Bill Text: IL HB4376 | 2021-2022 | 102nd General Assembly | Introduced


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

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB4376 Detail]

Download: Illinois-2021-HB4376-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4376

Introduced , by Rep. Paul Jacobs

SYNOPSIS AS INTRODUCED:
See Index

Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.
LRB102 21797 RLC 30917 b

A BILL FOR

HB4376LRB102 21797 RLC 30917 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 3. The Open Meetings Act is amended by changing
5Section 2 as follows:
6 (5 ILCS 120/2) (from Ch. 102, par. 42)
7 Sec. 2. Open meetings.
8 (a) Openness required. All meetings of public bodies shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11 (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do
16not require the holding of a closed meeting to discuss a
17subject included within an enumerated exception.
18 (c) Exceptions. A public body may hold closed meetings to
19consider the following subjects:
20 (1) The appointment, employment, compensation,
21 discipline, performance, or dismissal of specific
22 employees, specific individuals who serve as independent
23 contractors in a park, recreational, or educational

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

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1 provided that the body prepares and makes available for
2 public inspection a written decision setting forth its
3 determinative reasoning.
4 (5) The purchase or lease of real property for the use
5 of the public body, including meetings held for the
6 purpose of discussing whether a particular parcel should
7 be acquired.
8 (6) The setting of a price for sale or lease of
9 property owned by the public body.
10 (7) The sale or purchase of securities, investments,
11 or investment contracts. This exception shall not apply to
12 the investment of assets or income of funds deposited into
13 the Illinois Prepaid Tuition Trust Fund.
14 (8) Security procedures, school building safety and
15 security, and the use of personnel and equipment to
16 respond to an actual, a threatened, or a reasonably
17 potential danger to the safety of employees, students,
18 staff, the public, or public property.
19 (9) Student disciplinary cases.
20 (10) The placement of individual students in special
21 education programs and other matters relating to
22 individual students.
23 (11) Litigation, when an action against, affecting or
24 on behalf of the particular public body has been filed and
25 is pending before a court or administrative tribunal, or
26 when the public body finds that an action is probable or

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1 imminent, in which case the basis for the finding shall be
2 recorded and entered into the minutes of the closed
3 meeting.
4 (12) The establishment of reserves or settlement of
5 claims as provided in the Local Governmental and
6 Governmental Employees Tort Immunity Act, if otherwise the
7 disposition of a claim or potential claim might be
8 prejudiced, or the review or discussion of claims, loss or
9 risk management information, records, data, advice or
10 communications from or with respect to any insurer of the
11 public body or any intergovernmental risk management
12 association or self insurance pool of which the public
13 body is a member.
14 (13) Conciliation of complaints of discrimination in
15 the sale or rental of housing, when closed meetings are
16 authorized by the law or ordinance prescribing fair
17 housing practices and creating a commission or
18 administrative agency for their enforcement.
19 (14) Informant sources, the hiring or assignment of
20 undercover personnel or equipment, or ongoing, prior or
21 future criminal investigations, when discussed by a public
22 body with criminal investigatory responsibilities.
23 (15) Professional ethics or performance when
24 considered by an advisory body appointed to advise a
25 licensing or regulatory agency on matters germane to the
26 advisory body's field of competence.

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1 (16) Self evaluation, practices and procedures or
2 professional ethics, when meeting with a representative of
3 a statewide association of which the public body is a
4 member.
5 (17) The recruitment, credentialing, discipline or
6 formal peer review of physicians or other health care
7 professionals, or for the discussion of matters protected
8 under the federal Patient Safety and Quality Improvement
9 Act of 2005, and the regulations promulgated thereunder,
10 including 42 C.F.R. Part 3 (73 FR 70732), or the federal
11 Health Insurance Portability and Accountability Act of
12 1996, and the regulations promulgated thereunder,
13 including 45 C.F.R. Parts 160, 162, and 164, by a
14 hospital, or other institution providing medical care,
15 that is operated by the public body.
16 (18) Deliberations for decisions of the Prisoner
17 Review Board.
18 (19) Review or discussion of applications received
19 under the Experimental Organ Transplantation Procedures
20 Act.
21 (20) The classification and discussion of matters
22 classified as confidential or continued confidential by
23 the State Government Suggestion Award Board.
24 (21) Discussion of minutes of meetings lawfully closed
25 under this Act, whether for purposes of approval by the
26 body of the minutes or semi-annual review of the minutes

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1 as mandated by Section 2.06.
2 (22) Deliberations for decisions of the State
3 Emergency Medical Services Disciplinary Review Board.
4 (23) The operation by a municipality of a municipal
5 utility or the operation of a municipal power agency or
6 municipal natural gas agency when the discussion involves
7 (i) contracts relating to the purchase, sale, or delivery
8 of electricity or natural gas or (ii) the results or
9 conclusions of load forecast studies.
10 (24) Meetings of a residential health care facility
11 resident sexual assault and death review team or the
12 Executive Council under the Abuse Prevention Review Team
13 Act.
14 (25) Meetings of an independent team of experts under
15 Brian's Law.
16 (26) Meetings of a mortality review team appointed
17 under the Department of Juvenile Justice Mortality Review
18 Team Act.
19 (27) (Blank).
20 (28) Correspondence and records (i) that may not be
21 disclosed under Section 11-9 of the Illinois Public Aid
22 Code or (ii) that pertain to appeals under Section 11-8 of
23 the Illinois Public Aid Code.
24 (29) Meetings between internal or external auditors
25 and governmental audit committees, finance committees, and
26 their equivalents, when the discussion involves internal

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1 control weaknesses, identification of potential fraud risk
2 areas, known or suspected frauds, and fraud interviews
3 conducted in accordance with generally accepted auditing
4 standards of the United States of America.
5 (30) Those meetings or portions of meetings of a
6 fatality review team or the Illinois Fatality Review Team
7 Advisory Council during which a review of the death of an
8 eligible adult in which abuse or neglect is suspected,
9 alleged, or substantiated is conducted pursuant to Section
10 15 of the Adult Protective Services Act.
11 (31) Meetings and deliberations for decisions of the
12 Concealed Carry Licensing Review Board under the Firearm
13 Concealed Carry Act.
14 (32) Meetings between the Regional Transportation
15 Authority Board and its Service Boards when the discussion
16 involves review by the Regional Transportation Authority
17 Board of employment contracts under Section 28d of the
18 Metropolitan Transit Authority Act and Sections 3A.18 and
19 3B.26 of the Regional Transportation Authority Act.
20 (33) Those meetings or portions of meetings of the
21 advisory committee and peer review subcommittee created
22 under Section 320 of the Illinois Controlled Substances
23 Act during which specific controlled substance prescriber,
24 dispenser, or patient information is discussed.
25 (34) Meetings of the Tax Increment Financing Reform
26 Task Force under Section 2505-800 of the Department of

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1 Revenue Law of the Civil Administrative Code of Illinois.
2 (35) Meetings of the group established to discuss
3 Medicaid capitation rates under Section 5-30.8 of the
4 Illinois Public Aid Code.
5 (36) Those deliberations or portions of deliberations
6 for decisions of the Illinois Gaming Board in which there
7 is discussed any of the following: (i) personal,
8 commercial, financial, or other information obtained from
9 any source that is privileged, proprietary, confidential,
10 or a trade secret; or (ii) information specifically
11 exempted from the disclosure by federal or State law.
12 (37) Deliberations for decisions of the Illinois Law
13 Enforcement Training Standards Board, the Certification
14 Review Panel, and the Illinois State Police Merit Board
15 regarding certification and decertification.
16 (38) Meetings of the Ad Hoc Statewide Domestic
17 Violence Fatality Review Committee of the Illinois
18 Criminal Justice Information Authority Board that occur in
19 closed executive session under subsection (d) of Section
20 35 of the Domestic Violence Fatality Review Act.
21 (39) Meetings of the regional review teams under
22 subsection (a) of Section 75 of the Domestic Violence
23 Fatality Review Act.
24 (40) (38) Meetings of the Firearm Owner's
25 Identification Card Review Board under Section 10 of the
26 Firearm Owners Identification Card Act before the

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1 effective date of this amendatory Act of the 102nd General
2 Assembly.
3 (d) Definitions. For purposes of this Section:
4 "Employee" means a person employed by a public body whose
5relationship with the public body constitutes an
6employer-employee relationship under the usual common law
7rules, and who is not an independent contractor.
8 "Public office" means a position created by or under the
9Constitution or laws of this State, the occupant of which is
10charged with the exercise of some portion of the sovereign
11power of this State. The term "public office" shall include
12members of the public body, but it shall not include
13organizational positions filled by members thereof, whether
14established by law or by a public body itself, that exist to
15assist the body in the conduct of its business.
16 "Quasi-adjudicative body" means an administrative body
17charged by law or ordinance with the responsibility to conduct
18hearings, receive evidence or testimony and make
19determinations based thereon, but does not include local
20electoral boards when such bodies are considering petition
21challenges.
22 (e) Final action. No final action may be taken at a closed
23meeting. Final action shall be preceded by a public recital of
24the nature of the matter being considered and other
25information that will inform the public of the business being
26conducted.

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1(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;
2101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.
38-20-21; 102-558, eff. 8-20-21; revised 10-6-21.)
4 Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other
19 records prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating
24 to known or suspected cases of sexually transmissible

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

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1 enforcement agency or the Department of Transportation
2 under Section 11-212 of the Illinois Vehicle Code.
3 (l) Records and information provided to a residential
4 health care facility resident sexual assault and death
5 review team or the Executive Council under the Abuse
6 Prevention Review Team Act.
7 (m) Information provided to the predatory lending
8 database created pursuant to Article 3 of the Residential
9 Real Property Disclosure Act, except to the extent
10 authorized under that Article.
11 (n) Defense budgets and petitions for certification of
12 compensation and expenses for court appointed trial
13 counsel as provided under Sections 10 and 15 of the
14 Capital Crimes Litigation Act. This subsection (n) shall
15 apply until the conclusion of the trial of the case, even
16 if the prosecution chooses not to pursue the death penalty
17 prior to trial or sentencing.
18 (o) Information that is prohibited from being
19 disclosed under Section 4 of the Illinois Health and
20 Hazardous Substances Registry Act.
21 (p) Security portions of system safety program plans,
22 investigation reports, surveys, schedules, lists, data, or
23 information compiled, collected, or prepared by or for the
24 Department of Transportation under Sections 2705-300 and
25 2705-616 of the Department of Transportation Law of the
26 Civil Administrative Code of Illinois, the Regional

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1 Transportation Authority under Section 2.11 of the
2 Regional Transportation Authority Act, or the St. Clair
3 County Transit District under the Bi-State Transit Safety
4 Act.
5 (q) Information prohibited from being disclosed by the
6 Personnel Record Review Act.
7 (r) Information prohibited from being disclosed by the
8 Illinois School Student Records Act.
9 (s) Information the disclosure of which is restricted
10 under Section 5-108 of the Public Utilities Act.
11 (t) All identified or deidentified health information
12 in the form of health data or medical records contained
13 in, stored in, submitted to, transferred by, or released
14 from the Illinois Health Information Exchange, and
15 identified or deidentified health information in the form
16 of health data and medical records of the Illinois Health
17 Information Exchange in the possession of the Illinois
18 Health Information Exchange Office due to its
19 administration of the Illinois Health Information
20 Exchange. The terms "identified" and "deidentified" shall
21 be given the same meaning as in the Health Insurance
22 Portability and Accountability Act of 1996, Public Law
23 104-191, or any subsequent amendments thereto, and any
24 regulations promulgated thereunder.
25 (u) Records and information provided to an independent
26 team of experts under the Developmental Disability and

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1 Mental Health Safety Act (also known as Brian's Law).
2 (v) Names and information of people who have applied
3 for or received Firearm Owner's Identification Cards under
4 the Firearm Owners Identification Card Act before the
5 effective date of this amendatory Act of the 102nd General
6 Assembly or applied for or received a concealed carry
7 license under the Firearm Concealed Carry Act, unless
8 otherwise authorized by the Firearm Concealed Carry Act;
9 and databases under the Firearm Concealed Carry Act,
10 records of the Concealed Carry Licensing Review Board
11 under the Firearm Concealed Carry Act, and law enforcement
12 agency objections under the Firearm Concealed Carry Act.
13 (v-5) Records of the Firearm Owner's Identification
14 Card Review Board that are exempted from disclosure under
15 Section 10 of the Firearm Owners Identification Card Act
16 before the effective date of this amendatory Act of the
17 102nd General Assembly.
18 (w) Personally identifiable information which is
19 exempted from disclosure under subsection (g) of Section
20 19.1 of the Toll Highway Act.
21 (x) Information which is exempted from disclosure
22 under Section 5-1014.3 of the Counties Code or Section
23 8-11-21 of the Illinois Municipal Code.
24 (y) Confidential information under the Adult
25 Protective Services Act and its predecessor enabling
26 statute, the Elder Abuse and Neglect Act, including

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1 information about the identity and administrative finding
2 against any caregiver of a verified and substantiated
3 decision of abuse, neglect, or financial exploitation of
4 an eligible adult maintained in the Registry established
5 under Section 7.5 of the Adult Protective Services Act.
6 (z) Records and information provided to a fatality
7 review team or the Illinois Fatality Review Team Advisory
8 Council under Section 15 of the Adult Protective Services
9 Act.
10 (aa) Information which is exempted from disclosure
11 under Section 2.37 of the Wildlife Code.
12 (bb) Information which is or was prohibited from
13 disclosure by the Juvenile Court Act of 1987.
14 (cc) Recordings made under the Law Enforcement
15 Officer-Worn Body Camera Act, except to the extent
16 authorized under that Act.
17 (dd) Information that is prohibited from being
18 disclosed under Section 45 of the Condominium and Common
19 Interest Community Ombudsperson Act.
20 (ee) Information that is exempted from disclosure
21 under Section 30.1 of the Pharmacy Practice Act.
22 (ff) Information that is exempted from disclosure
23 under the Revised Uniform Unclaimed Property Act.
24 (gg) Information that is prohibited from being
25 disclosed under Section 7-603.5 of the Illinois Vehicle
26 Code.

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1 (hh) Records that are exempt from disclosure under
2 Section 1A-16.7 of the Election Code.
3 (ii) Information which is exempted from disclosure
4 under Section 2505-800 of the Department of Revenue Law of
5 the Civil Administrative Code of Illinois.
6 (jj) Information and reports that are required to be
7 submitted to the Department of Labor by registering day
8 and temporary labor service agencies but are exempt from
9 disclosure under subsection (a-1) of Section 45 of the Day
10 and Temporary Labor Services Act.
11 (kk) Information prohibited from disclosure under the
12 Seizure and Forfeiture Reporting Act.
13 (ll) Information the disclosure of which is restricted
14 and exempted under Section 5-30.8 of the Illinois Public
15 Aid Code.
16 (mm) Records that are exempt from disclosure under
17 Section 4.2 of the Crime Victims Compensation Act.
18 (nn) Information that is exempt from disclosure under
19 Section 70 of the Higher Education Student Assistance Act.
20 (oo) Communications, notes, records, and reports
21 arising out of a peer support counseling session
22 prohibited from disclosure under the First Responders
23 Suicide Prevention Act.
24 (pp) Names and all identifying information relating to
25 an employee of an emergency services provider or law
26 enforcement agency under the First Responders Suicide

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

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1 (aaa) Information prohibited from being disclosed
2 under Section 1-167 of the Illinois Pension Code.
3 (bbb) (ccc) Information that is prohibited from
4 disclosure by the Illinois Police Training Act and the
5 Illinois State Police Act.
6 (ccc) (ddd) Records exempt from disclosure under
7 Section 2605-304 of the Illinois Department of State
8 Police Law of the Civil Administrative Code of Illinois.
9 (ddd) (bbb) Information prohibited from being
10 disclosed under Section 35 of the Address Confidentiality
11 for Victims of Domestic Violence, Sexual Assault, Human
12 Trafficking, or Stalking Act.
13 (eee) (ddd) Information prohibited from being
14 disclosed under subsection (b) of Section 75 of the
15 Domestic Violence Fatality Review Act.
16(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
17101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
181-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
19eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
20101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
211-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
22eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
23102-559, eff. 8-20-21; revised 10-5-21.)
24 Section 6. The Gun Trafficking Information Act is amended
25by changing Section 10-5 as follows:

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1 (5 ILCS 830/10-5)
2 Sec. 10-5. Gun trafficking information.
3 (a) The Illinois State Police shall use all reasonable
4efforts in making publicly available, on a regular and ongoing
5basis, key information related to firearms used in the
6commission of crimes in this State, including, but not limited
7to: reports on crimes committed with firearms, locations where
8the crimes occurred, the number of persons killed or injured
9in the commission of the crimes, the state where the firearms
10used originated, the Federal Firearms Licensee that sold the
11firearm, the type of firearms used, annual statistical
12information concerning Firearm Owner's Identification Card and
13concealed carry license applications, revocations, and
14compliance with Section 9.5 of the Firearm Owners
15Identification Card Act, firearm restraining order
16dispositions, and firearm dealer license certification
17inspections. The Illinois State Police shall make the
18information available on its website, which may be presented
19in a dashboard format, in addition to electronically filing a
20report with the Governor and the General Assembly. The report
21to the General Assembly shall be filed with the Clerk of the
22House of Representatives and the Secretary of the Senate in
23electronic form only, in the manner that the Clerk and the
24Secretary shall direct.
25 (b) (Blank). The Illinois State Police shall study, on a

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

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1(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
2revised 10-5-21.)
3 Section 7. The First Responders Suicide Prevention Act is
4amended by changing Section 40 as follows:
5 (5 ILCS 840/40)
6 (This Section may contain text from a Public Act with a
7delayed effective date)
8 Sec. 40. Task Force recommendations.
9 (a) Task Force members shall recommend that agencies and
10organizations guarantee access to mental health and wellness
11services, including, but not limited to, peer support programs
12and providing ongoing education related to the ever-evolving
13concept of mental health wellness. These recommendations could
14be accomplished by:
15 (1) Revising agencies' and organizations' employee
16 assistance programs (EAPs).
17 (2) Urging health care providers to replace outdated
18 healthcare plans and include more progressive options
19 catering to the needs and disproportionate risks
20 shouldered by our first responders.
21 (3) Allocating funding or resources for public service
22 announcements (PSA) and messaging campaigns aimed at
23 raising awareness of available assistance options.
24 (4) Encouraging agencies and organizations to attach

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1 lists of all available resources to training manuals and
2 continuing education requirements.
3 (b) Task Force members shall recommend agencies and
4organizations sponsor or facilitate first responders with
5specialized training in the areas of psychological fitness,
6depressive disorders, early detection, and mitigation best
7practices. Such trainings could be accomplished by:
8 (1) Assigning, appointing, or designating one member
9 of an agency or organization to attend specialized
10 training(s) sponsored by an accredited agency,
11 association, or organization recognized in their fields of
12 study.
13 (2) Seeking sponsorships or conducting fund-raisers,
14 to host annual or semiannual on-site visits from qualified
15 clinicians or physicians to provide early detection
16 training techniques, or to provide regular access to
17 mental health professionals.
18 (3) Requiring a minimum number of hours of disorders
19 and wellness training be incorporated into reoccurring,
20 annual or biannual training standards, examinations, and
21 curriculums, taking into close consideration respective
22 agency or organization size, frequency and number of all
23 current federal and state mandatory examinations and
24 trainings expected respectively.
25 (4) Not underestimating the crucial importance of a
26 balanced diet, sleep, mindfulness-based stress reduction

HB4376- 23 -LRB102 21797 RLC 30917 b
1 techniques, moderate and vigorous intensity activities,
2 and recreational hobbies, which have been scientifically
3 proven to play a major role in brain health and mental
4 wellness.
5 (c) Task Force members shall recommend that administrators
6and leadership personnel solicit training services from
7evidence-based, data driven organizations. Organizations with
8personnel trained on the analytical review and interpretation
9of specific fields related to the nature of first responders'
10exploits, such as PTSD, substance abuse, chronic state of
11duress. Task Force members shall further recommend funding for
12expansion and messaging campaigns of preliminary
13self-diagnosing technologies like the one described above.
14These objectives could be met by:
15 (1) Contacting an accredited agency, association, or
16 organization recognized in the field or fields of specific
17 study. Unbeknownst to the majority, many of the agencies
18 and organizations listed above receive grants and
19 allocations to assist communities with the very issues
20 being discussed in this Section.
21 (2) Normalizing help-seeking behaviors for both first
22 responders and their families through regular messaging
23 and peer support outreach, beginning with academy
24 curricula and continuing education throughout individuals'
25 careers.
26 (3) Funding and implementing PSA campaigns that

HB4376- 24 -LRB102 21797 RLC 30917 b
1 provide clear and concise calls to action about mental
2 health and wellness, resiliency, help-seeking, treatment
3 and recovery.
4 (4) Promoting and raising awareness of non-for-profit
5 organizations currently available to assist individuals in
6 search of care and treatment. Organizations have intuitive
7 user-friendly sites, most of which have mobile
8 applications, so first responders can access at a moment's
9 notice. However, because of limited funds, these
10 organizations have a challenging time of getting the word
11 out there about their existence.
12 (5) Expanding Family and Medical Leave Act protections
13 for individuals voluntarily seeking preventative
14 treatment.
15 (6) Promoting and ensuring complete patient
16 confidentiality protections.
17 (d) Task Force members shall recommend that agencies and
18organizations incorporate the following training components
19into already existing modules and educational curriculums.
20Doing so could be done by:
21 (1) Bolstering academy and school curricula by
22 requiring depressive disorder training catered to PTSD,
23 substance abuse, and early detection techniques training,
24 taking into close consideration respective agency or
25 organization size, and the frequency and number of all
26 current federal and state mandatory examinations and

HB4376- 25 -LRB102 21797 RLC 30917 b
1 trainings expected respectively.
2 (2) Continuing to allocate or match federal and state
3 funds to maintain Mobil Training Units (MTUs).
4 (3) Incorporating a state certificate for peer support
5 training into already exiting statewide curriculums and
6 mandatory examinations, annual State Fire Marshal
7 examinations, and physical fitness examinations. The
8 subject matter of the certificate should have an emphasis
9 on mental health and wellness, as well as familiarization
10 with topics ranging from clinical social work, clinical
11 psychology, clinical behaviorist, and clinical psychiatry.
12 (4) Incorporating and performing statewide mental
13 health check-ins during the same times as already mandated
14 trainings. These checks are not to be compared or used as
15 measures of fitness for duty evaluations or structured
16 psychological examinations.
17 (5) Recommending comprehensive and evidence-based
18 training on the importance of preventative measures on the
19 topics of sleep, nutrition, mindfulness, and physical
20 movement.
21 (6) (Blank). Law enforcement agencies should provide
22 training on the Firearm Owner's Identification Card Act,
23 including seeking relief from the Illinois State Police
24 under Section 10 of the Firearm Owners Identification Card
25 Act and a FOID card being a continued condition of
26 employment under Section 7.2 of the Uniform Peace

HB4376- 26 -LRB102 21797 RLC 30917 b
1 Officers' Disciplinary Act.
2(Source: P.A. 102-352, eff. 6-1-22.)
3 Section 10. The Illinois State Police Law of the Civil
4Administrative Code of Illinois is amended by changing
5Sections 2605-10, 2605-45, 2605-200, and 2605-595 as follows:
6 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
7 Sec. 2605-10. Powers and duties, generally.
8 (a) The Illinois State Police shall exercise the rights,
9powers, and duties that have been vested in the Illinois State
10Police by the following:
11 The Illinois State Police Act.
12 The Illinois State Police Radio Act.
13 The Criminal Identification Act.
14 The Illinois Vehicle Code.
15 The Firearm Owners Identification Card Act.
16 The Firearm Concealed Carry Act.
17 The Gun Dealer Licensing Act.
18 The Intergovernmental Missing Child Recovery Act of 1984.
19 The Intergovernmental Drug Laws Enforcement Act.
20 The Narcotic Control Division Abolition Act.
21 (b) The Illinois State Police shall have the powers and
22duties set forth in the following Sections.
23(Source: P.A. 102-538, eff. 8-20-21.)

HB4376- 27 -LRB102 21797 RLC 30917 b
1 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
2 Sec. 2605-45. Division of Justice Services. The Division
3of Justice Services shall exercise the following functions:
4 (1) Operate and maintain the Law Enforcement Agencies
5 Data System (LEADS), a statewide, computerized
6 telecommunications system designed to provide services,
7 information, and capabilities to the law enforcement and
8 criminal justice community in the State of Illinois. The
9 Director is responsible for establishing policy,
10 procedures, and regulations consistent with State and
11 federal rules, policies, and law by which LEADS operates.
12 The Director shall designate a statewide LEADS
13 Administrator for management of the system. The Director
14 may appoint a LEADS Advisory Policy Board to reflect the
15 needs and desires of the law enforcement and criminal
16 justice community and to make recommendations concerning
17 policies and procedures.
18 (2) Pursue research and the publication of studies
19 pertaining to local law enforcement activities.
20 (3) Serve as the State's point of contact for the
21 Federal Bureau of Investigation's Uniform Crime Reporting
22 Program and National Incident-Based Reporting System.
23 (4) Operate an electronic data processing and computer
24 center for the storage and retrieval of data pertaining to
25 criminal activity.
26 (5) Exercise the rights, powers, and duties vested in

HB4376- 28 -LRB102 21797 RLC 30917 b
1 the Illinois State Police by the Cannabis Regulation and
2 Tax Act and the Compassionate Use of Medical Cannabis
3 Program Act.
4 (6) (Blank).
5 (6.5) (Blank). Exercise the rights, powers, and duties
6 vested in the Illinois State Police by the Firearm Owners
7 Identification Card Act, the Firearm Concealed Carry Act,
8 and the Firearm Dealer License Certification Act.
9 (7) Exercise other duties that may be assigned by the
10 Director to fulfill the responsibilities and achieve the
11 purposes of the Illinois State Police.
12 (8) Exercise the rights, powers, and duties vested by
13 law in the Illinois State Police by the Criminal
14 Identification Act.
15 (9) Exercise the powers and perform the duties that
16 have been vested in the Illinois State Police by the Sex
17 Offender Registration Act and the Sex Offender Community
18 Notification Law and adopt reasonable rules necessitated
19 thereby.
20(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
21 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
22 Sec. 2605-200. Investigations of crime; enforcement of
23laws; records; crime laboratories; personnel.
24 (a) To do the following:
25 (1) Investigate the origins, activities, personnel,

HB4376- 29 -LRB102 21797 RLC 30917 b
1 and incidents of crime and the ways and means to redress
2 the victims of crimes; study the impact, if any, of
3 legislation relative to the effusion of crime and growing
4 crime rates; and enforce the criminal laws of this State
5 related thereto.
6 (2) Enforce all laws regulating the production, sale,
7 prescribing, manufacturing, administering, transporting,
8 having in possession, dispensing, delivering,
9 distributing, or use of controlled substances and
10 cannabis.
11 (3) Employ skilled experts, scientists, technicians,
12 investigators, or otherwise specially qualified persons to
13 aid in preventing or detecting crime, apprehending
14 criminals, or preparing and presenting evidence of
15 violations of the criminal laws of the State.
16 (4) Cooperate with the police of cities, villages, and
17 incorporated towns and with the police officers of any
18 county in enforcing the laws of the State and in making
19 arrests and recovering property.
20 (5) Apprehend and deliver up any person charged in
21 this State or any other state of the United States with
22 treason or a felony or other crime who has fled from
23 justice and is found in this State.
24 (6) Conduct other investigations as provided by law.
25 (7) Be a central repository and custodian of criminal
26 statistics for the State.

