Bill Text: IL HB4411 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective January 1, 2021.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2020-02-03 - Referred to Rules Committee [HB4411 Detail]

Download: Illinois-2019-HB4411-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4411

Introduced , by Rep. Allen Skillicorn

SYNOPSIS AS INTRODUCED:
See Index

Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective January 1, 2021.
LRB101 19800 RLC 69311 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB4411LRB101 19800 RLC 69311 b
1 AN ACT concerning firearms.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other records
19 prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating

HB4411- 2 -LRB101 19800 RLC 69311 b
1 to known or suspected cases of sexually transmissible
2 disease or any information the disclosure of which is
3 restricted under the Illinois Sexually Transmissible
4 Disease Control Act.
5 (e) Information the disclosure of which is exempted
6 under Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of
8 the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (g) Information the disclosure of which is restricted
11 and exempted under Section 50 of the Illinois Prepaid
12 Tuition Act.
13 (h) Information the disclosure of which is exempted
14 under the State Officials and Employees Ethics Act, and
15 records of any lawfully created State or local inspector
16 general's office that would be exempt if created or
17 obtained by an Executive Inspector General's office under
18 that Act.
19 (i) Information contained in a local emergency energy
20 plan submitted to a municipality in accordance with a local
21 emergency energy plan ordinance that is adopted under
22 Section 11-21.5-5 of the Illinois Municipal Code.
23 (j) Information and data concerning the distribution
24 of surcharge moneys collected and remitted by carriers
25 under the Emergency Telephone System Act.
26 (k) Law enforcement officer identification information

HB4411- 3 -LRB101 19800 RLC 69311 b
1 or driver identification information compiled by a law
2 enforcement agency or the Department of Transportation
3 under Section 11-212 of the Illinois Vehicle Code.
4 (l) Records and information provided to a residential
5 health care facility resident sexual assault and death
6 review team or the Executive Council under the Abuse
7 Prevention Review Team Act.
8 (m) Information provided to the predatory lending
9 database created pursuant to Article 3 of the Residential
10 Real Property Disclosure Act, except to the extent
11 authorized under that Article.
12 (n) Defense budgets and petitions for certification of
13 compensation and expenses for court appointed trial
14 counsel as provided under Sections 10 and 15 of the Capital
15 Crimes Litigation Act. This subsection (n) shall apply
16 until the conclusion of the trial of the case, even if the
17 prosecution chooses not to pursue the death penalty prior
18 to trial or sentencing.
19 (o) Information that is prohibited from being
20 disclosed under Section 4 of the Illinois Health and
21 Hazardous Substances Registry Act.
22 (p) Security portions of system safety program plans,
23 investigation reports, surveys, schedules, lists, data, or
24 information compiled, collected, or prepared by or for the
25 Regional Transportation Authority under Section 2.11 of
26 the Regional Transportation Authority Act or the St. Clair

HB4411- 4 -LRB101 19800 RLC 69311 b
1 County Transit District under the Bi-State Transit Safety
2 Act.
3 (q) Information prohibited from being disclosed by the
4 Personnel Record Review Act.
5 (r) Information prohibited from being disclosed by the
6 Illinois School Student Records Act.
7 (s) Information the disclosure of which is restricted
8 under Section 5-108 of the Public Utilities Act.
9 (t) All identified or deidentified health information
10 in the form of health data or medical records contained in,
11 stored in, submitted to, transferred by, or released from
12 the Illinois Health Information Exchange, and identified
13 or deidentified health information in the form of health
14 data and medical records of the Illinois Health Information
15 Exchange in the possession of the Illinois Health
16 Information Exchange Authority due to its administration
17 of the Illinois Health Information Exchange. The terms
18 "identified" and "deidentified" shall be given the same
19 meaning as in the Health Insurance Portability and
20 Accountability Act of 1996, Public Law 104-191, or any
21 subsequent amendments thereto, and any regulations
22 promulgated thereunder.
23 (u) Records and information provided to an independent
24 team of experts under the Developmental Disability and
25 Mental Health Safety Act (also known as Brian's Law).
26 (v) Names and information of people who have applied

HB4411- 5 -LRB101 19800 RLC 69311 b
1 for or received Firearm Owner's Identification Cards under
2 the Firearm Owners Identification Card Act before the
3 effective date of this amendatory Act of the 101st General
4 Assembly or applied for or received a concealed carry
5 license under the Firearm Concealed Carry Act, unless
6 otherwise authorized by the Firearm Concealed Carry Act;
7 and databases under the Firearm Concealed Carry Act,
8 records of the Concealed Carry Licensing Review Board under
9 the Firearm Concealed Carry Act, and law enforcement agency
10 objections under the Firearm Concealed Carry Act.
11 (w) Personally identifiable information which is
12 exempted from disclosure under subsection (g) of Section
13 19.1 of the Toll Highway Act.
14 (x) Information which is exempted from disclosure
15 under Section 5-1014.3 of the Counties Code or Section
16 8-11-21 of the Illinois Municipal Code.
17 (y) Confidential information under the Adult
18 Protective Services Act and its predecessor enabling
19 statute, the Elder Abuse and Neglect Act, including
20 information about the identity and administrative finding
21 against any caregiver of a verified and substantiated
22 decision of abuse, neglect, or financial exploitation of an
23 eligible adult maintained in the Registry established
24 under Section 7.5 of the Adult Protective Services Act.
25 (z) Records and information provided to a fatality
26 review team or the Illinois Fatality Review Team Advisory

HB4411- 6 -LRB101 19800 RLC 69311 b
1 Council under Section 15 of the Adult Protective Services
2 Act.
3 (aa) Information which is exempted from disclosure
4 under Section 2.37 of the Wildlife Code.
5 (bb) Information which is or was prohibited from
6 disclosure by the Juvenile Court Act of 1987.
7 (cc) Recordings made under the Law Enforcement
8 Officer-Worn Body Camera Act, except to the extent
9 authorized under that Act.
10 (dd) Information that is prohibited from being
11 disclosed under Section 45 of the Condominium and Common
12 Interest Community Ombudsperson Act.
13 (ee) Information that is exempted from disclosure
14 under Section 30.1 of the Pharmacy Practice Act.
15 (ff) Information that is exempted from disclosure
16 under the Revised Uniform Unclaimed Property Act.
17 (gg) Information that is prohibited from being
18 disclosed under Section 7-603.5 of the Illinois Vehicle
19 Code.
20 (hh) Records that are exempt from disclosure under
21 Section 1A-16.7 of the Election Code.
22 (ii) Information which is exempted from disclosure
23 under Section 2505-800 of the Department of Revenue Law of
24 the Civil Administrative Code of Illinois.
25 (jj) Information and reports that are required to be
26 submitted to the Department of Labor by registering day and

HB4411- 7 -LRB101 19800 RLC 69311 b
1 temporary labor service agencies but are exempt from
2 disclosure under subsection (a-1) of Section 45 of the Day
3 and Temporary Labor Services Act.
4 (kk) Information prohibited from disclosure under the
5 Seizure and Forfeiture Reporting Act.
6 (ll) Information the disclosure of which is restricted
7 and exempted under Section 5-30.8 of the Illinois Public
8 Aid Code.
9 (mm) Records that are exempt from disclosure under
10 Section 4.2 of the Crime Victims Compensation Act.
11 (nn) Information that is exempt from disclosure under
12 Section 70 of the Higher Education Student Assistance Act.
13 (oo) Communications, notes, records, and reports
14 arising out of a peer support counseling session prohibited
15 from disclosure under the First Responders Suicide
16 Prevention Act.
17 (pp) Names and all identifying information relating to
18 an employee of an emergency services provider or law
19 enforcement agency under the First Responders Suicide
20 Prevention Act.
21 (qq) Information and records held by the Department of
22 Public Health and its authorized representatives collected
23 under the Reproductive Health Act.
24 (rr) Information that is exempt from disclosure under
25 the Cannabis Regulation and Tax Act.
26 (ss) Data reported by an employer to the Department of

HB4411- 8 -LRB101 19800 RLC 69311 b
1 Human Rights pursuant to Section 2-108 of the Illinois
2 Human Rights Act.
3 (tt) Recordings made under the Children's Advocacy
4 Center Act, except to the extent authorized under that Act.
5 (uu) Information that is exempt from disclosure under
6 Section 50 of the Sexual Assault Evidence Submission Act.
7 (vv) Information that is exempt from disclosure under
8 subsections (f) and (j) of Section 5-36 of the Illinois
9 Public Aid Code.
10 (ww) Information that is exempt from disclosure under
11 Section 16.8 of the State Treasurer Act.
12 (xx) Information that is exempt from disclosure or
13 information that shall not be made public under the
14 Illinois Insurance Code.
15 (yy) (oo) Information prohibited from being disclosed
16 under the Illinois Educational Labor Relations Act.
17 (zz) (pp) Information prohibited from being disclosed
18 under the Illinois Public Labor Relations Act.
19 (aaa) (qq) Information prohibited from being disclosed
20 under Section 1-167 of the Illinois Pension Code.
21(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
22100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
238-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
24eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
25100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
266-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,

HB4411- 9 -LRB101 19800 RLC 69311 b
1eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
2101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
31-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; revised
41-6-20.)
5 Section 6. The Gun Trafficking Information Act is amended
6by changing Section 10-5 as follows:
7 (5 ILCS 830/10-5)
8 Sec. 10-5. Gun trafficking information.
9 (a) The Department of State Police shall use all reasonable
10efforts in making publicly available, on a regular and ongoing
11basis, key information related to firearms used in the
12commission of crimes in this State, including, but not limited
13to: reports on crimes committed with firearms, locations where
14the crimes occurred, the number of persons killed or injured in
15the commission of the crimes, the state where the firearms used
16originated, the Federal Firearms Licensee that sold the
17firearm, and the type of firearms used. The Department shall
18make the information available on its website, in addition to
19electronically filing a report with the Governor and the
20General Assembly. The report to the General Assembly shall be
21filed with the Clerk of the House of Representatives and the
22Secretary of the Senate in electronic form only, in the manner
23that the Clerk and the Secretary shall direct.
24 (b) The Department shall study, on a regular and ongoing

HB4411- 10 -LRB101 19800 RLC 69311 b
1basis, and compile reports on the number of NICS Firearm
2Owner's Identification Card checks to determine firearms
3trafficking or straw purchase patterns. The Department shall,
4to the extent not inconsistent with law, share such reports and
5underlying data with academic centers, foundations, and law
6enforcement agencies studying firearms trafficking, provided
7that personally identifying information is protected. For
8purposes of this subsection (b), a Firearm Owner's
9Identification Card number is not personally identifying
10information, provided that no other personal information of the
11card holder is attached to the record. The Department may
12create and attach an alternate unique identifying number to
13each Firearm Owner's Identification Card number, instead of
14releasing the Firearm Owner's Identification Card number
15itself.
16 (c) Each department, office, division, and agency of this
17State shall, to the extent not inconsistent with law, cooperate
18fully with the Department and furnish the Department with all
19relevant information and assistance on a timely basis as is
20necessary to accomplish the purpose of this Act. The Illinois
21Criminal Justice Information Authority shall submit the
22information required in subsection (a) of this Section to the
23Department of State Police, and any other information as the
24Department may request, to assist the Department in carrying
25out its duties under this Act.
26(Source: P.A. 100-1178, eff. 1-18-19.)

HB4411- 11 -LRB101 19800 RLC 69311 b
1 Section 7. The Department of Natural Resources
2(Conservation) Law of the Civil Administrative Code of Illinois
3is amended by changing Section 805-538 as follows:
4 (20 ILCS 805/805-538)
5 Sec. 805-538. Retiring officer; purchase of service
6firearm and police badge. The Director of Natural Resources
7shall establish a program to allow a Conservation Police
8Officer who is honorably retiring in good standing to purchase
9either one or both of the following: (1) any Department of
10Natural Resources police badge previously issued to that
11officer; or (2) if the officer has a currently valid Firearm
12Owner's Identification Card, the service firearm issued or
13previously issued to the officer by the Department of Natural
14Resources. The cost of the firearm shall be the replacement
15value of the firearm and not the firearm's fair market value.
16(Source: P.A. 100-931, eff. 8-17-18.)
17 Section 10. The Department of State Police Law of the Civil
18Administrative Code of Illinois is amended by changing Sections
192605-45, 2605-300, and 2605-595 as follows:
20 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
21 Sec. 2605-45. Division of Justice Services. The Division of
22Justice Services shall exercise the following functions:

HB4411- 12 -LRB101 19800 RLC 69311 b
1 (1) (Blank).
2 (2) Pursue research and the publication of studies
3 pertaining to local law enforcement activities.
4 (3) (Blank).
5 (4) Operate an electronic data processing and computer
6 center for the storage and retrieval of data pertaining to
7 criminal activity.
8 (5) Exercise the rights, powers, and duties vested in
9 the former Division of State Troopers by Section 17 of the
10 State Police Act.
11 (6) (Blank).
12 (6.5) (Blank). Exercise the rights, powers, and duties
13 vested in the Department by the Firearm Owners
14 Identification Card Act.
15 (7) Exercise other duties that may be assigned by the
16 Director to fulfill the responsibilities and achieve the
17 purposes of the Department.
18 (8) Exercise the rights, powers, and duties vested by
19 law in the Department by the Criminal Identification Act.
20(Source: P.A. 101-378, eff. 1-1-20.)
21 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
22 Sec. 2605-300. Records; crime laboratories; personnel. To
23do the following:
24 (1) Be a central repository and custodian of criminal
25 statistics for the State.

HB4411- 13 -LRB101 19800 RLC 69311 b
1 (2) Be a central repository for criminal history record
2 information.
3 (3) Procure and file for record information that is
4 necessary and helpful to plan programs of crime prevention,
5 law enforcement, and criminal justice.
6 (4) Procure and file for record copies of fingerprints
7 that may be required by law.
8 (5) Establish general and field crime laboratories.
9 (6) Register and file for record information that may
10 be required by law for the issuance of firearm owner's
11 identification cards under the Firearm Owners
12 Identification Card Act and concealed carry licenses under
13 the Firearm Concealed Carry Act.
14 (7) Employ laboratory technicians and other specially
15 qualified persons to aid in the identification of criminal
16 activity, and may employ polygraph operators.
17 (8) Undertake other identification, information,
18 laboratory, statistical, or registration activities that
19 may be required by law.
20(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)
21 (20 ILCS 2605/2605-595)
22 Sec. 2605-595. State Police Firearm Services Fund.
23 (a) There is created in the State treasury a special fund
24known as the State Police Firearm Services Fund. The Fund shall
25receive revenue under the Firearm Concealed Carry Act and

HB4411- 14 -LRB101 19800 RLC 69311 b
1Section 5 of the Firearm Owners Identification Card Act. The
2Fund may also receive revenue from grants, pass-through grants,
3donations, appropriations, and any other legal source.
4 (b) The Department of State Police may use moneys in the
5Fund to finance any of its lawful purposes, mandates,
6functions, and duties under the Firearm Owners Identification
7Card Act and the Firearm Concealed Carry Act, including the
8cost of sending notices of expiration of Firearm Owner's
9Identification Cards, concealed carry licenses, the prompt and
10efficient processing of applications under the Firearm Owners
11Identification Card Act and the Firearm Concealed Carry Act,
12the improved efficiency and reporting of the LEADS and federal
13NICS law enforcement data systems, and support for
14investigations required under that Act these Acts and law. Any
15surplus funds beyond what is needed to comply with the
16aforementioned purposes shall be used by the Department to
17improve the Law Enforcement Agencies Data System (LEADS) and
18criminal history background check system.
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. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
23 (20 ILCS 2605/2605-120 rep.)
24 (20 ILCS 2605/2605-610 rep.)
25 Section 15. The Department of State Police Law of the Civil

HB4411- 15 -LRB101 19800 RLC 69311 b
1Administrative Code of Illinois is amended by repealing
2Sections 2605-120 and 2605-610.
3 Section 16. The State Police Act is amended by changing
4Section 17b as follows:
5 (20 ILCS 2610/17b)
6 Sec. 17b. Retiring officer; purchase of service firearm and
7police badge. The Director of State Police shall establish a
8policy to allow a State Police officer who is honorably
9retiring or separating in good standing to purchase either one
10or both of the following: (i) any State Police badge previously
11issued to that officer; or (ii) if the officer has a currently
12valid Firearm Owner's Identification Card, the service firearm
13issued or previously issued to the officer by the Department of
14State Police. The cost of the firearm purchased shall be the
15replacement value of the firearm and not the firearm's fair
16market value.
17(Source: P.A. 100-931, eff. 8-17-18.)
18 Section 20. The Criminal Identification Act is amended by
19changing Section 2.2 as follows:
20 (20 ILCS 2630/2.2)
21 Sec. 2.2. Notification to the Department. Upon judgment of
22conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,

HB4411- 16 -LRB101 19800 RLC 69311 b
112-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
2Code of 2012 when the defendant has been determined, pursuant
3to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
4to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the
5circuit court clerk shall include notification and a copy of
6the written determination in a report of the conviction to the
7Department of State Police Firearm Owner's Identification Card
8Office to enable the Illinois State Police office to perform
9its duties under the Firearm Concealed Carry Act and Sections 4
10and 8 of the Firearm Owners Identification Card Act and to
11report that determination to the Federal Bureau of
12Investigation to assist the Federal Bureau of Investigation in
13identifying persons prohibited from purchasing and possessing
14a firearm pursuant to the provisions of 18 U.S.C. 922. The
15written determination described in this Section shall be
16included in the defendant's record of arrest and conviction in
17the manner and form prescribed by the Department of State
18Police.
19(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
20 Section 25. The State Finance Act is amended by changing
21Section 6z-99 as follows:
22 (30 ILCS 105/6z-99)
23 Sec. 6z-99. The Mental Health Reporting Fund.
24 (a) There is created in the State treasury a special fund

HB4411- 17 -LRB101 19800 RLC 69311 b
1known as the Mental Health Reporting Fund. The Fund shall
2receive revenue under the Firearm Concealed Carry Act. The Fund
3may also receive revenue from grants, pass-through grants,
4donations, appropriations, and any other legal source.
5 (b) The Department of State Police and Department of Human
6Services shall coordinate to use moneys in the Fund to finance
7their respective duties of collecting and reporting data on
8mental health records and ensuring that mental health firearm
9possession prohibitors are enforced as set forth under the
10Firearm Concealed Carry Act and the Firearm Owners
11Identification Card Act. Any surplus in the Fund beyond what is
12necessary to ensure compliance with mental health reporting
13under that Act these Acts shall be used by the Department of
14Human Services for mental health treatment programs.
15 (c) Investment income that is attributable to the
16investment of moneys in the Fund shall be retained in the Fund
17for the uses specified in this Section.
18(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
19 Section 30. The Peace Officer Firearm Training Act is
20amended by changing Section 1 as follows:
21 (50 ILCS 710/1) (from Ch. 85, par. 515)
22 Sec. 1. Definitions. As used in this Act:
23 (a) "Peace officer" means (i) any person who by virtue of
24his office or public employment is vested by law with a primary

HB4411- 18 -LRB101 19800 RLC 69311 b
1duty to maintain public order or to make arrests for offenses,
2whether that duty extends to all offenses or is limited to
3specific offenses, and who is employed in such capacity by any
4county or municipality or (ii) any retired law enforcement
5officers qualified under federal law to carry a concealed
6weapon.
7 (a-5) "Probation officer" means a county probation officer
8authorized by the Chief Judge of the Circuit Court to carry a
9firearm as part of his or her duties under Section 12 of the
10Probation and Probation Officers Act and Section 24-2 of the
11Criminal Code of 2012.
12 (b) "Firearms" means any weapon or device defined as a
13firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
14"An Act relating to the acquisition, possession and transfer of
15firearms and firearm ammunition, to provide a penalty for the
16violation thereof and to make an appropriation in connection
17therewith", approved August 3, 1967, as amended.
18(Source: P.A. 98-725, eff. 1-1-15.)
19 (50 ILCS 725/7.2 rep.)
20 Section 31. The Uniform Peace Officers' Disciplinary Act is
21amended by repealing Section 7.2.
22 Section 35. The School Code is amended by changing Sections
2310-22.6, 10-27.1A and 34-8.05 as follows:

HB4411- 19 -LRB101 19800 RLC 69311 b
1 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
2 Sec. 10-22.6. Suspension or expulsion of pupils; school
3searches.
4 (a) To expel pupils guilty of gross disobedience or
5misconduct, including gross disobedience or misconduct
6perpetuated by electronic means, pursuant to subsection (b-20)
7of this Section, and no action shall lie against them for such
8expulsion. Expulsion shall take place only after the parents
9have been requested to appear at a meeting of the board, or
10with a hearing officer appointed by it, to discuss their
11child's behavior. Such request shall be made by registered or
12certified mail and shall state the time, place and purpose of
13the meeting. The board, or a hearing officer appointed by it,
14at such meeting shall state the reasons for dismissal and the
15date on which the expulsion is to become effective. If a
16hearing officer is appointed by the board, he shall report to
17the board a written summary of the evidence heard at the
18meeting and the board may take such action thereon as it finds
19appropriate. If the board acts to expel a pupil, the written
20expulsion decision shall detail the specific reasons why
21removing the pupil from the learning environment is in the best
22interest of the school. The expulsion decision shall also
23include a rationale as to the specific duration of the
24expulsion. An expelled pupil may be immediately transferred to
25an alternative program in the manner provided in Article 13A or
2613B of this Code. A pupil must not be denied transfer because

HB4411- 20 -LRB101 19800 RLC 69311 b
1of the expulsion, except in cases in which such transfer is
2deemed to cause a threat to the safety of students or staff in
3the alternative program.
4 (b) To suspend or by policy to authorize the superintendent
5of the district or the principal, assistant principal, or dean
6of students of any school to suspend pupils guilty of gross
7disobedience or misconduct, or to suspend pupils guilty of
8gross disobedience or misconduct on the school bus from riding
9the school bus, pursuant to subsections (b-15) and (b-20) of
10this Section, and no action shall lie against them for such
11suspension. The board may by policy authorize the
12superintendent of the district or the principal, assistant
13principal, or dean of students of any school to suspend pupils
14guilty of such acts for a period not to exceed 10 school days.
15If a pupil is suspended due to gross disobedience or misconduct
16on a school bus, the board may suspend the pupil in excess of
1710 school days for safety reasons.
18 Any suspension shall be reported immediately to the parents
19or guardian of a pupil along with a full statement of the
20reasons for such suspension and a notice of their right to a
21review. The school board must be given a summary of the notice,
22including the reason for the suspension and the suspension
23length. Upon request of the parents or guardian, the school
24board or a hearing officer appointed by it shall review such
25action of the superintendent or principal, assistant
26principal, or dean of students. At such review, the parents or

