023)

HB1770- 218 -LRB102 11608 KMF 16942 b
1 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
2PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
3 (a) DEFINITIONS. For the purposes of this Section:
4 "Firearm" has the meaning ascribed to it in Section
5 2-7.5 of the Criminal Code of 2012 Section 1.1 of the
6 Firearm Owners Identification Card Act.
7 "Qualifying predicate offense" means the following
8 offenses under the Criminal Code of 2012:
9 (A) aggravated unlawful use of a weapon under
10 Section 24-1.6 or similar offense under the Criminal
11 Code of 1961, when the weapon is a firearm;
12 (B) unlawful use or possession of a weapon by a
13 felon under Section 24-1.1 or similar offense under
14 the Criminal Code of 1961, when the weapon is a
15 firearm;
16 (C) first degree murder under Section 9-1 or
17 similar offense under the Criminal Code of 1961;
18 (D) attempted first degree murder with a firearm
19 or similar offense under the Criminal Code of 1961;
20 (E) aggravated kidnapping with a firearm under
21 paragraph (6) or (7) of subsection (a) of Section 10-2
22 or similar offense under the Criminal Code of 1961;
23 (F) aggravated battery with a firearm under
24 subsection (e) of Section 12-3.05 or similar offense
25 under the Criminal Code of 1961;
26 (G) aggravated criminal sexual assault under

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1 Section 11-1.30 or similar offense under the Criminal
2 Code of 1961;
3 (H) predatory criminal sexual assault of a child
4 under Section 11-1.40 or similar offense under the
5 Criminal Code of 1961;
6 (I) armed robbery under Section 18-2 or similar
7 offense under the Criminal Code of 1961;
8 (J) vehicular hijacking under Section 18-3 or
9 similar offense under the Criminal Code of 1961;
10 (K) aggravated vehicular hijacking under Section
11 18-4 or similar offense under the Criminal Code of
12 1961;
13 (L) home invasion with a firearm under paragraph
14 (3), (4), or (5) of subsection (a) of Section 19-6 or
15 similar offense under the Criminal Code of 1961;
16 (M) aggravated discharge of a firearm under
17 Section 24-1.2 or similar offense under the Criminal
18 Code of 1961;
19 (N) aggravated discharge of a machine gun or a
20 firearm equipped with a device designed or used for
21 silencing the report of a firearm under Section
22 24-1.2-5 or similar offense under the Criminal Code of
23 1961;
24 (0) unlawful use of firearm projectiles under
25 Section 24-2.1 or similar offense under the Criminal
26 Code of 1961;

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

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1 (X) gunrunning under Section 24-3A or similar
2 offense under the Criminal Code of 1961;
3 (Y) defacing identification marks of firearms
4 under Section 24-5 or similar offense under the
5 Criminal Code of 1961; and
6 (Z) armed violence under Section 33A-2 or similar
7 offense under the Criminal Code of 1961.
8 (b) APPLICABILITY. For an offense committed on or after
9January 1, 2018 ( the effective date of Public Act 100-3) this
10amendatory Act of the 100th General Assembly and before
11January 1, 2023, when a person is convicted of unlawful use or
12possession of a weapon by a felon, when the weapon is a
13firearm, or aggravated unlawful use of a weapon, when the
14weapon is a firearm, after being previously convicted of a
15qualifying predicate offense the person shall be subject to
16the sentencing guidelines under this Section.
17 (c) SENTENCING GUIDELINES.
18 (1) When a person is convicted of unlawful use or
19 possession of a weapon by a felon, when the weapon is a
20 firearm, and that person has been previously convicted of
21 a qualifying predicate offense, the person shall be
22 sentenced to a term of imprisonment within the sentencing
23 range of not less than 7 years and not more than 14 years,
24 unless the court finds that a departure from the
25 sentencing guidelines under this paragraph is warranted
26 under subsection (d) of this Section.