HB4376- 30 -LRB102 21797 RLC 30917 b
1 (8) Be a central repository for criminal history
2 record information.
3 (9) Procure and file for record information that is
4 necessary and helpful to plan programs of crime
5 prevention, law enforcement, and criminal justice.
6 (10) Procure and file for record copies of
7 fingerprints that may be required by law.
8 (11) Establish general and field crime laboratories.
9 (12) (Blank). Register and file for record information
10 that may be required by law for the issuance of firearm
11 owner's identification cards under the Firearm Owners
12 Identification Card Act and concealed carry licenses under
13 the Firearm Concealed Carry Act.
14 (13) Employ laboratory technicians and other specially
15 qualified persons to aid in the identification of criminal
16 activity and the identification, collection, and recovery
17 of cyber forensics, including but not limited to digital
18 evidence, and may employ polygraph operators.
19 (14) Undertake other identification, information,
20 laboratory, statistical, or registration activities that
21 may be required by law.
22 (b) Persons exercising the powers set forth in subsection
23(a) within the Illinois State Police are conservators of the
24peace and as such have all the powers possessed by policemen in
25cities and sheriffs, except that they may exercise those
26powers anywhere in the State in cooperation with and after

HB4376- 31 -LRB102 21797 RLC 30917 b
1contact with the local law enforcement officials. Those
2persons may use false or fictitious names in the performance
3of their duties under this Section, upon approval of the
4Director, and shall not be subject to prosecution under the
5criminal laws for that use.
6(Source: P.A. 102-538, eff. 8-20-21.)
7 (20 ILCS 2605/2605-595)
8 Sec. 2605-595. State Police Firearm Services Fund.
9 (a) There is created in the State treasury a special fund
10known as the State Police Firearm Services Fund. The Fund
11shall receive revenue under the Firearm Concealed Carry Act
12and , the Firearm Dealer License Certification Act, and
13Section 5 of the Firearm Owners Identification Card Act. The
14Fund may also receive revenue from grants, pass-through
15grants, donations, appropriations, and any other legal source.
16 (a-5) Notwithstanding any other provision of law to the
17contrary, and in addition to any other transfers that may be
18provided by law, on the effective date of this amendatory Act
19of the 102nd General Assembly, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the remaining balance from the
22Firearm Dealer License Certification Fund into the State
23Police Firearm Services Fund. Upon completion of the transfer,
24the Firearm Dealer License Certification Fund is dissolved,
25and any future deposits due to that Fund and any outstanding

HB4376- 32 -LRB102 21797 RLC 30917 b
1obligations or liabilities of that Fund shall pass to the
2State Police Firearm Services Fund.
3 (b) The Illinois State Police may use moneys in the Fund to
4finance any of its lawful purposes, mandates, functions, and
5duties under the Firearm Owners Identification Card Act, the
6Firearm Dealer License Certification Act, and the Firearm
7Concealed Carry Act, including the cost of sending notices of
8expiration of Firearm Owner's Identification Cards, concealed
9carry licenses, the prompt and efficient processing of
10applications under the Firearm Owners Identification Card Act
11and the Firearm Concealed Carry Act, the improved efficiency
12and reporting of the LEADS and federal NICS law enforcement
13data systems, and support for investigations required under
14these Acts and law. Any surplus funds beyond what is needed to
15comply with the aforementioned purposes shall be used by the
16Illinois State Police to improve the Law Enforcement Agencies
17Data System (LEADS) and criminal history background check
18system.
19 (c) Investment income that is attributable to the
20investment of moneys in the Fund shall be retained in the Fund
21for the uses specified in this Section.
22(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
23 (20 ILCS 2605/2605-120 rep.)
24 (20 ILCS 2605/2605-304 rep.)
25 Section 15. The Department of State Police Law of the

HB4376- 33 -LRB102 21797 RLC 30917 b
1Civil Administrative Code of Illinois is amended by repealing
2Sections 2605-120 and 2605-304.
3 Section 20. The Criminal Identification Act is amended by
4changing Section 2.2 as follows:
5 (20 ILCS 2630/2.2)
6 Sec. 2.2. Notification to the Illinois State Police. Upon
7judgment of conviction of a violation of Section 12-1, 12-2,
812-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or
9the Criminal Code of 2012 when the defendant has been
10determined, pursuant to Section 112A-11.1 of the Code of
11Criminal Procedure of 1963, to be subject to the prohibitions
12of 18 U.S.C. 922(g)(9), the circuit court clerk shall include
13notification and a copy of the written determination in a
14report of the conviction to the Illinois State Police Firearm
15Owner's Identification Card Office to enable the Illinois
16State Police office to perform its duties under the Firearm
17Concealed Carry Act and Sections 4 and 8 of the Firearm Owners
18Identification Card Act and to report that determination to
19the Federal Bureau of Investigation to assist the Federal
20Bureau of Investigation in identifying persons prohibited from
21purchasing and possessing a firearm pursuant to the provisions
22of 18 U.S.C. 922. The written determination described in this
23Section shall be included in the defendant's record of arrest
24and conviction in the manner and form prescribed by the

HB4376- 34 -LRB102 21797 RLC 30917 b
1Illinois State Police.
2(Source: P.A. 102-538, eff. 8-20-21.)
3 Section 21. The Illinois Criminal Justice Information Act
4is amended by changing Section 7.9 as follows:
5 (20 ILCS 3930/7.9)
6 (This Section may contain text from a Public Act with a
7delayed effective date)
8 (Section scheduled to be repealed on July 1, 2027)
9 Sec. 7.9. Firearm Prohibitors and Records Improvement Task
10Force.
11 (a) As used in this Section, "firearms prohibitor" means
12any factor listed in Section 4 of the Firearm Owners
13Identification Card Act or Section 24-3 or 24-3.1 of the
14Criminal Code of 2012 that prohibits a person from
15transferring or possessing a firearm, firearm ammunition,
16Firearm Owner's Identification Card, or concealed carry
17license.
18 (b) The Firearm Prohibitors and Records Improvement Task
19Force is created to identify and research all available
20grants, resources, and revenue that may be applied for and
21used by all entities responsible for reporting federal and
22State firearm prohibitors to the Illinois State Police and the
23National Instant Criminal Background Check System. These Under
24the Firearm Owners Identification Card Act, these reporting

HB4376- 35 -LRB102 21797 RLC 30917 b
1entities include, but are not limited to, hospitals, courts,
2law enforcement and corrections. The Task Force shall identify
3weaknesses in reporting and recommend a strategy to direct
4resources and revenue to ensuring reporting is reliable,
5accurate, and timely. The Task Force shall inventory all
6statutorily mandated firearm and gun violence related data
7collection and reporting requirements, along with the agency
8responsible for collecting that data, and identify gaps in
9those requirements. The Task Force shall submit a coordinated
10application with and through the Illinois Criminal Justice
11Information Authority for federal funds from the National
12Criminal History Improvement Program and the NICS Acts Record
13Improvement Program. The Firearm Prohibitors and Records
14Improvement Task Force shall be comprised of the following
15members, all of whom shall serve without compensation:
16 (1) the Executive Director of the Illinois Criminal
17 Justice Information Authority, who shall serve as Chair;
18 (2) the Director of the Illinois State Police, or his
19 or her designee;
20 (3) the Secretary of Human Services, or his or her
21 designee;
22 (4) the Director of Corrections, or his or her
23 designee;
24 (5) the Attorney General, or his or her designee;
25 (6) the Director of the Administrative Office of the
26 Illinois Courts, or his or her designee;

HB4376- 36 -LRB102 21797 RLC 30917 b
1 (7) a representative of an association representing
2 circuit clerks appointed by the President of the Senate;
3 (8) a representative of an association representing
4 sheriffs appointed by the House Minority Leader;
5 (9) a representative of an association representing
6 State's Attorneys appointed by the House Minority Leader;
7 (10) a representative of an association representing
8 chiefs of police appointed by the Senate Minority Leader;
9 (11) a representative of an association representing
10 hospitals appointed by the Speaker of the House of
11 Representatives;
12 (12) a representative of an association representing
13 counties appointed by the President of the Senate; and
14 (13) a representative of an association representing
15 municipalities appointed by the Speaker of the House of
16 Representatives.
17 (c) The Illinois Criminal Justice Information Authority
18shall provide administrative and other support to the Task
19Force. The Illinois State Police Division of Justice Services
20shall also provide support to the Illinois Criminal Justice
21Information Authority and the Task Force.
22 (d) The Task Force may meet in person or virtually and
23shall issue a written report of its findings and
24recommendations to General Assembly on or before July 1, 2022.
25The Task Force shall issue an annual report, which shall
26include information on the state of FOID data, including a

HB4376- 37 -LRB102 21797 RLC 30917 b
1review of previous activity by the Task Force to close
2previously identified gaps; identifying known (or new) gaps; a
3proposal of policy and practice recommendations to close those
4gaps; and a preview of expected activities of the Task Force
5for the coming year.
6 (e) Within 60 days of the effective date of this
7amendatory Act of the 102nd General Assembly, the Chair shall
8establish the Task Force.
9 (f) This Section is repealed on July 1, 2027.
10(Source: P.A. 102-237, eff. 1-1-22.)
11 Section 25. The State Finance Act is amended by changing
12Section 6z-99 as follows:
13 (30 ILCS 105/6z-99)
14 Sec. 6z-99. The Mental Health Reporting Fund.
15 (a) There is created in the State treasury a special fund
16known as the Mental Health Reporting Fund. The Fund shall
17receive revenue under the Firearm Concealed Carry Act. The
18Fund may also receive revenue from grants, pass-through
19grants, donations, appropriations, and any other legal source.
20 (b) The Illinois State Police and Department of Human
21Services shall coordinate to use moneys in the Fund to finance
22their respective duties of collecting and reporting data on
23mental health records and ensuring that mental health firearm
24possession prohibitors are enforced as set forth under the

HB4376- 38 -LRB102 21797 RLC 30917 b
1Firearm Concealed Carry Act and the Firearm Owners
2Identification Card Act. Any surplus in the Fund beyond what
3is necessary to ensure compliance with mental health reporting
4under that Act these Acts shall be used by the Department of
5Human Services for mental health treatment programs as
6follows: (1) 50% shall be used to fund community-based mental
7health programs aimed at reducing gun violence, community
8integration and education, or mental health awareness and
9prevention, including administrative costs; and (2) 50% shall
10be used to award grants that use and promote the National
11School Mental Health Curriculum model for school-based mental
12health support, integration, and services.
13 (c) Investment income that is attributable to the
14investment of moneys in the Fund shall be retained in the Fund
15for the uses specified in this Section.
16(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
17revised 10-26-21.)
18 Section 26. The Intergovernmental Drug Laws Enforcement
19Act is amended by changing Section 3 as follows:
20 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
21 Sec. 3. A Metropolitan Enforcement Group which meets the
22minimum criteria established in this Section is eligible to
23receive State grants to help defray the costs of operation. To
24be eligible a MEG must:

HB4376- 39 -LRB102 21797 RLC 30917 b
1 (1) Be established and operating pursuant to
2 intergovernmental contracts written and executed in
3 conformity with the Intergovernmental Cooperation Act, and
4 involve 2 or more units of local government.
5 (2) Establish a MEG Policy Board composed of an
6 elected official, or his designee, and the chief law
7 enforcement officer, or his designee, from each
8 participating unit of local government to oversee the
9 operations of the MEG and make such reports to the
10 Illinois State Police as the Illinois State Police may
11 require.
12 (3) Designate a single appropriate elected official of
13 a participating unit of local government to act as the
14 financial officer of the MEG for all participating units
15 of local government and to receive funds for the operation
16 of the MEG.
17 (4) Limit its operations to enforcement of drug laws;
18 enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
19 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,
20 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,
21 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code
22 of 2012; Sections 2, 3, 6.1, 14 of the Firearm Owners
23 Identification Card Act; and the investigation of
24 streetgang related offenses.
25 (5) Cooperate with the Illinois State Police in order
26 to assure compliance with this Act and to enable the

HB4376- 40 -LRB102 21797 RLC 30917 b
1 Illinois State Police to fulfill its duties under this
2 Act, and supply the Illinois State Police with all
3 information the Illinois State Police deems necessary
4 therefor.
5 (6) Receive funding of at least 50% of the total
6 operating budget of the MEG from the participating units
7 of local government.
8(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
9revised 10-6-21.)
10 Section 30. The Peace Officer Firearm Training Act is
11amended by changing Section 1 as follows:
12 (50 ILCS 710/1) (from Ch. 85, par. 515)
13 Sec. 1. Definitions. As used in this Act:
14 (a) "Peace officer" means (i) any person who by virtue of
15his office or public employment is vested by law with a primary
16duty to maintain public order or to make arrests for offenses,
17whether that duty extends to all offenses or is limited to
18specific offenses, and who is employed in such capacity by any
19county or municipality or (ii) any retired law enforcement
20officers qualified under federal law to carry a concealed
21weapon.
22 (a-5) "Probation officer" means a county probation officer
23authorized by the Chief Judge of the Circuit Court to carry a
24firearm as part of his or her duties under Section 12 of the

HB4376- 41 -LRB102 21797 RLC 30917 b
1Probation and Probation Officers Act and Section 24-2 of the
2Criminal Code of 2012.
3 (b) "Firearms" means any weapon or device defined as a
4firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
5"An Act relating to the acquisition, possession and transfer
6of firearms and firearm ammunition, to provide a penalty for
7the violation thereof and to make an appropriation in
8connection therewith", approved August 3, 1967, as amended.
9(Source: P.A. 98-725, eff. 1-1-15.)
10 Section 35. The School Code is amended by changing
11Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
12 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
13 (Text of Section before amendment by P.A. 102-466)
14 Sec. 10-22.6. Suspension or expulsion of pupils; school
15searches.
16 (a) To expel pupils guilty of gross disobedience or
17misconduct, including gross disobedience or misconduct
18perpetuated by electronic means, pursuant to subsection (b-20)
19of this Section, and no action shall lie against them for such
20expulsion. Expulsion shall take place only after the parents
21have been requested to appear at a meeting of the board, or
22with a hearing officer appointed by it, to discuss their
23child's behavior. Such request shall be made by registered or
24certified mail and shall state the time, place and purpose of

HB4376- 42 -LRB102 21797 RLC 30917 b
1the meeting. The board, or a hearing officer appointed by it,
2at such meeting shall state the reasons for dismissal and the
3date on which the expulsion is to become effective. If a
4hearing officer is appointed by the board, he shall report to
5the board a written summary of the evidence heard at the
6meeting and the board may take such action thereon as it finds
7appropriate. If the board acts to expel a pupil, the written
8expulsion decision shall detail the specific reasons why
9removing the pupil from the learning environment is in the
10best interest of the school. The expulsion decision shall also
11include a rationale as to the specific duration of the
12expulsion. An expelled pupil may be immediately transferred to
13an alternative program in the manner provided in Article 13A
14or 13B of this Code. A pupil must not be denied transfer
15because of the expulsion, except in cases in which such
16transfer is deemed to cause a threat to the safety of students
17or staff in the alternative program.
18 (b) To suspend or by policy to authorize the
19superintendent of the district or the principal, assistant
20principal, or dean of students of any school to suspend pupils
21guilty of gross disobedience or misconduct, or to suspend
22pupils guilty of gross disobedience or misconduct on the
23school bus from riding the school bus, pursuant to subsections
24(b-15) and (b-20) of this Section, and no action shall lie
25against them for such suspension. The board may by policy
26authorize the superintendent of the district or the principal,

HB4376- 43 -LRB102 21797 RLC 30917 b
1assistant principal, or dean of students of any school to
2suspend pupils guilty of such acts for a period not to exceed
310 school days. If a pupil is suspended due to gross
4disobedience or misconduct on a school bus, the board may
5suspend the pupil in excess of 10 school days for safety
6reasons.
7 Any suspension shall be reported immediately to the
8parents or guardian of a pupil along with a full statement of
9the reasons for such suspension and a notice of their right to
10a review. The school board must be given a summary of the
11notice, including the reason for the suspension and the
12suspension length. Upon request of the parents or guardian,
13the school board or a hearing officer appointed by it shall
14review such action of the superintendent or principal,
15assistant principal, or dean of students. At such review, the
16parents or guardian of the pupil may appear and discuss the
17suspension with the board or its hearing officer. If a hearing
18officer is appointed by the board, he shall report to the board
19a written summary of the evidence heard at the meeting. After
20its hearing or upon receipt of the written report of its
21hearing officer, the board may take such action as it finds
22appropriate. If a student is suspended pursuant to this
23subsection (b), the board shall, in the written suspension
24decision, detail the specific act of gross disobedience or
25misconduct resulting in the decision to suspend. The
26suspension decision shall also include a rationale as to the

HB4376- 44 -LRB102 21797 RLC 30917 b
1specific duration of the suspension. A pupil who is suspended
2in excess of 20 school days may be immediately transferred to
3an alternative program in the manner provided in Article 13A
4or 13B of this Code. A pupil must not be denied transfer
5because of the suspension, except in cases in which such
6transfer is deemed to cause a threat to the safety of students
7or staff in the alternative program.
8 (b-5) Among the many possible disciplinary interventions
9and consequences available to school officials, school
10exclusions, such as out-of-school suspensions and expulsions,
11are the most serious. School officials shall limit the number
12and duration of expulsions and suspensions to the greatest
13extent practicable, and it is recommended that they use them
14only for legitimate educational purposes. To ensure that
15students are not excluded from school unnecessarily, it is
16recommended that school officials consider forms of
17non-exclusionary discipline prior to using out-of-school
18suspensions or expulsions.
19 (b-10) Unless otherwise required by federal law or this
20Code, school boards may not institute zero-tolerance policies
21by which school administrators are required to suspend or
22expel students for particular behaviors.
23 (b-15) Out-of-school suspensions of 3 days or less may be
24used only if the student's continuing presence in school would
25pose a threat to school safety or a disruption to other
26students' learning opportunities. For purposes of this

HB4376- 45 -LRB102 21797 RLC 30917 b
1subsection (b-15), "threat to school safety or a disruption to
2other students' learning opportunities" shall be determined on
3a case-by-case basis by the school board or its designee.
4School officials shall make all reasonable efforts to resolve
5such threats, address such disruptions, and minimize the
6length of suspensions to the greatest extent practicable.
7 (b-20) Unless otherwise required by this Code,
8out-of-school suspensions of longer than 3 days, expulsions,
9and disciplinary removals to alternative schools may be used
10only if other appropriate and available behavioral and
11disciplinary interventions have been exhausted and the
12student's continuing presence in school would either (i) pose
13a threat to the safety of other students, staff, or members of
14the school community or (ii) substantially disrupt, impede, or
15interfere with the operation of the school. For purposes of
16this subsection (b-20), "threat to the safety of other
17students, staff, or members of the school community" and
18"substantially disrupt, impede, or interfere with the
19operation of the school" shall be determined on a case-by-case
20basis by school officials. For purposes of this subsection
21(b-20), the determination of whether "appropriate and
22available behavioral and disciplinary interventions have been
23exhausted" shall be made by school officials. School officials
24shall make all reasonable efforts to resolve such threats,
25address such disruptions, and minimize the length of student
26exclusions to the greatest extent practicable. Within the

HB4376- 46 -LRB102 21797 RLC 30917 b
1suspension decision described in subsection (b) of this
2Section or the expulsion decision described in subsection (a)
3of this Section, it shall be documented whether other
4interventions were attempted or whether it was determined that
5there were no other appropriate and available interventions.
6 (b-25) Students who are suspended out-of-school for longer
7than 4 school days shall be provided appropriate and available
8support services during the period of their suspension. For
9purposes of this subsection (b-25), "appropriate and available
10support services" shall be determined by school authorities.
11Within the suspension decision described in subsection (b) of
12this Section, it shall be documented whether such services are
13to be provided or whether it was determined that there are no
14such appropriate and available services.
15 A school district may refer students who are expelled to
16appropriate and available support services.
17 A school district shall create a policy to facilitate the
18re-engagement of students who are suspended out-of-school,
19expelled, or returning from an alternative school setting.
20 (b-30) A school district shall create a policy by which
21suspended pupils, including those pupils suspended from the
22school bus who do not have alternate transportation to school,
23shall have the opportunity to make up work for equivalent
24academic credit. It shall be the responsibility of a pupil's
25parent or guardian to notify school officials that a pupil
26suspended from the school bus does not have alternate

HB4376- 47 -LRB102 21797 RLC 30917 b
1transportation to school.
2 (c) A school board must invite a representative from a
3local mental health agency to consult with the board at the
4meeting whenever there is evidence that mental illness may be
5the cause of a student's expulsion or suspension.
6 (c-5) School districts shall make reasonable efforts to
7provide ongoing professional development to teachers,
8administrators, school board members, school resource
9officers, and staff on the adverse consequences of school
10exclusion and justice-system involvement, effective classroom
11management strategies, culturally responsive discipline, the
12appropriate and available supportive services for the
13promotion of student attendance and engagement, and
14developmentally appropriate disciplinary methods that promote
15positive and healthy school climates.
16 (d) The board may expel a student for a definite period of
17time not to exceed 2 calendar years, as determined on a
18case-by-case basis. A student who is determined to have
19brought one of the following objects to school, any
20school-sponsored activity or event, or any activity or event
21that bears a reasonable relationship to school shall be
22expelled for a period of not less than one year:
23 (1) A firearm. For the purposes of this Section,
24 "firearm" means any gun, rifle, shotgun, weapon as defined
25 by Section 921 of Title 18 of the United States Code,
26 firearm as defined in Section 2-7.5 1.1 of the Firearm

HB4376- 48 -LRB102 21797 RLC 30917 b
1 Owners Identification Card Act, or firearm as defined in
2 Section 24-1 of the Criminal Code of 2012. The expulsion
3 period under this subdivision (1) may be modified by the
4 superintendent, and the superintendent's determination may
5 be modified by the board on a case-by-case basis.
6 (2) A knife, brass knuckles or other knuckle weapon
7 regardless of its composition, a billy club, or any other
8 object if used or attempted to be used to cause bodily
9 harm, including "look alikes" of any firearm as defined in
10 subdivision (1) of this subsection (d). The expulsion
11 requirement under this subdivision (2) may be modified by
12 the superintendent, and the superintendent's determination
13 may be modified by the board on a case-by-case basis.
14Expulsion or suspension shall be construed in a manner
15consistent with the federal Individuals with Disabilities
16Education Act. A student who is subject to suspension or
17expulsion as provided in this Section may be eligible for a
18transfer to an alternative school program in accordance with
19Article 13A of the School Code.
20 (d-5) The board may suspend or by regulation authorize the
21superintendent of the district or the principal, assistant
22principal, or dean of students of any school to suspend a
23student for a period not to exceed 10 school days or may expel
24a student for a definite period of time not to exceed 2
25calendar years, as determined on a case-by-case basis, if (i)
26that student has been determined to have made an explicit

HB4376- 49 -LRB102 21797 RLC 30917 b
1threat on an Internet website against a school employee, a
2student, or any school-related personnel, (ii) the Internet
3website through which the threat was made is a site that was
4accessible within the school at the time the threat was made or
5was available to third parties who worked or studied within
6the school grounds at the time the threat was made, and (iii)
7the threat could be reasonably interpreted as threatening to
8the safety and security of the threatened individual because
9of his or her duties or employment status or status as a
10student inside the school.
11 (e) To maintain order and security in the schools, school
12authorities may inspect and search places and areas such as
13lockers, desks, parking lots, and other school property and
14equipment owned or controlled by the school, as well as
15personal effects left in those places and areas by students,
16without notice to or the consent of the student, and without a
17search warrant. As a matter of public policy, the General
18Assembly finds that students have no reasonable expectation of
19privacy in these places and areas or in their personal effects
20left in these places and areas. School authorities may request
21the assistance of law enforcement officials for the purpose of
22conducting inspections and searches of lockers, desks, parking
23lots, and other school property and equipment owned or
24controlled by the school for illegal drugs, weapons, or other
25illegal or dangerous substances or materials, including
26searches conducted through the use of specially trained dogs.

HB4376- 50 -LRB102 21797 RLC 30917 b
1If a search conducted in accordance with this Section produces
2evidence that the student has violated or is violating either
3the law, local ordinance, or the school's policies or rules,
4such evidence may be seized by school authorities, and
5disciplinary action may be taken. School authorities may also
6turn over such evidence to law enforcement authorities.
7 (f) Suspension or expulsion may include suspension or
8expulsion from school and all school activities and a
9prohibition from being present on school grounds.
10 (g) A school district may adopt a policy providing that if
11a student is suspended or expelled for any reason from any
12public or private school in this or any other state, the
13student must complete the entire term of the suspension or
14expulsion in an alternative school program under Article 13A
15of this Code or an alternative learning opportunities program
16under Article 13B of this Code before being admitted into the
17school district if there is no threat to the safety of students
18or staff in the alternative program.
19 (h) School officials shall not advise or encourage
20students to drop out voluntarily due to behavioral or academic
21difficulties.
22 (i) A student may not be issued a monetary fine or fee as a
23disciplinary consequence, though this shall not preclude
24requiring a student to provide restitution for lost, stolen,
25or damaged property.
26 (j) Subsections (a) through (i) of this Section shall

HB4376- 51 -LRB102 21797 RLC 30917 b
1apply to elementary and secondary schools, charter schools,
2special charter districts, and school districts organized
3under Article 34 of this Code.
4 (k) The expulsion of children enrolled in programs funded
5under Section 1C-2 of this Code is subject to the requirements
6under paragraph (7) of subsection (a) of Section 2-3.71 of
7this Code.
8 (l) Beginning with the 2018-2019 school year, an in-school
9suspension program provided by a school district for any
10students in kindergarten through grade 12 may focus on
11promoting non-violent conflict resolution and positive
12interaction with other students and school personnel. A school
13district may employ a school social worker or a licensed
14mental health professional to oversee an in-school suspension
15program in kindergarten through grade 12.
16(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.)
17 (Text of Section after amendment by P.A. 102-466)
18 Sec. 10-22.6. Suspension or expulsion of pupils; school
19searches.
20 (a) To expel pupils guilty of gross disobedience or
21misconduct, including gross disobedience or misconduct
22perpetuated by electronic means, pursuant to subsection (b-20)
23of this Section, and no action shall lie against them for such
24expulsion. Expulsion shall take place only after the parents
25or guardians have been requested to appear at a meeting of the

HB4376- 52 -LRB102 21797 RLC 30917 b
1board, or with a hearing officer appointed by it, to discuss
2their child's behavior. Such request shall be made by
3registered or certified mail and shall state the time, place
4and purpose of the meeting. The board, or a hearing officer
5appointed by it, at such meeting shall state the reasons for
6dismissal and the date on which the expulsion is to become
7effective. If a hearing officer is appointed by the board, he
8shall report to the board a written summary of the evidence
9heard at the meeting and the board may take such action thereon
10as it finds appropriate. If the board acts to expel a pupil,
11the written expulsion decision shall detail the specific
12reasons why removing the pupil from the learning environment
13is in the best interest of the school. The expulsion decision
14shall also include a rationale as to the specific duration of
15the expulsion. An expelled pupil may be immediately
16transferred to an alternative program in the manner provided
17in Article 13A or 13B of this Code. A pupil must not be denied
18transfer because of the expulsion, except in cases in which
19such transfer is deemed to cause a threat to the safety of
20students or staff in the alternative program.
21 (b) To suspend or by policy to authorize the
22superintendent of the district or the principal, assistant
23principal, or dean of students of any school to suspend pupils
24guilty of gross disobedience or misconduct, or to suspend
25pupils guilty of gross disobedience or misconduct on the
26school bus from riding the school bus, pursuant to subsections

HB4376- 53 -LRB102 21797 RLC 30917 b
1(b-15) and (b-20) of this Section, and no action shall lie
2against them for such suspension. The board may by policy
3authorize the superintendent of the district or the principal,
4assistant principal, or dean of students of any school to
5suspend pupils guilty of such acts for a period not to exceed
610 school days. If a pupil is suspended due to gross
7disobedience or misconduct on a school bus, the board may
8suspend the pupil in excess of 10 school days for safety
9reasons.
10 Any suspension shall be reported immediately to the
11parents or guardians of a pupil along with a full statement of
12the reasons for such suspension and a notice of their right to
13a review. The school board must be given a summary of the
14notice, including the reason for the suspension and the
15suspension length. Upon request of the parents or guardians,
16the school board or a hearing officer appointed by it shall
17review such action of the superintendent or principal,
18assistant principal, or dean of students. At such review, the
19parents or guardians of the pupil may appear and discuss the
20suspension with the board or its hearing officer. If a hearing
21officer is appointed by the board, he shall report to the board
22a written summary of the evidence heard at the meeting. After
23its hearing or upon receipt of the written report of its
24hearing officer, the board may take such action as it finds
25appropriate. If a student is suspended pursuant to this
26subsection (b), the board shall, in the written suspension

HB4376- 54 -LRB102 21797 RLC 30917 b
1decision, detail the specific act of gross disobedience or
2misconduct resulting in the decision to suspend. The
3suspension decision shall also include a rationale as to the
4specific duration of the suspension. A pupil who is suspended
5in excess of 20 school days may be immediately transferred to
6an alternative program in the manner provided in Article 13A
7or 13B of this Code. A pupil must not be denied transfer
8because of the suspension, except in cases in which such
9transfer is deemed to cause a threat to the safety of students
10or staff in the alternative program.
11 (b-5) Among the many possible disciplinary interventions
12and consequences available to school officials, school
13exclusions, such as out-of-school suspensions and expulsions,
14are the most serious. School officials shall limit the number
15and duration of expulsions and suspensions to the greatest
16extent practicable, and it is recommended that they use them
17only for legitimate educational purposes. To ensure that
18students are not excluded from school unnecessarily, it is
19recommended that school officials consider forms of
20non-exclusionary discipline prior to using out-of-school
21suspensions or expulsions.
22 (b-10) Unless otherwise required by federal law or this
23Code, school boards may not institute zero-tolerance policies
24by which school administrators are required to suspend or
25expel students for particular behaviors.
26 (b-15) Out-of-school suspensions of 3 days or less may be

HB4376- 55 -LRB102 21797 RLC 30917 b
1used only if the student's continuing presence in school would
2pose a threat to school safety or a disruption to other
3students' learning opportunities. For purposes of this
4subsection (b-15), "threat to school safety or a disruption to
5other students' learning opportunities" shall be determined on
6a case-by-case basis by the school board or its designee.
7School officials shall make all reasonable efforts to resolve
8such threats, address such disruptions, and minimize the
9length of suspensions to the greatest extent practicable.
10 (b-20) Unless otherwise required by this Code,
11out-of-school suspensions of longer than 3 days, expulsions,
12and disciplinary removals to alternative schools may be used
13only if other appropriate and available behavioral and
14disciplinary interventions have been exhausted and the
15student's continuing presence in school would either (i) pose
16a threat to the safety of other students, staff, or members of
17the school community or (ii) substantially disrupt, impede, or
18interfere with the operation of the school. For purposes of
19this subsection (b-20), "threat to the safety of other
20students, staff, or members of the school community" and
21"substantially disrupt, impede, or interfere with the
22operation of the school" shall be determined on a case-by-case
23basis by school officials. For purposes of this subsection
24(b-20), the determination of whether "appropriate and
25available behavioral and disciplinary interventions have been
26exhausted" shall be made by school officials. School officials

HB4376- 56 -LRB102 21797 RLC 30917 b
1shall make all reasonable efforts to resolve such threats,
2address such disruptions, and minimize the length of student
3exclusions to the greatest extent practicable. Within the
4suspension decision described in subsection (b) of this
5Section or the expulsion decision described in subsection (a)
6of this Section, it shall be documented whether other
7interventions were attempted or whether it was determined that
8there were no other appropriate and available interventions.
9 (b-25) Students who are suspended out-of-school for longer
10than 4 school days shall be provided appropriate and available
11support services during the period of their suspension. For
12purposes of this subsection (b-25), "appropriate and available
13support services" shall be determined by school authorities.
14Within the suspension decision described in subsection (b) of
15this Section, it shall be documented whether such services are
16to be provided or whether it was determined that there are no
17such appropriate and available services.
18 A school district may refer students who are expelled to
19appropriate and available support services.
20 A school district shall create a policy to facilitate the
21re-engagement of students who are suspended out-of-school,
22expelled, or returning from an alternative school setting.
23 (b-30) A school district shall create a policy by which
24suspended pupils, including those pupils suspended from the
25school bus who do not have alternate transportation to school,
26shall have the opportunity to make up work for equivalent

HB4376- 57 -LRB102 21797 RLC 30917 b
1academic credit. It shall be the responsibility of a pupil's
2parents or guardians to notify school officials that a pupil
3suspended from the school bus does not have alternate
4transportation to school.
5 (b-35) In all suspension review hearings conducted under
6subsection (b) or expulsion hearings conducted under
7subsection (a), a student may disclose any factor to be
8considered in mitigation, including his or her status as a
9parent, expectant parent, or victim of domestic or sexual
10violence, as defined in Article 26A. A representative of the
11parent's or guardian's choice, or of the student's choice if
12emancipated, must be permitted to represent the student
13throughout the proceedings and to address the school board or
14its appointed hearing officer. With the approval of the
15student's parent or guardian, or of the student if
16emancipated, a support person must be permitted to accompany
17the student to any disciplinary hearings or proceedings. The
18representative or support person must comply with any rules of
19the school district's hearing process. If the representative
20or support person violates the rules or engages in behavior or
21advocacy that harasses, abuses, or intimidates either party, a
22witness, or anyone else in attendance at the hearing, the
23representative or support person may be prohibited from
24further participation in the hearing or proceeding. A
25suspension or expulsion proceeding under this subsection
26(b-35) must be conducted independently from any ongoing

HB4376- 58 -LRB102 21797 RLC 30917 b
1criminal investigation or proceeding, and an absence of
2pending or possible criminal charges, criminal investigations,
3or proceedings may not be a factor in school disciplinary
4decisions.
5 (b-40) During a suspension review hearing conducted under
6subsection (b) or an expulsion hearing conducted under
7subsection (a) that involves allegations of sexual violence by
8the student who is subject to discipline, neither the student
9nor his or her representative shall directly question nor have
10direct contact with the alleged victim. The student who is
11subject to discipline or his or her representative may, at the
12discretion and direction of the school board or its appointed
13hearing officer, suggest questions to be posed by the school
14board or its appointed hearing officer to the alleged victim.
15 (c) A school board must invite a representative from a
16local mental health agency to consult with the board at the
17meeting whenever there is evidence that mental illness may be
18the cause of a student's expulsion or suspension.
19 (c-5) School districts shall make reasonable efforts to
20provide ongoing professional development to teachers,
21administrators, school board members, school resource
22officers, and staff on the adverse consequences of school
23exclusion and justice-system involvement, effective classroom
24management strategies, culturally responsive discipline, the
25appropriate and available supportive services for the
26promotion of student attendance and engagement, and

HB4376- 59 -LRB102 21797 RLC 30917 b
1developmentally appropriate disciplinary methods that promote
2positive and healthy school climates.
3 (d) The board may expel a student for a definite period of
4time not to exceed 2 calendar years, as determined on a
5case-by-case basis. A student who is determined to have
6brought one of the following objects to school, any
7school-sponsored activity or event, or any activity or event
8that bears a reasonable relationship to school shall be
9expelled for a period of not less than one year:
10 (1) A firearm. For the purposes of this Section,
11 "firearm" means any gun, rifle, shotgun, weapon as defined
12 by Section 921 of Title 18 of the United States Code,
13 firearm as defined in Section 2-7.5 1.1 of the Firearm
14 Owners Identification Card Act, or firearm as defined in
15 Section 24-1 of the Criminal Code of 2012. The expulsion
16 period under this subdivision (1) may be modified by the
17 superintendent, and the superintendent's determination may
18 be modified by the board on a case-by-case basis.
19 (2) A knife, brass knuckles or other knuckle weapon
20 regardless of its composition, a billy club, or any other
21 object if used or attempted to be used to cause bodily
22 harm, including "look alikes" of any firearm as defined in
23 subdivision (1) of this subsection (d). The expulsion
24 requirement under this subdivision (2) may be modified by
25 the superintendent, and the superintendent's determination
26 may be modified by the board on a case-by-case basis.

