101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4067

Introduced , by Rep. John M. Cabello

SYNOPSIS AS INTRODUCED:
See Index

Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective January 1, 2021.
LRB101 15932 RLC 65292 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB4067LRB101 15932 RLC 65292 b
1 AN ACT concerning firearms.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The 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 exempt
9from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other records
19 prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating

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1 to known or suspected cases of sexually transmissible
2 disease or any information the disclosure of which is
3 restricted under the Illinois Sexually Transmissible
4 Disease Control Act.
5 (e) Information the disclosure of which is exempted
6 under Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of
8 the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (g) Information the disclosure of which is restricted
11 and exempted under Section 50 of the Illinois Prepaid
12 Tuition Act.
13 (h) Information the disclosure of which is exempted
14 under the State Officials and Employees Ethics Act, and
15 records of any lawfully created State or local inspector
16 general's office that would be exempt if created or
17 obtained by an Executive Inspector General's office under
18 that Act.
19 (i) Information contained in a local emergency energy
20 plan submitted to a municipality in accordance with a local
21 emergency energy plan ordinance that is adopted under
22 Section 11-21.5-5 of the Illinois Municipal Code.
23 (j) Information and data concerning the distribution
24 of surcharge moneys collected and remitted by 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 Capital
15 Crimes Litigation Act. This subsection (n) shall apply
16 until the conclusion of the trial of the case, even if the
17 prosecution chooses not to pursue the death penalty prior
18 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 in,
11 stored in, submitted to, transferred by, or released from
12 the Illinois Health Information Exchange, and identified
13 or deidentified health information in the form of health
14 data and medical records of the Illinois Health Information
15 Exchange in the possession of the Illinois Health
16 Information Exchange Authority due to its administration
17 of the Illinois Health Information Exchange. The terms
18 "identified" and "deidentified" shall be given the same
19 meaning as in the Health Insurance Portability and
20 Accountability Act of 1996, Public Law 104-191, or any
21 subsequent amendments thereto, and any regulations
22 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 101st 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 under
9 the Firearm Concealed Carry Act, and law enforcement agency
10 objections under the Firearm Concealed Carry Act.
11 (w) Personally identifiable information which is
12 exempted from disclosure under subsection (g) of Section
13 19.1 of the Toll Highway Act.
14 (x) Information which is exempted from disclosure
15 under Section 5-1014.3 of the Counties Code or Section
16 8-11-21 of the Illinois Municipal Code.
17 (y) Confidential information under the Adult
18 Protective Services Act and its predecessor enabling
19 statute, the Elder Abuse and Neglect Act, including
20 information about the identity and administrative finding
21 against any caregiver of a verified and substantiated
22 decision of abuse, neglect, or financial exploitation of an
23 eligible adult maintained in the Registry established
24 under Section 7.5 of the Adult Protective Services Act.
25 (z) Records and information provided to a fatality
26 review team or the Illinois Fatality Review Team Advisory

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1 Council under Section 15 of the Adult Protective Services
2 Act.
3 (aa) Information which is exempted from disclosure
4 under Section 2.37 of the Wildlife Code.
5 (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 and

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1 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 prohibited
15 from disclosure under the First Responders Suicide
16 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) (oo) Information and records held by the
22 Department of Public Health and its authorized
23 representatives collected under the Reproductive Health
24 Act.
25 (rr) (oo) Information that is exempt from disclosure
26 under the Cannabis Regulation and Tax Act.

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1 (ss) (oo) Data reported by an employer to the
2 Department of Human Rights pursuant to Section 2-108 of the
3 Illinois Human Rights Act.
4 (tt) (oo) Recordings made under the Children's
5 Advocacy Center Act, except to the extent authorized under
6 that Act.
7 (uu) (oo) Information that is exempt from disclosure
8 under Section 50 of the Sexual Assault Evidence Submission
9 Act.
10 (vv) (oo) Information that is exempt from disclosure
11 under subsections (f) and (j) of Section 5-36 of the
12 Illinois Public Aid Code.
13 (ww) (oo) Information that is exempt from disclosure
14 under Section 16.8 of the State Treasurer Act.
15(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
16100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
178-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
18eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
19100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
206-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
21eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
22101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
231-1-20; revised 9-25-19.)
24 Section 10. The Department of State Police Law of the Civil
25Administrative Code of Illinois is amended by changing Sections

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12605-45, 2605-300, and 2605-595 as follows:
2 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
3 Sec. 2605-45. Division of Justice Services. The Division of
4Justice Services shall exercise the following functions:
5 (1) (Blank).
6 (2) Pursue research and the publication of studies
7 pertaining to local law enforcement activities.
8 (3) (Blank).
9 (4) Operate an electronic data processing and computer
10 center for the storage and retrieval of data pertaining to
11 criminal activity.
12 (5) Exercise the rights, powers, and duties vested in
13 the former Division of State Troopers by Section 17 of the
14 State Police Act.
15 (6) (Blank).
16 (6.5) (Blank). Exercise the rights, powers, and duties
17 vested in the Department by the Firearm Owners
18 Identification Card Act.
19 (7) Exercise other duties that may be assigned by the
20 Director to fulfill the responsibilities and achieve the
21 purposes of the Department.
22 (8) Exercise the rights, powers, and duties vested by
23 law in the Department by the Criminal Identification Act.
24(Source: P.A. 101-378, eff. 1-1-20.)

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1 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
2 Sec. 2605-300. Records; crime laboratories; personnel. To
3do the following:
4 (1) Be a central repository and custodian of criminal
5 statistics for the State.
6 (2) Be a central repository for criminal history record
7 information.
8 (3) Procure and file for record information that is
9 necessary and helpful to plan programs of crime prevention,
10 law enforcement, and criminal justice.
11 (4) Procure and file for record copies of fingerprints
12 that may be required by law.
13 (5) Establish general and field crime laboratories.
14 (6) Register and file for record information that may
15 be required by law for the issuance of firearm owner's
16 identification cards under the Firearm Owners
17 Identification Card Act and concealed carry licenses under
18 the Firearm Concealed Carry Act.
19 (7) Employ laboratory technicians and other specially
20 qualified persons to aid in the identification of criminal
21 activity, and may employ polygraph operators.
22 (8) Undertake other identification, information,
23 laboratory, statistical, or registration activities that
24 may be required by law.
25(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)

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1 (20 ILCS 2605/2605-595)
2 Sec. 2605-595. State Police Firearm Services Fund.
3 (a) There is created in the State treasury a special fund
4known as the State Police Firearm Services Fund. The Fund shall
5receive revenue under the Firearm Concealed Carry Act and
6Section 5 of the Firearm Owners Identification Card Act. The
7Fund may also receive revenue from grants, pass-through grants,
8donations, appropriations, and any other legal source.
9 (b) The Department of State Police may use moneys in the
10Fund to finance any of its lawful purposes, mandates,
11functions, and duties under the Firearm Owners Identification
12Card Act and the Firearm Concealed Carry Act, including the
13cost of sending notices of expiration of Firearm Owner's
14Identification Cards, concealed carry licenses, the prompt and
15efficient processing of applications under the Firearm Owners
16Identification Card Act and the Firearm Concealed Carry Act,
17the improved efficiency and reporting of the LEADS and federal
18NICS law enforcement data systems, and support for
19investigations required under that Act these Acts and law. Any
20surplus funds beyond what is needed to comply with the
21aforementioned purposes shall be used by the Department to
22improve the Law Enforcement Agencies Data System (LEADS) and
23criminal history background check system.
24 (c) Investment income that is attributable to the
25investment of moneys in the Fund shall be retained in the Fund
26for the uses specified in this Section.

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1(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
2 (20 ILCS 2605/2605-120 rep.)
3 Section 15. The Department of State Police Law of the Civil
4Administrative Code of Illinois is amended by repealing Section
52605-120.
6 Section 20. The Criminal Identification Act is amended by
7changing Section 2.2 as follows:
8 (20 ILCS 2630/2.2)
9 Sec. 2.2. Notification to the Department. Upon judgment of
10conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
1112-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
12Code of 2012 when the defendant has been determined, pursuant
13to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
14to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the
15circuit court clerk shall include notification and a copy of
16the written determination in a report of the conviction to the
17Department of State Police Firearm Owner's Identification Card
18Office to enable the Illinois State Police office to perform
19its duties under the Firearm Concealed Carry Act and Sections 4
20and 8 of the Firearm Owners Identification Card Act and to
21report that determination to the Federal Bureau of
22Investigation to assist the Federal Bureau of Investigation in
23identifying persons prohibited from purchasing and possessing

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1a firearm pursuant to the provisions of 18 U.S.C. 922. The
2written determination described in this Section shall be
3included in the defendant's record of arrest and conviction in
4the manner and form prescribed by the Department of State
5Police.
6(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
7 Section 25. The State Finance Act is amended by changing
8Section 6z-99 as follows:
9 (30 ILCS 105/6z-99)
10 Sec. 6z-99. The Mental Health Reporting Fund.
11 (a) There is created in the State treasury a special fund
12known as the Mental Health Reporting Fund. The Fund shall
13receive revenue under the Firearm Concealed Carry Act. The Fund
14may also receive revenue from grants, pass-through grants,
15donations, appropriations, and any other legal source.
16 (b) The Department of State Police and Department of Human
17Services shall coordinate to use moneys in the Fund to finance
18their respective duties of collecting and reporting data on
19mental health records and ensuring that mental health firearm
20possession prohibitors are enforced as set forth under the
21Firearm Concealed Carry Act and the Firearm Owners
22Identification Card Act. Any surplus in the Fund beyond what is
23necessary to ensure compliance with mental health reporting
24under that Act these Acts shall be used by the Department of

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1Human Services for mental health treatment programs.
2 (c) Investment income that is attributable to the
3investment of moneys in the Fund shall be retained in the Fund
4for the uses specified in this Section.
5(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
6 Section 30. The Peace Officer Firearm Training Act is
7amended by changing Section 1 as follows:
8 (50 ILCS 710/1) (from Ch. 85, par. 515)
9 Sec. 1. Definitions. As used in this Act:
10 (a) "Peace officer" means (i) any person who by virtue of
11his office or public employment is vested by law with a primary
12duty to maintain public order or to make arrests for offenses,
13whether that duty extends to all offenses or is limited to
14specific offenses, and who is employed in such capacity by any
15county or municipality or (ii) any retired law enforcement
16officers qualified under federal law to carry a concealed
17weapon.
18 (a-5) "Probation officer" means a county probation officer
19authorized by the Chief Judge of the Circuit Court to carry a
20firearm as part of his or her duties under Section 12 of the
21Probation and Probation Officers Act and Section 24-2 of the
22Criminal Code of 2012.
23 (b) "Firearms" means any weapon or device defined as a
24firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of

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1"An Act relating to the acquisition, possession and transfer of
2firearms and firearm ammunition, to provide a penalty for the
3violation thereof and to make an appropriation in connection
4therewith", approved August 3, 1967, as amended.
5(Source: P.A. 98-725, eff. 1-1-15.)
6 Section 35. The School Code is amended by changing Sections
710-22.6, 10-27.1A and 34-8.05 as follows:
8 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
9 Sec. 10-22.6. Suspension or expulsion of pupils; school
10searches.
11 (a) To expel pupils guilty of gross disobedience or
12misconduct, including gross disobedience or misconduct
13perpetuated by electronic means, pursuant to subsection (b-20)
14of this Section, and no action shall lie against them for such
15expulsion. Expulsion shall take place only after the parents
16have been requested to appear at a meeting of the board, or
17with a hearing officer appointed by it, to discuss their
18child's behavior. Such request shall be made by registered or
19certified mail and shall state the time, place and purpose of
20the meeting. The board, or a hearing officer appointed by it,
21at such meeting shall state the reasons for dismissal and the
22date on which the expulsion is to become effective. If a
23hearing officer is appointed by the board, he shall report to
24the board a written summary of the evidence heard at the

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1meeting and the board may take such action thereon as it finds
2appropriate. If the board acts to expel a pupil, the written
3expulsion decision shall detail the specific reasons why
4removing the pupil from the learning environment is in the best
5interest of the school. The expulsion decision shall also
6include a rationale as to the specific duration of the
7expulsion. An expelled pupil may be immediately transferred to
8an alternative program in the manner provided in Article 13A or
913B of this Code. A pupil must not be denied transfer because
10of the expulsion, except in cases in which such transfer is
11deemed to cause a threat to the safety of students or staff in
12the alternative program.
13 (b) To suspend or by policy to authorize the superintendent
14of the district or the principal, assistant principal, or dean
15of students of any school to suspend pupils guilty of gross
16disobedience or misconduct, or to suspend pupils guilty of
17gross disobedience or misconduct on the school bus from riding
18the school bus, pursuant to subsections (b-15) and (b-20) of
19this Section, and no action shall lie against them for such
20suspension. The board may by policy authorize the
21superintendent of the district or the principal, assistant
22principal, or dean of students of any school to suspend pupils
23guilty of such acts for a period not to exceed 10 school days.
24If a pupil is suspended due to gross disobedience or misconduct
25on a school bus, the board may suspend the pupil in excess of
2610 school days for safety reasons.

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1 Any suspension shall be reported immediately to the parents
2or guardian of a pupil along with a full statement of the
3reasons for such suspension and a notice of their right to a
4review. The school board must be given a summary of the notice,
5including the reason for the suspension and the suspension
6length. Upon request of the parents or guardian, the school
7board or a hearing officer appointed by it shall review such
8action of the superintendent or principal, assistant
9principal, or dean of students. At such review, the parents or
10guardian of the pupil may appear and discuss the suspension
11with the board or its hearing officer. If a hearing officer is
12appointed by the board, he shall report to the board a written
13summary of the evidence heard at the meeting. After its hearing
14or upon receipt of the written report of its hearing officer,
15the board may take such action as it finds appropriate. If a
16student is suspended pursuant to this subsection (b), the board
17shall, in the written suspension decision, detail the specific
18act of gross disobedience or misconduct resulting in the
19decision to suspend. The suspension decision shall also include
20a rationale as to the specific duration of the suspension. A
21pupil who is suspended in excess of 20 school days may be
22immediately transferred to an alternative program in the manner
23provided in Article 13A or 13B of this Code. A pupil must not
24be denied transfer because of the suspension, except in cases
25in which such transfer is deemed to cause a threat to the
26safety of students or staff in the alternative program.

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1 (b-5) Among the many possible disciplinary interventions
2and consequences available to school officials, school
3exclusions, such as out-of-school suspensions and expulsions,
4are the most serious. School officials shall limit the number
5and duration of expulsions and suspensions to the greatest
6extent practicable, and it is recommended that they use them
7only for legitimate educational purposes. To ensure that
8students are not excluded from school unnecessarily, it is
9recommended that school officials consider forms of
10non-exclusionary discipline prior to using out-of-school
11suspensions or expulsions.
12 (b-10) Unless otherwise required by federal law or this
13Code, school boards may not institute zero-tolerance policies
14by which school administrators are required to suspend or expel
15students for particular behaviors.
16 (b-15) Out-of-school suspensions of 3 days or less may be
17used only if the student's continuing presence in school would
18pose a threat to school safety or a disruption to other
19students' learning opportunities. For purposes of this
20subsection (b-15), "threat to school safety or a disruption to
21other students' learning opportunities" shall be determined on
22a case-by-case basis by the school board or its designee.
23School officials shall make all reasonable efforts to resolve
24such threats, address such disruptions, and minimize the length
25of suspensions to the greatest extent practicable.
26 (b-20) Unless otherwise required by this Code,

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1out-of-school suspensions of longer than 3 days, expulsions,
2and disciplinary removals to alternative schools may be used
3only if other appropriate and available behavioral and
4disciplinary interventions have been exhausted and the
5student's continuing presence in school would either (i) pose a
6threat to the safety of other students, staff, or members of
7the school community or (ii) substantially disrupt, impede, or
8interfere with the operation of the school. For purposes of
9this subsection (b-20), "threat to the safety of other
10students, staff, or members of the school community" and
11"substantially disrupt, impede, or interfere with the
12operation of the school" shall be determined on a case-by-case
13basis by school officials. For purposes of this subsection
14(b-20), the determination of whether "appropriate and
15available behavioral and disciplinary interventions have been
16exhausted" shall be made by school officials. School officials
17shall make all reasonable efforts to resolve such threats,
18address such disruptions, and minimize the length of student
19exclusions to the greatest extent practicable. Within the
20suspension decision described in subsection (b) of this Section
21or the expulsion decision described in subsection (a) of this
22Section, it shall be documented whether other interventions
23were attempted or whether it was determined that there were no
24other appropriate and available interventions.
25 (b-25) Students who are suspended out-of-school for longer
26than 4 school days shall be provided appropriate and available

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1support services during the period of their suspension. For
2purposes of this subsection (b-25), "appropriate and available
3support services" shall be determined by school authorities.
4Within the suspension decision described in subsection (b) of
5this Section, it shall be documented whether such services are
6to be provided or whether it was determined that there are no
7such appropriate and available services.
8 A school district may refer students who are expelled to
9appropriate and available support services.
10 A school district shall create a policy to facilitate the
11re-engagement of students who are suspended out-of-school,
12expelled, or returning from an alternative school setting.
13 (b-30) A school district shall create a policy by which
14suspended pupils, including those pupils suspended from the
15school bus who do not have alternate transportation to school,
16shall have the opportunity to make up work for equivalent
17academic credit. It shall be the responsibility of a pupil's
18parent or guardian to notify school officials that a pupil
19suspended from the school bus does not have alternate
20transportation to school.
21 (c) The Department of Human Services shall be invited to
22send a representative to consult with the board at such meeting
23whenever there is evidence that mental illness may be the cause
24for expulsion or suspension.
25 (c-5) School districts shall make reasonable efforts to
26provide ongoing professional development to teachers,

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

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

HB4067- 23 -LRB101 15932 RLC 65292 b
1safety and security of the threatened individual because of his
2or her duties or employment status or status as a student
3inside the school.
4 (e) To maintain order and security in the schools, school
5authorities may inspect and search places and areas such as
6lockers, desks, parking lots, and other school property and
7equipment owned or controlled by the school, as well as
8personal effects left in those places and areas by students,
9without notice to or the consent of the student, and without a
10search warrant. As a matter of public policy, the General
11Assembly finds that students have no reasonable expectation of
12privacy in these places and areas or in their personal effects
13left in these places and areas. School authorities may request
14the assistance of law enforcement officials for the purpose of
15conducting inspections and searches of lockers, desks, parking
16lots, and other school property and equipment owned or
17controlled by the school for illegal drugs, weapons, or other
18illegal or dangerous substances or materials, including
19searches conducted through the use of specially trained dogs.
20If a search conducted in accordance with this Section produces
21evidence that the student has violated or is violating either
22the law, local ordinance, or the school's policies or rules,
23such evidence may be seized by school authorities, and
24disciplinary action may be taken. School authorities may also
25turn over such evidence to law enforcement authorities.
26 (f) Suspension or expulsion may include suspension or

HB4067- 24 -LRB101 15932 RLC 65292 b
1expulsion from school and all school activities and a
2prohibition from being present on school grounds.
3 (g) A school district may adopt a policy providing that if
4a student is suspended or expelled for any reason from any
5public or private school in this or any other state, the
6student must complete the entire term of the suspension or
7expulsion in an alternative school program under Article 13A of
8this Code or an alternative learning opportunities program
9under Article 13B of this Code before being admitted into the
10school district if there is no threat to the safety of students
11or staff in the alternative program.
12 (h) School officials shall not advise or encourage students
13to drop out voluntarily due to behavioral or academic
14difficulties.
15 (i) A student may not be issued a monetary fine or fee as a
16disciplinary consequence, though this shall not preclude
17requiring a student to provide restitution for lost, stolen, or
18damaged property.
19 (j) Subsections (a) through (i) of this Section shall apply
20to elementary and secondary schools, charter schools, special
21charter districts, and school districts organized under
22Article 34 of this Code.
23 (k) The expulsion of children enrolled in programs funded
24under Section 1C-2 of this Code is subject to the requirements
25under paragraph (7) of subsection (a) of Section 2-3.71 of this
26Code.

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1 (l) Beginning with the 2018-2019 school year, an in-school
2suspension program provided by a school district for any
3students in kindergarten through grade 12 may focus on
4promoting non-violent conflict resolution and positive
5interaction with other students and school personnel. A school
6district may employ a school social worker or a licensed mental
7health professional to oversee an in-school suspension program
8in kindergarten through grade 12.
9(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
10100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
117-12-19.)
12 (105 ILCS 5/10-27.1A)
13 Sec. 10-27.1A. Firearms in schools.
14 (a) All school officials, including teachers, guidance
15counselors, and support staff, shall immediately notify the
16office of the principal in the event that they observe any
17person in possession of a firearm on school grounds; provided
18that taking such immediate action to notify the office of the
19principal would not immediately endanger the health, safety, or
20welfare of students who are under the direct supervision of the
21school official or the school official. If the health, safety,
22or welfare of students under the direct supervision of the
23school official or of the school official is immediately
24endangered, the school official shall notify the office of the
25principal as soon as the students under his or her supervision

HB4067- 26 -LRB101 15932 RLC 65292 b
1and he or she are no longer under immediate danger. A report is
2not required by this Section when the school official knows
3that the person in possession of the firearm is a law
4enforcement official engaged in the conduct of his or her
5official duties. Any school official acting in good faith who
6makes such a report under this Section shall have immunity from
7any civil or criminal liability that might otherwise be
8incurred as a result of making the report. The identity of the
9school official making such report shall not be disclosed
10except as expressly and specifically authorized by law.
11Knowingly and willfully failing to comply with this Section is
12a petty offense. A second or subsequent offense is a Class C
13misdemeanor.
14 (b) Upon receiving a report from any school official
15pursuant to this Section, or from any other person, the
16principal or his or her designee shall immediately notify a
17local law enforcement agency. If the person found to be in
18possession of a firearm on school grounds is a student, the
19principal or his or her designee shall also immediately notify
20that student's parent or guardian. Any principal or his or her
21designee acting in good faith who makes such reports under this
22Section shall have immunity from any civil or criminal
23liability that might otherwise be incurred or imposed as a
24result of making the reports. Knowingly and willfully failing
25to comply with this Section is a petty offense. A second or
26subsequent offense is a Class C misdemeanor. If the person

HB4067- 27 -LRB101 15932 RLC 65292 b
1found to be in possession of the firearm on school grounds is a
2minor, the law enforcement agency shall detain that minor until
3such time as the agency makes a determination pursuant to
4clause (a) of subsection (1) of Section 5-401 of the Juvenile
5Court Act of 1987, as to whether the agency reasonably believes
6that the minor is delinquent. If the law enforcement agency
7determines that probable cause exists to believe that the minor
8committed a violation of item (4) of subsection (a) of Section
924-1 of the Criminal Code of 2012 while on school grounds, the
10agency shall detain the minor for processing pursuant to
11Section 5-407 of the Juvenile Court Act of 1987.
12 (c) On or after January 1, 1997, upon receipt of any
13written, electronic, or verbal report from any school personnel
14regarding a verified incident involving a firearm in a school
15or on school owned or leased property, including any conveyance
16owned, leased, or used by the school for the transport of
17students or school personnel, the superintendent or his or her
18designee shall report all such firearm-related incidents
19occurring in a school or on school property to the local law
20enforcement authorities immediately and to the Department of
21State Police in a form, manner, and frequency as prescribed by
22the Department of State Police.
23 The State Board of Education shall receive an annual
24statistical compilation and related data associated with
25incidents involving firearms in schools from the Department of
26State Police. The State Board of Education shall compile this

HB4067- 28 -LRB101 15932 RLC 65292 b
1information by school district and make it available to the
2public.
3 (d) As used in this Section, the term "firearm" shall have
4the meaning ascribed to it in Section 2-7.5 of the Criminal
5Code of 2012 1.1 of the Firearm Owners Identification Card Act.
6 As used in this Section, the term "school" means any public
7or private elementary or secondary school.
8 As used in this Section, the term "school grounds" includes
9the real property comprising any school, any conveyance owned,
10leased, or contracted by a school to transport students to or
11from school or a school-related activity, or any public way
12within 1,000 feet of the real property comprising any school.
13(Source: P.A. 97-1150, eff. 1-25-13.)
14 (105 ILCS 5/34-8.05)
15 Sec. 34-8.05. Reporting firearms in schools. On or after
16January 1, 1997, upon receipt of any written, electronic, or
17verbal report from any school personnel regarding a verified
18incident involving a firearm in a school or on school owned or
19leased property, including any conveyance owned, leased, or
20used by the school for the transport of students or school
21personnel, the general superintendent or his or her designee
22shall report all such firearm-related incidents occurring in a
23school or on school property to the local law enforcement
24authorities no later than 24 hours after the occurrence of the
25incident and to the Department of State Police in a form,

HB4067- 29 -LRB101 15932 RLC 65292 b
1manner, and frequency as prescribed by the Department of State
2Police.
3 The State Board of Education shall receive an annual
4statistical compilation and related data associated with
5incidents involving firearms in schools from the Department of
6State Police. As used in this Section, the term "firearm" shall
7have the meaning ascribed to it in Section 2-7.5 of the
8Criminal Code of 2012 1.1 of the Firearm Owners Identification
9Card Act.
10(Source: P.A. 89-498, eff. 6-27-96.)
11 Section 40. The Illinois Explosives Act is amended by
12changing Section 2005 as follows:
13 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
14 Sec. 2005. Qualifications for licensure.
15 (a) No person shall qualify to hold a license who:
16 (1) is under 21 years of age;
17 (2) has been convicted in any court of a crime
18 punishable by imprisonment for a term exceeding one year;
19 (3) is under indictment for a crime punishable by
20 imprisonment for a term exceeding one year;
21 (4) is a fugitive from justice;
22 (5) is an unlawful user of or addicted to any
23 controlled substance as defined in Section 102 of the
24 federal Controlled Substances Act (21 U.S.C. Sec. 802 et

HB4067- 30 -LRB101 15932 RLC 65292 b
1 seq.);
2 (6) has been adjudicated a person with a mental
3 disability as defined in Section 6-103.1 of the Mental
4 Health and Developmental Disabilities Code 1.1 of the
5 Firearm Owners Identification Card Act; or
6 (7) is not a legal citizen of the United States or
7 lawfully admitted for permanent residence.
8 (b) A person who has been granted a "relief from
9disabilities" regarding criminal convictions and indictments,
10pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
11845) may receive a license provided all other qualifications
12under this Act are met.
13(Source: P.A. 101-541, eff. 8-23-19.)
14 Section 45. The Private Detective, Private Alarm, Private
15Security, and Locksmith Act of 2004 is amended by changing
16Sections 35-30 and 35-35 as follows:
17 (225 ILCS 447/35-30)
18 (Section scheduled to be repealed on January 1, 2024)
19 Sec. 35-30. Employee requirements. All employees of a
20licensed agency, other than those exempted, shall apply for a
21permanent employee registration card. The holder of an agency
22license issued under this Act, known in this Section as
23"employer", may employ in the conduct of his or her business
24employees under the following provisions:

HB4067- 31 -LRB101 15932 RLC 65292 b
1 (a) No person shall be issued a permanent employee
2registration card who:
3 (1) Is younger than 18 years of age.
4 (2) Is younger than 21 years of age if the services
5 will include being armed.
6 (3) Has been determined by the Department to be unfit
7 by reason of conviction of an offense in this or another
8 state, including registration as a sex offender, but not
9 including a traffic offense. Persons convicted of felonies
10 involving bodily harm, weapons, violence, or theft within
11 the previous 10 years shall be presumed to be unfit for
12 registration. The Department shall adopt rules for making
13 those determinations that shall afford the applicant due
14 process of law.
15 (4) Has had a license or permanent employee
16 registration card denied, suspended, or revoked under this
17 Act (i) within one year before the date the person's
18 application for permanent employee registration card is
19 received by the Department; and (ii) that refusal, denial,
20 suspension, or revocation was based on any provision of
21 this Act other than Section 40-50, item (6) or (8) of
22 subsection (a) of Section 15-10, subsection (b) of Section
23 15-10, item (6) or (8) of subsection (a) of Section 20-10,
24 subsection (b) of Section 20-10, item (6) or (8) of
25 subsection (a) of Section 25-10, subsection (b) of Section
26 25-10, item (7) of subsection (a) of Section 30-10,

HB4067- 32 -LRB101 15932 RLC 65292 b
1 subsection (b) of Section 30-10, or Section 10-40.
2 (5) Has been declared incompetent by any court of
3 competent jurisdiction by reason of mental disease or
4 defect and has not been restored.
5 (6) Has been dishonorably discharged from the armed
6 services of the United States.
7 (b) No person may be employed by a private detective
8agency, private security contractor agency, private alarm
9contractor agency, fingerprint vendor agency, or locksmith
10agency under this Section until he or she has executed and
11furnished to the employer, on forms furnished by the
12Department, a verified statement to be known as "Employee's
13Statement" setting forth:
14 (1) The person's full name, age, and residence address.
15 (2) The business or occupation engaged in for the 5
16 years immediately before the date of the execution of the
17 statement, the place where the business or occupation was
18 engaged in, and the names of employers, if any.
19 (3) That the person has not had a license or employee
20 registration denied, revoked, or suspended under this Act
21 (i) within one year before the date the person's
22 application for permanent employee registration card is
23 received by the Department; and (ii) that refusal, denial,
24 suspension, or revocation was based on any provision of
25 this Act other than Section 40-50, item (6) or (8) of
26 subsection (a) of Section 15-10, subsection (b) of Section

HB4067- 33 -LRB101 15932 RLC 65292 b
1 15-10, item (6) or (8) of subsection (a) of Section 20-10,
2 subsection (b) of Section 20-10, item (6) or (8) of
3 subsection (a) of Section 25-10, subsection (b) of Section
4 25-10, item (7) of subsection (a) of Section 30-10,
5 subsection (b) of Section 30-10, or Section 10-40.
6 (4) Any conviction of a felony or misdemeanor.
7 (5) Any declaration of incompetence by a court of
8 competent jurisdiction that has not been restored.
9 (6) Any dishonorable discharge from the armed services
10 of the United States.
11 (7) Any other information as may be required by any
12 rule of the Department to show the good character,
13 competency, and integrity of the person executing the
14 statement.
15 (c) Each applicant for a permanent employee registration
16card shall have his or her fingerprints submitted to the
17Department of State Police in an electronic format that
18complies with the form and manner for requesting and furnishing
19criminal history record information as prescribed by the
20Department of State Police. These fingerprints shall be checked
21against the Department of State Police and Federal Bureau of
22Investigation criminal history record databases now and
23hereafter filed. The Department of State Police shall charge
24applicants a fee for conducting the criminal history records
25check, which shall be deposited in the State Police Services
26Fund and shall not exceed the actual cost of the records check.