HB4411- 21 -LRB101 19800 RLC 69311 b
1guardian of the pupil may appear and discuss the suspension
2with the board or its hearing officer. If a hearing officer is
3appointed by the board, he shall report to the board a written
4summary of the evidence heard at the meeting. After its hearing
5or upon receipt of the written report of its hearing officer,
6the board may take such action as it finds appropriate. If a
7student is suspended pursuant to this subsection (b), the board
8shall, in the written suspension decision, detail the specific
9act of gross disobedience or misconduct resulting in the
10decision to suspend. The suspension decision shall also include
11a rationale as to the specific duration of the suspension. A
12pupil who is suspended in excess of 20 school days may be
13immediately transferred to an alternative program in the manner
14provided in Article 13A or 13B of this Code. A pupil must not
15be denied transfer because of the suspension, except in cases
16in which such transfer is deemed to cause a threat to the
17safety of students or staff in the alternative program.
18 (b-5) Among the many possible disciplinary interventions
19and consequences available to school officials, school
20exclusions, such as out-of-school suspensions and expulsions,
21are the most serious. School officials shall limit the number
22and duration of expulsions and suspensions to the greatest
23extent practicable, and it is recommended that they use them
24only for legitimate educational purposes. To ensure that
25students are not excluded from school unnecessarily, it is
26recommended that school officials consider forms of

HB4411- 22 -LRB101 19800 RLC 69311 b
1non-exclusionary discipline prior to using out-of-school
2suspensions or expulsions.
3 (b-10) Unless otherwise required by federal law or this
4Code, school boards may not institute zero-tolerance policies
5by which school administrators are required to suspend or expel
6students for particular behaviors.
7 (b-15) Out-of-school suspensions of 3 days or less may be
8used only if the student's continuing presence in school would
9pose a threat to school safety or a disruption to other
10students' learning opportunities. For purposes of this
11subsection (b-15), "threat to school safety or a disruption to
12other students' learning opportunities" shall be determined on
13a case-by-case basis by the school board or its designee.
14School officials shall make all reasonable efforts to resolve
15such threats, address such disruptions, and minimize the length
16of suspensions to the greatest extent practicable.
17 (b-20) Unless otherwise required by this Code,
18out-of-school suspensions of longer than 3 days, expulsions,
19and disciplinary removals to alternative schools may be used
20only if other appropriate and available behavioral and
21disciplinary interventions have been exhausted and the
22student's continuing presence in school would either (i) pose a
23threat to the safety of other students, staff, or members of
24the school community or (ii) substantially disrupt, impede, or
25interfere with the operation of the school. For purposes of
26this subsection (b-20), "threat to the safety of other

HB4411- 23 -LRB101 19800 RLC 69311 b
1students, staff, or members of the school community" and
2"substantially disrupt, impede, or interfere with the
3operation of the school" shall be determined on a case-by-case
4basis by school officials. For purposes of this subsection
5(b-20), the determination of whether "appropriate and
6available behavioral and disciplinary interventions have been
7exhausted" shall be made by school officials. School officials
8shall make all reasonable efforts to resolve such threats,
9address such disruptions, and minimize the length of student
10exclusions to the greatest extent practicable. Within the
11suspension decision described in subsection (b) of this Section
12or the expulsion decision described in subsection (a) of this
13Section, it shall be documented whether other interventions
14were attempted or whether it was determined that there were no
15other appropriate and available interventions.
16 (b-25) Students who are suspended out-of-school for longer
17than 4 school days shall be provided appropriate and available
18support services during the period of their suspension. For
19purposes of this subsection (b-25), "appropriate and available
20support services" shall be determined by school authorities.
21Within the suspension decision described in subsection (b) of
22this Section, it shall be documented whether such services are
23to be provided or whether it was determined that there are no
24such appropriate and available services.
25 A school district may refer students who are expelled to
26appropriate and available support services.

HB4411- 24 -LRB101 19800 RLC 69311 b
1 A school district shall create a policy to facilitate the
2re-engagement of students who are suspended out-of-school,
3expelled, or returning from an alternative school setting.
4 (b-30) A school district shall create a policy by which
5suspended pupils, including those pupils suspended from the
6school bus who do not have alternate transportation to school,
7shall have the opportunity to make up work for equivalent
8academic credit. It shall be the responsibility of a pupil's
9parent or guardian to notify school officials that a pupil
10suspended from the school bus does not have alternate
11transportation to school.
12 (c) The Department of Human Services shall be invited to
13send a representative to consult with the board at such meeting
14whenever there is evidence that mental illness may be the cause
15for expulsion or suspension.
16 (c-5) School districts shall make reasonable efforts to
17provide ongoing professional development to teachers,
18administrators, school board members, school resource
19officers, and staff on the adverse consequences of school
20exclusion and justice-system involvement, effective classroom
21management strategies, culturally responsive discipline, the
22appropriate and available supportive services for the
23promotion of student attendance and engagement, and
24developmentally appropriate disciplinary methods that promote
25positive and healthy school climates.
26 (d) The board may expel a student for a definite period of

HB4411- 25 -LRB101 19800 RLC 69311 b
1time not to exceed 2 calendar years, as determined on a
2case-by-case basis. A student who is determined to have brought
3one of the following objects to school, any school-sponsored
4activity or event, or any activity or event that bears a
5reasonable relationship to school shall be expelled for a
6period of not less than one year:
7 (1) A firearm. For the purposes of this Section,
8 "firearm" means any gun, rifle, shotgun, weapon as defined
9 by Section 921 of Title 18 of the United States Code,
10 firearm as defined in Section 2-7.5 1.1 of the Firearm
11 Owners Identification Card Act, or firearm as defined in
12 Section 24-1 of the Criminal Code of 2012. The expulsion
13 period under this subdivision (1) may be modified by the
14 superintendent, and the superintendent's determination may
15 be modified by the board on a case-by-case basis.
16 (2) A knife, brass knuckles or other knuckle weapon
17 regardless of its composition, a billy club, or any other
18 object if used or attempted to be used to cause bodily
19 harm, including "look alikes" of any firearm as defined in
20 subdivision (1) of this subsection (d). The expulsion
21 requirement under this subdivision (2) may be modified by
22 the superintendent, and the superintendent's determination
23 may be modified by the board on a case-by-case basis.
24Expulsion or suspension shall be construed in a manner
25consistent with the federal Individuals with Disabilities
26Education Act. A student who is subject to suspension or

HB4411- 26 -LRB101 19800 RLC 69311 b
1expulsion as provided in this Section may be eligible for a
2transfer to an alternative school program in accordance with
3Article 13A of the School Code.
4 (d-5) The board may suspend or by regulation authorize the
5superintendent of the district or the principal, assistant
6principal, or dean of students of any school to suspend a
7student for a period not to exceed 10 school days or may expel
8a student for a definite period of time not to exceed 2
9calendar years, as determined on a case-by-case basis, if (i)
10that student has been determined to have made an explicit
11threat on an Internet website against a school employee, a
12student, or any school-related personnel, (ii) the Internet
13website through which the threat was made is a site that was
14accessible within the school at the time the threat was made or
15was available to third parties who worked or studied within the
16school grounds at the time the threat was made, and (iii) the
17threat could be reasonably interpreted as threatening to the
18safety and security of the threatened individual because of his
19or her duties or employment status or status as a student
20inside the school.
21 (e) To maintain order and security in the schools, school
22authorities may inspect and search places and areas such as
23lockers, desks, parking lots, and other school property and
24equipment owned or controlled by the school, as well as
25personal effects left in those places and areas by students,
26without notice to or the consent of the student, and without a

HB4411- 27 -LRB101 19800 RLC 69311 b
1search warrant. As a matter of public policy, the General
2Assembly finds that students have no reasonable expectation of
3privacy in these places and areas or in their personal effects
4left in these places and areas. School authorities may request
5the assistance of law enforcement officials for the purpose of
6conducting inspections and searches of lockers, desks, parking
7lots, and other school property and equipment owned or
8controlled by the school for illegal drugs, weapons, or other
9illegal or dangerous substances or materials, including
10searches conducted through the use of specially trained dogs.
11If a search conducted in accordance with this Section produces
12evidence that the student has violated or is violating either
13the law, local ordinance, or the school's policies or rules,
14such evidence may be seized by school authorities, and
15disciplinary action may be taken. School authorities may also
16turn over such evidence to law enforcement authorities.
17 (f) Suspension or expulsion may include suspension or
18expulsion from school and all school activities and a
19prohibition from being present on school grounds.
20 (g) A school district may adopt a policy providing that if
21a student is suspended or expelled for any reason from any
22public or private school in this or any other state, the
23student must complete the entire term of the suspension or
24expulsion in an alternative school program under Article 13A of
25this Code or an alternative learning opportunities program
26under Article 13B of this Code before being admitted into the

HB4411- 28 -LRB101 19800 RLC 69311 b
1school district if there is no threat to the safety of students
2or staff in the alternative program.
3 (h) School officials shall not advise or encourage students
4to drop out voluntarily due to behavioral or academic
5difficulties.
6 (i) A student may not be issued a monetary fine or fee as a
7disciplinary consequence, though this shall not preclude
8requiring a student to provide restitution for lost, stolen, or
9damaged property.
10 (j) Subsections (a) through (i) of this Section shall apply
11to elementary and secondary schools, charter schools, special
12charter districts, and school districts organized under
13Article 34 of this Code.
14 (k) The expulsion of children enrolled in programs funded
15under Section 1C-2 of this Code is subject to the requirements
16under paragraph (7) of subsection (a) of Section 2-3.71 of this
17Code.
18 (l) Beginning with the 2018-2019 school year, an in-school
19suspension program provided by a school district for any
20students in kindergarten through grade 12 may focus on
21promoting non-violent conflict resolution and positive
22interaction with other students and school personnel. A school
23district may employ a school social worker or a licensed mental
24health professional to oversee an in-school suspension program
25in kindergarten through grade 12.
26(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;

HB4411- 29 -LRB101 19800 RLC 69311 b
1100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
27-12-19.)
3 (105 ILCS 5/10-27.1A)
4 Sec. 10-27.1A. Firearms in schools.
5 (a) All school officials, including teachers, guidance
6counselors, and support staff, shall immediately notify the
7office of the principal in the event that they observe any
8person in possession of a firearm on school grounds; provided
9that taking such immediate action to notify the office of the
10principal would not immediately endanger the health, safety, or
11welfare of students who are under the direct supervision of the
12school official or the school official. If the health, safety,
13or welfare of students under the direct supervision of the
14school official or of the school official is immediately
15endangered, the school official shall notify the office of the
16principal as soon as the students under his or her supervision
17and he or she are no longer under immediate danger. A report is
18not required by this Section when the school official knows
19that the person in possession of the firearm is a law
20enforcement official engaged in the conduct of his or her
21official duties. Any school official acting in good faith who
22makes such a report under this Section shall have immunity from
23any civil or criminal liability that might otherwise be
24incurred as a result of making the report. The identity of the
25school official making such report shall not be disclosed

HB4411- 30 -LRB101 19800 RLC 69311 b
1except as expressly and specifically authorized by law.
2Knowingly and willfully failing to comply with this Section is
3a petty offense. A second or subsequent offense is a Class C
4misdemeanor.
5 (b) Upon receiving a report from any school official
6pursuant to this Section, or from any other person, the
7principal or his or her designee shall immediately notify a
8local law enforcement agency. If the person found to be in
9possession of a firearm on school grounds is a student, the
10principal or his or her designee shall also immediately notify
11that student's parent or guardian. Any principal or his or her
12designee acting in good faith who makes such reports under this
13Section shall have immunity from any civil or criminal
14liability that might otherwise be incurred or imposed as a
15result of making the reports. Knowingly and willfully failing
16to comply with this Section is a petty offense. A second or
17subsequent offense is a Class C misdemeanor. If the person
18found to be in possession of the firearm on school grounds is a
19minor, the law enforcement agency shall detain that minor until
20such time as the agency makes a determination pursuant to
21clause (a) of subsection (1) of Section 5-401 of the Juvenile
22Court Act of 1987, as to whether the agency reasonably believes
23that the minor is delinquent. If the law enforcement agency
24determines that probable cause exists to believe that the minor
25committed a violation of item (4) of subsection (a) of Section
2624-1 of the Criminal Code of 2012 while on school grounds, the

HB4411- 31 -LRB101 19800 RLC 69311 b
1agency shall detain the minor for processing pursuant to
2Section 5-407 of the Juvenile Court Act of 1987.
3 (c) On or after January 1, 1997, upon receipt of any
4written, electronic, or verbal report from any school personnel
5regarding a verified incident involving a firearm in a school
6or on school owned or leased property, including any conveyance
7owned, leased, or used by the school for the transport of
8students or school personnel, the superintendent or his or her
9designee shall report all such firearm-related incidents
10occurring in a school or on school property to the local law
11enforcement authorities immediately and to the Department of
12State Police in a form, manner, and frequency as prescribed by
13the Department of State Police.
14 The State Board of Education shall receive an annual
15statistical compilation and related data associated with
16incidents involving firearms in schools from the Department of
17State Police. The State Board of Education shall compile this
18information by school district and make it available to the
19public.
20 (d) As used in this Section, the term "firearm" shall have
21the meaning ascribed to it in Section 2-7.5 of the Criminal
22Code of 2012 1.1 of the Firearm Owners Identification Card Act.
23 As used in this Section, the term "school" means any public
24or private elementary or secondary school.
25 As used in this Section, the term "school grounds" includes
26the real property comprising any school, any conveyance owned,

HB4411- 32 -LRB101 19800 RLC 69311 b
1leased, or contracted by a school to transport students to or
2from school or a school-related activity, or any public way
3within 1,000 feet of the real property comprising any school.
4(Source: P.A. 97-1150, eff. 1-25-13.)
5 (105 ILCS 5/34-8.05)
6 Sec. 34-8.05. Reporting firearms in schools. On or after
7January 1, 1997, upon receipt of any written, electronic, or
8verbal report from any school personnel regarding a verified
9incident involving a firearm in a school or on school owned or
10leased property, including any conveyance owned, leased, or
11used by the school for the transport of students or school
12personnel, the general superintendent or his or her designee
13shall report all such firearm-related incidents occurring in a
14school or on school property to the local law enforcement
15authorities no later than 24 hours after the occurrence of the
16incident and to the Department of State Police in a form,
17manner, and frequency as prescribed by the Department of State
18Police.
19 The State Board of Education shall receive an annual
20statistical compilation and related data associated with
21incidents involving firearms in schools from the Department of
22State Police. As used in this Section, the term "firearm" shall
23have the meaning ascribed to it in Section 2-7.5 of the
24Criminal Code of 2012 1.1 of the Firearm Owners Identification
25Card Act.

HB4411- 33 -LRB101 19800 RLC 69311 b
1(Source: P.A. 89-498, eff. 6-27-96.)
2 Section 40. The Illinois Explosives Act is amended by
3changing Section 2005 as follows:
4 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
5 Sec. 2005. Qualifications for licensure.
6 (a) No person shall qualify to hold a license who:
7 (1) is under 21 years of age;
8 (2) has been convicted in any court of a crime
9 punishable by imprisonment for a term exceeding one year;
10 (3) is under indictment for a crime punishable by
11 imprisonment for a term exceeding one year;
12 (4) is a fugitive from justice;
13 (5) is an unlawful user of or addicted to any
14 controlled substance as defined in Section 102 of the
15 federal Controlled Substances Act (21 U.S.C. Sec. 802 et
16 seq.);
17 (6) has been adjudicated a person with a mental
18 disability as defined in Section 6-103.1 of the Mental
19 Health and Developmental Disabilities Code 1.1 of the
20 Firearm Owners Identification Card Act; or
21 (7) is not a legal citizen of the United States or
22 lawfully admitted for permanent residence.
23 (b) A person who has been granted a "relief from
24disabilities" regarding criminal convictions and indictments,

HB4411- 34 -LRB101 19800 RLC 69311 b
1pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
2845) may receive a license provided all other qualifications
3under this Act are met.
4(Source: P.A. 101-541, eff. 8-23-19.)
5 Section 45. The Private Detective, Private Alarm, Private
6Security, and Locksmith Act of 2004 is amended by changing
7Sections 35-30 and 35-35 as follows:
8 (225 ILCS 447/35-30)
9 (Section scheduled to be repealed on January 1, 2024)
10 Sec. 35-30. Employee requirements. All employees of a
11licensed agency, other than those exempted, shall apply for a
12permanent employee registration card. The holder of an agency
13license issued under this Act, known in this Section as
14"employer", may employ in the conduct of his or her business
15employees under the following provisions:
16 (a) No person shall be issued a permanent employee
17registration card who:
18 (1) Is younger than 18 years of age.
19 (2) Is younger than 21 years of age if the services
20 will include being armed.
21 (3) Has been determined by the Department to be unfit
22 by reason of conviction of an offense in this or another
23 state, including registration as a sex offender, but not
24 including a traffic offense. Persons convicted of felonies

HB4411- 35 -LRB101 19800 RLC 69311 b
1 involving bodily harm, weapons, violence, or theft within
2 the previous 10 years shall be presumed to be unfit for
3 registration. The Department shall adopt rules for making
4 those determinations that shall afford the applicant due
5 process of law.
6 (4) Has had a license or permanent employee
7 registration card denied, suspended, or revoked under this
8 Act (i) within one year before the date the person's
9 application for permanent employee registration card is
10 received by the Department; and (ii) that refusal, denial,
11 suspension, or revocation was based on any provision of
12 this Act other than Section 40-50, item (6) or (8) of
13 subsection (a) of Section 15-10, subsection (b) of Section
14 15-10, item (6) or (8) of subsection (a) of Section 20-10,
15 subsection (b) of Section 20-10, item (6) or (8) of
16 subsection (a) of Section 25-10, subsection (b) of Section
17 25-10, item (7) of subsection (a) of Section 30-10,
18 subsection (b) of Section 30-10, or Section 10-40.
19 (5) Has been declared incompetent by any court of
20 competent jurisdiction by reason of mental disease or
21 defect and has not been restored.
22 (6) Has been dishonorably discharged from the armed
23 services of the United States.
24 (b) No person may be employed by a private detective
25agency, private security contractor agency, private alarm
26contractor agency, fingerprint vendor agency, or locksmith

HB4411- 36 -LRB101 19800 RLC 69311 b
1agency under this Section until he or she has executed and
2furnished to the employer, on forms furnished by the
3Department, a verified statement to be known as "Employee's
4Statement" setting forth:
5 (1) The person's full name, age, and residence address.
6 (2) The business or occupation engaged in for the 5
7 years immediately before the date of the execution of the
8 statement, the place where the business or occupation was
9 engaged in, and the names of employers, if any.
10 (3) That the person has not had a license or employee
11 registration denied, revoked, or suspended under this Act
12 (i) within one year before the date the person's
13 application for permanent employee registration card is
14 received by the Department; and (ii) that refusal, denial,
15 suspension, or revocation was based on any provision of
16 this Act other than Section 40-50, item (6) or (8) of
17 subsection (a) of Section 15-10, subsection (b) of Section
18 15-10, item (6) or (8) of subsection (a) of Section 20-10,
19 subsection (b) of Section 20-10, item (6) or (8) of
20 subsection (a) of Section 25-10, subsection (b) of Section
21 25-10, item (7) of subsection (a) of Section 30-10,
22 subsection (b) of Section 30-10, or Section 10-40.
23 (4) Any conviction of a felony or misdemeanor.
24 (5) Any declaration of incompetence by a court of
25 competent jurisdiction that has not been restored.
26 (6) Any dishonorable discharge from the armed services

HB4411- 37 -LRB101 19800 RLC 69311 b
1 of the United States.
2 (7) Any other information as may be required by any
3 rule of the Department to show the good character,
4 competency, and integrity of the person executing the
5 statement.
6 (c) Each applicant for a permanent employee registration
7card shall have his or her fingerprints submitted to the
8Department of State Police in an electronic format that
9complies with the form and manner for requesting and furnishing
10criminal history record information as prescribed by the
11Department of State Police. These fingerprints shall be checked
12against the Department of State Police and Federal Bureau of
13Investigation criminal history record databases now and
14hereafter filed. The Department of State Police shall charge
15applicants a fee for conducting the criminal history records
16check, which shall be deposited in the State Police Services
17Fund and shall not exceed the actual cost of the records check.
18The Department of State Police shall furnish, pursuant to
19positive identification, records of Illinois convictions to
20the Department. The Department may require applicants to pay a
21separate fingerprinting fee, either to the Department or
22directly to the vendor. The Department, in its discretion, may
23allow an applicant who does not have reasonable access to a
24designated vendor to provide his or her fingerprints in an
25alternative manner. The Department, in its discretion, may also
26use other procedures in performing or obtaining criminal

HB4411- 38 -LRB101 19800 RLC 69311 b
1background checks of applicants. Instead of submitting his or
2her fingerprints, an individual may submit proof that is
3satisfactory to the Department that an equivalent security
4clearance has been conducted. Also, an individual who has
5retired as a peace officer within 12 months of application may
6submit verification, on forms provided by the Department and
7signed by his or her employer, of his or her previous full-time
8employment as a peace officer.
9 (d) The Department shall issue a permanent employee
10registration card, in a form the Department prescribes, to all
11qualified applicants. The holder of a permanent employee
12registration card shall carry the card at all times while
13actually engaged in the performance of the duties of his or her
14employment. Expiration and requirements for renewal of
15permanent employee registration cards shall be established by
16rule of the Department. Possession of a permanent employee
17registration card does not in any way imply that the holder of
18the card is employed by an agency unless the permanent employee
19registration card is accompanied by the employee
20identification card required by subsection (f) of this Section.
21 (e) Each employer shall maintain a record of each employee
22that is accessible to the duly authorized representatives of
23the Department. The record shall contain the following
24information:
25 (1) A photograph taken within 10 days of the date that
26 the employee begins employment with the employer. The

HB4411- 39 -LRB101 19800 RLC 69311 b
1 photograph shall be replaced with a current photograph
2 every 3 calendar years.
3 (2) The Employee's Statement specified in subsection
4 (b) of this Section.
5 (3) All correspondence or documents relating to the
6 character and integrity of the employee received by the
7 employer from any official source or law enforcement
8 agency.
9 (4) In the case of former employees, the employee
10 identification card of that person issued under subsection
11 (f) of this Section. Each employee record shall duly note
12 if the employee is employed in an armed capacity. Armed
13 employee files shall contain a copy of an active firearm
14 owner's identification card and a copy of an active firearm
15 control card. Each employer shall maintain a record for
16 each armed employee of each instance in which the
17 employee's weapon was discharged during the course of his
18 or her professional duties or activities. The record shall
19 be maintained on forms provided by the Department, a copy
20 of which must be filed with the Department within 15 days
21 of an instance. The record shall include the date and time
22 of the occurrence, the circumstances involved in the
23 occurrence, and any other information as the Department may
24 require. Failure to provide this information to the
25 Department or failure to maintain the record as a part of
26 each armed employee's permanent file is grounds for

HB4411- 40 -LRB101 19800 RLC 69311 b
1 disciplinary action. The Department, upon receipt of a
2 report, shall have the authority to make any investigation
3 it considers appropriate into any occurrence in which an
4 employee's weapon was discharged and to take disciplinary
5 action as may be appropriate.
6 (5) A copy of the employee's permanent employee
7 registration card or a copy of the Department's "License
8 Lookup" Webpage showing that the employee has been issued a
9 valid permanent employee registration card by the
10 Department.
11 The Department may, by rule, prescribe further record
12requirements.
13 (f) Every employer shall furnish an employee
14identification card to each of his or her employees. This
15employee identification card shall contain a recent photograph
16of the employee, the employee's name, the name and agency
17license number of the employer, the employee's personal
18description, the signature of the employer, the signature of
19that employee, the date of issuance, and an employee
20identification card number.
21 (g) No employer may issue an employee identification card
22to any person who is not employed by the employer in accordance
23with this Section or falsely state or represent that a person
24is or has been in his or her employ. It is unlawful for an
25applicant for registered employment to file with the Department
26the fingerprints of a person other than himself or herself.