HB4376- 60 -LRB102 21797 RLC 30917 b
1Expulsion or suspension shall be construed in a manner
2consistent with the federal Individuals with Disabilities
3Education Act. A student who is subject to suspension or
4expulsion as provided in this Section may be eligible for a
5transfer to an alternative school program in accordance with
6Article 13A of the School Code.
7 (d-5) The board may suspend or by regulation authorize the
8superintendent of the district or the principal, assistant
9principal, or dean of students of any school to suspend a
10student for a period not to exceed 10 school days or may expel
11a student for a definite period of time not to exceed 2
12calendar years, as determined on a case-by-case basis, if (i)
13that student has been determined to have made an explicit
14threat on an Internet website against a school employee, a
15student, or any school-related personnel, (ii) the Internet
16website through which the threat was made is a site that was
17accessible within the school at the time the threat was made or
18was available to third parties who worked or studied within
19the school grounds at the time the threat was made, and (iii)
20the threat could be reasonably interpreted as threatening to
21the safety and security of the threatened individual because
22of his or her duties or employment status or status as a
23student inside the school.
24 (e) To maintain order and security in the schools, school
25authorities may inspect and search places and areas such as
26lockers, desks, parking lots, and other school property and

HB4376- 61 -LRB102 21797 RLC 30917 b
1equipment owned or controlled by the school, as well as
2personal effects left in those places and areas by students,
3without notice to or the consent of the student, and without a
4search warrant. As a matter of public policy, the General
5Assembly finds that students have no reasonable expectation of
6privacy in these places and areas or in their personal effects
7left in these places and areas. School authorities may request
8the assistance of law enforcement officials for the purpose of
9conducting inspections and searches of lockers, desks, parking
10lots, and other school property and equipment owned or
11controlled by the school for illegal drugs, weapons, or other
12illegal or dangerous substances or materials, including
13searches conducted through the use of specially trained dogs.
14If a search conducted in accordance with this Section produces
15evidence that the student has violated or is violating either
16the law, local ordinance, or the school's policies or rules,
17such evidence may be seized by school authorities, and
18disciplinary action may be taken. School authorities may also
19turn over such evidence to law enforcement authorities.
20 (f) Suspension or expulsion may include suspension or
21expulsion from school and all school activities and a
22prohibition from being present on school grounds.
23 (g) A school district may adopt a policy providing that if
24a student is suspended or expelled for any reason from any
25public or private school in this or any other state, the
26student must complete the entire term of the suspension or

HB4376- 62 -LRB102 21797 RLC 30917 b
1expulsion in an alternative school program under Article 13A
2of this Code or an alternative learning opportunities program
3under Article 13B of this Code before being admitted into the
4school district if there is no threat to the safety of students
5or staff in the alternative program. A school district that
6adopts a policy under this subsection (g) must include a
7provision allowing for consideration of any mitigating
8factors, including, but not limited to, a student's status as
9a parent, expectant parent, or victim of domestic or sexual
10violence, as defined in Article 26A.
11 (h) School officials shall not advise or encourage
12students to drop out voluntarily due to behavioral or academic
13difficulties.
14 (i) A student may not be issued a monetary fine or fee as a
15disciplinary consequence, though this shall not preclude
16requiring a student to provide restitution for lost, stolen,
17or damaged property.
18 (j) Subsections (a) through (i) of this Section shall
19apply to elementary and secondary schools, charter schools,
20special charter districts, and school districts organized
21under Article 34 of this Code.
22 (k) The expulsion of children enrolled in programs funded
23under Section 1C-2 of this Code is subject to the requirements
24under paragraph (7) of subsection (a) of Section 2-3.71 of
25this Code.
26 (l) Beginning with the 2018-2019 school year, an in-school

HB4376- 63 -LRB102 21797 RLC 30917 b
1suspension program provided by a school district for any
2students in kindergarten through grade 12 may focus on
3promoting non-violent conflict resolution and positive
4interaction with other students and school personnel. A school
5district may employ a school social worker or a licensed
6mental health professional to oversee an in-school suspension
7program in kindergarten through grade 12.
8(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
9102-539, eff. 8-20-21; revised 9-23-21.)
10 (105 ILCS 5/10-27.1A)
11 Sec. 10-27.1A. Firearms in schools.
12 (a) All school officials, including teachers, school
13counselors, and support staff, shall immediately notify the
14office of the principal in the event that they observe any
15person in possession of a firearm on school grounds; provided
16that taking such immediate action to notify the office of the
17principal would not immediately endanger the health, safety,
18or welfare of students who are under the direct supervision of
19the school official or the school official. If the health,
20safety, or welfare of students under the direct supervision of
21the school official or of the school official is immediately
22endangered, the school official shall notify the office of the
23principal as soon as the students under his or her supervision
24and he or she are no longer under immediate danger. A report is
25not required by this Section when the school official knows

HB4376- 64 -LRB102 21797 RLC 30917 b
1that the person in possession of the firearm is a law
2enforcement official engaged in the conduct of his or her
3official duties. Any school official acting in good faith who
4makes such a report under this Section shall have immunity
5from any civil or criminal liability that might otherwise be
6incurred as a result of making the report. The identity of the
7school official making such report shall not be disclosed
8except as expressly and specifically authorized by law.
9Knowingly and willfully failing to comply with this Section is
10a petty offense. A second or subsequent offense is a Class C
11misdemeanor.
12 (b) Upon receiving a report from any school official
13pursuant to this Section, or from any other person, the
14principal or his or her designee shall immediately notify a
15local law enforcement agency. If the person found to be in
16possession of a firearm on school grounds is a student, the
17principal or his or her designee shall also immediately notify
18that student's parent or guardian. Any principal or his or her
19designee acting in good faith who makes such reports under
20this Section shall have immunity from any civil or criminal
21liability that might otherwise be incurred or imposed as a
22result of making the reports. Knowingly and willfully failing
23to comply with this Section is a petty offense. A second or
24subsequent offense is a Class C misdemeanor. If the person
25found to be in possession of the firearm on school grounds is a
26minor, the law enforcement agency shall detain that minor

HB4376- 65 -LRB102 21797 RLC 30917 b
1until such time as the agency makes a determination pursuant
2to clause (a) of subsection (1) of Section 5-401 of the
3Juvenile Court Act of 1987, as to whether the agency
4reasonably believes that the minor is delinquent. If the law
5enforcement agency determines that probable cause exists to
6believe that the minor committed a violation of item (4) of
7subsection (a) of Section 24-1 of the Criminal Code of 2012
8while on school grounds, the agency shall detain the minor for
9processing pursuant to Section 5-407 of the Juvenile Court Act
10of 1987.
11 (c) On or after January 1, 1997, upon receipt of any
12written, electronic, or verbal report from any school
13personnel regarding a verified incident involving a firearm in
14a school or on school owned or leased property, including any
15conveyance owned, leased, or used by the school for the
16transport of students or school personnel, the superintendent
17or his or her designee shall report all such firearm-related
18incidents occurring in a school or on school property to the
19local law enforcement authorities immediately and to the
20Illinois State Police in a form, manner, and frequency as
21prescribed by the Illinois State Police.
22 The State Board of Education shall receive an annual
23statistical compilation and related data associated with
24incidents involving firearms in schools from the Illinois
25State Police. The State Board of Education shall compile this
26information by school district and make it available to the

HB4376- 66 -LRB102 21797 RLC 30917 b
1public.
2 (d) As used in this Section, the term "firearm" shall have
3the meaning ascribed to it in Section 2-7.5 of the Criminal
4Code of 2012 1.1 of the Firearm Owners Identification Card
5Act.
6 As used in this Section, the term "school" means any
7public or private elementary or secondary school.
8 As used in this Section, the term "school grounds"
9includes the real property comprising any school, any
10conveyance owned, leased, or contracted by a school to
11transport students to or from school or a school-related
12activity, or any public way within 1,000 feet of the real
13property comprising any school.
14(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
15revised 10-6-21.)
16 (105 ILCS 5/34-8.05)
17 Sec. 34-8.05. Reporting firearms in schools. On or after
18January 1, 1997, upon receipt of any written, electronic, or
19verbal report from any school personnel regarding a verified
20incident involving a firearm in a school or on school owned or
21leased property, including any conveyance owned, leased, or
22used by the school for the transport of students or school
23personnel, the general superintendent or his or her designee
24shall report all such firearm-related incidents occurring in a
25school or on school property to the local law enforcement

HB4376- 67 -LRB102 21797 RLC 30917 b
1authorities no later than 24 hours after the occurrence of the
2incident and to the Illinois State Police in a form, manner,
3and frequency as prescribed by the Illinois State Police.
4 The State Board of Education shall receive an annual
5statistical compilation and related data associated with
6incidents involving firearms in schools from the Illinois
7State Police. As used in this Section, the term "firearm"
8shall have the meaning ascribed to it in Section 2-7.5 of the
9Criminal Code of 2012 1.1 of the Firearm Owners Identification
10Card Act.
11(Source: P.A. 102-538, eff. 8-20-21.)
12 Section 40. The Illinois Explosives Act is amended by
13changing Section 2005 as follows:
14 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
15 Sec. 2005. Qualifications for licensure.
16 (a) No person shall qualify to hold a license who:
17 (1) is under 21 years of age;
18 (2) has been convicted in any court of a crime
19 punishable by imprisonment for a term exceeding one year;
20 (3) is under indictment for a crime punishable by
21 imprisonment for a term exceeding one year;
22 (4) is a fugitive from justice;
23 (5) is an unlawful user of or addicted to any
24 controlled substance as defined in Section 102 of the

HB4376- 68 -LRB102 21797 RLC 30917 b
1 federal Controlled Substances Act (21 U.S.C. Sec. 802 et
2 seq.);
3 (6) has been adjudicated a person with a mental
4 disability as defined in Section 6-103.1 of the Mental
5 Health and Developmental Disabilities Code 1.1 of the
6 Firearm Owners Identification Card Act; or
7 (7) is not a legal citizen of the United States or
8 lawfully admitted for permanent residence.
9 (b) A person who has been granted a "relief from
10disabilities" regarding criminal convictions and indictments,
11pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
12845) may receive a license provided all other qualifications
13under this Act are met.
14(Source: P.A. 101-541, eff. 8-23-19.)
15 Section 45. The Private Detective, Private Alarm, Private
16Security, and Locksmith Act of 2004 is amended by changing
17Sections 35-30 and 35-35 as follows:
18 (225 ILCS 447/35-30)
19 (Section scheduled to be repealed on January 1, 2024)
20 Sec. 35-30. Employee requirements. All employees of a
21licensed agency, other than those exempted, shall apply for a
22permanent employee registration card. The holder of an agency
23license issued under this Act, known in this Section as
24"employer", may employ in the conduct of his or her business

HB4376- 69 -LRB102 21797 RLC 30917 b
1employees under the following provisions:
2 (a) No person shall be issued a permanent employee
3registration card who:
4 (1) Is younger than 18 years of age.
5 (2) Is younger than 21 years of age if the services
6 will include being armed.
7 (3) Has been determined by the Department to be unfit
8 by reason of conviction of an offense in this or another
9 state, including registration as a sex offender, but not
10 including a traffic offense. Persons convicted of felonies
11 involving bodily harm, weapons, violence, or theft within
12 the previous 10 years shall be presumed to be unfit for
13 registration. The Department shall adopt rules for making
14 those determinations that shall afford the applicant due
15 process of law.
16 (4) Has had a license or permanent employee
17 registration card denied, suspended, or revoked under this
18 Act (i) within one year before the date the person's
19 application for permanent employee registration card is
20 received by the Department; and (ii) that refusal, denial,
21 suspension, or revocation was based on any provision of
22 this Act other than Section 40-50, item (6) or (8) of
23 subsection (a) of Section 15-10, subsection (b) of Section
24 15-10, item (6) or (8) of subsection (a) of Section 20-10,
25 subsection (b) of Section 20-10, item (6) or (8) of
26 subsection (a) of Section 25-10, subsection (b) of Section

HB4376- 70 -LRB102 21797 RLC 30917 b
1 25-10, item (7) of subsection (a) of Section 30-10,
2 subsection (b) of Section 30-10, or Section 10-40.
3 (5) Has been declared incompetent by any court of
4 competent jurisdiction by reason of mental disease or
5 defect and has not been restored.
6 (6) Has been dishonorably discharged from the armed
7 services of the United States.
8 (b) No person may be employed by a private detective
9agency, private security contractor agency, private alarm
10contractor agency, fingerprint vendor agency, or locksmith
11agency under this Section until he or she has executed and
12furnished to the employer, on forms furnished by the
13Department, a verified statement to be known as "Employee's
14Statement" setting forth:
15 (1) The person's full name, age, and residence
16 address.
17 (2) The business or occupation engaged in for the 5
18 years immediately before the date of the execution of the
19 statement, the place where the business or occupation was
20 engaged in, and the names of employers, if any.
21 (3) That the person has not had a license or employee
22 registration denied, revoked, or suspended under this Act
23 (i) within one year before the date the person's
24 application for permanent employee registration card is
25 received by the Department; and (ii) that refusal, denial,
26 suspension, or revocation was based on any provision of

HB4376- 71 -LRB102 21797 RLC 30917 b
1 this Act other than Section 40-50, item (6) or (8) of
2 subsection (a) of Section 15-10, subsection (b) of Section
3 15-10, item (6) or (8) of subsection (a) of Section 20-10,
4 subsection (b) of Section 20-10, item (6) or (8) of
5 subsection (a) of Section 25-10, subsection (b) of Section
6 25-10, item (7) of subsection (a) of Section 30-10,
7 subsection (b) of Section 30-10, or Section 10-40.
8 (4) Any conviction of a felony or misdemeanor.
9 (5) Any declaration of incompetence by a court of
10 competent jurisdiction that has not been restored.
11 (6) Any dishonorable discharge from the armed services
12 of the United States.
13 (7) Any other information as may be required by any
14 rule of the Department to show the good character,
15 competency, and integrity of the person executing the
16 statement.
17 (c) Each applicant for a permanent employee registration
18card shall have his or her fingerprints submitted to the
19Illinois State Police in an electronic format that complies
20with the form and manner for requesting and furnishing
21criminal history record information as prescribed by the
22Illinois State Police. These fingerprints shall be checked
23against the Illinois State Police and Federal Bureau of
24Investigation criminal history record databases now and
25hereafter filed. The Illinois State Police shall charge
26applicants a fee for conducting the criminal history records

HB4376- 72 -LRB102 21797 RLC 30917 b
1check, which shall be deposited in the State Police Services
2Fund and shall not exceed the actual cost of the records check.
3The Illinois State Police shall furnish, pursuant to positive
4identification, records of Illinois convictions to the
5Department. The Department may require applicants to pay a
6separate fingerprinting fee, either to the Department or
7directly to the vendor. The Department, in its discretion, may
8allow an applicant who does not have reasonable access to a
9designated vendor to provide his or her fingerprints in an
10alternative manner. The Department, in its discretion, may
11also use other procedures in performing or obtaining criminal
12background checks of applicants. Instead of submitting his or
13her fingerprints, an individual may submit proof that is
14satisfactory to the Department that an equivalent security
15clearance has been conducted. Also, an individual who has
16retired as a peace officer within 12 months of application may
17submit verification, on forms provided by the Department and
18signed by his or her employer, of his or her previous full-time
19employment as a peace officer.
20 (d) The Department shall issue a permanent employee
21registration card, in a form the Department prescribes, to all
22qualified applicants. The holder of a permanent employee
23registration card shall carry the card at all times while
24actually engaged in the performance of the duties of his or her
25employment. Expiration and requirements for renewal of
26permanent employee registration cards shall be established by

HB4376- 73 -LRB102 21797 RLC 30917 b
1rule of the Department. Possession of a permanent employee
2registration card does not in any way imply that the holder of
3the card is employed by an agency unless the permanent
4employee registration card is accompanied by the employee
5identification card required by subsection (f) of this
6Section.
7 (e) Each employer shall maintain a record of each employee
8that is accessible to the duly authorized representatives of
9the Department. The record shall contain the following
10information:
11 (1) A photograph taken within 10 days of the date that
12 the employee begins employment with the employer. The
13 photograph shall be replaced with a current photograph
14 every 3 calendar years.
15 (2) The Employee's Statement specified in subsection
16 (b) of this Section.
17 (3) All correspondence or documents relating to the
18 character and integrity of the employee received by the
19 employer from any official source or law enforcement
20 agency.
21 (4) In the case of former employees, the employee
22 identification card of that person issued under subsection
23 (f) of this Section. Each employee record shall duly note
24 if the employee is employed in an armed capacity. Armed
25 employee files shall contain a copy of an active firearm
26 owner's identification card and a copy of an active

HB4376- 74 -LRB102 21797 RLC 30917 b
1 firearm control card. Each employer shall maintain a
2 record for each armed employee of each instance in which
3 the employee's weapon was discharged during the course of
4 his or her professional duties or activities. The record
5 shall be maintained on forms provided by the Department, a
6 copy of which must be filed with the Department within 15
7 days of an instance. The record shall include the date and
8 time of the occurrence, the circumstances involved in the
9 occurrence, and any other information as the Department
10 may require. Failure to provide this information to the
11 Department or failure to maintain the record as a part of
12 each armed employee's permanent file is grounds for
13 disciplinary action. The Department, upon receipt of a
14 report, shall have the authority to make any investigation
15 it considers appropriate into any occurrence in which an
16 employee's weapon was discharged and to take disciplinary
17 action as may be appropriate.
18 (5) A copy of the employee's permanent employee
19 registration card or a copy of the Department's "License
20 Lookup" Webpage showing that the employee has been issued
21 a valid permanent employee registration card by the
22 Department.
23 The Department may, by rule, prescribe further record
24requirements.
25 (f) Every employer shall furnish an employee
26identification card to each of his or her employees. This

HB4376- 75 -LRB102 21797 RLC 30917 b
1employee identification card shall contain a recent photograph
2of the employee, the employee's name, the name and agency
3license number of the employer, the employee's personal
4description, the signature of the employer, the signature of
5that employee, the date of issuance, and an employee
6identification card number.
7 (g) No employer may issue an employee identification card
8to any person who is not employed by the employer in accordance
9with this Section or falsely state or represent that a person
10is or has been in his or her employ. It is unlawful for an
11applicant for registered employment to file with the
12Department the fingerprints of a person other than himself or
13herself.
14 (h) Every employer shall obtain the identification card of
15every employee who terminates employment with him or her.
16 (i) Every employer shall maintain a separate roster of the
17names of all employees currently working in an armed capacity
18and submit the roster to the Department on request.
19 (j) No agency may employ any person to perform a licensed
20activity under this Act unless the person possesses a valid
21permanent employee registration card or a valid license under
22this Act, or is exempt pursuant to subsection (n).
23 (k) Notwithstanding the provisions of subsection (j), an
24agency may employ a person in a temporary capacity if all of
25the following conditions are met:
26 (1) The agency completes in its entirety and submits

HB4376- 76 -LRB102 21797 RLC 30917 b
1 to the Department an application for a permanent employee
2 registration card, including the required fingerprint
3 receipt and fees.
4 (2) The agency has verification from the Department
5 that the applicant has no record of any criminal
6 conviction pursuant to the criminal history check
7 conducted by the Illinois State Police. The agency shall
8 maintain the verification of the results of the Illinois
9 State Police criminal history check as part of the
10 employee record as required under subsection (e) of this
11 Section.
12 (3) The agency exercises due diligence to ensure that
13 the person is qualified under the requirements of the Act
14 to be issued a permanent employee registration card.
15 (4) The agency maintains a separate roster of the
16 names of all employees whose applications are currently
17 pending with the Department and submits the roster to the
18 Department on a monthly basis. Rosters are to be
19 maintained by the agency for a period of at least 24
20 months.
21 An agency may employ only a permanent employee applicant
22for which it either submitted a permanent employee application
23and all required forms and fees or it confirms with the
24Department that a permanent employee application and all
25required forms and fees have been submitted by another agency,
26licensee or the permanent employee and all other requirements

HB4376- 77 -LRB102 21797 RLC 30917 b
1of this Section are met.
2 The Department shall have the authority to revoke, without
3a hearing, the temporary authority of an individual to work
4upon receipt of Federal Bureau of Investigation fingerprint
5data or a report of another official authority indicating a
6criminal conviction. If the Department has not received a
7temporary employee's Federal Bureau of Investigation
8fingerprint data within 120 days of the date the Department
9received the Illinois State Police fingerprint data, the
10Department may, at its discretion, revoke the employee's
11temporary authority to work with 15 days written notice to the
12individual and the employing agency.
13 An agency may not employ a person in a temporary capacity
14if it knows or reasonably should have known that the person has
15been convicted of a crime under the laws of this State, has
16been convicted in another state of any crime that is a crime
17under the laws of this State, has been convicted of any crime
18in a federal court, or has been posted as an unapproved
19applicant by the Department. Notice by the Department to the
20agency, via certified mail, personal delivery, electronic
21mail, or posting on the Department's Internet site accessible
22to the agency that the person has been convicted of a crime
23shall be deemed constructive knowledge of the conviction on
24the part of the agency. The Department may adopt rules to
25implement this subsection (k).
26 (l) No person may be employed under this Section in any

HB4376- 78 -LRB102 21797 RLC 30917 b
1capacity if:
2 (1) the person, while so employed, is being paid by
3 the United States or any political subdivision for the
4 time so employed in addition to any payments he or she may
5 receive from the employer; or
6 (2) the person wears any portion of his or her
7 official uniform, emblem of authority, or equipment while
8 so employed.
9 (m) If information is discovered affecting the
10registration of a person whose fingerprints were submitted
11under this Section, the Department shall so notify the agency
12that submitted the fingerprints on behalf of that person.
13 (n) Peace officers shall be exempt from the requirements
14of this Section relating to permanent employee registration
15cards. The agency shall remain responsible for any peace
16officer employed under this exemption, regardless of whether
17the peace officer is compensated as an employee or as an
18independent contractor and as further defined by rule.
19 (o) Persons who have no access to confidential or security
20information, who do not go to a client's or prospective
21client's residence or place of business, and who otherwise do
22not provide traditional security services are exempt from
23employee registration. Examples of exempt employees include,
24but are not limited to, employees working in the capacity of
25ushers, directors, ticket takers, cashiers, drivers, and
26reception personnel. Confidential or security information is

HB4376- 79 -LRB102 21797 RLC 30917 b
1that which pertains to employee files, scheduling, client
2contracts, or technical security and alarm data.
3 (p) An applicant who is 21 years of age or older seeking a
4religious exemption to the photograph requirement of this
5Section shall furnish with the application an approved copy of
6United States Department of the Treasury Internal Revenue
7Service Form 4029. Regardless of age, an applicant seeking a
8religious exemption to this photograph requirement shall
9submit fingerprints in a form and manner prescribed by the
10Department with his or her application in lieu of a
11photograph.
12(Source: P.A. 102-538, eff. 8-20-21.)
13 (225 ILCS 447/35-35)
14 (Section scheduled to be repealed on January 1, 2024)
15 Sec. 35-35. Requirement of a firearm control card.
16 (a) No person shall perform duties that include the use,
17carrying, or possession of a firearm in the performance of
18those duties without complying with the provisions of this
19Section and having been issued a valid firearm control card by
20the Department.
21 (b) No employer shall employ any person to perform the
22duties for which licensure or employee registration is
23required and allow that person to carry a firearm unless that
24person has complied with all the firearm training requirements
25of this Section and has been issued a firearm control card.

HB4376- 80 -LRB102 21797 RLC 30917 b
1This Act permits only the following to carry firearms while
2actually engaged in the performance of their duties or while
3commuting directly to or from their places of employment:
4persons licensed as private detectives and their registered
5employees; persons licensed as private security contractors
6and their registered employees; persons licensed as private
7alarm contractors and their registered employees; and
8employees of a registered armed proprietary security force.
9 (c) Possession of a valid firearm control card allows a
10licensee or employee to carry a firearm not otherwise
11prohibited by law while the licensee or employee is engaged in
12the performance of his or her duties or while the licensee or
13employee is commuting directly to or from the licensee's or
14employee's place or places of employment.
15 (d) The Department shall issue a firearm control card to a
16person who has passed an approved firearm training course, who
17is currently licensed or employed by an agency licensed by
18this Act and has met all the requirements of this Act, and who
19is not prohibited under State or federal law from possessing a
20firearm possesses a valid firearm owner identification card.
21Application for the firearm control card shall be made by the
22employer to the Department on forms provided by the
23Department. The Department shall forward the card to the
24employer who shall be responsible for its issuance to the
25licensee or employee. The firearm control card shall be issued
26by the Department and shall identify the person holding it and

HB4376- 81 -LRB102 21797 RLC 30917 b
1the name of the course where the licensee or employee received
2firearm instruction and shall specify the type of weapon or
3weapons the person is authorized by the Department to carry
4and for which the person has been trained.
5 (e) Expiration and requirements for renewal of firearm
6control cards shall be determined by rule.
7 (f) The Department may, in addition to any other
8disciplinary action permitted by this Act, refuse to issue,
9suspend, or revoke a firearm control card if the applicant or
10holder has been convicted of any felony or crime involving the
11illegal use, carrying, or possession of a deadly weapon or for
12a violation of this Act or rules adopted promulgated under
13this Act. The Department shall refuse to issue or shall revoke
14a firearm control card if the applicant or holder is
15prohibited under State or federal law from possessing a
16firearm fails to possess a valid firearm owners identification
17card without hearing. The Secretary shall summarily suspend a
18firearm control card if the Secretary finds that its continued
19use would constitute an imminent danger to the public. A
20hearing shall be held before the Board within 30 days if the
21Secretary summarily suspends a firearm control card.
22 (g) Notwithstanding any other provision of this Act to the
23contrary, all requirements relating to firearms control cards
24do not apply to a peace officer. If an individual ceases to be
25employed as a peace officer and continues to perform services
26in an armed capacity under this Act that are licensed

HB4376- 82 -LRB102 21797 RLC 30917 b
1activities, then the individual is required to obtain a
2permanent employee registration card pursuant to Section 35-30
3of this Act and must possess a valid Firearm Owner's
4Identification Card, but is not required to obtain a firearm
5control card if the individual is otherwise in continuing
6compliance with the federal Law Enforcement Officers Safety
7Act of 2004. If an individual elects to carry a firearm
8pursuant to the federal Law Enforcement Officers Safety Act of
92004, then the agency employing the officer is required to
10submit a notice of that election to the Department along with a
11fee specified by rule.
12 (h) The Department may issue a temporary firearm control
13card pending issuance of a new firearm control card upon an
14agency's acquiring of an established armed account. An agency
15that has acquired armed employees as a result of acquiring an
16established armed account may, on forms supplied by the
17Department, request the issuance of a temporary firearm
18control card for each acquired employee who held a valid
19firearm control card under his or her employment with the
20newly acquired established armed account immediately preceding
21the acquiring of the account and who continues to meet all of
22the qualifications for issuance of a firearm control card set
23forth in this Act and any rules adopted under this Act. The
24Department shall, by rule, set the fee for issuance of a
25temporary firearm control card.
26 (i) The Department shall not issue a firearm control card

HB4376- 83 -LRB102 21797 RLC 30917 b
1to a licensed fingerprint vendor or a licensed locksmith or
2employees of a licensed fingerprint vendor agency or a
3licensed locksmith agency.
4(Source: P.A. 100-712, eff. 8-3-18.)
5 Section 50. The Mental Health and Developmental
6Disabilities Code is amended by changing Sections 6-103.1,
76-103.2, and 6-103.3 as follows:
8 (405 ILCS 5/6-103.1)
9 Sec. 6-103.1. Adjudication as a person with a mental
10disability. When a person has been adjudicated as a person
11with a mental disability as defined in Section 1.1 of the
12Firearm Owners Identification Card Act, including, but not
13limited to, an adjudication as a person with a disability as
14defined in Section 11a-2 of the Probate Act of 1975, the court
15shall direct the circuit court clerk to notify the Illinois
16State Police, Firearm Owner's Identification (FOID) Office, in
17a form and manner prescribed by the Illinois State Police, and
18shall forward a copy of the court order to the Department no
19later than 7 days after the entry of the order. Upon receipt of
20the order, the Illinois State Police shall provide
21notification to the National Instant Criminal Background Check
22System. In this Section, "has been adjudicated as a mentally
23disabled person" means the person is the subject of a
24determination by a court, board, commission, or other lawful

HB4376- 84 -LRB102 21797 RLC 30917 b
1authority that the person, as a result of marked subnormal
2intelligence, or mental illness, mental impairment,
3incompetency, condition, or disease:
4 (1) presents a clear and present danger to himself,
5 herself, or to others;
6 (2) lacks the mental capacity to manage his or her own
7 affairs or is adjudicated a disabled person as defined in
8 Section 11a-2 of the Probate Act of 1975;
9 (3) is not guilty in a criminal case by reason of
10 insanity, mental disease or defect;
11 (3.5) is guilty but mentally ill, as provided in
12 Section 5-2-6 of the Unified Code of Corrections;
13 (4) is unfit to stand trial in a criminal case;
14 (5) is not guilty by reason of lack of mental
15 responsibility under Articles 50a and 72b of the Uniform
16 Code of Military Justice, 10 U.S.C. 850a, 876b;
17 (6) is a sexually violent person under subsection (f)
18 of Section 5 of the Sexually Violent Persons Commitment
19 Act;
20 (7) is a sexually dangerous person under the Sexually
21 Dangerous Persons Act;
22 (8) is unfit to stand trial under the Juvenile Court
23 Act of 1987;
24 (9) is not guilty by reason of insanity under the
25 Juvenile Court Act of 1987;
26 (10) is a person subject to involuntary admission on

HB4376- 85 -LRB102 21797 RLC 30917 b
1 an inpatient basis as defined in Section 1-119 of the
2 Mental Health and Developmental Disabilities Code;
3 (11) is a person subject to involuntary admission on
4 an outpatient basis as defined in Section 1-119.1 of the
5 Mental Health and Developmental Disabilities Code;
6 (12) is subject to judicial admission as set forth in
7 Section 4-500 of the Mental Health and Developmental
8 Disabilities Code; or
9 (13) is subject to the provisions of the Interstate
10 Agreements on Sexually Dangerous Persons Act.
11(Source: P.A. 102-538, eff. 8-20-21.)
12 (405 ILCS 5/6-103.2)
13 Sec. 6-103.2. Developmental disability; notice. If a
14person 14 years old or older is determined to be a person with
15a developmental disability by a physician, clinical
16psychologist, or qualified examiner, the physician, clinical
17psychologist, or qualified examiner shall notify the
18Department of Human Services within 7 days of making the
19determination that the person has a developmental disability.
20The Department of Human Services shall immediately update its
21records and information relating to mental health and
22developmental disabilities, and if appropriate, shall notify
23the Illinois State Police in a form and manner prescribed by
24the Illinois State Police. Information disclosed under this
25Section shall remain privileged and confidential, and shall

HB4376- 86 -LRB102 21797 RLC 30917 b
1not be redisclosed, except as required under paragraph (2) of
2subsection (e) of Section 24-4.5 of the Criminal Code of 2012
3subsection (e) of Section 3.1 of the Firearm Owners
4Identification Card Act, nor used for any other purpose. The
5method of providing this information shall guarantee that the
6information is not released beyond that which is necessary for
7the purpose of this Section and shall be provided by rule by
8the Department of Human Services. The identity of the person
9reporting under this Section shall not be disclosed to the
10subject of the report.
11 The physician, clinical psychologist, or qualified
12examiner making the determination and his or her employer may
13not be held criminally, civilly, or professionally liable for
14making or not making the notification required under this
15Section, except for willful or wanton misconduct.
16 In this Section, "developmentally disabled" has the
17meaning ascribed to it in Section 12 of the Mental Health and
18Developmental Disabilities Confidentiality Act.
19 In For purposes of this Section, "developmental
20disability" means a disability which is attributable to any
21other condition which results in impairment similar to that
22caused by an intellectual disability and which requires
23services similar to those required by intellectually disabled
24persons. The disability must originate before the age of 18
25years, be expected to continue indefinitely, and constitute a
26substantial disability. This disability results, in the

HB4376- 87 -LRB102 21797 RLC 30917 b
1professional opinion of a physician, clinical psychologist, or
2qualified examiner, in significant functional limitations in 3
3or more of the following areas of major life activity:
4 (i) self-care;
5 (ii) receptive and expressive language;
6 (iii) learning;
7 (iv) mobility; or
8 (v) self-direction.
9 "Determined to be a person with a developmental disability
10by a physician, clinical psychologist, or qualified examiner"
11means in the professional opinion of the physician, clinical
12psychologist, or qualified examiner, a person is diagnosed,
13assessed, or evaluated as having a developmental disability.
14(Source: P.A. 102-538, eff. 8-20-21.)
15 (405 ILCS 5/6-103.3)
16 Sec. 6-103.3. Clear and present danger; notice. If a
17person is determined to pose a clear and present danger to
18himself, herself, or to others by a physician, clinical
19psychologist, or qualified examiner, whether employed by the
20State, by any public or private mental health facility or part
21thereof, or by a law enforcement official or a school
22administrator, then the physician, clinical psychologist,
23qualified examiner shall notify the Department of Human
24Services and a law enforcement official or school
25administrator shall notify the Illinois State Police, within

HB4376- 88 -LRB102 21797 RLC 30917 b
124 hours of making the determination that the person poses a
2clear and present danger. The Department of Human Services
3shall immediately update its records and information relating
4to mental health and developmental disabilities, and if
5appropriate, shall notify the Illinois State Police in a form
6and manner prescribed by the Illinois State Police.
7Information disclosed under this Section shall remain
8privileged and confidential, and shall not be redisclosed,
9except as required under paragraph (2) of subsection (e) of
10Section 24-4.5 of the Criminal Code of 2012 subsection (e) of
11Section 3.1 of the Firearm Owners Identification Card Act, nor
12used for any other purpose. The method of providing this
13information shall guarantee that the information is not
14released beyond that which is necessary for the purpose of
15this Section and shall be provided by rule by the Department of
16Human Services. The identity of the person reporting under
17this Section shall not be disclosed to the subject of the
18report. The physician, clinical psychologist, qualified
19examiner, law enforcement official, or school administrator
20making the determination and his or her employer shall not be
21held criminally, civilly, or professionally liable for making
22or not making the notification required under this Section,
23except for willful or wanton misconduct. This Section does not
24apply to a law enforcement official, if making the
25notification under this Section will interfere with an ongoing
26or pending criminal investigation.