HB4067- 34 -LRB101 15932 RLC 65292 b
1The Department of State Police shall furnish, pursuant to
2positive identification, records of Illinois convictions to
3the Department. The Department may require applicants to pay a
4separate fingerprinting fee, either to the Department or
5directly to the vendor. The Department, in its discretion, may
6allow an applicant who does not have reasonable access to a
7designated vendor to provide his or her fingerprints in an
8alternative manner. The Department, in its discretion, may also
9use other procedures in performing or obtaining criminal
10background checks of applicants. Instead of submitting his or
11her fingerprints, an individual may submit proof that is
12satisfactory to the Department that an equivalent security
13clearance has been conducted. Also, an individual who has
14retired as a peace officer within 12 months of application may
15submit verification, on forms provided by the Department and
16signed by his or her employer, of his or her previous full-time
17employment as a peace officer.
18 (d) The Department shall issue a permanent employee
19registration card, in a form the Department prescribes, to all
20qualified applicants. The holder of a permanent employee
21registration card shall carry the card at all times while
22actually engaged in the performance of the duties of his or her
23employment. Expiration and requirements for renewal of
24permanent employee registration cards shall be established by
25rule of the Department. Possession of a permanent employee
26registration card does not in any way imply that the holder of

HB4067- 35 -LRB101 15932 RLC 65292 b
1the card is employed by an agency unless the permanent employee
2registration card is accompanied by the employee
3identification card required by subsection (f) of this Section.
4 (e) Each employer shall maintain a record of each employee
5that is accessible to the duly authorized representatives of
6the Department. The record shall contain the following
7information:
8 (1) A photograph taken within 10 days of the date that
9 the employee begins employment with the employer. The
10 photograph shall be replaced with a current photograph
11 every 3 calendar years.
12 (2) The Employee's Statement specified in subsection
13 (b) of this Section.
14 (3) All correspondence or documents relating to the
15 character and integrity of the employee received by the
16 employer from any official source or law enforcement
17 agency.
18 (4) In the case of former employees, the employee
19 identification card of that person issued under subsection
20 (f) of this Section. Each employee record shall duly note
21 if the employee is employed in an armed capacity. Armed
22 employee files shall contain a copy of an active firearm
23 owner's identification card and a copy of an active firearm
24 control card. Each employer shall maintain a record for
25 each armed employee of each instance in which the
26 employee's weapon was discharged during the course of his

HB4067- 36 -LRB101 15932 RLC 65292 b
1 or her professional duties or activities. The record shall
2 be maintained on forms provided by the Department, a copy
3 of which must be filed with the Department within 15 days
4 of an instance. The record shall include the date and time
5 of the occurrence, the circumstances involved in the
6 occurrence, and any other information as the Department may
7 require. Failure to provide this information to the
8 Department or failure to maintain the record as a part of
9 each armed employee's permanent file is grounds for
10 disciplinary action. The Department, upon receipt of a
11 report, shall have the authority to make any investigation
12 it considers appropriate into any occurrence in which an
13 employee's weapon was discharged and to take disciplinary
14 action as may be appropriate.
15 (5) A copy of the employee's permanent employee
16 registration card or a copy of the Department's "License
17 Lookup" Webpage showing that the employee has been issued a
18 valid permanent employee registration card by the
19 Department.
20 The Department may, by rule, prescribe further record
21requirements.
22 (f) Every employer shall furnish an employee
23identification card to each of his or her employees. This
24employee identification card shall contain a recent photograph
25of the employee, the employee's name, the name and agency
26license number of the employer, the employee's personal

HB4067- 37 -LRB101 15932 RLC 65292 b
1description, the signature of the employer, the signature of
2that employee, the date of issuance, and an employee
3identification card number.
4 (g) No employer may issue an employee identification card
5to any person who is not employed by the employer in accordance
6with this Section or falsely state or represent that a person
7is or has been in his or her employ. It is unlawful for an
8applicant for registered employment to file with the Department
9the fingerprints of a person other than himself or herself.
10 (h) Every employer shall obtain the identification card of
11every employee who terminates employment with him or her.
12 (i) Every employer shall maintain a separate roster of the
13names of all employees currently working in an armed capacity
14and submit the roster to the Department on request.
15 (j) No agency may employ any person to perform a licensed
16activity under this Act unless the person possesses a valid
17permanent employee registration card or a valid license under
18this Act, or is exempt pursuant to subsection (n).
19 (k) Notwithstanding the provisions of subsection (j), an
20agency may employ a person in a temporary capacity if all of
21the following conditions are met:
22 (1) The agency completes in its entirety and submits to
23 the Department an application for a permanent employee
24 registration card, including the required fingerprint
25 receipt and fees.
26 (2) The agency has verification from the Department

HB4067- 38 -LRB101 15932 RLC 65292 b
1 that the applicant has no record of any criminal conviction
2 pursuant to the criminal history check conducted by the
3 Department of State Police. The agency shall maintain the
4 verification of the results of the Department of State
5 Police criminal history check as part of the employee
6 record as required under subsection (e) of this Section.
7 (3) The agency exercises due diligence to ensure that
8 the person is qualified under the requirements of the Act
9 to be issued a permanent employee registration card.
10 (4) The agency maintains a separate roster of the names
11 of all employees whose applications are currently pending
12 with the Department and submits the roster to the
13 Department on a monthly basis. Rosters are to be maintained
14 by the agency for a period of at least 24 months.
15 An agency may employ only a permanent employee applicant
16for which it either submitted a permanent employee application
17and all required forms and fees or it confirms with the
18Department that a permanent employee application and all
19required forms and fees have been submitted by another agency,
20licensee or the permanent employee and all other requirements
21of this Section are met.
22 The Department shall have the authority to revoke, without
23a hearing, the temporary authority of an individual to work
24upon receipt of Federal Bureau of Investigation fingerprint
25data or a report of another official authority indicating a
26criminal conviction. If the Department has not received a

HB4067- 39 -LRB101 15932 RLC 65292 b
1temporary employee's Federal Bureau of Investigation
2fingerprint data within 120 days of the date the Department
3received the Department of State Police fingerprint data, the
4Department may, at its discretion, revoke the employee's
5temporary authority to work with 15 days written notice to the
6individual and the employing agency.
7 An agency may not employ a person in a temporary capacity
8if it knows or reasonably should have known that the person has
9been convicted of a crime under the laws of this State, has
10been convicted in another state of any crime that is a crime
11under the laws of this State, has been convicted of any crime
12in a federal court, or has been posted as an unapproved
13applicant by the Department. Notice by the Department to the
14agency, via certified mail, personal delivery, electronic
15mail, or posting on the Department's Internet site accessible
16to the agency that the person has been convicted of a crime
17shall be deemed constructive knowledge of the conviction on the
18part of the agency. The Department may adopt rules to implement
19this subsection (k).
20 (l) No person may be employed under this Section in any
21capacity if:
22 (1) the person, while so employed, is being paid by the
23 United States or any political subdivision for the time so
24 employed in addition to any payments he or she may receive
25 from the employer; or
26 (2) the person wears any portion of his or her official

HB4067- 40 -LRB101 15932 RLC 65292 b
1 uniform, emblem of authority, or equipment while so
2 employed.
3 (m) If information is discovered affecting the
4registration of a person whose fingerprints were submitted
5under this Section, the Department shall so notify the agency
6that submitted the fingerprints on behalf of that person.
7 (n) Peace officers shall be exempt from the requirements of
8this Section relating to permanent employee registration
9cards. The agency shall remain responsible for any peace
10officer employed under this exemption, regardless of whether
11the peace officer is compensated as an employee or as an
12independent contractor and as further defined by rule.
13 (o) Persons who have no access to confidential or security
14information, who do not go to a client's or prospective
15client's residence or place of business, and who otherwise do
16not provide traditional security services are exempt from
17employee registration. Examples of exempt employees include,
18but are not limited to, employees working in the capacity of
19ushers, directors, ticket takers, cashiers, drivers, and
20reception personnel. Confidential or security information is
21that which pertains to employee files, scheduling, client
22contracts, or technical security and alarm data.
23 (p) An applicant who is 21 years of age or older seeking a
24religious exemption to the photograph requirement of this
25Section shall furnish with the application an approved copy of
26United States Department of the Treasury Internal Revenue

HB4067- 41 -LRB101 15932 RLC 65292 b
1Service Form 4029. Regardless of age, an applicant seeking a
2religious exemption to this photograph requirement shall
3submit fingerprints in a form and manner prescribed by the
4Department with his or her application in lieu of a photograph.
5(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
6 (225 ILCS 447/35-35)
7 (Section scheduled to be repealed on January 1, 2024)
8 Sec. 35-35. Requirement of a firearm control card.
9 (a) No person shall perform duties that include the use,
10carrying, or possession of a firearm in the performance of
11those duties without complying with the provisions of this
12Section and having been issued a valid firearm control card by
13the Department.
14 (b) No employer shall employ any person to perform the
15duties for which licensure or employee registration is required
16and allow that person to carry a firearm unless that person has
17complied with all the firearm training requirements of this
18Section and has been issued a firearm control card. This Act
19permits only the following to carry firearms while actually
20engaged in the performance of their duties or while commuting
21directly to or from their places of employment: persons
22licensed as private detectives and their registered employees;
23persons licensed as private security contractors and their
24registered employees; persons licensed as private alarm
25contractors and their registered employees; and employees of a

HB4067- 42 -LRB101 15932 RLC 65292 b
1registered armed proprietary security force.
2 (c) Possession of a valid firearm control card allows a
3licensee or employee to carry a firearm not otherwise
4prohibited by law while the licensee or employee is engaged in
5the performance of his or her duties or while the licensee or
6employee is commuting directly to or from the licensee's or
7employee's place or places of employment.
8 (d) The Department shall issue a firearm control card to a
9person who has passed an approved firearm training course, who
10is currently licensed or employed by an agency licensed by this
11Act and has met all the requirements of this Act, and who is
12not prohibited under State or federal law from possessing a
13firearm possesses a valid firearm owner identification card.
14Application for the firearm control card shall be made by the
15employer to the Department on forms provided by the Department.
16The Department shall forward the card to the employer who shall
17be responsible for its issuance to the licensee or employee.
18The firearm control card shall be issued by the Department and
19shall identify the person holding it and the name of the course
20where the licensee or employee received firearm instruction and
21shall specify the type of weapon or weapons the person is
22authorized by the Department to carry and for which the person
23has been trained.
24 (e) Expiration and requirements for renewal of firearm
25control cards shall be determined by rule.
26 (f) The Department may, in addition to any other

HB4067- 43 -LRB101 15932 RLC 65292 b
1disciplinary action permitted by this Act, refuse to issue,
2suspend, or revoke a firearm control card if the applicant or
3holder has been convicted of any felony or crime involving the
4illegal use, carrying, or possession of a deadly weapon or for
5a violation of this Act or rules adopted promulgated under this
6Act. The Department shall refuse to issue or shall revoke a
7firearm control card if the applicant or holder is prohibited
8under State or federal law from possessing a firearm fails to
9possess a valid firearm owners identification card without
10hearing. The Secretary shall summarily suspend a firearm
11control card if the Secretary finds that its continued use
12would constitute an imminent danger to the public. A hearing
13shall be held before the Board within 30 days if the Secretary
14summarily suspends a firearm control card.
15 (g) Notwithstanding any other provision of this Act to the
16contrary, all requirements relating to firearms control cards
17do not apply to a peace officer. If an individual ceases to be
18employed as a peace officer and continues to perform services
19in an armed capacity under this Act that are licensed
20activities, then the individual is required to obtain a
21permanent employee registration card pursuant to Section 35-30
22of this Act and must possess a valid Firearm Owner's
23Identification Card, but is not required to obtain a firearm
24control card if the individual is otherwise in continuing
25compliance with the federal Law Enforcement Officers Safety Act
26of 2004. If an individual elects to carry a firearm pursuant to

HB4067- 44 -LRB101 15932 RLC 65292 b
1the federal Law Enforcement Officers Safety Act of 2004, then
2the agency employing the officer is required to submit a notice
3of that election to the Department along with a fee specified
4by rule.
5 (h) The Department may issue a temporary firearm control
6card pending issuance of a new firearm control card upon an
7agency's acquiring of an established armed account. An agency
8that has acquired armed employees as a result of acquiring an
9established armed account may, on forms supplied by the
10Department, request the issuance of a temporary firearm control
11card for each acquired employee who held a valid firearm
12control card under his or her employment with the newly
13acquired established armed account immediately preceding the
14acquiring of the account and who continues to meet all of the
15qualifications for issuance of a firearm control card set forth
16in this Act and any rules adopted under this Act. The
17Department shall, by rule, set the fee for issuance of a
18temporary firearm control card.
19 (i) The Department shall not issue a firearm control card
20to a licensed fingerprint vendor or a licensed locksmith or
21employees of a licensed fingerprint vendor agency or a licensed
22locksmith agency.
23(Source: P.A. 100-712, eff. 8-3-18.)
24 Section 50. The Mental Health and Developmental
25Disabilities Code is amended by changing Sections 6-103.1,

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16-103.2, and 6-103.3 as follows:
2 (405 ILCS 5/6-103.1)
3 Sec. 6-103.1. Adjudication as a person with a mental
4disability. When a person has been adjudicated as a person with
5a mental disability as defined in Section 1.1 of the Firearm
6Owners Identification Card Act, including, but not limited to,
7an adjudication as a person with a disability as defined in
8Section 11a-2 of the Probate Act of 1975, the court shall
9direct the circuit court clerk to notify the Department of
10State Police, Firearm Owner's Identification (FOID) Office, in
11a form and manner prescribed by the Department of State Police,
12and shall forward a copy of the court order to the Department
13no later than 7 days after the entry of the order. Upon receipt
14of the order, the Department of State Police shall provide
15notification to the National Instant Criminal Background Check
16System. In this Section, "has been adjudicated as a mentally
17disabled person" means the person is the subject of a
18determination by a court, board, commission, or other lawful
19authority that the person, as a result of marked subnormal
20intelligence, or mental illness, mental impairment,
21incompetency, condition, or disease:
22 (1) presents a clear and present danger to himself,
23 herself, or to others;
24 (2) lacks the mental capacity to manage his or her own
25 affairs or is adjudicated a disabled person as defined in

HB4067- 46 -LRB101 15932 RLC 65292 b
1 Section 11a-2 of the Probate Act of 1975;
2 (3) is not guilty in a criminal case by reason of
3 insanity, mental disease or defect;
4 (3.5) is guilty but mentally ill, as provided in
5 Section 5-2-6 of the Unified Code of Corrections;
6 (4) is unfit to stand trial in a criminal case;
7 (5) is not guilty by reason of lack of mental
8 responsibility under Articles 50a and 72b of the Uniform
9 Code of Military Justice, 10 U.S.C. 850a, 876b;
10 (6) is a sexually violent person under subsection (f)
11 of Section 5 of the Sexually Violent Persons Commitment
12 Act;
13 (7) is a sexually dangerous person under the Sexually
14 Dangerous Persons Act;
15 (8) is unfit to stand trial under the Juvenile Court
16 Act of 1987;
17 (9) is not guilty by reason of insanity under the
18 Juvenile Court Act of 1987;
19 (10) is a person subject to involuntary admission on an
20 inpatient basis as defined in Section 1-119 of the Mental
21 Health and Developmental Disabilities Code;
22 (11) is a person subject to involuntary admission on an
23 outpatient basis as defined in Section 1-119.1 of the
24 Mental Health and Developmental Disabilities Code;
25 (12) is subject to judicial admission as set forth in
26 Section 4-500 of the Mental Health and Developmental

HB4067- 47 -LRB101 15932 RLC 65292 b
1 Disabilities Code; or
2 (13) is subject to the provisions of the Interstate
3 Agreements on Sexually Dangerous Persons Act.
4(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
5 (405 ILCS 5/6-103.2)
6 Sec. 6-103.2. Developmental disability; notice. If a
7person 14 years old or older is determined to be a person with
8a developmental disability by a physician, clinical
9psychologist, or qualified examiner, the physician, clinical
10psychologist, or qualified examiner shall notify the
11Department of Human Services within 7 days of making the
12determination that the person has a developmental disability.
13The Department of Human Services shall immediately update its
14records and information relating to mental health and
15developmental disabilities, and if appropriate, shall notify
16the Department of State Police in a form and manner prescribed
17by the Department of State Police. Information disclosed under
18this Section shall remain privileged and confidential, and
19shall not be redisclosed, except as required under clause
20(e)(2) of Section 24-4.5 of the Criminal Code of 2012
21subsection (e) of Section 3.1 of the Firearm Owners
22Identification Card Act, nor used for any other purpose. The
23method of providing this information shall guarantee that the
24information is not released beyond that which is necessary for
25the purpose of this Section and shall be provided by rule by

HB4067- 48 -LRB101 15932 RLC 65292 b
1the Department of Human Services. The identity of the person
2reporting under this Section shall not be disclosed to the
3subject of the report.
4 The physician, clinical psychologist, or qualified
5examiner making the determination and his or her employer may
6not be held criminally, civilly, or professionally liable for
7making or not making the notification required under this
8Section, except for willful or wanton misconduct.
9 In this Section, "developmentally disabled" has the
10meaning ascribed to it in Section 12 of the Mental Health and
11Developmental Disabilities Confidentiality Act.
12 In For purposes of this Section, "developmental
13disability" means a disability which is attributable to any
14other condition which results in impairment similar to that
15caused by an intellectual disability and which requires
16services similar to those required by intellectually disabled
17persons. The disability must originate before the age of 18
18years, be expected to continue indefinitely, and constitute a
19substantial disability. This disability results, in the
20professional opinion of a physician, clinical psychologist, or
21qualified examiner, in significant functional limitations in 3
22or more of the following areas of major life activity:
23 (i) self-care;
24 (ii) receptive and expressive language;
25 (iii) learning;
26 (iv) mobility; or

HB4067- 49 -LRB101 15932 RLC 65292 b
1 (v) self-direction.
2 "Determined to be a person with a developmental disability
3by a physician, clinical psychologist, or qualified examiner"
4means in the professional opinion of the physician, clinical
5psychologist, or qualified examiner, a person is diagnosed,
6assessed, or evaluated as having a developmental disability.
7(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
8eff. 7-27-15; 99-642, eff. 7-28-16.)
9 (405 ILCS 5/6-103.3)
10 Sec. 6-103.3. Clear and present danger; notice. If a person
11is determined to pose a clear and present danger to himself,
12herself, or to others by a physician, clinical psychologist, or
13qualified examiner, whether employed by the State, by any
14public or private mental health facility or part thereof, or by
15a law enforcement official or a school administrator, then the
16physician, clinical psychologist, qualified examiner shall
17notify the Department of Human Services and a law enforcement
18official or school administrator shall notify the Department of
19State Police, within 24 hours of making the determination that
20the person poses a clear and present danger. The Department of
21Human Services shall immediately update its records and
22information relating to mental health and developmental
23disabilities, and if appropriate, shall notify the Department
24of State Police in a form and manner prescribed by the
25Department of State Police. Information disclosed under this

HB4067- 50 -LRB101 15932 RLC 65292 b
1Section shall remain privileged and confidential, and shall not
2be redisclosed, except as required under clause (e)(2) of
3Section 24-4.5 of the Criminal Code of 2012 subsection (e) of
4Section 3.1 of the Firearm Owners Identification Card Act, nor
5used for any other purpose. The method of providing this
6information shall guarantee that the information is not
7released beyond that which is necessary for the purpose of this
8Section and shall be provided by rule by the Department of
9Human Services. The identity of the person reporting under this
10Section shall not be disclosed to the subject of the report.
11The physician, clinical psychologist, qualified examiner, law
12enforcement official, or school administrator making the
13determination and his or her employer shall not be held
14criminally, civilly, or professionally liable for making or not
15making the notification required under this Section, except for
16willful or wanton misconduct. This Section does not apply to a
17law enforcement official, if making the notification under this
18Section will interfere with an ongoing or pending criminal
19investigation.
20 In For the purposes of this Section:
21 "Clear and present danger" means a person who:
22 (1) communicates a serious threat of physical
23 violence against a reasonably identifiable victim or
24 poses a clear and imminent risk of serious physical
25 injury to himself, herself, or another person as
26 determined by a physician, clinical psychologist, or

HB4067- 51 -LRB101 15932 RLC 65292 b
1 qualified examiner; or
2 (2) demonstrates threatening physical or verbal
3 behavior, such as violent, suicidal, or assaultive
4 threats, actions, or other behavior, as determined by a
5 physician, clinical psychologist, qualified examiner,
6 school administrator, or law enforcement official.
7 "Physician", "clinical psychologist", and "qualified
8 examiner" have the meanings ascribed to them in the Mental
9 Health and Developmental Disabilities Code has the meaning
10 ascribed to it in Section 1.1 of the Firearm Owners
11 Identification Card Act.
12 "Determined to pose a clear and present danger to
13 himself, herself, or to others by a physician, clinical
14 psychologist, or qualified examiner" means in the
15 professional opinion of the physician, clinical
16 psychologist, or qualified examiner, a person poses a clear
17 and present danger.
18 "School administrator" means the person required to
19 report under the School Administrator Reporting of Mental
20 Health Clear and Present Danger Determinations Law.
21(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
22 Section 55. The Lead Poisoning Prevention Act is amended by
23changing Section 2 as follows:
24 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)

HB4067- 52 -LRB101 15932 RLC 65292 b
1 Sec. 2. Definitions. As used in this Act:
2 "Child care facility" means any structure used by a child
3care provider licensed by the Department of Children and Family
4Services or public or private school structure frequented by
5children 6 years of age or younger.
6 "Childhood Lead Risk Questionnaire" means the
7questionnaire developed by the Department for use by physicians
8and other health care providers to determine risk factors for
9children 6 years of age or younger residing in areas designated
10as low risk for lead exposure.
11 "Delegate agency" means a unit of local government or
12health department approved by the Department to carry out the
13provisions of this Act.
14 "Department" means the Department of Public Health.
15 "Director" means the Director of Public Health.
16 "Dwelling unit" means an individual unit within a
17residential building used as living quarters for one household.
18 "Elevated blood lead level" means a blood lead level in
19excess of the limits established under State rules.
20 "Exposed surface" means any interior or exterior surface of
21a regulated facility.
22 "High risk area" means an area in the State determined by
23the Department to be high risk for lead exposure for children 6
24years of age or younger. The Department may consider, but is
25not limited to, the following factors to determine a high risk
26area: age and condition (using Department of Housing and Urban

HB4067- 53 -LRB101 15932 RLC 65292 b
1Development definitions of "slum" and "blighted") of housing,
2proximity to highway traffic or heavy local traffic or both,
3percentage of housing determined as rental or vacant, proximity
4to industry using lead, established incidence of elevated blood
5lead levels in children, percentage of population living below
6200% of federal poverty guidelines, and number of children
7residing in the area who are 6 years of age or younger.
8 "Lead abatement" means any approved work practices that
9will permanently eliminate lead exposure or remove the
10lead-bearing substances in a regulated facility. The
11Department shall establish by rule which work practices are
12approved or prohibited for lead abatement.
13 "Lead abatement contractor" means any person or entity
14licensed by the Department to perform lead abatement and
15mitigation.
16 "Lead abatement supervisor" means any person employed by a
17lead abatement contractor and licensed by the Department to
18perform lead abatement and lead mitigation and to supervise
19lead workers who perform lead abatement and lead mitigation.
20 "Lead abatement worker" means any person employed by a lead
21abatement contractor and licensed by the Department to perform
22lead abatement and mitigation.
23 "Lead activities" means the conduct of any lead services,
24including, lead inspection, lead risk assessment, lead
25mitigation, or lead abatement work or supervision in a
26regulated facility.

HB4067- 54 -LRB101 15932 RLC 65292 b
1 "Lead-bearing substance" means any item containing or
2coated with lead such that the lead content is more than
3six-hundredths of one percent (0.06%) lead by total weight; or
4any dust on surfaces or in furniture or other nonpermanent
5elements of the regulated facility; or any paint or other
6surface coating material containing more than five-tenths of
7one percent (0.5%) lead by total weight (calculated as lead
8metal) in the total non-volatile content of liquid paint; or
9lead-bearing substances containing greater than one milligram
10per square centimeter or any lower standard for lead content in
11residential paint as may be established by federal law or rule;
12or more than 1 milligram per square centimeter in the dried
13film of paint or previously applied substance; or item or dust
14on item containing lead in excess of the amount specified in
15the rules authorized by this Act or a lower standard for lead
16content as may be established by federal law or rule.
17"Lead-bearing substance" does not include firearm ammunition
18or components as defined by Section 2-7.1 of the Criminal Code
19of 2012 the Firearm Owners Identification Card Act.
20 "Lead hazard" means a lead-bearing substance that poses an
21immediate health hazard to humans.
22 "Lead hazard screen" means a lead risk assessment that
23involves limited dust and paint sampling for lead-bearing
24substances and lead hazards. This service is used as a
25screening tool designed to determine if further lead
26investigative services are required for the regulated

HB4067- 55 -LRB101 15932 RLC 65292 b
1facility.
2 "Lead inspection" means a surface-by-surface investigation
3to determine the presence of lead-based paint.
4 "Lead inspector" means an individual who has been trained
5by a Department-approved training program and is licensed by
6the Department to conduct lead inspections; to sample for the
7presence of lead in paint, dust, soil, and water; and to
8conduct compliance investigations.
9 "Lead mitigation" means the remediation, in a manner
10described in Section 9, of a lead hazard so that the
11lead-bearing substance does not pose an immediate health hazard
12to humans.
13 "Lead poisoning" means having an elevated blood lead level.
14 "Lead risk assessment" means an on-site investigation to
15determine the existence, nature, severity, and location of lead
16hazards. "Lead risk assessment" includes any lead sampling and
17visual assessment associated with conducting a lead risk
18assessment and lead hazard screen and all lead sampling
19associated with compliance investigations.
20 "Lead risk assessor" means an individual who has been
21trained by a Department-approved training program and is
22licensed by the Department to conduct lead risk assessments,
23lead inspections, and lead hazard screens; to sample for the
24presence of lead in paint, dust, soil, water, and sources for
25lead-bearing substances; and to conduct compliance
26investigations.