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1 (2) When a person is convicted of aggravated unlawful
2 use of a weapon, when the weapon is a firearm, and that
3 person has been previously convicted of a qualifying
4 predicate offense, the person shall be sentenced to a term
5 of imprisonment within the sentencing range of not less
6 than 6 years and not more than 7 years, unless the court
7 finds that a departure from the sentencing guidelines
8 under this paragraph is warranted under subsection (d) of
9 this Section.
10 (3) The sentencing guidelines in paragraphs (1) and
11 (2) of this subsection (c) apply only to offenses
12 committed on and after January 1, 2018 ( the effective
13 date Public Act 100-3) of this amendatory Act of the 100th
14 General Assembly and before January 1, 2023.
15 (d) DEPARTURE FROM SENTENCING GUIDELINES.
16 (1) At the sentencing hearing conducted under Section
17 5-4-1 of this Code, the court may depart from the
18 sentencing guidelines provided in subsection (c) of this
19 Section and impose a sentence otherwise authorized by law
20 for the offense if the court, after considering any factor
21 under paragraph (2) of this subsection (d) relevant to the
22 nature and circumstances of the crime and to the history
23 and character of the defendant, finds on the record
24 substantial and compelling justification that the sentence
25 within the sentencing guidelines would be unduly harsh and
26 that a sentence otherwise authorized by law would be

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1 consistent with public safety and does not deprecate the
2 seriousness of the offense.
3 (2) In deciding whether to depart from the sentencing
4 guidelines under this paragraph, the court shall consider:
5 (A) the age, immaturity, or limited mental
6 capacity of the defendant at the time of commission of
7 the qualifying predicate or current offense, including
8 whether the defendant was suffering from a mental or
9 physical condition insufficient to constitute a
10 defense but significantly reduced the defendant's
11 culpability;
12 (B) the nature and circumstances of the qualifying
13 predicate offense;
14 (C) the time elapsed since the qualifying
15 predicate offense;
16 (D) the nature and circumstances of the current
17 offense;
18 (E) the defendant's prior criminal history;
19 (F) whether the defendant committed the qualifying
20 predicate or current offense under specific and
21 credible duress, coercion, threat, or compulsion;
22 (G) whether the defendant aided in the
23 apprehension of another felon or testified truthfully
24 on behalf of another prosecution of a felony; and
25 (H) whether departure is in the interest of the
26 person's rehabilitation, including employment or

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1 educational or vocational training, after taking into
2 account any past rehabilitation efforts or
3 dispositions of probation or supervision, and the
4 defendant's cooperation or response to rehabilitation.
5 (3) When departing from the sentencing guidelines
6 under this Section, the court shall specify on the record,
7 the particular evidence, information, factor or factors,
8 or other reasons which led to the departure from the
9 sentencing guidelines. When departing from the sentencing
10 range in accordance with this subsection (d), the court
11 shall indicate on the sentencing order which departure
12 factor or factors outlined in paragraph (2) of this
13 subsection (d) led to the sentence imposed. The sentencing
14 order shall be filed with the clerk of the court and shall
15 be a public record.
16 (e) This Section is repealed on January 1, 2023.
17(Source: P.A. 100-3, eff. 1-1-18.)
18 (730 ILCS 5/5-5-3)
19 Sec. 5-5-3. Disposition.
20 (a) (Blank).
21 (b) (Blank).
22 (c) (1) (Blank).
23 (2) A period of probation, a term of periodic imprisonment
24or conditional discharge shall not be imposed for the
25following offenses. The court shall sentence the offender to