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1 In For the purposes of this Section:
2 "Clear and present danger" means a person who:
3 (1) communicates a serious threat of physical
4 violence against a reasonably identifiable victim or
5 poses a clear and imminent risk of serious physical
6 injury to himself, herself, or another person as
7 determined by a physician, clinical psychologist, or
8 qualified examiner; or
9 (2) demonstrates threatening physical or verbal
10 behavior, such as violent, suicidal, or assaultive
11 threats, actions, or other behavior, as determined by
12 a physician, clinical psychologist, qualified
13 examiner, school administrator, or law enforcement
14 official.
15 "Physician", "clinical psychologist", and "qualified
16 examiner" have the meanings ascribed to them in the Mental
17 Health and Developmental Disabilities Code has the meaning
18 ascribed to it in Section 1.1 of the Firearm Owners
19 Identification Card Act.
20 "Determined to pose a clear and present danger to
21 himself, herself, or to others by a physician, clinical
22 psychologist, or qualified examiner" means in the
23 professional opinion of the physician, clinical
24 psychologist, or qualified examiner, a person poses a
25 clear and present danger.
26 "School administrator" means the person required to

HB4376- 90 -LRB102 21797 RLC 30917 b
1 report under the School Administrator Reporting of Mental
2 Health Clear and Present Danger Determinations Law.
3(Source: P.A. 102-538, eff. 8-20-21.)
4 Section 55. The Lead Poisoning Prevention Act is amended
5by changing Section 2 as follows:
6 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
7 Sec. 2. Definitions. As used in this Act:
8 "Child care facility" means any structure used by a child
9care provider licensed by the Department of Children and
10Family Services or public or private school structure
11frequented by children 6 years of age or younger.
12 "Childhood Lead Risk Questionnaire" means the
13questionnaire developed by the Department for use by
14physicians and other health care providers to determine risk
15factors for children 6 years of age or younger residing in
16areas designated as low risk for lead exposure.
17 "Delegate agency" means a unit of local government or
18health department approved by the Department to carry out the
19provisions of this Act.
20 "Department" means the Department of Public Health.
21 "Director" means the Director of Public Health.
22 "Dwelling unit" means an individual unit within a
23residential building used as living quarters for one
24household.

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1 "Elevated blood lead level" means a blood lead level in
2excess of the limits established under State rules.
3 "Exposed surface" means any interior or exterior surface
4of a regulated facility.
5 "High risk area" means an area in the State determined by
6the Department to be high risk for lead exposure for children 6
7years of age or younger. The Department may consider, but is
8not limited to, the following factors to determine a high risk
9area: age and condition (using Department of Housing and Urban
10Development definitions of "slum" and "blighted") of housing,
11proximity to highway traffic or heavy local traffic or both,
12percentage of housing determined as rental or vacant,
13proximity to industry using lead, established incidence of
14elevated blood lead levels in children, percentage of
15population living below 200% of federal poverty guidelines,
16and number of children residing in the area who are 6 years of
17age or younger.
18 "Lead abatement" means any approved work practices that
19will permanently eliminate lead exposure or remove the
20lead-bearing substances in a regulated facility. The
21Department shall establish by rule which work practices are
22approved or prohibited for lead abatement.
23 "Lead abatement contractor" means any person or entity
24licensed by the Department to perform lead abatement and
25mitigation.
26 "Lead abatement supervisor" means any person employed by a

HB4376- 92 -LRB102 21797 RLC 30917 b
1lead abatement contractor and licensed by the Department to
2perform lead abatement and lead mitigation and to supervise
3lead workers who perform lead abatement and lead mitigation.
4 "Lead abatement worker" means any person employed by a
5lead abatement contractor and licensed by the Department to
6perform lead abatement and mitigation.
7 "Lead activities" means the conduct of any lead services,
8including, lead inspection, lead risk assessment, lead
9mitigation, or lead abatement work or supervision in a
10regulated facility.
11 "Lead-bearing substance" means any item containing or
12coated with lead such that the lead content is more than
13six-hundredths of one percent (0.06%) lead by total weight; or
14any dust on surfaces or in furniture or other nonpermanent
15elements of the regulated facility; or any paint or other
16surface coating material containing more than five-tenths of
17one percent (0.5%) lead by total weight (calculated as lead
18metal) in the total non-volatile content of liquid paint; or
19lead-bearing substances containing greater than one milligram
20per square centimeter or any lower standard for lead content
21in residential paint as may be established by federal law or
22rule; or more than 1 milligram per square centimeter in the
23dried film of paint or previously applied substance; or item
24or dust on item containing lead in excess of the amount
25specified in the rules authorized by this Act or a lower
26standard for lead content as may be established by federal law

HB4376- 93 -LRB102 21797 RLC 30917 b
1or rule. "Lead-bearing substance" does not include firearm
2ammunition or components as defined by Section 2-7.1 of the
3Criminal Code of 2012 the Firearm Owners Identification Card
4Act.
5 "Lead hazard" means a lead-bearing substance that poses an
6immediate health hazard to humans.
7 "Lead hazard screen" means a lead risk assessment that
8involves limited dust and paint sampling for lead-bearing
9substances and lead hazards. This service is used as a
10screening tool designed to determine if further lead
11investigative services are required for the regulated
12facility.
13 "Lead inspection" means a surface-by-surface investigation
14to determine the presence of lead-based paint.
15 "Lead inspector" means an individual who has been trained
16by a Department-approved training program and is licensed by
17the Department to conduct lead inspections; to sample for the
18presence of lead in paint, dust, soil, and water; and to
19conduct compliance investigations.
20 "Lead mitigation" means the remediation, in a manner
21described in Section 9, of a lead hazard so that the
22lead-bearing substance does not pose an immediate health
23hazard to humans.
24 "Lead poisoning" means having an elevated blood lead
25level.
26 "Lead risk assessment" means an on-site investigation to

HB4376- 94 -LRB102 21797 RLC 30917 b
1determine the existence, nature, severity, and location of
2lead hazards. "Lead risk assessment" includes any lead
3sampling and visual assessment associated with conducting a
4lead risk assessment and lead hazard screen and all lead
5sampling associated with compliance investigations.
6 "Lead risk assessor" means an individual who has been
7trained by a Department-approved training program and is
8licensed by the Department to conduct lead risk assessments,
9lead inspections, and lead hazard screens; to sample for the
10presence of lead in paint, dust, soil, water, and sources for
11lead-bearing substances; and to conduct compliance
12investigations.
13 "Lead training program provider" means any person
14providing Department-approved lead training in Illinois to
15individuals seeking licensure in accordance with the Act.
16 "Low risk area" means an area in the State determined by
17the Department to be low risk for lead exposure for children 6
18years of age or younger. The Department may consider the
19factors named in "high risk area" to determine low risk areas.
20 "Owner" means any person, who alone, jointly, or severally
21with others:
22 (a) Has legal title to any regulated facility, with or
23 without actual possession of the regulated facility, or
24 (b) Has charge, care, or control of the regulated
25 facility as owner or agent of the owner, or as executor,
26 administrator, trustee, or guardian of the estate of the

HB4376- 95 -LRB102 21797 RLC 30917 b
1 owner.
2 "Person" means any individual, partnership, firm, company,
3limited liability company, corporation, association, joint
4stock company, trust, estate, political subdivision, State
5agency, or any other legal entity, or their legal
6representative, agent, or assign.
7 "Regulated facility" means a residential building or child
8care facility.
9 "Residential building" means any room, group of rooms, or
10other interior areas of a structure designed or used for human
11habitation; common areas accessible by inhabitants; and the
12surrounding property or structures.
13(Source: P.A. 100-723, eff. 1-1-19.)
14 (430 ILCS 65/Act rep.)
15 Section 60. The Firearm Owners Identification Card Act is
16repealed.
17 Section 65. The Firearm Concealed Carry Act is amended by
18changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:
19 (430 ILCS 66/25)
20 Sec. 25. Qualifications for a license.
21 The Illinois State Police shall issue a license to an
22applicant completing an application in accordance with Section
2330 of this Act if the person:

HB4376- 96 -LRB102 21797 RLC 30917 b
1 (1) is at least 21 years of age;
2 (2) has a currently valid Firearm Owner's
3 Identification Card and at the time of application meets
4 the requirements for the issuance of a Firearm Owner's
5 Identification Card and is not prohibited under State the
6 Firearm Owners Identification Card Act or federal law from
7 possessing or receiving a firearm;
8 (3) has not been convicted or found guilty in this
9 State or in any other state of:
10 (A) a misdemeanor involving the use or threat of
11 physical force or violence to any person within the 5
12 years preceding the date of the license application;
13 or
14 (B) 2 or more violations related to driving while
15 under the influence of alcohol, other drug or drugs,
16 intoxicating compound or compounds, or any combination
17 thereof, within the 5 years preceding the date of the
18 license application;
19 (4) is not the subject of a pending arrest warrant,
20 prosecution, or proceeding for an offense or action that
21 could lead to disqualification to own or possess a
22 firearm;
23 (5) has not been in residential or court-ordered
24 treatment for alcoholism, alcohol detoxification, or drug
25 treatment within the 5 years immediately preceding the
26 date of the license application; and

HB4376- 97 -LRB102 21797 RLC 30917 b
1 (6) has completed firearms training and any education
2 component required under Section 75 of this Act.
3(Source: P.A. 102-538, eff. 8-20-21.)
4 (430 ILCS 66/30)
5 Sec. 30. Contents of license application.
6 (a) The license application shall be in writing, under
7penalty of perjury, on a standard form adopted by the Illinois
8State Police and shall be accompanied by the documentation
9required in this Section and the applicable fee. Each
10application form shall include the following statement printed
11in bold type: "Warning: Entering false information on this
12form is punishable as perjury under Section 32-2 of the
13Criminal Code of 2012."
14 (b) The application shall contain the following:
15 (1) the applicant's name, current address, date and
16 year of birth, place of birth, height, weight, hair color,
17 eye color, maiden name or any other name the applicant has
18 used or identified with, and any address where the
19 applicant resided for more than 30 days within the 10
20 years preceding the date of the license application;
21 (2) the applicant's valid driver's license number or
22 valid state identification card number;
23 (3) a waiver of the applicant's privacy and
24 confidentiality rights and privileges under all federal
25 and state laws, including those limiting access to

HB4376- 98 -LRB102 21797 RLC 30917 b
1 juvenile court, criminal justice, psychological, or
2 psychiatric records or records relating to any
3 institutionalization of the applicant, and an affirmative
4 request that a person having custody of any of these
5 records provide it or information concerning it to the
6 Illinois State Police. The waiver only applies to records
7 sought in connection with determining whether the
8 applicant qualifies for a license to carry a concealed
9 firearm under this Act, or whether the applicant remains
10 in compliance with the Firearm Owners Identification Card
11 Act;
12 (4) an affirmation that the applicant is not
13 prohibited under State or federal law from possessing or
14 receiving a firearm possesses a currently valid Firearm
15 Owner's Identification Card and card number if possessed
16 or notice the applicant is applying for a Firearm Owner's
17 Identification Card in conjunction with the license
18 application;
19 (5) an affirmation that the applicant has not been
20 convicted or found guilty of:
21 (A) a felony;
22 (B) a misdemeanor involving the use or threat of
23 physical force or violence to any person within the 5
24 years preceding the date of the application; or
25 (C) 2 or more violations related to driving while
26 under the influence of alcohol, other drug or drugs,

HB4376- 99 -LRB102 21797 RLC 30917 b
1 intoxicating compound or compounds, or any combination
2 thereof, within the 5 years preceding the date of the
3 license application; and
4 (6) whether the applicant has failed a drug test for a
5 drug for which the applicant did not have a prescription,
6 within the previous year, and if so, the provider of the
7 test, the specific substance involved, and the date of the
8 test;
9 (7) written consent for the Illinois State Police to
10 review and use the applicant's Illinois digital driver's
11 license or Illinois identification card photograph and
12 signature;
13 (8) a unless submitted under subsection (a-25) of
14 Section 4 of the Firearm Owners Identification Card Act, a
15 full set of fingerprints submitted to the Illinois State
16 Police in electronic format, provided the Illinois State
17 Police may accept an application submitted without a set
18 of fingerprints, in which case the Illinois State Police
19 shall be granted 30 days in addition to the 90 days
20 provided under subsection (e) of Section 10 of this Act to
21 issue or deny a license;
22 (9) a head and shoulder color photograph in a size
23 specified by the Illinois State Police taken within the 30
24 days preceding the date of the license application; and
25 (10) a photocopy of any certificates or other evidence
26 of compliance with the training requirements under this

HB4376- 100 -LRB102 21797 RLC 30917 b
1 Act.
2(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
3revised 10-12-21.)
4 (430 ILCS 66/40)
5 Sec. 40. Non-resident license applications.
6 (a) For the purposes of this Section, "non-resident" means
7a person who has not resided within this State for more than 30
8days and resides in another state or territory.
9 (b) The Illinois State Police shall by rule allow for
10non-resident license applications from any state or territory
11of the United States with laws related to firearm ownership,
12possession, and carrying, that are substantially similar to
13the requirements to obtain a license under this Act.
14 (c) A resident of a state or territory approved by the
15Illinois State Police under subsection (b) of this Section may
16apply for a non-resident license. The applicant shall apply to
17the Illinois State Police and must meet all of the
18qualifications established in Section 25 of this Act, except
19for the Illinois residency requirement in item (xiv) of
20paragraph (2) of subsection (a) of Section 4 of the Firearm
21Owners Identification Card Act. The applicant shall submit:
22 (1) the application and documentation required under
23 Section 30 of this Act and the applicable fee;
24 (2) a notarized document stating that the applicant:
25 (A) is eligible under federal law and the laws of

HB4376- 101 -LRB102 21797 RLC 30917 b
1 his or her state or territory of residence to own or
2 possess a firearm;
3 (B) if applicable, has a license or permit to
4 carry a firearm or concealed firearm issued by his or
5 her state or territory of residence and attach a copy
6 of the license or permit to the application;
7 (C) understands Illinois laws pertaining to the
8 possession and transport of firearms; and
9 (D) acknowledges that the applicant is subject to
10 the jurisdiction of the Illinois State Police and
11 Illinois courts for any violation of this Act;
12 (3) a photocopy of any certificates or other evidence
13 of compliance with the training requirements under Section
14 75 of this Act; and
15 (4) a head and shoulder color photograph in a size
16 specified by the Illinois State Police taken within the 30
17 days preceding the date of the application.
18 (d) In lieu of an Illinois driver's license or Illinois
19identification card, a non-resident applicant shall provide
20similar documentation from his or her state or territory of
21residence. The applicant shall submit In lieu of a valid
22Firearm Owner's Identification Card, the applicant shall
23submit documentation and information required by the Illinois
24State Police to obtain a Firearm Owner's Identification Card,
25including an affidavit that the non-resident meets the mental
26health standards to obtain a firearm under Illinois law, and

HB4376- 102 -LRB102 21797 RLC 30917 b
1the Illinois State Police shall ensure that the applicant
2would meet the eligibility criteria under State law to possess
3a firearm to obtain a Firearm Owner's Identification card if
4he or she was a resident of this State.
5 (e) Nothing in this Act shall prohibit a non-resident from
6transporting a concealed firearm within his or her vehicle in
7Illinois, if the concealed firearm remains within his or her
8vehicle and the non-resident:
9 (1) is not prohibited from owning or possessing a
10 firearm under federal law;
11 (2) is eligible to carry a firearm in public under the
12 laws of his or her state or territory of residence, as
13 evidenced by the possession of a concealed carry license
14 or permit issued by his or her state of residence, if
15 applicable; and
16 (3) is not in possession of a license under this Act.
17 If the non-resident leaves his or her vehicle unattended,
18he or she shall store the firearm within a locked vehicle or
19locked container within the vehicle in accordance with
20subsection (b) of Section 65 of this Act.
21(Source: P.A. 102-538, eff. 8-20-21.)
22 (430 ILCS 66/66)
23 (This Section may contain text from a Public Act with a
24delayed effective date)
25 Sec. 66. Illinois State Police to monitor databases for

HB4376- 103 -LRB102 21797 RLC 30917 b
1firearms prohibitors. The Illinois State Police shall
2continuously monitor relevant State and federal databases for
3firearms prohibitors and correlate those records with
4concealed carry license holders to ensure compliance with this
5Act and any other State and federal laws. As used in this
6Section, "firearms prohibitor" means any factor listed in
7Section 8 or Section 8.2 of the Firearm Owners Identification
8Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012
9that prohibits a person from transferring or possessing a
10firearm, firearm ammunition, Firearm Owner's Identification
11Card, or concealed carry license.
12(Source: P.A. 102-237, eff. 1-1-22.)
13 (430 ILCS 66/70)
14 Sec. 70. Violations.
15 (a) A license issued or renewed under this Act shall be
16revoked if, at any time, the licensee is found to be ineligible
17for a license under this Act or the licensee is prohibited from
18possessing a firearm under State or federal law no longer
19meets the eligibility requirements of the Firearm Owners
20Identification Card Act.
21 (b) A license shall be suspended if an order of
22protection, including an emergency order of protection,
23plenary order of protection, or interim order of protection
24under Article 112A of the Code of Criminal Procedure of 1963 or
25under the Illinois Domestic Violence Act of 1986, or if a

HB4376- 104 -LRB102 21797 RLC 30917 b
1firearms restraining order, including an emergency firearms
2restraining order, under the Firearms Restraining Order Act,
3is issued against a licensee for the duration of the order, or
4if the Illinois State Police is made aware of a similar order
5issued against the licensee in any other jurisdiction. If an
6order of protection is issued against a licensee, the licensee
7shall surrender the license, as applicable, to the court at
8the time the order is entered or to the law enforcement agency
9or entity serving process at the time the licensee is served
10the order. The court, law enforcement agency, or entity
11responsible for serving the order of protection shall notify
12the Illinois State Police within 7 days and transmit the
13license to the Illinois State Police.
14 (c) A license is invalid upon expiration of the license,
15unless the licensee has submitted an application to renew the
16license, and the applicant is otherwise eligible to possess a
17license under this Act.
18 (d) A licensee shall not carry a concealed firearm while
19under the influence of alcohol, other drug or drugs,
20intoxicating compound or combination of compounds, or any
21combination thereof, under the standards set forth in
22subsection (a) of Section 11-501 of the Illinois Vehicle Code.
23 A licensee in violation of this subsection (d) shall be
24guilty of a Class A misdemeanor for a first or second violation
25and a Class 4 felony for a third violation. The Illinois State
26Police may suspend a license for up to 6 months for a second

HB4376- 105 -LRB102 21797 RLC 30917 b
1violation and shall permanently revoke a license for a third
2violation.
3 (e) Except as otherwise provided, a licensee in violation
4of this Act shall be guilty of a Class B misdemeanor. A second
5or subsequent violation is a Class A misdemeanor. The Illinois
6State Police may suspend a license for up to 6 months for a
7second violation and shall permanently revoke a license for 3
8or more violations of Section 65 of this Act. Any person
9convicted of a violation under this Section shall pay a $150
10fee to be deposited into the Mental Health Reporting Fund,
11plus any applicable court costs or fees.
12 (f) A licensee convicted or found guilty of a violation of
13this Act who has a valid license and is otherwise eligible to
14carry a concealed firearm shall only be subject to the
15penalties under this Section and shall not be subject to the
16penalties under Section 21-6, paragraph (4), (8), or (10) of
17subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
18of paragraph (3) of subsection (a) of Section 24-1.6 of the
19Criminal Code of 2012. Except as otherwise provided in this
20subsection, nothing in this subsection prohibits the licensee
21from being subjected to penalties for violations other than
22those specified in this Act.
23 (g) A licensee whose license is revoked, suspended, or
24denied shall, within 48 hours of receiving notice of the
25revocation, suspension, or denial, surrender his or her
26concealed carry license to the local law enforcement agency

HB4376- 106 -LRB102 21797 RLC 30917 b
1where the person resides. The local law enforcement agency
2shall provide the licensee a receipt and transmit the
3concealed carry license to the Illinois State Police. If the
4licensee whose concealed carry license has been revoked,
5suspended, or denied fails to comply with the requirements of
6this subsection, the law enforcement agency where the person
7resides may petition the circuit court to issue a warrant to
8search for and seize the concealed carry license in the
9possession and under the custody or control of the licensee
10whose concealed carry license has been revoked, suspended, or
11denied. The observation of a concealed carry license in the
12possession of a person whose license has been revoked,
13suspended, or denied constitutes a sufficient basis for the
14arrest of that person for violation of this subsection. A
15violation of this subsection is a Class A misdemeanor.
16 (h) (Blank). Except as otherwise provided in subsection
17(h-5), a license issued or renewed under this Act shall be
18revoked if, at any time, the licensee is found ineligible for a
19Firearm Owner's Identification Card, or the licensee no longer
20possesses a valid Firearm Owner's Identification Card. If the
21Firearm Owner's Identification Card is expired or suspended
22rather than denied or revoked, the license may be suspended
23for a period of up to one year to allow the licensee to
24reinstate his or her Firearm Owner's Identification Card. The
25Illinois State Police shall adopt rules to enforce this
26subsection. A licensee whose license is revoked under this

HB4376- 107 -LRB102 21797 RLC 30917 b
1subsection (h) shall surrender his or her concealed carry
2license as provided for in subsection (g) of this Section.
3 This subsection shall not apply to a person who has filed
4an application with the Illinois State Police for renewal of a
5Firearm Owner's Identification Card and who is not otherwise
6ineligible to obtain a Firearm Owner's Identification Card.
7 (h-5) (Blank). If the Firearm Owner's Identification Card
8of a licensee under this Act expires during the term of the
9license issued under this Act, the license and the Firearm
10Owner's Identification Card remain valid, and the Illinois
11State Police may automatically renew the licensee's Firearm
12Owner's Identification Card as provided in subsection (c) of
13Section 5 of the Firearm Owners Identification Card Act.
14 (i) A certified firearms instructor who knowingly provides
15or offers to provide a false certification that an applicant
16has completed firearms training as required under this Act is
17guilty of a Class A misdemeanor. A person guilty of a violation
18of this subsection (i) is not eligible for court supervision.
19The Illinois State Police shall permanently revoke the
20firearms instructor certification of a person convicted under
21this subsection (i).
22(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
23revised 10-15-21.)
24 (430 ILCS 66/80)
25 Sec. 80. Certified firearms instructors.

HB4376- 108 -LRB102 21797 RLC 30917 b
1 (a) Within 60 days of the effective date of this Act, the
2Illinois State Police shall begin approval of certified
3firearms instructors and enter certified firearms instructors
4into an online registry on the Illinois State Police's
5website.
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
18 (xiv) of paragraph (2) of subsection (a) of Section 4 of
19 the Firearm Owners Identification Card Act; and any
20 additional uniformly applied requirements established by
21 the Illinois State Police.
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

HB4376- 109 -LRB102 21797 RLC 30917 b
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 Illinois State Police that offers firearm instructor
11 education and training in the use and safety of
12 firearms.
13 (e) A person may have his or her firearms instructor
14certification denied or revoked if he or she does not meet the
15requirements to obtain a license under this Act, provides
16false or misleading information to the Illinois State Police,
17or has had a prior instructor certification revoked or denied
18by the Illinois State Police.
19(Source: P.A. 102-538, eff. 8-20-21.)
20 (430 ILCS 66/105)
21 Sec. 105. Duty of school administrator. It is the duty of
22the principal of a public elementary or secondary school, or
23his or her designee, and the chief administrative officer of a
24private elementary or secondary school or a public or private
25community college, college, or university, or his or her

HB4376- 110 -LRB102 21797 RLC 30917 b
1designee, to report to the Illinois State Police when a
2student is determined to pose a clear and present danger to
3himself, herself, or to others, within 24 hours of the
4determination as provided in Section 6-103.3 of the Mental
5Health and Developmental Disabilities Code. "Clear and present
6danger" has the meaning as provided in paragraph (2) of the
7definition of "clear and present danger" in Section 6-103.3 of
8the Mental Health and Developmental Disabilities Code 1.1 of
9the Firearm Owners Identification Card Act.
10(Source: P.A. 102-538, eff. 8-20-21.)
11 Section 66. The Firearms Restraining Order Act is amended
12by changing Sections 35 and 40 as follows:
13 (430 ILCS 67/35)
14 (Text of Section before amendment by P.A. 102-345)
15 Sec. 35. Ex parte orders and emergency hearings.
16 (a) A petitioner may request an emergency firearms
17restraining order by filing an affidavit or verified pleading
18alleging that the respondent poses an immediate and present
19danger of causing personal injury to himself, herself, or
20another by having in his or her custody or control,
21purchasing, possessing, or receiving a firearm. The petition
22shall also describe the type and location of any firearm or
23firearms presently believed by the petitioner to be possessed
24or controlled by the respondent.