HB4067- 56 -LRB101 15932 RLC 65292 b
1 "Lead training program provider" means any person
2providing Department-approved lead training in Illinois to
3individuals seeking licensure in accordance with the Act.
4 "Low risk area" means an area in the State determined by
5the Department to be low risk for lead exposure for children 6
6years of age or younger. The Department may consider the
7factors named in "high risk area" to determine low risk areas.
8 "Owner" means any person, who alone, jointly, or severally
9with others:
10 (a) Has legal title to any regulated facility, with or
11 without actual possession of the regulated facility, or
12 (b) Has charge, care, or control of the regulated
13 facility as owner or agent of the owner, or as executor,
14 administrator, trustee, or guardian of the estate of the
15 owner.
16 "Person" means any individual, partnership, firm, company,
17limited liability company, corporation, association, joint
18stock company, trust, estate, political subdivision, State
19agency, or any other legal entity, or their legal
20representative, agent, or assign.
21 "Regulated facility" means a residential building or child
22care facility.
23 "Residential building" means any room, group of rooms, or
24other interior areas of a structure designed or used for human
25habitation; common areas accessible by inhabitants; and the
26surrounding property or structures.

HB4067- 57 -LRB101 15932 RLC 65292 b
1(Source: P.A. 100-723, eff. 1-1-19.)
2 (430 ILCS 65/Act rep.)
3 Section 60. The Firearm Owners Identification Card Act is
4repealed.
5 Section 65. The Firearm Concealed Carry Act is amended by
6changing Sections 25, 30, 40, 70, 80, and 105 as follows:
7 (430 ILCS 66/25)
8 Sec. 25. Qualifications for a license.
9 The Department shall issue a license to an applicant
10completing an application in accordance with Section 30 of this
11Act if the person:
12 (1) is at least 21 years of age;
13 (2) has a currently valid Firearm Owner's
14 Identification Card and at the time of application meets
15 the requirements for the issuance of a Firearm Owner's
16 Identification Card and is not prohibited under State or
17 the Firearm Owners Identification Card Act or federal law
18 from possessing or receiving a firearm;
19 (3) has not been convicted or found guilty in this
20 State or in any other state of:
21 (A) a misdemeanor involving the use or threat of
22 physical force or violence to any person within the 5
23 years preceding the date of the license application; or

HB4067- 58 -LRB101 15932 RLC 65292 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 firearm;
9 (5) has not been in residential or court-ordered
10 treatment for alcoholism, alcohol detoxification, or drug
11 treatment within the 5 years immediately preceding the date
12 of the license application; and
13 (6) has completed firearms training and any education
14 component required under Section 75 of this Act.
15(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
16 (430 ILCS 66/30)
17 Sec. 30. Contents of license application.
18 (a) The license application shall be in writing, under
19penalty of perjury, on a standard form adopted by the
20Department and shall be accompanied by the documentation
21required in this Section and the applicable fee. Each
22application form shall include the following statement printed
23in bold type: "Warning: Entering false information on this form
24is punishable as perjury under Section 32-2 of the Criminal
25Code of 2012."

HB4067- 59 -LRB101 15932 RLC 65292 b
1 (b) The application shall contain the following:
2 (1) the applicant's name, current address, date and
3 year of birth, place of birth, height, weight, hair color,
4 eye color, maiden name or any other name the applicant has
5 used or identified with, and any address where the
6 applicant resided for more than 30 days within the 10 years
7 preceding the date of the license application;
8 (2) the applicant's valid driver's license number or
9 valid state identification card number;
10 (3) a waiver of the applicant's privacy and
11 confidentiality rights and privileges under all federal
12 and state laws, including those limiting access to juvenile
13 court, criminal justice, psychological, or psychiatric
14 records or records relating to any institutionalization of
15 the applicant, and an affirmative request that a person
16 having custody of any of these records provide it or
17 information concerning it to the Department. The waiver
18 only applies to records sought in connection with
19 determining whether the applicant qualifies for a license
20 to carry a concealed firearm under this Act, or whether the
21 applicant remains in compliance with the Firearm Owners
22 Identification Card Act;
23 (4) an affirmation that the applicant is not prohibited
24 under State or federal law from possessing or receiving a
25 firearm possesses a currently valid Firearm Owner's
26 Identification Card and card number if possessed or notice

HB4067- 60 -LRB101 15932 RLC 65292 b
1 the applicant is applying for a Firearm Owner's
2 Identification Card in conjunction with the license
3 application;
4 (5) an affirmation that the applicant has not been
5 convicted or found guilty of:
6 (A) a felony;
7 (B) a misdemeanor involving the use or threat of
8 physical force or violence to any person within the 5
9 years preceding the date of the application; or
10 (C) 2 or more violations related to driving while
11 under the influence of alcohol, other drug or drugs,
12 intoxicating compound or compounds, or any combination
13 thereof, within the 5 years preceding the date of the
14 license application; and
15 (6) whether the applicant has failed a drug test for a
16 drug for which the applicant did not have a prescription,
17 within the previous year, and if so, the provider of the
18 test, the specific substance involved, and the date of the
19 test;
20 (7) written consent for the Department to review and
21 use the applicant's Illinois digital driver's license or
22 Illinois identification card photograph and signature;
23 (8) a full set of fingerprints submitted to the
24 Department in electronic format, provided the Department
25 may accept an application submitted without a set of
26 fingerprints in which case the Department shall be granted

HB4067- 61 -LRB101 15932 RLC 65292 b
1 30 days in addition to the 90 days provided under
2 subsection (e) of Section 10 of this Act to issue or deny a
3 license;
4 (9) a head and shoulder color photograph in a size
5 specified by the Department taken within the 30 days
6 preceding the date of the license application; and
7 (10) a photocopy of any certificates or other evidence
8 of compliance with the training requirements under this
9 Act.
10(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
11 (430 ILCS 66/40)
12 Sec. 40. Non-resident license applications.
13 (a) For the purposes of this Section, "non-resident" means
14a person who has not resided within this State for more than 30
15days and resides in another state or territory.
16 (b) The Department shall by rule allow for non-resident
17license applications from any state or territory of the United
18States with laws related to firearm ownership, possession, and
19carrying, that are substantially similar to the requirements to
20obtain a license under this Act.
21 (c) A resident of a state or territory approved by the
22Department under subsection (b) of this Section may apply for a
23non-resident license. The applicant shall apply to the
24Department and must meet all of the qualifications established
25in Section 25 of this Act, except for the Illinois residency

HB4067- 62 -LRB101 15932 RLC 65292 b
1requirement in item (xiv) of paragraph (2) of subsection (a) of
2Section 4 of the Firearm Owners Identification Card Act. The
3applicant shall submit:
4 (1) the application and documentation required under
5 Section 30 of this Act and the applicable fee;
6 (2) a notarized document stating that the applicant:
7 (A) is eligible under federal law and the laws of
8 his or her state or territory of residence to own or
9 possess a firearm;
10 (B) if applicable, has a license or permit to carry
11 a firearm or concealed firearm issued by his or her
12 state or territory of residence and attach a copy of
13 the license or permit to the application;
14 (C) understands Illinois laws pertaining to the
15 possession and transport of firearms; and
16 (D) acknowledges that the applicant is subject to
17 the jurisdiction of the Department and Illinois courts
18 for any violation of this Act;
19 (3) a photocopy of any certificates or other evidence
20 of compliance with the training requirements under Section
21 75 of this Act; and
22 (4) a head and shoulder color photograph in a size
23 specified by the Department taken within the 30 days
24 preceding the date of the application.
25 (d) In lieu of an Illinois driver's license or Illinois
26identification card, a non-resident applicant shall provide

HB4067- 63 -LRB101 15932 RLC 65292 b
1similar documentation from his or her state or territory of
2residence. The applicant shall submit In lieu of a valid
3Firearm Owner's Identification Card, the applicant shall
4submit documentation and information required by the
5Department to obtain a Firearm Owner's Identification Card,
6including an affidavit that the non-resident meets the mental
7health standards to obtain a firearm under Illinois law, and
8the Department shall ensure that the applicant would meet the
9eligibility criteria under State law to possess a firearm to
10obtain a Firearm Owner's Identification card if he or she was a
11resident of this State.
12 (e) Nothing in this Act shall prohibit a non-resident from
13transporting a concealed firearm within his or her vehicle in
14Illinois, if the concealed firearm remains within his or her
15vehicle and the non-resident:
16 (1) is not prohibited from owning or possessing a
17 firearm under federal law;
18 (2) is eligible to carry a firearm in public under the
19 laws of his or her state or territory of residence, as
20 evidenced by the possession of a concealed carry license or
21 permit issued by his or her state of residence, if
22 applicable; and
23 (3) is not in possession of a license under this Act.
24 If the non-resident leaves his or her vehicle unattended,
25he or she shall store the firearm within a locked vehicle or
26locked container within the vehicle in accordance with

HB4067- 64 -LRB101 15932 RLC 65292 b
1subsection (b) of Section 65 of this Act.
2(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
3eff. 7-20-15.)
4 (430 ILCS 66/70)
5 Sec. 70. Violations.
6 (a) A license issued or renewed under this Act shall be
7revoked if, at any time, the licensee is found to be ineligible
8for a license under this Act or the licensee is prohibited from
9possessing a firearm under State or federal law no longer meets
10the eligibility requirements of the Firearm Owners
11Identification Card Act.
12 (b) A license shall be suspended if an order of protection,
13including an emergency order of protection, plenary order of
14protection, or interim order of protection under Article 112A
15of the Code of Criminal Procedure of 1963 or under the Illinois
16Domestic Violence Act of 1986, or if a firearms restraining
17order, including an emergency firearms restraining order,
18under the Firearms Restraining Order Act, is issued against a
19licensee for the duration of the order, or if the Department is
20made aware of a similar order issued against the licensee in
21any other jurisdiction. If an order of protection is issued
22against a licensee, the licensee shall surrender the license,
23as applicable, to the court at the time the order is entered or
24to the law enforcement agency or entity serving process at the
25time the licensee is served the order. The court, law

HB4067- 65 -LRB101 15932 RLC 65292 b
1enforcement agency, or entity responsible for serving the order
2of protection shall notify the Department within 7 days and
3transmit the license to the Department.
4 (c) A license is invalid upon expiration of the license,
5unless the licensee has submitted an application to renew the
6license, and the applicant is otherwise eligible to possess a
7license under this Act.
8 (d) A licensee shall not carry a concealed firearm while
9under the influence of alcohol, other drug or drugs,
10intoxicating compound or combination of compounds, or any
11combination thereof, under the standards set forth in
12subsection (a) of Section 11-501 of the Illinois Vehicle Code.
13 A licensee in violation of this subsection (d) shall be
14guilty of a Class A misdemeanor for a first or second violation
15and a Class 4 felony for a third violation. The Department may
16suspend a license for up to 6 months for a second violation and
17shall permanently revoke a license for a third violation.
18 (e) Except as otherwise provided, a licensee in violation
19of this Act shall be guilty of a Class B misdemeanor. A second
20or subsequent violation is a Class A misdemeanor. The
21Department may suspend a license for up to 6 months for a
22second violation and shall permanently revoke a license for 3
23or more violations of Section 65 of this Act. Any person
24convicted of a violation under this Section shall pay a $150
25fee to be deposited into the Mental Health Reporting Fund, plus
26any applicable court costs or fees.

HB4067- 66 -LRB101 15932 RLC 65292 b
1 (f) A licensee convicted or found guilty of a violation of
2this Act who has a valid license and is otherwise eligible to
3carry a concealed firearm shall only be subject to the
4penalties under this Section and shall not be subject to the
5penalties under Section 21-6, paragraph (4), (8), or (10) of
6subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
7of paragraph (3) of subsection (a) of Section 24-1.6 of the
8Criminal Code of 2012. Except as otherwise provided in this
9subsection, nothing in this subsection prohibits the licensee
10from being subjected to penalties for violations other than
11those specified in this Act.
12 (g) A licensee whose license is revoked, suspended, or
13denied shall, within 48 hours of receiving notice of the
14revocation, suspension, or denial, surrender his or her
15concealed carry license to the local law enforcement agency
16where the person resides. The local law enforcement agency
17shall provide the licensee a receipt and transmit the concealed
18carry license to the Department of State Police. If the
19licensee whose concealed carry license has been revoked,
20suspended, or denied fails to comply with the requirements of
21this subsection, the law enforcement agency where the person
22resides may petition the circuit court to issue a warrant to
23search for and seize the concealed carry license in the
24possession and under the custody or control of the licensee
25whose concealed carry license has been revoked, suspended, or
26denied. The observation of a concealed carry license in the

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1possession of a person whose license has been revoked,
2suspended, or denied constitutes a sufficient basis for the
3arrest of that person for violation of this subsection. A
4violation of this subsection is a Class A misdemeanor.
5 (h) (Blank). A license issued or renewed under this Act
6shall be revoked if, at any time, the licensee is found
7ineligible for a Firearm Owner's Identification Card, or the
8licensee no longer possesses a valid Firearm Owner's
9Identification Card. A licensee whose license is revoked under
10this subsection (h) shall surrender his or her concealed carry
11license as provided for in subsection (g) of this Section.
12 This subsection shall not apply to a person who has filed
13an application with the State Police for renewal of a Firearm
14Owner's Identification Card and who is not otherwise ineligible
15to obtain a Firearm Owner's Identification Card.
16 (i) A certified firearms instructor who knowingly provides
17or offers to provide a false certification that an applicant
18has completed firearms training as required under this Act is
19guilty of a Class A misdemeanor. A person guilty of a violation
20of this subsection (i) is not eligible for court supervision.
21The Department shall permanently revoke the firearms
22instructor certification of a person convicted under this
23subsection (i).
24(Source: P.A. 100-607, eff. 1-1-19.)
25 (430 ILCS 66/80)

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

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

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1student is determined to pose a clear and present danger to
2himself, herself, or to others, within 24 hours of the
3determination as provided in Section 6-103.3 of the Mental
4Health and Developmental Disabilities Code. "Clear and present
5danger" has the meaning as provided in paragraph (2) of the
6definition of "clear and present danger" in Section 6-103.3 of
7the Mental Health and Developmental Disabilities Code 1.1 of
8the Firearm Owners Identification Card Act.
9(Source: P.A. 98-63, eff. 7-9-13.)
10 Section 70. The Firearm Dealer License Certification Act is
11amended by changing Sections 5-20 and 5-25 as follows:
12 (430 ILCS 68/5-20)
13 Sec. 5-20. Additional licensee requirements.
14 (a) A certified licensee shall make a photo copy of a
15buyer's or transferee's valid photo identification card
16whenever a firearm sale transaction takes place. The photo copy
17shall be attached to the documentation detailing the record of
18sale.
19 (b) A certified licensee shall post in a conspicuous
20position on the premises where the licensee conducts business a
21sign that contains the following warning in block letters not
22less than one inch in height:
23 "With few exceptions enumerated in the Criminal Code of
24 2012 Firearm Owners Identification Card Act, it is unlawful

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

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

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1 museum, or institutional collection;
2 (7) transfers by a law enforcement or corrections
3 agency or a law enforcement or corrections officer acting
4 within the course and scope of his or her official duties;
5 (8) (blank); transfers to a State or local law
6 enforcement agency by a person who has his or her Firearm
7 Owner's Identification Card revoked;
8 (9) transfers of curios and relics, as defined under
9 federal law, between collectors licensed under subsection
10 (b) of Section 923 of the federal Gun Control Act of 1968;
11 (10) transfers by a person or entity licensed as an
12 auctioneer under the Auction License Act;
13 (10.5) transfers of firearms to a resident registered
14 competitor or attendee or non-resident registered
15 competitor or attendee by a licensed federal firearms
16 dealer under Section 923 of the federal Gun Control Act of
17 1968 at a competitive shooting event held at the World
18 Shooting and Recreational Complex that is sanctioned by a
19 national governing body; or
20 (11) transfers between a pawnshop and a customer which
21 amount to a bailment. For purposes of this paragraph (11),
22 "bailment" means the act of placing property in the custody
23 and control of another, by agreement in which the holder is
24 responsible for the safekeeping and return of the property.
25(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)

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1 Section 75. The Wildlife Code is amended by changing
2Sections 3.2 and 3.2a as follows:
3 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
4 Sec. 3.2. Hunting license; application; instruction.
5Before the Department or any county, city, village, township,
6incorporated town clerk or his duly designated agent or any
7other person authorized or designated by the Department to
8issue hunting licenses shall issue a hunting license to any
9person, the person shall file his application with the
10Department or other party authorized to issue licenses on a
11form provided by the Department and further give definite proof
12of identity and place of legal residence. Each clerk
13designating agents to issue licenses and stamps shall furnish
14the Department, within 10 days following the appointment, the
15names and mailing addresses of the agents. Each clerk or his
16duly designated agent shall be authorized to sell licenses and
17stamps only within the territorial area for which he was
18elected or appointed. No duly designated agent is authorized to
19furnish licenses or stamps for issuance by any other business
20establishment. Each application shall be executed and sworn to
21and shall set forth the name and description of the applicant
22and place of residence.
23 No hunting license shall be issued to any person born on or
24after January 1, 1980 unless he presents the person authorized
25to issue the license evidence that he has held a hunting

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1license issued by the State of Illinois or another state in a
2prior year, or a certificate of competency as provided in this
3Section. Persons under 18 years of age may be issued a Lifetime
4Hunting or Sportsmen's Combination License as provided under
5Section 20-45 of the Fish and Aquatic Life Code but shall not
6be entitled to hunt alone, without the supervision of an adult
7age 21 or older, unless they have a certificate of competency
8as provided in this Section and the certificate is in their
9possession while hunting.
10 The Department of Natural Resources shall authorize
11personnel of the Department or certified volunteer instructors
12to conduct courses, of not less than 10 hours in length, in
13firearms and hunter safety, which may include training in bow
14and arrow safety, at regularly specified intervals throughout
15the State. Persons successfully completing the course shall
16receive a certificate of competency. The Department of Natural
17Resources may further cooperate with any reputable association
18or organization in establishing courses if the organization has
19as one of its objectives the promotion of safety in the
20handling of firearms or bow and arrow.
21 The Department of Natural Resources shall designate any
22person found by it to be competent to give instruction in the
23handling of firearms, hunter safety, and bow and arrow. The
24persons so appointed shall give the course of instruction and
25upon the successful completion shall issue to the person
26instructed a certificate of competency in the safe handling of

HB4067- 76 -LRB101 15932 RLC 65292 b
1firearms, hunter safety, and bow and arrow. No charge shall be
2made for any course of instruction except for materials or
3ammunition consumed. The Department of Natural Resources shall
4furnish information on the requirements of hunter safety
5education programs to be distributed free of charge to
6applicants for hunting licenses by the persons appointed and
7authorized to issue licenses. Funds for the conducting of
8firearms and hunter safety courses shall be taken from the fee
9charged for the Firearm Owners Identification Card.
10 The fee for a hunting license to hunt all species for a
11resident of Illinois is $12. For residents age 65 or older,
12and, commencing with the 2012 license year, resident veterans
13of the United States Armed Forces after returning from service
14abroad or mobilization by the President of the United States,
15the fee is one-half of the fee charged for a hunting license to
16hunt all species for a resident of Illinois. Veterans must
17provide to the Department, at one of the Department's 5
18regional offices, verification of their service. The
19Department shall establish what constitutes suitable
20verification of service for the purpose of issuing resident
21veterans hunting licenses at a reduced fee. The fee for a
22hunting license to hunt all species shall be $1 for residents
23over 75 years of age. Nonresidents shall be charged $57 for a
24hunting license.
25 Nonresidents may be issued a nonresident hunting license
26for a period not to exceed 10 consecutive days' hunting in the

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1State and shall be charged a fee of $35.
2 A special nonresident hunting license authorizing a
3nonresident to take game birds by hunting on a game breeding
4and hunting preserve area only, established under Section 3.27,
5shall be issued upon proper application being made and payment
6of a fee equal to that for a resident hunting license. The
7expiration date of this license shall be on the same date each
8year that game breeding and hunting preserve area licenses
9expire.
10 Each applicant for a State Migratory Waterfowl Stamp,
11regardless of his residence or other condition, shall pay a fee
12of $15 and shall receive a stamp. The fee for a State Migratory
13Waterfowl Stamp shall be waived for residents over 75 years of
14age. Except as provided under Section 20-45 of the Fish and
15Aquatic Life Code, the stamp shall be signed by the person or
16affixed to his license or permit in a space designated by the
17Department for that purpose.
18 Each applicant for a State Habitat Stamp, regardless of his
19residence or other condition, shall pay a fee of $5 and shall
20receive a stamp. The fee for a State Habitat Stamp shall be
21waived for residents over 75 years of age. Except as provided
22under Section 20-45 of the Fish and Aquatic Life Code, the
23stamp shall be signed by the person or affixed to his license
24or permit in a space designated by the Department for that
25purpose.
26 Nothing in this Section shall be construed as to require

HB4067- 78 -LRB101 15932 RLC 65292 b
1the purchase of more than one State Habitat Stamp by any person
2in any one license year.
3 The fees for State Pheasant Stamps and State Furbearer
4Stamps shall be waived for residents over 75 years of age.
5 The Department shall furnish the holders of hunting
6licenses and stamps with an insignia as evidence of possession
7of license, or license and stamp, as the Department may
8consider advisable. The insignia shall be exhibited and used as
9the Department may order.
10 All other hunting licenses and all State stamps shall
11expire upon March 31 of each year.
12 Every person holding any license, permit, or stamp issued
13under the provisions of this Act shall have it in his
14possession for immediate presentation for inspection to the
15officers and authorized employees of the Department, any
16sheriff, deputy sheriff, or any other peace officer making a
17demand for it. This provision shall not apply to Department
18owned or managed sites where it is required that all hunters
19deposit their license or , permit, or Firearm Owner's
20Identification Card at the check station upon entering the
21hunting areas.
22(Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)
23 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
24 Sec. 3.2a. Every person holding any license, permit or
25stamp issued under the provisions hereof shall have it in his

HB4067- 79 -LRB101 15932 RLC 65292 b
1possession for immediate presentation for inspection to the
2officers and authorized employees of the Department, any
3sheriff, deputy sheriff or any other peace officer making a
4demand for it. This provision shall not apply to Department
5owned or managed sites where it is required that all hunters
6deposit their license or , permit or Firearm Owner's
7Identification Card at the check station upon entering the
8hunting areas.
9(Source: P.A. 85-152.)
10 Section 80. The Criminal Code of 2012 is amended by
11changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
1224-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3B, 24-3.1, 24-3.2,
1324-3.4, 24-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as
14follows:
15 (720 ILCS 5/2-7.1)
16 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
17"Firearm "Firearm" and "firearm ammunition" means any
18self-contained cartridge or shotgun shell, by whatever name
19known, which is designed to be used or adaptable to use in a
20firearm; excluding, however:
21 (1) any ammunition exclusively designed for use with a
22device used exclusively for signalling or safety and required
23or recommended by the United States Coast Guard or the
24Interstate Commerce Commission; and

HB4067- 80 -LRB101 15932 RLC 65292 b
1 (2) any ammunition designed exclusively for use with a stud
2or rivet driver or other similar industrial ammunition have the
3meanings ascribed to them in Section 1.1 of the Firearm Owners
4Identification Card Act.
5(Source: P.A. 91-544, eff. 1-1-00.)
6 (720 ILCS 5/2-7.5)
7 Sec. 2-7.5. "Firearm". Except as otherwise provided in a
8specific Section, "firearm" means any device, by whatever name
9known, which is designed to expel a projectile or projectiles
10by the action of an explosion, expansion of gas or escape of
11gas; excluding, however:
12 (1) any pneumatic gun, spring gun, paint ball gun, or B-B
13gun which expels a single globular projectile not exceeding .18
14inch in diameter or which has a maximum muzzle velocity of less
15than 700 feet per second;
16 (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B
17gun which expels breakable paint balls containing washable
18marking colors;
19 (2) any device used exclusively for signalling or safety
20and required or recommended by the United States Coast Guard or
21the Interstate Commerce Commission;
22 (3) any device used exclusively for the firing of stud
23cartridges, explosive rivets, or similar industrial
24ammunition; and
25 (4) an antique firearm (other than a machine-gun) which,

HB4067- 81 -LRB101 15932 RLC 65292 b
1although designed as a weapon, the Illinois State Police finds
2by reason of the date of its manufacture, value, design, and
3other characteristics is primarily a collector's item and is
4not likely to be used as a weapon has the meaning ascribed to
5it in Section 1.1 of the Firearm Owners Identification Card
6Act.
7(Source: P.A. 95-331, eff. 8-21-07.)
8 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
9 Sec. 12-3.05. Aggravated battery.
10 (a) Offense based on injury. A person commits aggravated
11battery when, in committing a battery, other than by the
12discharge of a firearm, he or she knowingly does any of the
13following:
14 (1) Causes great bodily harm or permanent disability or
15 disfigurement.
16 (2) Causes severe and permanent disability, great
17 bodily harm, or disfigurement by means of a caustic or
18 flammable substance, a poisonous gas, a deadly biological
19 or chemical contaminant or agent, a radioactive substance,
20 or a bomb or explosive compound.
21 (3) Causes great bodily harm or permanent disability or
22 disfigurement to an individual whom the person knows to be
23 a peace officer, community policing volunteer, fireman,
24 private security officer, correctional institution
25 employee, or Department of Human Services employee

HB4067- 82 -LRB101 15932 RLC 65292 b
1 supervising or controlling sexually dangerous persons or
2 sexually violent persons:
3 (i) performing his or her official duties;
4 (ii) battered to prevent performance of his or her
5 official duties; or
6 (iii) battered in retaliation for performing his
7 or her official duties.
8 (4) Causes great bodily harm or permanent disability or
9 disfigurement to an individual 60 years of age or older.
10 (5) Strangles another individual.
11 (b) Offense based on injury to a child or person with an
12intellectual disability. A person who is at least 18 years of
13age commits aggravated battery when, in committing a battery,
14he or she knowingly and without legal justification by any
15means:
16 (1) causes great bodily harm or permanent disability or
17 disfigurement to any child under the age of 13 years, or to
18 any person with a severe or profound intellectual
19 disability; or
20 (2) causes bodily harm or disability or disfigurement
21 to any child under the age of 13 years or to any person
22 with a severe or profound intellectual disability.
23 (c) Offense based on location of conduct. A person commits
24aggravated battery when, in committing a battery, other than by
25the discharge of a firearm, he or she is or the person battered
26is on or about a public way, public property, a public place of

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

HB4067- 84 -LRB101 15932 RLC 65292 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 (6) An officer or employee of the State of Illinois, a
6 unit of local government, or a school district, while
7 performing his or her official duties.
8 (7) A transit employee performing his or her official
9 duties, or a transit passenger.
10 (8) A taxi driver on duty.
11 (9) A merchant who detains the person for an alleged
12 commission of retail theft under Section 16-26 of this Code
13 and the person without legal justification by any means
14 causes bodily harm to the merchant.
15 (10) A person authorized to serve process under Section
16 2-202 of the Code of Civil Procedure or a special process
17 server appointed by the circuit court while that individual
18 is in the performance of his or her duties as a process
19 server.
20 (11) A nurse while in the performance of his or her
21 duties as a nurse.
22 (e) Offense based on use of a firearm. A person commits
23aggravated battery when, in committing a battery, he or she
24knowingly does any of the following:
25 (1) Discharges a firearm, other than a machine gun or a
26 firearm equipped with a silencer, and causes any injury to

HB4067- 85 -LRB101 15932 RLC 65292 b
1 another person.
2 (2) Discharges a firearm, other than a machine gun or a
3 firearm equipped with a silencer, and causes any injury to
4 a person he or she knows to be a peace officer, community
5 policing volunteer, person summoned by a police officer,
6 fireman, private security officer, correctional
7 institution employee, or emergency management worker:
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 (3) Discharges a firearm, other than a machine gun or a
14 firearm equipped with a silencer, and causes any injury to
15 a person he or she knows to be emergency medical services
16 personnel:
17 (i) performing his or her official duties;
18 (ii) battered to prevent performance of his or her
19 official duties; or
20 (iii) battered in retaliation for performing his
21 or her official duties.
22 (4) Discharges a firearm and causes any injury to a
23 person he or she knows to be a teacher, a student in a
24 school, or a school employee, and the teacher, student, or
25 employee is upon school grounds or grounds adjacent to a
26 school or in any part of a building used for school

HB4067- 86 -LRB101 15932 RLC 65292 b
1 purposes.
2 (5) Discharges a machine gun or a firearm equipped with
3 a silencer, and causes any injury to another person.
4 (6) Discharges a machine gun or a firearm equipped with
5 a silencer, and causes any injury to a person he or she
6 knows to be a peace officer, community policing volunteer,
7 person summoned by a police officer, fireman, private
8 security officer, correctional institution employee or
9 emergency management worker:
10 (i) performing his or her official duties;
11 (ii) battered to prevent performance of his or her
12 official duties; or
13 (iii) battered in retaliation for performing his
14 or her official duties.
15 (7) Discharges a machine gun or a firearm equipped with
16 a silencer, and causes any injury to a person he or she
17 knows to be emergency medical services personnel:
18 (i) performing his or her official duties;
19 (ii) battered to prevent performance of his or her
20 official duties; or
21 (iii) battered in retaliation for performing his
22 or her official duties.
23 (8) Discharges a machine gun or a firearm equipped with
24 a silencer, and causes any injury to a person he or she
25 knows to be a teacher, or a student in a school, or a
26 school employee, and the teacher, student, or employee is

HB4067- 87 -LRB101 15932 RLC 65292 b
1 upon school grounds or grounds adjacent to a school or in
2 any part of a building used for school purposes.
3 (f) Offense based on use of a weapon or device. A person
4commits aggravated battery when, in committing a battery, he or
5she does any of the following:
6 (1) Uses a deadly weapon other than by discharge of a
7 firearm, or uses an air rifle as defined in Section
8 24.8-0.1 of this Code.
9 (2) Wears a hood, robe, or mask to conceal his or her
10 identity.
11 (3) Knowingly and without lawful justification shines
12 or flashes a laser gunsight or other laser device attached
13 to a firearm, or used in concert with a firearm, so that
14 the laser beam strikes upon or against the person of
15 another.
16 (4) Knowingly video or audio records the offense with
17 the intent to disseminate the recording.
18 (g) Offense based on certain conduct. A person commits
19aggravated battery when, other than by discharge of a firearm,
20he or she does any of the following:
21 (1) Violates Section 401 of the Illinois Controlled
22 Substances Act by unlawfully delivering a controlled
23 substance to another and any user experiences great bodily
24 harm or permanent disability as a result of the injection,
25 inhalation, or ingestion of any amount of the controlled
26 substance.