HB4411- 41 -LRB101 19800 RLC 69311 b
1 (h) Every employer shall obtain the identification card of
2every employee who terminates employment with him or her.
3 (i) Every employer shall maintain a separate roster of the
4names of all employees currently working in an armed capacity
5and submit the roster to the Department on request.
6 (j) No agency may employ any person to perform a licensed
7activity under this Act unless the person possesses a valid
8permanent employee registration card or a valid license under
9this Act, or is exempt pursuant to subsection (n).
10 (k) Notwithstanding the provisions of subsection (j), an
11agency may employ a person in a temporary capacity if all of
12the following conditions are met:
13 (1) The agency completes in its entirety and submits to
14 the Department an application for a permanent employee
15 registration card, including the required fingerprint
16 receipt and fees.
17 (2) The agency has verification from the Department
18 that the applicant has no record of any criminal conviction
19 pursuant to the criminal history check conducted by the
20 Department of State Police. The agency shall maintain the
21 verification of the results of the Department of State
22 Police criminal history check as part of the employee
23 record as required under subsection (e) of this Section.
24 (3) The agency exercises due diligence to ensure that
25 the person is qualified under the requirements of the Act
26 to be issued a permanent employee registration card.

HB4411- 42 -LRB101 19800 RLC 69311 b
1 (4) The agency maintains a separate roster of the names
2 of all employees whose applications are currently pending
3 with the Department and submits the roster to the
4 Department on a monthly basis. Rosters are to be maintained
5 by the agency for a period of at least 24 months.
6 An agency may employ only a permanent employee applicant
7for which it either submitted a permanent employee application
8and all required forms and fees or it confirms with the
9Department that a permanent employee application and all
10required forms and fees have been submitted by another agency,
11licensee or the permanent employee and all other requirements
12of this Section are met.
13 The Department shall have the authority to revoke, without
14a hearing, the temporary authority of an individual to work
15upon receipt of Federal Bureau of Investigation fingerprint
16data or a report of another official authority indicating a
17criminal conviction. If the Department has not received a
18temporary employee's Federal Bureau of Investigation
19fingerprint data within 120 days of the date the Department
20received the Department of State Police fingerprint data, the
21Department may, at its discretion, revoke the employee's
22temporary authority to work with 15 days written notice to the
23individual and the employing agency.
24 An agency may not employ a person in a temporary capacity
25if it knows or reasonably should have known that the person has
26been convicted of a crime under the laws of this State, has

HB4411- 43 -LRB101 19800 RLC 69311 b
1been convicted in another state of any crime that is a crime
2under the laws of this State, has been convicted of any crime
3in a federal court, or has been posted as an unapproved
4applicant by the Department. Notice by the Department to the
5agency, via certified mail, personal delivery, electronic
6mail, or posting on the Department's Internet site accessible
7to the agency that the person has been convicted of a crime
8shall be deemed constructive knowledge of the conviction on the
9part of the agency. The Department may adopt rules to implement
10this subsection (k).
11 (l) No person may be employed under this Section in any
12capacity if:
13 (1) the person, while so employed, is being paid by the
14 United States or any political subdivision for the time so
15 employed in addition to any payments he or she may receive
16 from the employer; or
17 (2) the person wears any portion of his or her official
18 uniform, emblem of authority, or equipment while so
19 employed.
20 (m) If information is discovered affecting the
21registration of a person whose fingerprints were submitted
22under this Section, the Department shall so notify the agency
23that submitted the fingerprints on behalf of that person.
24 (n) Peace officers shall be exempt from the requirements of
25this Section relating to permanent employee registration
26cards. The agency shall remain responsible for any peace

HB4411- 44 -LRB101 19800 RLC 69311 b
1officer employed under this exemption, regardless of whether
2the peace officer is compensated as an employee or as an
3independent contractor and as further defined by rule.
4 (o) Persons who have no access to confidential or security
5information, who do not go to a client's or prospective
6client's residence or place of business, and who otherwise do
7not provide traditional security services are exempt from
8employee registration. Examples of exempt employees include,
9but are not limited to, employees working in the capacity of
10ushers, directors, ticket takers, cashiers, drivers, and
11reception personnel. Confidential or security information is
12that which pertains to employee files, scheduling, client
13contracts, or technical security and alarm data.
14 (p) An applicant who is 21 years of age or older seeking a
15religious exemption to the photograph requirement of this
16Section shall furnish with the application an approved copy of
17United States Department of the Treasury Internal Revenue
18Service Form 4029. Regardless of age, an applicant seeking a
19religious exemption to this photograph requirement shall
20submit fingerprints in a form and manner prescribed by the
21Department with his or her application in lieu of a photograph.
22(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
23 (225 ILCS 447/35-35)
24 (Section scheduled to be repealed on January 1, 2024)
25 Sec. 35-35. Requirement of a firearm control card.

HB4411- 45 -LRB101 19800 RLC 69311 b
1 (a) No person shall perform duties that include the use,
2carrying, or possession of a firearm in the performance of
3those duties without complying with the provisions of this
4Section and having been issued a valid firearm control card by
5the Department.
6 (b) No employer shall employ any person to perform the
7duties for which licensure or employee registration is required
8and allow that person to carry a firearm unless that person has
9complied with all the firearm training requirements of this
10Section and has been issued a firearm control card. This Act
11permits only the following to carry firearms while actually
12engaged in the performance of their duties or while commuting
13directly to or from their places of employment: persons
14licensed as private detectives and their registered employees;
15persons licensed as private security contractors and their
16registered employees; persons licensed as private alarm
17contractors and their registered employees; and employees of a
18registered armed proprietary security force.
19 (c) Possession of a valid firearm control card allows a
20licensee or employee to carry a firearm not otherwise
21prohibited by law while the licensee or employee is engaged in
22the performance of his or her duties or while the licensee or
23employee is commuting directly to or from the licensee's or
24employee's place or places of employment.
25 (d) The Department shall issue a firearm control card to a
26person who has passed an approved firearm training course, who

HB4411- 46 -LRB101 19800 RLC 69311 b
1is currently licensed or employed by an agency licensed by this
2Act and has met all the requirements of this Act, and who is
3not prohibited under State or federal law from possessing a
4firearm possesses a valid firearm owner identification card.
5Application for the firearm control card shall be made by the
6employer to the Department on forms provided by the Department.
7The Department shall forward the card to the employer who shall
8be responsible for its issuance to the licensee or employee.
9The firearm control card shall be issued by the Department and
10shall identify the person holding it and the name of the course
11where the licensee or employee received firearm instruction and
12shall specify the type of weapon or weapons the person is
13authorized by the Department to carry and for which the person
14has been trained.
15 (e) Expiration and requirements for renewal of firearm
16control cards shall be determined by rule.
17 (f) The Department may, in addition to any other
18disciplinary action permitted by this Act, refuse to issue,
19suspend, or revoke a firearm control card if the applicant or
20holder has been convicted of any felony or crime involving the
21illegal use, carrying, or possession of a deadly weapon or for
22a violation of this Act or rules adopted promulgated under this
23Act. The Department shall refuse to issue or shall revoke a
24firearm control card if the applicant or holder is prohibited
25under State or federal law from possessing a firearm fails to
26possess a valid firearm owners identification card without

HB4411- 47 -LRB101 19800 RLC 69311 b
1hearing. The Secretary shall summarily suspend a firearm
2control card if the Secretary finds that its continued use
3would constitute an imminent danger to the public. A hearing
4shall be held before the Board within 30 days if the Secretary
5summarily suspends a firearm control card.
6 (g) Notwithstanding any other provision of this Act to the
7contrary, all requirements relating to firearms control cards
8do not apply to a peace officer. If an individual ceases to be
9employed as a peace officer and continues to perform services
10in an armed capacity under this Act that are licensed
11activities, then the individual is required to obtain a
12permanent employee registration card pursuant to Section 35-30
13of this Act and must possess a valid Firearm Owner's
14Identification Card, but is not required to obtain a firearm
15control card if the individual is otherwise in continuing
16compliance with the federal Law Enforcement Officers Safety Act
17of 2004. If an individual elects to carry a firearm pursuant to
18the federal Law Enforcement Officers Safety Act of 2004, then
19the agency employing the officer is required to submit a notice
20of that election to the Department along with a fee specified
21by rule.
22 (h) The Department may issue a temporary firearm control
23card pending issuance of a new firearm control card upon an
24agency's acquiring of an established armed account. An agency
25that has acquired armed employees as a result of acquiring an
26established armed account may, on forms supplied by the

HB4411- 48 -LRB101 19800 RLC 69311 b
1Department, request the issuance of a temporary firearm control
2card for each acquired employee who held a valid firearm
3control card under his or her employment with the newly
4acquired established armed account immediately preceding the
5acquiring of the account and who continues to meet all of the
6qualifications for issuance of a firearm control card set forth
7in this Act and any rules adopted under this Act. The
8Department shall, by rule, set the fee for issuance of a
9temporary firearm control card.
10 (i) The Department shall not issue a firearm control card
11to a licensed fingerprint vendor or a licensed locksmith or
12employees of a licensed fingerprint vendor agency or a licensed
13locksmith agency.
14(Source: P.A. 100-712, eff. 8-3-18.)
15 Section 50. The Mental Health and Developmental
16Disabilities Code is amended by changing Sections 6-103.1,
176-103.2, and 6-103.3 as follows:
18 (405 ILCS 5/6-103.1)
19 Sec. 6-103.1. Adjudication as a person with a mental
20disability. When a person has been adjudicated as a person with
21a mental disability as defined in Section 1.1 of the Firearm
22Owners Identification Card Act, including, but not limited to,
23an adjudication as a person with a disability as defined in
24Section 11a-2 of the Probate Act of 1975, the court shall

HB4411- 49 -LRB101 19800 RLC 69311 b
1direct the circuit court clerk to notify the Department of
2State Police, Firearm Owner's Identification (FOID) Office, in
3a form and manner prescribed by the Department of State Police,
4and shall forward a copy of the court order to the Department
5no later than 7 days after the entry of the order. Upon receipt
6of the order, the Department of State Police shall provide
7notification to the National Instant Criminal Background Check
8System. In this Section, "has been adjudicated as a mentally
9disabled person" means the person is the subject of a
10determination by a court, board, commission, or other lawful
11authority that the person, as a result of marked subnormal
12intelligence, or mental illness, mental impairment,
13incompetency, condition, or disease:
14 (1) presents a clear and present danger to himself,
15 herself, or to others;
16 (2) lacks the mental capacity to manage his or her own
17 affairs or is adjudicated a disabled person as defined in
18 Section 11a-2 of the Probate Act of 1975;
19 (3) is not guilty in a criminal case by reason of
20 insanity, mental disease or defect;
21 (3.5) is guilty but mentally ill, as provided in
22 Section 5-2-6 of the Unified Code of Corrections;
23 (4) is unfit to stand trial in a criminal case;
24 (5) is not guilty by reason of lack of mental
25 responsibility under Articles 50a and 72b of the Uniform
26 Code of Military Justice, 10 U.S.C. 850a, 876b;

HB4411- 50 -LRB101 19800 RLC 69311 b
1 (6) is a sexually violent person under subsection (f)
2 of Section 5 of the Sexually Violent Persons Commitment
3 Act;
4 (7) is a sexually dangerous person under the Sexually
5 Dangerous Persons Act;
6 (8) is unfit to stand trial under the Juvenile Court
7 Act of 1987;
8 (9) is not guilty by reason of insanity under the
9 Juvenile Court Act of 1987;
10 (10) is a person subject to involuntary admission on an
11 inpatient basis as defined in Section 1-119 of the Mental
12 Health and Developmental Disabilities Code;
13 (11) is a person subject to involuntary admission on an
14 outpatient basis as defined in Section 1-119.1 of the
15 Mental Health and Developmental Disabilities Code;
16 (12) is subject to judicial admission as set forth in
17 Section 4-500 of the Mental Health and Developmental
18 Disabilities Code; or
19 (13) is subject to the provisions of the Interstate
20 Agreements on Sexually Dangerous Persons Act.
21(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
22 (405 ILCS 5/6-103.2)
23 Sec. 6-103.2. Developmental disability; notice. If a
24person 14 years old or older is determined to be a person with
25a developmental disability by a physician, clinical

HB4411- 51 -LRB101 19800 RLC 69311 b
1psychologist, or qualified examiner, the physician, clinical
2psychologist, or qualified examiner shall notify the
3Department of Human Services within 7 days of making the
4determination that the person has a developmental disability.
5The Department of Human Services shall immediately update its
6records and information relating to mental health and
7developmental disabilities, and if appropriate, shall notify
8the Department of State Police in a form and manner prescribed
9by the Department of State Police. Information disclosed under
10this Section shall remain privileged and confidential, and
11shall not be redisclosed, except as required under clause
12(e)(2) of Section 24-4.5 of the Criminal Code of 2012
13subsection (e) of Section 3.1 of the Firearm Owners
14Identification Card Act, nor used for any other purpose. The
15method of providing this information shall guarantee that the
16information is not released beyond that which is necessary for
17the purpose of this Section and shall be provided by rule by
18the Department of Human Services. The identity of the person
19reporting under this Section shall not be disclosed to the
20subject of the report.
21 The physician, clinical psychologist, or qualified
22examiner making the determination and his or her employer may
23not be held criminally, civilly, or professionally liable for
24making or not making the notification required under this
25Section, except for willful or wanton misconduct.
26 In this Section, "developmentally disabled" has the

HB4411- 52 -LRB101 19800 RLC 69311 b
1meaning ascribed to it in Section 12 of the Mental Health and
2Developmental Disabilities Confidentiality Act.
3 In For purposes of this Section, "developmental
4disability" means a disability which is attributable to any
5other condition which results in impairment similar to that
6caused by an intellectual disability and which requires
7services similar to those required by intellectually disabled
8persons. The disability must originate before the age of 18
9years, be expected to continue indefinitely, and constitute a
10substantial disability. This disability results, in the
11professional opinion of a physician, clinical psychologist, or
12qualified examiner, in significant functional limitations in 3
13or more of the following areas of major life activity:
14 (i) self-care;
15 (ii) receptive and expressive language;
16 (iii) learning;
17 (iv) mobility; or
18 (v) self-direction.
19 "Determined to be a person with a developmental disability
20by a physician, clinical psychologist, or qualified examiner"
21means in the professional opinion of the physician, clinical
22psychologist, or qualified examiner, a person is diagnosed,
23assessed, or evaluated as having a developmental disability.
24(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
25eff. 7-27-15; 99-642, eff. 7-28-16.)

HB4411- 53 -LRB101 19800 RLC 69311 b
1 (405 ILCS 5/6-103.3)
2 Sec. 6-103.3. Clear and present danger; notice. If a person
3is determined to pose a clear and present danger to himself,
4herself, or to others by a physician, clinical psychologist, or
5qualified examiner, whether employed by the State, by any
6public or private mental health facility or part thereof, or by
7a law enforcement official or a school administrator, then the
8physician, clinical psychologist, qualified examiner shall
9notify the Department of Human Services and a law enforcement
10official or school administrator shall notify the Department of
11State Police, within 24 hours of making the determination that
12the person poses a clear and present danger. The Department of
13Human Services shall immediately update its records and
14information relating to mental health and developmental
15disabilities, and if appropriate, shall notify the Department
16of State Police in a form and manner prescribed by the
17Department of State Police. Information disclosed under this
18Section shall remain privileged and confidential, and shall not
19be redisclosed, except as required under clause (e)(2) of
20Section 24-4.5 of the Criminal Code of 2012 subsection (e) of
21Section 3.1 of the Firearm Owners Identification Card Act, nor
22used for any other purpose. The method of providing this
23information shall guarantee that the information is not
24released beyond that which is necessary for the purpose of this
25Section and shall be provided by rule by the Department of
26Human Services. The identity of the person reporting under this

HB4411- 54 -LRB101 19800 RLC 69311 b
1Section shall not be disclosed to the subject of the report.
2The physician, clinical psychologist, qualified examiner, law
3enforcement official, or school administrator making the
4determination and his or her employer shall not be held
5criminally, civilly, or professionally liable for making or not
6making the notification required under this Section, except for
7willful or wanton misconduct. This Section does not apply to a
8law enforcement official, if making the notification under this
9Section will interfere with an ongoing or pending criminal
10investigation.
11 In For the purposes of this Section:
12 "Clear and present danger" means a person who:
13 (1) communicates a serious threat of physical
14 violence against a reasonably identifiable victim or
15 poses a clear and imminent risk of serious physical
16 injury to himself, herself, or another person as
17 determined by a physician, clinical psychologist, or
18 qualified examiner; or
19 (2) demonstrates threatening physical or verbal
20 behavior, such as violent, suicidal, or assaultive
21 threats, actions, or other behavior, as determined by a
22 physician, clinical psychologist, qualified examiner,
23 school administrator, or law enforcement official.
24 "Physician", "clinical psychologist", and "qualified
25 examiner" have the meanings ascribed to them in the Mental
26 Health and Developmental Disabilities Code has the meaning

HB4411- 55 -LRB101 19800 RLC 69311 b
1 ascribed to it in Section 1.1 of the Firearm Owners
2 Identification Card Act.
3 "Determined to pose a clear and present danger to
4 himself, herself, or to others by a physician, clinical
5 psychologist, or qualified examiner" means in the
6 professional opinion of the physician, clinical
7 psychologist, or qualified examiner, a person poses a clear
8 and present danger.
9 "School administrator" means the person required to
10 report under the School Administrator Reporting of Mental
11 Health Clear and Present Danger Determinations Law.
12(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
13 Section 55. The Lead Poisoning Prevention Act is amended by
14changing Section 2 as follows:
15 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
16 Sec. 2. Definitions. As used in this Act:
17 "Child care facility" means any structure used by a child
18care provider licensed by the Department of Children and Family
19Services or public or private school structure frequented by
20children 6 years of age or younger.
21 "Childhood Lead Risk Questionnaire" means the
22questionnaire developed by the Department for use by physicians
23and other health care providers to determine risk factors for
24children 6 years of age or younger residing in areas designated

HB4411- 56 -LRB101 19800 RLC 69311 b
1as low risk for lead exposure.
2 "Delegate agency" means a unit of local government or
3health department approved by the Department to carry out the
4provisions of this Act.
5 "Department" means the Department of Public Health.
6 "Director" means the Director of Public Health.
7 "Dwelling unit" means an individual unit within a
8residential building used as living quarters for one household.
9 "Elevated blood lead level" means a blood lead level in
10excess of the limits established under State rules.
11 "Exposed surface" means any interior or exterior surface of
12a regulated facility.
13 "High risk area" means an area in the State determined by
14the Department to be high risk for lead exposure for children 6
15years of age or younger. The Department may consider, but is
16not limited to, the following factors to determine a high risk
17area: age and condition (using Department of Housing and Urban
18Development definitions of "slum" and "blighted") of housing,
19proximity to highway traffic or heavy local traffic or both,
20percentage of housing determined as rental or vacant, proximity
21to industry using lead, established incidence of elevated blood
22lead levels in children, percentage of population living below
23200% of federal poverty guidelines, and number of children
24residing in the area who are 6 years of age or younger.
25 "Lead abatement" means any approved work practices that
26will permanently eliminate lead exposure or remove the

HB4411- 57 -LRB101 19800 RLC 69311 b
1lead-bearing substances in a regulated facility. The
2Department shall establish by rule which work practices are
3approved or prohibited for lead abatement.
4 "Lead abatement contractor" means any person or entity
5licensed by the Department to perform lead abatement and
6mitigation.
7 "Lead abatement supervisor" means any person employed by a
8lead abatement contractor and licensed by the Department to
9perform lead abatement and lead mitigation and to supervise
10lead workers who perform lead abatement and lead mitigation.
11 "Lead abatement worker" means any person employed by a lead
12abatement contractor and licensed by the Department to perform
13lead abatement and mitigation.
14 "Lead activities" means the conduct of any lead services,
15including, lead inspection, lead risk assessment, lead
16mitigation, or lead abatement work or supervision in a
17regulated facility.
18 "Lead-bearing substance" means any item containing or
19coated with lead such that the lead content is more than
20six-hundredths of one percent (0.06%) lead by total weight; or
21any dust on surfaces or in furniture or other nonpermanent
22elements of the regulated facility; or any paint or other
23surface coating material containing more than five-tenths of
24one percent (0.5%) lead by total weight (calculated as lead
25metal) in the total non-volatile content of liquid paint; or
26lead-bearing substances containing greater than one milligram