HB4376- 111 -LRB102 21797 RLC 30917 b
1 (b) If the respondent is alleged to pose an immediate and
2present danger of causing personal injury to an intimate
3partner, or an intimate partner is alleged to have been the
4target of a threat or act of violence by the respondent, the
5petitioner shall make a good faith effort to provide notice to
6any and all intimate partners of the respondent. The notice
7must include that the petitioner intends to petition the court
8for an emergency firearms restraining order, and, if the
9petitioner is a law enforcement officer, referral to relevant
10domestic violence or stalking advocacy or counseling
11resources, if appropriate. The petitioner shall attest to
12having provided the notice in the filed affidavit or verified
13pleading. If, after making a good faith effort, the petitioner
14is unable to provide notice to any or all intimate partners,
15the affidavit or verified pleading should describe what
16efforts were made.
17 (c) Every person who files a petition for an emergency
18firearms restraining order, knowing the information provided
19to the court at any hearing or in the affidavit or verified
20pleading to be false, is guilty of perjury under Section 32-2
21of the Criminal Code of 2012.
22 (d) An emergency firearms restraining order shall be
23issued on an ex parte basis, that is, without notice to the
24respondent.
25 (e) An emergency hearing held on an ex parte basis shall be
26held the same day that the petition is filed or the next day

HB4376- 112 -LRB102 21797 RLC 30917 b
1that the court is in session.
2 (f) If a circuit or associate judge finds probable cause
3to believe that the respondent poses an immediate and present
4danger of causing personal injury to himself, herself, or
5another by having in his or her custody or control,
6purchasing, possessing, or receiving a firearm, the circuit or
7associate judge shall issue an emergency order.
8 (f-5) If the court issues an emergency firearms
9restraining order, it shall, upon a finding of probable cause
10that the respondent possesses firearms, issue a search warrant
11directing a law enforcement agency to seize the respondent's
12firearms. The court may, as part of that warrant, direct the
13law enforcement agency to search the respondent's residence
14and other places where the court finds there is probable cause
15to believe he or she is likely to possess the firearms.
16 (g) An emergency firearms restraining order shall require:
17 (1) the respondent to refrain from having in his or
18 her custody or control, purchasing, possessing, or
19 receiving additional firearms for the duration of the
20 order under Section 8.2 of the Firearm Owners
21 Identification Card Act; and
22 (2) the respondent to comply with Section 9.5 of the
23 Firearm Owners Identification Card Act and subsection (g)
24 of Section 70 of the Firearm Concealed Carry Act Illinois.
25 (h) Except as otherwise provided in subsection (h-5) of
26this Section, upon expiration of the period of safekeeping, if

HB4376- 113 -LRB102 21797 RLC 30917 b
1the firearms or Firearm Owner's Identification Card and
2concealed carry license cannot be returned to the respondent
3because the respondent cannot be located, fails to respond to
4requests to retrieve the firearms, or is not lawfully eligible
5to possess a firearm, upon petition from the local law
6enforcement agency, the court may order the local law
7enforcement agency to destroy the firearms, use the firearms
8for training purposes, or use the firearms for any other
9application as deemed appropriate by the local law enforcement
10agency.
11 (h-5) On or before January 1, 2022, a respondent whose
12firearms have been turned over to a local law enforcement
13agency Firearm Owner's Identification Card has been revoked or
14suspended may petition the court, if the petitioner is present
15in court or has notice of the respondent's petition, to
16transfer the respondent's firearm to a person who is lawfully
17able to possess the firearm if the person does not reside at
18the same address as the respondent. Notice of the petition
19shall be served upon the person protected by the emergency
20firearms restraining order. While the order is in effect, the
21transferee who receives the respondent's firearms must swear
22or affirm by affidavit that he or she shall not transfer the
23firearm to the respondent or to anyone residing in the same
24residence as the respondent.
25 (h-6) If a person other than the respondent claims title
26to any firearms surrendered under this Section, he or she may

HB4376- 114 -LRB102 21797 RLC 30917 b
1petition the court, if the petitioner is present in court or
2has notice of the petition, to have the firearm returned to him
3or her. If the court determines that person to be the lawful
4owner of the firearm, the firearm shall be returned to him or
5her, provided that:
6 (1) the firearm is removed from the respondent's
7 custody, control, or possession and the lawful owner
8 agrees to store the firearm in a manner such that the
9 respondent does not have access to or control of the
10 firearm; and
11 (2) the firearm is not otherwise unlawfully possessed
12 by the owner.
13 The person petitioning for the return of his or her
14firearm must swear or affirm by affidavit that he or she: (i)
15is the lawful owner of the firearm; (ii) shall not transfer the
16firearm to the respondent; and (iii) will store the firearm in
17a manner that the respondent does not have access to or control
18of the firearm.
19 (i) In accordance with subsection (e) of this Section, the
20court shall schedule a full hearing as soon as possible, but no
21longer than 14 days from the issuance of an ex parte firearms
22restraining order, to determine if a 6-month firearms
23restraining order shall be issued. The court may extend an ex
24parte order as needed, but not to exceed 14 days, to effectuate
25service of the order or if necessary to continue protection.
26The court may extend the order for a greater length of time by

HB4376- 115 -LRB102 21797 RLC 30917 b
1mutual agreement of the parties.
2(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
3102-538, eff. 8-20-21; revised 11-9-21.)
4 (Text of Section after amendment by P.A. 102-345)
5 Sec. 35. Ex parte orders and emergency hearings.
6 (a) A petitioner may request an emergency firearms
7restraining order by filing an affidavit or verified pleading
8alleging that the respondent poses an immediate and present
9danger of causing personal injury to himself, herself, or
10another by having in his or her custody or control,
11purchasing, possessing, or receiving a firearm, ammunition, or
12firearm parts that could be assembled to make an operable
13firearm. The petition shall also describe the type and
14location of any firearm or firearms, ammunition, or firearm
15parts that could be assembled to make an operable firearm
16presently believed by the petitioner to be possessed or
17controlled by the respondent.
18 (b) If the respondent is alleged to pose an immediate and
19present danger of causing personal injury to an intimate
20partner, or an intimate partner is alleged to have been the
21target of a threat or act of violence by the respondent, the
22petitioner shall make a good faith effort to provide notice to
23any and all intimate partners of the respondent. The notice
24must include that the petitioner intends to petition the court
25for an emergency firearms restraining order, and, if the

HB4376- 116 -LRB102 21797 RLC 30917 b
1petitioner is a law enforcement officer, referral to relevant
2domestic violence or stalking advocacy or counseling
3resources, if appropriate. The petitioner shall attest to
4having provided the notice in the filed affidavit or verified
5pleading. If, after making a good faith effort, the petitioner
6is unable to provide notice to any or all intimate partners,
7the affidavit or verified pleading should describe what
8efforts were made.
9 (c) Every person who files a petition for an emergency
10firearms restraining order, knowing the information provided
11to the court at any hearing or in the affidavit or verified
12pleading to be false, is guilty of perjury under Section 32-2
13of the Criminal Code of 2012.
14 (d) An emergency firearms restraining order shall be
15issued on an ex parte basis, that is, without notice to the
16respondent.
17 (e) An emergency hearing held on an ex parte basis shall be
18held the same day that the petition is filed or the next day
19that the court is in session.
20 (f) If a circuit or associate judge finds probable cause
21to believe that the respondent poses an immediate and present
22danger of causing personal injury to himself, herself, or
23another by having in his or her custody or control,
24purchasing, possessing, or receiving a firearm, ammunition, or
25firearm parts that could be assembled to make an operable
26firearm, the circuit or associate judge shall issue an

HB4376- 117 -LRB102 21797 RLC 30917 b
1emergency order.
2 (f-5) If the court issues an emergency firearms
3restraining order, it shall, upon a finding of probable cause
4that the respondent possesses firearms, ammunition, or firearm
5parts that could be assembled to make an operable firearm,
6issue a search warrant directing a law enforcement agency to
7seize the respondent's firearms, ammunition, and firearm parts
8that could be assembled to make an operable firearm. The court
9may, as part of that warrant, direct the law enforcement
10agency to search the respondent's residence and other places
11where the court finds there is probable cause to believe he or
12she is likely to possess the firearms, ammunition, or firearm
13parts that could be assembled to make an operable firearm. A
14return of the search warrant shall be filed by the law
15enforcement agency within 4 days thereafter, setting forth the
16time, date, and location that the search warrant was executed
17and what items, if any, were seized.
18 (g) An emergency firearms restraining order shall require:
19 (1) the respondent to refrain from having in his or
20 her custody or control, purchasing, possessing, or
21 receiving additional firearms, ammunition, or firearm
22 parts that could be assembled to make an operable firearm,
23 or removing firearm parts that could be assembled to make
24 an operable firearm for the duration of the order under
25 Section 8.2 of the Firearm Owners Identification Card Act;
26 and

HB4376- 118 -LRB102 21797 RLC 30917 b
1 (2) the respondent to comply with Section 9.5 of the
2 Firearm Owners Identification Card Act and subsection (g)
3 of Section 70 of the Firearm Concealed Carry Act Illinois,
4 ammunition, and firearm parts that could be assembled to
5 make an operable firearm.
6 (h) Except as otherwise provided in subsection (h-5) of
7this Section, upon expiration of the period of safekeeping, if
8the firearms, ammunition, and firearm parts that could be
9assembled to make an operable firearm or Firearm Owner's
10Identification Card and concealed carry license cannot be
11returned to the respondent because the respondent cannot be
12located, fails to respond to requests to retrieve the
13firearms, or is not lawfully eligible to possess a firearm,
14ammunition, or firearm parts that could be assembled to make
15an operable firearm, upon petition from the local law
16enforcement agency, the court may order the local law
17enforcement agency to destroy the firearms, ammunition, and
18firearm parts that could be assembled to make an operable
19firearm, use the firearms, ammunition, and firearm parts that
20could be assembled to make an operable firearm for training
21purposes, or use the firearms, ammunition, and firearm parts
22that could be assembled to make an operable firearm for any
23other application as deemed appropriate by the local law
24enforcement agency.
25 (h-5) On or before January 1, 2022, a respondent whose
26firearms have been turned over to a local law enforcement

HB4376- 119 -LRB102 21797 RLC 30917 b
1agency Firearm Owner's Identification Card has been revoked or
2suspended may petition the court, if the petitioner is present
3in court or has notice of the respondent's petition, to
4transfer the respondent's firearm, ammunition, and firearm
5parts that could be assembled to make an operable firearm to a
6person who is lawfully able to possess the firearm,
7ammunition, and firearm parts that could be assembled to make
8an operable firearm if the person does not reside at the same
9address as the respondent. Notice of the petition shall be
10served upon the person protected by the emergency firearms
11restraining order. While the order is in effect, the
12transferee who receives the respondent's firearms, ammunition,
13and firearm parts that could be assembled to make an operable
14firearm must swear or affirm by affidavit that he or she shall
15not transfer the firearm, ammunition, and firearm parts that
16could be assembled to make an operable firearm to the
17respondent or to anyone residing in the same residence as the
18respondent.
19 (h-6) If a person other than the respondent claims title
20to any firearms, ammunition, and firearm parts that could be
21assembled to make an operable firearm surrendered under this
22Section, he or she may petition the court, if the petitioner is
23present in court or has notice of the petition, to have the
24firearm, ammunition, and firearm parts that could be assembled
25to make an operable firearm returned to him or her. If the
26court determines that person to be the lawful owner of the

HB4376- 120 -LRB102 21797 RLC 30917 b
1firearm, ammunition, and firearm parts that could be assembled
2to make an operable firearm, the firearm, ammunition, and
3firearm parts that could be assembled to make an operable
4firearm shall be returned to him or her, provided that:
5 (1) the firearm, ammunition, and firearm parts that
6 could be assembled to make an operable firearm are removed
7 from the respondent's custody, control, or possession and
8 the lawful owner agrees to store the firearm, ammunition,
9 and firearm parts that could be assembled to make an
10 operable firearm in a manner such that the respondent does
11 not have access to or control of the firearm, ammunition,
12 and firearm parts that could be assembled to make an
13 operable firearm; and
14 (2) the firearm, ammunition, and firearm parts that
15 could be assembled to make an operable firearm are not
16 otherwise unlawfully possessed by the owner.
17 The person petitioning for the return of his or her
18firearm, ammunition, and firearm parts that could be assembled
19to make an operable firearm must swear or affirm by affidavit
20that he or she: (i) is the lawful owner of the firearm,
21ammunition, and firearm parts that could be assembled to make
22an operable firearm; (ii) shall not transfer the firearm,
23ammunition, and firearm parts that could be assembled to make
24an operable firearm to the respondent; and (iii) will store
25the firearm, ammunition, and firearm parts that could be
26assembled to make an operable firearm in a manner that the

HB4376- 121 -LRB102 21797 RLC 30917 b
1respondent does not have access to or control of the firearm,
2ammunition, and firearm parts that could be assembled to make
3an operable firearm.
4 (i) In accordance with subsection (e) of this Section, the
5court shall schedule a full hearing as soon as possible, but no
6longer than 14 days from the issuance of an ex parte firearms
7restraining order, to determine if a 6-month firearms
8restraining order shall be issued. The court may extend an ex
9parte order as needed, but not to exceed 14 days, to effectuate
10service of the order or if necessary to continue protection.
11The court may extend the order for a greater length of time by
12mutual agreement of the parties.
13(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
14102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-9-21.)
15 (430 ILCS 67/40)
16 (Text of Section before amendment by P.A. 102-237)
17 Sec. 40. Six-month orders.
18 (a) A petitioner may request a 6-month firearms
19restraining order by filing an affidavit or verified pleading
20alleging that the respondent poses a significant danger of
21causing personal injury to himself, herself, or another in the
22near future by having in his or her custody or control,
23purchasing, possessing, or receiving a firearm. The petition
24shall also describe the number, types, and locations of any
25firearms presently believed by the petitioner to be possessed

HB4376- 122 -LRB102 21797 RLC 30917 b
1or controlled by the respondent.
2 (b) If the respondent is alleged to pose a significant
3danger of causing personal injury to an intimate partner, or
4an intimate partner is alleged to have been the target of a
5threat or act of violence by the respondent, the petitioner
6shall make a good faith effort to provide notice to any and all
7intimate partners of the respondent. The notice must include
8that the petitioner intends to petition the court for a
96-month firearms restraining order, and, if the petitioner is
10a law enforcement officer, referral to relevant domestic
11violence or stalking advocacy or counseling resources, if
12appropriate. The petitioner shall attest to having provided
13the notice in the filed affidavit or verified pleading. If,
14after making a good faith effort, the petitioner is unable to
15provide notice to any or all intimate partners, the affidavit
16or verified pleading should describe what efforts were made.
17 (c) Every person who files a petition for a 6-month
18firearms restraining order, knowing the information provided
19to the court at any hearing or in the affidavit or verified
20pleading to be false, is guilty of perjury under Section 32-2
21of the Criminal Code of 2012.
22 (d) Upon receipt of a petition for a 6-month firearms
23restraining order, the court shall order a hearing within 30
24days.
25 (e) In determining whether to issue a firearms restraining
26order under this Section, the court shall consider evidence

HB4376- 123 -LRB102 21797 RLC 30917 b
1including, but not limited to, the following:
2 (1) The unlawful and reckless use, display, or
3 brandishing of a firearm by the respondent.
4 (2) The history of use, attempted use, or threatened
5 use of physical force by the respondent against another
6 person.
7 (3) Any prior arrest of the respondent for a felony
8 offense.
9 (4) Evidence of the abuse of controlled substances or
10 alcohol by the respondent.
11 (5) A recent threat of violence or act of violence by
12 the respondent directed toward himself, herself, or
13 another.
14 (6) A violation of an emergency order of protection
15 issued under Section 217 of the Illinois Domestic Violence
16 Act of 1986 or Section 112A-17 of the Code of Criminal
17 Procedure of 1963 or of an order of protection issued
18 under Section 214 of the Illinois Domestic Violence Act of
19 1986 or Section 112A-14 of the Code of Criminal Procedure
20 of 1963.
21 (7) A pattern of violent acts or violent threats,
22 including, but not limited to, threats of violence or acts
23 of violence by the respondent directed toward himself,
24 herself, or another.
25 (f) At the hearing, the petitioner shall have the burden
26of proving, by clear and convincing evidence, that the

HB4376- 124 -LRB102 21797 RLC 30917 b
1respondent poses a significant danger of personal injury to
2himself, herself, or another by having in his or her custody or
3control, purchasing, possessing, or receiving a firearm.
4 (g) If the court finds that there is clear and convincing
5evidence to issue a firearms restraining order, the court
6shall issue a firearms restraining order that shall be in
7effect for 6 months subject to renewal under Section 45 of this
8Act or termination under that Section.
9 (g-5) If the court issues a 6-month firearms restraining
10order, it shall, upon a finding of probable cause that the
11respondent possesses firearms, issue a search warrant
12directing a law enforcement agency to seize the respondent's
13firearms. The court may, as part of that warrant, direct the
14law enforcement agency to search the respondent's residence
15and other places where the court finds there is probable cause
16to believe he or she is likely to possess the firearms.
17 (h) A 6-month firearms restraining order shall require:
18 (1) the respondent to refrain from having in his or
19 her custody or control, purchasing, possessing, or
20 receiving additional firearms for the duration of the
21 order under Section 8.2 of the Firearm Owners
22 Identification Card Act; and
23 (2) the respondent to comply with Section 9.5 of the
24 Firearm Owners Identification Card Act and subsection (g)
25 of Section 70 of the Firearm Concealed Carry Act. Illinois
26 (i) Except as otherwise provided in subsection (i-5) of

HB4376- 125 -LRB102 21797 RLC 30917 b
1this Section, upon expiration of the period of safekeeping, if
2the firearms or Firearm Owner's Identification Card cannot be
3returned to the respondent because the respondent cannot be
4located, fails to respond to requests to retrieve the
5firearms, or is not lawfully eligible to possess a firearm,
6upon petition from the local law enforcement agency, the court
7may order the local law enforcement agency to destroy the
8firearms, use the firearms for training purposes, or use the
9firearms for any other application as deemed appropriate by
10the local law enforcement agency.
11 (i-5) A respondent whose firearms have been turned over to
12a local law enforcement agency Firearm Owner's Identification
13Card has been revoked or suspended may petition the court, if
14the petitioner is present in court or has notice of the
15respondent's petition, to transfer the respondent's firearm to
16a person who is lawfully able to possess the firearm if the
17person does not reside at the same address as the respondent.
18Notice of the petition shall be served upon the person
19protected by the emergency firearms restraining order. While
20the order is in effect, the transferee who receives the
21respondent's firearms must swear or affirm by affidavit that
22he or she shall not transfer the firearm to the respondent or
23to anyone residing in the same residence as the respondent.
24 (i-6) If a person other than the respondent claims title
25to any firearms surrendered under this Section, he or she may
26petition the court, if the petitioner is present in court or

HB4376- 126 -LRB102 21797 RLC 30917 b
1has notice of the petition, to have the firearm returned to him
2or her. If the court determines that person to be the lawful
3owner of the firearm, the firearm shall be returned to him or
4her, provided that:
5 (1) the firearm is removed from the respondent's
6 custody, control, or possession and the lawful owner
7 agrees to store the firearm in a manner such that the
8 respondent does not have access to or control of the
9 firearm; and
10 (2) the firearm is not otherwise unlawfully possessed
11 by the owner.
12 The person petitioning for the return of his or her
13firearm must swear or affirm by affidavit that he or she: (i)
14is the lawful owner of the firearm; (ii) shall not transfer the
15firearm to the respondent; and (iii) will store the firearm in
16a manner that the respondent does not have access to or control
17of the firearm.
18 (j) If the court does not issue a firearms restraining
19order at the hearing, the court shall dissolve any emergency
20firearms restraining order then in effect.
21 (k) When the court issues a firearms restraining order
22under this Section, the court shall inform the respondent that
23he or she is entitled to one hearing during the period of the
24order to request a termination of the order, under Section 45
25of this Act, and shall provide the respondent with a form to
26request a hearing.

HB4376- 127 -LRB102 21797 RLC 30917 b
1(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
2102-538, eff. 8-20-21; revised 11-3-21.)
3 (Text of Section after amendment by P.A. 102-345)
4 Sec. 40. Six-month orders.
5 (a) A petitioner may request a 6-month firearms
6restraining order by filing an affidavit or verified pleading
7alleging that the respondent poses a significant danger of
8causing personal injury to himself, herself, or another in the
9near future by having in his or her custody or control,
10purchasing, possessing, or receiving a firearm, ammunition,
11and firearm parts that could be assembled to make an operable
12firearm. The petition shall also describe the number, types,
13and locations of any firearms, ammunition, and firearm parts
14that could be assembled to make an operable firearm presently
15believed by the petitioner to be possessed or controlled by
16the respondent.
17 (b) If the respondent is alleged to pose a significant
18danger of causing personal injury to an intimate partner, or
19an intimate partner is alleged to have been the target of a
20threat or act of violence by the respondent, the petitioner
21shall make a good faith effort to provide notice to any and all
22intimate partners of the respondent. The notice must include
23that the petitioner intends to petition the court for a
246-month firearms restraining order, and, if the petitioner is
25a law enforcement officer, referral to relevant domestic

HB4376- 128 -LRB102 21797 RLC 30917 b
1violence or stalking advocacy or counseling resources, if
2appropriate. The petitioner shall attest to having provided
3the notice in the filed affidavit or verified pleading. If,
4after making a good faith effort, the petitioner is unable to
5provide notice to any or all intimate partners, the affidavit
6or verified pleading should describe what efforts were made.
7 (c) Every person who files a petition for a 6-month
8firearms restraining order, knowing the information provided
9to the court at any hearing or in the affidavit or verified
10pleading to be false, is guilty of perjury under Section 32-2
11of the Criminal Code of 2012.
12 (d) Upon receipt of a petition for a 6-month firearms
13restraining order, the court shall order a hearing within 30
14days.
15 (e) In determining whether to issue a firearms restraining
16order under this Section, the court shall consider evidence
17including, but not limited to, the following:
18 (1) The unlawful and reckless use, display, or
19 brandishing of a firearm, ammunition, and firearm parts
20 that could be assembled to make an operable firearm by the
21 respondent.
22 (2) The history of use, attempted use, or threatened
23 use of physical force by the respondent against another
24 person.
25 (3) Any prior arrest of the respondent for a felony
26 offense.

HB4376- 129 -LRB102 21797 RLC 30917 b
1 (4) Evidence of the abuse of controlled substances or
2 alcohol by the respondent.
3 (5) A recent threat of violence or act of violence by
4 the respondent directed toward himself, herself, or
5 another.
6 (6) A violation of an emergency order of protection
7 issued under Section 217 of the Illinois Domestic Violence
8 Act of 1986 or Section 112A-17 of the Code of Criminal
9 Procedure of 1963 or of an order of protection issued
10 under Section 214 of the Illinois Domestic Violence Act of
11 1986 or Section 112A-14 of the Code of Criminal Procedure
12 of 1963.
13 (7) A pattern of violent acts or violent threats,
14 including, but not limited to, threats of violence or acts
15 of violence by the respondent directed toward himself,
16 herself, or another.
17 (f) At the hearing, the petitioner shall have the burden
18of proving, by clear and convincing evidence, that the
19respondent poses a significant danger of personal injury to
20himself, herself, or another by having in his or her custody or
21control, purchasing, possessing, or receiving a firearm,
22ammunition, and firearm parts that could be assembled to make
23an operable firearm.
24 (g) If the court finds that there is clear and convincing
25evidence to issue a firearms restraining order, the court
26shall issue a firearms restraining order that shall be in

HB4376- 130 -LRB102 21797 RLC 30917 b
1effect for 6 months subject to renewal under Section 45 of this
2Act or termination under that Section.
3 (g-5) If the court issues a 6-month firearms restraining
4order, it shall, upon a finding of probable cause that the
5respondent possesses firearms, ammunition, and firearm parts
6that could be assembled to make an operable firearm, issue a
7search warrant directing a law enforcement agency to seize the
8respondent's firearms, ammunition, and firearm parts that
9could be assembled to make an operable firearm. The court may,
10as part of that warrant, direct the law enforcement agency to
11search the respondent's residence and other places where the
12court finds there is probable cause to believe he or she is
13likely to possess the firearms, ammunition, and firearm parts
14that could be assembled to make an operable firearm. A return
15of the search warrant shall be filed by the law enforcement
16agency within 4 days thereafter, setting forth the time, date,
17and location that the search warrant was executed and what
18items, if any, were seized.
19 (h) A 6-month firearms restraining order shall require:
20 (1) the respondent to refrain from having in his or
21 her custody or control, purchasing, possessing, or
22 receiving additional firearms, ammunition, and firearm
23 parts that could be assembled to make an operable firearm
24 for the duration of the order under Section 8.2 of the
25 Firearm Owners Identification Card Act; and
26 (2) the respondent to comply with Section 9.5 of the

HB4376- 131 -LRB102 21797 RLC 30917 b
1 Firearm Owners Identification Card Act and subsection (g)
2 of Section 70 of the Firearm Concealed Carry Act,
3 ammunition, and firearm parts that could be assembled to
4 make an operable firearm. Illinois, ammunition, and
5 firearm parts that could be assembled to make an operable
6 firearm
7 (i) Except as otherwise provided in subsection (i-5) of
8this Section, upon expiration of the period of safekeeping, if
9the firearms, ammunition, and firearm parts that could be
10assembled to make an operable firearm or Firearm Owner's
11Identification Card cannot be returned to the respondent
12because the respondent cannot be located, fails to respond to
13requests to retrieve the firearms, ammunition, and firearm
14parts that could be assembled to make an operable firearm, or
15is not lawfully eligible to possess a firearm, ammunition, and
16firearm parts that could be assembled to make an operable
17firearm, upon petition from the local law enforcement agency,
18the court may order the local law enforcement agency to
19destroy the firearms, ammunition, and firearm parts that could
20be assembled to make an operable firearm, use the firearms,
21ammunition, and firearm parts that could be assembled to make
22an operable firearm for training purposes, or use the
23firearms, ammunition, and firearm parts that could be
24assembled to make an operable firearm for any other
25application as deemed appropriate by the local law enforcement
26agency.

HB4376- 132 -LRB102 21797 RLC 30917 b
1 (i-5) A respondent whose firearms have been turned over to
2a local law enforcement agency Firearm Owner's Identification
3Card has been revoked or suspended may petition the court, if
4the petitioner is present in court or has notice of the
5respondent's petition, to transfer the respondent's firearm,
6ammunition, and firearm parts that could be assembled to make
7an operable firearm to a person who is lawfully able to possess
8the firearm, ammunition, and firearm parts that could be
9assembled to make an operable firearm if the person does not
10reside at the same address as the respondent. Notice of the
11petition shall be served upon the person protected by the
12emergency firearms restraining order. While the order is in
13effect, the transferee who receives the respondent's firearms,
14ammunition, and firearm parts that could be assembled to make
15an operable firearm must swear or affirm by affidavit that he
16or she shall not transfer the firearm, ammunition, and firearm
17parts that could be assembled to make an operable firearm to
18the respondent or to anyone residing in the same residence as
19the respondent.
20 (i-6) If a person other than the respondent claims title
21to any firearms, ammunition, and firearm parts that could be
22assembled to make an operable firearm surrendered under this
23Section, he or she may petition the court, if the petitioner is
24present in court or has notice of the petition, to have the
25firearm, ammunition, and firearm parts that could be assembled
26to make an operable firearm returned to him or her. If the

HB4376- 133 -LRB102 21797 RLC 30917 b
1court determines that person to be the lawful owner of the
2firearm, ammunition, and firearm parts that could be assembled
3to make an operable firearm, the firearm, ammunition, and
4firearm parts that could be assembled to make an operable
5firearm shall be returned to him or her, provided that:
6 (1) the firearm, ammunition, and firearm parts that
7 could be assembled to make an operable firearm are removed
8 from the respondent's custody, control, or possession and
9 the lawful owner agrees to store the firearm, ammunition,
10 and firearm parts that could be assembled to make an
11 operable firearm in a manner such that the respondent does
12 not have access to or control of the firearm, ammunition,
13 and firearm parts that could be assembled to make an
14 operable firearm; and
15 (2) the firearm, ammunition, and firearm parts that
16 could be assembled to make an operable firearm are not
17 otherwise unlawfully possessed by the owner.
18 The person petitioning for the return of his or her
19firearm, ammunition, and firearm parts that could be assembled
20to make an operable firearm must swear or affirm by affidavit
21that he or she: (i) is the lawful owner of the firearm,
22ammunition, and firearm parts that could be assembled to make
23an operable firearm; (ii) shall not transfer the firearm,
24ammunition, and firearm parts that could be assembled to make
25an operable firearm to the respondent; and (iii) will store
26the firearm, ammunition, and firearm parts that could be

HB4376- 134 -LRB102 21797 RLC 30917 b
1assembled to make an operable firearm in a manner that the
2respondent does not have access to or control of the firearm,
3ammunition, and firearm parts that could be assembled to make
4an operable firearm.
5 (j) If the court does not issue a firearms restraining
6order at the hearing, the court shall dissolve any emergency
7firearms restraining order then in effect.
8 (k) When the court issues a firearms restraining order
9under this Section, the court shall inform the respondent that
10he or she is entitled to one hearing during the period of the
11order to request a termination of the order, under Section 45
12of this Act, and shall provide the respondent with a form to
13request a hearing.
14(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
15102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-3-21.)
16 Section 67. The Firearm Dealer License Certification Act
17is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
18follows:
19 (430 ILCS 68/5-20)
20 Sec. 5-20. Additional licensee requirements.
21 (a) A certified licensee shall make a photo copy of a
22buyer's or transferee's valid photo identification card
23whenever a firearm sale transaction takes place. The photo
24copy shall be attached to the documentation detailing the

HB4376- 135 -LRB102 21797 RLC 30917 b
1record of sale.
2 (b) A certified licensee shall post in a conspicuous
3position on the premises where the licensee conducts business
4a sign that contains the following warning in block letters
5not less than one inch in height:
6 "With few exceptions enumerated in the Criminal Code
7 of 2012 Firearm Owners Identification Card Act, it is
8 unlawful for you to:
9 (A) store or leave an unsecured firearm in a place
10 where a child can obtain access to it; or
11 (B) sell or transfer your firearm to someone else
12 without receiving approval for the transfer from the
13 Illinois State Police, or
14 (B) (C) fail to report the loss or theft of your
15 firearm to local law enforcement within 72 hours.".
16This sign shall be created by the Illinois State Police and
17made available for printing or downloading from the Illinois
18State Police's website.
19 (c) No retail location established after the effective
20date of this Act shall be located within 500 feet of any
21school, pre-school, or day care facility in existence at its
22location before the retail location is established as measured
23from the nearest corner of the building holding the retail
24location to the corner of the school, pre-school, or day care
25facility building nearest the retail location at the time the
26retail location seeks licensure.

HB4376- 136 -LRB102 21797 RLC 30917 b
1(Source: P.A. 102-538, eff. 8-20-21.)
2 (430 ILCS 68/5-25)
3 Sec. 5-25. Exemptions. The provisions of this Act related
4to the certification of a license do not apply to a person or
5entity that engages in the following activities:
6 (1) temporary transfers of firearms solely for use at
7 the location or on the premises where the transfer takes
8 place, such as transfers at a shooting range for use at
9 that location;
10 (2) temporary transfers of firearms solely for use
11 while in the presence of the transferor or transfers for
12 the purposes of firearm safety training by a firearms
13 safety training instructor;
14 (3) transfers of firearms among immediate family or
15 household members, as "immediate family or household
16 member" is defined in Section 3-2.7-10 of the Unified Code
17 of Corrections, provided that both the transferor and
18 transferee are not prohibited from possessing a firearm
19 under federal or State law have a currently valid Firearm
20 Owner's Identification Card; however, this paragraph (3)
21 does not limit the familial gift exemption under paragraph
22 (2) of subsection (a-15) of Section 3 of the Firearm
23 Owners Identification Card Act;
24 (4) transfers by persons or entities acting under
25 operation of law or a court order;

HB4376- 137 -LRB102 21797 RLC 30917 b
1 (5) transfers by persons or entities liquidating all
2 or part of a collection. For purposes of this paragraph
3 (5), "collection" means 2 or more firearms which are of
4 special interest to collectors by reason of some quality
5 other than is associated with firearms intended for
6 sporting use or as offensive or defensive weapons;
7 (6) transfers of firearms that have been rendered
8 permanently inoperable to a nonprofit historical society,
9 museum, or institutional collection;
10 (7) transfers by a law enforcement or corrections
11 agency or a law enforcement or corrections officer acting
12 within the course and scope of his or her official duties;
13 (8) (blank); transfers to a State or local law
14 enforcement agency by a person who has his or her Firearm
15 Owner's Identification Card revoked;
16 (9) transfers of curios and relics, as defined under
17 federal law, between collectors licensed under subsection
18 (b) of Section 923 of the federal Gun Control Act of 1968;
19 (10) transfers by a person or entity licensed as an
20 auctioneer under the Auction License Act;
21 (10.5) transfers of firearms to a resident registered
22 competitor or attendee or non-resident registered
23 competitor or attendee by a licensed federal firearms
24 dealer under Section 923 of the federal Gun Control Act of
25 1968 at a competitive shooting event held at the World
26 Shooting and Recreational Complex that is sanctioned by a

HB4376- 138 -LRB102 21797 RLC 30917 b
1 national governing body; or
2 (11) transfers between a pawnshop and a customer which
3 amount to a bailment. For purposes of this paragraph (11),
4 "bailment" means the act of placing property in the
5 custody and control of another, by agreement in which the
6 holder is responsible for the safekeeping and return of
7 the property.
8(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
9 (430 ILCS 68/5-40)
10 Sec. 5-40. Qualifications for operation.
11 (a) Each certified licensee shall submit with each
12application for certification or renewal an affidavit to the
13Illinois State Police stating that each owner, employee, or
14other agent of the certified licensee who sells or conducts
15transfers of firearms for the certified licensee is at least
1621 years of age, has a currently valid Firearm Owner's
17Identification Card and, for a renewal, has completed the
18training required under Section 5-30. The affidavit must also
19contain the name and Firearm Owner's Identification Card
20number of each owner, employee, or other agent who sells or
21conducts transfers of firearms for the certified licensee. If
22an owner, employee, or other agent of the certified licensee
23is not otherwise a resident of this State, the certified
24licensee shall submit an affidavit stating that the owner,
25employee, or other agent has undergone a background check and

HB4376- 139 -LRB102 21797 RLC 30917 b
1is not prohibited from owning or possessing firearms.
2 (b) In addition to the affidavit required under subsection
3(a), within 30 days of a new owner, employee, or other agent
4beginning selling or conducting transfers of firearms for the
5certified licensee, the certified licensee shall submit an
6affidavit to the Illinois State Police stating the date that
7the new owner, employee, or other agent began selling or
8conducting transfers of firearms for the certified licensee,
9and providing the information required in subsection (a) for
10that new owner, employee, or other agent.
11 (c) If a certified licensee has a license, certificate, or
12permit to sell, lease, transfer, purchase, or possess firearms
13issued by the federal government or the government of any
14state revoked or suspended for good cause within the preceding
154 years, the Illinois State Police may consider revoking or
16suspending the certified licenses in this State. In making a
17determination of whether or not to revoke or suspend a
18certified license in this State, the Illinois State Police
19shall consider the number of retail locations the certified
20licensee or any related person or entity operates in this
21State or in other states under the same or different business
22names, and the severity of the infraction in the state in which
23a license was revoked or suspended.
24 (d) Applications and affidavits required under this
25Section are not subject to disclosure by the Illinois State
26Police under the Freedom of Information Act.