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

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

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

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1 "Building or other structure used to provide shelter" has
2the meaning ascribed to "shelter" in Section 1 of the Domestic
3Violence Shelters Act.
4 "Domestic violence" has the meaning ascribed to it in
5Section 103 of the Illinois Domestic Violence Act of 1986.
6 "Domestic violence shelter" means any building or other
7structure used to provide shelter or other services to victims
8or to the dependent children of victims of domestic violence
9pursuant to the Illinois Domestic Violence Act of 1986 or the
10Domestic Violence Shelters Act, or any place within 500 feet of
11such a building or other structure in the case of a person who
12is going to or from such a building or other structure.
13 "Firearm" has the meaning provided under Section 2-7.5 of
14this Code 1.1 of the Firearm Owners Identification Card Act,
15and does not include an air rifle as defined by Section
1624.8-0.1 of this Code.
17 "Machine gun" has the meaning ascribed to it in Section
1824-1 of this Code.
19 "Merchant" has the meaning ascribed to it in Section 16-0.1
20of this Code.
21 "Strangle" means intentionally impeding the normal
22breathing or circulation of the blood of an individual by
23applying pressure on the throat or neck of that individual or
24by blocking the nose or mouth of that individual.
25(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)

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1 (720 ILCS 5/16-0.1)
2 Sec. 16-0.1. Definitions. In this Article, unless the
3context clearly requires otherwise, the following terms are
4defined as indicated:
5 "Access" means to use, instruct, communicate with, store
6data in, retrieve or intercept data from, or otherwise utilize
7any services of a computer.
8 "Coin-operated machine" includes any automatic vending
9machine or any part thereof, parking meter, coin telephone,
10coin-operated transit turnstile, transit fare box, coin
11laundry machine, coin dry cleaning machine, amusement machine,
12music machine, vending machine dispensing goods or services, or
13money changer.
14 "Communication device" means any type of instrument,
15device, machine, or equipment which is capable of transmitting,
16acquiring, decrypting, or receiving any telephonic,
17electronic, data, Internet access, audio, video, microwave, or
18radio transmissions, signals, communications, or services,
19including the receipt, acquisition, transmission, or
20decryption of all such communications, transmissions, signals,
21or services provided by or through any cable television, fiber
22optic, telephone, satellite, microwave, radio, Internet-based,
23data transmission, or wireless distribution network, system or
24facility; or any part, accessory, or component thereof,
25including any computer circuit, security module, smart card,
26software, computer chip, electronic mechanism or other

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

HB4067- 94 -LRB101 15932 RLC 65292 b
1or communication service; (2) any person or entity owning or
2operating any cable television, fiber optic, satellite,
3telephone, wireless, microwave, radio, data transmission or
4Internet-based distribution network, system or facility; and
5(3) any person or entity providing any communication service
6directly or indirectly by or through any such distribution
7system, network or facility.
8 "Computer" means a device that accepts, processes, stores,
9retrieves or outputs data, and includes but is not limited to
10auxiliary storage and telecommunications devices connected to
11computers.
12 "Continuing course of conduct" means a series of acts, and
13the accompanying mental state necessary for the crime in
14question, irrespective of whether the series of acts are
15continuous or intermittent.
16 "Delivery container" means any bakery basket of wire or
17plastic used to transport or store bread or bakery products,
18any dairy case of wire or plastic used to transport or store
19dairy products, and any dolly or cart of 2 or 4 wheels used to
20transport or store any bakery or dairy product.
21 "Document-making implement" means any implement,
22impression, template, computer file, computer disc, electronic
23device, computer hardware, computer software, instrument, or
24device that is used to make a real or fictitious or fraudulent
25personal identification document.
26 "Financial transaction device" means any of the following:

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

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

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1photograph, engraving, painting, sculpture, statue, artifact,
2drawing, map, newspaper, pamphlet, broadside, magazine,
3manuscript, document, letter, microfilm, sound recording,
4audiovisual material, magnetic or other tape, electronic data
5processing record or other documentary, written or printed
6material regardless of physical form or characteristics, or any
7part thereof, belonging to, or on loan to or otherwise in the
8custody of a library facility.
9 "Manufacture or assembly of an unlawful access device"
10means to make, produce or assemble an unlawful access device or
11to modify, alter, program or re-program any instrument, device,
12machine, equipment or software so that it is capable of
13defeating or circumventing any technology, device or software
14used by the provider, owner or licensee of a communication
15service or of any data, audio or video programs or
16transmissions to protect any such communication, data, audio or
17video services, programs or transmissions from unauthorized
18access, acquisition, disclosure, receipt, decryption,
19communication, transmission or re-transmission.
20 "Manufacture or assembly of an unlawful communication
21device" means to make, produce or assemble an unlawful
22communication or wireless device or to modify, alter, program
23or reprogram a communication or wireless device to be capable
24of acquiring, disrupting, receiving, transmitting, decrypting,
25or facilitating the acquisition, disruption, receipt,
26transmission or decryption of, a communication service without

HB4067- 98 -LRB101 15932 RLC 65292 b
1the express consent or express authorization of the
2communication service provider, or to knowingly assist others
3in those activities.
4 "Master sound recording" means the original physical
5object on which a given set of sounds were first recorded and
6which the original object from which all subsequent sound
7recordings embodying the same set of sounds are directly or
8indirectly derived.
9 "Merchandise" means any item of tangible personal
10property, including motor fuel.
11 "Merchant" means an owner or operator of any retail
12mercantile establishment or any agent, employee, lessee,
13consignee, officer, director, franchisee, or independent
14contractor of the owner or operator. "Merchant" also means a
15person who receives from an authorized user of a payment card,
16or someone the person believes to be an authorized user, a
17payment card or information from a payment card, or what the
18person believes to be a payment card or information from a
19payment card, as the instrument for obtaining, purchasing or
20receiving goods, services, money, or anything else of value
21from the person.
22 "Motor fuel" means a liquid, regardless of its properties,
23used to propel a vehicle, including gasoline and diesel.
24 "Online" means the use of any electronic or wireless device
25to access the Internet.
26 "Payment card" means a credit card, charge card, debit

HB4067- 99 -LRB101 15932 RLC 65292 b
1card, or any other card that is issued to an authorized card
2user and that allows the user to obtain, purchase, or receive
3goods, services, money, or anything else of value from a
4merchant.
5 "Person with a disability" means a person who suffers from
6a physical or mental impairment resulting from disease, injury,
7functional disorder or congenital condition that impairs the
8individual's mental or physical ability to independently
9manage his or her property or financial resources, or both.
10 "Personal identification document" means a birth
11certificate, a driver's license, a State identification card, a
12public, government, or private employment identification card,
13a social security card, a license issued under the Firearm
14Concealed Carry Act firearm owner's identification card, a
15credit card, a debit card, or a passport issued to or on behalf
16of a person other than the offender, or any document made or
17issued, or falsely purported to have been made or issued, by or
18under the authority of the United States Government, the State
19of Illinois, or any other state political subdivision of any
20state, or any other governmental or quasi-governmental
21organization that is of a type intended for the purpose of
22identification of an individual, or any such document made or
23altered in a manner that it falsely purports to have been made
24on behalf of or issued to another person or by the authority of
25one who did not give that authority.
26 "Personal identifying information" means any of the

HB4067- 100 -LRB101 15932 RLC 65292 b
1following information:
2 (1) A person's name.
3 (2) A person's address.
4 (3) A person's date of birth.
5 (4) A person's telephone number.
6 (5) A person's driver's license number or State of
7 Illinois identification card as assigned by the Secretary
8 of State of the State of Illinois or a similar agency of
9 another state.
10 (6) A person's social security number.
11 (7) A person's public, private, or government
12 employer, place of employment, or employment
13 identification number.
14 (8) The maiden name of a person's mother.
15 (9) The number assigned to a person's depository
16 account, savings account, or brokerage account.
17 (10) The number assigned to a person's credit or debit
18 card, commonly known as a "Visa Card", "MasterCard",
19 "American Express Card", "Discover Card", or other similar
20 cards whether issued by a financial institution,
21 corporation, or business entity.
22 (11) Personal identification numbers.
23 (12) Electronic identification numbers.
24 (13) Digital signals.
25 (14) User names, passwords, and any other word, number,
26 character or combination of the same usable in whole or

HB4067- 101 -LRB101 15932 RLC 65292 b
1 part to access information relating to a specific
2 individual, or to the actions taken, communications made or
3 received, or other activities or transactions of a specific
4 individual.
5 (15) Any other numbers or information which can be used
6 to access a person's financial resources, or to identify a
7 specific individual, or the actions taken, communications
8 made or received, or other activities or transactions of a
9 specific individual.
10 "Premises of a retail mercantile establishment" includes,
11but is not limited to, the retail mercantile establishment; any
12common use areas in shopping centers; and all parking areas set
13aside by a merchant or on behalf of a merchant for the parking
14of vehicles for the convenience of the patrons of such retail
15mercantile establishment.
16 "Public water, gas, or power supply, or other public
17services" mean any service subject to regulation by the
18Illinois Commerce Commission; any service furnished by a public
19utility that is owned and operated by any political
20subdivision, public institution of higher education or
21municipal corporation of this State; any service furnished by
22any public utility that is owned by such political subdivision,
23public institution of higher education, or municipal
24corporation and operated by any of its lessees or operating
25agents; any service furnished by an electric cooperative as
26defined in Section 3.4 of the Electric Supplier Act; or

HB4067- 102 -LRB101 15932 RLC 65292 b
1wireless service or other service regulated by the Federal
2Communications Commission.
3 "Publish" means to communicate or disseminate information
4to any one or more persons, either orally, in person, or by
5telephone, radio or television or in writing of any kind,
6including, without limitation, a letter or memorandum,
7circular or handbill, newspaper or magazine article or book.
8 "Radio frequency identification device" means any
9implement, computer file, computer disc, electronic device,
10computer hardware, computer software, or instrument that is
11used to activate, read, receive, or decode information stored
12on a RFID tag or transponder attached to a personal
13identification document.
14 "RFID tag or transponder" means a chip or device that
15contains personal identifying information from which the
16personal identifying information can be read or decoded by
17another device emitting a radio frequency that activates or
18powers a radio frequency emission response from the chip or
19transponder.
20 "Reencoder" means an electronic device that places encoded
21information from the magnetic strip or stripe of a payment card
22onto the magnetic strip or stripe of a different payment card.
23 "Retail mercantile establishment" means any place where
24merchandise is displayed, held, stored or offered for sale to
25the public.
26 "Scanning device" means a scanner, reader, or any other

HB4067- 103 -LRB101 15932 RLC 65292 b
1electronic device that is used to access, read, scan, obtain,
2memorize, or store, temporarily or permanently, information
3encoded on the magnetic strip or stripe of a payment card.
4 "Shopping cart" means those push carts of the type or types
5which are commonly provided by grocery stores, drug stores or
6other retail mercantile establishments for the use of the
7public in transporting commodities in stores and markets and,
8incidentally, from the stores to a place outside the store.
9 "Sound or audio visual recording" means any sound or audio
10visual phonograph record, disc, pre-recorded tape, film, wire,
11magnetic tape or other object, device or medium, now known or
12hereafter invented, by which sounds or images may be reproduced
13with or without the use of any additional machine, equipment or
14device.
15 "Theft detection device remover" means any tool or device
16specifically designed and intended to be used to remove any
17theft detection device from any merchandise.
18 "Under-ring" means to cause the cash register or other
19sales recording device to reflect less than the full retail
20value of the merchandise.
21 "Unidentified sound or audio visual recording" means a
22sound or audio visual recording without the actual name and
23full and correct street address of the manufacturer, and the
24name of the actual performers or groups prominently and legibly
25printed on the outside cover or jacket and on the label of such
26sound or audio visual recording.

HB4067- 104 -LRB101 15932 RLC 65292 b
1 "Unlawful access device" means any type of instrument,
2device, machine, equipment, technology, or software which is
3primarily possessed, used, designed, assembled, manufactured,
4sold, distributed or offered, promoted or advertised for the
5purpose of defeating or circumventing any technology, device or
6software, or any component or part thereof, used by the
7provider, owner or licensee of any communication service or of
8any data, audio or video programs or transmissions to protect
9any such communication, audio or video services, programs or
10transmissions from unauthorized access, acquisition, receipt,
11decryption, disclosure, communication, transmission or
12re-transmission.
13 "Unlawful communication device" means any electronic
14serial number, mobile identification number, personal
15identification number or any communication or wireless device
16that is capable of acquiring or facilitating the acquisition of
17a communication service without the express consent or express
18authorization of the communication service provider, or that
19has been altered, modified, programmed or reprogrammed, alone
20or in conjunction with another communication or wireless device
21or other equipment, to so acquire or facilitate the
22unauthorized acquisition of a communication service. "Unlawful
23communication device" also means:
24 (1) any phone altered to obtain service without the
25 express consent or express authorization of the
26 communication service provider, tumbler phone, counterfeit

HB4067- 105 -LRB101 15932 RLC 65292 b
1 or clone phone, tumbler microchip, counterfeit or clone
2 microchip, scanning receiver of wireless communication
3 service or other instrument capable of disguising its
4 identity or location or of gaining unauthorized access to a
5 communications or wireless system operated by a
6 communication service provider; and
7 (2) any communication or wireless device which is
8 capable of, or has been altered, designed, modified,
9 programmed or reprogrammed, alone or in conjunction with
10 another communication or wireless device or devices, so as
11 to be capable of, facilitating the disruption,
12 acquisition, receipt, transmission or decryption of a
13 communication service without the express consent or
14 express authorization of the communication service
15 provider, including, but not limited to, any device,
16 technology, product, service, equipment, computer software
17 or component or part thereof, primarily distributed, sold,
18 designed, assembled, manufactured, modified, programmed,
19 reprogrammed or used for the purpose of providing the
20 unauthorized receipt of, transmission of, disruption of,
21 decryption of, access to or acquisition of any
22 communication service provided by any communication
23 service provider.
24 "Vehicle" means a motor vehicle, motorcycle, or farm
25implement that is self-propelled and that uses motor fuel for
26propulsion.

HB4067- 106 -LRB101 15932 RLC 65292 b
1 "Wireless device" includes any type of instrument, device,
2machine, or equipment that is capable of transmitting or
3receiving telephonic, electronic or radio communications, or
4any part of such instrument, device, machine, or equipment, or
5any computer circuit, computer chip, electronic mechanism, or
6other component that is capable of facilitating the
7transmission or reception of telephonic, electronic, or radio
8communications.
9(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
101-1-12; 97-1109, eff. 1-1-13.)
11 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
12 Sec. 17-30. Defaced, altered, or removed manufacturer or
13owner identification number.
14 (a) Unlawful sale of household appliances. A person commits
15unlawful sale of household appliances when he or she knowingly,
16with the intent to defraud or deceive another, keeps for sale,
17within any commercial context, any household appliance with a
18missing, defaced, obliterated, or otherwise altered
19manufacturer's identification number.
20 (b) Construction equipment identification defacement. A
21person commits construction equipment identification
22defacement when he or she knowingly changes, alters, removes,
23mutilates, or obliterates a permanently affixed serial number,
24product identification number, part number, component
25identification number, owner-applied identification, or other

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

HB4067- 108 -LRB101 15932 RLC 65292 b
1she knowingly removes, alters, defaces, covers, or destroys the
2manufacturer's serial number or any other manufacturer's
3number or distinguishing identification mark upon any machine
4or other article of merchandise, other than a motor vehicle as
5defined in Section 1-146 of the Illinois Vehicle Code or a
6firearm as defined in the Firearm Owners Identification Card
7Act, with the intent of concealing or destroying the identity
8of such machine or other article of merchandise.
9 (d) Sentence.
10 (1) A violation of subsection (a) of this Section is a
11 Class 4 felony if the value of the appliance or appliances
12 exceeds $1,000 and a Class B misdemeanor if the value of
13 the appliance or appliances is $1,000 or less.
14 (2) A violation of subsection (b) of this Section is a
15 Class A misdemeanor.
16 (3) A violation of subsection (c) of this Section is a
17 Class B misdemeanor.
18 (e) No liability shall be imposed upon any person for the
19unintentional failure to comply with subsection (a).
20 (f) Definitions. In this Section:
21 "Commercial context" means a continuing business
22enterprise conducted for profit by any person whose primary
23business is the wholesale or retail marketing of household
24appliances, or a significant portion of whose business or
25inventory consists of household appliances kept or sold on a
26wholesale or retail basis.

HB4067- 109 -LRB101 15932 RLC 65292 b
1 "Household appliance" means any gas or electric device or
2machine marketed for use as home entertainment or for
3facilitating or expediting household tasks or chores. The term
4shall include but not necessarily be limited to refrigerators,
5freezers, ranges, radios, television sets, vacuum cleaners,
6toasters, dishwashers, and other similar household items.
7 "Manufacturer's identification number" means any serial
8number or other similar numerical or alphabetical designation
9imprinted upon or attached to or placed, stamped, or otherwise
10imprinted upon or attached to a household appliance or item by
11the manufacturer for purposes of identifying a particular
12appliance or item individually or by lot number.
13(Source: P.A. 96-1551, eff. 7-1-11.)
14 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
15 Sec. 24-1. Unlawful use of weapons.
16 (a) A person commits the offense of unlawful use of weapons
17when he knowingly:
18 (1) Sells, manufactures, purchases, possesses or
19 carries any bludgeon, black-jack, slung-shot, sand-club,
20 sand-bag, metal knuckles or other knuckle weapon
21 regardless of its composition, throwing star, or any knife,
22 commonly referred to as a switchblade knife, which has a
23 blade that opens automatically by hand pressure applied to
24 a button, spring or other device in the handle of the
25 knife, or a ballistic knife, which is a device that propels

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

HB4067- 111 -LRB101 15932 RLC 65292 b
1 (i) are broken down in a non-functioning state; or
2 (ii) are not immediately accessible; or
3 (iii) are unloaded and enclosed in a case, firearm
4 carrying box, shipping box, or other container by a
5 person eligible under State and federal law to possess
6 a firearm who has been issued a currently valid Firearm
7 Owner's Identification Card; or
8 (iv) are carried or possessed in accordance with
9 the Firearm Concealed Carry Act by a person who has
10 been issued a currently valid license under the Firearm
11 Concealed Carry Act; or
12 (5) Sets a spring gun; or
13 (6) Possesses any device or attachment of any kind
14 designed, used or intended for use in silencing the report
15 of any firearm; or
16 (7) Sells, manufactures, purchases, possesses or
17 carries:
18 (i) a machine gun, which shall be defined for the
19 purposes of this subsection as any weapon, which
20 shoots, is designed to shoot, or can be readily
21 restored to shoot, automatically more than one shot
22 without manually reloading by a single function of the
23 trigger, including the frame or receiver of any such
24 weapon, or sells, manufactures, purchases, possesses,
25 or carries any combination of parts designed or
26 intended for use in converting any weapon into a

HB4067- 112 -LRB101 15932 RLC 65292 b
1 machine gun, or any combination or parts from which a
2 machine gun can be assembled if such parts are in the
3 possession or under the control of a person;
4 (ii) any rifle having one or more barrels less than
5 16 inches in length or a shotgun having one or more
6 barrels less than 18 inches in length or any weapon
7 made from a rifle or shotgun, whether by alteration,
8 modification, or otherwise, if such a weapon as
9 modified has an overall length of less than 26 inches;
10 or
11 (iii) any bomb, bomb-shell, grenade, bottle or
12 other container containing an explosive substance of
13 over one-quarter ounce for like purposes, such as, but
14 not limited to, black powder bombs and Molotov
15 cocktails or artillery projectiles; or
16 (8) Carries or possesses any firearm, stun gun or taser
17 or other deadly weapon in any place which is licensed to
18 sell intoxicating beverages, or at any public gathering
19 held pursuant to a license issued by any governmental body
20 or any public gathering at which an admission is charged,
21 excluding a place where a showing, demonstration or lecture
22 involving the exhibition of unloaded firearms is
23 conducted.
24 This subsection (a)(8) does not apply to any auction or
25 raffle of a firearm held pursuant to a license or permit
26 issued by a governmental body, nor does it apply to persons

HB4067- 113 -LRB101 15932 RLC 65292 b
1 engaged in firearm safety training courses; or
2 (9) Carries or possesses in a vehicle or on or about
3 his or her person any pistol, revolver, stun gun or taser
4 or firearm or ballistic knife, when he or she is hooded,
5 robed or masked in such manner as to conceal his or her
6 identity; or
7 (10) Carries or possesses on or about his or her
8 person, upon any public street, alley, or other public
9 lands within the corporate limits of a city, village, or
10 incorporated town, except when an invitee thereon or
11 therein, for the purpose of the display of such weapon or
12 the lawful commerce in weapons, or except when on his land
13 or in his or her own abode, legal dwelling, or fixed place
14 of business, or on the land or in the legal dwelling of
15 another person as an invitee with that person's permission,
16 any pistol, revolver, stun gun, or taser or other firearm,
17 except that this subsection (a) (10) does not apply to or
18 affect transportation of weapons that meet one of the
19 following conditions:
20 (i) are broken down in a non-functioning state; or
21 (ii) are not immediately accessible; or
22 (iii) are unloaded and enclosed in a case, firearm
23 carrying box, shipping box, or other container by a
24 person eligible under State and federal law to possess
25 a firearm who has been issued a currently valid Firearm
26 Owner's Identification Card; or

HB4067- 114 -LRB101 15932 RLC 65292 b
1 (iv) are carried or possessed in accordance with
2 the Firearm Concealed Carry Act by a person who has
3 been issued a currently valid license under the Firearm
4 Concealed Carry Act.
5 A "stun gun or taser", as used in this paragraph (a)
6 means (i) any device which is powered by electrical
7 charging units, such as, batteries, and which fires one or
8 several barbs attached to a length of wire and which, upon
9 hitting a human, can send out a current capable of
10 disrupting the person's nervous system in such a manner as
11 to render him incapable of normal functioning or (ii) any
12 device which is powered by electrical charging units, such
13 as batteries, and which, upon contact with a human or
14 clothing worn by a human, can send out current capable of
15 disrupting the person's nervous system in such a manner as
16 to render him incapable of normal functioning; or
17 (11) Sells, manufactures, or purchases any explosive
18 bullet. For purposes of this paragraph (a) "explosive
19 bullet" means the projectile portion of an ammunition
20 cartridge which contains or carries an explosive charge
21 which will explode upon contact with the flesh of a human
22 or an animal. "Cartridge" means a tubular metal case having
23 a projectile affixed at the front thereof and a cap or
24 primer at the rear end thereof, with the propellant
25 contained in such tube between the projectile and the cap;
26 or

HB4067- 115 -LRB101 15932 RLC 65292 b
1 (12) (Blank); or
2 (13) Carries or possesses on or about his or her person
3 while in a building occupied by a unit of government, a
4 billy club, other weapon of like character, or other
5 instrument of like character intended for use as a weapon.
6 For the purposes of this Section, "billy club" means a
7 short stick or club commonly carried by police officers
8 which is either telescopic or constructed of a solid piece
9 of wood or other man-made material.
10 (b) Sentence. A person convicted of a violation of
11subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
12subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
13Class A misdemeanor. A person convicted of a violation of
14subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
15person convicted of a violation of subsection 24-1(a)(6) or
1624-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
17convicted of a violation of subsection 24-1(a)(7)(i) commits a
18Class 2 felony and shall be sentenced to a term of imprisonment
19of not less than 3 years and not more than 7 years, unless the
20weapon is possessed in the passenger compartment of a motor
21vehicle as defined in Section 1-146 of the Illinois Vehicle
22Code, or on the person, while the weapon is loaded, in which
23case it shall be a Class X felony. A person convicted of a
24second or subsequent violation of subsection 24-1(a)(4),
2524-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
26felony. A person convicted of a violation of subsection

HB4067- 116 -LRB101 15932 RLC 65292 b
124-1(a)(2.5) commits a Class 2 felony. The possession of each
2weapon in violation of this Section constitutes a single and
3separate violation.
4 (c) Violations in specific places.
5 (1) A person who violates subsection 24-1(a)(6) or
6 24-1(a)(7) in any school, regardless of the time of day or
7 the time of year, in residential property owned, operated
8 or managed by a public housing agency or leased by a public
9 housing agency as part of a scattered site or mixed-income
10 development, in a public park, in a courthouse, on the real
11 property comprising any school, regardless of the time of
12 day or the time of year, on residential property owned,
13 operated or managed by a public housing agency or leased by
14 a public housing agency as part of a scattered site or
15 mixed-income development, on the real property comprising
16 any public park, on the real property comprising any
17 courthouse, in any conveyance owned, leased or contracted
18 by a school to transport students to or from school or a
19 school related activity, in any conveyance owned, leased,
20 or contracted by a public transportation agency, or on any
21 public way within 1,000 feet of the real property
22 comprising any school, public park, courthouse, public
23 transportation facility, 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 and shall