HB4411- 58 -LRB101 19800 RLC 69311 b
1per square centimeter or any lower standard for lead content in
2residential paint as may be established by federal law or rule;
3or more than 1 milligram per square centimeter in the dried
4film of paint or previously applied substance; or item or dust
5on item containing lead in excess of the amount specified in
6the rules authorized by this Act or a lower standard for lead
7content as may be established by federal law or rule.
8"Lead-bearing substance" does not include firearm ammunition
9or components as defined by Section 2-7.1 of the Criminal Code
10of 2012 the Firearm Owners Identification Card Act.
11 "Lead hazard" means a lead-bearing substance that poses an
12immediate health hazard to humans.
13 "Lead hazard screen" means a lead risk assessment that
14involves limited dust and paint sampling for lead-bearing
15substances and lead hazards. This service is used as a
16screening tool designed to determine if further lead
17investigative services are required for the regulated
18facility.
19 "Lead inspection" means a surface-by-surface investigation
20to determine the presence of lead-based paint.
21 "Lead inspector" means an individual who has been trained
22by a Department-approved training program and is licensed by
23the Department to conduct lead inspections; to sample for the
24presence of lead in paint, dust, soil, and water; and to
25conduct compliance investigations.
26 "Lead mitigation" means the remediation, in a manner

HB4411- 59 -LRB101 19800 RLC 69311 b
1described in Section 9, of a lead hazard so that the
2lead-bearing substance does not pose an immediate health hazard
3to humans.
4 "Lead poisoning" means having an elevated blood lead level.
5 "Lead risk assessment" means an on-site investigation to
6determine the existence, nature, severity, and location of lead
7hazards. "Lead risk assessment" includes any lead sampling and
8visual assessment associated with conducting a lead risk
9assessment and lead hazard screen and all lead sampling
10associated with compliance investigations.
11 "Lead risk assessor" means an individual who has been
12trained by a Department-approved training program and is
13licensed by the Department to conduct lead risk assessments,
14lead inspections, and lead hazard screens; to sample for the
15presence of lead in paint, dust, soil, water, and sources for
16lead-bearing substances; and to conduct compliance
17investigations.
18 "Lead training program provider" means any person
19providing Department-approved lead training in Illinois to
20individuals seeking licensure in accordance with the Act.
21 "Low risk area" means an area in the State determined by
22the Department to be low risk for lead exposure for children 6
23years of age or younger. The Department may consider the
24factors named in "high risk area" to determine low risk areas.
25 "Owner" means any person, who alone, jointly, or severally
26with others:

HB4411- 60 -LRB101 19800 RLC 69311 b
1 (a) Has legal title to any regulated facility, with or
2 without actual possession of the regulated facility, or
3 (b) Has charge, care, or control of the regulated
4 facility as owner or agent of the owner, or as executor,
5 administrator, trustee, or guardian of the estate of the
6 owner.
7 "Person" means any individual, partnership, firm, company,
8limited liability company, corporation, association, joint
9stock company, trust, estate, political subdivision, State
10agency, or any other legal entity, or their legal
11representative, agent, or assign.
12 "Regulated facility" means a residential building or child
13care facility.
14 "Residential building" means any room, group of rooms, or
15other interior areas of a structure designed or used for human
16habitation; common areas accessible by inhabitants; and the
17surrounding property or structures.
18(Source: P.A. 100-723, eff. 1-1-19.)
19 (430 ILCS 65/Act rep.)
20 Section 60. The Firearm Owners Identification Card Act is
21repealed.
22 Section 65. The Firearm Concealed Carry Act is amended by
23changing Sections 25, 30, 40, 70, 80, and 105 as follows:

HB4411- 61 -LRB101 19800 RLC 69311 b
1 (430 ILCS 66/25)
2 Sec. 25. Qualifications for a license.
3 The Department shall issue a license to an applicant
4completing an application in accordance with Section 30 of this
5Act if the person:
6 (1) is at least 21 years of age;
7 (2) has a currently valid Firearm Owner's
8 Identification Card and at the time of application meets
9 the requirements for the issuance of a Firearm Owner's
10 Identification Card and is not prohibited under State or
11 the Firearm Owners Identification Card Act or federal law
12 from possessing or receiving a firearm;
13 (3) has not been convicted or found guilty in this
14 State or in any other state of:
15 (A) a misdemeanor involving the use or threat of
16 physical force or violence to any person within the 5
17 years preceding the date of the license application; or
18 (B) 2 or more violations related to driving while
19 under the influence of alcohol, other drug or drugs,
20 intoxicating compound or compounds, or any combination
21 thereof, within the 5 years preceding the date of the
22 license application;
23 (4) is not the subject of a pending arrest warrant,
24 prosecution, or proceeding for an offense or action that
25 could lead to disqualification to own or possess a firearm;
26 (5) has not been in residential or court-ordered

HB4411- 62 -LRB101 19800 RLC 69311 b
1 treatment for alcoholism, alcohol detoxification, or drug
2 treatment within the 5 years immediately preceding the date
3 of the license application; and
4 (6) has completed firearms training and any education
5 component required under Section 75 of this Act.
6(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
7 (430 ILCS 66/30)
8 Sec. 30. Contents of license application.
9 (a) The license application shall be in writing, under
10penalty of perjury, on a standard form adopted by the
11Department and shall be accompanied by the documentation
12required in this Section and the applicable fee. Each
13application form shall include the following statement printed
14in bold type: "Warning: Entering false information on this form
15is punishable as perjury under Section 32-2 of the Criminal
16Code of 2012."
17 (b) The application shall contain the following:
18 (1) the applicant's name, current address, date and
19 year of birth, place of birth, height, weight, hair color,
20 eye color, maiden name or any other name the applicant has
21 used or identified with, and any address where the
22 applicant resided for more than 30 days within the 10 years
23 preceding the date of the license application;
24 (2) the applicant's valid driver's license number or
25 valid state identification card number;

HB4411- 63 -LRB101 19800 RLC 69311 b
1 (3) a waiver of the applicant's privacy and
2 confidentiality rights and privileges under all federal
3 and state laws, including those limiting access to juvenile
4 court, criminal justice, psychological, or psychiatric
5 records or records relating to any institutionalization of
6 the applicant, and an affirmative request that a person
7 having custody of any of these records provide it or
8 information concerning it to the Department. The waiver
9 only applies to records sought in connection with
10 determining whether the applicant qualifies for a license
11 to carry a concealed firearm under this Act, or whether the
12 applicant remains in compliance with the Firearm Owners
13 Identification Card Act;
14 (4) an affirmation that the applicant is not prohibited
15 under State or federal law from possessing or receiving a
16 firearm possesses a currently valid Firearm Owner's
17 Identification Card and card number if possessed or notice
18 the applicant is applying for a Firearm Owner's
19 Identification Card in conjunction with the license
20 application;
21 (5) an affirmation that the applicant has not been
22 convicted or found guilty of:
23 (A) a felony;
24 (B) a misdemeanor involving the use or threat of
25 physical force or violence to any person within the 5
26 years preceding the date of the application; or

HB4411- 64 -LRB101 19800 RLC 69311 b
1 (C) 2 or more violations related to driving while
2 under the influence of alcohol, other drug or drugs,
3 intoxicating compound or compounds, or any combination
4 thereof, within the 5 years preceding the date of the
5 license application; and
6 (6) whether the applicant has failed a drug test for a
7 drug for which the applicant did not have a prescription,
8 within the previous year, and if so, the provider of the
9 test, the specific substance involved, and the date of the
10 test;
11 (7) written consent for the Department to review and
12 use the applicant's Illinois digital driver's license or
13 Illinois identification card photograph and signature;
14 (8) a full set of fingerprints submitted to the
15 Department in electronic format, provided the Department
16 may accept an application submitted without a set of
17 fingerprints in which case the Department shall be granted
18 30 days in addition to the 90 days provided under
19 subsection (e) of Section 10 of this Act to issue or deny a
20 license;
21 (9) a head and shoulder color photograph in a size
22 specified by the Department taken within the 30 days
23 preceding the date of the license application; and
24 (10) a photocopy of any certificates or other evidence
25 of compliance with the training requirements under this
26 Act.

HB4411- 65 -LRB101 19800 RLC 69311 b
1(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
2 (430 ILCS 66/40)
3 Sec. 40. Non-resident license applications.
4 (a) For the purposes of this Section, "non-resident" means
5a person who has not resided within this State for more than 30
6days and resides in another state or territory.
7 (b) The Department shall by rule allow for non-resident
8license applications from any state or territory of the United
9States with laws related to firearm ownership, possession, and
10carrying, that are substantially similar to the requirements to
11obtain a license under this Act.
12 (c) A resident of a state or territory approved by the
13Department under subsection (b) of this Section may apply for a
14non-resident license. The applicant shall apply to the
15Department and must meet all of the qualifications established
16in Section 25 of this Act, except for the Illinois residency
17requirement in item (xiv) of paragraph (2) of subsection (a) of
18Section 4 of the Firearm Owners Identification Card Act. The
19applicant shall submit:
20 (1) the application and documentation required under
21 Section 30 of this Act and the applicable fee;
22 (2) a notarized document stating that the applicant:
23 (A) is eligible under federal law and the laws of
24 his or her state or territory of residence to own or
25 possess a firearm;

HB4411- 66 -LRB101 19800 RLC 69311 b
1 (B) if applicable, has a license or permit to carry
2 a firearm or concealed firearm issued by his or her
3 state or territory of residence and attach a copy of
4 the license or permit to the application;
5 (C) understands Illinois laws pertaining to the
6 possession and transport of firearms; and
7 (D) acknowledges that the applicant is subject to
8 the jurisdiction of the Department and Illinois courts
9 for any violation of this Act;
10 (3) a photocopy of any certificates or other evidence
11 of compliance with the training requirements under Section
12 75 of this Act; and
13 (4) a head and shoulder color photograph in a size
14 specified by the Department taken within the 30 days
15 preceding the date of the application.
16 (d) In lieu of an Illinois driver's license or Illinois
17identification card, a non-resident applicant shall provide
18similar documentation from his or her state or territory of
19residence. The applicant shall submit In lieu of a valid
20Firearm Owner's Identification Card, the applicant shall
21submit documentation and information required by the
22Department to obtain a Firearm Owner's Identification Card,
23including an affidavit that the non-resident meets the mental
24health standards to obtain a firearm under Illinois law, and
25the Department shall ensure that the applicant would meet the
26eligibility criteria under State law to possess a firearm to

HB4411- 67 -LRB101 19800 RLC 69311 b
1obtain a Firearm Owner's Identification card if he or she was a
2resident of this State.
3 (e) Nothing in this Act shall prohibit a non-resident from
4transporting a concealed firearm within his or her vehicle in
5Illinois, if the concealed firearm remains within his or her
6vehicle and the non-resident:
7 (1) is not prohibited from owning or possessing a
8 firearm under federal law;
9 (2) is eligible to carry a firearm in public under the
10 laws of his or her state or territory of residence, as
11 evidenced by the possession of a concealed carry license or
12 permit issued by his or her state of residence, if
13 applicable; and
14 (3) is not in possession of a license under this Act.
15 If the non-resident leaves his or her vehicle unattended,
16he or she shall store the firearm within a locked vehicle or
17locked container within the vehicle in accordance with
18subsection (b) of Section 65 of this Act.
19(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
20eff. 7-20-15.)
21 (430 ILCS 66/70)
22 Sec. 70. Violations.
23 (a) A license issued or renewed under this Act shall be
24revoked if, at any time, the licensee is found to be ineligible
25for a license under this Act or the licensee is prohibited from

HB4411- 68 -LRB101 19800 RLC 69311 b
1possessing a firearm under State or federal law no longer meets
2the eligibility requirements of the Firearm Owners
3Identification Card Act.
4 (b) A license shall be suspended if an order of protection,
5including an emergency order of protection, plenary order of
6protection, or interim order of protection under Article 112A
7of the Code of Criminal Procedure of 1963 or under the Illinois
8Domestic Violence Act of 1986, or if a firearms restraining
9order, including an emergency firearms restraining order,
10under the Firearms Restraining Order Act, is issued against a
11licensee for the duration of the order, or if the Department is
12made aware of a similar order issued against the licensee in
13any other jurisdiction. If an order of protection is issued
14against a licensee, the licensee shall surrender the license,
15as applicable, to the court at the time the order is entered or
16to the law enforcement agency or entity serving process at the
17time the licensee is served the order. The court, law
18enforcement agency, or entity responsible for serving the order
19of protection shall notify the Department within 7 days and
20transmit the license to the Department.
21 (c) A license is invalid upon expiration of the license,
22unless the licensee has submitted an application to renew the
23license, and the applicant is otherwise eligible to possess a
24license under this Act.
25 (d) A licensee shall not carry a concealed firearm while
26under the influence of alcohol, other drug or drugs,

HB4411- 69 -LRB101 19800 RLC 69311 b
1intoxicating compound or combination of compounds, or any
2combination thereof, under the standards set forth in
3subsection (a) of Section 11-501 of the Illinois Vehicle Code.
4 A licensee in violation of this subsection (d) shall be
5guilty of a Class A misdemeanor for a first or second violation
6and a Class 4 felony for a third violation. The Department may
7suspend a license for up to 6 months for a second violation and
8shall permanently revoke a license for a third violation.
9 (e) Except as otherwise provided, a licensee in violation
10of this Act shall be guilty of a Class B misdemeanor. A second
11or subsequent violation is a Class A misdemeanor. The
12Department may suspend a license for up to 6 months for a
13second violation and shall permanently revoke a license for 3
14or more violations of Section 65 of this Act. Any person
15convicted of a violation under this Section shall pay a $150
16fee to be deposited into the Mental Health Reporting Fund, plus
17any applicable court costs or fees.
18 (f) A licensee convicted or found guilty of a violation of
19this Act who has a valid license and is otherwise eligible to
20carry a concealed firearm shall only be subject to the
21penalties under this Section and shall not be subject to the
22penalties under Section 21-6, paragraph (4), (8), or (10) of
23subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
24of paragraph (3) of subsection (a) of Section 24-1.6 of the
25Criminal Code of 2012. Except as otherwise provided in this
26subsection, nothing in this subsection prohibits the licensee

HB4411- 70 -LRB101 19800 RLC 69311 b
1from being subjected to penalties for violations other than
2those specified in this Act.
3 (g) A licensee whose license is revoked, suspended, or
4denied shall, within 48 hours of receiving notice of the
5revocation, suspension, or denial, surrender his or her
6concealed carry license to the local law enforcement agency
7where the person resides. The local law enforcement agency
8shall provide the licensee a receipt and transmit the concealed
9carry license to the Department of State Police. If the
10licensee whose concealed carry license has been revoked,
11suspended, or denied fails to comply with the requirements of
12this subsection, the law enforcement agency where the person
13resides may petition the circuit court to issue a warrant to
14search for and seize the concealed carry license in the
15possession and under the custody or control of the licensee
16whose concealed carry license has been revoked, suspended, or
17denied. The observation of a concealed carry license in the
18possession of a person whose license has been revoked,
19suspended, or denied constitutes a sufficient basis for the
20arrest of that person for violation of this subsection. A
21violation of this subsection is a Class A misdemeanor.
22 (h) (Blank). A license issued or renewed under this Act
23shall be revoked if, at any time, the licensee is found
24ineligible for a Firearm Owner's Identification Card, or the
25licensee no longer possesses a valid Firearm Owner's
26Identification Card. A licensee whose license is revoked under

HB4411- 71 -LRB101 19800 RLC 69311 b
1this subsection (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 State Police for renewal of a Firearm
5Owner's Identification Card and who is not otherwise ineligible
6to obtain a Firearm Owner's Identification Card.
7 (i) A certified firearms instructor who knowingly provides
8or offers to provide a false certification that an applicant
9has completed firearms training as required under this Act is
10guilty of a Class A misdemeanor. A person guilty of a violation
11of this subsection (i) is not eligible for court supervision.
12The Department shall permanently revoke the firearms
13instructor certification of a person convicted under this
14subsection (i).
15(Source: P.A. 100-607, eff. 1-1-19.)
16 (430 ILCS 66/80)
17 Sec. 80. Certified firearms instructors.
18 (a) Within 60 days of the effective date of this Act, the
19Department shall begin approval of certified firearms
20instructors and enter certified firearms instructors into an
21online registry on the Department's website.
22 (b) A person who is not a certified firearms instructor
23shall not teach applicant training courses or advertise or
24otherwise represent courses they teach as qualifying their
25students to meet the requirements to receive a license under

HB4411- 72 -LRB101 19800 RLC 69311 b
1this Act. Each violation of this subsection is a business
2offense with a fine of at least $1,000 per violation.
3 (c) A person seeking to become a certified firearms
4instructor shall:
5 (1) be at least 21 years of age;
6 (2) be a legal resident of the United States; and
7 (3) meet the requirements of Section 25 of this Act,
8 except for the Illinois residency requirement in item (xiv)
9 of paragraph (2) of subsection (a) of Section 4 of the
10 Firearm Owners Identification Card Act; and any additional
11 uniformly applied requirements established by the
12 Department.
13 (d) A person seeking to become a certified firearms
14instructor, in addition to the requirements of subsection (c)
15of this Section, shall:
16 (1) possess a high school diploma or high school
17 equivalency certificate; and
18 (2) have at least one of the following valid firearms
19 instructor certifications:
20 (A) certification from a law enforcement agency;
21 (B) certification from a firearm instructor course
22 offered by a State or federal governmental agency;
23 (C) certification from a firearm instructor
24 qualification course offered by the Illinois Law
25 Enforcement Training Standards Board; or
26 (D) certification from an entity approved by the

HB4411- 73 -LRB101 19800 RLC 69311 b
1 Department that offers firearm instructor education
2 and training in the use and safety of firearms.
3 (e) A person may have his or her firearms instructor
4certification denied or revoked if he or she does not meet the
5requirements to obtain a license under this Act, provides false
6or misleading information to the Department, or has had a prior
7instructor certification revoked or denied by the Department.
8(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718,
9eff. 1-1-15.)
10 (430 ILCS 66/105)
11 Sec. 105. Duty of school administrator. It is the duty of
12the principal of a public elementary or secondary school, or
13his or her designee, and the chief administrative officer of a
14private elementary or secondary school or a public or private
15community college, college, or university, or his or her
16designee, to report to the Department of State Police when a
17student is determined to pose a clear and present danger to
18himself, herself, or to others, within 24 hours of the
19determination as provided in Section 6-103.3 of the Mental
20Health and Developmental Disabilities Code. "Clear and present
21danger" has the meaning as provided in paragraph (2) of the
22definition of "clear and present danger" in Section 6-103.3 of
23the Mental Health and Developmental Disabilities Code 1.1 of
24the Firearm Owners Identification Card Act.
25(Source: P.A. 98-63, eff. 7-9-13.)