HB4376- 140 -LRB102 21797 RLC 30917 b
1(Source: P.A. 102-538, eff. 8-20-21.)
2 (430 ILCS 68/5-85)
3 Sec. 5-85. Disciplinary sanctions.
4 (a) For violations of this Act not penalized under Section
55-15, the Illinois State Police may refuse to renew or
6restore, or may reprimand, place on probation, suspend,
7revoke, or take other disciplinary or non-disciplinary action
8against any licensee, and may impose a fine commensurate with
9the severity of the violation not to exceed $10,000 for each
10violation for any of the following, consistent with the
11Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901
12through 7903:
13 (1) Violations of this Act, or any law applicable to
14 the sale or transfer of firearms.
15 (2) A pattern of practice or other behavior which
16 demonstrates incapacity or incompetency to practice under
17 this Act.
18 (3) Aiding or assisting another person in violating
19 any provision of this Act or rules adopted under this Act.
20 (4) Failing, within 60 days, to provide information in
21 response to a written request made by the Illinois State
22 Police.
23 (5) Conviction of, plea of guilty to, or plea of nolo
24 contendere to any crime that disqualifies the person from
25 obtaining a firearm valid Firearm Owner's Identification

HB4376- 141 -LRB102 21797 RLC 30917 b
1 Card.
2 (6) Continued practice, although the person has become
3 unfit to practice due to any of the following:
4 (A) Any circumstance that disqualifies the person
5 from obtaining a firearm valid Firearm Owner's
6 Identification Card or concealed carry license.
7 (B) Habitual or excessive use or abuse of drugs
8 defined in law as controlled substances, alcohol, or
9 any other substance that results in the inability to
10 practice with reasonable judgment, skill, or safety.
11 (7) Receiving, directly or indirectly, compensation
12 for any firearms sold or transferred illegally.
13 (8) Discipline by another United States jurisdiction,
14 foreign nation, or governmental agency, if at least one of
15 the grounds for the discipline is the same or
16 substantially equivalent to those set forth in this Act.
17 (9) Violation of any disciplinary order imposed on a
18 licensee by the Illinois State Police.
19 (10) A finding by the Illinois State Police that the
20 licensee, after having his or her certified license placed
21 on probationary status, has violated the terms of
22 probation.
23 (11) A fraudulent or material misstatement in the
24 completion of an affirmative obligation or inquiry by law
25 enforcement.
26 (b) All fines imposed under this Section shall be paid

HB4376- 142 -LRB102 21797 RLC 30917 b
1within 90 days after the effective date of the final order
2imposing the fine.
3(Source: P.A. 102-538, eff. 8-20-21.)
4 Section 70. The Wildlife Code is amended by changing
5Sections 3.2 and 3.2a as follows:
6 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
7 Sec. 3.2. Hunting license; application; instruction.
8Before the Department or any county, city, village, township,
9incorporated town clerk or his duly designated agent or any
10other person authorized or designated by the Department to
11issue hunting licenses shall issue a hunting license to any
12person, the person shall file his application with the
13Department or other party authorized to issue licenses on a
14form provided by the Department and further give definite
15proof of identity and place of legal residence. Each clerk
16designating agents to issue licenses and stamps shall furnish
17the Department, within 10 days following the appointment, the
18names and mailing addresses of the agents. Each clerk or his
19duly designated agent shall be authorized to sell licenses and
20stamps only within the territorial area for which he was
21elected or appointed. No duly designated agent is authorized
22to furnish licenses or stamps for issuance by any other
23business establishment. Each application shall be executed and
24sworn to and shall set forth the name and description of the

HB4376- 143 -LRB102 21797 RLC 30917 b
1applicant and place of residence.
2 No hunting license shall be issued to any person born on or
3after January 1, 1980 unless he presents the person authorized
4to issue the license evidence that he has held a hunting
5license issued by the State of Illinois or another state in a
6prior year, or a certificate of competency as provided in this
7Section. Persons under 18 years of age may be issued a Lifetime
8Hunting or Sportsmen's Combination License as provided under
9Section 20-45 of the Fish and Aquatic Life Code but shall not
10be entitled to hunt alone, without the supervision of an adult
11age 21 or older, unless they have a certificate of competency
12as provided in this Section and the certificate is in their
13possession while hunting.
14 The Department of Natural Resources shall authorize
15personnel of the Department or certified volunteer instructors
16to conduct courses, of not less than 10 hours in length, in
17firearms and hunter safety, which may include training in bow
18and arrow safety, at regularly specified intervals throughout
19the State. Persons successfully completing the course shall
20receive a certificate of competency. The Department of Natural
21Resources may further cooperate with any reputable association
22or organization in establishing courses if the organization
23has as one of its objectives the promotion of safety in the
24handling of firearms or bow and arrow.
25 The Department of Natural Resources shall designate any
26person found by it to be competent to give instruction in the

HB4376- 144 -LRB102 21797 RLC 30917 b
1handling of firearms, hunter safety, and bow and arrow. The
2persons so appointed shall give the course of instruction and
3upon the successful completion shall issue to the person
4instructed a certificate of competency in the safe handling of
5firearms, hunter safety, and bow and arrow. No charge shall be
6made for any course of instruction except for materials or
7ammunition consumed. The Department of Natural Resources shall
8furnish information on the requirements of hunter safety
9education programs to be distributed free of charge to
10applicants for hunting licenses by the persons appointed and
11authorized to issue licenses. Funds for the conducting of
12firearms and hunter safety courses shall be taken from the fee
13charged for the Firearm Owners Identification Card.
14 The fee for a hunting license to hunt all species for a
15resident of Illinois is $12. For residents age 65 or older,
16and, commencing with the 2012 license year, resident veterans
17of the United States Armed Forces after returning from service
18abroad or mobilization by the President of the United States,
19the fee is one-half of the fee charged for a hunting license to
20hunt all species for a resident of Illinois. Veterans must
21provide to the Department, at one of the Department's 5
22regional offices, verification of their service. The
23Department shall establish what constitutes suitable
24verification of service for the purpose of issuing resident
25veterans hunting licenses at a reduced fee. The fee for a
26hunting license to hunt all species shall be $1 for residents

HB4376- 145 -LRB102 21797 RLC 30917 b
1over 75 years of age. Nonresidents shall be charged $57 for a
2hunting license.
3 Nonresidents may be issued a nonresident hunting license
4for a period not to exceed 10 consecutive days' hunting in the
5State and shall be charged a fee of $35.
6 A special nonresident hunting license authorizing a
7nonresident to take game birds by hunting on a game breeding
8and hunting preserve area only, established under Section
93.27, shall be issued upon proper application being made and
10payment of a fee equal to that for a resident hunting license.
11The expiration date of this license shall be on the same date
12each year that game breeding and hunting preserve area
13licenses expire.
14 Each applicant for a State Migratory Waterfowl Stamp,
15regardless of his residence or other condition, shall pay a
16fee of $15 and shall receive a stamp. The fee for a State
17Migratory Waterfowl Stamp shall be waived for residents over
1875 years of age. Except as provided under Section 20-45 of the
19Fish and Aquatic Life Code, the stamp shall be signed by the
20person or affixed to his license or permit in a space
21designated by the Department for that purpose.
22 Each applicant for a State Habitat Stamp, regardless of
23his residence or other condition, shall pay a fee of $5 and
24shall receive a stamp. The fee for a State Habitat Stamp shall
25be waived for residents over 75 years of age. Except as
26provided under Section 20-45 of the Fish and Aquatic Life

HB4376- 146 -LRB102 21797 RLC 30917 b
1Code, the stamp shall be signed by the person or affixed to his
2license or permit in a space designated by the Department for
3that purpose.
4 Nothing in this Section shall be construed as to require
5the purchase of more than one State Habitat Stamp by any person
6in any one license year.
7 The fees for State Pheasant Stamps and State Furbearer
8Stamps shall be waived for residents over 75 years of age.
9 The Department shall furnish the holders of hunting
10licenses and stamps with an insignia as evidence of possession
11of license, or license and stamp, as the Department may
12consider advisable. The insignia shall be exhibited and used
13as the Department may order.
14 All other hunting licenses and all State stamps shall
15expire upon March 31 of each year.
16 Every person holding any license, permit, or stamp issued
17under the provisions of this Act shall have it in his
18possession for immediate presentation for inspection to the
19officers and authorized employees of the Department, any
20sheriff, deputy sheriff, or any other peace officer making a
21demand for it. This provision shall not apply to Department
22owned or managed sites where it is required that all hunters
23deposit their license or , permit, or Firearm Owner's
24Identification Card at the check station upon entering the
25hunting areas.
26(Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)

HB4376- 147 -LRB102 21797 RLC 30917 b
1 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
2 Sec. 3.2a. Every person holding any license, permit or
3stamp issued under the provisions hereof shall have it in his
4possession for immediate presentation for inspection to the
5officers and authorized employees of the Department, any
6sheriff, deputy sheriff or any other peace officer making a
7demand for it. This provision shall not apply to Department
8owned or managed sites where it is required that all hunters
9deposit their license or , permit or Firearm Owner's
10Identification Card at the check station upon entering the
11hunting areas.
12(Source: P.A. 85-152.)
13 Section 75. The Criminal Code of 2012 is amended by
14changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
1524-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,
1624-3.5, 24-3B, 24-4.1, and 24-9 and adding Section 24-4.5 as
17follows:
18 (720 ILCS 5/2-7.1)
19 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
20"Firearm "Firearm" and "firearm ammunition" means any
21self-contained cartridge or shotgun shell, by whatever name
22known, which is designed to be used or adaptable to use in a
23firearm; excluding, however:

HB4376- 148 -LRB102 21797 RLC 30917 b
1 (1) any ammunition exclusively designed for use with a
2device used exclusively for signaling or safety and required
3or recommended by the United States Coast Guard or the
4Interstate Commerce Commission; and
5 (2) any ammunition designed exclusively for use with a
6stud or rivet driver or other similar industrial ammunition
7have the meanings ascribed to them in Section 1.1 of the
8Firearm Owners Identification Card Act.
9(Source: P.A. 91-544, eff. 1-1-00.)
10 (720 ILCS 5/2-7.5)
11 Sec. 2-7.5. "Firearm". Except as otherwise provided in a
12specific Section, "firearm" means any device, by whatever name
13known, which is designed to expel a projectile or projectiles
14by the action of an explosion, expansion of gas or escape of
15gas; excluding, however:
16 (1) any pneumatic gun, spring gun, paint ball gun, or B-B
17gun which expels a single globular projectile not exceeding
18.18 inch in diameter or which has a maximum muzzle velocity of
19less than 700 feet per second;
20 (1.1) any pneumatic gun, spring gun, paint ball gun, or
21B-B gun which expels breakable paint balls containing washable
22marking colors;
23 (2) any device used exclusively for signaling or safety
24and required or recommended by the United States Coast Guard
25or the Interstate Commerce Commission;

HB4376- 149 -LRB102 21797 RLC 30917 b
1 (3) any device used exclusively for the firing of stud
2cartridges, explosive rivets, or similar industrial
3ammunition; and
4 (4) an antique firearm (other than a machine-gun) which,
5although designed as a weapon, the Illinois State Police finds
6by reason of the date of its manufacture, value, design, and
7other characteristics is primarily a collector's item and is
8not likely to be used as a weapon has the meaning ascribed to
9it in Section 1.1 of the Firearm Owners Identification Card
10Act.
11(Source: P.A. 95-331, eff. 8-21-07.)
12 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
13 Sec. 12-3.05. Aggravated battery.
14 (a) Offense based on injury. A person commits aggravated
15battery when, in committing a battery, other than by the
16discharge of a firearm, he or she knowingly does any of the
17following:
18 (1) Causes great bodily harm or permanent disability
19 or disfigurement.
20 (2) Causes severe and permanent disability, great
21 bodily harm, or disfigurement by means of a caustic or
22 flammable substance, a poisonous gas, a deadly biological
23 or chemical contaminant or agent, a radioactive substance,
24 or a bomb or explosive compound.
25 (3) Causes great bodily harm or permanent disability

HB4376- 150 -LRB102 21797 RLC 30917 b
1 or disfigurement to an individual whom the person knows to
2 be a peace officer, community policing volunteer, fireman,
3 private security officer, correctional institution
4 employee, or Department of Human Services employee
5 supervising or controlling sexually dangerous persons or
6 sexually violent persons:
7 (i) performing his or her official duties;
8 (ii) battered to prevent performance of his or her
9 official duties; or
10 (iii) battered in retaliation for performing his
11 or her official duties.
12 (4) Causes great bodily harm or permanent disability
13 or disfigurement to an individual 60 years of age or
14 older.
15 (5) Strangles another individual.
16 (b) Offense based on injury to a child or person with an
17intellectual disability. A person who is at least 18 years of
18age commits aggravated battery when, in committing a battery,
19he or she knowingly and without legal justification by any
20means:
21 (1) causes great bodily harm or permanent disability
22 or disfigurement to any child under the age of 13 years, or
23 to any person with a severe or profound intellectual
24 disability; or
25 (2) causes bodily harm or disability or disfigurement
26 to any child under the age of 13 years or to any person

HB4376- 151 -LRB102 21797 RLC 30917 b
1 with a severe or profound intellectual disability.
2 (c) Offense based on location of conduct. A person commits
3aggravated battery when, in committing a battery, other than
4by the discharge of a firearm, he or she is or the person
5battered is on or about a public way, public property, a public
6place of accommodation or amusement, a sports venue, or a
7domestic violence shelter, or in a church, synagogue, mosque,
8or other building, structure, or place used for religious
9worship.
10 (d) Offense based on status of victim. A person commits
11aggravated battery when, in committing a battery, other than
12by discharge of a firearm, he or she knows the individual
13battered to be any of the following:
14 (1) A person 60 years of age or older.
15 (2) A person who is pregnant or has a physical
16 disability.
17 (3) A teacher or school employee upon school grounds
18 or grounds adjacent to a school or in any part of a
19 building used for school purposes.
20 (4) A peace officer, community policing volunteer,
21 fireman, private security officer, correctional
22 institution employee, or Department of Human Services
23 employee supervising or controlling sexually dangerous
24 persons or sexually violent persons:
25 (i) performing his or her official duties;
26 (ii) battered to prevent performance of his or her

HB4376- 152 -LRB102 21797 RLC 30917 b
1 official duties; or
2 (iii) battered in retaliation for performing his
3 or her official duties.
4 (5) A judge, emergency management worker, emergency
5 medical services personnel, or utility worker:
6 (i) performing his or her official duties;
7 (ii) battered to prevent performance of his or her
8 official duties; or
9 (iii) battered in retaliation for performing his
10 or her official duties.
11 (6) An officer or employee of the State of Illinois, a
12 unit of local government, or a school district, while
13 performing his or her official duties.
14 (7) A transit employee performing his or her official
15 duties, or a transit passenger.
16 (8) A taxi driver on duty.
17 (9) A merchant who detains the person for an alleged
18 commission of retail theft under Section 16-26 of this
19 Code and the person without legal justification by any
20 means causes bodily harm to the merchant.
21 (10) A person authorized to serve process under
22 Section 2-202 of the Code of Civil Procedure or a special
23 process server appointed by the circuit court while that
24 individual is in the performance of his or her duties as a
25 process server.
26 (11) A nurse while in the performance of his or her

HB4376- 153 -LRB102 21797 RLC 30917 b
1 duties as a nurse.
2 (12) A merchant: (i) while performing his or her
3 duties, including, but not limited to, relaying directions
4 for healthcare or safety from his or her supervisor or
5 employer or relaying health or safety guidelines,
6 recommendations, regulations, or rules from a federal,
7 State, or local public health agency; and (ii) during a
8 disaster declared by the Governor, or a state of emergency
9 declared by the mayor of the municipality in which the
10 merchant is located, due to a public health emergency and
11 for a period of 6 months after such declaration.
12 (e) Offense based on use of a firearm. A person commits
13aggravated battery when, in committing a battery, he or she
14knowingly does any of the following:
15 (1) Discharges a firearm, other than a machine gun or
16 a firearm equipped with a silencer, and causes any injury
17 to another person.
18 (2) Discharges a firearm, other than a machine gun or
19 a firearm equipped with a silencer, and causes any injury
20 to a person he or she knows to be a peace officer,
21 community policing volunteer, person summoned by a police
22 officer, fireman, private security officer, correctional
23 institution employee, or emergency management worker:
24 (i) performing his or her official duties;
25 (ii) battered to prevent performance of his or her
26 official duties; or

HB4376- 154 -LRB102 21797 RLC 30917 b
1 (iii) battered in retaliation for performing his
2 or her official duties.
3 (3) Discharges a firearm, other than a machine gun or
4 a firearm equipped with a silencer, and causes any injury
5 to a person he or she knows to be emergency medical
6 services personnel:
7 (i) performing his or her official duties;
8 (ii) battered to prevent performance of his or her
9 official duties; or
10 (iii) battered in retaliation for performing his
11 or her official duties.
12 (4) Discharges a firearm and causes any injury to a
13 person he or she knows to be a teacher, a student in a
14 school, or a school employee, and the teacher, student, or
15 employee is upon school grounds or grounds adjacent to a
16 school or in any part of a building used for school
17 purposes.
18 (5) Discharges a machine gun or a firearm equipped
19 with a silencer, and causes any injury to another person.
20 (6) Discharges a machine gun or a firearm equipped
21 with a silencer, and causes any injury to a person he or
22 she knows to be a peace officer, community policing
23 volunteer, person summoned by a police officer, fireman,
24 private security officer, correctional institution
25 employee or emergency management worker:
26 (i) performing his or her official duties;

HB4376- 155 -LRB102 21797 RLC 30917 b
1 (ii) battered to prevent performance of his or her
2 official duties; or
3 (iii) battered in retaliation for performing his
4 or her official duties.
5 (7) Discharges a machine gun or a firearm equipped
6 with a silencer, and causes any injury to a person he or
7 she knows to be emergency medical services personnel:
8 (i) performing his or her official duties;
9 (ii) battered to prevent performance of his or her
10 official duties; or
11 (iii) battered in retaliation for performing his
12 or her official duties.
13 (8) Discharges a machine gun or a firearm equipped
14 with a silencer, and causes any injury to a person he or
15 she knows to be a teacher, or a student in a school, or a
16 school employee, and the teacher, student, or employee is
17 upon school grounds or grounds adjacent to a school or in
18 any part of a building used for school purposes.
19 (f) Offense based on use of a weapon or device. A person
20commits aggravated battery when, in committing a battery, he
21or she does any of the following:
22 (1) Uses a deadly weapon other than by discharge of a
23 firearm, or uses an air rifle as defined in Section
24 24.8-0.1 of this Code.
25 (2) Wears a hood, robe, or mask to conceal his or her
26 identity.

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

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

HB4376- 158 -LRB102 21797 RLC 30917 b
1 (A) the person used or attempted to use a dangerous
2 instrument while committing the offense;
3 (B) the person caused great bodily harm or permanent
4 disability or disfigurement to the other person while
5 committing the offense; or
6 (C) the person has been previously convicted of a
7 violation of subdivision (a)(5) under the laws of this
8 State or laws similar to subdivision (a)(5) of any other
9 state.
10 Aggravated battery as defined in subdivision (e)(1) is a
11Class X felony.
12 Aggravated battery as defined in subdivision (a)(2) is a
13Class X felony for which a person shall be sentenced to a term
14of imprisonment of a minimum of 6 years and a maximum of 45
15years.
16 Aggravated battery as defined in subdivision (e)(5) is a
17Class X felony for which a person shall be sentenced to a term
18of imprisonment of a minimum of 12 years and a maximum of 45
19years.
20 Aggravated battery as defined in subdivision (e)(2),
21(e)(3), or (e)(4) is a Class X felony for which a person shall
22be sentenced to a term of imprisonment of a minimum of 15 years
23and a maximum of 60 years.
24 Aggravated battery as defined in subdivision (e)(6),
25(e)(7), or (e)(8) is a Class X felony for which a person shall
26be sentenced to a term of imprisonment of a minimum of 20 years

HB4376- 159 -LRB102 21797 RLC 30917 b
1and a maximum of 60 years.
2 Aggravated battery as defined in subdivision (b)(1) is a
3Class X felony, except that:
4 (1) if the person committed the offense while armed
5 with a firearm, 15 years shall be added to the term of
6 imprisonment imposed by the court;
7 (2) if, during the commission of the offense, the
8 person personally discharged a firearm, 20 years shall be
9 added to the term of imprisonment imposed by the court;
10 (3) if, during the commission of the offense, the
11 person personally discharged a firearm that proximately
12 caused great bodily harm, permanent disability, permanent
13 disfigurement, or death to another person, 25 years or up
14 to a term of natural life shall be added to the term of
15 imprisonment imposed by the court.
16 (i) Definitions. In this Section:
17 "Building or other structure used to provide shelter" has
18the meaning ascribed to "shelter" in Section 1 of the Domestic
19Violence Shelters Act.
20 "Domestic violence" has the meaning ascribed to it in
21Section 103 of the Illinois Domestic Violence Act of 1986.
22 "Domestic violence shelter" means any building or other
23structure used to provide shelter or other services to victims
24or to the dependent children of victims of domestic violence
25pursuant to the Illinois Domestic Violence Act of 1986 or the
26Domestic Violence Shelters Act, or any place within 500 feet

HB4376- 160 -LRB102 21797 RLC 30917 b
1of such a building or other structure in the case of a person
2who is going to or from such a building or other structure.
3 "Firearm" has the meaning provided under Section 2-7.5 of
4this Code 1.1 of the Firearm Owners Identification Card Act,
5and does not include an air rifle as defined by Section
624.8-0.1 of this Code.
7 "Machine gun" has the meaning ascribed to it in Section
824-1 of this Code.
9 "Merchant" has the meaning ascribed to it in Section
1016-0.1 of this Code.
11 "Strangle" means intentionally impeding the normal
12breathing or circulation of the blood of an individual by
13applying pressure on the throat or neck of that individual or
14by blocking the nose or mouth of that individual.
15(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
16 (720 ILCS 5/16-0.1)
17 Sec. 16-0.1. Definitions. In this Article, unless the
18context clearly requires otherwise, the following terms are
19defined as indicated:
20 "Access" means to use, instruct, communicate with, store
21data in, retrieve or intercept data from, or otherwise utilize
22any services of a computer.
23 "Coin-operated machine" includes any automatic vending
24machine or any part thereof, parking meter, coin telephone,
25coin-operated transit turnstile, transit fare box, coin

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

HB4376- 162 -LRB102 21797 RLC 30917 b
1photo-optical system; and also any service lawfully provided
2by any radio, telephone, cable television, fiber optic,
3satellite, microwave, Internet-based or wireless distribution
4network, system, facility or technology, including, but not
5limited to, any and all electronic, data, video, audio,
6Internet access, telephonic, microwave and radio
7communications, transmissions, signals and services, and any
8such communications, transmissions, signals and services
9lawfully provided directly or indirectly by or through any of
10those networks, systems, facilities or technologies.
11 "Communication service provider" means: (1) any person or
12entity providing any communication service, whether directly
13or indirectly, as a reseller, including, but not limited to, a
14cellular, paging or other wireless communications company or
15other person or entity which, for a fee, supplies the
16facility, cell site, mobile telephone switching office or
17other equipment or communication service; (2) any person or
18entity owning or operating any cable television, fiber optic,
19satellite, telephone, wireless, microwave, radio, data
20transmission or Internet-based distribution network, system or
21facility; and (3) any person or entity providing any
22communication service directly or indirectly by or through any
23such distribution system, network or facility.
24 "Computer" means a device that accepts, processes, stores,
25retrieves or outputs data, and includes but is not limited to
26auxiliary storage and telecommunications devices connected to

HB4376- 163 -LRB102 21797 RLC 30917 b
1computers.
2 "Continuing course of conduct" means a series of acts, and
3the accompanying mental state necessary for the crime in
4question, irrespective of whether the series of acts are
5continuous or intermittent.
6 "Delivery container" means any bakery basket of wire or
7plastic used to transport or store bread or bakery products,
8any dairy case of wire or plastic used to transport or store
9dairy products, and any dolly or cart of 2 or 4 wheels used to
10transport or store any bakery or dairy product.
11 "Document-making implement" means any implement,
12impression, template, computer file, computer disc, electronic
13device, computer hardware, computer software, instrument, or
14device that is used to make a real or fictitious or fraudulent
15personal identification document.
16 "Financial transaction device" means any of the following:
17 (1) An electronic funds transfer card.
18 (2) A credit card.
19 (3) A debit card.
20 (4) A point-of-sale card.
21 (5) Any instrument, device, card, plate, code, account
22 number, personal identification number, or a record or
23 copy of a code, account number, or personal identification
24 number or other means of access to a credit account or
25 deposit account, or a driver's license or State
26 identification card used to access a proprietary account,

HB4376- 164 -LRB102 21797 RLC 30917 b
1 other than access originated solely by a paper instrument,
2 that can be used alone or in conjunction with another
3 access device, for any of the following purposes:
4 (A) Obtaining money, cash refund or credit
5 account, credit, goods, services, or any other thing
6 of value.
7 (B) Certifying or guaranteeing to a person or
8 business the availability to the device holder of
9 funds on deposit to honor a draft or check payable to
10 the order of that person or business.
11 (C) Providing the device holder access to a
12 deposit account for the purpose of making deposits,
13 withdrawing funds, transferring funds between deposit
14 accounts, obtaining information pertaining to a
15 deposit account, or making an electronic funds
16 transfer.
17 "Full retail value" means the merchant's stated or
18advertised price of the merchandise. "Full retail value"
19includes the aggregate value of property obtained from retail
20thefts committed by the same person as part of a continuing
21course of conduct from one or more mercantile establishments
22in a single transaction or in separate transactions over a
23period of one year.
24 "Internet" means an interactive computer service or system
25or an information service, system, or access software provider
26that provides or enables computer access by multiple users to

HB4376- 165 -LRB102 21797 RLC 30917 b
1a computer server, and includes, but is not limited to, an
2information service, system, or access software provider that
3provides access to a network system commonly known as the
4Internet, or any comparable system or service and also
5includes, but is not limited to, a World Wide Web page,
6newsgroup, message board, mailing list, or chat area on any
7interactive computer service or system or other online
8service.
9 "Library card" means a card or plate issued by a library
10facility for purposes of identifying the person to whom the
11library card was issued as authorized to borrow library
12material, subject to all limitations and conditions imposed on
13the borrowing by the library facility issuing such card.
14 "Library facility" includes any public library or museum,
15or any library or museum of an educational, historical or
16eleemosynary institution, organization or society.
17 "Library material" includes any book, plate, picture,
18photograph, engraving, painting, sculpture, statue, artifact,
19drawing, map, newspaper, pamphlet, broadside, magazine,
20manuscript, document, letter, microfilm, sound recording,
21audiovisual material, magnetic or other tape, electronic data
22processing record or other documentary, written or printed
23material regardless of physical form or characteristics, or
24any part thereof, belonging to, or on loan to or otherwise in
25the custody of a library facility.
26 "Manufacture or assembly of an unlawful access device"

HB4376- 166 -LRB102 21797 RLC 30917 b
1means to make, produce or assemble an unlawful access device
2or to modify, alter, program or re-program any instrument,
3device, machine, equipment or software so that it is capable
4of defeating or circumventing any technology, device or
5software used by the provider, owner or licensee of a
6communication service or of any data, audio or video programs
7or transmissions to protect any such communication, data,
8audio or video services, programs or transmissions from
9unauthorized access, acquisition, disclosure, receipt,
10decryption, communication, transmission or re-transmission.
11 "Manufacture or assembly of an unlawful communication
12device" means to make, produce or assemble an unlawful
13communication or wireless device or to modify, alter, program
14or reprogram a communication or wireless device to be capable
15of acquiring, disrupting, receiving, transmitting, decrypting,
16or facilitating the acquisition, disruption, receipt,
17transmission or decryption of, a communication service without
18the express consent or express authorization of the
19communication service provider, or to knowingly assist others
20in those activities.
21 "Master sound recording" means the original physical
22object on which a given set of sounds were first recorded and
23which the original object from which all subsequent sound
24recordings embodying the same set of sounds are directly or
25indirectly derived.
26 "Merchandise" means any item of tangible personal

HB4376- 167 -LRB102 21797 RLC 30917 b
1property, including motor fuel.
2 "Merchant" means an owner or operator of any retail
3mercantile establishment or any agent, employee, lessee,
4consignee, officer, director, franchisee, or independent
5contractor of the owner or operator. "Merchant" also means a
6person who receives from an authorized user of a payment card,
7or someone the person believes to be an authorized user, a
8payment card or information from a payment card, or what the
9person believes to be a payment card or information from a
10payment card, as the instrument for obtaining, purchasing or
11receiving goods, services, money, or anything else of value
12from the person.
13 "Motor fuel" means a liquid, regardless of its properties,
14used to propel a vehicle, including gasoline and diesel.
15 "Online" means the use of any electronic or wireless
16device to access the Internet.
17 "Payment card" means a credit card, charge card, debit
18card, or any other card that is issued to an authorized card
19user and that allows the user to obtain, purchase, or receive
20goods, services, money, or anything else of value from a
21merchant.
22 "Person with a disability" means a person who suffers from
23a physical or mental impairment resulting from disease,
24injury, functional disorder or congenital condition that
25impairs the individual's mental or physical ability to
26independently manage his or her property or financial

HB4376- 168 -LRB102 21797 RLC 30917 b
1resources, or both.
2 "Personal identification document" means a birth
3certificate, a driver's license, a State identification card,
4a public, government, or private employment identification
5card, a social security card, a license issued under the
6Firearm Concealed Carry Act firearm owner's identification
7card, a credit card, a debit card, or a passport issued to or
8on behalf of a person other than the offender, or any document
9made or issued, or falsely purported to have been made or
10issued, by or under the authority of the United States
11Government, the State of Illinois, or any other state
12political subdivision of any state, or any other governmental
13or quasi-governmental organization that is of a type intended
14for the purpose of identification of an individual, or any
15such document made or altered in a manner that it falsely
16purports to have been made on behalf of or issued to another
17person or by the authority of one who did not give that
18authority.
19 "Personal identifying information" means any of the
20following information:
21 (1) A person's name.
22 (2) A person's address.
23 (3) A person's date of birth.
24 (4) A person's telephone number.
25 (5) A person's driver's license number or State of
26 Illinois identification card as assigned by the Secretary

HB4376- 169 -LRB102 21797 RLC 30917 b
1 of State of the State of Illinois or a similar agency of
2 another state.
3 (6) A person's social security number.
4 (7) A person's public, private, or government
5 employer, place of employment, or employment
6 identification number.
7 (8) The maiden name of a person's mother.
8 (9) The number assigned to a person's depository
9 account, savings account, or brokerage account.
10 (10) The number assigned to a person's credit or debit
11 card, commonly known as a "Visa Card", "MasterCard",
12 "American Express Card", "Discover Card", or other similar
13 cards whether issued by a financial institution,
14 corporation, or business entity.
15 (11) Personal identification numbers.
16 (12) Electronic identification numbers.
17 (13) Digital signals.
18 (14) User names, passwords, and any other word,
19 number, character or combination of the same usable in
20 whole or part to access information relating to a specific
21 individual, or to the actions taken, communications made
22 or received, or other activities or transactions of a
23 specific individual.
24 (15) Any other numbers or information which can be
25 used to access a person's financial resources, or to
26 identify a specific individual, or the actions taken,

HB4376- 170 -LRB102 21797 RLC 30917 b
1 communications made or received, or other activities or
2 transactions of a specific individual.
3 "Premises of a retail mercantile establishment" includes,
4but is not limited to, the retail mercantile establishment;
5any common use areas in shopping centers; and all parking
6areas set aside by a merchant or on behalf of a merchant for
7the parking of vehicles for the convenience of the patrons of
8such retail mercantile establishment.
9 "Public water, gas, or power supply, or other public
10services" mean any service subject to regulation by the
11Illinois Commerce Commission; any service furnished by a
12public utility that is owned and operated by any political
13subdivision, public institution of higher education or
14municipal corporation of this State; any service furnished by
15any public utility that is owned by such political
16subdivision, public institution of higher education, or
17municipal corporation and operated by any of its lessees or
18operating agents; any service furnished by an electric
19cooperative as defined in Section 3.4 of the Electric Supplier
20Act; or wireless service or other service regulated by the
21Federal Communications Commission.
22 "Publish" means to communicate or disseminate information
23to any one or more persons, either orally, in person, or by
24telephone, radio or television or in writing of any kind,
25including, without limitation, a letter or memorandum,
26circular or handbill, newspaper or magazine article or book.