HB4067- 117 -LRB101 15932 RLC 65292 b
1 be sentenced to a term of imprisonment of not less than 3
2 years and not more than 7 years.
3 (1.5) A person who violates subsection 24-1(a)(4),
4 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
5 time of day or the time of year, in residential property
6 owned, operated, or managed by a public housing agency or
7 leased by a public housing agency as part of a scattered
8 site or mixed-income development, in a public park, in a
9 courthouse, on the real property comprising any school,
10 regardless of the time of day or the time of year, on
11 residential property owned, operated, or managed by a
12 public housing agency or leased by a public housing agency
13 as part of a scattered site or mixed-income development, on
14 the real property comprising any public park, on the real
15 property comprising any courthouse, in any conveyance
16 owned, leased, or contracted by a school to transport
17 students to or from school or a school related activity, in
18 any conveyance owned, leased, or contracted by a public
19 transportation agency, or on any public way within 1,000
20 feet of the real property comprising any school, public
21 park, courthouse, public transportation facility, or
22 residential property owned, operated, or managed by a
23 public housing agency or leased by a public housing agency
24 as part of a scattered site or mixed-income development
25 commits a Class 3 felony.
26 (2) A person who violates subsection 24-1(a)(1),

HB4067- 118 -LRB101 15932 RLC 65292 b
1 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
2 time of day or the time of year, in residential property
3 owned, operated or managed by a public housing agency or
4 leased by a public housing agency as part of a scattered
5 site or mixed-income development, in a public park, in a
6 courthouse, on the real property comprising any school,
7 regardless of the time of day or the time of year, on
8 residential property owned, operated or managed by a public
9 housing agency or leased by a public housing agency as part
10 of a scattered site or mixed-income development, on the
11 real property comprising any public park, on the real
12 property comprising any courthouse, in any conveyance
13 owned, leased or contracted by a school to transport
14 students to or from school or a school related activity, in
15 any conveyance owned, leased, or contracted by a public
16 transportation agency, or on any public way within 1,000
17 feet of the real property comprising any school, public
18 park, courthouse, public transportation facility, or
19 residential property owned, operated, or managed by a
20 public housing agency or leased by a public housing agency
21 as part of a scattered site or mixed-income development
22 commits a Class 4 felony. "Courthouse" means any building
23 that is used by the Circuit, Appellate, or Supreme Court of
24 this State for the conduct of official business.
25 (3) Paragraphs (1), (1.5), and (2) of this subsection
26 (c) shall not apply to law enforcement officers or security

HB4067- 119 -LRB101 15932 RLC 65292 b
1 officers of such school, college, or university or to
2 students carrying or possessing firearms for use in
3 training courses, parades, hunting, target shooting on
4 school ranges, or otherwise with the consent of school
5 authorities and which firearms are transported unloaded
6 enclosed in a suitable case, box, or transportation
7 package.
8 (4) For the purposes of this subsection (c), "school"
9 means any public or private elementary or secondary school,
10 community college, college, or university.
11 (5) For the purposes of this subsection (c), "public
12 transportation agency" means a public or private agency
13 that provides for the transportation or conveyance of
14 persons by means available to the general public, except
15 for transportation by automobiles not used for conveyance
16 of the general public as passengers; and "public
17 transportation facility" means a terminal or other place
18 where one may obtain public transportation.
19 (d) The presence in an automobile other than a public
20omnibus of any weapon, instrument or substance referred to in
21subsection (a)(7) is prima facie evidence that it is in the
22possession of, and is being carried by, all persons occupying
23such automobile at the time such weapon, instrument or
24substance is found, except under the following circumstances:
25(i) if such weapon, instrument or instrumentality is found upon
26the person of one of the occupants therein; or (ii) if such

HB4067- 120 -LRB101 15932 RLC 65292 b
1weapon, instrument or substance is found in an automobile
2operated for hire by a duly licensed driver in the due, lawful
3and proper pursuit of his or her trade, then such presumption
4shall not apply to the driver.
5 (e) Exemptions.
6 (1) Crossbows, Common or Compound bows and Underwater
7 Spearguns are exempted from the definition of ballistic
8 knife as defined in paragraph (1) of subsection (a) of this
9 Section.
10 (2) The provision of paragraph (1) of subsection (a) of
11 this Section prohibiting the sale, manufacture, purchase,
12 possession, or carrying of any knife, commonly referred to
13 as a switchblade knife, which has a blade that opens
14 automatically by hand pressure applied to a button, spring
15 or other device in the handle of the knife, does not apply
16 to a person eligible under State and federal law to possess
17 a firearm who possesses a currently valid Firearm Owner's
18 Identification Card previously issued in his or her name by
19 the Department of State Police or to a person or an entity
20 engaged in the business of selling or manufacturing
21 switchblade knives.
22(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
23 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
24 Sec. 24-1.1. Unlawful use or possession of weapons by
25felons or persons in the custody of the Department of

HB4067- 121 -LRB101 15932 RLC 65292 b
1Corrections facilities.
2 (a) It is unlawful for a person to knowingly possess on or
3about his person or on his land or in his own abode or fixed
4place of business any weapon prohibited under Section 24-1 of
5this Act or any firearm or any firearm ammunition if the person
6has been convicted of a felony under the laws of this State or
7any other jurisdiction. This Section shall not apply if the
8person has been granted relief under this subsection by the
9Director of the Department of State Police under Section 10 of
10the Firearm Owners Identification Card Act. A person prohibited
11from possessing a firearm under this subsection (a) may
12petition the Director of the Illinois State Police for a
13hearing and relief from the prohibition, unless the prohibition
14was based upon a forcible felony, stalking, aggravated
15stalking, domestic battery, any violation of the Illinois
16Controlled Substances Act, the Methamphetamine Control and
17Community Protection Act, or the Cannabis Control Act that is
18classified as a Class 2 or greater felony, any felony violation
19of Article 24 of the Criminal Code of 1961 or the Criminal Code
20of 2012, or any adjudication as a delinquent minor for the
21commission of an offense that if committed by an adult would be
22a felony, in which case the person may petition the circuit
23court in writing in the county of his or her residence for a
24hearing and relief from the prohibition. The Director or court
25may grant the relief if it is established by the petitioner to
26the court's or Director's satisfaction that:

HB4067- 122 -LRB101 15932 RLC 65292 b
1 (1) when in the circuit court, the State's Attorney has
2 been served with a written copy of the petition at least 30
3 days before any hearing in the circuit court and at the
4 hearing the State's Attorney was afforded an opportunity to
5 present evidence and object to the petition;
6 (2) the petitioner has not been convicted of a forcible
7 felony under the laws of this State or any other
8 jurisdiction within 20 years of the filing of the petition,
9 or at least 20 years have passed since the end of any
10 period of imprisonment imposed in relation to that
11 conviction;
12 (3) the circumstances regarding a criminal conviction,
13 where applicable, the petitioner's criminal history and
14 his or her reputation are such that the petitioner will not
15 be likely to act in a manner dangerous to public safety;
16 (4) granting relief would not be contrary to the public
17 interest; and
18 (5) granting relief would not be contrary to federal
19 law.
20 (b) It is unlawful for any person confined in a penal
21institution, which is a facility of the Illinois Department of
22Corrections, to possess any weapon prohibited under Section
2324-1 of this Code or any firearm or firearm ammunition,
24regardless of the intent with which he possesses it.
25 (c) It shall be an affirmative defense to a violation of
26subsection (b), that such possession was specifically

HB4067- 123 -LRB101 15932 RLC 65292 b
1authorized by rule, regulation, or directive of the Illinois
2Department of Corrections or order issued pursuant thereto.
3 (d) The defense of necessity is not available to a person
4who is charged with a violation of subsection (b) of this
5Section.
6 (e) Sentence. Violation of this Section by a person not
7confined in a penal institution shall be a Class 3 felony for
8which the person shall be sentenced to no less than 2 years and
9no more than 10 years. A second or subsequent violation of this
10Section shall be a Class 2 felony for which the person shall be
11sentenced to a term of imprisonment of not less than 3 years
12and not more than 14 years, except as provided for in Section
135-4.5-110 of the Unified Code of Corrections. Violation of this
14Section by a person not confined in a penal institution who has
15been convicted of a forcible felony, a felony violation of
16Article 24 of this Code or of the Firearm Owners Identification
17Card Act, stalking or aggravated stalking, or a Class 2 or
18greater felony under the Illinois Controlled Substances Act,
19the Cannabis Control Act, or the Methamphetamine Control and
20Community Protection Act is a Class 2 felony for which the
21person shall be sentenced to not less than 3 years and not more
22than 14 years, except as provided for in Section 5-4.5-110 of
23the Unified Code of Corrections. Violation of this Section by a
24person who is on parole or mandatory supervised release is a
25Class 2 felony for which the person shall be sentenced to not
26less than 3 years and not more than 14 years, except as

HB4067- 124 -LRB101 15932 RLC 65292 b
1provided for in Section 5-4.5-110 of the Unified Code of
2Corrections. Violation of this Section by a person not confined
3in a penal institution is a Class X felony when the firearm
4possessed is a machine gun. Any person who violates this
5Section while confined in a penal institution, which is a
6facility of the Illinois Department of Corrections, is guilty
7of a Class 1 felony, if he possesses any weapon prohibited
8under Section 24-1 of this Code regardless of the intent with
9which he possesses it, a Class X felony if he possesses any
10firearm, firearm ammunition or explosive, and a Class X felony
11for which the offender shall be sentenced to not less than 12
12years and not more than 50 years when the firearm possessed is
13a machine gun. A violation of this Section while wearing or in
14possession of body armor as defined in Section 33F-1 is a Class
15X felony punishable by a term of imprisonment of not less than
1610 years and not more than 40 years. The possession of each
17firearm or firearm ammunition in violation of this Section
18constitutes a single and separate violation.
19(Source: P.A. 100-3, eff. 1-1-18.)
20 (720 ILCS 5/24-1.6)
21 Sec. 24-1.6. Aggravated unlawful use of a weapon.
22 (a) A person commits the offense of aggravated unlawful use
23of a weapon when he or she knowingly:
24 (1) Carries on or about his or her person or in any
25 vehicle or concealed on or about his or her person except

HB4067- 125 -LRB101 15932 RLC 65292 b
1 when on his or her land or in his or her abode, legal
2 dwelling, or fixed place of business, or on the land or in
3 the legal dwelling of another person as an invitee with
4 that person's permission, any pistol, revolver, stun gun or
5 taser or other firearm; or
6 (2) Carries or possesses on or about his or her person,
7 upon any public street, alley, or other public lands within
8 the corporate limits of a city, village or incorporated
9 town, except when an invitee thereon or therein, for the
10 purpose of the display of such weapon or the lawful
11 commerce in weapons, or except when on his or her own land
12 or in his or her own abode, legal dwelling, or fixed place
13 of business, or on the land or in the legal dwelling of
14 another person as an invitee with that person's permission,
15 any pistol, revolver, stun gun or taser or other firearm;
16 and
17 (3) One of the following factors is present:
18 (A) the firearm, other than a pistol, revolver, or
19 handgun, possessed was uncased, loaded, and
20 immediately accessible at the time of the offense; or
21 (A-5) the pistol, revolver, or handgun possessed
22 was uncased, loaded, and immediately accessible at the
23 time of the offense and the person possessing the
24 pistol, revolver, or handgun has not been issued a
25 currently valid license under the Firearm Concealed
26 Carry Act; or

HB4067- 126 -LRB101 15932 RLC 65292 b
1 (B) the firearm, other than a pistol, revolver, or
2 handgun, possessed was uncased, unloaded, and the
3 ammunition for the weapon was immediately accessible
4 at the time of the offense; or
5 (B-5) the pistol, revolver, or handgun possessed
6 was uncased, unloaded, and the ammunition for the
7 weapon was immediately accessible at the time of the
8 offense and the person possessing the pistol,
9 revolver, or handgun has not been issued a currently
10 valid license under the Firearm Concealed Carry Act; 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 in
19 a misdemeanor violation of the Cannabis Control Act, in
20 a misdemeanor violation of the Illinois Controlled
21 Substances Act, or in a misdemeanor violation of the
22 Methamphetamine Control and Community Protection Act;
23 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

HB4067- 127 -LRB101 15932 RLC 65292 b
1 previous 2 years; or
2 (H) the person possessing the weapon was engaged in
3 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

HB4067- 128 -LRB101 15932 RLC 65292 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 who
15 has been previously convicted of a felony in this State or
16 another jurisdiction is a Class 2 felony for which the
17 person shall be sentenced to a term of imprisonment of not
18 less than 3 years and not more than 7 years, except as
19 provided for in Section 5-4.5-110 of the Unified Code of
20 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

HB4067- 129 -LRB101 15932 RLC 65292 b
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 lands,
13 except when inside his or her own abode or inside his or
14 her fixed place of business, and has not been issued a
15 currently valid Firearm Owner's Identification Card and is
16 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

HB4067- 130 -LRB101 15932 RLC 65292 b
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 to
7not less than the minimum term of imprisonment authorized for
8the 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 of
12 the duties of their employment or commuting between their
13 homes and places of employment; and watchmen while actually
14 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 homes
26 and places of employment. A person shall be considered

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1 eligible for this exemption if he or she has completed the
2 required 20 hours of training for a private security
3 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 Detective,
12 Private Alarm, Private Security, Fingerprint Vendor, and
13 Locksmith Act of 2004. The firearm control card shall be
14 carried by the private security contractor, private
15 detective, or private alarm contractor, or employee of the
16 licensed private security contractor, private detective,
17 or private alarm contractor agency at all times when he or
18 she is in possession of a concealable weapon permitted by
19 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 protection
22 of persons employed and private property related to such
23 commercial or industrial operation, while actually engaged
24 in the performance of his or her duty or traveling between
25 sites or properties belonging to the employer, and who, as
26 a security guard, is a member of a security force

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

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

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

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

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

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

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1 and incident to fulfilling the terms of such contract.
2 The exemption granted under this subdivision (c)(6)
3 shall also apply to any authorized agent of any such
4 contractor or subcontractor who is operating within the
5 scope of his employment, where such activities involving
6 such weapon, weapons or ammunition are necessary and
7 incident to fulfilling the terms of such contract.
8 (7) A person possessing a rifle with a barrel or
9 barrels less than 16 inches in length if: (A) the person
10 has been issued a Curios and Relics license from the U.S.
11 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
12 the person is an active member of a bona fide, nationally
13 recognized military re-enacting group and the modification
14 is required and necessary to accurately portray the weapon
15 for historical re-enactment purposes; the re-enactor is in
16 possession of a valid and current re-enacting group
17 membership credential; and the overall length of the weapon
18 as modified is not less than 26 inches.
19 (d) Subsection 24-1(a)(1) does not apply to the purchase,
20possession or carrying of a black-jack or slung-shot by a peace
21officer.
22 (e) Subsection 24-1(a)(8) does not apply to any owner,
23manager or authorized employee of any place specified in that
24subsection nor to any law enforcement officer.
25 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
26Section 24-1.6 do not apply to members of any club or

HB4067- 140 -LRB101 15932 RLC 65292 b
1organization organized for the purpose of practicing shooting
2at targets upon established target ranges, whether public or
3private, while using their firearms on those target ranges.
4 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
5to:
6 (1) Members of the Armed Services or Reserve Forces of
7 the United States or the Illinois National Guard, while in
8 the performance of their official duty.
9 (2) Bonafide collectors of antique or surplus military
10 ordnance.
11 (3) Laboratories having a department of forensic
12 ballistics, or specializing in the development of
13 ammunition or explosive ordnance.
14 (4) Commerce, preparation, assembly or possession of
15 explosive bullets by manufacturers of ammunition licensed
16 by the federal government, in connection with the supply of
17 those organizations and persons exempted by subdivision
18 (g)(1) of this Section, or like organizations and persons
19 outside this State, or the transportation of explosive
20 bullets to any organization or person exempted in this
21 Section by a common carrier or by a vehicle owned or leased
22 by an exempted manufacturer.
23 (g-5) Subsection 24-1(a)(6) does not apply to or affect
24persons licensed under federal law to manufacture any device or
25attachment of any kind designed, used, or intended for use in
26silencing the report of any firearm, firearms, or ammunition

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

HB4067- 142 -LRB101 15932 RLC 65292 b
1 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
224-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
3athlete's possession, transport on official Olympic and
4Paralympic transit systems established for athletes, or use of
5competition firearms sanctioned by the International Olympic
6Committee, the International Paralympic Committee, the
7International Shooting Sport Federation, or USA Shooting in
8connection with such athlete's training for and participation
9in shooting competitions at the 2016 Olympic and Paralympic
10Games and sanctioned test events leading up to the 2016 Olympic
11and Paralympic Games.
12 (h) An information or indictment based upon a violation of
13any subsection of this Article need not negative any exemptions
14contained in this Article. The defendant shall have the burden
15of proving such an exemption.
16 (i) Nothing in this Article shall prohibit, apply to, or
17affect the transportation, carrying, or possession, of any
18pistol or revolver, stun gun, taser, or other firearm consigned
19to a common carrier operating under license of the State of
20Illinois or the federal government, where such transportation,
21carrying, or possession is incident to the lawful
22transportation in which such common carrier is engaged; and
23nothing in this Article shall prohibit, apply to, or affect the
24transportation, carrying, or possession of any pistol,
25revolver, stun gun, taser, or other firearm, not the subject of
26and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

HB4067- 143 -LRB101 15932 RLC 65292 b
1this Article, which is unloaded and enclosed in a case, firearm
2carrying box, shipping box, or other container, by a person
3eligible under State and federal law to possess a firearm the
4possessor of a valid Firearm Owners Identification Card.
5(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
6 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
7 Sec. 24-3. Unlawful sale or delivery of firearms.
8 (A) A person commits the offense of unlawful sale or
9delivery of firearms when he or she knowingly does any of the
10following:
11 (a) Sells or gives any firearm of a size which may be
12 concealed upon the person to any person under 18 years of
13 age.
14 (b) Sells or gives any firearm to a person under 21
15 years of age who has been convicted of a misdemeanor other
16 than a traffic offense or adjudged delinquent.
17 (c) Sells or gives any firearm to any narcotic addict.
18 (d) Sells or gives any firearm to any person who has
19 been convicted of a felony under the laws of this or any
20 other jurisdiction.
21 (e) Sells or gives any firearm to any person who has
22 been a patient in a mental institution within the past 5
23 years. In this subsection (e):
24 "Mental institution" means any hospital,
25 institution, clinic, evaluation facility, mental

HB4067- 144 -LRB101 15932 RLC 65292 b
1 health center, or part thereof, which is used primarily
2 for the care or treatment of persons with mental
3 illness.
4 "Patient in a mental institution" means the person
5 was admitted, either voluntarily or involuntarily, to
6 a mental institution for mental health treatment,
7 unless the treatment was voluntary and solely for an
8 alcohol abuse disorder and no other secondary
9 substance abuse disorder or mental illness.
10 (f) Sells or gives any firearms to any person who is a
11 person with an intellectual disability.
12 (g) Delivers any firearm, incidental to a sale, without
13 withholding delivery of the firearm for at least 72 hours
14 after application for its purchase has been made, or
15 delivers a stun gun or taser, incidental to a sale, without
16 withholding delivery of the stun gun or taser for at least
17 24 hours after application for its purchase has been made.
18 However, this paragraph (g) does not apply to: (1) the sale
19 of a firearm to a law enforcement officer if the seller of
20 the firearm knows that the person to whom he or she is
21 selling the firearm is a law enforcement officer or the
22 sale of a firearm to a person who desires to purchase a
23 firearm for use in promoting the public interest incident
24 to his or her employment as a bank guard, armed truck
25 guard, or other similar employment; (2) a mail order sale
26 of a firearm from a federally licensed firearms dealer to a

HB4067- 145 -LRB101 15932 RLC 65292 b
1 nonresident of Illinois under which the firearm is mailed
2 to a federally licensed firearms dealer outside the
3 boundaries of Illinois; (3) (blank); (4) the sale of a
4 firearm to a dealer licensed as a federal firearms dealer
5 under Section 923 of the federal Gun Control Act of 1968
6 (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
7 shotgun, or other long gun to a resident registered
8 competitor or attendee or non-resident registered
9 competitor or attendee by any dealer licensed as a federal
10 firearms dealer under Section 923 of the federal Gun
11 Control Act of 1968 at competitive shooting events held at
12 the World Shooting Complex sanctioned by a national
13 governing body. For purposes of transfers or sales under
14 subparagraph (5) of this paragraph (g), the Department of
15 Natural Resources shall give notice to the Department of
16 State Police at least 30 calendar days prior to any
17 competitive shooting events at the World Shooting Complex
18 sanctioned by a national governing body. The notification
19 shall be made on a form prescribed by the Department of
20 State Police. The sanctioning body shall provide a list of
21 all registered competitors and attendees at least 24 hours
22 before the events to the Department of State Police. Any
23 changes to the list of registered competitors and attendees
24 shall be forwarded to the Department of State Police as
25 soon as practicable. The Department of State Police must
26 destroy the list of registered competitors and attendees no

HB4067- 146 -LRB101 15932 RLC 65292 b
1 later than 30 days after the date of the event. Nothing in
2 this paragraph (g) relieves a federally licensed firearm
3 dealer from the requirements of conducting a NICS
4 background check through the Illinois Point of Contact
5 under 18 U.S.C. 922(t). For purposes of this paragraph (g),
6 "application" means when the buyer and seller reach an
7 agreement to purchase a firearm. For purposes of this
8 paragraph (g), "national governing body" means a group of
9 persons who adopt rules and formulate policy on behalf of a
10 national firearm sporting organization.
11 (h) While holding any license as a dealer, importer,
12 manufacturer or pawnbroker under the federal Gun Control
13 Act of 1968, manufactures, sells or delivers to any
14 unlicensed person a handgun having a barrel, slide, frame
15 or receiver which is a die casting of zinc alloy or any
16 other nonhomogeneous metal which will melt or deform at a
17 temperature of less than 800 degrees Fahrenheit. For
18 purposes of this paragraph, (1) "firearm" is defined as in
19 the Firearm Owners Identification Card Act; and (2)
20 "handgun" is defined as a firearm designed to be held and
21 fired by the use of a single hand, and includes a
22 combination of parts from which such a firearm can be
23 assembled.
24 (i) Sells or gives a firearm of any size to any person
25 under 18 years of age who is not eligible under State or
26 federal law to possess a firearm does not possess a valid

HB4067- 147 -LRB101 15932 RLC 65292 b
1 Firearm Owner's Identification Card.
2 (j) Sells or gives a firearm while engaged in the
3 business of selling firearms at wholesale or retail without
4 being licensed as a federal firearms dealer under Section
5 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
6 In this paragraph (j):
7 A person "engaged in the business" means a person who
8 devotes time, attention, and labor to engaging in the
9 activity as a regular course of trade or business with the
10 principal objective of livelihood and profit, but does not
11 include a person who makes occasional repairs of firearms
12 or who occasionally fits special barrels, stocks, or
13 trigger mechanisms to firearms.
14 "With the principal objective of livelihood and
15 profit" means that the intent underlying the sale or
16 disposition of firearms is predominantly one of obtaining
17 livelihood and pecuniary gain, as opposed to other intents,
18 such as improving or liquidating a personal firearms
19 collection; however, proof of profit shall not be required
20 as to a person who engages in the regular and repetitive
21 purchase and disposition of firearms for criminal purposes
22 or terrorism.
23 (k) (Blank). Sells or transfers ownership of a firearm
24 to a person who does not display to the seller or
25 transferor of the firearm either: (1) a currently valid
26 Firearm Owner's Identification Card that has previously

HB4067- 148 -LRB101 15932 RLC 65292 b
1 been issued in the transferee's name by the Department of
2 State Police under the provisions of the Firearm Owners
3 Identification Card Act; or (2) a currently valid license
4 to carry a concealed firearm that has previously been
5 issued in the transferee's name by the Department of State
6 Police under the Firearm Concealed Carry Act. This
7 paragraph (k) does not apply to the transfer of a firearm
8 to a person who is exempt from the requirement of
9 possessing a Firearm Owner's Identification Card under
10 Section 2 of the Firearm Owners Identification Card Act.
11 For the purposes of this Section, a currently valid Firearm
12 Owner's Identification Card means (i) a Firearm Owner's
13 Identification Card that has not expired or (ii) an
14 approval number issued in accordance with subsection
15 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners
16 Identification Card Act shall be proof that the Firearm
17 Owner's Identification Card was valid.
18 (1) (Blank). In addition to the other requirements
19 of this paragraph (k), all persons who are not
20 federally licensed firearms dealers must also have
21 complied with subsection (a-10) of Section 3 of the
22 Firearm Owners Identification Card Act by determining
23 the validity of a purchaser's Firearm Owner's
24 Identification Card.
25 (2) (Blank). All sellers or transferors who have
26 complied with the requirements of subparagraph (1) of

HB4067- 149 -LRB101 15932 RLC 65292 b
1 this paragraph (k) shall not be liable for damages in
2 any civil action arising from the use or misuse by the
3 transferee of the firearm transferred, except for
4 willful or wanton misconduct on the part of the seller
5 or transferor.
6 (l) Not being entitled to the possession of a firearm,
7 delivers the firearm, knowing it to have been stolen or
8 converted. It may be inferred that a person who possesses a
9 firearm with knowledge that its serial number has been
10 removed or altered has knowledge that the firearm is stolen
11 or converted.
12 (B) Paragraph (h) of subsection (A) does not include
13firearms sold within 6 months after enactment of Public Act
1478-355 (approved August 21, 1973, effective October 1, 1973),
15nor is any firearm legally owned or possessed by any citizen or
16purchased by any citizen within 6 months after the enactment of
17Public Act 78-355 subject to confiscation or seizure under the
18provisions of that Public Act. Nothing in Public Act 78-355
19shall be construed to prohibit the gift or trade of any firearm
20if that firearm was legally held or acquired within 6 months
21after the enactment of that Public Act.
22 (C) Sentence.
23 (1) Any person convicted of unlawful sale or delivery
24 of firearms in violation of paragraph (c), (e), (f), (g),
25 or (h) of subsection (A) commits a Class 4 felony.
26 (2) Any person convicted of unlawful sale or delivery

HB4067- 150 -LRB101 15932 RLC 65292 b
1 of firearms in violation of paragraph (b) or (i) of
2 subsection (A) commits a Class 3 felony.
3 (3) Any person convicted of unlawful sale or delivery
4 of firearms in violation of paragraph (a) of subsection (A)
5 commits a Class 2 felony.
6 (4) Any person convicted of unlawful sale or delivery
7 of firearms in violation of paragraph (a), (b), or (i) of
8 subsection (A) in any school, on the real property
9 comprising a school, within 1,000 feet of the real property
10 comprising a school, at a school related activity, or on or
11 within 1,000 feet of any conveyance owned, leased, or
12 contracted by a school or school district to transport
13 students to or from school or a school related activity,
14 regardless of the time of day or time of year at which the
15 offense was committed, commits a Class 1 felony. Any person
16 convicted of a second or subsequent violation of unlawful
17 sale or delivery of firearms in violation of paragraph (a),
18 (b), or (i) of subsection (A) in any school, on the real
19 property comprising a school, within 1,000 feet of the real
20 property comprising a school, at a school related activity,
21 or on or within 1,000 feet of any conveyance owned, leased,
22 or contracted by a school or school district to transport
23 students to or from school or a school related activity,
24 regardless of the time of day or time of year at which the
25 offense was committed, commits a Class 1 felony for which
26 the sentence shall be a term of imprisonment of no less