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

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

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1 paragraph, "organized gang" means an association of 5 or
2 more persons, with an established hierarchy, that
3 encourages members of the association to perpetrate crimes
4 or provides support to the members of the association who
5 do commit crimes.
6 Beginning July 1, 1994, for the purposes of this
7 paragraph, "organized gang" has the meaning ascribed to it
8 in Section 10 of the Illinois Streetgang Terrorism Omnibus
9 Prevention Act.
10 (K) Vehicular hijacking.
11 (L) A second or subsequent conviction for the offense
12 of hate crime when the underlying offense upon which the
13 hate crime is based is felony aggravated assault or felony
14 mob action.
15 (M) A second or subsequent conviction for the offense
16 of institutional vandalism if the damage to the property
17 exceeds $300.
18 (N) A Class 3 felony violation of paragraph (1) of
19 subsection (a) of Section 2 of the Firearm Owners
20 Identification Card Act committed before the effective
21 date of this amendatory Act of the 102nd General Assembly.
22 (O) A violation of Section 12-6.1 or 12-6.5 of the
23 Criminal Code of 1961 or the Criminal Code of 2012.
24 (P) A violation of paragraph (1), (2), (3), (4), (5),
25 or (7) of subsection (a) of Section 11-20.1 of the
26 Criminal Code of 1961 or the Criminal Code of 2012.

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

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

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1 (EE) A conviction for a violation of paragraph (2) of
2 subsection (a) of Section 24-3B of the Criminal Code of
3 2012.
4 (3) (Blank).
5 (4) A minimum term of imprisonment of not less than 10
6consecutive days or 30 days of community service shall be
7imposed for a violation of paragraph (c) of Section 6-303 of
8the Illinois Vehicle Code.
9 (4.1) (Blank).
10 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
11this subsection (c), a minimum of 100 hours of community
12service shall be imposed for a second violation of Section
136-303 of the Illinois Vehicle Code.
14 (4.3) A minimum term of imprisonment of 30 days or 300
15hours of community service, as determined by the court, shall
16be imposed for a second violation of subsection (c) of Section
176-303 of the Illinois Vehicle Code.
18 (4.4) Except as provided in paragraphs (4.5), (4.6), and
19(4.9) of this subsection (c), a minimum term of imprisonment
20of 30 days or 300 hours of community service, as determined by
21the court, shall be imposed for a third or subsequent
22violation of Section 6-303 of the Illinois Vehicle Code. The
23court may give credit toward the fulfillment of community
24service hours for participation in activities and treatment as
25determined by court services.
26 (4.5) A minimum term of imprisonment of 30 days shall be

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

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1of subsection (a-5) of Section 6-303 of the Illinois Vehicle
2Code, as provided in subsection (d-3.5) of that Section. The
3person's driving privileges shall be revoked for the remainder
4of his or her life.
5 (5) The court may sentence a corporation or unincorporated
6association convicted of any offense to:
7 (A) a period of conditional discharge;
8 (B) a fine;
9 (C) make restitution to the victim under Section 5-5-6
10 of this Code.
11 (5.1) In addition to any other penalties imposed, and
12except as provided in paragraph (5.2) or (5.3), a person
13convicted of violating subsection (c) of Section 11-907 of the
14Illinois Vehicle Code shall have his or her driver's license,
15permit, or privileges suspended for at least 90 days but not
16more than one year, if the violation resulted in damage to the
17property of another person.
18 (5.2) In addition to any other penalties imposed, and
19except as provided in paragraph (5.3), a person convicted of
20violating subsection (c) of Section 11-907 of the Illinois
21Vehicle Code shall have his or her driver's license, permit,
22or privileges suspended for at least 180 days but not more than
232 years, if the violation resulted in injury to another
24person.
25 (5.3) In addition to any other penalties imposed, a person
26convicted of violating subsection (c) of Section 11-907 of the
<

HB1770- 233 -LRB102 11608 KMF 16942 b
1Illinois Vehicle Code shall have his or her driver's license,
2permit, or privileges suspended for 2 years, if the violation
3resulted in the death of another person.
4 (5.4) In addition to any other penalties imposed, a person
5convicted of violating Section 3-707 of the Illinois Vehicle
6Code shall have his or her driver's license, permit, or