HB4411- 74 -LRB101 19800 RLC 69311 b
1 Section 66. The Firearms Restraining Order Act is amended
2by changing Sections 35 and 40 as follows:
3 (430 ILCS 67/35)
4 Sec. 35. Ex parte orders and emergency hearings.
5 (a) A petitioner may request an emergency firearms
6restraining order by filing an affidavit or verified pleading
7alleging that the respondent poses an immediate and present
8danger of causing personal injury to himself, herself, or
9another by having in his or her custody or control, purchasing,
10possessing, or receiving a firearm. The petition shall also
11describe the type and location of any firearm or firearms
12presently believed by the petitioner to be possessed or
13controlled by the respondent.
14 (b) If the respondent is alleged to pose an immediate and
15present danger of causing personal injury to an intimate
16partner, or an intimate partner is alleged to have been the
17target of a threat or act of violence by the respondent, the
18petitioner shall make a good faith effort to provide notice to
19any and all intimate partners of the respondent. The notice
20must include that the petitioner intends to petition the court
21for an emergency firearms restraining order, and, if the
22petitioner is a law enforcement officer, referral to relevant
23domestic violence or stalking advocacy or counseling
24resources, if appropriate. The petitioner shall attest to

HB4411- 75 -LRB101 19800 RLC 69311 b
1having provided the notice in the filed affidavit or verified
2pleading. If, after making a good faith effort, the petitioner
3is unable to provide notice to any or all intimate partners,
4the affidavit or verified pleading should describe what efforts
5were made.
6 (c) Every person who files a petition for an emergency
7firearms restraining order, knowing the information provided
8to the court at any hearing or in the affidavit or verified
9pleading to be false, is guilty of perjury under Section 32-2
10of the Criminal Code of 2012.
11 (d) An emergency firearms restraining order shall be issued
12on an ex parte basis, that is, without notice to the
13respondent.
14 (e) An emergency hearing held on an ex parte basis shall be
15held the same day that the petition is filed or the next day
16that the court is in session.
17 (f) If a circuit or associate judge finds probable cause to
18believe 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, purchasing,
21possessing, or receiving a firearm, the circuit or associate
22judge shall issue an emergency order.
23 (f-5) If the court issues an emergency firearms restraining
24order, it shall, upon a finding of probable cause that the
25respondent possesses firearms, issue a search warrant
26directing a law enforcement agency to seize the respondent's

HB4411- 76 -LRB101 19800 RLC 69311 b
1firearms. The court may, as part of that warrant, direct the
2law enforcement agency to search the respondent's residence and
3other places where the court finds there is probable cause to
4believe he or she is likely to possess the firearms.
5 (g) An emergency firearms restraining order shall require:
6 (1) the respondent to refrain from having in his or her
7 custody or control, purchasing, possessing, or receiving
8 additional firearms for the duration of the order; and
9 (2) the respondent to turn over to the local law
10 enforcement agency any Firearm Owner's Identification Card
11 and concealed carry license in his or her possession. The
12 local law enforcement agency shall immediately mail the
13 card and concealed carry license to the Department of State
14 Police Firearm Services Bureau for safekeeping. The
15 firearm or firearms and Firearm Owner's Identification
16 Card and concealed carry license, if unexpired, shall be
17 returned to the respondent after the firearms restraining
18 order is terminated or expired.
19 (h) Except as otherwise provided in subsection (h-5) of
20this Section, upon expiration of the period of safekeeping, if
21the firearms or Firearm Owner's Identification Card and
22concealed carry license cannot be returned to the respondent
23because the respondent cannot be located, fails to respond to
24requests to retrieve the firearms, or is not lawfully eligible
25to possess a firearm, upon petition from the local law
26enforcement agency, the court may order the local law

HB4411- 77 -LRB101 19800 RLC 69311 b
1enforcement agency to destroy the firearms, use the firearms
2for training purposes, or use the firearms for any other
3application as deemed appropriate by the local law enforcement
4agency.
5 (h-5) A respondent whose firearms have been turned over to
6a local law enforcement agency Firearm Owner's Identification
7Card has been revoked or suspended may petition the court, if
8the petitioner is present in court or has notice of the
9respondent's petition, to transfer the respondent's firearm to
10a person who is lawfully able to possess the firearm if the
11person does not reside at the same address as the respondent.
12Notice of the petition shall be served upon the person
13protected by the emergency firearms restraining order. While
14the order is in effect, the transferee who receives the
15respondent's firearms must swear or affirm by affidavit that he
16or she shall not transfer the firearm to the respondent or to
17anyone residing in the same residence as the respondent.
18 (h-6) If a person other than the respondent claims title to
19any firearms surrendered under this Section, he or she may
20petition the court, if the petitioner is present in court or
21has notice of the petition, to have the firearm returned to him
22or her. If the court determines that person to be the lawful
23owner of the firearm, the firearm shall be returned to him or
24her, provided that:
25 (1) the firearm is removed from the respondent's
26 custody, control, or possession and the lawful owner agrees

HB4411- 78 -LRB101 19800 RLC 69311 b
1 to store the firearm in a manner such that the respondent
2 does not have access to or control of the firearm; and
3 (2) the firearm is not otherwise unlawfully possessed
4 by the owner.
5 The person petitioning for the return of his or her firearm
6must swear or affirm by affidavit that he or she: (i) is the
7lawful owner of the firearm; (ii) shall not transfer the
8firearm to the respondent; and (iii) will store the firearm in
9a manner that the respondent does not have access to or control
10of the firearm.
11 (i) In accordance with subsection (e) of this Section, the
12court shall schedule a full hearing as soon as possible, but no
13longer than 14 days from the issuance of an ex parte firearms
14restraining order, to determine if a 6-month firearms
15restraining order shall be issued. The court may extend an ex
16parte order as needed, but not to exceed 14 days, to effectuate
17service of the order or if necessary to continue protection.
18The court may extend the order for a greater length of time by
19mutual agreement of the parties.
20(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
21 (430 ILCS 67/40)
22 Sec. 40. Six-month orders.
23 (a) A petitioner may request a 6-month firearms restraining
24order by filing an affidavit or verified pleading alleging that
25the respondent poses a significant danger of causing personal

HB4411- 79 -LRB101 19800 RLC 69311 b
1injury to himself, herself, or another in the near future by
2having in his or her custody or control, purchasing,
3possessing, or receiving a firearm. The petition shall also
4describe the number, types, and locations of any firearms
5presently believed by the petitioner to be possessed or
6controlled by the respondent.
7 (b) If the respondent is alleged to pose a significant
8danger of causing personal injury to an intimate partner, or an
9intimate partner is alleged to have been the target of a threat
10or act of violence by the respondent, the petitioner shall make
11a good faith effort to provide notice to any and all intimate
12partners of the respondent. The notice must include that the
13petitioner intends to petition the court for a 6-month firearms
14restraining order, and, if the petitioner is a law enforcement
15officer, referral to relevant domestic violence or stalking
16advocacy or counseling resources, if appropriate. The
17petitioner shall attest to having provided the notice in the
18filed affidavit or verified pleading. If, after making a good
19faith effort, the petitioner is unable to provide notice to any
20or all intimate partners, the affidavit or verified pleading
21should describe what efforts were made.
22 (c) Every person who files a petition for a 6-month
23firearms restraining order, knowing the information provided
24to the court at any hearing or in the affidavit or verified
25pleading to be false, is guilty of perjury under Section 32-2
26of the Criminal Code of 2012.

HB4411- 80 -LRB101 19800 RLC 69311 b
1 (d) Upon receipt of a petition for a 6-month firearms
2restraining order, the court shall order a hearing within 30
3days.
4 (e) In determining whether to issue a firearms restraining
5order under this Section, the court shall consider evidence
6including, but not limited to, the following:
7 (1) The unlawful and reckless use, display, or
8 brandishing of a firearm by the respondent.
9 (2) The history of use, attempted use, or threatened
10 use of physical force by the respondent against another
11 person.
12 (3) Any prior arrest of the respondent for a felony
13 offense.
14 (4) Evidence of the abuse of controlled substances or
15 alcohol by the respondent.
16 (5) A recent threat of violence or act of violence by
17 the respondent directed toward himself, herself, or
18 another.
19 (6) A violation of an emergency order of protection
20 issued under Section 217 of the Illinois Domestic Violence
21 Act of 1986 or Section 112A-17 of the Code of Criminal
22 Procedure of 1963 or of an order of protection issued under
23 Section 214 of the Illinois Domestic Violence Act of 1986
24 or Section 112A-14 of the Code of Criminal Procedure of
25 1963.
26 (7) A pattern of violent acts or violent threats,

HB4411- 81 -LRB101 19800 RLC 69311 b
1 including, but not limited to, threats of violence or acts
2 of violence by the respondent directed toward himself,
3 herself, or another.
4 (f) At the hearing, the petitioner shall have the burden of
5proving, by clear and convincing evidence, that the respondent
6poses a significant danger of personal injury to himself,
7herself, or another by having in his or her custody or control,
8purchasing, possessing, or receiving a firearm.
9 (g) If the court finds that there is clear and convincing
10evidence to issue a firearms restraining order, the court shall
11issue a firearms restraining order that shall be in effect for
126 months subject to renewal under Section 45 of this Act or
13termination under that Section.
14 (g-5) If the court issues a 6-month firearms restraining
15order, it shall, upon a finding of probable cause that the
16respondent possesses firearms, issue a search warrant
17directing a law enforcement agency to seize the respondent's
18firearms. The court may, as part of that warrant, direct the
19law enforcement agency to search the respondent's residence and
20other places where the court finds there is probable cause to
21believe he or she is likely to possess the firearms.
22 (h) A 6-month firearms restraining order shall require:
23 (1) the respondent to refrain from having in his or her
24 custody or control, purchasing, possessing, or receiving
25 additional firearms for the duration of the order; and
26 (2) the respondent to turn over to the local law

HB4411- 82 -LRB101 19800 RLC 69311 b
1 enforcement agency any firearm or Firearm Owner's
2 Identification Card and concealed carry license in his or
3 her possession. The local law enforcement agency shall
4 immediately mail the card and concealed carry license to
5 the Department of State Police Firearm Services Bureau for
6 safekeeping. The firearm or firearms and Firearm Owner's
7 Identification Card and concealed carry license, if
8 unexpired, shall be returned to the respondent after the
9 firearms restraining order is terminated or expired.
10 (i) Except as otherwise provided in subsection (i-5) of
11this Section, upon expiration of the period of safekeeping, if
12the firearms or Firearm Owner's Identification Card cannot be
13returned to the respondent because the respondent cannot be
14located, fails to respond to requests to retrieve the firearms,
15or is not lawfully eligible to possess a firearm, upon petition
16from the local law enforcement agency, the court may order the
17local law enforcement agency to destroy the firearms, use the
18firearms for training purposes, or use the firearms for any
19other application as deemed appropriate by the local law
20enforcement agency.
21 (i-5) A respondent whose firearms have been turned over to
22a local law enforcement agency Firearm Owner's Identification
23Card has been revoked or suspended may petition the court, if
24the petitioner is present in court or has notice of the
25respondent's petition, to transfer the respondent's firearm to
26a person who is lawfully able to possess the firearm if the

HB4411- 83 -LRB101 19800 RLC 69311 b
1person does not reside at the same address as the respondent.
2Notice of the petition shall be served upon the person
3protected by the emergency firearms restraining order. While
4the order is in effect, the transferee who receives the
5respondent's firearms must swear or affirm by affidavit that he
6or she shall not transfer the firearm to the respondent or to
7anyone residing in the same residence as the respondent.
8 (i-6) If a person other than the respondent claims title to
9any firearms surrendered under this Section, he or she may
10petition the court, if the petitioner is present in court or
11has notice of the petition, to have the firearm returned to him
12or her. If the court determines that person to be the lawful
13owner of the firearm, the firearm shall be returned to him or
14her, provided that:
15 (1) the firearm is removed from the respondent's
16 custody, control, or possession and the lawful owner agrees
17 to store the firearm in a manner such that the respondent
18 does not have access to or control of the firearm; and
19 (2) the firearm is not otherwise unlawfully possessed
20 by the owner.
21 The person petitioning for the return of his or her firearm
22must swear or affirm by affidavit that he or she: (i) is the
23lawful owner of the firearm; (ii) shall not transfer the
24firearm to the respondent; and (iii) will store the firearm in
25a manner that the respondent does not have access to or control
26of the firearm.

HB4411- 84 -LRB101 19800 RLC 69311 b
1 (j) If the court does not issue a firearms restraining
2order at the hearing, the court shall dissolve any emergency
3firearms restraining order then in effect.
4 (k) When the court issues a firearms restraining order
5under this Section, the court shall inform the respondent that
6he or she is entitled to one hearing during the period of the
7order to request a termination of the order, under Section 45
8of this Act, and shall provide the respondent with a form to
9request a hearing.
10(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
11 Section 70. The Firearm Dealer License Certification Act is
12amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
13follows:
14 (430 ILCS 68/5-20)
15 Sec. 5-20. Additional licensee requirements.
16 (a) A certified licensee shall make a photo copy of a
17buyer's or transferee's valid photo identification card
18whenever a firearm sale transaction takes place. The photo copy
19shall be attached to the documentation detailing the record of
20sale.
21 (b) A certified licensee shall post in a conspicuous
22position on the premises where the licensee conducts business a
23sign that contains the following warning in block letters not
24less than one inch in height:

HB4411- 85 -LRB101 19800 RLC 69311 b
1 "With few exceptions enumerated in the Criminal Code of
2 2012 Firearm Owners Identification Card Act, it is unlawful
3 for you to:
4 (A) store or leave an unsecured firearm in a place
5 where a child can obtain access to it;
6 (B) sell or transfer your firearm to someone else
7 without receiving approval for the transfer from the
8 Department of State Police, or
9 (C) fail to report the loss or theft of your
10 firearm to local law enforcement within 72 hours.".
11This sign shall be created by the Department and made available
12for printing or downloading from the Department's website.
13 (c) No retail location established after the effective date
14of this Act shall be located within 500 feet of any school,
15pre-school, or day care facility in existence at its location
16before the retail location is established as measured from the
17nearest corner of the building holding the retail location to
18the corner of the school, pre-school, or day care facility
19building nearest the retail location at the time the retail
20location seeks licensure.
21(Source: P.A. 100-1178, eff. 1-18-19.)
22 (430 ILCS 68/5-25)
23 Sec. 5-25. Exemptions. The provisions of this Act related
24to the certification of a license do not apply to a person or
25entity that engages in the following activities:

HB4411- 86 -LRB101 19800 RLC 69311 b
1 (1) temporary transfers of firearms solely for use at
2 the location or on the premises where the transfer takes
3 place, such as transfers at a shooting range for use at
4 that location;
5 (2) temporary transfers of firearms solely for use
6 while in the presence of the transferor or transfers for
7 the purposes of firearm safety training by a firearms
8 safety training instructor;
9 (3) transfers of firearms among immediate family or
10 household members, as "immediate family or household
11 member" is defined in Section 3-2.7-10 of the Unified Code
12 of Corrections, provided that both the transferor and
13 transferee are not prohibited from possessing a firearm
14 under federal or State law have a currently valid Firearm
15 Owner's Identification Card; however, this paragraph (3)
16 does not limit the familial gift exemption under paragraph
17 (2) of subsection (a-15) of Section 3 of the Firearm Owners
18 Identification Card Act;
19 (4) transfers by persons or entities acting under
20 operation of law or a court order;
21 (5) transfers by persons or entities liquidating all or
22 part of a collection. For purposes of this paragraph (5),
23 "collection" means 2 or more firearms which are of special
24 interest to collectors by reason of some quality other than
25 is associated with firearms intended for sporting use or as
26 offensive or defensive weapons;

HB4411- 87 -LRB101 19800 RLC 69311 b
1 (6) transfers of firearms that have been rendered
2 permanently inoperable to a nonprofit historical society,
3 museum, or institutional collection;
4 (7) transfers by a law enforcement or corrections
5 agency or a law enforcement or corrections officer acting
6 within the course and scope of his or her official duties;
7 (8) (blank); transfers to a State or local law
8 enforcement agency by a person who has his or her Firearm
9 Owner's Identification Card revoked;
10 (9) transfers of curios and relics, as defined under
11 federal law, between collectors licensed under subsection
12 (b) of Section 923 of the federal Gun Control Act of 1968;
13 (10) transfers by a person or entity licensed as an
14 auctioneer under the Auction License Act;
15 (10.5) transfers of firearms to a resident registered
16 competitor or attendee or non-resident registered
17 competitor or attendee by a licensed federal firearms
18 dealer under Section 923 of the federal Gun Control Act of
19 1968 at a competitive shooting event held at the World
20 Shooting and Recreational Complex that is sanctioned by a
21 national governing body; or
22 (11) transfers between a pawnshop and a customer which
23 amount to a bailment. For purposes of this paragraph (11),
24 "bailment" means the act of placing property in the custody
25 and control of another, by agreement in which the holder is
26 responsible for the safekeeping and return of the property.

HB4411- 88 -LRB101 19800 RLC 69311 b
1(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
2 (430 ILCS 68/5-40)
3 Sec. 5-40. Qualifications for operation.
4 (a) Each certified licensee shall submit with each
5application for certification or renewal an affidavit to the
6Department stating that each owner, employee, or other agent of
7the certified licensee who sells or conducts transfers of
8firearms for the certified licensee is at least 21 years of
9age, has a currently valid Firearm Owner's Identification Card
10and, for a renewal, has completed the training required under
11Section 5-30. The affidavit must also contain the name and
12Firearm Owner's Identification Card number of each owner,
13employee, or other agent who sells or conducts transfers of
14firearms for the certified licensee. If an owner, employee, or
15other agent of the certified licensee is not otherwise a
16resident of this State, the certified licensee shall submit an
17affidavit stating that the owner, employee, or other agent has
18undergone a background check and is not prohibited from owning
19or possessing firearms.
20 (b) In addition to the affidavit required under subsection
21(a), within 30 days of a new owner, employee, or other agent
22beginning selling or conducting transfers of firearms for the
23certified licensee, the certified licensee shall submit an
24affidavit to the Department stating the date that the new
25owner, employee, or other agent began selling or conducting

HB4411- 89 -LRB101 19800 RLC 69311 b
1transfers of firearms for the certified licensee, and providing
2the information required in subsection (a) for that new owner,
3employee, or other agent.
4 (c) If a certified licensee has a license, certificate, or
5permit to sell, lease, transfer, purchase, or possess firearms
6issued by the federal government or the government of any state
7revoked or suspended for good cause within the preceding 4
8years, the Department may consider revoking or suspending the
9certified licenses in this State. In making a determination of
10whether or not to revoke or suspend a certified license in this
11State, the Department shall consider the number of retail
12locations the certified licensee or any related person or
13entity operates in this State or in other states under the same
14or different business names, and the severity of the infraction
15in the state in which a license was revoked or suspended.
16 (d) Applications and affidavits required under this
17Section are not subject to disclosure by the Department under
18the Freedom of Information Act.
19(Source: P.A. 100-1178, eff. 1-18-19.)
20 (430 ILCS 68/5-85)
21 Sec. 5-85. Disciplinary sanctions.
22 (a) For violations of this Act not penalized under Section
235-15, the Department may refuse to renew or restore, or may
24reprimand, place on probation, suspend, revoke, or take other
25disciplinary or non-disciplinary action against any licensee,

HB4411- 90 -LRB101 19800 RLC 69311 b
1and may impose a fine commensurate with the severity of the
2violation not to exceed $10,000 for each violation for any of
3the following, consistent with the Protection of Lawful
4Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
5 (1) Violations of this Act, or any law applicable to
6 the sale or transfer of firearms.
7 (2) A pattern of practice or other behavior which
8 demonstrates incapacity or incompetency to practice under
9 this Act.
10 (3) Aiding or assisting another person in violating any
11 provision of this Act or rules adopted under this Act.
12 (4) Failing, within 60 days, to provide information in
13 response to a written request made by the Department.
14 (5) Conviction of, plea of guilty to, or plea of nolo
15 contendere to any crime that disqualifies the person from
16 obtaining a firearm valid Firearm Owner's Identification
17 Card.
18 (6) Continued practice, although the person has become
19 unfit to practice due to any of the following:
20 (A) Any circumstance that disqualifies the person
21 from obtaining a firearm valid Firearm Owner's
22 Identification Card or concealed carry license.
23 (B) Habitual or excessive use or abuse of drugs
24 defined in law as controlled substances, alcohol, or
25 any other substance that results in the inability to
26 practice with reasonable judgment, skill, or safety.

HB4411- 91 -LRB101 19800 RLC 69311 b
1 (7) Receiving, directly or indirectly, compensation
2 for any firearms sold or transferred illegally.
3 (8) Discipline by another United States jurisdiction,
4 foreign nation, or governmental agency, if at least one of
5 the grounds for the discipline is the same or substantially
6 equivalent to those set forth in this Act.
7 (9) Violation of any disciplinary order imposed on a
8 licensee by the Department.
9 (10) A finding by the Department that the licensee,
10 after having his or her certified license placed on
11 probationary status, has violated the terms of probation.
12 (11) A fraudulent or material misstatement in the
13 completion of an affirmative obligation or inquiry by law
14 enforcement.
15 (b) All fines imposed under this Section shall be paid
16within 90 days after the effective date of the final order
17imposing the fine.
18(Source: P.A. 100-1178, eff. 1-18-19.)
19 Section 75. The Wildlife Code is amended by changing
20Sections 3.2 and 3.2a as follows:
21 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
22 Sec. 3.2. Hunting license; application; instruction.
23Before the Department or any county, city, village, township,
24incorporated town clerk or his duly designated agent or any

HB4411- 92 -LRB101 19800 RLC 69311 b
1other person authorized or designated by the Department to
2issue hunting licenses shall issue a hunting license to any
3person, the person shall file his application with the
4Department or other party authorized to issue licenses on a
5form provided by the Department and further give definite proof
6of identity and place of legal residence. Each clerk
7designating agents to issue licenses and stamps shall furnish
8the Department, within 10 days following the appointment, the
9names and mailing addresses of the agents. Each clerk or his
10duly designated agent shall be authorized to sell licenses and
11stamps only within the territorial area for which he was
12elected or appointed. No duly designated agent is authorized to
13furnish licenses or stamps for issuance by any other business
14establishment. Each application shall be executed and sworn to
15and shall set forth the name and description of the applicant
16and place of residence.
17 No hunting license shall be issued to any person born on or
18after January 1, 1980 unless he presents the person authorized
19to issue the license evidence that he has held a hunting
20license issued by the State of Illinois or another state in a
21prior year, or a certificate of competency as provided in this
22Section. Persons under 18 years of age may be issued a Lifetime
23Hunting or Sportsmen's Combination License as provided under
24Section 20-45 of the Fish and Aquatic Life Code but shall not
25be entitled to hunt alone, without the supervision of an adult
26age 21 or older, unless they have a certificate of competency

HB4411- 93 -LRB101 19800 RLC 69311 b
1as provided in this Section and the certificate is in their
2possession while hunting.
3 The Department of Natural Resources shall authorize
4personnel of the Department or certified volunteer instructors
5to conduct courses, of not less than 10 hours in length, in
6firearms and hunter safety, which may include training in bow
7and arrow safety, at regularly specified intervals throughout
8the State. Persons successfully completing the course shall
9receive a certificate of competency. The Department of Natural
10Resources may further cooperate with any reputable association
11or organization in establishing courses if the organization has
12as one of its objectives the promotion of safety in the
13handling of firearms or bow and arrow.
14 The Department of Natural Resources shall designate any
15person found by it to be competent to give instruction in the
16handling of firearms, hunter safety, and bow and arrow. The
17persons so appointed shall give the course of instruction and
18upon the successful completion shall issue to the person
19instructed a certificate of competency in the safe handling of
20firearms, hunter safety, and bow and arrow. No charge shall be
21made for any course of instruction except for materials or
22ammunition consumed. The Department of Natural Resources shall
23furnish information on the requirements of hunter safety
24education programs to be distributed free of charge to
25applicants for hunting licenses by the persons appointed and
26authorized to issue licenses. Funds for the conducting of

HB4411- 94 -LRB101 19800 RLC 69311 b
1firearms and hunter safety courses shall be taken from the fee
2charged for the Firearm Owners Identification Card.
3 The fee for a hunting license to hunt all species for a
4resident of Illinois is $12. For residents age 65 or older,
5and, commencing with the 2012 license year, resident veterans
6of the United States Armed Forces after returning from service
7abroad or mobilization by the President of the United States,
8the fee is one-half of the fee charged for a hunting license to
9hunt all species for a resident of Illinois. Veterans must
10provide to the Department, at one of the Department's 5
11regional offices, verification of their service. The
12Department shall establish what constitutes suitable
13verification of service for the purpose of issuing resident
14veterans hunting licenses at a reduced fee. The fee for a
15hunting license to hunt all species shall be $1 for residents
16over 75 years of age. Nonresidents shall be charged $57 for a
17hunting license.
18 Nonresidents may be issued a nonresident hunting license
19for a period not to exceed 10 consecutive days' hunting in the
20State and shall be charged a fee of $35.
21 A special nonresident hunting license authorizing a
22nonresident to take game birds by hunting on a game breeding
23and hunting preserve area only, established under Section 3.27,
24shall be issued upon proper application being made and payment
25of a fee equal to that for a resident hunting license. The
26expiration date of this license shall be on the same date each