HB4067- 151 -LRB101 15932 RLC 65292 b
1 than 5 years and no more than 15 years.
2 (5) Any person convicted of unlawful sale or delivery
3 of firearms in violation of paragraph (a) or (i) of
4 subsection (A) in residential property owned, operated, or
5 managed by a public housing agency or leased by a public
6 housing agency as part of a scattered site or mixed-income
7 development, in a public park, in a courthouse, on
8 residential property owned, operated, or managed by a
9 public housing agency or leased by a public housing agency
10 as part of a scattered site or mixed-income development, on
11 the real property comprising any public park, on the real
12 property comprising any courthouse, or on any public way
13 within 1,000 feet of the real property comprising any
14 public park, courthouse, or residential property owned,
15 operated, or managed by a public housing agency or leased
16 by a public housing agency as part of a scattered site or
17 mixed-income development commits a Class 2 felony.
18 (6) Any person convicted of unlawful sale or delivery
19 of firearms in violation of paragraph (j) of subsection (A)
20 commits a Class A misdemeanor. A second or subsequent
21 violation is a Class 4 felony.
22 (7) (Blank). Any person convicted of unlawful sale or
23 delivery of firearms in violation of paragraph (k) of
24 subsection (A) commits a Class 4 felony, except that a
25 violation of subparagraph (1) of paragraph (k) of
26 subsection (A) shall not be punishable as a crime or petty

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

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

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1participation is sponsored, organized, or funded in whole or in
2part by a school or school district.
3 (E) A prosecution for a violation of paragraph (k) of
4subsection (A) of this Section may be commenced within 6 years
5after the commission of the offense. A prosecution for a
6violation of this Section other than paragraph (g) of
7subsection (A) of this Section may be commenced within 5 years
8after the commission of the offense defined in the particular
9paragraph.
10(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
1199-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
12 (720 ILCS 5/24-3B)
13 Sec. 24-3B. Firearms trafficking.
14 (a) A person commits firearms trafficking when he or she is
15prohibited under federal or State law from possessing a firearm
16has not been issued a currently valid Firearm Owner's
17Identification Card and knowingly:
18 (1) brings, or causes to be brought, into this State, a
19 firearm or firearm ammunition for the purpose of sale,
20 delivery, or transfer to any other person or with the
21 intent to sell, deliver, or transfer the firearm or firearm
22 ammunition to any other person; or
23 (2) brings, or causes to be brought, into this State, a
24 firearm and firearm ammunition for the purpose of sale,
25 delivery, or transfer to any other person or with the

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1 intent to sell, deliver, or transfer the firearm and
2 firearm ammunition to any other person.
3 (a-5) (Blank). This Section does not apply to:
4 (1) a person exempt under Section 2 of the Firearm
5 Owners Identification Card Act from the requirement of
6 having possession of a Firearm Owner's Identification Card
7 previously issued in his or her name by the Department of
8 State Police in order to acquire or possess a firearm or
9 firearm ammunition;
10 (2) a common carrier under subsection (i) of Section
11 24-2 of this Code; or
12 (3) a non-resident who may lawfully possess a firearm
13 in his or her resident state.
14 (b) Sentence.
15 (1) Firearms trafficking is a Class 1 felony for which
16 the person, if sentenced to a term of imprisonment, shall
17 be sentenced to not less than 4 years and not more than 20
18 years.
19 (2) Firearms trafficking by a person who has been
20 previously convicted of firearms trafficking, gunrunning,
21 or a felony offense for the unlawful sale, delivery, or
22 transfer of a firearm or firearm ammunition in this State
23 or another jurisdiction is a Class X felony.
24(Source: P.A. 99-885, eff. 8-23-16.)
25 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)

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1 Sec. 24-3.1. Unlawful possession of firearms and firearm
2ammunition.
3 (a) A person commits the offense of unlawful possession of
4firearms or firearm ammunition when:
5 (1) He is under 18 years of age and has in his
6 possession any firearm of a size which may be concealed
7 upon the person; or
8 (2) He is under 21 years of age, has been convicted of
9 a misdemeanor other than a traffic offense or adjudged
10 delinquent and has any firearms or firearm ammunition in
11 his possession; or
12 (3) He is a narcotic addict and has any firearms or
13 firearm ammunition in his possession; or
14 (4) He has been a patient in a mental institution
15 within the past 5 years and has any firearms or firearm
16 ammunition in his possession. For purposes of this
17 paragraph (4):
18 "Mental institution" means any hospital,
19 institution, clinic, evaluation facility, mental
20 health center, or part thereof, which is used primarily
21 for the care or treatment of persons with mental
22 illness.
23 "Patient in a mental institution" means the person
24 was admitted, either voluntarily or involuntarily, to
25 a mental institution for mental health treatment,
26 unless the treatment was voluntary and solely for an

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1 alcohol abuse disorder and no other secondary
2 substance abuse disorder or mental illness; or
3 (5) He is a person with an intellectual disability and
4 has any firearms or firearm ammunition in his possession;
5 or
6 (6) He has in his possession any explosive bullet.
7 For purposes of this paragraph "explosive bullet" means the
8projectile portion of an ammunition cartridge which contains or
9carries an explosive charge which will explode upon contact
10with the flesh of a human or an animal. "Cartridge" means a
11tubular metal case having a projectile affixed at the front
12thereof and a cap or primer at the rear end thereof, with the
13propellant contained in such tube between the projectile and
14the cap.
15 (a-5) A person prohibited from possessing a firearm under
16this Section may petition the Director of the Illinois State
17Police for a hearing and relief from the prohibition, unless
18the prohibition was based upon a forcible felony, stalking,
19aggravated stalking, domestic battery, any violation of the
20Illinois Controlled Substances Act, the Methamphetamine
21Control and Community Protection Act, or the Cannabis Control
22Act that is classified as a Class 2 or greater felony, any
23felony violation of Article 24 of the Criminal Code of 1961 or
24the Criminal Code of 2012, or any adjudication as a delinquent
25minor for the commission of an offense that if committed by an
26adult would be a felony, in which case the person may petition

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1the circuit court in writing in the county of his or her
2residence for a hearing and relief from the prohibition. The
3Director or court may grant the relief if it is established by
4the petitioner to the court's or Director's satisfaction that:
5 (1) when in the circuit court, the State's Attorney has
6 been served with a written copy of the petition at least 30
7 days before any hearing in the circuit court and at the
8 hearing the State's Attorney was afforded an opportunity to
9 present evidence and object to the petition;
10 (2) the petitioner has not been convicted of a forcible
11 felony under the laws of this State or any other
12 jurisdiction within 20 years of the filing of the petition,
13 or at least 20 years have passed since the end of any
14 period of imprisonment imposed in relation to that
15 conviction;
16 (3) the circumstances regarding a criminal conviction,
17 where applicable, the petitioner's criminal history and
18 his reputation are such that the petitioner will not be
19 likely to act in a manner dangerous to public safety;
20 (4) granting relief would not be contrary to the public
21 interest; and
22 (5) granting relief would not be contrary to federal
23 law.
24 (b) Sentence.
25 Unlawful possession of firearms, other than handguns, and
26firearm ammunition is a Class A misdemeanor. Unlawful

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1possession of handguns is a Class 4 felony. The possession of
2each firearm or firearm ammunition in violation of this Section
3constitutes a single and separate violation.
4 (c) Nothing in paragraph (1) of subsection (a) of this
5Section prohibits a person under 18 years of age from
6participating in any lawful recreational activity with a
7firearm such as, but not limited to, practice shooting at
8targets upon established public or private target ranges or
9hunting, trapping, or fishing in accordance with the Wildlife
10Code or the Fish and Aquatic Life Code.
11(Source: P.A. 99-143, eff. 7-27-15.)
12 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
13 Sec. 24-3.2. Unlawful discharge of firearm projectiles.
14 (a) A person commits the offense of unlawful discharge of
15firearm projectiles when he or she knowingly or recklessly uses
16an armor piercing bullet, dragon's breath shotgun shell, bolo
17shell, or flechette shell in violation of this Section.
18 For purposes of this Section:
19 "Armor piercing bullet" means any handgun bullet or handgun
20ammunition with projectiles or projectile cores constructed
21entirely (excluding the presence of traces of other substances)
22from tungsten alloys, steel, iron, brass, bronze, beryllium
23copper or depleted uranium, or fully jacketed bullets larger
24than 22 caliber whose jacket has a weight of more than 25% of
25the total weight of the projectile, and excluding those handgun

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1projectiles whose cores are composed of soft materials such as
2lead or lead alloys, zinc or zinc alloys, frangible projectiles
3designed primarily for sporting purposes, and any other
4projectiles or projectile cores that the U. S. Secretary of the
5Treasury finds to be primarily intended to be used for sporting
6purposes or industrial purposes or that otherwise does not
7constitute "armor piercing ammunition" as that term is defined
8by federal law.
9 "Dragon's breath shotgun shell" means any shotgun shell
10that contains exothermic pyrophoric mesh metal as the
11projectile and is designed for the purpose of throwing or
12spewing a flame or fireball to simulate a flame-thrower.
13 "Bolo shell" means any shell that can be fired in a firearm
14and expels as projectiles 2 or more metal balls connected by
15solid metal wire.
16 "Flechette shell" means any shell that can be fired in a
17firearm and expels 2 or more pieces of fin-stabilized solid
18metal wire or 2 or more solid dart-type projectiles.
19 (b) A person commits a Class X felony when he or she,
20knowing that a firearm, as defined in Section 1.1 of the
21Firearm Owners Identification Card Act, is loaded with an armor
22piercing bullet, dragon's breath shotgun shell, bolo shell, or
23flechette shell, intentionally or recklessly discharges such
24firearm and such bullet or shell strikes any other person.
25 (c) Any person who possesses, concealed on or about his or
26her person, an armor piercing bullet, dragon's breath shotgun

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1shell, bolo shell, or flechette shell and a firearm suitable
2for the discharge thereof is guilty of a Class 2 felony.
3 (d) This Section does not apply to or affect any of the
4following:
5 (1) Peace officers;
6 (2) Wardens, superintendents and keepers of prisons,
7 penitentiaries, jails and other institutions for the
8 detention of persons accused or convicted of an offense;
9 (3) Members of the Armed Services or Reserve Forces of
10 the United States or the Illinois National Guard while in
11 the performance of their official duties;
12 (4) Federal officials required to carry firearms,
13 while engaged in the performance of their official duties;
14 (5) United States Marshals, while engaged in the
15 performance of their official duties.
16(Source: P.A. 92-423, eff. 1-1-02.)
17 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
18 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
19 (a) It shall be unlawful for any person who holds a license
20to sell at retail any alcoholic liquor issued by the Illinois
21Liquor Control Commission or local liquor control commissioner
22under the Liquor Control Act of 1934 or an agent or employee of
23the licensee to sell or deliver to any other person a firearm
24in or on the real property of the establishment where the
25licensee is licensed to sell alcoholic liquors unless the sale

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1or delivery of the firearm is otherwise lawful under this
2Article and under the Firearm Owners Identification Card Act.
3 (b) Sentence. A violation of subsection (a) of this Section
4is a Class 4 felony.
5(Source: P.A. 87-591.)
6 (720 ILCS 5/24-3.5)
7 Sec. 24-3.5. Unlawful purchase of a firearm.
8 (a) For purposes of this Section, "firearms transaction
9record form" means a form:
10 (1) executed by a transferee of a firearm stating: (i)
11 the transferee's name and address (including county or
12 similar political subdivision); (ii) whether the
13 transferee is a citizen of the United States; (iii) the
14 transferee's State of residence; and (iv) the date and
15 place of birth, height, weight, and race of the transferee;
16 and
17 (2) on which the transferee certifies that he or she is
18 not prohibited by federal law from transporting or shipping
19 a firearm in interstate or foreign commerce or receiving a
20 firearm that has been shipped or transported in interstate
21 or foreign commerce or possessing a firearm in or affecting
22 commerce.
23 (b) A person commits the offense of unlawful purchase of a
24firearm who knowingly purchases or attempts to purchase a
25firearm with the intent to deliver that firearm to another

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1person who is prohibited by federal or State law from
2possessing a firearm.
3 (c) A person commits the offense of unlawful purchase of a
4firearm when he or she, in purchasing or attempting to purchase
5a firearm, intentionally provides false or misleading
6information on a United States Department of the Treasury,
7Bureau of Alcohol, Tobacco and Firearms firearms transaction
8record form.
9 (d) Exemption. It is not a violation of subsection (b) of
10this Section for a person to make a gift or loan of a firearm to
11a person who is not prohibited by federal or State law from
12possessing a firearm if the transfer of the firearm is made in
13accordance with Section 3 of the Firearm Owners Identification
14Card Act.
15 (e) Sentence.
16 (1) A person who commits the offense of unlawful
17 purchase of a firearm:
18 (A) is guilty of a Class 2 felony for purchasing or
19 attempting to purchase one firearm;
20 (B) is guilty of a Class 1 felony for purchasing or
21 attempting to purchase not less than 2 firearms and not
22 more than 5 firearms at the same time or within a one
23 year period;
24 (C) is guilty of a Class X felony for which the
25 offender shall be sentenced to a term of imprisonment
26 of not less than 9 years and not more than 40 years for

HB4067- 164 -LRB101 15932 RLC 65292 b
1 purchasing or attempting to purchase not less than 6
2 firearms at the same time or within a 2 year period.
3 (2) In addition to any other penalty that may be
4 imposed for a violation of this Section, the court may
5 sentence a person convicted of a violation of subsection
6 (c) of this Section to a fine not to exceed $250,000 for
7 each violation.
8 (f) A prosecution for unlawful purchase of a firearm may be
9commenced within 6 years after the commission of the offense.
10(Source: P.A. 95-882, eff. 1-1-09.)
11 (720 ILCS 5/24-4.1)
12 Sec. 24-4.1. Report of lost or stolen firearms.
13 (a) If a person who possesses a valid Firearm Owner's
14Identification Card and who possesses or acquires a firearm
15thereafter loses the firearm, or if the firearm is stolen from
16the person, the person must report the loss or theft to the
17local law enforcement agency within 72 hours after obtaining
18knowledge of the loss or theft.
19 (b) A law enforcement agency having jurisdiction shall take
20a written report and shall, as soon as practical, enter the
21firearm's serial number as stolen into the Law Enforcement
22Agencies Data System (LEADS).
23 (c) A person shall not be in violation of this Section if:
24 (1) the failure to report is due to an act of God, act
25 of war, or inability of a law enforcement agency to receive

HB4067- 165 -LRB101 15932 RLC 65292 b
1 the report;
2 (2) the person is hospitalized, in a coma, or is
3 otherwise seriously physically or mentally impaired as to
4 prevent the person from reporting; or
5 (3) the person's designee makes a report if the person
6 is unable to make the report.
7 (d) Sentence. A person who violates this Section is guilty
8of a petty offense for a first violation. A second or
9subsequent violation of this Section is a Class A misdemeanor.
10(Source: P.A. 98-508, eff. 8-19-13.)
11 (720 ILCS 5/24-4.5 new)
12 Sec. 24-4.5. Dial up system.
13 (a) The Illinois State Police shall provide a dial up
14telephone system or utilize other existing technology which
15shall be used by any federally licensed firearm dealer, gun
16show promoter, or gun show vendor who is to transfer a firearm,
17stun gun, or taser under the provisions of this Code. The
18Illinois State Police may utilize existing technology which
19allows the caller to be charged a fee not to exceed $2. Fees
20collected by the Illinois State Police shall be deposited in
21the State Police Services Fund and used to provide the service.
22 (b) Upon receiving a request from a federally licensed
23firearm dealer, gun show promoter, or gun show vendor, the
24Illinois State Police shall immediately approve, or within the
25time period established by Section 24-3 of this Code regarding

HB4067- 166 -LRB101 15932 RLC 65292 b
1the delivery of firearms, stun guns, and tasers notify the
2inquiring dealer, gun show promoter, or gun show vendor of any
3objection that would disqualify the transferee from acquiring
4or possessing a firearm, stun gun, or taser. In conducting the
5inquiry, the Illinois State Police shall initiate and complete
6an automated search of its criminal history record information
7files and those of the Federal Bureau of Investigation,
8including the National Instant Criminal Background Check
9System, and of the files of the Department of Human Services
10relating to mental health and developmental disabilities to
11obtain any felony conviction or patient hospitalization
12information which would disqualify a person from obtaining a
13firearm.
14 (c) If receipt of a firearm would not violate Section 24-3
15of this Code or federal law, the Illinois State Police shall:
16 (1) assign a unique identification number to the
17 transfer; and
18 (2) provide the licensee, gun show promoter, or gun
19 show vendor with the number.
20 (d) Approvals issued by the Illinois State Police for the
21purchase of a firearm are valid for 30 days from the date of
22issue.
23 (e)(1) The Illinois State Police must act as the Illinois
24Point of Contact for the National Instant Criminal Background
25Check System.
26 (2) The Illinois State Police and the Department of Human

HB4067- 167 -LRB101 15932 RLC 65292 b
1Services shall, in accordance with State and federal law
2regarding confidentiality, enter into a memorandum of
3understanding with the Federal Bureau of Investigation for the
4purpose of implementing the National Instant Criminal
5Background Check System in the State. The Illinois State Police
6shall report the name, date of birth, and physical description
7of any person prohibited from possessing a firearm under this
8Code or 18 U.S.C. 922(g) and (n) to the National Instant
9Criminal Background Check System Index, Denied Persons Files.
10 (f) The Illinois State Police shall adopt rules not
11inconsistent with this Section to implement this system.
12 (720 ILCS 5/24-9)
13 Sec. 24-9. Firearms; Child Protection.
14 (a) Except as provided in subsection (c), it is unlawful
15for any person to store or leave, within premises under his or
16her control, a firearm if the person knows or has reason to
17believe that a minor under the age of 14 years who does not
18have a Firearm Owners Identification Card is likely to gain
19access to the firearm without the lawful permission of the
20person possessing the firearm, minor's parent, guardian, or
21person having charge of the minor, and the minor causes death
22or great bodily harm with the firearm, unless the firearm is:
23 (1) secured by a device or mechanism, other than the
24 firearm safety, designed to render a firearm temporarily
25 inoperable; or

HB4067- 168 -LRB101 15932 RLC 65292 b
1 (2) placed in a securely locked box or container; or
2 (3) placed in some other location that a reasonable
3 person would believe to be secure from a minor under the
4 age of 14 years.
5 (b) Sentence. A person who violates this Section is guilty
6of a Class C misdemeanor and shall be fined not less than
7$1,000. A second or subsequent violation of this Section is a
8Class A misdemeanor.
9 (c) Subsection (a) does not apply:
10 (1) if the minor under 14 years of age gains access to
11 a firearm and uses it in a lawful act of self-defense or
12 defense of another; or
13 (2) to any firearm obtained by a minor under the age of
14 14 because of an unlawful entry of the premises by the
15 minor or another person.
16 (d) (Blank). For the purposes of this Section, "firearm"
17has the meaning ascribed to it in Section 1.1 of the Firearm
18Owners Identification Card Act.
19(Source: P.A. 91-18, eff. 1-1-00.)
20 Section 85. The Methamphetamine Control and Community
21Protection Act is amended by changing Section 10 as follows:
22 (720 ILCS 646/10)
23 Sec. 10. Definitions. As used in this Act:
24 "Anhydrous ammonia" has the meaning provided in subsection

HB4067- 169 -LRB101 15932 RLC 65292 b
1(d) of Section 3 of the Illinois Fertilizer Act of 1961.
2 "Anhydrous ammonia equipment" means all items used to
3store, hold, contain, handle, transfer, transport, or apply
4anhydrous ammonia for lawful purposes.
5 "Booby trap" means any device designed to cause physical
6injury when triggered by an act of a person approaching,
7entering, or moving through a structure, a vehicle, or any
8location where methamphetamine has been manufactured, is being
9manufactured, or is intended to be manufactured.
10 "Deliver" or "delivery" has the meaning provided in
11subsection (h) of Section 102 of the Illinois Controlled
12Substances Act.
13 "Director" means the Director of State Police or the
14Director's designated agents.
15 "Dispose" or "disposal" means to abandon, discharge,
16release, deposit, inject, dump, spill, leak, or place
17methamphetamine waste onto or into any land, water, or well of
18any type so that the waste has the potential to enter the
19environment, be emitted into the air, or be discharged into the
20soil or any waters, including groundwater.
21 "Emergency response" means the act of collecting evidence
22from or securing a methamphetamine laboratory site,
23methamphetamine waste site or other methamphetamine-related
24site and cleaning up the site, whether these actions are
25performed by public entities or private contractors paid by
26public entities.

HB4067- 170 -LRB101 15932 RLC 65292 b
1 "Emergency service provider" means a local, State, or
2federal peace officer, firefighter, emergency medical
3technician-ambulance, emergency medical
4technician-intermediate, emergency medical
5technician-paramedic, ambulance driver, or other medical or
6first aid personnel rendering aid, or any agent or designee of
7the foregoing.
8 "Finished methamphetamine" means methamphetamine in a form
9commonly used for personal consumption.
10 "Firearm" has the meaning provided in Section 2-7.5 of the
11Criminal Code of 2012 1.1 of the Firearm Owners Identification
12Card Act.
13 "Manufacture" means to produce, prepare, compound,
14convert, process, synthesize, concentrate, purify, separate,
15extract, or package any methamphetamine, methamphetamine
16precursor, methamphetamine manufacturing catalyst,
17methamphetamine manufacturing reagent, methamphetamine
18manufacturing solvent, or any substance containing any of the
19foregoing.
20 "Methamphetamine" means the chemical methamphetamine (a
21Schedule II controlled substance under the Illinois Controlled
22Substances Act) or any salt, optical isomer, salt of optical
23isomer, or analog thereof, with the exception of
243,4-Methylenedioxymethamphetamine (MDMA) or any other
25scheduled substance with a separate listing under the Illinois
26Controlled Substances Act.

HB4067- 171 -LRB101 15932 RLC 65292 b
1 "Methamphetamine manufacturing catalyst" means any
2substance that has been used, is being used, or is intended to
3be used to activate, accelerate, extend, or improve a chemical
4reaction involved in the manufacture of methamphetamine.
5 "Methamphetamine manufacturing environment" means a
6structure or vehicle in which:
7 (1) methamphetamine is being or has been manufactured;
8 (2) chemicals that are being used, have been used, or
9 are intended to be used to manufacture methamphetamine are
10 stored;
11 (3) methamphetamine manufacturing materials that have
12 been used to manufacture methamphetamine are stored; or
13 (4) methamphetamine manufacturing waste is stored.
14 "Methamphetamine manufacturing material" means any
15methamphetamine precursor, substance containing any
16methamphetamine precursor, methamphetamine manufacturing
17catalyst, substance containing any methamphetamine
18manufacturing catalyst, methamphetamine manufacturing reagent,
19substance containing any methamphetamine manufacturing
20reagent, methamphetamine manufacturing solvent, substance
21containing any methamphetamine manufacturing solvent, or any
22other chemical, substance, ingredient, equipment, apparatus,
23or item that is being used, has been used, or is intended to be
24used in the manufacture of methamphetamine.
25 "Methamphetamine manufacturing reagent" means any
26substance other than a methamphetamine manufacturing catalyst

HB4067- 172 -LRB101 15932 RLC 65292 b
1that has been used, is being used, or is intended to be used to
2react with and chemically alter any methamphetamine precursor.
3 "Methamphetamine manufacturing solvent" means any
4substance that has been used, is being used, or is intended to
5be used as a medium in which any methamphetamine precursor,
6methamphetamine manufacturing catalyst, methamphetamine
7manufacturing reagent, or any substance containing any of the
8foregoing is dissolved, diluted, or washed during any part of
9the methamphetamine manufacturing process.
10 "Methamphetamine manufacturing waste" means any chemical,
11substance, ingredient, equipment, apparatus, or item that is
12left over from, results from, or is produced by the process of
13manufacturing methamphetamine, other than finished
14methamphetamine.
15 "Methamphetamine precursor" means ephedrine,
16pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
17phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
18isomer, or salt of an optical isomer of any of these chemicals.
19 "Multi-unit dwelling" means a unified structure used or
20intended for use as a habitation, home, or residence that
21contains 2 or more condominiums, apartments, hotel rooms, motel
22rooms, or other living units.
23 "Package" means an item marked for retail sale that is not
24designed to be further broken down or subdivided for the
25purpose of retail sale.
26 "Participate" or "participation" in the manufacture of

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1methamphetamine means to produce, prepare, compound, convert,
2process, synthesize, concentrate, purify, separate, extract,
3or package any methamphetamine, methamphetamine precursor,
4methamphetamine manufacturing catalyst, methamphetamine
5manufacturing reagent, methamphetamine manufacturing solvent,
6or any substance containing any of the foregoing, or to assist
7in any of these actions, or to attempt to take any of these
8actions, regardless of whether this action or these actions
9result in the production of finished methamphetamine.
10 "Person with a disability" means a person who suffers from
11a permanent physical or mental impairment resulting from
12disease, injury, functional disorder, or congenital condition
13which renders the person incapable of adequately providing for
14his or her own health and personal care.
15 "Procure" means to purchase, steal, gather, or otherwise
16obtain, by legal or illegal means, or to cause another to take
17such action.
18 "Second or subsequent offense" means an offense under this
19Act committed by an offender who previously committed an
20offense under this Act, the Illinois Controlled Substances Act,
21the Cannabis Control Act, or another Act of this State, another
22state, or the United States relating to methamphetamine,
23cannabis, or any other controlled substance.
24 "Standard dosage form", as used in relation to any
25methamphetamine precursor, means that the methamphetamine
26precursor is contained in a pill, tablet, capsule, caplet, gel

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1cap, or liquid cap that has been manufactured by a lawful
2entity and contains a standard quantity of methamphetamine
3precursor.
4 "Unauthorized container", as used in relation to anhydrous
5ammonia, means any container that is not designed for the
6specific and sole purpose of holding, storing, transporting, or
7applying anhydrous ammonia. "Unauthorized container" includes,
8but is not limited to, any propane tank, fire extinguisher,
9oxygen cylinder, gasoline can, food or beverage cooler, or
10compressed gas cylinder used in dispensing fountain drinks.
11"Unauthorized container" does not encompass anhydrous ammonia
12manufacturing plants, refrigeration systems where anhydrous
13ammonia is used solely as a refrigerant, anhydrous ammonia
14transportation pipelines, anhydrous ammonia tankers, or
15anhydrous ammonia barges.
16(Source: P.A. 97-434, eff. 1-1-12.)
17 Section 90. The Code of Criminal Procedure of 1963 is
18amended by changing Sections 102-7.1, 110-10, 112A-11.1,
19112A-11.2, 112A-14, and 112A-14.7 as follows:
20 (725 ILCS 5/102-7.1)
21 Sec. 102-7.1. "Category A offense". "Category A offense"
22means a Class 1 felony, Class 2 felony, Class X felony, first
23degree murder, a violation of Section 11-204 of the Illinois
24Vehicle Code, a second or subsequent violation of Section

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111-501 of the Illinois Vehicle Code, a violation of subsection
2(d) of Section 11-501 of the Illinois Vehicle Code, a violation
3of Section 11-401 of the Illinois Vehicle Code if the accident
4results in injury and the person failed to report the accident
5within 30 minutes, a violation of Section 9-3, 9-3.4, 10-3,
610-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 12-2,
712-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1,
812-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 25-1,
926.5-2, or 48-1 of the Criminal Code of 2012, a second or
10subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code
11of 2012, a violation of paragraph (5) or (6) of subsection (b)
12of Section 10-9 of the Criminal Code of 2012, a violation of
13subsection (b) or (c) or paragraph (1) or (2) of subsection (a)
14of Section 11-1.50 of the Criminal Code of 2012, a violation of
15Section 12-7 of the Criminal Code of 2012 if the defendant
16inflicts bodily harm on the victim to obtain a confession,
17statement, or information, a violation of Section 12-7.5 of the
18Criminal Code of 2012 if the action results in bodily harm, a
19violation of paragraph (3) of subsection (b) of Section 17-2 of
20the Criminal Code of 2012, a violation of subdivision
21(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a
22violation of paragraph (6) of subsection (a) of Section 24-1 of
23the Criminal Code of 2012, a first violation of Section 24-1.6
24of the Criminal Code of 2012 by a person 18 years of age or
25older where the factors listed in both items (A) and (C) or
26both items (A-5) and (C) of paragraph (3) of subsection (a) of