HB4376- 171 -LRB102 21797 RLC 30917 b
1 "Radio frequency identification device" means any
2implement, computer file, computer disc, electronic device,
3computer hardware, computer software, or instrument that is
4used to activate, read, receive, or decode information stored
5on a RFID tag or transponder attached to a personal
6identification document.
7 "RFID tag or transponder" means a chip or device that
8contains personal identifying information from which the
9personal identifying information can be read or decoded by
10another device emitting a radio frequency that activates or
11powers a radio frequency emission response from the chip or
12transponder.
13 "Reencoder" means an electronic device that places encoded
14information from the magnetic strip or stripe of a payment
15card onto the magnetic strip or stripe of a different payment
16card.
17 "Retail mercantile establishment" means any place where
18merchandise is displayed, held, stored or offered for sale to
19the public.
20 "Scanning device" means a scanner, reader, or any other
21electronic device that is used to access, read, scan, obtain,
22memorize, or store, temporarily or permanently, information
23encoded on the magnetic strip or stripe of a payment card.
24 "Shopping cart" means those push carts of the type or
25types which are commonly provided by grocery stores, drug
26stores or other retail mercantile establishments for the use

HB4376- 172 -LRB102 21797 RLC 30917 b
1of the public in transporting commodities in stores and
2markets and, incidentally, from the stores to a place outside
3the store.
4 "Sound or audio visual recording" means any sound or audio
5visual phonograph record, disc, pre-recorded tape, film, wire,
6magnetic tape or other object, device or medium, now known or
7hereafter invented, by which sounds or images may be
8reproduced with or without the use of any additional machine,
9equipment or device.
10 "Theft detection device remover" means any tool or device
11specifically designed and intended to be used to remove any
12theft detection device from any merchandise.
13 "Under-ring" means to cause the cash register or other
14sales recording device to reflect less than the full retail
15value of the merchandise.
16 "Unidentified sound or audio visual recording" means a
17sound or audio visual recording without the actual name and
18full and correct street address of the manufacturer, and the
19name of the actual performers or groups prominently and
20legibly printed on the outside cover or jacket and on the label
21of such sound or audio visual recording.
22 "Unlawful access device" means any type of instrument,
23device, machine, equipment, technology, or software which is
24primarily possessed, used, designed, assembled, manufactured,
25sold, distributed or offered, promoted or advertised for the
26purpose of defeating or circumventing any technology, device

HB4376- 173 -LRB102 21797 RLC 30917 b
1or software, or any component or part thereof, used by the
2provider, owner or licensee of any communication service or of
3any data, audio or video programs or transmissions to protect
4any such communication, audio or video services, programs or
5transmissions from unauthorized access, acquisition, receipt,
6decryption, disclosure, communication, transmission or
7re-transmission.
8 "Unlawful communication device" means any electronic
9serial number, mobile identification number, personal
10identification number or any communication or wireless device
11that is capable of acquiring or facilitating the acquisition
12of a communication service without the express consent or
13express authorization of the communication service provider,
14or that has been altered, modified, programmed or
15reprogrammed, alone or in conjunction with another
16communication or wireless device or other equipment, to so
17acquire or facilitate the unauthorized acquisition of a
18communication service. "Unlawful communication device" also
19means:
20 (1) any phone altered to obtain service without the
21 express consent or express authorization of the
22 communication service provider, tumbler phone, counterfeit
23 or clone phone, tumbler microchip, counterfeit or clone
24 microchip, scanning receiver of wireless communication
25 service or other instrument capable of disguising its
26 identity or location or of gaining unauthorized access to

HB4376- 174 -LRB102 21797 RLC 30917 b
1 a communications or wireless system operated by a
2 communication service provider; and
3 (2) any communication or wireless device which is
4 capable of, or has been altered, designed, modified,
5 programmed or reprogrammed, alone or in conjunction with
6 another communication or wireless device or devices, so as
7 to be capable of, facilitating the disruption,
8 acquisition, receipt, transmission or decryption of a
9 communication service without the express consent or
10 express authorization of the communication service
11 provider, including, but not limited to, any device,
12 technology, product, service, equipment, computer software
13 or component or part thereof, primarily distributed, sold,
14 designed, assembled, manufactured, modified, programmed,
15 reprogrammed or used for the purpose of providing the
16 unauthorized receipt of, transmission of, disruption of,
17 decryption of, access to or acquisition of any
18 communication service provided by any communication
19 service provider.
20 "Vehicle" means a motor vehicle, motorcycle, or farm
21implement that is self-propelled and that uses motor fuel for
22propulsion.
23 "Wireless device" includes any type of instrument, device,
24machine, or equipment that is capable of transmitting or
25receiving telephonic, electronic or radio communications, or
26any part of such instrument, device, machine, or equipment, or

HB4376- 175 -LRB102 21797 RLC 30917 b
1any computer circuit, computer chip, electronic mechanism, or
2other component that is capable of facilitating the
3transmission or reception of telephonic, electronic, or radio
4communications.
5(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
61-1-12; 97-1109, eff. 1-1-13.)
7 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
8 Sec. 17-30. Defaced, altered, or removed manufacturer or
9owner identification number.
10 (a) Unlawful sale of household appliances. A person
11commits unlawful sale of household appliances when he or she
12knowingly, with the intent to defraud or deceive another,
13keeps for sale, within any commercial context, any household
14appliance with a missing, defaced, obliterated, or otherwise
15altered manufacturer's identification number.
16 (b) Construction equipment identification defacement. A
17person commits construction equipment identification
18defacement when he or she knowingly changes, alters, removes,
19mutilates, or obliterates a permanently affixed serial number,
20product identification number, part number, component
21identification number, owner-applied identification, or other
22mark of identification attached to or stamped, inscribed,
23molded, or etched into a machine or other equipment, whether
24stationary or mobile or self-propelled, or a part of such
25machine or equipment, used in the construction, maintenance,

HB4376- 176 -LRB102 21797 RLC 30917 b
1or demolition of buildings, structures, bridges, tunnels,
2sewers, utility pipes or lines, ditches or open cuts, roads,
3highways, dams, airports, or waterways or in material handling
4for such projects.
5 The trier of fact may infer that the defendant has
6knowingly changed, altered, removed, or obliterated the serial
7number, product identification number, part number, component
8identification number, owner-applied identification number, or
9other mark of identification, if the defendant was in
10possession of any machine or other equipment or a part of such
11machine or equipment used in the construction, maintenance, or
12demolition of buildings, structures, bridges, tunnels, sewers,
13utility pipes or lines, ditches or open cuts, roads, highways,
14dams, airports, or waterways or in material handling for such
15projects upon which any such serial number, product
16identification number, part number, component identification
17number, owner-applied identification number, or other mark of
18identification has been changed, altered, removed, or
19obliterated.
20 (c) Defacement of manufacturer's serial number or
21identification mark. A person commits defacement of a
22manufacturer's serial number or identification mark when he or
23she knowingly removes, alters, defaces, covers, or destroys
24the manufacturer's serial number or any other manufacturer's
25number or distinguishing identification mark upon any machine
26or other article of merchandise, other than a motor vehicle as

HB4376- 177 -LRB102 21797 RLC 30917 b
1defined in Section 1-146 of the Illinois Vehicle Code or a
2firearm as defined in the Firearm Owners Identification Card
3Act, with the intent of concealing or destroying the identity
4of such machine or other article of merchandise.
5 (d) Sentence.
6 (1) A violation of subsection (a) of this Section is a
7 Class 4 felony if the value of the appliance or appliances
8 exceeds $1,000 and a Class B misdemeanor if the value of
9 the appliance or appliances is $1,000 or less.
10 (2) A violation of subsection (b) of this Section is a
11 Class A misdemeanor.
12 (3) A violation of subsection (c) of this Section is a
13 Class B misdemeanor.
14 (e) No liability shall be imposed upon any person for the
15unintentional failure to comply with subsection (a).
16 (f) Definitions. In this Section:
17 "Commercial context" means a continuing business
18enterprise conducted for profit by any person whose primary
19business is the wholesale or retail marketing of household
20appliances, or a significant portion of whose business or
21inventory consists of household appliances kept or sold on a
22wholesale or retail basis.
23 "Household appliance" means any gas or electric device or
24machine marketed for use as home entertainment or for
25facilitating or expediting household tasks or chores. The term
26shall include but not necessarily be limited to refrigerators,

HB4376- 178 -LRB102 21797 RLC 30917 b
1freezers, ranges, radios, television sets, vacuum cleaners,
2toasters, dishwashers, and other similar household items.
3 "Manufacturer's identification number" means any serial
4number or other similar numerical or alphabetical designation
5imprinted upon or attached to or placed, stamped, or otherwise
6imprinted upon or attached to a household appliance or item by
7the manufacturer for purposes of identifying a particular
8appliance or item individually or by lot number.
9(Source: P.A. 96-1551, eff. 7-1-11.)
10 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
11 Sec. 24-1. Unlawful use of weapons.
12 (a) A person commits the offense of unlawful use of
13weapons when he knowingly:
14 (1) Sells, manufactures, purchases, possesses or
15 carries any bludgeon, black-jack, slung-shot, sand-club,
16 sand-bag, metal knuckles or other knuckle weapon
17 regardless of its composition, throwing star, or any
18 knife, commonly referred to as a switchblade knife, which
19 has a blade that opens automatically by hand pressure
20 applied to a button, spring or other device in the handle
21 of the knife, or a ballistic knife, which is a device that
22 propels a knifelike blade as a projectile by means of a
23 coil spring, elastic material or compressed gas; or
24 (2) Carries or possesses with intent to use the same
25 unlawfully against another, a dagger, dirk, billy,

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

HB4376- 180 -LRB102 21797 RLC 30917 b
1 person eligible under State and federal law to possess
2 a firearm who has been issued a currently valid
3 Firearm Owner's Identification Card; or
4 (iv) are carried or possessed in accordance with
5 the Firearm Concealed Carry Act by a person who has
6 been issued a currently valid license under the
7 Firearm Concealed Carry Act; or
8 (5) Sets a spring gun; or
9 (6) Possesses any device or attachment of any kind
10 designed, used or intended for use in silencing the report
11 of any firearm; or
12 (7) Sells, manufactures, purchases, possesses or
13 carries:
14 (i) a machine gun, which shall be defined for the
15 purposes of this subsection as any weapon, which
16 shoots, is designed to shoot, or can be readily
17 restored to shoot, automatically more than one shot
18 without manually reloading by a single function of the
19 trigger, including the frame or receiver of any such
20 weapon, or sells, manufactures, purchases, possesses,
21 or carries any combination of parts designed or
22 intended for use in converting any weapon into a
23 machine gun, or any combination or parts from which a
24 machine gun can be assembled if such parts are in the
25 possession or under the control of a person;
26 (ii) any rifle having one or more barrels less

HB4376- 181 -LRB102 21797 RLC 30917 b
1 than 16 inches in length or a shotgun having one or
2 more barrels less than 18 inches in length or any
3 weapon made from a rifle or shotgun, whether by
4 alteration, modification, or otherwise, if such a
5 weapon as modified has an overall length of less than
6 26 inches; or
7 (iii) any bomb, bomb-shell, grenade, bottle or
8 other container containing an explosive substance of
9 over one-quarter ounce for like purposes, such as, but
10 not limited to, black powder bombs and Molotov
11 cocktails or artillery projectiles; or
12 (8) Carries or possesses any firearm, stun gun or
13 taser or other deadly weapon in any place which is
14 licensed to sell intoxicating beverages, or at any public
15 gathering held pursuant to a license issued by any
16 governmental body or any public gathering at which an
17 admission is charged, excluding a place where a showing,
18 demonstration or lecture involving the exhibition of
19 unloaded firearms is conducted.
20 This subsection (a)(8) does not apply to any auction
21 or raffle of a firearm held pursuant to a license or permit
22 issued by a governmental body, nor does it apply to
23 persons engaged in firearm safety training courses; or
24 (9) Carries or possesses in a vehicle or on or about
25 his or her person any pistol, revolver, stun gun or taser
26 or firearm or ballistic knife, when he or she is hooded,

HB4376- 182 -LRB102 21797 RLC 30917 b
1 robed or masked in such manner as to conceal his or her
2 identity; or
3 (10) Carries or possesses on or about his or her
4 person, upon any public street, alley, or other public
5 lands within the corporate limits of a city, village, or
6 incorporated town, except when an invitee thereon or
7 therein, for the purpose of the display of such weapon or
8 the lawful commerce in weapons, or except when on his land
9 or in his or her own abode, legal dwelling, or fixed place
10 of business, or on the land or in the legal dwelling of
11 another person as an invitee with that person's
12 permission, any pistol, revolver, stun gun, or taser or
13 other firearm, except that this subsection (a) (10) does
14 not apply to or affect transportation of weapons that meet
15 one of the following conditions:
16 (i) are broken down in a non-functioning state; or
17 (ii) are not immediately accessible; or
18 (iii) are unloaded and enclosed in a case, firearm
19 carrying box, shipping box, or other container by a
20 person who has been eligible under State and federal
21 law to possess a firearm issued a currently valid
22 Firearm Owner's Identification Card; or
23 (iv) are carried or possessed in accordance with
24 the Firearm Concealed Carry Act by a person who has
25 been issued a currently valid license under the
26 Firearm Concealed Carry Act.

HB4376- 183 -LRB102 21797 RLC 30917 b
1 A "stun gun or taser", as used in this paragraph (a)
2 means (i) any device which is powered by electrical
3 charging units, such as, batteries, and which fires one or
4 several barbs attached to a length of wire and which, upon
5 hitting a human, can send out a current capable of
6 disrupting the person's nervous system in such a manner as
7 to render him incapable of normal functioning or (ii) any
8 device which is powered by electrical charging units, such
9 as batteries, and which, upon contact with a human or
10 clothing worn by a human, can send out current capable of
11 disrupting the person's nervous system in such a manner as
12 to render him incapable of normal functioning; or
13 (11) Sells, manufactures, or purchases any explosive
14 bullet. For purposes of this paragraph (a) "explosive
15 bullet" means the projectile portion of an ammunition
16 cartridge which contains or carries an explosive charge
17 which will explode upon contact with the flesh of a human
18 or an animal. "Cartridge" means a tubular metal case
19 having a projectile affixed at the front thereof and a cap
20 or primer at the rear end thereof, with the propellant
21 contained in such tube between the projectile and the cap;
22 or
23 (12) (Blank); or
24 (13) Carries or possesses on or about his or her
25 person while in a building occupied by a unit of
26 government, a billy club, other weapon of like character,

HB4376- 184 -LRB102 21797 RLC 30917 b
1 or other instrument of like character intended for use as
2 a weapon. For the purposes of this Section, "billy club"
3 means a short stick or club commonly carried by police
4 officers which is either telescopic or constructed of a
5 solid piece of wood or other man-made material.
6 (b) Sentence. A person convicted of a violation of
7subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
8subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
9Class A misdemeanor. A person convicted of a violation of
10subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
11a person convicted of a violation of subsection 24-1(a)(6) or
1224-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
13convicted of a violation of subsection 24-1(a)(7)(i) commits a
14Class 2 felony and shall be sentenced to a term of imprisonment
15of not less than 3 years and not more than 7 years, unless the
16weapon is possessed in the passenger compartment of a motor
17vehicle as defined in Section 1-146 of the Illinois Vehicle
18Code, or on the person, while the weapon is loaded, in which
19case it shall be a Class X felony. A person convicted of a
20second or subsequent violation of subsection 24-1(a)(4),
2124-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
22felony. A person convicted of a violation of subsection
2324-1(a)(2.5) commits a Class 2 felony. The possession of each
24weapon in violation of this Section constitutes a single and
25separate violation.
26 (c) Violations in specific places.

HB4376- 185 -LRB102 21797 RLC 30917 b
1 (1) A person who violates subsection 24-1(a)(6) or
2 24-1(a)(7) in any school, regardless of the time of day or
3 the time of year, in residential property owned, operated
4 or managed by a public housing agency or leased by a public
5 housing agency as part of a scattered site or mixed-income
6 development, in a public park, in a courthouse, on the
7 real property comprising any school, regardless of the
8 time of day or the time of year, on residential property
9 owned, operated or managed by a public housing agency or
10 leased by a public housing agency as part of a scattered
11 site or mixed-income development, on the real property
12 comprising any public park, on the real property
13 comprising any courthouse, in any conveyance owned, leased
14 or contracted by a school to transport students to or from
15 school or a school related activity, in any conveyance
16 owned, leased, or contracted by a public transportation
17 agency, or on any public way within 1,000 feet of the real
18 property comprising any school, public park, courthouse,
19 public transportation facility, or residential property
20 owned, operated, or managed by a public housing agency or
21 leased by a public housing agency as part of a scattered
22 site or mixed-income development commits a Class 2 felony
23 and shall be sentenced to a term of imprisonment of not
24 less than 3 years and not more than 7 years.
25 (1.5) A person who violates subsection 24-1(a)(4),
26 24-1(a)(9), or 24-1(a)(10) in any school, regardless of

HB4376- 186 -LRB102 21797 RLC 30917 b
1 the time of day or the time of year, in residential
2 property owned, operated, or managed by a public housing
3 agency or leased by a public housing agency as part of a
4 scattered site or mixed-income development, in a public
5 park, in a courthouse, on the real property comprising any
6 school, regardless of the time of day or the time of year,
7 on residential property owned, operated, or managed by a
8 public housing agency or leased by a public housing agency
9 as part of a scattered site or mixed-income development,
10 on the real property comprising any public park, on the
11 real property comprising any courthouse, in any conveyance
12 owned, leased, or contracted by a school to transport
13 students to or from school or a school related activity,
14 in any conveyance owned, leased, or contracted by a public
15 transportation agency, or on any public way within 1,000
16 feet of the real property comprising any school, public
17 park, courthouse, public transportation facility, or
18 residential property owned, operated, or managed by a
19 public housing agency or leased by a public housing agency
20 as part of a scattered site or mixed-income development
21 commits a Class 3 felony.
22 (2) A person who violates subsection 24-1(a)(1),
23 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
24 time of day or the time of year, in residential property
25 owned, operated or managed by a public housing agency or
26 leased by a public housing agency as part of a scattered

HB4376- 187 -LRB102 21797 RLC 30917 b
1 site or mixed-income development, in a public park, in a
2 courthouse, on the real property comprising any school,
3 regardless of the time of day or the time of year, on
4 residential property owned, operated or managed by a
5 public housing agency or leased by a public housing agency
6 as part of a scattered site or mixed-income development,
7 on the real property comprising any public park, on the
8 real property comprising any courthouse, in any conveyance
9 owned, leased or contracted by a school to transport
10 students to or from school or a school related activity,
11 in any conveyance owned, leased, or contracted by a public
12 transportation agency, or on any public way within 1,000
13 feet of the real property comprising any school, public
14 park, courthouse, public transportation facility, or
15 residential property owned, operated, or managed by a
16 public housing agency or leased by a public housing agency
17 as part of a scattered site or mixed-income development
18 commits a Class 4 felony. "Courthouse" means any building
19 that is used by the Circuit, Appellate, or Supreme Court
20 of this State for the conduct of official business.
21 (3) Paragraphs (1), (1.5), and (2) of this subsection
22 (c) shall not apply to law enforcement officers or
23 security officers of such school, college, or university
24 or to students carrying or possessing firearms for use in
25 training courses, parades, hunting, target shooting on
26 school ranges, or otherwise with the consent of school

HB4376- 188 -LRB102 21797 RLC 30917 b
1 authorities and which firearms are transported unloaded
2 enclosed in a suitable case, box, or transportation
3 package.
4 (4) For the purposes of this subsection (c), "school"
5 means any public or private elementary or secondary
6 school, community college, college, or university.
7 (5) For the purposes of this subsection (c), "public
8 transportation agency" means a public or private agency
9 that provides for the transportation or conveyance of
10 persons by means available to the general public, except
11 for transportation by automobiles not used for conveyance
12 of the general public as passengers; and "public
13 transportation facility" means a terminal or other place
14 where one may obtain public transportation.
15 (d) The presence in an automobile other than a public
16omnibus of any weapon, instrument or substance referred to in
17subsection (a)(7) is prima facie evidence that it is in the
18possession of, and is being carried by, all persons occupying
19such automobile at the time such weapon, instrument or
20substance is found, except under the following circumstances:
21(i) if such weapon, instrument or instrumentality is found
22upon the person of one of the occupants therein; or (ii) if
23such weapon, instrument or substance is found in an automobile
24operated for hire by a duly licensed driver in the due, lawful
25and proper pursuit of his or her trade, then such presumption
26shall not apply to the driver.

HB4376- 189 -LRB102 21797 RLC 30917 b
1 (e) Exemptions.
2 (1) Crossbows, Common or Compound bows and Underwater
3 Spearguns are exempted from the definition of ballistic
4 knife as defined in paragraph (1) of subsection (a) of
5 this Section.
6 (2) The provision of paragraph (1) of subsection (a)
7 of this Section prohibiting the sale, manufacture,
8 purchase, possession, or carrying of any knife, commonly
9 referred to as a switchblade knife, which has a blade that
10 opens automatically by hand pressure applied to a button,
11 spring or other device in the handle of the knife, does not
12 apply to a person eligible under State and federal law to
13 possess a firearm who possesses a currently valid Firearm
14 Owner's Identification Card previously issued in his or
15 her name by the Illinois State Police or to a person or an
16 entity engaged in the business of selling or manufacturing
17 switchblade knives.
18(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
19 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
20 Sec. 24-1.1. Unlawful use or possession of weapons by
21felons or persons in the custody of the Department of
22Corrections facilities.
23 (a) It is unlawful for a person to knowingly possess on or
24about his person or on his land or in his own abode or fixed
25place of business any weapon prohibited under Section 24-1 of

HB4376- 190 -LRB102 21797 RLC 30917 b
1this Act or any firearm or any firearm ammunition if the person
2has been convicted of a felony under the laws of this State or
3any other jurisdiction. This Section shall not apply if the
4person has been granted relief under this subsection by the
5Director of the Illinois State Police under Section 10 of the
6Firearm Owners Identification Card Act. A person prohibited
7from possessing a firearm under this subsection (a) may
8petition the Director of the Illinois State Police for a
9hearing and relief from the prohibition, unless the
10prohibition was based upon a forcible felony, stalking,
11aggravated stalking, domestic battery, any violation of the
12Illinois Controlled Substances Act, the Methamphetamine
13Control and Community Protection Act, or the Cannabis Control
14Act that is classified as a Class 2 or greater felony, any
15felony violation of Article 24 of the Criminal Code of 1961 or
16the Criminal Code of 2012, or any adjudication as a delinquent
17minor for the commission of an offense that if committed by an
18adult would be a felony, in which case the person may petition
19the circuit court in writing in the county of his or her
20residence for a hearing and relief from the prohibition. The
21Director or court may grant the relief if it is established by
22the petitioner to the court's or Director's satisfaction that:
23 (1) when in the circuit court, the State's Attorney
24 has been served with a written copy of the petition at
25 least 30 days before any hearing in the circuit court and
26 at the hearing the State's Attorney was afforded an

HB4376- 191 -LRB102 21797 RLC 30917 b
1 opportunity to present evidence and object to the
2 petition;
3 (2) the petitioner has not been convicted of a
4 forcible felony under the laws of this State or any other
5 jurisdiction within 20 years of the filing of the
6 petition, or at least 20 years have passed since the end of
7 any period of imprisonment imposed in relation to that
8 conviction;
9 (3) the circumstances regarding a criminal conviction,
10 where applicable, the petitioner's criminal history and
11 his or her reputation are such that the petitioner will
12 not be likely to act in a manner dangerous to public
13 safety;
14 (4) granting relief would not be contrary to the
15 public interest; and
16 (5) granting relief would not be contrary to federal
17 law.
18 (b) It is unlawful for any person confined in a penal
19institution, which is a facility of the Illinois Department of
20Corrections, to possess any weapon prohibited under Section
2124-1 of this Code or any firearm or firearm ammunition,
22regardless of the intent with which he possesses it.
23 (c) It shall be an affirmative defense to a violation of
24subsection (b), that such possession was specifically
25authorized by rule, regulation, or directive of the Illinois
26Department of Corrections or order issued pursuant thereto.

HB4376- 192 -LRB102 21797 RLC 30917 b
1 (d) The defense of necessity is not available to a person
2who is charged with a violation of subsection (b) of this
3Section.
4 (e) Sentence. Violation of this Section by a person not
5confined in a penal institution shall be a Class 3 felony for
6which the person shall be sentenced to no less than 2 years and
7no more than 10 years. A second or subsequent violation of this
8Section shall be a Class 2 felony for which the person shall be
9sentenced to a term of imprisonment of not less than 3 years
10and not more than 14 years, except as provided for in Section
115-4.5-110 of the Unified Code of Corrections. Violation of
12this Section by a person not confined in a penal institution
13who has been convicted of a forcible felony, a felony
14violation of Article 24 of this Code or of the Firearm Owners
15Identification Card Act, stalking or aggravated stalking, or a
16Class 2 or greater felony under the Illinois Controlled
17Substances Act, the Cannabis Control Act, or the
18Methamphetamine Control and Community Protection Act is a
19Class 2 felony for which the person shall be sentenced to not
20less than 3 years and not more than 14 years, except as
21provided for in Section 5-4.5-110 of the Unified Code of
22Corrections. Violation of this Section by a person who is on
23parole or mandatory supervised release is a Class 2 felony for
24which the person shall be sentenced to not less than 3 years
25and not more than 14 years, except as provided for in Section
265-4.5-110 of the Unified Code of Corrections. Violation of

HB4376- 193 -LRB102 21797 RLC 30917 b
1this Section by a person not confined in a penal institution is
2a Class X felony when the firearm possessed is a machine gun.
3Any person who violates this Section while confined in a penal
4institution, which is a facility of the Illinois Department of
5Corrections, is guilty of a Class 1 felony, if he possesses any
6weapon prohibited under Section 24-1 of this Code regardless
7of the intent with which he possesses it, a Class X felony if
8he possesses any firearm, firearm ammunition or explosive, and
9a Class X felony for which the offender shall be sentenced to
10not less than 12 years and not more than 50 years when the
11firearm possessed is a machine gun. A violation of this
12Section while wearing or in possession of body armor as
13defined in Section 33F-1 is a Class X felony punishable by a
14term of imprisonment of not less than 10 years and not more
15than 40 years. The possession of each firearm or firearm
16ammunition in violation of this Section constitutes a single
17and separate violation.
18(Source: P.A. 102-538, eff. 8-20-21.)
19 (720 ILCS 5/24-1.6)
20 Sec. 24-1.6. Aggravated unlawful use of a weapon.
21 (a) A person commits the offense of aggravated unlawful
22use of a weapon when he or she knowingly:
23 (1) Carries on or about his or her person or in any
24 vehicle or concealed on or about his or her person except
25 when on his or her land or in his or her abode, legal

HB4376- 194 -LRB102 21797 RLC 30917 b
1 dwelling, or fixed place of business, or on the land or in
2 the legal dwelling of another person as an invitee with
3 that person's permission, any pistol, revolver, stun gun
4 or taser or other firearm; or
5 (2) Carries or possesses on or about his or her
6 person, upon any public street, alley, or other public
7 lands within the corporate limits of a city, village or
8 incorporated town, except when an invitee thereon or
9 therein, for the purpose of the display of such weapon or
10 the lawful commerce in weapons, or except when on his or
11 her own land or in his or her own abode, legal dwelling, or
12 fixed place of business, or on the land or in the legal
13 dwelling of another person as an invitee with that
14 person's permission, any pistol, revolver, stun gun or
15 taser or other firearm; and
16 (3) One of the following factors is present:
17 (A) the firearm, other than a pistol, revolver, or
18 handgun, possessed was uncased, loaded, and
19 immediately accessible at the time of the offense; or
20 (A-5) the pistol, revolver, or handgun possessed
21 was uncased, loaded, and immediately accessible at the
22 time of the offense and the person possessing the
23 pistol, revolver, or handgun has not been issued a
24 currently valid license under the Firearm Concealed
25 Carry Act; or
26 (B) the firearm, other than a pistol, revolver, or

HB4376- 195 -LRB102 21797 RLC 30917 b
1 handgun, possessed was uncased, unloaded, and the
2 ammunition for the weapon was immediately accessible
3 at the time of the offense; or
4 (B-5) the pistol, revolver, or handgun possessed
5 was uncased, unloaded, and the ammunition for the
6 weapon was immediately accessible at the time of the
7 offense and the person possessing the pistol,
8 revolver, or handgun has not been issued a currently
9 valid license under the Firearm Concealed Carry Act;
10 or
11 (C) (blank); or the person possessing the firearm
12 has not been issued a currently valid Firearm Owner's
13 Identification Card; or
14 (D) the person possessing the weapon was
15 previously adjudicated a delinquent minor under the
16 Juvenile Court Act of 1987 for an act that if committed
17 by an adult would be a felony; or
18 (E) the person possessing the weapon was engaged
19 in a misdemeanor violation of the Cannabis Control
20 Act, in a misdemeanor violation of the Illinois
21 Controlled Substances Act, or in a misdemeanor
22 violation of the Methamphetamine Control and Community
23 Protection Act; or
24 (F) (blank); or
25 (G) the person possessing the weapon had an order
26 of protection issued against him or her within the

HB4376- 196 -LRB102 21797 RLC 30917 b
1 previous 2 years; or
2 (H) the person possessing the weapon was engaged
3 in the commission or attempted commission of a
4 misdemeanor involving the use or threat of violence
5 against the person or property of another; or
6 (I) the person possessing the weapon was under 21
7 years of age and in possession of a handgun, unless the
8 person under 21 is engaged in lawful activities under
9 the Wildlife Code or described in subsection
10 24-2(b)(1), (b)(3), or 24-2(f).
11 (a-5) "Handgun" as used in this Section has the meaning
12given to it in Section 5 of the Firearm Concealed Carry Act.
13 (b) "Stun gun or taser" as used in this Section has the
14same definition given to it in Section 24-1 of this Code.
15 (c) This Section does not apply to or affect the
16transportation or possession of weapons that:
17 (i) are broken down in a non-functioning state; or
18 (ii) are not immediately accessible; or
19 (iii) are unloaded and enclosed in a case, firearm
20 carrying box, shipping box, or other container by a person
21 is eligible under State and federal law to possess a
22 firearm who has been issued a currently valid Firearm
23 Owner's Identification Card.
24 (d) Sentence.
25 (1) Aggravated unlawful use of a weapon is a Class 4
26 felony; a second or subsequent offense is a Class 2 felony

HB4376- 197 -LRB102 21797 RLC 30917 b
1 for which the person shall be sentenced to a term of
2 imprisonment of not less than 3 years and not more than 7
3 years, except as provided for in Section 5-4.5-110 of the
4 Unified Code of Corrections.
5 (2) (Blank). Except as otherwise provided in
6 paragraphs (3) and (4) of this subsection (d), a first
7 offense of aggravated unlawful use of a weapon committed
8 with a firearm by a person 18 years of age or older where
9 the factors listed in both items (A) and (C) or both items
10 (A-5) and (C) of paragraph (3) of subsection (a) are
11 present is a Class 4 felony, for which the person shall be
12 sentenced to a term of imprisonment of not less than one
13 year and not more than 3 years.
14 (3) Aggravated unlawful use of a weapon by a person
15 who has been previously convicted of a felony in this
16 State or another jurisdiction is a Class 2 felony for
17 which the person shall be sentenced to a term of
18 imprisonment of not less than 3 years and not more than 7
19 years, except as provided for in Section 5-4.5-110 of the
20 Unified Code of Corrections.
21 (4) Aggravated unlawful use of a weapon while wearing
22 or in possession of body armor as defined in Section 33F-1
23 by a person who is prohibited under State or federal law
24 from possessing a firearm has not been issued a valid
25 Firearms Owner's Identification Card in accordance with
26 Section 5 of the Firearm Owners Identification Card Act is

HB4376- 198 -LRB102 21797 RLC 30917 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
13 lands, except when inside his or her own abode or inside
14 his or her fixed place of business, and has not been issued
15 a currently valid Firearm Owner's Identification Card and
16 is a member of a street gang; or
17 (2) possesses or carries in any vehicle a firearm and
18 firearm ammunition which are both immediately accessible
19 at the time of the offense while on any street, road,
20 alley, or any other lands, except when inside his or her
21 own abode or garage, and has not been issued a currently
22 valid Firearm Owner's Identification Card and is a member
23 of a street gang.
24 (b) Unlawful possession of a firearm by a street gang
25member is a Class 2 felony for which the person, if sentenced

HB4376- 199 -LRB102 21797 RLC 30917 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
7to not less than the minimum term of imprisonment authorized
8for the Class 2 felony.
9 (c) For purposes of this Section:
10 "Street gang" or "gang" has the meaning ascribed to it
11 in Section 10 of the Illinois Streetgang Terrorism Omnibus
12 Prevention Act.
13 "Street gang member" or "gang member" has the meaning
14 ascribed to it in Section 10 of the Illinois Streetgang
15 Terrorism Omnibus Prevention Act.
16(Source: P.A. 96-829, eff. 12-3-09.)
17 (720 ILCS 5/24-2)
18 (Text of Section before amendment by P.A. 102-152)
19 Sec. 24-2. Exemptions.
20 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2124-1(a)(13) and Section 24-1.6 do not apply to or affect any of
22the following:
23 (1) Peace officers, and any person summoned by a peace
24 officer to assist in making arrests or preserving the
25 peace, while actually engaged in assisting such officer.