HB4411- 95 -LRB101 19800 RLC 69311 b
1year that game breeding and hunting preserve area licenses
2expire.
3 Each applicant for a State Migratory Waterfowl Stamp,
4regardless of his residence or other condition, shall pay a fee
5of $15 and shall receive a stamp. The fee for a State Migratory
6Waterfowl Stamp shall be waived for residents over 75 years of
7age. Except as provided under Section 20-45 of the Fish and
8Aquatic Life Code, the stamp shall be signed by the person or
9affixed to his license or permit in a space designated by the
10Department for that purpose.
11 Each applicant for a State Habitat Stamp, regardless of his
12residence or other condition, shall pay a fee of $5 and shall
13receive a stamp. The fee for a State Habitat Stamp shall be
14waived for residents over 75 years of age. Except as provided
15under Section 20-45 of the Fish and Aquatic Life Code, the
16stamp shall be signed by the person or affixed to his license
17or permit in a space designated by the Department for that
18purpose.
19 Nothing in this Section shall be construed as to require
20the purchase of more than one State Habitat Stamp by any person
21in any one license year.
22 The fees for State Pheasant Stamps and State Furbearer
23Stamps shall be waived for residents over 75 years of age.
24 The Department shall furnish the holders of hunting
25licenses and stamps with an insignia as evidence of possession
26of license, or license and stamp, as the Department may

HB4411- 96 -LRB101 19800 RLC 69311 b
1consider advisable. The insignia shall be exhibited and used as
2the Department may order.
3 All other hunting licenses and all State stamps shall
4expire upon March 31 of each year.
5 Every person holding any license, permit, or stamp issued
6under the provisions of this Act shall have it in his
7possession for immediate presentation for inspection to the
8officers and authorized employees of the Department, any
9sheriff, deputy sheriff, or any other peace officer making a
10demand for it. This provision shall not apply to Department
11owned or managed sites where it is required that all hunters
12deposit their license or , permit, or Firearm Owner's
13Identification Card at the check station upon entering the
14hunting areas.
15(Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)
16 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
17 Sec. 3.2a. Every person holding any license, permit or
18stamp issued under the provisions hereof shall have it in his
19possession for immediate presentation for inspection to the
20officers and authorized employees of the Department, any
21sheriff, deputy sheriff or any other peace officer making a
22demand for it. This provision shall not apply to Department
23owned or managed sites where it is required that all hunters
24deposit their license or , permit or Firearm Owner's
25Identification Card at the check station upon entering the

HB4411- 97 -LRB101 19800 RLC 69311 b
1hunting areas.
2(Source: P.A. 85-152.)
3 Section 76. The Illinois Vehicle Code is amended by
4changing Section 2-116 as follows:
5 (625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
6 Sec. 2-116. Secretary of State Department of Police.
7 (a) The Secretary of State and the officers, inspectors,
8and investigators appointed by him shall cooperate with the
9State Police and the sheriffs and police in enforcing the laws
10regulating the operation of vehicles and the use of the
11highways.
12 (b) The Secretary of State may provide training and
13education for members of his office in traffic regulation, the
14promotion of traffic safety and the enforcement of laws vested
15in the Secretary of State for administration and enforcement
16regulating the operation of vehicles and the use of the
17highways.
18 (c) The Secretary of State may provide distinctive uniforms
19and badges for officers, inspectors and investigators employed
20in the administration of laws relating to the operation of
21vehicles and the use of the highways and vesting the
22administration and enforcement of such laws in the Secretary of
23State.
24 (c-5) The Director of the Secretary of State Department of

HB4411- 98 -LRB101 19800 RLC 69311 b
1Police shall establish a program to allow a Secretary of State
2Police officer, inspector, or investigator who is honorably
3retiring in good standing to purchase either one or both of the
4following: (1) any Secretary of State Department of Police
5badge previously issued to that officer, inspector, or
6investigator; or (2) if the officer, inspector, or investigator
7has a currently valid Firearm Owner's Identification Card, the
8service firearm issued or previously issued to the officer,
9inspector, or investigator by the Secretary of State Department
10of Police. The cost of the firearm shall be the replacement
11value of the firearm and not the firearm's fair market value.
12 (d) The Secretary of State Department of Police is
13authorized to:
14 (1) investigate the origins, activities, persons, and
15 incidents of crime and the ways and means, if any, to
16 redress the victims of crimes, and study the impact, if
17 any, of legislation relative to the criminal laws of this
18 State related thereto and conduct any other investigations
19 as may be provided by law;
20 (2) employ skilled experts, technicians,
21 investigators, special agents, or otherwise specially
22 qualified persons to aid in preventing or detecting crime,
23 apprehending criminals, or preparing and presenting
24 evidence of violations of the criminal laws of the State;
25 (3) cooperate with the police of cities, villages, and
26 incorporated towns, and with the police officers of any

HB4411- 99 -LRB101 19800 RLC 69311 b
1 county, in enforcing the laws of the State and in making
2 arrests;
3 (4) provide, as may be required by law, assistance to
4 local law enforcement agencies through training,
5 management, and consultant services for local law
6 enforcement agencies, pertaining to law enforcement
7 activities;
8 (5) exercise the rights, powers, and duties which have
9 been vested in it by the Secretary of State Act and this
10 Code; and
11 (6) enforce and administer any other laws in relation
12 to law enforcement as may be vested in the Secretary of
13 State Department of Police.
14 Persons within the Secretary of State Department of Police
15who exercise these powers are conservators of the peace and
16have all the powers possessed by policemen in municipalities
17and sheriffs, and may exercise these powers anywhere in the
18State in cooperation with local law enforcement officials.
19These persons may use false or fictitious names in the
20performance of their duties under this Section, upon approval
21of the Director of Police-Secretary of State, and shall not be
22subject to prosecution under the criminal laws for that use.
23 (e) The Secretary of State Department of Police may charge,
24collect, and receive fees or moneys equivalent to the cost of
25providing its personnel, equipment, and services to
26governmental agencies when explicitly requested by a

HB4411- 100 -LRB101 19800 RLC 69311 b
1governmental agency and according to an intergovernmental
2agreement or memorandums of understanding as provided by this
3Section, including but not limited to fees or moneys equivalent
4to the cost of providing training to other governmental
5agencies on terms and conditions that in the judgment of the
6Director of Police-Secretary of State are in the best interest
7of the Secretary of State. All fees received by the Secretary
8of State Police Department under this Act shall be deposited in
9a special fund in the State Treasury to be known as the
10Secretary of State Police Services Fund. The money deposited in
11the Secretary of State Police Services Fund shall be
12appropriated to the Secretary of State Department of Police as
13provided for in subsection (g).
14 (f) The Secretary of State Department of Police may apply
15for grants or contracts and receive, expend, allocate, or
16disburse moneys made available by public or private entities,
17including, but not limited to, contracts, bequests, grants, or
18receiving equipment from corporations, foundations, or public
19or private institutions of higher learning.
20 (g) The Secretary of State Police Services Fund is hereby
21created as a special fund in the State Treasury. All moneys
22received under this Section by the Secretary of State
23Department of Police shall be deposited into the Secretary of
24State Police Services Fund to be appropriated to the Secretary
25of State Department of Police for purposes as indicated by the
26grantor or contractor or, in the case of moneys bequeathed or

HB4411- 101 -LRB101 19800 RLC 69311 b
1granted for no specific purpose, for any purpose as deemed
2appropriate by the Director of Police-Secretary of State in
3administering the responsibilities of the Secretary of State
4Department of Police.
5(Source: P.A. 100-931, eff. 8-17-18.)
6 Section 80. The Criminal Code of 2012 is amended by
7changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
824-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,
924-3.5, 24-3B, 24-4.1, and 24-9 and adding Section 24-4.5 as
10follows:
11 (720 ILCS 5/2-7.1)
12 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
13"Firearm "Firearm" and "firearm ammunition" means any
14self-contained cartridge or shotgun shell, by whatever name
15known, which is designed to be used or adaptable to use in a
16firearm; excluding, however:
17 (1) any ammunition exclusively designed for use with a
18device used exclusively for signalling or safety and required
19or recommended by the United States Coast Guard or the
20Interstate Commerce Commission; and
21 (2) any ammunition designed exclusively for use with a stud
22or rivet driver or other similar industrial ammunition have the
23meanings ascribed to them in Section 1.1 of the Firearm Owners
24Identification Card Act.

HB4411- 102 -LRB101 19800 RLC 69311 b
1(Source: P.A. 91-544, eff. 1-1-00.)
2 (720 ILCS 5/2-7.5)
3 Sec. 2-7.5. "Firearm". Except as otherwise provided in a
4specific Section, "firearm" means any device, by whatever name
5known, which is designed to expel a projectile or projectiles
6by the action of an explosion, expansion of gas or escape of
7gas; excluding, however:
8 (1) any pneumatic gun, spring gun, paint ball gun, or B-B
9gun which expels a single globular projectile not exceeding .18
10inch in diameter or which has a maximum muzzle velocity of less
11than 700 feet per second;
12 (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B
13gun which expels breakable paint balls containing washable
14marking colors;
15 (2) any device used exclusively for signalling or safety
16and required or recommended by the United States Coast Guard or
17the Interstate Commerce Commission;
18 (3) any device used exclusively for the firing of stud
19cartridges, explosive rivets, or similar industrial
20ammunition; and
21 (4) an antique firearm (other than a machine-gun) which,
22although designed as a weapon, the Illinois State Police finds
23by reason of the date of its manufacture, value, design, and
24other characteristics is primarily a collector's item and is
25not likely to be used as a weapon has the meaning ascribed to

HB4411- 103 -LRB101 19800 RLC 69311 b
1it in Section 1.1 of the Firearm Owners Identification Card
2Act.
3(Source: P.A. 95-331, eff. 8-21-07.)
4 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
5 Sec. 12-3.05. Aggravated battery.
6 (a) Offense based on injury. A person commits aggravated
7battery when, in committing a battery, other than by the
8discharge of a firearm, he or she knowingly does any of the
9following:
10 (1) Causes great bodily harm or permanent disability or
11 disfigurement.
12 (2) Causes severe and permanent disability, great
13 bodily harm, or disfigurement by means of a caustic or
14 flammable substance, a poisonous gas, a deadly biological
15 or chemical contaminant or agent, a radioactive substance,
16 or a bomb or explosive compound.
17 (3) Causes great bodily harm or permanent disability or
18 disfigurement to an individual whom the person knows to be
19 a peace officer, community policing volunteer, fireman,
20 private security officer, correctional institution
21 employee, or Department of Human Services employee
22 supervising or controlling sexually dangerous persons or
23 sexually violent persons:
24 (i) performing his or her official duties;
25 (ii) battered to prevent performance of his or her

HB4411- 104 -LRB101 19800 RLC 69311 b
1 official duties; or
2 (iii) battered in retaliation for performing his
3 or her official duties.
4 (4) Causes great bodily harm or permanent disability or
5 disfigurement to an individual 60 years of age or older.
6 (5) Strangles another individual.
7 (b) Offense based on injury to a child or person with an
8intellectual disability. A person who is at least 18 years of
9age commits aggravated battery when, in committing a battery,
10he or she knowingly and without legal justification by any
11means:
12 (1) causes great bodily harm or permanent disability or
13 disfigurement to any child under the age of 13 years, or to
14 any person with a severe or profound intellectual
15 disability; or
16 (2) causes bodily harm or disability or disfigurement
17 to any child under the age of 13 years or to any person
18 with a severe or profound intellectual disability.
19 (c) Offense based on location of conduct. A person commits
20aggravated battery when, in committing a battery, other than by
21the discharge of a firearm, he or she is or the person battered
22is on or about a public way, public property, a public place of
23accommodation or amusement, a sports venue, or a domestic
24violence shelter, or in a church, synagogue, mosque, or other
25building, structure, or place used for religious worship.
26 (d) Offense based on status of victim. A person commits

HB4411- 105 -LRB101 19800 RLC 69311 b
1aggravated battery when, in committing a battery, other than by
2discharge of a firearm, he or she knows the individual battered
3to be any of the following:
4 (1) A person 60 years of age or older.
5 (2) A person who is pregnant or has a physical
6 disability.
7 (3) A teacher or school employee upon school grounds or
8 grounds adjacent to a school or in any part of a building
9 used for school purposes.
10 (4) A peace officer, community policing volunteer,
11 fireman, private security officer, correctional
12 institution employee, or Department of Human Services
13 employee supervising or controlling sexually dangerous
14 persons or sexually violent persons:
15 (i) performing his or her official duties;
16 (ii) battered to prevent performance of his or her
17 official duties; or
18 (iii) battered in retaliation for performing his
19 or her official duties.
20 (5) A judge, emergency management worker, emergency
21 medical services personnel, or utility worker:
22 (i) performing his or her official duties;
23 (ii) battered to prevent performance of his or her
24 official duties; or
25 (iii) battered in retaliation for performing his
26 or her official duties.

HB4411- 106 -LRB101 19800 RLC 69311 b
1 (6) An officer or employee of the State of Illinois, a
2 unit of local government, or a school district, while
3 performing his or her official duties.
4 (7) A transit employee performing his or her official
5 duties, or a transit passenger.
6 (8) A taxi driver on duty.
7 (9) A merchant who detains the person for an alleged
8 commission of retail theft under Section 16-26 of this Code
9 and the person without legal justification by any means
10 causes bodily harm to the merchant.
11 (10) A person authorized to serve process under Section
12 2-202 of the Code of Civil Procedure or a special process
13 server appointed by the circuit court while that individual
14 is in the performance of his or her duties as a process
15 server.
16 (11) A nurse while in the performance of his or her
17 duties as a nurse.
18 (e) Offense based on use of a firearm. A person commits
19aggravated battery when, in committing a battery, he or she
20knowingly does any of the following:
21 (1) Discharges a firearm, other than a machine gun or a
22 firearm equipped with a silencer, and causes any injury to
23 another person.
24 (2) Discharges a firearm, other than a machine gun or a
25 firearm equipped with a silencer, and causes any injury to
26 a person he or she knows to be a peace officer, community

HB4411- 107 -LRB101 19800 RLC 69311 b
1 policing volunteer, person summoned by a police officer,
2 fireman, private security officer, correctional
3 institution employee, or emergency management worker:
4 (i) performing his or her official duties;
5 (ii) battered to prevent performance of his or her
6 official duties; or
7 (iii) battered in retaliation for performing his
8 or her official duties.
9 (3) Discharges a firearm, other than a machine gun or a
10 firearm equipped with a silencer, and causes any injury to
11 a person he or she knows to be emergency medical services
12 personnel:
13 (i) performing his or her official duties;
14 (ii) battered to prevent performance of his or her
15 official duties; or
16 (iii) battered in retaliation for performing his
17 or her official duties.
18 (4) Discharges a firearm and causes any injury to a
19 person he or she knows to be a teacher, a student in a
20 school, or a school employee, and the teacher, student, or
21 employee is upon school grounds or grounds adjacent to a
22 school or in any part of a building used for school
23 purposes.
24 (5) Discharges a machine gun or a firearm equipped with
25 a silencer, and causes any injury to another person.
26 (6) Discharges a machine gun or a firearm equipped with

HB4411- 108 -LRB101 19800 RLC 69311 b
1 a silencer, and causes any injury to a person he or she
2 knows to be a peace officer, community policing volunteer,
3 person summoned by a police officer, fireman, private
4 security officer, correctional institution employee or
5 emergency management 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 (7) Discharges a machine gun or a firearm equipped with
12 a silencer, and causes any injury to a person he or she
13 knows to be emergency medical services personnel:
14 (i) performing his or her official duties;
15 (ii) battered to prevent performance of his or her
16 official duties; or
17 (iii) battered in retaliation for performing his
18 or her official duties.
19 (8) Discharges a machine gun or a firearm equipped with
20 a silencer, and causes any injury to a person he or she
21 knows to be a teacher, or a student in a school, or a
22 school employee, and the teacher, student, or employee is
23 upon school grounds or grounds adjacent to a school or in
24 any part of a building used for school purposes.
25 (f) Offense based on use of a weapon or device. A person
26commits aggravated battery when, in committing a battery, he or

HB4411- 109 -LRB101 19800 RLC 69311 b
1she does any of the following:
2 (1) Uses a deadly weapon other than by discharge of a
3 firearm, or uses an air rifle as defined in Section
4 24.8-0.1 of this Code.
5 (2) Wears a hood, robe, or mask to conceal his or her
6 identity.
7 (3) Knowingly and without lawful justification shines
8 or flashes a laser gunsight or other laser device attached
9 to a firearm, or used in concert with a firearm, so that
10 the laser beam strikes upon or against the person of
11 another.
12 (4) Knowingly video or audio records the offense with
13 the intent to disseminate the recording.
14 (g) Offense based on certain conduct. A person commits
15aggravated battery when, other than by discharge of a firearm,
16he or she does any of the following:
17 (1) Violates Section 401 of the Illinois Controlled
18 Substances Act by unlawfully delivering a controlled
19 substance to another and any user experiences great bodily
20 harm or permanent disability as a result of the injection,
21 inhalation, or ingestion of any amount of the controlled
22 substance.
23 (2) Knowingly administers to an individual or causes
24 him or her to take, without his or her consent or by threat
25 or deception, and for other than medical purposes, any
26 intoxicating, poisonous, stupefying, narcotic, anesthetic,

HB4411- 110 -LRB101 19800 RLC 69311 b
1 or controlled substance, or gives to another person any
2 food containing any substance or object intended to cause
3 physical injury if eaten.
4 (3) Knowingly causes or attempts to cause a
5 correctional institution employee or Department of Human
6 Services employee to come into contact with blood, seminal
7 fluid, urine, or feces by throwing, tossing, or expelling
8 the fluid or material, and the person is an inmate of a
9 penal institution or is a sexually dangerous person or
10 sexually violent person in the custody of the Department of
11 Human Services.
12 (h) Sentence. Unless otherwise provided, aggravated
13battery is a Class 3 felony.
14 Aggravated battery as defined in subdivision (a)(4),
15(d)(4), or (g)(3) is a Class 2 felony.
16 Aggravated battery as defined in subdivision (a)(3) or
17(g)(1) is a Class 1 felony.
18 Aggravated battery as defined in subdivision (a)(1) is a
19Class 1 felony when the aggravated battery was intentional and
20involved the infliction of torture, as defined in paragraph
21(14) of subsection (b) of Section 9-1 of this Code, as the
22infliction of or subjection to extreme physical pain, motivated
23by an intent to increase or prolong the pain, suffering, or
24agony of the victim.
25 Aggravated battery as defined in subdivision (a)(1) is a
26Class 2 felony when the person causes great bodily harm or

HB4411- 111 -LRB101 19800 RLC 69311 b
1permanent disability to an individual whom the person knows to
2be a member of a congregation engaged in prayer or other
3religious activities at a church, synagogue, mosque, or other
4building, structure, or place used for religious worship.
5 Aggravated battery under subdivision (a)(5) is a Class 1
6felony if:
7 (A) the person used or attempted to use a dangerous
8 instrument while committing the offense; or
9 (B) the person caused great bodily harm or permanent
10 disability or disfigurement to the other person while
11 committing the offense; or
12 (C) the person has been previously convicted of a
13 violation of subdivision (a)(5) under the laws of this
14 State or laws similar to subdivision (a)(5) of any other
15 state.
16 Aggravated battery as defined in subdivision (e)(1) is a
17Class X felony.
18 Aggravated battery as defined in subdivision (a)(2) is a
19Class X felony for which a person shall be sentenced to a term
20of imprisonment of a minimum of 6 years and a maximum of 45
21years.
22 Aggravated battery as defined in subdivision (e)(5) is a
23Class X felony for which a person shall be sentenced to a term
24of imprisonment of a minimum of 12 years and a maximum of 45
25years.
26 Aggravated battery as defined in subdivision (e)(2),

HB4411- 112 -LRB101 19800 RLC 69311 b
1(e)(3), or (e)(4) is a Class X felony for which a person shall
2be sentenced to a term of imprisonment of a minimum of 15 years
3and a maximum of 60 years.
4 Aggravated battery as defined in subdivision (e)(6),
5(e)(7), or (e)(8) is a Class X felony for which a person shall
6be sentenced to a term of imprisonment of a minimum of 20 years
7and a maximum of 60 years.
8 Aggravated battery as defined in subdivision (b)(1) is a
9Class X felony, except that:
10 (1) if the person committed the offense while armed
11 with a firearm, 15 years shall be added to the term of
12 imprisonment imposed by the court;
13 (2) if, during the commission of the offense, the
14 person personally discharged a firearm, 20 years shall be
15 added to the term of imprisonment imposed by the court;
16 (3) if, during the commission of the offense, the
17 person personally discharged a firearm that proximately
18 caused great bodily harm, permanent disability, permanent
19 disfigurement, or death to another person, 25 years or up
20 to a term of natural life shall be added to the term of
21 imprisonment imposed by the court.
22 (i) Definitions. In this Section:
23 "Building or other structure used to provide shelter" has
24the meaning ascribed to "shelter" in Section 1 of the Domestic
25Violence Shelters Act.
26 "Domestic violence" has the meaning ascribed to it in

HB4411- 113 -LRB101 19800 RLC 69311 b
1Section 103 of the Illinois Domestic Violence Act of 1986.
2 "Domestic violence shelter" means any building or other
3structure used to provide shelter or other services to victims
4or to the dependent children of victims of domestic violence
5pursuant to the Illinois Domestic Violence Act of 1986 or the
6Domestic Violence Shelters Act, or any place within 500 feet of
7such a building or other structure in the case of a person who
8is going to or from such a building or other structure.
9 "Firearm" has the meaning provided under Section 2-7.5 of
10this Code 1.1 of the Firearm Owners Identification Card Act,
11and does not include an air rifle as defined by Section
1224.8-0.1 of this Code.
13 "Machine gun" has the meaning ascribed to it in Section
1424-1 of this Code.
15 "Merchant" has the meaning ascribed to it in Section 16-0.1
16of this Code.
17 "Strangle" means intentionally impeding the normal
18breathing or circulation of the blood of an individual by
19applying pressure on the throat or neck of that individual or
20by blocking the nose or mouth of that individual.
21(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
22 (720 ILCS 5/16-0.1)
23 Sec. 16-0.1. Definitions. In this Article, unless the
24context clearly requires otherwise, the following terms are
25defined as indicated:

HB4411- 114 -LRB101 19800 RLC 69311 b
1 "Access" means to use, instruct, communicate with, store
2data in, retrieve or intercept data from, or otherwise utilize
3any services of a computer.
4 "Coin-operated machine" includes any automatic vending
5machine or any part thereof, parking meter, coin telephone,
6coin-operated transit turnstile, transit fare box, coin
7laundry machine, coin dry cleaning machine, amusement machine,
8music machine, vending machine dispensing goods or services, or
9money changer.
10 "Communication device" means any type of instrument,
11device, machine, or equipment which is capable of transmitting,
12acquiring, decrypting, or receiving any telephonic,
13electronic, data, Internet access, audio, video, microwave, or
14radio transmissions, signals, communications, or services,
15including the receipt, acquisition, transmission, or
16decryption of all such communications, transmissions, signals,
17or services provided by or through any cable television, fiber
18optic, telephone, satellite, microwave, radio, Internet-based,
19data transmission, or wireless distribution network, system or
20facility; or any part, accessory, or component thereof,
21including any computer circuit, security module, smart card,
22software, computer chip, electronic mechanism or other
23component, accessory or part of any communication device which
24is capable of facilitating the transmission, decryption,
25acquisition or reception of all such communications,
26transmissions, signals, or services.