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1Section 24-1.6 of the Criminal Code of 2012 are present, a
2Class 3 felony violation of paragraph (1) of subsection (a) of
3Section 2 of the Firearm Owners Identification Card Act
4committed before the effective date of this amendatory Act of
5the 101st General Assembly, or a violation of Section 10 of the
6Sex Offender Registration Act.
7(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
8 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
9 Sec. 110-10. Conditions of bail bond.
10 (a) If a person is released prior to conviction, either
11upon payment of bail security or on his or her own
12recognizance, the conditions of the bail bond shall be that he
13or she will:
14 (1) Appear to answer the charge in the court having
15 jurisdiction on a day certain and thereafter as ordered by
16 the court until discharged or final order of the court;
17 (2) Submit himself or herself to the orders and process
18 of the court;
19 (3) Not depart this State without leave of the court;
20 (4) Not violate any criminal statute of any
21 jurisdiction;
22 (5) At a time and place designated by the court,
23 surrender all firearms in his or her possession to a law
24 enforcement officer designated by the court to take custody
25 of and impound the firearms and physically surrender his or

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1 her Firearm Owner's Identification Card to the clerk of the
2 circuit court when the offense the person has been charged
3 with is a forcible felony, stalking, aggravated stalking,
4 domestic battery, any violation of the Illinois Controlled
5 Substances Act, the Methamphetamine Control and Community
6 Protection Act, or the Cannabis Control Act that is
7 classified as a Class 2 or greater felony, or any felony
8 violation of Article 24 of the Criminal Code of 1961 or the
9 Criminal Code of 2012; the court may, however, forgo the
10 imposition of this condition when the circumstances of the
11 case clearly do not warrant it or when its imposition would
12 be impractical; if the Firearm Owner's Identification Card
13 is confiscated, the clerk of the circuit court shall mail
14 the confiscated card to the Illinois State Police; all
15 legally possessed firearms shall be returned to the person
16 upon the charges being dismissed, or if the person is found
17 not guilty, unless the finding of not guilty is by reason
18 of insanity; and
19 (6) At a time and place designated by the court, submit
20 to a psychological evaluation when the person has been
21 charged with a violation of item (4) of subsection (a) of
22 Section 24-1 of the Criminal Code of 1961 or the Criminal
23 Code of 2012 and that violation occurred in a school or in
24 any conveyance owned, leased, or contracted by a school to
25 transport students to or from school or a school-related
26 activity, or on any public way within 1,000 feet of real

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1 property comprising any school.
2 Psychological evaluations ordered pursuant to this Section
3shall be completed promptly and made available to the State,
4the defendant, and the court. As a further condition of bail
5under these circumstances, the court shall order the defendant
6to refrain from entering upon the property of the school,
7including any conveyance owned, leased, or contracted by a
8school to transport students to or from school or a
9school-related activity, or on any public way within 1,000 feet
10of real property comprising any school. Upon receipt of the
11psychological evaluation, either the State or the defendant may
12request a change in the conditions of bail, pursuant to Section
13110-6 of this Code. The court may change the conditions of bail
14to include a requirement that the defendant follow the
15recommendations of the psychological evaluation, including
16undergoing psychiatric treatment. The conclusions of the
17psychological evaluation and any statements elicited from the
18defendant during its administration are not admissible as
19evidence of guilt during the course of any trial on the charged
20offense, unless the defendant places his or her mental
21competency in issue.
22 (b) The court may impose other conditions, such as the
23following, if the court finds that such conditions are
24reasonably necessary to assure the defendant's appearance in
25court, protect the public from the defendant, or prevent the
26defendant's unlawful interference with the orderly

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1administration of justice:
2 (1) Report to or appear in person before such person or
3 agency as the court may direct;
4 (2) Refrain from possessing a firearm or other
5 dangerous weapon;
6 (3) Refrain from approaching or communicating with
7 particular persons or classes of persons;
8 (4) Refrain from going to certain described
9 geographical areas or premises;
10 (5) Refrain from engaging in certain activities or
11 indulging in intoxicating liquors or in certain drugs;
12 (6) Undergo treatment for drug addiction or
13 alcoholism;
14 (7) Undergo medical or psychiatric treatment;
15 (8) Work or pursue a course of study or vocational
16 training;
17 (9) Attend or reside in a facility designated by the
18 court;
19 (10) Support his or her dependents;
20 (11) If a minor resides with his or her parents or in a
21 foster home, attend school, attend a non-residential
22 program for youths, and contribute to his or her own
23 support at home or in a foster home;
24 (12) Observe any curfew ordered by the court;
25 (13) Remain in the custody of such designated person or
26 organization agreeing to supervise his release. Such third

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1 party custodian shall be responsible for notifying the
2 court if the defendant fails to observe the conditions of
3 release which the custodian has agreed to monitor, and
4 shall be subject to contempt of court for failure so to
5 notify the court;
6 (14) Be placed under direct supervision of the Pretrial
7 Services Agency, Probation Department or Court Services
8 Department in a pretrial bond home supervision capacity
9 with or without the use of an approved electronic
10 monitoring device subject to Article 8A of Chapter V of the
11 Unified Code of Corrections;
12 (14.1) The court shall impose upon a defendant who is
13 charged with any alcohol, cannabis, methamphetamine, or
14 controlled substance violation and is placed under direct
15 supervision of the Pretrial Services Agency, Probation
16 Department or Court Services Department in a pretrial bond
17 home supervision capacity with the use of an approved
18 monitoring device, as a condition of such bail bond, a fee
19 that represents costs incidental to the electronic
20 monitoring for each day of such bail supervision ordered by
21 the court, unless after determining the inability of the
22 defendant to pay the fee, the court assesses a lesser fee
23 or no fee as the case may be. The fee shall be collected by
24 the clerk of the circuit court, except as provided in an
25 administrative order of the Chief Judge of the circuit
26 court. The clerk of the circuit court shall pay all monies

HB4067- 181 -LRB101 15932 RLC 65292 b
1 collected from this fee to the county treasurer for deposit
2 in the substance abuse services fund under Section 5-1086.1
3 of the Counties Code, except as provided in an
4 administrative order of the Chief Judge of the circuit
5 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 (14.2) The court shall impose upon all defendants,
20 including those defendants subject to paragraph (14.1)
21 above, placed under direct supervision of the Pretrial
22 Services Agency, Probation Department or Court Services
23 Department in a pretrial bond home supervision capacity
24 with the use of an approved monitoring device, as a
25 condition of such bail bond, a fee which shall represent
26 costs incidental to such electronic monitoring for each day

HB4067- 182 -LRB101 15932 RLC 65292 b
1 of such bail supervision ordered by the court, unless after
2 determining the inability of the defendant to pay the fee,
3 the court assesses a lesser fee or no fee as the case may
4 be. The fee shall be collected by the clerk of the circuit
5 court, except as provided in an administrative order of the
6 Chief Judge of the circuit court. The clerk of the circuit
7 court shall pay all monies collected from this fee to the
8 county treasurer who shall use the monies collected to
9 defray the costs of corrections. The county treasurer shall
10 deposit the fee collected in the county working cash fund
11 under Section 6-27001 or Section 6-29002 of the Counties
12 Code, as the case may be, except as provided in an
13 administrative order of the Chief Judge of the circuit
14 court.
15 The Chief Judge of the circuit court of the county may
16 by administrative order establish a program for electronic
17 monitoring of offenders with regard to drug-related and
18 alcohol-related offenses, in which a vendor supplies and
19 monitors the operation of the electronic monitoring
20 device, and collects the fees on behalf of the county. The
21 program shall include provisions for indigent offenders
22 and the collection of unpaid fees. The program shall not
23 unduly burden the offender and shall be subject to review
24 by the Chief Judge.
25 The Chief Judge of the circuit court may suspend any
26 additional charges or fees for late payment, interest, or

HB4067- 183 -LRB101 15932 RLC 65292 b
1 damage to any device;
2 (14.3) The Chief Judge of the Judicial Circuit may
3 establish reasonable fees to be paid by a person receiving
4 pretrial services while under supervision of a pretrial
5 services agency, probation department, or court services
6 department. Reasonable fees may be charged for pretrial
7 services including, but not limited to, pretrial
8 supervision, diversion programs, electronic monitoring,
9 victim impact services, drug and alcohol testing, DNA
10 testing, GPS electronic monitoring, assessments and
11 evaluations related to domestic violence and other
12 victims, and victim mediation services. The person
13 receiving pretrial services may be ordered to pay all costs
14 incidental to pretrial services in accordance with his or
15 her ability to pay those costs;
16 (14.4) For persons charged with violating Section
17 11-501 of the Illinois Vehicle Code, refrain from operating
18 a motor vehicle not equipped with an ignition interlock
19 device, as defined in Section 1-129.1 of the Illinois
20 Vehicle Code, pursuant to the rules promulgated by the
21 Secretary of State for the installation of ignition
22 interlock devices. Under this condition the court may allow
23 a defendant who is not self-employed to operate a vehicle
24 owned by the defendant's employer that is not equipped with
25 an ignition interlock device in the course and scope of the
26 defendant's employment;

HB4067- 184 -LRB101 15932 RLC 65292 b
1 (15) Comply with the terms and conditions of an order
2 of protection issued by the court under the Illinois
3 Domestic Violence Act of 1986 or an order of protection
4 issued by the court of another state, tribe, or United
5 States territory;
6 (16) Under Section 110-6.5 comply with the conditions
7 of the drug testing program; and
8 (17) Such other reasonable conditions as the court may
9 impose.
10 (c) When a person is charged with an offense under Section
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
13Criminal Code of 2012, involving a victim who is a minor under
1418 years of age living in the same household with the defendant
15at the time of the offense, in granting bail or releasing the
16defendant on his own recognizance, the judge shall impose
17conditions to restrict the defendant's access to the victim
18which may include, but are not limited to conditions that he
19will:
20 1. Vacate the household.
21 2. Make payment of temporary support to his dependents.
22 3. Refrain from contact or communication with the child
23 victim, except as ordered by the court.
24 (d) When a person is charged with a criminal offense and
25the victim is a family or household member as defined in
26Article 112A, conditions shall be imposed at the time of the

HB4067- 185 -LRB101 15932 RLC 65292 b
1defendant's release on bond that restrict the defendant's
2access to the victim. Unless provided otherwise by the court,
3the restrictions shall include requirements that the defendant
4do the following:
5 (1) refrain from contact or communication with the
6 victim for a minimum period of 72 hours following the
7 defendant's release; and
8 (2) refrain from entering or remaining at the victim's
9 residence for a minimum period of 72 hours following the
10 defendant's release.
11 (e) Local law enforcement agencies shall develop
12standardized bond forms for use in cases involving family or
13household members as defined in Article 112A, including
14specific conditions of bond as provided in subsection (d).
15Failure of any law enforcement department to develop or use
16those forms shall in no way limit the applicability and
17enforcement of subsections (d) and (f).
18 (f) If the defendant is admitted to bail after conviction
19the conditions of the bail bond shall be that he will, in
20addition to the conditions set forth in subsections (a) and (b)
21hereof:
22 (1) Duly prosecute his appeal;
23 (2) Appear at such time and place as the court may
24 direct;
25 (3) Not depart this State without leave of the court;
26 (4) Comply with such other reasonable conditions as the

HB4067- 186 -LRB101 15932 RLC 65292 b
1 court may impose; and
2 (5) If the judgment is affirmed or the cause reversed
3 and remanded for a new trial, forthwith surrender to the
4 officer from whose custody he was bailed.
5 (g) Upon a finding of guilty for any felony offense, the
6defendant shall physically surrender, at a time and place
7designated by the court, any and all firearms in his or her
8possession and his or her Firearm Owner's Identification Card
9as a condition of remaining on bond pending sentencing.
10 (h) In the event the defendant is unable to post bond, the
11court may impose a no contact provision with the victim or
12other interested party that shall be enforced while the
13defendant remains in custody.
14(Source: P.A. 101-138, eff. 1-1-20.)
15 (725 ILCS 5/112A-11.1)
16 Sec. 112A-11.1. Procedure for determining whether certain
17misdemeanor crimes are crimes of domestic violence for purposes
18of federal law.
19 (a) When a defendant has been charged with a violation of
20Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
21Criminal Code of 1961 or the Criminal Code of 2012, the State
22may, at arraignment or no later than 45 days after arraignment,
23for the purpose of notification to the Department of State
24Police Firearm Owner's Identification Card Office, serve on the
25defendant and file with the court a notice alleging that

HB4067- 187 -LRB101 15932 RLC 65292 b
1conviction of the offense would subject the defendant to the
2prohibitions of 18 U.S.C. 922(g)(9) because of the relationship
3between the defendant and the alleged victim and the nature of
4the alleged offense.
5 (b) The notice shall include the name of the person alleged
6to be the victim of the crime and shall specify the nature of
7the alleged relationship as set forth in 18 U.S.C.
8921(a)(33)(A)(ii). It shall also specify the element of the
9charged offense which requires the use or attempted use of
10physical force, or the threatened use of a deadly weapon, as
11set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
12notice that the defendant is entitled to a hearing on the
13allegation contained in the notice and that if the allegation
14is sustained, that determination and conviction shall be
15reported to the Department of State Police Firearm Owner's
16Identification Card Office.
17 (c) After having been notified as provided in subsection
18(b) of this Section, the defendant may stipulate or admit,
19orally on the record or in writing, that conviction of the
20offense would subject the defendant to the prohibitions of 18
21U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
22922(g)(9) shall be deemed established for purposes of Section
23112A-11.2. If the defendant denies the applicability of 18
24U.S.C. 922(g)(9) as alleged in the notice served by the State,
25or stands mute with respect to that allegation, then the State
26shall bear the burden to prove beyond a reasonable doubt that

HB4067- 188 -LRB101 15932 RLC 65292 b
1the offense is one to which the prohibitions of 18 U.S.C.
2922(g)(9) apply. The court may consider reliable hearsay
3evidence submitted by either party provided that it is relevant
4to the determination of the allegation. Facts previously proven
5at trial or elicited at the time of entry of a plea of guilty
6shall be deemed established beyond a reasonable doubt and shall
7not be relitigated. At the conclusion of the hearing, or upon a
8stipulation or admission, as applicable, the court shall make a
9specific written determination with respect to the allegation.
10(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
11 (725 ILCS 5/112A-11.2)
12 Sec. 112A-11.2. Notification to the Department of State
13Police Firearm Owner's Identification Card Office of
14determinations in certain misdemeanor cases. Upon judgment of
15conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
1612-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
17Code of 2012 when the defendant has been determined, under
18Section 112A-11.1, to be subject to the prohibitions of 18
19U.S.C. 922(g)(9), the circuit court clerk shall include
20notification and a copy of the written determination in a
21report of the conviction to the Department of State Police
22Firearm Owner's Identification Card Office to enable the office
23to report that determination to the Federal Bureau of
24Investigation and assist the Bureau in identifying persons
25prohibited from purchasing and possessing a firearm pursuant to

HB4067- 189 -LRB101 15932 RLC 65292 b
1the provisions of 18 U.S.C. 922.
2(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
3 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
4 Sec. 112A-14. Domestic violence order of protection;
5remedies.
6 (a) (Blank).
7 (b) The court may order any of the remedies listed in this
8subsection (b). The remedies listed in this subsection (b)
9shall be in addition to other civil or criminal remedies
10available to petitioner.
11 (1) Prohibition of abuse. Prohibit respondent's
12 harassment, interference with personal liberty,
13 intimidation of a dependent, physical abuse, or willful
14 deprivation, as defined in this Article, if such abuse has
15 occurred or otherwise appears likely to occur if not
16 prohibited.
17 (2) Grant of exclusive possession of residence.
18 Prohibit respondent from entering or remaining in any
19 residence, household, or premises of the petitioner,
20 including one owned or leased by respondent, if petitioner
21 has a right to occupancy thereof. The grant of exclusive
22 possession of the residence, household, or premises shall
23 not affect title to real property, nor shall the court be
24 limited by the standard set forth in subsection (c-2) of
25 Section 501 of the Illinois Marriage and Dissolution of

HB4067- 190 -LRB101 15932 RLC 65292 b
1 Marriage Act.
2 (A) Right to occupancy. A party has a right to
3 occupancy of a residence or household if it is solely
4 or jointly owned or leased by that party, that party's
5 spouse, a person with a legal duty to support that
6 party or a minor child in that party's care, or by any
7 person or entity other than the opposing party that
8 authorizes that party's occupancy (e.g., a domestic
9 violence shelter). Standards set forth in subparagraph
10 (B) shall not preclude equitable relief.
11 (B) Presumption of hardships. If petitioner and
12 respondent each has the right to occupancy of a
13 residence or household, the court shall balance (i) the
14 hardships to respondent and any minor child or
15 dependent adult in respondent's care resulting from
16 entry of this remedy with (ii) the hardships to
17 petitioner and any minor child or dependent adult in
18 petitioner's care resulting from continued exposure to
19 the risk of abuse (should petitioner remain at the
20 residence or household) or from loss of possession of
21 the residence or household (should petitioner leave to
22 avoid the risk of abuse). When determining the balance
23 of hardships, the court shall also take into account
24 the accessibility of the residence or household.
25 Hardships need not be balanced if respondent does not
26 have a right to occupancy.

HB4067- 191 -LRB101 15932 RLC 65292 b
1 The balance of hardships is presumed to favor
2 possession by petitioner unless the presumption is
3 rebutted by a preponderance of the evidence, showing
4 that the hardships to respondent substantially
5 outweigh the hardships to petitioner and any minor
6 child or dependent adult in petitioner's care. The
7 court, on the request of petitioner or on its own
8 motion, may order respondent to provide suitable,
9 accessible, alternate housing for petitioner instead
10 of excluding respondent from a mutual residence or
11 household.
12 (3) Stay away order and additional prohibitions. Order
13 respondent to stay away from petitioner or any other person
14 protected by the domestic violence order of protection, or
15 prohibit respondent from entering or remaining present at
16 petitioner's school, place of employment, or other
17 specified places at times when petitioner is present, or
18 both, if reasonable, given the balance of hardships.
19 Hardships need not be balanced for the court to enter a
20 stay away order or prohibit entry if respondent has no
21 right to enter the premises.
22 (A) If a domestic violence order of protection
23 grants petitioner exclusive possession of the
24 residence, prohibits respondent from entering the
25 residence, or orders respondent to stay away from
26 petitioner or other protected persons, then the court

HB4067- 192 -LRB101 15932 RLC 65292 b
1 may allow respondent access to the residence to remove
2 items of clothing and personal adornment used
3 exclusively by respondent, medications, and other
4 items as the court directs. The right to access shall
5 be exercised on only one occasion as the court directs
6 and in the presence of an agreed-upon adult third party
7 or law enforcement officer.
8 (B) When the petitioner and the respondent attend
9 the same public, private, or non-public elementary,
10 middle, or high school, the court when issuing a
11 domestic violence order of protection and providing
12 relief shall consider the severity of the act, any
13 continuing physical danger or emotional distress to
14 the petitioner, the educational rights guaranteed to
15 the petitioner and respondent under federal and State
16 law, the availability of a transfer of the respondent
17 to another school, a change of placement or a change of
18 program of the respondent, the expense, difficulty,
19 and educational disruption that would be caused by a
20 transfer of the respondent to another school, and any
21 other relevant facts of the case. The court may order
22 that the respondent not attend the public, private, or
23 non-public elementary, middle, or high school attended
24 by the petitioner, order that the respondent accept a
25 change of placement or change of program, as determined
26 by the school district or private or non-public school,

HB4067- 193 -LRB101 15932 RLC 65292 b
1 or place restrictions on the respondent's movements
2 within the school attended by the petitioner. The
3 respondent bears the burden of proving by a
4 preponderance of the evidence that a transfer, change
5 of placement, or change of program of the respondent is
6 not available. The respondent also bears the burden of
7 production with respect to the expense, difficulty,
8 and educational disruption that would be caused by a
9 transfer of the respondent to another school. A
10 transfer, change of placement, or change of program is
11 not unavailable to the respondent solely on the ground
12 that the respondent does not agree with the school
13 district's or private or non-public school's transfer,
14 change of placement, or change of program or solely on
15 the ground that the respondent fails or refuses to
16 consent or otherwise does not take an action required
17 to effectuate a transfer, change of placement, or
18 change of program. When a court orders a respondent to
19 stay away from the public, private, or non-public
20 school attended by the petitioner and the respondent
21 requests a transfer to another attendance center
22 within the respondent's school district or private or
23 non-public school, the school district or private or
24 non-public school shall have sole discretion to
25 determine the attendance center to which the
26 respondent is transferred. If the court order results

HB4067- 194 -LRB101 15932 RLC 65292 b
1 in a transfer of the minor respondent to another
2 attendance center, a change in the respondent's
3 placement, or a change of the respondent's program, the
4 parents, guardian, or legal custodian of the
5 respondent is responsible for transportation and other
6 costs associated with the transfer or change.
7 (C) The court may order the parents, guardian, or
8 legal custodian of a minor respondent to take certain
9 actions or to refrain from taking certain actions to
10 ensure that the respondent complies with the order. If
11 the court orders a transfer of the respondent to
12 another school, the parents, guardian, or legal
13 custodian of the respondent is responsible for
14 transportation and other costs associated with the
15 change of school by the respondent.
16 (4) Counseling. Require or recommend the respondent to
17 undergo counseling for a specified duration with a social
18 worker, psychologist, clinical psychologist, psychiatrist,
19 family service agency, alcohol or substance abuse program,
20 mental health center guidance counselor, agency providing
21 services to elders, program designed for domestic violence
22 abusers, or any other guidance service the court deems
23 appropriate. The court may order the respondent in any
24 intimate partner relationship to report to an Illinois
25 Department of Human Services protocol approved partner
26 abuse intervention program for an assessment and to follow

HB4067- 195 -LRB101 15932 RLC 65292 b
1 all recommended treatment.
2 (5) Physical care and possession of the minor child. In
3 order to protect the minor child from abuse, neglect, or
4 unwarranted separation from the person who has been the
5 minor child's primary caretaker, or to otherwise protect
6 the well-being of the minor child, the court may do either
7 or both of the following: (i) grant petitioner physical
8 care or possession of the minor child, or both, or (ii)
9 order respondent to return a minor child to, or not remove
10 a minor child from, the physical care of a parent or person
11 in loco parentis.
12 If the respondent is charged with abuse (as defined in
13 Section 112A-3 of this Code) of a minor child, there shall
14 be a rebuttable presumption that awarding physical care to
15 respondent would not be in the minor child's best interest.
16 (6) Temporary allocation of parental responsibilities
17 and significant decision-making responsibilities. Award
18 temporary significant decision-making responsibility to
19 petitioner in accordance with this Section, the Illinois
20 Marriage and Dissolution of Marriage Act, the Illinois
21 Parentage Act of 2015, and this State's Uniform
22 Child-Custody Jurisdiction and Enforcement Act.
23 If the respondent is charged with abuse (as defined in
24 Section 112A-3 of this Code) of a minor child, there shall
25 be a rebuttable presumption that awarding temporary
26 significant decision-making responsibility to respondent

HB4067- 196 -LRB101 15932 RLC 65292 b
1 would not be in the child's best interest.
2 (7) Parenting time. Determine the parenting time, if
3 any, of respondent in any case in which the court awards
4 physical care or temporary significant decision-making
5 responsibility of a minor child to petitioner. The court
6 shall restrict or deny respondent's parenting time with a
7 minor child if the court finds that respondent has done or
8 is likely to do any of the following:
9 (i) abuse or endanger the minor child during
10 parenting time;
11 (ii) use the parenting time as an opportunity to
12 abuse or harass petitioner or petitioner's family or
13 household members;
14 (iii) improperly conceal or detain the minor
15 child; or
16 (iv) otherwise act in a manner that is not in the
17 best interests of the minor child.
18 The court shall not be limited by the standards set
19 forth in Section 603.10 of the Illinois Marriage and
20 Dissolution of Marriage Act. If the court grants parenting
21 time, the order shall specify dates and times for the
22 parenting time to take place or other specific parameters
23 or conditions that are appropriate. No order for parenting
24 time shall refer merely to the term "reasonable parenting
25 time". Petitioner may deny respondent access to the minor
26 child if, when respondent arrives for parenting time,

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

HB4067- 198 -LRB101 15932 RLC 65292 b
1 (i) petitioner, but not respondent, owns the
2 property; or
3 (ii) the petitioner and respondent own the
4 property jointly; sharing it would risk abuse of
5 petitioner by respondent or is impracticable; and the
6 balance of hardships favors temporary possession by
7 petitioner.
8 If petitioner's sole claim to ownership of the property
9 is that it is marital property, the court may award
10 petitioner temporary possession thereof under the
11 standards of subparagraph (ii) of this paragraph only if a
12 proper proceeding has been filed under the Illinois
13 Marriage and Dissolution of Marriage Act, as now or
14 hereafter amended.
15 No order under this provision shall affect title to
16 property.
17 (11) Protection of property. Forbid the respondent
18 from taking, transferring, encumbering, concealing,
19 damaging, or otherwise disposing of any real or personal
20 property, except as explicitly authorized by the court, if:
21 (i) petitioner, but not respondent, owns the
22 property; or
23 (ii) the petitioner and respondent own the
24 property jointly, and the balance of hardships favors
25 granting this remedy.
26 If petitioner's sole claim to ownership of the property

HB4067- 199 -LRB101 15932 RLC 65292 b
1 is that it is marital property, the court may grant
2 petitioner relief under subparagraph (ii) of this
3 paragraph only if a proper proceeding has been filed under
4 the Illinois Marriage and Dissolution of Marriage Act, as
5 now or hereafter amended.
6 The court may further prohibit respondent from
7 improperly using the financial or other resources of an
8 aged member of the family or household for the profit or
9 advantage of respondent or of any other person.
10 (11.5) Protection of animals. Grant the petitioner the
11 exclusive care, custody, or control of any animal owned,
12 possessed, leased, kept, or held by either the petitioner
13 or the respondent or a minor child residing in the
14 residence or household of either the petitioner or the
15 respondent and order the respondent to stay away from the
16 animal and forbid the respondent from taking,
17 transferring, encumbering, concealing, harming, or
18 otherwise disposing of the animal.
19 (12) Order for payment of support. Order respondent to
20 pay temporary support for the petitioner or any child in
21 the petitioner's care or over whom the petitioner has been
22 allocated parental responsibility, when the respondent has
23 a legal obligation to support that person, in accordance
24 with the Illinois Marriage and Dissolution of Marriage Act,
25 which shall govern, among other matters, the amount of
26 support, payment through the clerk and withholding of

HB4067- 200 -LRB101 15932 RLC 65292 b
1 income to secure payment. An order for child support may be
2 granted to a petitioner with lawful physical care of a
3 child, or an order or agreement for physical care of a
4 child, prior to entry of an order allocating significant
5 decision-making responsibility. Such a support order shall
6 expire upon entry of a valid order allocating parental
7 responsibility differently and vacating petitioner's
8 significant decision-making responsibility unless
9 otherwise provided in the order.
10 (13) Order for payment of losses. Order respondent to
11 pay petitioner for losses suffered as a direct result of
12 the abuse. Such losses shall include, but not be limited
13 to, medical expenses, lost earnings or other support,
14 repair or replacement of property damaged or taken,
15 reasonable attorney's fees, court costs, and moving or
16 other travel expenses, including additional reasonable
17 expenses for temporary shelter and restaurant meals.
18 (i) Losses affecting family needs. If a party is
19 entitled to seek maintenance, child support, or
20 property distribution from the other party under the
21 Illinois Marriage and Dissolution of Marriage Act, as
22 now or hereafter amended, the court may order
23 respondent to reimburse petitioner's actual losses, to
24 the extent that such reimbursement would be
25 "appropriate temporary relief", as authorized by
26 subsection (a)(3) of Section 501 of that Act.