HB4376- 200 -LRB102 21797 RLC 30917 b
1 (2) Wardens, superintendents and keepers of prisons,
2 penitentiaries, jails and other institutions for the
3 detention of persons accused or convicted of an offense,
4 while in the performance of their official duty, or while
5 commuting between their homes and places of employment.
6 (3) Members of the Armed Services or Reserve Forces of
7 the United States or the Illinois National Guard or the
8 Reserve Officers Training Corps, while in the performance
9 of their official duty.
10 (4) Special agents employed by a railroad or a public
11 utility to perform police functions, and guards of armored
12 car companies, while actually engaged in the performance
13 of the duties of their employment or commuting between
14 their homes and places of employment; and watchmen while
15 actually engaged in the performance of the duties of their
16 employment.
17 (5) Persons licensed as private security contractors,
18 private detectives, or private alarm contractors, or
19 employed by a private security contractor, private
20 detective, or private alarm contractor agency licensed by
21 the Department of Financial and Professional Regulation,
22 if their duties include the carrying of a weapon under the
23 provisions of the Private Detective, Private Alarm,
24 Private Security, Fingerprint Vendor, and Locksmith Act of
25 2004, while actually engaged in the performance of the
26 duties of their employment or commuting between their

HB4376- 201 -LRB102 21797 RLC 30917 b
1 homes and places of employment. A person shall be
2 considered eligible for this exemption if he or she has
3 completed the required 20 hours of training for a private
4 security contractor, private detective, or private alarm
5 contractor, or employee of a licensed private security
6 contractor, private detective, or private alarm contractor
7 agency and 20 hours of required firearm training, and has
8 been issued a firearm control card by the Department of
9 Financial and Professional Regulation. Conditions for the
10 renewal of firearm control cards issued under the
11 provisions of this Section shall be the same as for those
12 cards issued under the provisions of the Private
13 Detective, Private Alarm, Private Security, Fingerprint
14 Vendor, and Locksmith Act of 2004. The firearm control
15 card shall be carried by the private security contractor,
16 private detective, or private alarm contractor, or
17 employee of the licensed private security contractor,
18 private detective, or private alarm contractor agency at
19 all times when he or she is in possession of a concealable
20 weapon permitted by his or her firearm control card.
21 (6) Any person regularly employed in a commercial or
22 industrial operation as a security guard for the
23 protection of persons employed and private property
24 related to such commercial or industrial operation, while
25 actually engaged in the performance of his or her duty or
26 traveling between sites or properties belonging to the

HB4376- 202 -LRB102 21797 RLC 30917 b
1 employer, and who, as a security guard, is a member of a
2 security force registered with the Department of Financial
3 and Professional Regulation; provided that such security
4 guard has successfully completed a course of study,
5 approved by and supervised by the Department of Financial
6 and Professional Regulation, consisting of not less than
7 40 hours of training that includes the theory of law
8 enforcement, liability for acts, and the handling of
9 weapons. A person shall be considered eligible for this
10 exemption if he or she has completed the required 20 hours
11 of training for a security officer and 20 hours of
12 required firearm training, and has been issued a firearm
13 control card by the Department of Financial and
14 Professional Regulation. Conditions for the renewal of
15 firearm control cards issued under the provisions of this
16 Section shall be the same as for those cards issued under
17 the provisions of the Private Detective, Private Alarm,
18 Private Security, Fingerprint Vendor, and Locksmith Act of
19 2004. The firearm control card shall be carried by the
20 security guard at all times when he or she is in possession
21 of a concealable weapon permitted by his or her firearm
22 control card.
23 (7) Agents and investigators of the Illinois
24 Legislative Investigating Commission authorized by the
25 Commission to carry the weapons specified in subsections
26 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

HB4376- 203 -LRB102 21797 RLC 30917 b
1 any investigation for the Commission.
2 (8) Persons employed by a financial institution as a
3 security guard for the protection of other employees and
4 property related to such financial institution, while
5 actually engaged in the performance of their duties,
6 commuting between their homes and places of employment, or
7 traveling between sites or properties owned or operated by
8 such financial institution, and who, as a security guard,
9 is a member of a security force registered with the
10 Department; provided that any person so employed has
11 successfully completed a course of study, approved by and
12 supervised by the Department of Financial and Professional
13 Regulation, consisting of not less than 40 hours of
14 training which includes theory of law enforcement,
15 liability for acts, and the handling of weapons. A person
16 shall be considered to be eligible for this exemption if
17 he or she has completed the required 20 hours of training
18 for a security officer and 20 hours of required firearm
19 training, and has been issued a firearm control card by
20 the Department of Financial and Professional Regulation.
21 Conditions for renewal of firearm control cards issued
22 under the provisions of this Section shall be the same as
23 for those issued under the provisions of the Private
24 Detective, Private Alarm, Private Security, Fingerprint
25 Vendor, and Locksmith Act of 2004. The firearm control
26 card shall be carried by the security guard at all times

HB4376- 204 -LRB102 21797 RLC 30917 b
1 when he or she is in possession of a concealable weapon
2 permitted by his or her firearm control card. For purposes
3 of this subsection, "financial institution" means a bank,
4 savings and loan association, credit union or company
5 providing armored car services.
6 (9) Any person employed by an armored car company to
7 drive an armored car, while actually engaged in the
8 performance of his duties.
9 (10) Persons who have been classified as peace
10 officers pursuant to the Peace Officer Fire Investigation
11 Act.
12 (11) Investigators of the Office of the State's
13 Attorneys Appellate Prosecutor authorized by the board of
14 governors of the Office of the State's Attorneys Appellate
15 Prosecutor to carry weapons pursuant to Section 7.06 of
16 the State's Attorneys Appellate Prosecutor's Act.
17 (12) Special investigators appointed by a State's
18 Attorney under Section 3-9005 of the Counties Code.
19 (12.5) Probation officers while in the performance of
20 their duties, or while commuting between their homes,
21 places of employment or specific locations that are part
22 of their assigned duties, with the consent of the chief
23 judge of the circuit for which they are employed, if they
24 have received weapons training according to requirements
25 of the Peace Officer and Probation Officer Firearm
26 Training Act.

HB4376- 205 -LRB102 21797 RLC 30917 b
1 (13) Court Security Officers while in the performance
2 of their official duties, or while commuting between their
3 homes and places of employment, with the consent of the
4 Sheriff.
5 (13.5) A person employed as an armed security guard at
6 a nuclear energy, storage, weapons or development site or
7 facility regulated by the Nuclear Regulatory Commission
8 who has completed the background screening and training
9 mandated by the rules and regulations of the Nuclear
10 Regulatory Commission.
11 (14) Manufacture, transportation, or sale of weapons
12 to persons authorized under subdivisions (1) through
13 (13.5) of this subsection to possess those weapons.
14 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
15to or affect any person carrying a concealed pistol, revolver,
16or handgun and the person has been issued a currently valid
17license under the Firearm Concealed Carry Act at the time of
18the commission of the offense.
19 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
20to or affect a qualified current or retired law enforcement
21officer qualified under the laws of this State or under the
22federal Law Enforcement Officers Safety Act.
23 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2424-1.6 do not apply to or affect any of the following:
25 (1) Members of any club or organization organized for
26 the purpose of practicing shooting at targets upon

HB4376- 206 -LRB102 21797 RLC 30917 b
1 established target ranges, whether public or private, and
2 patrons of such ranges, while such members or patrons are
3 using their firearms on those target ranges.
4 (2) Duly authorized military or civil organizations
5 while parading, with the special permission of the
6 Governor.
7 (3) Hunters, trappers or fishermen with a license or
8 permit while engaged in hunting, trapping or fishing.
9 (4) Transportation of weapons that are broken down in
10 a non-functioning state or are not immediately accessible.
11 (5) Carrying or possessing any pistol, revolver, stun
12 gun or taser or other firearm on the land or in the legal
13 dwelling of another person as an invitee with that
14 person's permission.
15 (c) Subsection 24-1(a)(7) does not apply to or affect any
16of the following:
17 (1) Peace officers while in performance of their
18 official duties.
19 (2) Wardens, superintendents and keepers of prisons,
20 penitentiaries, jails and other institutions for the
21 detention of persons accused or convicted of an offense.
22 (3) Members of the Armed Services or Reserve Forces of
23 the United States or the Illinois National Guard, while in
24 the performance of their official duty.
25 (4) Manufacture, transportation, or sale of machine
26 guns to persons authorized under subdivisions (1) through

HB4376- 207 -LRB102 21797 RLC 30917 b
1 (3) of this subsection to possess machine guns, if the
2 machine guns are broken down in a non-functioning state or
3 are not immediately accessible.
4 (5) Persons licensed under federal law to manufacture
5 any weapon from which 8 or more shots or bullets can be
6 discharged by a single function of the firing device, or
7 ammunition for such weapons, and actually engaged in the
8 business of manufacturing such weapons or ammunition, but
9 only with respect to activities which are within the
10 lawful scope of such business, such as the manufacture,
11 transportation, or testing of such weapons or ammunition.
12 This exemption does not authorize the general private
13 possession of any weapon from which 8 or more shots or
14 bullets can be discharged by a single function of the
15 firing device, but only such possession and activities as
16 are within the lawful scope of a licensed manufacturing
17 business described in this paragraph.
18 During transportation, such weapons shall be broken
19 down in a non-functioning state or not immediately
20 accessible.
21 (6) The manufacture, transport, testing, delivery,
22 transfer or sale, and all lawful commercial or
23 experimental activities necessary thereto, of rifles,
24 shotguns, and weapons made from rifles or shotguns, or
25 ammunition for such rifles, shotguns or weapons, where
26 engaged in by a person operating as a contractor or

HB4376- 208 -LRB102 21797 RLC 30917 b
1 subcontractor pursuant to a contract or subcontract for
2 the development and supply of such rifles, shotguns,
3 weapons or ammunition to the United States government or
4 any branch of the Armed Forces of the United States, when
5 such activities are necessary and incident to fulfilling
6 the terms of such contract.
7 The exemption granted under this subdivision (c)(6)
8 shall also apply to any authorized agent of any such
9 contractor or subcontractor who is operating within the
10 scope of his employment, where such activities involving
11 such weapon, weapons or ammunition are necessary and
12 incident to fulfilling the terms of such contract.
13 (7) A person possessing a rifle with a barrel or
14 barrels less than 16 inches in length if: (A) the person
15 has been issued a Curios and Relics license from the U.S.
16 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
17 (B) the person is an active member of a bona fide,
18 nationally recognized military re-enacting group and the
19 modification is required and necessary to accurately
20 portray the weapon for historical re-enactment purposes;
21 the re-enactor is in possession of a valid and current
22 re-enacting group membership credential; and the overall
23 length of the weapon as modified is not less than 26
24 inches.
25 (d) Subsection 24-1(a)(1) does not apply to the purchase,
26possession or carrying of a black-jack or slung-shot by a

HB4376- 209 -LRB102 21797 RLC 30917 b
1peace officer.
2 (e) Subsection 24-1(a)(8) does not apply to any owner,
3manager or authorized employee of any place specified in that
4subsection nor to any law enforcement officer.
5 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
6Section 24-1.6 do not apply to members of any club or
7organization organized for the purpose of practicing shooting
8at targets upon established target ranges, whether public or
9private, while using their firearms on those target ranges.
10 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
11to:
12 (1) Members of the Armed Services or Reserve Forces of
13 the United States or the Illinois National Guard, while in
14 the performance of their official duty.
15 (2) Bonafide collectors of antique or surplus military
16 ordnance.
17 (3) Laboratories having a department of forensic
18 ballistics, or specializing in the development of
19 ammunition or explosive ordnance.
20 (4) Commerce, preparation, assembly or possession of
21 explosive bullets by manufacturers of ammunition licensed
22 by the federal government, in connection with the supply
23 of those organizations and persons exempted by subdivision
24 (g)(1) of this Section, or like organizations and persons
25 outside this State, or the transportation of explosive
26 bullets to any organization or person exempted in this

HB4376- 210 -LRB102 21797 RLC 30917 b
1 Section by a common carrier or by a vehicle owned or leased
2 by an exempted manufacturer.
3 (g-5) Subsection 24-1(a)(6) does not apply to or affect
4persons licensed under federal law to manufacture any device
5or attachment of any kind designed, used, or intended for use
6in silencing the report of any firearm, firearms, or
7ammunition for those firearms equipped with those devices, and
8actually engaged in the business of manufacturing those
9devices, firearms, or ammunition, but only with respect to
10activities that are within the lawful scope of that business,
11such as the manufacture, transportation, or testing of those
12devices, firearms, or ammunition. This exemption does not
13authorize the general private possession of any device or
14attachment of any kind designed, used, or intended for use in
15silencing the report of any firearm, but only such possession
16and activities as are within the lawful scope of a licensed
17manufacturing business described in this subsection (g-5).
18During transportation, these devices shall be detached from
19any weapon or not immediately accessible.
20 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2124-1.6 do not apply to or affect any parole agent or parole
22supervisor who meets the qualifications and conditions
23prescribed in Section 3-14-1.5 of the Unified Code of
24Corrections.
25 (g-7) Subsection 24-1(a)(6) does not apply to a peace
26officer while serving as a member of a tactical response team

HB4376- 211 -LRB102 21797 RLC 30917 b
1or special operations team. A peace officer may not personally
2own or apply for ownership of a device or attachment of any
3kind designed, used, or intended for use in silencing the
4report of any firearm. These devices shall be owned and
5maintained by lawfully recognized units of government whose
6duties include the investigation of criminal acts.
7 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
824-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
9athlete's possession, transport on official Olympic and
10Paralympic transit systems established for athletes, or use of
11competition firearms sanctioned by the International Olympic
12Committee, the International Paralympic Committee, the
13International Shooting Sport Federation, or USA Shooting in
14connection with such athlete's training for and participation
15in shooting competitions at the 2016 Olympic and Paralympic
16Games and sanctioned test events leading up to the 2016
17Olympic and Paralympic Games.
18 (h) An information or indictment based upon a violation of
19any subsection of this Article need not negative any
20exemptions contained in this Article. The defendant shall have
21the burden of proving such an exemption.
22 (i) Nothing in this Article shall prohibit, apply to, or
23affect the transportation, carrying, or possession, of any
24pistol or revolver, stun gun, taser, or other firearm
25consigned to a common carrier operating under license of the
26State of Illinois or the federal government, where such

HB4376- 212 -LRB102 21797 RLC 30917 b
1transportation, carrying, or possession is incident to the
2lawful transportation in which such common carrier is engaged;
3and nothing in this Article shall prohibit, apply to, or
4affect the transportation, carrying, or possession of any
5pistol, revolver, stun gun, taser, or other firearm, not the
6subject of and regulated by subsection 24-1(a)(7) or
7subsection 24-2(c) of this Article, which is unloaded and
8enclosed in a case, firearm carrying box, shipping box, or
9other container, by the possessor of a valid Firearm Owners
10Identification Card.
11(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
12 (Text of Section after amendment by P.A. 102-152)
13 Sec. 24-2. Exemptions.
14 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1524-1(a)(13) and Section 24-1.6 do not apply to or affect any of
16the following:
17 (1) Peace officers, and any person summoned by a peace
18 officer to assist in making arrests or preserving the
19 peace, while actually engaged in assisting such officer.
20 (2) Wardens, superintendents and keepers of prisons,
21 penitentiaries, jails and other institutions for the
22 detention of persons accused or convicted of an offense,
23 while in the performance of their official duty, or while
24 commuting between their homes and places of employment.
25 (3) Members of the Armed Services or Reserve Forces of

HB4376- 213 -LRB102 21797 RLC 30917 b
1 the United States or the Illinois National Guard or the
2 Reserve Officers Training Corps, while in the performance
3 of their official duty.
4 (4) Special agents employed by a railroad or a public
5 utility to perform police functions, and guards of armored
6 car companies, while actually engaged in the performance
7 of the duties of their employment or commuting between
8 their homes and places of employment; and watchmen while
9 actually engaged in the performance of the duties of their
10 employment.
11 (5) Persons licensed as private security contractors,
12 private detectives, or private alarm contractors, or
13 employed by a private security contractor, private
14 detective, or private alarm contractor agency licensed by
15 the Department of Financial and Professional Regulation,
16 if their duties include the carrying of a weapon under the
17 provisions of the Private Detective, Private Alarm,
18 Private Security, Fingerprint Vendor, and Locksmith Act of
19 2004, while actually engaged in the performance of the
20 duties of their employment or commuting between their
21 homes and places of employment. A person shall be
22 considered eligible for this exemption if he or she has
23 completed the required 20 hours of training for a private
24 security contractor, private detective, or private alarm
25 contractor, or employee of a licensed private security
26 contractor, private detective, or private alarm contractor

HB4376- 214 -LRB102 21797 RLC 30917 b
1 agency and 28 hours of required firearm training, and has
2 been issued a firearm control card by the Department of
3 Financial and Professional Regulation. Conditions for the
4 renewal of firearm control cards issued under the
5 provisions of this Section shall be the same as for those
6 cards issued under the provisions of the Private
7 Detective, Private Alarm, Private Security, Fingerprint
8 Vendor, and Locksmith Act of 2004. The firearm control
9 card shall be carried by the private security contractor,
10 private detective, or private alarm contractor, or
11 employee of the licensed private security contractor,
12 private detective, or private alarm contractor agency at
13 all times when he or she is in possession of a concealable
14 weapon permitted by his or her firearm control card.
15 (6) Any person regularly employed in a commercial or
16 industrial operation as a security guard for the
17 protection of persons employed and private property
18 related to such commercial or industrial operation, while
19 actually engaged in the performance of his or her duty or
20 traveling between sites or properties belonging to the
21 employer, and who, as a security guard, is a member of a
22 security force registered with the Department of Financial
23 and Professional Regulation; provided that such security
24 guard has successfully completed a course of study,
25 approved by and supervised by the Department of Financial
26 and Professional Regulation, consisting of not less than

HB4376- 215 -LRB102 21797 RLC 30917 b
1 48 hours of training that includes the theory of law
2 enforcement, liability for acts, and the handling of
3 weapons. A person shall be considered eligible for this
4 exemption if he or she has completed the required 20 hours
5 of training for a security officer and 28 hours of
6 required firearm training, and has been issued a firearm
7 control card by the Department of Financial and
8 Professional Regulation. Conditions for the renewal of
9 firearm control cards issued under the provisions of this
10 Section shall be the same as for those cards issued under
11 the provisions of the Private Detective, Private Alarm,
12 Private Security, Fingerprint Vendor, and Locksmith Act of
13 2004. The firearm control card shall be carried by the
14 security guard at all times when he or she is in possession
15 of a concealable weapon permitted by his or her firearm
16 control card.
17 (7) Agents and investigators of the Illinois
18 Legislative Investigating Commission authorized by the
19 Commission to carry the weapons specified in subsections
20 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
21 any investigation for the Commission.
22 (8) Persons employed by a financial institution as a
23 security guard for the protection of other employees and
24 property related to such financial institution, while
25 actually engaged in the performance of their duties,
26 commuting between their homes and places of employment, or

HB4376- 216 -LRB102 21797 RLC 30917 b
1 traveling between sites or properties owned or operated by
2 such financial institution, and who, as a security guard,
3 is a member of a security force registered with the
4 Department; provided that any person so employed has
5 successfully completed a course of study, approved by and
6 supervised by the Department of Financial and Professional
7 Regulation, consisting of not less than 48 hours of
8 training which includes theory of law enforcement,
9 liability for acts, and the handling of weapons. A person
10 shall be considered to be eligible for this exemption if
11 he or she has completed the required 20 hours of training
12 for a security officer and 28 hours of required firearm
13 training, and has been issued a firearm control card by
14 the Department of Financial and Professional Regulation.
15 Conditions for renewal of firearm control cards issued
16 under the provisions of this Section shall be the same as
17 for those issued under the provisions of the Private
18 Detective, Private Alarm, Private Security, Fingerprint
19 Vendor, and Locksmith Act of 2004. The firearm control
20 card shall be carried by the security guard at all times
21 when he or she is in possession of a concealable weapon
22 permitted by his or her firearm control card. For purposes
23 of this subsection, "financial institution" means a bank,
24 savings and loan association, credit union or company
25 providing armored car services.
26 (9) Any person employed by an armored car company to

HB4376- 217 -LRB102 21797 RLC 30917 b
1 drive an armored car, while actually engaged in the
2 performance of his duties.
3 (10) Persons who have been classified as peace
4 officers pursuant to the Peace Officer Fire Investigation
5 Act.
6 (11) Investigators of the Office of the State's
7 Attorneys Appellate Prosecutor authorized by the board of
8 governors of the Office of the State's Attorneys Appellate
9 Prosecutor to carry weapons pursuant to Section 7.06 of
10 the State's Attorneys Appellate Prosecutor's Act.
11 (12) Special investigators appointed by a State's
12 Attorney under Section 3-9005 of the Counties Code.
13 (12.5) Probation officers while in the performance of
14 their duties, or while commuting between their homes,
15 places of employment or specific locations that are part
16 of their assigned duties, with the consent of the chief
17 judge of the circuit for which they are employed, if they
18 have received weapons training according to requirements
19 of the Peace Officer and Probation Officer Firearm
20 Training Act.
21 (13) Court Security Officers while in the performance
22 of their official duties, or while commuting between their
23 homes and places of employment, with the consent of the
24 Sheriff.
25 (13.5) A person employed as an armed security guard at
26 a nuclear energy, storage, weapons or development site or

HB4376- 218 -LRB102 21797 RLC 30917 b
1 facility regulated by the Nuclear Regulatory Commission
2 who has completed the background screening and training
3 mandated by the rules and regulations of the Nuclear
4 Regulatory Commission.
5 (14) Manufacture, transportation, or sale of weapons
6 to persons authorized under subdivisions (1) through
7 (13.5) of this subsection to possess those weapons.
8 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
9to or affect any person carrying a concealed pistol, revolver,
10or handgun and the person has been issued a currently valid
11license under the Firearm Concealed Carry Act at the time of
12the commission of the offense.
13 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
14to or affect a qualified current or retired law enforcement
15officer qualified under the laws of this State or under the
16federal Law Enforcement Officers Safety Act.
17 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1824-1.6 do not apply to or affect any of the following:
19 (1) Members of any club or organization organized for
20 the purpose of practicing shooting at targets upon
21 established target ranges, whether public or private, and
22 patrons of such ranges, while such members or patrons are
23 using their firearms on those target ranges.
24 (2) Duly authorized military or civil organizations
25 while parading, with the special permission of the
26 Governor.

HB4376- 219 -LRB102 21797 RLC 30917 b
1 (3) Hunters, trappers or fishermen with a license or
2 permit while engaged in hunting, trapping or fishing.
3 (4) Transportation of weapons that are broken down in
4 a non-functioning state or are not immediately accessible.
5 (5) Carrying or possessing any pistol, revolver, stun
6 gun or taser or other firearm on the land or in the legal
7 dwelling of another person as an invitee with that
8 person's permission.
9 (c) Subsection 24-1(a)(7) does not apply to or affect any
10of the following:
11 (1) Peace officers while in performance of their
12 official duties.
13 (2) Wardens, superintendents and keepers of prisons,
14 penitentiaries, jails and other institutions for the
15 detention of persons accused or convicted of an offense.
16 (3) Members of the Armed Services or Reserve Forces of
17 the United States or the Illinois National Guard, while in
18 the performance of their official duty.
19 (4) Manufacture, transportation, or sale of machine
20 guns to persons authorized under subdivisions (1) through
21 (3) of this subsection to possess machine guns, if the
22 machine guns are broken down in a non-functioning state or
23 are not immediately accessible.
24 (5) Persons licensed under federal law to manufacture
25 any weapon from which 8 or more shots or bullets can be
26 discharged by a single function of the firing device, or

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

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

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1organization organized for the purpose of practicing shooting
2at targets upon established target ranges, whether public or
3private, while using their firearms on those target ranges.
4 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
5to:
6 (1) Members of the Armed Services or Reserve Forces of
7 the United States or the Illinois National Guard, while in
8 the performance of their official duty.
9 (2) Bonafide collectors of antique or surplus military
10 ordnance.
11 (3) Laboratories having a department of forensic
12 ballistics, or specializing in the development of
13 ammunition or explosive ordnance.
14 (4) Commerce, preparation, assembly or possession of
15 explosive bullets by manufacturers of ammunition licensed
16 by the federal government, in connection with the supply
17 of 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
25or attachment of any kind designed, used, or intended for use
26in silencing the report of any firearm, firearms, or

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

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1 (g-10) (Blank).
2 (h) An information or indictment based upon a violation of
3any subsection of this Article need not negative any
4exemptions contained in this Article. The defendant shall have
5the burden of proving such an exemption.
6 (i) Nothing in this Article shall prohibit, apply to, or
7affect the transportation, carrying, or possession, of any
8pistol or revolver, stun gun, taser, or other firearm
9consigned to a common carrier operating under license of the
10State of Illinois or the federal government, where such
11transportation, carrying, or possession is incident to the
12lawful transportation in which such common carrier is engaged;
13and nothing in this Article shall prohibit, apply to, or
14affect the transportation, carrying, or possession of any
15pistol, revolver, stun gun, taser, or other firearm, not the
16subject of and regulated by subsection 24-1(a)(7) or
17subsection 24-2(c) of this Article, which is unloaded and
18enclosed in a case, firearm carrying box, shipping box, or
19other container, by a person eligible under State and federal
20law to possess a firearm the possessor of a valid Firearm
21Owners Identification Card.
22(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)
23 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
24 Sec. 24-3. Unlawful sale or delivery of firearms.
25 (A) A person commits the offense of unlawful sale or

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1delivery of firearms when he or she knowingly does any of the
2following:
3 (a) Sells or gives any firearm of a size which may be
4 concealed upon the person to any person under 18 years of
5 age.
6 (b) Sells or gives any firearm to a person under 21
7 years of age who has been convicted of a misdemeanor other
8 than a traffic offense or adjudged delinquent.
9 (c) Sells or gives any firearm to any narcotic addict.
10 (d) Sells or gives any firearm to any person who has
11 been convicted of a felony under the laws of this or any
12 other jurisdiction.
13 (e) Sells or gives any firearm to any person who has
14 been a patient in a mental institution within the past 5
15 years. In this subsection (e):
16 "Mental institution" means any hospital,
17 institution, clinic, evaluation facility, mental
18 health center, or part thereof, which is used
19 primarily for the care or treatment of persons with
20 mental illness.
21 "Patient in a mental institution" means the person
22 was admitted, either voluntarily or involuntarily, to
23 a mental institution for mental health treatment,
24 unless the treatment was voluntary and solely for an
25 alcohol abuse disorder and no other secondary
26 substance abuse disorder or mental illness.

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1 (f) Sells or gives any firearms to any person who is a
2 person with an intellectual disability.
3 (g) Delivers any firearm, incidental to a sale,
4 without withholding delivery of the firearm for at least
5 72 hours after application for its purchase has been made,
6 or delivers a stun gun or taser, incidental to a sale,
7 without withholding delivery of the stun gun or taser for
8 at least 24 hours after application for its purchase has
9 been made. However, this paragraph (g) does not apply to:
10 (1) the sale of a firearm to a law enforcement officer if
11 the seller of the firearm knows that the person to whom he
12 or she is selling the firearm is a law enforcement officer
13 or the sale of a firearm to a person who desires to
14 purchase a firearm for use in promoting the public
15 interest incident to his or her employment as a bank
16 guard, armed truck guard, or other similar employment; (2)
17 a mail order sale of a firearm from a federally licensed
18 firearms dealer to a nonresident of Illinois under which
19 the firearm is mailed to a federally licensed firearms
20 dealer outside the boundaries of Illinois; (3) (blank);
21 (4) the sale of a firearm to a dealer licensed as a federal
22 firearms dealer under Section 923 of the federal Gun
23 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
24 sale of any rifle, shotgun, or other long gun to a resident
25 registered competitor or attendee or non-resident
26 registered competitor or attendee by any dealer licensed

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

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

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

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

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1 a firearm with knowledge that its serial number has been
2 removed or altered has knowledge that the firearm is
3 stolen or converted.
4 (B) Paragraph (h) of subsection (A) does not include
5firearms sold within 6 months after enactment of Public Act
678-355 (approved August 21, 1973, effective October 1, 1973),
7nor is any firearm legally owned or possessed by any citizen or
8purchased by any citizen within 6 months after the enactment
9of Public Act 78-355 subject to confiscation or seizure under
10the provisions of that Public Act. Nothing in Public Act
1178-355 shall be construed to prohibit the gift or trade of any
12firearm if that firearm was legally held or acquired within 6
13months after the enactment of that Public Act.
14 (C) Sentence.
15 (1) Any person convicted of unlawful sale or delivery
16 of firearms in violation of paragraph (c), (e), (f), (g),
17 or (h) of subsection (A) commits a Class 4 felony.
18 (2) Any person convicted of unlawful sale or delivery
19 of firearms in violation of paragraph (b) or (i) of
20 subsection (A) commits a Class 3 felony.
21 (3) Any person convicted of unlawful sale or delivery
22 of firearms in violation of paragraph (a) of subsection
23 (A) commits a Class 2 felony.
24 (4) Any person convicted of unlawful sale or delivery
25 of firearms in violation of paragraph (a), (b), or (i) of
26 subsection (A) in any school, on the real property

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

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1 development, in a public park, in a courthouse, on
2 residential property owned, operated, or managed by a
3 public housing agency or leased by a public housing agency
4 as part of a scattered site or mixed-income development,
5 on the real property comprising any public park, on the
6 real property comprising any courthouse, or on any public
7 way within 1,000 feet of the real property comprising any
8 public park, courthouse, or residential property