HB4411- 115 -LRB101 19800 RLC 69311 b
1 "Communication service" means any service lawfully
2provided for a charge or compensation to facilitate the lawful
3origination, transmission, emission, or reception of signs,
4signals, data, writings, images, and sounds or intelligence of
5any nature by telephone, including cellular telephones or a
6wire, wireless, radio, electromagnetic, photo-electronic or
7photo-optical system; and also any service lawfully provided by
8any radio, telephone, cable television, fiber optic,
9satellite, microwave, Internet-based or wireless distribution
10network, system, facility or technology, including, but not
11limited to, any and all electronic, data, video, audio,
12Internet access, telephonic, microwave and radio
13communications, transmissions, signals and services, and any
14such communications, transmissions, signals and services
15lawfully provided directly or indirectly by or through any of
16those networks, systems, facilities or technologies.
17 "Communication service provider" means: (1) any person or
18entity providing any communication service, whether directly
19or indirectly, as a reseller, including, but not limited to, a
20cellular, paging or other wireless communications company or
21other person or entity which, for a fee, supplies the facility,
22cell site, mobile telephone switching office or other equipment
23or communication service; (2) any person or entity owning or
24operating any cable television, fiber optic, satellite,
25telephone, wireless, microwave, radio, data transmission or
26Internet-based distribution network, system or facility; and

HB4411- 116 -LRB101 19800 RLC 69311 b
1(3) any person or entity providing any communication service
2directly or indirectly by or through any such distribution
3system, network or facility.
4 "Computer" means a device that accepts, processes, stores,
5retrieves or outputs data, and includes but is not limited to
6auxiliary storage and telecommunications devices connected to
7computers.
8 "Continuing course of conduct" means a series of acts, and
9the accompanying mental state necessary for the crime in
10question, irrespective of whether the series of acts are
11continuous or intermittent.
12 "Delivery container" means any bakery basket of wire or
13plastic used to transport or store bread or bakery products,
14any dairy case of wire or plastic used to transport or store
15dairy products, and any dolly or cart of 2 or 4 wheels used to
16transport or store any bakery or dairy product.
17 "Document-making implement" means any implement,
18impression, template, computer file, computer disc, electronic
19device, computer hardware, computer software, instrument, or
20device that is used to make a real or fictitious or fraudulent
21personal identification document.
22 "Financial transaction device" means any of the following:
23 (1) An electronic funds transfer card.
24 (2) A credit card.
25 (3) A debit card.
26 (4) A point-of-sale card.

HB4411- 117 -LRB101 19800 RLC 69311 b
1 (5) Any instrument, device, card, plate, code, account
2 number, personal identification number, or a record or copy
3 of a code, account number, or personal identification
4 number or other means of access to a credit account or
5 deposit account, or a driver's license or State
6 identification card used to access a proprietary account,
7 other than access originated solely by a paper instrument,
8 that can be used alone or in conjunction with another
9 access device, for any of the following purposes:
10 (A) Obtaining money, cash refund or credit
11 account, credit, goods, services, or any other thing of
12 value.
13 (B) Certifying or guaranteeing to a person or
14 business the availability to the device holder of funds
15 on deposit to honor a draft or check payable to the
16 order of that person or business.
17 (C) Providing the device holder access to a deposit
18 account for the purpose of making deposits,
19 withdrawing funds, transferring funds between deposit
20 accounts, obtaining information pertaining to a
21 deposit account, or making an electronic funds
22 transfer.
23 "Full retail value" means the merchant's stated or
24advertised price of the merchandise. "Full retail value"
25includes the aggregate value of property obtained from retail
26thefts committed by the same person as part of a continuing

HB4411- 118 -LRB101 19800 RLC 69311 b
1course of conduct from one or more mercantile establishments in
2a single transaction or in separate transactions over a period
3of one year.
4 "Internet" means an interactive computer service or system
5or an information service, system, or access software provider
6that provides or enables computer access by multiple users to a
7computer server, and includes, but is not limited to, an
8information service, system, or access software provider that
9provides access to a network system commonly known as the
10Internet, or any comparable system or service and also
11includes, but is not limited to, a World Wide Web page,
12newsgroup, message board, mailing list, or chat area on any
13interactive computer service or system or other online service.
14 "Library card" means a card or plate issued by a library
15facility for purposes of identifying the person to whom the
16library card was issued as authorized to borrow library
17material, subject to all limitations and conditions imposed on
18the borrowing by the library facility issuing such card.
19 "Library facility" includes any public library or museum,
20or any library or museum of an educational, historical or
21eleemosynary institution, organization or society.
22 "Library material" includes any book, plate, picture,
23photograph, engraving, painting, sculpture, statue, artifact,
24drawing, map, newspaper, pamphlet, broadside, magazine,
25manuscript, document, letter, microfilm, sound recording,
26audiovisual material, magnetic or other tape, electronic data

HB4411- 119 -LRB101 19800 RLC 69311 b
1processing record or other documentary, written or printed
2material regardless of physical form or characteristics, or any
3part thereof, belonging to, or on loan to or otherwise in the
4custody of a library facility.
5 "Manufacture or assembly of an unlawful access device"
6means to make, produce or assemble an unlawful access device or
7to modify, alter, program or re-program any instrument, device,
8machine, equipment or software so that it is capable of
9defeating or circumventing any technology, device or software
10used by the provider, owner or licensee of a communication
11service or of any data, audio or video programs or
12transmissions to protect any such communication, data, audio or
13video services, programs or transmissions from unauthorized
14access, acquisition, disclosure, receipt, decryption,
15communication, transmission or re-transmission.
16 "Manufacture or assembly of an unlawful communication
17device" means to make, produce or assemble an unlawful
18communication or wireless device or to modify, alter, program
19or reprogram a communication or wireless device to be capable
20of acquiring, disrupting, receiving, transmitting, decrypting,
21or facilitating the acquisition, disruption, receipt,
22transmission or decryption of, a communication service without
23the express consent or express authorization of the
24communication service provider, or to knowingly assist others
25in those activities.
26 "Master sound recording" means the original physical

HB4411- 120 -LRB101 19800 RLC 69311 b
1object on which a given set of sounds were first recorded and
2which the original object from which all subsequent sound
3recordings embodying the same set of sounds are directly or
4indirectly derived.
5 "Merchandise" means any item of tangible personal
6property, including motor fuel.
7 "Merchant" means an owner or operator of any retail
8mercantile establishment or any agent, employee, lessee,
9consignee, officer, director, franchisee, or independent
10contractor of the owner or operator. "Merchant" also means a
11person who receives from an authorized user of a payment card,
12or someone the person believes to be an authorized user, a
13payment card or information from a payment card, or what the
14person believes to be a payment card or information from a
15payment card, as the instrument for obtaining, purchasing or
16receiving goods, services, money, or anything else of value
17from the person.
18 "Motor fuel" means a liquid, regardless of its properties,
19used to propel a vehicle, including gasoline and diesel.
20 "Online" means the use of any electronic or wireless device
21to access the Internet.
22 "Payment card" means a credit card, charge card, debit
23card, or any other card that is issued to an authorized card
24user and that allows the user to obtain, purchase, or receive
25goods, services, money, or anything else of value from a
26merchant.

HB4411- 121 -LRB101 19800 RLC 69311 b
1 "Person with a disability" means a person who suffers from
2a physical or mental impairment resulting from disease, injury,
3functional disorder or congenital condition that impairs the
4individual's mental or physical ability to independently
5manage his or her property or financial resources, or both.
6 "Personal identification document" means a birth
7certificate, a driver's license, a State identification card, a
8public, government, or private employment identification card,
9a social security card, a license issued under the Firearm
10Concealed Carry Act firearm owner's identification card, a
11credit card, a debit card, or a passport issued to or on behalf
12of a person other than the offender, or any document made or
13issued, or falsely purported to have been made or issued, by or
14under the authority of the United States Government, the State
15of Illinois, or any other state political subdivision of any
16state, or any other governmental or quasi-governmental
17organization that is of a type intended for the purpose of
18identification of an individual, or any such document made or
19altered in a manner that it falsely purports to have been made
20on behalf of or issued to another person or by the authority of
21one who did not give that authority.
22 "Personal identifying information" means any of the
23following information:
24 (1) A person's name.
25 (2) A person's address.
26 (3) A person's date of birth.

HB4411- 122 -LRB101 19800 RLC 69311 b
1 (4) A person's telephone number.
2 (5) A person's driver's license number or State of
3 Illinois identification card as assigned by the Secretary
4 of State of the State of Illinois or a similar agency of
5 another state.
6 (6) A person's social security number.
7 (7) A person's public, private, or government
8 employer, place of employment, or employment
9 identification number.
10 (8) The maiden name of a person's mother.
11 (9) The number assigned to a person's depository
12 account, savings account, or brokerage account.
13 (10) The number assigned to a person's credit or debit
14 card, commonly known as a "Visa Card", "MasterCard",
15 "American Express Card", "Discover Card", or other similar
16 cards whether issued by a financial institution,
17 corporation, or business entity.
18 (11) Personal identification numbers.
19 (12) Electronic identification numbers.
20 (13) Digital signals.
21 (14) User names, passwords, and any other word, number,
22 character or combination of the same usable in whole or
23 part to access information relating to a specific
24 individual, or to the actions taken, communications made or
25 received, or other activities or transactions of a specific
26 individual.

HB4411- 123 -LRB101 19800 RLC 69311 b
1 (15) Any other numbers or information which can be used
2 to access a person's financial resources, or to identify a
3 specific individual, or the actions taken, communications
4 made or received, or other activities or transactions of a
5 specific individual.
6 "Premises of a retail mercantile establishment" includes,
7but is not limited to, the retail mercantile establishment; any
8common use areas in shopping centers; and all parking areas set
9aside by a merchant or on behalf of a merchant for the parking
10of vehicles for the convenience of the patrons of such retail
11mercantile establishment.
12 "Public water, gas, or power supply, or other public
13services" mean any service subject to regulation by the
14Illinois Commerce Commission; any service furnished by a public
15utility that is owned and operated by any political
16subdivision, public institution of higher education or
17municipal corporation of this State; any service furnished by
18any public utility that is owned by such political subdivision,
19public institution of higher education, or municipal
20corporation and operated by any of its lessees or operating
21agents; any service furnished by an electric cooperative as
22defined in Section 3.4 of the Electric Supplier Act; or
23wireless service or other service regulated by the Federal
24Communications Commission.
25 "Publish" means to communicate or disseminate information
26to any one or more persons, either orally, in person, or by

HB4411- 124 -LRB101 19800 RLC 69311 b
1telephone, radio or television or in writing of any kind,
2including, without limitation, a letter or memorandum,
3circular or handbill, newspaper or magazine article or book.
4 "Radio frequency identification device" means any
5implement, computer file, computer disc, electronic device,
6computer hardware, computer software, or instrument that is
7used to activate, read, receive, or decode information stored
8on a RFID tag or transponder attached to a personal
9identification document.
10 "RFID tag or transponder" means a chip or device that
11contains personal identifying information from which the
12personal identifying information can be read or decoded by
13another device emitting a radio frequency that activates or
14powers a radio frequency emission response from the chip or
15transponder.
16 "Reencoder" means an electronic device that places encoded
17information from the magnetic strip or stripe of a payment card
18onto the magnetic strip or stripe of a different payment card.
19 "Retail mercantile establishment" means any place where
20merchandise is displayed, held, stored or offered for sale to
21the public.
22 "Scanning device" means a scanner, reader, or any other
23electronic device that is used to access, read, scan, obtain,
24memorize, or store, temporarily or permanently, information
25encoded on the magnetic strip or stripe of a payment card.
26 "Shopping cart" means those push carts of the type or types

HB4411- 125 -LRB101 19800 RLC 69311 b
1which are commonly provided by grocery stores, drug stores or
2other retail mercantile establishments for the use of the
3public in transporting commodities in stores and markets and,
4incidentally, from the stores to a place outside the store.
5 "Sound or audio visual recording" means any sound or audio
6visual phonograph record, disc, pre-recorded tape, film, wire,
7magnetic tape or other object, device or medium, now known or
8hereafter invented, by which sounds or images may be reproduced
9with or without the use of any additional machine, equipment or
10device.
11 "Theft detection device remover" means any tool or device
12specifically designed and intended to be used to remove any
13theft detection device from any merchandise.
14 "Under-ring" means to cause the cash register or other
15sales recording device to reflect less than the full retail
16value of the merchandise.
17 "Unidentified sound or audio visual recording" means a
18sound or audio visual recording without the actual name and
19full and correct street address of the manufacturer, and the
20name of the actual performers or groups prominently and legibly
21printed on the outside cover or jacket and on the label of such
22sound or audio visual recording.
23 "Unlawful access device" means any type of instrument,
24device, machine, equipment, technology, or software which is
25primarily possessed, used, designed, assembled, manufactured,
26sold, distributed or offered, promoted or advertised for the

HB4411- 126 -LRB101 19800 RLC 69311 b
1purpose of defeating or circumventing any technology, device or
2software, or any component or part thereof, used by the
3provider, owner or licensee of any communication service or of
4any data, audio or video programs or transmissions to protect
5any such communication, audio or video services, programs or
6transmissions from unauthorized access, acquisition, receipt,
7decryption, disclosure, communication, transmission or
8re-transmission.
9 "Unlawful communication device" means any electronic
10serial number, mobile identification number, personal
11identification number or any communication or wireless device
12that is capable of acquiring or facilitating the acquisition of
13a communication service without the express consent or express
14authorization of the communication service provider, or that
15has been altered, modified, programmed or reprogrammed, alone
16or in conjunction with another communication or wireless device
17or other equipment, to so acquire or facilitate the
18unauthorized acquisition of a communication service. "Unlawful
19communication device" also means:
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 a

HB4411- 127 -LRB101 19800 RLC 69311 b
1 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

HB4411- 128 -LRB101 19800 RLC 69311 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 commits
11unlawful sale of household appliances when he or she knowingly,
12with the intent to defraud or deceive another, keeps for sale,
13within any commercial context, any household appliance with a
14missing, defaced, obliterated, or otherwise altered
15manufacturer'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, or

HB4411- 129 -LRB101 19800 RLC 69311 b
1demolition of buildings, structures, bridges, tunnels, sewers,
2utility pipes or lines, ditches or open cuts, roads, highways,
3dams, airports, or waterways or in material handling for such
4projects.
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 the
24manufacturer'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

HB4411- 130 -LRB101 19800 RLC 69311 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,

HB4411- 131 -LRB101 19800 RLC 69311 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 weapons
13when 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 knife,
18 commonly referred to as a switchblade knife, which has a
19 blade that opens automatically by hand pressure applied to
20 a button, spring or other device in the handle of the
21 knife, or a ballistic knife, which is a device that propels
22 a knifelike blade as a projectile by means of a coil
23 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,

HB4411- 132 -LRB101 19800 RLC 69311 b
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 18
13 years of age or older; or
14 (4) Carries or possesses in any vehicle or concealed on
15 or about his person except when on his land or in his own
16 abode, legal dwelling, or fixed place of business, or on
17 the land or in the legal dwelling of another person as an
18 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

HB4411- 133 -LRB101 19800 RLC 69311 b
1 person eligible under State and federal law to possess
2 a firearm who has been issued a currently valid Firearm
3 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 Firearm
7 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 than

HB4411- 134 -LRB101 19800 RLC 69311 b
1 16 inches in length or a shotgun having one or more
2 barrels less than 18 inches in length or any weapon
3 made from a rifle or shotgun, whether by alteration,
4 modification, or otherwise, if such a weapon as
5 modified has an overall length of less than 26 inches;
6 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 taser
13 or other deadly weapon in any place which is licensed to
14 sell intoxicating beverages, or at any public gathering
15 held pursuant to a license issued by any governmental body
16 or any public gathering at which an admission is charged,
17 excluding a place where a showing, demonstration or lecture
18 involving the exhibition of unloaded firearms is
19 conducted.
20 This subsection (a)(8) does not apply to any auction or
21 raffle of a firearm held pursuant to a license or permit
22 issued by a governmental body, nor does it apply to persons
23 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,

HB4411- 135 -LRB101 19800 RLC 69311 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 permission,
12 any pistol, revolver, stun gun, or taser or other firearm,
13 except that this subsection (a) (10) does not apply to or
14 affect transportation of weapons that meet one of the
15 following conditions:
16 (i) are broken down in a non-functioning state; or
17 (ii) are not immediately accessible; or
18 (iii) are unloaded and enclosed in a case, firearm
19 carrying box, shipping box, or other container by a
20 person eligible under State and federal law to possess
21 a firearm who has been issued a currently valid Firearm
22 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 Firearm
26 Concealed Carry Act.

HB4411- 136 -LRB101 19800 RLC 69311 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 having
19 a projectile affixed at the front thereof and a cap or
20 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 person
25 while in a building occupied by a unit of government, a
26 billy club, other weapon of like character, or other

HB4411- 137 -LRB101 19800 RLC 69311 b
1 instrument of like character intended for use as a weapon.
2 For the purposes of this Section, "billy club" means a
3 short stick or club commonly carried by police officers
4 which is either telescopic or constructed of a solid piece
5 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; a
11person 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.

HB4411- 138 -LRB101 19800 RLC 69311 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 real
7 property comprising any school, regardless of the time of
8 day or the time of year, on residential property owned,
9 operated or managed by a public housing agency or leased by
10 a public housing agency as part of a scattered site or
11 mixed-income development, on the real property comprising
12 any public park, on the real property comprising any
13 courthouse, in any conveyance owned, leased or contracted
14 by a school to transport students to or from school or a
15 school related activity, in any conveyance owned, leased,
16 or contracted by a public transportation agency, or on any
17 public way within 1,000 feet of the real property
18 comprising any school, public park, courthouse, public
19 transportation facility, or residential property owned,
20 operated, or managed by a public housing agency or leased
21 by a public housing agency as part of a scattered site or
22 mixed-income development commits a Class 2 felony and shall
23 be sentenced to a term of imprisonment of not less than 3
24 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 the

HB4411- 139 -LRB101 19800 RLC 69311 b
1 time of day or the time of year, in residential property
2 owned, operated, or managed by a public housing agency or
3 leased by a public housing agency as part of a scattered
4 site or mixed-income development, in a public park, in a
5 courthouse, on the real property comprising any school,
6 regardless of the time of day or the time of year, on
7 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, on
10 the real property comprising any public park, on the real
11 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, in
14 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

HB4411- 140 -LRB101 19800 RLC 69311 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 public
5 housing agency or leased by a public housing agency as part
6 of a scattered site or mixed-income development, on the
7 real property comprising any public park, on the real
8 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, in
11 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 of
20 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 security
23 officers of such school, college, or university or to
24 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

HB4411- 141 -LRB101 19800 RLC 69311 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 school,
6 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 upon
22the person of one of the occupants therein; or (ii) if such
23weapon, 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.