HB4067- 201 -LRB101 15932 RLC 65292 b
1 (ii) Recovery of expenses. In the case of an
2 improper concealment or removal of a minor child, the
3 court may order respondent to pay the reasonable
4 expenses incurred or to be incurred in the search for
5 and recovery of the minor child, including, but not
6 limited to, legal fees, court costs, private
7 investigator fees, and travel costs.
8 (14) Prohibition of entry. Prohibit the respondent
9 from entering or remaining in the residence or household
10 while the respondent is under the influence of alcohol or
11 drugs and constitutes a threat to the safety and well-being
12 of the petitioner or the petitioner's children.
13 (14.5) Prohibition of firearm possession.
14 (A) A person who is subject to an existing domestic
15 violence order of protection issued under this Code may
16 not lawfully possess firearms, stun guns, or tasers
17 weapons under Section 8.2 of the Firearm Owners
18 Identification Card Act.
19 (B) Any firearms in the possession of the
20 respondent, except as provided in subparagraph (C) of
21 this paragraph (14.5), shall be ordered by the court to
22 be turned over to a person who is not prohibited under
23 State or federal law from possessing firearms with a
24 valid Firearm Owner's Identification Card for
25 safekeeping. The court shall issue an order that the
26 respondent's Firearm Owner's Identification Card be

HB4067- 202 -LRB101 15932 RLC 65292 b
1 turned over to the local law enforcement agency, which
2 in turn shall immediately mail the card to the
3 Department of State Police Firearm Owner's
4 Identification Card Office for safekeeping. The period
5 of safekeeping shall be for the duration of the
6 domestic violence order of protection. The firearm or
7 firearms and Firearm Owner's Identification Card, if
8 unexpired, shall at the respondent's request be
9 returned to the respondent at expiration of the
10 domestic violence order of protection.
11 (C) If the respondent is a peace officer as defined
12 in Section 2-13 of the Criminal Code of 2012, the court
13 shall order that any firearms used by the respondent in
14 the performance of his or her duties as a peace officer
15 be surrendered to the chief law enforcement executive
16 of the agency in which the respondent is employed, who
17 shall retain the firearms for safekeeping for the
18 duration of the domestic violence order of protection.
19 (D) Upon expiration of the period of safekeeping,
20 if the firearms or Firearm Owner's Identification Card
21 cannot be returned to respondent because respondent
22 cannot be located, fails to respond to requests to
23 retrieve the firearms, or is not lawfully eligible to
24 possess a firearm, upon petition from the local law
25 enforcement agency, the court may order the local law
26 enforcement agency to destroy the firearms, use the

HB4067- 203 -LRB101 15932 RLC 65292 b
1 firearms for training purposes, or for any other
2 application as deemed appropriate by the local law
3 enforcement agency; or that the firearms be turned over
4 to a third party who is lawfully eligible to possess
5 firearms, and who does not reside with respondent.
6 (15) Prohibition of access to records. If a domestic
7 violence order of protection prohibits respondent from
8 having contact with the minor child, or if petitioner's
9 address is omitted under subsection (b) of Section 112A-5
10 of this Code, or if necessary to prevent abuse or wrongful
11 removal or concealment of a minor child, the order shall
12 deny respondent access to, and prohibit respondent from
13 inspecting, obtaining, or attempting to inspect or obtain,
14 school or any other records of the minor child who is in
15 the care of petitioner.
16 (16) Order for payment of shelter services. Order
17 respondent to reimburse a shelter providing temporary
18 housing and counseling services to the petitioner for the
19 cost of the services, as certified by the shelter and
20 deemed reasonable by the court.
21 (17) Order for injunctive relief. Enter injunctive
22 relief necessary or appropriate to prevent further abuse of
23 a family or household member or to effectuate one of the
24 granted remedies, if supported by the balance of hardships.
25 If the harm to be prevented by the injunction is abuse or
26 any other harm that one of the remedies listed in

HB4067- 204 -LRB101 15932 RLC 65292 b
1 paragraphs (1) through (16) of this subsection is designed
2 to prevent, no further evidence is necessary to establish
3 that the harm is an irreparable injury.
4 (18) Telephone services.
5 (A) Unless a condition described in subparagraph
6 (B) of this paragraph exists, the court may, upon
7 request by the petitioner, order a wireless telephone
8 service provider to transfer to the petitioner the
9 right to continue to use a telephone number or numbers
10 indicated by the petitioner and the financial
11 responsibility associated with the number or numbers,
12 as set forth in subparagraph (C) of this paragraph. In
13 this paragraph (18), the term "wireless telephone
14 service provider" means a provider of commercial
15 mobile service as defined in 47 U.S.C. 332. The
16 petitioner may request the transfer of each telephone
17 number that the petitioner, or a minor child in his or
18 her custody, uses. The clerk of the court shall serve
19 the order on the wireless telephone service provider's
20 agent for service of process provided to the Illinois
21 Commerce Commission. The order shall contain all of the
22 following:
23 (i) The name and billing telephone number of
24 the account holder including the name of the
25 wireless telephone service provider that serves
26 the account.

HB4067- 205 -LRB101 15932 RLC 65292 b
1 (ii) Each telephone number that will be
2 transferred.
3 (iii) A statement that the provider transfers
4 to the petitioner all financial responsibility for
5 and right to the use of any telephone number
6 transferred under this paragraph.
7 (B) A wireless telephone service provider shall
8 terminate the respondent's use of, and shall transfer
9 to the petitioner use of, the telephone number or
10 numbers indicated in subparagraph (A) of this
11 paragraph unless it notifies the petitioner, within 72
12 hours after it receives the order, that one of the
13 following applies:
14 (i) The account holder named in the order has
15 terminated the account.
16 (ii) A difference in network technology would
17 prevent or impair the functionality of a device on
18 a network if the transfer occurs.
19 (iii) The transfer would cause a geographic or
20 other limitation on network or service provision
21 to the petitioner.
22 (iv) Another technological or operational
23 issue would prevent or impair the use of the
24 telephone number if the transfer occurs.
25 (C) The petitioner assumes all financial
26 responsibility for and right to the use of any

HB4067- 206 -LRB101 15932 RLC 65292 b
1 telephone number transferred under this paragraph. In
2 this paragraph, "financial responsibility" includes
3 monthly service costs and costs associated with any
4 mobile device associated with the number.
5 (D) A wireless telephone service provider may
6 apply to the petitioner its routine and customary
7 requirements for establishing an account or
8 transferring a number, including requiring the
9 petitioner to provide proof of identification,
10 financial information, and customer preferences.
11 (E) Except for willful or wanton misconduct, a
12 wireless telephone service provider is immune from
13 civil liability for its actions taken in compliance
14 with a court order issued under this paragraph.
15 (F) All wireless service providers that provide
16 services to residential customers shall provide to the
17 Illinois Commerce Commission the name and address of an
18 agent for service of orders entered under this
19 paragraph (18). Any change in status of the registered
20 agent must be reported to the Illinois Commerce
21 Commission within 30 days of such change.
22 (G) The Illinois Commerce Commission shall
23 maintain the list of registered agents for service for
24 each wireless telephone service provider on the
25 Commission's website. The Commission may consult with
26 wireless telephone service providers and the Circuit

HB4067- 207 -LRB101 15932 RLC 65292 b
1 Court Clerks on the manner in which this information is
2 provided and displayed.
3 (c) Relevant factors; findings.
4 (1) In determining whether to grant a specific remedy,
5 other than payment of support, the court shall consider
6 relevant factors, including, but not limited to, the
7 following:
8 (i) the nature, frequency, severity, pattern, and
9 consequences of the respondent's past abuse of the
10 petitioner or any family or household member,
11 including the concealment of his or her location in
12 order to evade service of process or notice, and the
13 likelihood of danger of future abuse to petitioner or
14 any member of petitioner's or respondent's family or
15 household; and
16 (ii) the danger that any minor child will be abused
17 or neglected or improperly relocated from the
18 jurisdiction, improperly concealed within the State,
19 or improperly separated from the child's primary
20 caretaker.
21 (2) In comparing relative hardships resulting to the
22 parties from loss of possession of the family home, the
23 court shall consider relevant factors, including, but not
24 limited to, the following:
25 (i) availability, accessibility, cost, safety,
26 adequacy, location, and other characteristics of

HB4067- 208 -LRB101 15932 RLC 65292 b
1 alternate housing for each party and any minor child or
2 dependent adult in the party's care;
3 (ii) the effect on the party's employment; and
4 (iii) the effect on the relationship of the party,
5 and any minor child or dependent adult in the party's
6 care, to family, school, church, and community.
7 (3) Subject to the exceptions set forth in paragraph
8 (4) of this subsection (c), the court shall make its
9 findings in an official record or in writing, and shall at
10 a minimum set forth the following:
11 (i) That the court has considered the applicable
12 relevant factors described in paragraphs (1) and (2) of
13 this subsection (c).
14 (ii) Whether the conduct or actions of respondent,
15 unless prohibited, will likely cause irreparable harm
16 or continued abuse.
17 (iii) Whether it is necessary to grant the
18 requested relief in order to protect petitioner or
19 other alleged abused persons.
20 (4) (Blank).
21 (5) Never married parties. No rights or
22 responsibilities for a minor child born outside of marriage
23 attach to a putative father until a father and child
24 relationship has been established under the Illinois
25 Parentage Act of 1984, the Illinois Parentage Act of 2015,
26 the Illinois Public Aid Code, Section 12 of the Vital

HB4067- 209 -LRB101 15932 RLC 65292 b
1 Records Act, the Juvenile Court Act of 1987, the Probate
2 Act of 1975, the Uniform Interstate Family Support Act, the
3 Expedited Child Support Act of 1990, any judicial,
4 administrative, or other act of another state or territory,
5 any other statute of this State, or by any foreign nation
6 establishing the father and child relationship, any other
7 proceeding substantially in conformity with the federal
8 Personal Responsibility and Work Opportunity
9 Reconciliation Act of 1996, or when both parties appeared
10 in open court or at an administrative hearing acknowledging
11 under oath or admitting by affirmation the existence of a
12 father and child relationship. Absent such an
13 adjudication, no putative father shall be granted
14 temporary allocation of parental responsibilities,
15 including parenting time with the minor child, or physical
16 care and possession of the minor child, nor shall an order
17 of payment for support of the minor child be entered.
18 (d) Balance of hardships; findings. If the court finds that
19the balance of hardships does not support the granting of a
20remedy governed by paragraph (2), (3), (10), (11), or (16) of
21subsection (b) of this Section, which may require such
22balancing, the court's findings shall so indicate and shall
23include a finding as to whether granting the remedy will result
24in hardship to respondent that would substantially outweigh the
25hardship to petitioner from denial of the remedy. The findings
26shall be an official record or in writing.

HB4067- 210 -LRB101 15932 RLC 65292 b
1 (e) Denial of remedies. Denial of any remedy shall not be
2based, in whole or in part, on evidence that:
3 (1) respondent has cause for any use of force, unless
4 that cause satisfies the standards for justifiable use of
5 force provided by Article 7 of the Criminal Code of 2012;
6 (2) respondent was voluntarily intoxicated;
7 (3) petitioner acted in self-defense or defense of
8 another, provided that, if petitioner utilized force, such
9 force was justifiable under Article 7 of the Criminal Code
10 of 2012;
11 (4) petitioner did not act in self-defense or defense
12 of another;
13 (5) petitioner left the residence or household to avoid
14 further abuse by respondent;
15 (6) petitioner did not leave the residence or household
16 to avoid further abuse by respondent; or
17 (7) conduct by any family or household member excused
18 the abuse by respondent, unless that same conduct would
19 have excused such abuse if the parties had not been family
20 or household members.
21(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18;
22100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff.
231-1-19; 101-81, eff. 7-12-19.)
24 (725 ILCS 5/112A-14.7)
25 Sec. 112A-14.7. Stalking no contact order; remedies.

HB4067- 211 -LRB101 15932 RLC 65292 b
1 (a) The court may order any of the remedies listed in this
2Section. The remedies listed in this Section shall be in
3addition to other civil or criminal remedies available to
4petitioner. A stalking no contact order shall order one or more
5of the following:
6 (1) prohibit the respondent from threatening to commit
7 or committing stalking;
8 (2) order the respondent not to have any contact with
9 the petitioner or a third person specifically named by the
10 court;
11 (3) prohibit the respondent from knowingly coming
12 within, or knowingly remaining within a specified distance
13 of the petitioner or the petitioner's residence, school,
14 daycare, or place of employment, or any specified place
15 frequented by the petitioner; however, the court may order
16 the respondent to stay away from the respondent's own
17 residence, school, or place of employment only if the
18 respondent has been provided actual notice of the
19 opportunity to appear and be heard on the petition;
20 (4) prohibit the respondent from possessing a Firearm
21 Owners Identification Card, or possessing or buying
22 firearms; and
23 (5) order other injunctive relief the court determines
24 to be necessary to protect the petitioner or third party
25 specifically named by the court.
26 (b) When the petitioner and the respondent attend the same

HB4067- 212 -LRB101 15932 RLC 65292 b
1public, private, or non-public elementary, middle, or high
2school, the court when issuing a stalking no contact order and
3providing relief shall consider the severity of the act, any
4continuing physical danger or emotional distress to the
5petitioner, the educational rights guaranteed to the
6petitioner and respondent under federal and State law, the
7availability of a transfer of the respondent to another school,
8a change of placement or a change of program of the respondent,
9the expense, difficulty, and educational disruption that would
10be caused by a transfer of the respondent to another school,
11and any other relevant facts of the case. The court may order
12that the respondent not attend the public, private, or
13non-public elementary, middle, or high school attended by the
14petitioner, order that the respondent accept a change of
15placement or program, as determined by the school district or
16private or non-public school, or place restrictions on the
17respondent's movements within the school attended by the
18petitioner. The respondent bears the burden of proving by a
19preponderance of the evidence that a transfer, change of
20placement, or change of program of the respondent is not
21available. The respondent also bears the burden of production
22with respect to the expense, difficulty, and educational
23disruption that would be caused by a transfer of the respondent
24to another school. A transfer, change of placement, or change
25of program is not unavailable to the respondent solely on the
26ground that the respondent does not agree with the school

HB4067- 213 -LRB101 15932 RLC 65292 b
1district's or private or non-public school's transfer, change
2of placement, or change of program or solely on the ground that
3the respondent fails or refuses to consent to or otherwise does
4not take an action required to effectuate a transfer, change of
5placement, or change of program. When a court orders a
6respondent to stay away from the public, private, or non-public
7school attended by the petitioner and the respondent requests a
8transfer to another attendance center within the respondent's
9school district or private or non-public school, the school
10district or private or non-public school shall have sole
11discretion to determine the attendance center to which the
12respondent is transferred. If the court order results in a
13transfer of the minor respondent to another attendance center,
14a change in the respondent's placement, or a change of the
15respondent's program, the parents, guardian, or legal
16custodian of the respondent is responsible for transportation
17and other costs associated 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

HB4067- 214 -LRB101 15932 RLC 65292 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)

HB4067- 215 -LRB101 15932 RLC 65292 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 the
14 Criminal Code of 1961, when the weapon is a firearm;
15 (C) first degree murder under Section 9-1 or
16 similar offense under the Criminal Code of 1961;
17 (D) attempted first degree murder with a firearm or
18 similar offense under the Criminal Code of 1961;
19 (E) aggravated kidnapping with a firearm under
20 paragraph (6) or (7) of subsection (a) of Section 10-2
21 or similar offense under the Criminal Code of 1961;
22 (F) aggravated battery with a firearm under
23 subsection (e) of Section 12-3.05 or similar offense
24 under the Criminal Code of 1961;
25 (G) aggravated criminal sexual assault under
26 Section 11-1.30 or similar offense under the Criminal

HB4067- 216 -LRB101 15932 RLC 65292 b
1 Code of 1961;
2 (H) predatory criminal sexual assault of a child
3 under Section 11-1.40 or similar offense under the
4 Criminal Code of 1961;
5 (I) armed robbery under Section 18-2 or similar
6 offense under the Criminal Code of 1961;
7 (J) vehicular hijacking under Section 18-3 or
8 similar offense under the Criminal Code of 1961;
9 (K) aggravated vehicular hijacking under Section
10 18-4 or similar offense under the Criminal Code of
11 1961;
12 (L) home invasion with a firearm under paragraph
13 (3), (4), or (5) of subsection (a) of Section 19-6 or
14 similar offense under the Criminal Code of 1961;
15 (M) aggravated discharge of a firearm under
16 Section 24-1.2 or similar offense under the Criminal
17 Code of 1961;
18 (N) aggravated discharge of a machine gun or a
19 firearm equipped with a device designed or used for
20 silencing the report of a firearm under Section
21 24-1.2-5 or similar offense under the Criminal Code of
22 1961;
23 (0) unlawful use of firearm projectiles under
24 Section 24-2.1 or similar offense under the Criminal
25 Code of 1961;
26 (P) manufacture, sale, or transfer of bullets or

HB4067- 217 -LRB101 15932 RLC 65292 b
1 shells represented to be armor piercing bullets,
2 dragon's breath shotgun shells, bolo shells, or
3 flechette shells under Section 24-2.2 or similar
4 offense under the Criminal Code of 1961;
5 (Q) unlawful sale or delivery of firearms under
6 Section 24-3 or similar offense under the Criminal Code
7 of 1961;
8 (R) unlawful discharge of firearm projectiles
9 under Section 24-3.2 or similar offense under the
10 Criminal Code of 1961;
11 (S) unlawful sale or delivery of firearms on school
12 premises of any school under Section 24-3.3 or similar
13 offense under the Criminal Code of 1961;
14 (T) unlawful purchase of a firearm under Section
15 24-3.5 or similar offense under the Criminal Code of
16 1961;
17 (U) use of a stolen firearm in the commission of an
18 offense under Section 24-3.7 or similar offense under
19 the Criminal Code of 1961;
20 (V) possession of a stolen firearm under Section
21 24-3.8 or similar offense under the Criminal Code of
22 1961;
23 (W) aggravated possession of a stolen firearm
24 under Section 24-3.9 or similar offense under the
25 Criminal Code of 1961;
26 (X) gunrunning under Section 24-3A or similar

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1 offense under the Criminal Code of 1961;
2 (Y) defacing identification marks of firearms
3 under Section 24-5 or similar offense under the
4 Criminal Code of 1961; and
5 (Z) armed violence under Section 33A-2 or similar
6 offense under the Criminal Code of 1961.
7 (b) APPLICABILITY. For an offense committed on or after
8January 1, 2018 (the effective date of Public Act 100-3) this
9amendatory Act of the 100th General Assembly and before January
101, 2023, when a person is convicted of unlawful use or
11possession of a weapon by a felon, when the weapon is a
12firearm, or aggravated unlawful use of a weapon, when the
13weapon is a firearm, after being previously convicted of a
14qualifying predicate offense the person shall be subject to the
15sentencing guidelines under this Section.
16 (c) SENTENCING GUIDELINES.
17 (1) When a person is convicted of unlawful use or
18 possession of a weapon by a felon, when the weapon is a
19 firearm, and that person has been previously convicted of a
20 qualifying predicate offense, the person shall be
21 sentenced to a term of imprisonment within the sentencing
22 range of not less than 7 years and not more than 14 years,
23 unless the court finds that a departure from the sentencing
24 guidelines under this paragraph is warranted under
25 subsection (d) of this Section.
26 (2) When a person is convicted of aggravated unlawful

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

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

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

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

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

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1 or provides support to the members of the association who
2 do commit crimes.
3 Beginning July 1, 1994, for the purposes of this
4 paragraph, "organized gang" has the meaning ascribed to it
5 in Section 10 of the Illinois Streetgang Terrorism Omnibus
6 Prevention Act.
7 (K) Vehicular hijacking.
8 (L) A second or subsequent conviction for the offense
9 of hate crime when the underlying offense upon which the
10 hate crime is based is felony aggravated assault or felony
11 mob action.
12 (M) A second or subsequent conviction for the offense
13 of institutional vandalism if the damage to the property
14 exceeds $300.
15 (N) A Class 3 felony violation of paragraph (1) of
16 subsection (a) of Section 2 of the Firearm Owners
17 Identification Card Act committed before the effective
18 date of this amendatory Act of the 101st General Assembly.
19 (O) A violation of Section 12-6.1 or 12-6.5 of the
20 Criminal Code of 1961 or the Criminal Code of 2012.
21 (P) A violation of paragraph (1), (2), (3), (4), (5),
22 or (7) of subsection (a) of Section 11-20.1 of the Criminal
23 Code of 1961 or the Criminal Code of 2012.
24 (Q) A violation of subsection (b) or (b-5) of Section
25 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
26 Code of 1961 or the Criminal Code of 2012.

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

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

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1 (3) (Blank).
2 (4) A minimum term of imprisonment of not less than 10
3consecutive days or 30 days of community service shall be
4imposed for a violation of paragraph (c) of Section 6-303 of
5the Illinois Vehicle Code.
6 (4.1) (Blank).
7 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
8this subsection (c), a minimum of 100 hours of community
9service shall be imposed for a second violation of Section
106-303 of the Illinois Vehicle Code.
11 (4.3) A minimum term of imprisonment of 30 days or 300
12hours of community service, as determined by the court, shall
13be imposed for a second violation of subsection (c) of Section
146-303 of the Illinois Vehicle Code.
15 (4.4) Except as provided in paragraphs (4.5), (4.6), and
16(4.9) of this subsection (c), a minimum term of imprisonment of
1730 days or 300 hours of community service, as determined by the
18court, shall be imposed for a third or subsequent violation of
19Section 6-303 of the Illinois Vehicle Code. The court may give
20credit toward the fulfillment of community service hours for
21participation in activities and treatment as determined by
22court services.
23 (4.5) A minimum term of imprisonment of 30 days shall be
24imposed for a third violation of subsection (c) of Section
256-303 of the Illinois Vehicle Code.
26 (4.6) Except as provided in paragraph (4.10) of this

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1subsection (c), a minimum term of imprisonment of 180 days
2shall be imposed for a fourth or subsequent violation of
3subsection (c) of Section 6-303 of the Illinois Vehicle Code.
4 (4.7) A minimum term of imprisonment of not less than 30
5consecutive days, or 300 hours of community service, shall be
6imposed for a violation of subsection (a-5) of Section 6-303 of
7the Illinois Vehicle Code, as provided in subsection (b-5) of
8that Section.
9 (4.8) A mandatory prison sentence shall be imposed for a
10second violation of subsection (a-5) of Section 6-303 of the
11Illinois Vehicle Code, as provided in subsection (c-5) of that
12Section. The person's driving privileges shall be revoked for a
13period of not less than 5 years from the date of his or her
14release from prison.
15 (4.9) A mandatory prison sentence of not less than 4 and
16not more than 15 years shall be imposed for a third violation
17of subsection (a-5) of Section 6-303 of the Illinois Vehicle
18Code, as provided in subsection (d-2.5) of that Section. The
19person's driving privileges shall be revoked for the remainder
20of his or her life.
21 (4.10) A mandatory prison sentence for a Class 1 felony
22shall be imposed, and the person shall be eligible for an
23extended term sentence, for a fourth or subsequent violation of
24subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
25as provided in subsection (d-3.5) of that Section. The person's
26driving privileges shall be revoked for the remainder of his or

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1her life.
2 (5) The court may sentence a corporation or unincorporated
3association convicted of any offense to:
4 (A) a period of conditional discharge;
5 (B) a fine;
6 (C) make restitution to the victim under Section 5-5-6
7 of this Code.
8 (5.1) In addition to any other penalties imposed, and
9except as provided in paragraph (5.2) or (5.3), a person
10convicted of violating subsection (c) of Section 11-907 of the
11Illinois Vehicle Code shall have his or her driver's license,
12permit, or privileges suspended for at least 90 days but not
13more than one year, if the violation resulted in damage to the
14property of another person.
15 (5.2) In addition to any other penalties imposed, and
16except as provided in paragraph (5.3), a person convicted of
17violating subsection (c) of Section 11-907 of the Illinois
18Vehicle Code shall have his or her driver's license, permit, or
19privileges suspended for at least 180 days but not more than 2
20years, if the violation resulted in injury to another person.
21 (5.3) In addition to any other penalties imposed, a person
22convicted of violating subsection (c) of Section 11-907 of the
23Illinois Vehicle Code shall have his or her driver's license,
24permit, or privileges suspended for 2 years, if the violation
25resulted in the death of another person.
26 (5.4) In addition to any other penalties imposed, a person

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

HB4067- 231 -LRB101 15932 RLC 65292 b
1the sports official or coach was an active participant of the
2athletic contest held at the athletic facility. For the
3purposes of this paragraph (11), "sports official" means a
4person at an athletic contest who enforces the rules of the
5contest, such as an umpire or referee; "athletic facility"
6means an indoor or outdoor playing field or recreational area
7where sports activities are conducted; and "coach" means a
8person recognized as a coach by the sanctioning authority that
9conducted the sporting event.
10 (12) A person may not receive a disposition of court
11supervision for a violation of Section 5-16 of the Boat
12Registration and Safety Act if that person has previously
13received a disposition of court supervision for a violation of
14that Section.
15 (13) A person convicted of or placed on court supervision
16for an assault or aggravated assault when the victim and the
17offender are family or household members as defined in Section
18103 of the Illinois Domestic Violence Act of 1986 or convicted
19of domestic battery or aggravated domestic battery may be
20required to attend a Partner Abuse Intervention Program under
21protocols set forth by the Illinois Department of Human
22Services under such terms and conditions imposed by the court.
23The costs of such classes shall be paid by the offender.
24 (d) In any case in which a sentence originally imposed is
25vacated, the case shall be remanded to the trial court. The
26trial court shall hold a hearing under Section 5-4-1 of this

HB4067- 232 -LRB101 15932 RLC 65292 b
1Code which may include evidence of the defendant's life, moral
2character and occupation during the time since the original
3sentence was passed. The trial court shall then impose sentence
4upon the defendant. The trial court may impose any sentence
5which could have been imposed at the original trial subject to
6Section 5-5-4 of this Code. If a sentence is vacated on appeal
7or on collateral attack due to the failure of the trier of fact
8at trial to determine beyond a reasonable doubt the existence
9of a fact (other than a prior conviction) necessary to increase
10the punishment for the offense beyond the statutory maximum
11otherwise applicable, either the defendant may be re-sentenced
12to a term within the range otherwise provided or, if the State
13files notice of its intention to again seek the extended
14sentence, the defendant shall be afforded a new trial.
15 (e) In cases where prosecution for aggravated criminal
16sexual abuse under Section 11-1.60 or 12-16 of the Criminal
17Code of 1961 or the Criminal Code of 2012 results in conviction
18of a defendant who was a family member of the victim at the
19time of the commission of the offense, the court shall consider
20the safety and welfare of the victim and may impose a sentence
21of probation only where:
22 (1) the court finds (A) or (B) or both are appropriate:
23 (A) the defendant is willing to undergo a court
24 approved counseling program for a minimum duration of 2
25 years; or
26 (B) the defendant is willing to participate in a

HB4067- 233 -LRB101 15932 RLC 65292 b
1 court approved plan including but not limited to the
2 defendant's:
3 (i) removal from the household;
4 (ii) restricted contact with the victim;
5 (iii) continued financial support of the
6 family;
7 (iv) restitution for harm done to the victim;
8 and
9 (v) compliance with any other measures that
10 the court may deem appropriate; and
11 (2) the court orders the defendant to pay for the
12 victim's counseling services, to the extent that the court
13 finds, after considering the defendant's income and
14 assets, that the defendant is financially capable of paying
15 for such services, if the victim was under 18 years of age
16 at the time the offense was committed and requires
17 counseling as a result of the offense.
18 Probation may be revoked or modified pursuant to Section
195-6-4; except where the court determines at the hearing that
20the defendant violated a condition of his or her probation
21restricting contact with the victim or other family members or
22commits another offense with the victim or other family
23members, the court shall revoke the defendant's probation and
24impose a term of imprisonment.
25 For the purposes of this Section, "family member" and
26"victim" shall have the meanings ascribed to them in Section

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