HB4411- 142 -LRB101 19800 RLC 69311 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 this
5 Section.
6 (2) The provision of paragraph (1) of subsection (a) of
7 this Section prohibiting the sale, manufacture, purchase,
8 possession, or carrying of any knife, commonly referred to
9 as a switchblade knife, which has a blade that opens
10 automatically by hand pressure applied to a button, spring
11 or other device in the handle of the knife, does not apply
12 to a person eligible under State and federal law to possess
13 a firearm who possesses a currently valid Firearm Owner's
14 Identification Card previously issued in his or her name by
15 the Department of State Police or to a person or an entity
16 engaged in the business of selling or manufacturing
17 switchblade knives.
18(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
19 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
20 Sec. 24-1.1. Unlawful use or possession of weapons by
21felons or persons in the custody of the Department of
22Corrections facilities.
23 (a) It is unlawful for a person to knowingly possess on or
24about his person or on his land or in his own abode or fixed
25place of business any weapon prohibited under Section 24-1 of

HB4411- 143 -LRB101 19800 RLC 69311 b
1this Act or any firearm or any firearm ammunition if the person
2has been convicted of a felony under the laws of this State or
3any other jurisdiction. This Section shall not apply if the
4person has been granted relief under this subsection by the
5Director of the Department of State Police under Section 10 of
6the Firearm Owners Identification Card Act. A person 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 prohibition
10was based upon a forcible felony, stalking, aggravated
11stalking, domestic battery, any violation of the Illinois
12Controlled Substances Act, the Methamphetamine Control and
13Community Protection Act, or the Cannabis Control Act that is
14classified as a Class 2 or greater felony, any felony violation
15of Article 24 of the Criminal Code of 1961 or the Criminal Code
16of 2012, or any adjudication as a delinquent minor for the
17commission of an offense that if committed by an adult would be
18a felony, in which case the person may petition the circuit
19court in writing in the county of his or her residence for a
20hearing and relief from the prohibition. The Director or court
21may grant the relief if it is established by the petitioner to
22the court's or Director's satisfaction that:
23 (1) when in the circuit court, the State's Attorney has
24 been served with a written copy of the petition at least 30
25 days before any hearing in the circuit court and at the
26 hearing the State's Attorney was afforded an opportunity to

HB4411- 144 -LRB101 19800 RLC 69311 b
1 present evidence and object to the petition;
2 (2) the petitioner has not been convicted of a forcible
3 felony under the laws of this State or any other
4 jurisdiction within 20 years of the filing of the petition,
5 or at least 20 years have passed since the end of any
6 period of imprisonment imposed in relation to that
7 conviction;
8 (3) the circumstances regarding a criminal conviction,
9 where applicable, the petitioner's criminal history and
10 his or her reputation are such that the petitioner will not
11 be likely to act in a manner dangerous to public safety;
12 (4) granting relief would not be contrary to the public
13 interest; and
14 (5) granting relief would not be contrary to federal
15 law.
16 (b) It is unlawful for any person confined in a penal
17institution, which is a facility of the Illinois Department of
18Corrections, to possess any weapon prohibited under Section
1924-1 of this Code or any firearm or firearm ammunition,
20regardless of the intent with which he possesses it.
21 (c) It shall be an affirmative defense to a violation of
22subsection (b), that such possession was specifically
23authorized by rule, regulation, or directive of the Illinois
24Department of Corrections or order issued pursuant thereto.
25 (d) The defense of necessity is not available to a person
26who is charged with a violation of subsection (b) of this

HB4411- 145 -LRB101 19800 RLC 69311 b
1Section.
2 (e) Sentence. Violation of this Section by a person not
3confined in a penal institution shall be a Class 3 felony for
4which the person shall be sentenced to no less than 2 years and
5no more than 10 years. A second or subsequent violation of this
6Section shall be a Class 2 felony for which the person shall be
7sentenced to a term of imprisonment of not less than 3 years
8and not more than 14 years, except as provided for in Section
95-4.5-110 of the Unified Code of Corrections. Violation of this
10Section by a person not confined in a penal institution who has
11been convicted of a forcible felony, a felony violation of
12Article 24 of this Code or of the Firearm Owners Identification
13Card Act, stalking or aggravated stalking, or a Class 2 or
14greater felony under the Illinois Controlled Substances Act,
15the Cannabis Control Act, or the Methamphetamine Control and
16Community Protection Act is a Class 2 felony for which the
17person shall be sentenced to not less than 3 years and not more
18than 14 years, except as provided for in Section 5-4.5-110 of
19the Unified Code of Corrections. Violation of this Section by a
20person who is on parole or mandatory supervised release is a
21Class 2 felony for which the person shall be sentenced to not
22less than 3 years and not more than 14 years, except as
23provided for in Section 5-4.5-110 of the Unified Code of
24Corrections. Violation of this Section by a person not confined
25in a penal institution is a Class X felony when the firearm
26possessed is a machine gun. Any person who violates this

HB4411- 146 -LRB101 19800 RLC 69311 b
1Section while confined in a penal institution, which is a
2facility of the Illinois Department of Corrections, is guilty
3of a Class 1 felony, if he possesses any weapon prohibited
4under Section 24-1 of this Code regardless of the intent with
5which he possesses it, a Class X felony if he possesses any
6firearm, firearm ammunition or explosive, and a Class X felony
7for which the offender shall be sentenced to not less than 12
8years and not more than 50 years when the firearm possessed is
9a machine gun. A violation of this Section while wearing or in
10possession of body armor as defined in Section 33F-1 is a Class
11X felony punishable by a term of imprisonment of not less than
1210 years and not more than 40 years. The possession of each
13firearm or firearm ammunition in violation of this Section
14constitutes a single and separate violation.
15(Source: P.A. 100-3, eff. 1-1-18.)
16 (720 ILCS 5/24-1.6)
17 Sec. 24-1.6. Aggravated unlawful use of a weapon.
18 (a) A person commits the offense of aggravated unlawful use
19of a weapon when he or she knowingly:
20 (1) Carries on or about his or her person or in any
21 vehicle or concealed on or about his or her person except
22 when on his or her land or in his or her abode, legal
23 dwelling, or fixed place of business, or on the land or in
24 the legal dwelling of another person as an invitee with
25 that person's permission, any pistol, revolver, stun gun or

HB4411- 147 -LRB101 19800 RLC 69311 b
1 taser or other firearm; or
2 (2) Carries or possesses on or about his or her person,
3 upon any public street, alley, or other public lands within
4 the corporate limits of a city, village or incorporated
5 town, except when an invitee thereon or therein, for the
6 purpose of the display of such weapon or the lawful
7 commerce in weapons, or except when on his or her own land
8 or in his or her own abode, legal dwelling, or fixed place
9 of business, or on the land or in the legal dwelling of
10 another person as an invitee with that person's permission,
11 any pistol, revolver, stun gun or taser or other firearm;
12 and
13 (3) One of the following factors is present:
14 (A) the firearm, other than a pistol, revolver, or
15 handgun, possessed was uncased, loaded, and
16 immediately accessible at the time of the offense; or
17 (A-5) the pistol, revolver, or handgun possessed
18 was uncased, loaded, and immediately accessible at the
19 time of the offense and the person possessing the
20 pistol, revolver, or handgun has not been issued a
21 currently valid license under the Firearm Concealed
22 Carry Act; or
23 (B) the firearm, other than a pistol, revolver, or
24 handgun, possessed was uncased, unloaded, and the
25 ammunition for the weapon was immediately accessible
26 at the time of the offense; or

HB4411- 148 -LRB101 19800 RLC 69311 b
1 (B-5) the pistol, revolver, or handgun possessed
2 was uncased, unloaded, and the ammunition for the
3 weapon was immediately accessible at the time of the
4 offense and the person possessing the pistol,
5 revolver, or handgun has not been issued a currently
6 valid license under the Firearm Concealed Carry Act; or
7 (C) (blank); or the person possessing the firearm
8 has not been issued a currently valid Firearm Owner's
9 Identification Card; or
10 (D) the person possessing the weapon was
11 previously adjudicated a delinquent minor under the
12 Juvenile Court Act of 1987 for an act that if committed
13 by an adult would be a felony; or
14 (E) the person possessing the weapon was engaged in
15 a misdemeanor violation of the Cannabis Control Act, in
16 a misdemeanor violation of the Illinois Controlled
17 Substances Act, or in a misdemeanor violation of the
18 Methamphetamine Control and Community Protection Act;
19 or
20 (F) (blank); or
21 (G) the person possessing the weapon had an order
22 of protection issued against him or her within the
23 previous 2 years; or
24 (H) the person possessing the weapon was engaged in
25 the commission or attempted commission of a
26 misdemeanor involving the use or threat of violence

HB4411- 149 -LRB101 19800 RLC 69311 b
1 against the person or property of another; or
2 (I) the person possessing the weapon was under 21
3 years of age and in possession of a handgun, unless the
4 person under 21 is engaged in lawful activities under
5 the Wildlife Code or described in subsection
6 24-2(b)(1), (b)(3), or 24-2(f).
7 (a-5) "Handgun" as used in this Section has the meaning
8given to it in Section 5 of the Firearm Concealed Carry Act.
9 (b) "Stun gun or taser" as used in this Section has the
10same definition given to it in Section 24-1 of this Code.
11 (c) This Section does not apply to or affect the
12transportation or possession of weapons that:
13 (i) are broken down in a non-functioning state; or
14 (ii) are not immediately accessible; or
15 (iii) are unloaded and enclosed in a case, firearm
16 carrying box, shipping box, or other container by a person
17 is eligible under State and federal law to possess a
18 firearm who has been issued a currently valid Firearm
19 Owner's Identification Card.
20 (d) Sentence.
21 (1) Aggravated unlawful use of a weapon is a Class 4
22 felony; a second or subsequent offense is a Class 2 felony
23 for which the person shall be sentenced to a term of
24 imprisonment of not less than 3 years and not more than 7
25 years, except as provided for in Section 5-4.5-110 of the
26 Unified Code of Corrections.

HB4411- 150 -LRB101 19800 RLC 69311 b
1 (2) (Blank). Except as otherwise provided in
2 paragraphs (3) and (4) of this subsection (d), a first
3 offense of aggravated unlawful use of a weapon committed
4 with a firearm by a person 18 years of age or older where
5 the factors listed in both items (A) and (C) or both items
6 (A-5) and (C) of paragraph (3) of subsection (a) are
7 present is a Class 4 felony, for which the person shall be
8 sentenced to a term of imprisonment of not less than one
9 year and not more than 3 years.
10 (3) Aggravated unlawful use of a weapon by a person who
11 has been previously convicted of a felony in this State or
12 another jurisdiction is a Class 2 felony for which the
13 person shall be sentenced to a term of imprisonment of not
14 less than 3 years and not more than 7 years, except as
15 provided for in Section 5-4.5-110 of the Unified Code of
16 Corrections.
17 (4) Aggravated unlawful use of a weapon while wearing
18 or in possession of body armor as defined in Section 33F-1
19 by a person who is prohibited under State or federal law
20 from possessing a firearm has not been issued a valid
21 Firearms Owner's Identification Card in accordance with
22 Section 5 of the Firearm Owners Identification Card Act is
23 a Class X felony.
24 (e) The possession of each firearm in violation of this
25Section constitutes a single and separate violation.
26(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

HB4411- 151 -LRB101 19800 RLC 69311 b
1 (720 ILCS 5/24-1.8)
2 Sec. 24-1.8. Unlawful possession of a firearm by a street
3gang member.
4 (a) A person commits unlawful possession of a firearm by a
5street gang member when he or she knowingly:
6 (1) possesses, carries, or conceals on or about his or
7 her person a firearm and firearm ammunition while on any
8 street, road, alley, gangway, sidewalk, or any other lands,
9 except when inside his or her own abode or inside his or
10 her fixed place of business, and has not been issued a
11 currently valid Firearm Owner's Identification Card and is
12 a member of a street gang; or
13 (2) possesses or carries in any vehicle a firearm and
14 firearm ammunition which are both immediately accessible
15 at the time of the offense while on any street, road,
16 alley, or any other lands, except when inside his or her
17 own abode or garage, and has not been issued a currently
18 valid Firearm Owner's Identification Card and is a member
19 of a street gang.
20 (b) Unlawful possession of a firearm by a street gang
21member is a Class 2 felony for which the person, if sentenced
22to a term of imprisonment, shall be sentenced to no less than 3
23years and no more than 10 years. A period of probation, a term
24of periodic imprisonment or conditional discharge shall not be
25imposed for the offense of unlawful possession of a firearm by

HB4411- 152 -LRB101 19800 RLC 69311 b
1a street gang member when the firearm was loaded or contained
2firearm ammunition and the court shall sentence the offender to
3not less than the minimum term of imprisonment authorized for
4the Class 2 felony.
5 (c) For purposes of this Section:
6 "Street gang" or "gang" has the meaning ascribed to it
7 in Section 10 of the Illinois Streetgang Terrorism Omnibus
8 Prevention Act.
9 "Street gang member" or "gang member" has the meaning
10 ascribed to it in Section 10 of the Illinois Streetgang
11 Terrorism Omnibus Prevention Act.
12(Source: P.A. 96-829, eff. 12-3-09.)
13 (720 ILCS 5/24-2)
14 Sec. 24-2. Exemptions.
15 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1624-1(a)(13) and Section 24-1.6 do not apply to or affect any of
17the following:
18 (1) Peace officers, and any person summoned by a peace
19 officer to assist in making arrests or preserving the
20 peace, while actually engaged in assisting such officer.
21 (2) Wardens, superintendents and keepers of prisons,
22 penitentiaries, jails and other institutions for the
23 detention of persons accused or convicted of an offense,
24 while in the performance of their official duty, or while
25 commuting between their homes and places of employment.

HB4411- 153 -LRB101 19800 RLC 69311 b
1 (3) Members of the Armed Services or Reserve Forces of
2 the United States or the Illinois National Guard or the
3 Reserve Officers Training Corps, while in the performance
4 of their official duty.
5 (4) Special agents employed by a railroad or a public
6 utility to perform police functions, and guards of armored
7 car companies, while actually engaged in the performance of
8 the duties of their employment or commuting between their
9 homes and places of employment; and watchmen while actually
10 engaged in the performance of the duties of their
11 employment.
12 (5) Persons licensed as private security contractors,
13 private detectives, or private alarm contractors, or
14 employed by a private security contractor, private
15 detective, or private alarm contractor agency licensed by
16 the Department of Financial and Professional Regulation,
17 if their duties include the carrying of a weapon under the
18 provisions of the Private Detective, Private Alarm,
19 Private Security, Fingerprint Vendor, and Locksmith Act of
20 2004, while actually engaged in the performance of the
21 duties of their employment or commuting between their homes
22 and places of employment. A person shall be considered
23 eligible for this exemption if he or she has completed the
24 required 20 hours of training for a private security
25 contractor, private detective, or private alarm
26 contractor, or employee of a licensed private security

HB4411- 154 -LRB101 19800 RLC 69311 b
1 contractor, private detective, or private alarm contractor
2 agency and 20 hours of required firearm training, and has
3 been issued a firearm control card by the Department of
4 Financial and Professional Regulation. Conditions for the
5 renewal of firearm control cards issued under the
6 provisions of this Section shall be the same as for those
7 cards issued under the provisions of the Private Detective,
8 Private Alarm, Private Security, Fingerprint Vendor, and
9 Locksmith Act of 2004. The firearm control card shall be
10 carried by the private security contractor, private
11 detective, or private alarm contractor, or employee of the
12 licensed private security contractor, private detective,
13 or private alarm contractor agency at all times when he or
14 she is in possession of a concealable weapon permitted by
15 his or her firearm control card.
16 (6) Any person regularly employed in a commercial or
17 industrial operation as a security guard for the protection
18 of persons employed and private property related to such
19 commercial or industrial operation, while actually engaged
20 in the performance of his or her duty or traveling between
21 sites or properties belonging to the employer, and who, as
22 a security guard, is a member of a security force
23 registered with the Department of Financial and
24 Professional Regulation; provided that such security guard
25 has successfully completed a course of study, approved by
26 and supervised by the Department of Financial and

HB4411- 155 -LRB101 19800 RLC 69311 b
1 Professional Regulation, consisting of not less than 40
2 hours of training that includes the theory of law
3 enforcement, liability for acts, and the handling of
4 weapons. A person shall be considered eligible for this
5 exemption if he or she has completed the required 20 hours
6 of training for a security officer and 20 hours of required
7 firearm training, and has been issued a firearm control
8 card by the Department of Financial and Professional
9 Regulation. Conditions for the renewal of firearm control
10 cards issued under the provisions of this Section shall be
11 the same as for those cards issued under the provisions of
12 the Private Detective, Private Alarm, Private Security,
13 Fingerprint Vendor, and Locksmith Act of 2004. The firearm
14 control card shall be carried by the security guard at all
15 times when he or she is in possession of a concealable
16 weapon permitted by his or her firearm 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

HB4411- 156 -LRB101 19800 RLC 69311 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 40 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 he
11 or she has completed the required 20 hours of training for
12 a security officer and 20 hours of required firearm
13 training, and has been issued a firearm control card by the
14 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 card
20 shall be carried by the security guard at all times when he
21 or she is in possession of a concealable weapon permitted
22 by his or her firearm control card. For purposes of this
23 subsection, "financial institution" means a bank, savings
24 and loan association, credit union or company providing
25 armored car services.
26 (9) Any person employed by an armored car company to

HB4411- 157 -LRB101 19800 RLC 69311 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 officers
4 pursuant to the Peace Officer Fire Investigation Act.
5 (11) Investigators of the Office of the State's
6 Attorneys Appellate Prosecutor authorized by the board of
7 governors of the Office of the State's Attorneys Appellate
8 Prosecutor to carry weapons pursuant to Section 7.06 of the
9 State's Attorneys Appellate Prosecutor's Act.
10 (12) Special investigators appointed by a State's
11 Attorney under Section 3-9005 of the Counties Code.
12 (12.5) Probation officers while in the performance of
13 their duties, or while commuting between their homes,
14 places of employment or specific locations that are part of
15 their assigned duties, with the consent of the chief judge
16 of the circuit for which they are employed, if they have
17 received weapons training according to requirements of the
18 Peace Officer and Probation Officer Firearm Training Act.
19 (13) Court Security Officers while in the performance
20 of their official duties, or while commuting between their
21 homes and places of employment, with the consent of the
22 Sheriff.
23 (13.5) A person employed as an armed security guard at
24 a nuclear energy, storage, weapons or development site or
25 facility regulated by the Nuclear Regulatory Commission
26 who has completed the background screening and training

HB4411- 158 -LRB101 19800 RLC 69311 b
1 mandated by the rules and regulations of the Nuclear
2 Regulatory Commission.
3 (14) Manufacture, transportation, or sale of weapons
4 to persons authorized under subdivisions (1) through
5 (13.5) of this subsection to possess those weapons.
6 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
7to or affect any person carrying a concealed pistol, revolver,
8or handgun and the person has been issued a currently valid
9license under the Firearm Concealed Carry Act at the time of
10the commission of the offense.
11 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
12to or affect a qualified current or retired law enforcement
13officer qualified under the laws of this State or under the
14federal Law Enforcement Officers Safety Act.
15 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1624-1.6 do not apply to or affect any of the following:
17 (1) Members of any club or organization organized for
18 the purpose of practicing shooting at targets upon
19 established target ranges, whether public or private, and
20 patrons of such ranges, while such members or patrons are
21 using their firearms on those target ranges.
22 (2) Duly authorized military or civil organizations
23 while parading, with the special permission of the
24 Governor.
25 (3) Hunters, trappers or fishermen with a license or
26 permit while engaged in hunting, trapping or fishing.

HB4411- 159 -LRB101 19800 RLC 69311 b
1 (4) Transportation of weapons that are broken down in a
2 non-functioning state or are not immediately accessible.
3 (5) Carrying or possessing any pistol, revolver, stun
4 gun or taser or other firearm on the land or in the legal
5 dwelling of another person as an invitee with that person's
6 permission.
7 (c) Subsection 24-1(a)(7) does not apply to or affect any
8of the following:
9 (1) Peace officers while in performance of their
10 official duties.
11 (2) Wardens, superintendents and keepers of prisons,
12 penitentiaries, jails and other institutions for the
13 detention of persons accused or convicted of an offense.
14 (3) Members of the Armed Services or Reserve Forces of
15 the United States or the Illinois National Guard, while in
16 the performance of their official duty.
17 (4) Manufacture, transportation, or sale of machine
18 guns to persons authorized under subdivisions (1) through
19 (3) of this subsection to possess machine guns, if the
20 machine guns are broken down in a non-functioning state or
21 are not immediately accessible.
22 (5) Persons licensed under federal law to manufacture
23 any weapon from which 8 or more shots or bullets can be
24 discharged by a single function of the firing device, or
25 ammunition for such weapons, and actually engaged in the
26 business of manufacturing such weapons or ammunition, but

HB4411- 160 -LRB101 19800 RLC 69311 b
1 only with respect to activities which are within the lawful
2 scope of such business, such as the manufacture,
3 transportation, or testing of such weapons or ammunition.
4 This exemption does not authorize the general private
5 possession of any weapon from which 8 or more shots or
6 bullets can be discharged by a single function of the
7 firing device, but only such possession and activities as
8 are within the lawful scope of a licensed manufacturing
9 business described in this paragraph.
10 During transportation, such weapons shall be broken
11 down in a non-functioning state or not immediately
12 accessible.
13 (6) The manufacture, transport, testing, delivery,
14 transfer or sale, and all lawful commercial or experimental
15 activities necessary thereto, of rifles, shotguns, and
16 weapons made from rifles or shotguns, or ammunition for
17 such rifles, shotguns or weapons, where engaged in by a
18 person operating as a contractor or subcontractor pursuant
19 to a contract or subcontract for the development and supply
20 of such rifles, shotguns, weapons or ammunition to the
21 United States government or any branch of the Armed Forces
22 of the United States, when such activities are necessary
23 and incident to fulfilling the terms of such contract.
24 The exemption granted under this subdivision (c)(6)
25 shall also apply to any authorized agent of any such
26 contractor or subcontractor who is operating within the

HB4411- 161 -LRB101 19800 RLC 69311 b
1 scope of his employment, where such activities involving
2 such weapon, weapons or ammunition are necessary and
3 incident to fulfilling the terms of such contract.
4 (7) A person possessing a rifle with a barrel or
5 barrels less than 16 inches in length if: (A) the person
6 has been issued a Curios and Relics license from the U.S.
7 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
8 the person is an active member of a bona fide, nationally
9 recognized military re-enacting group and the modification
10 is required and necessary to accurately portray the weapon
11 for historical re-enactment purposes; the re-enactor is in
12 possession of a valid and current re-enacting group
13 membership credential; and the overall length of the weapon
14 as modified is not less than 26 inches.
15 (d) Subsection 24-1(a)(1) does not apply to the purchase,
16possession or carrying of a black-jack or slung-shot by a peace
17officer.
18 (e) Subsection 24-1(a)(8) does not apply to any owner,
19manager or authorized employee of any place specified in that
20subsection nor to any law enforcement officer.
21 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
22Section 24-1.6 do not apply to members of any club or
23organization organized for the purpose of practicing shooting
24at targets upon established target ranges, whether public or
25private, while using their firearms on those target ranges.
26 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

HB4411- 162 -LRB101 19800 RLC 69311 b
1to:
2 (1) Members of the Armed Services or Reserve Forces of
3 the United States or the Illinois National Guard, while in
4 the performance of their official duty.
5 (2) Bonafide collectors of antique or surplus military
6 ordnance.
7 (3) Laboratories having a department of forensic
8 ballistics, or specializing in the development of
9 ammunition or explosive ordnance.
10 (4) Commerce, preparation, assembly or possession of
11 explosive bullets by manufacturers of ammunition licensed
12 by the federal government, in connection with the supply of
13 those organizations and persons exempted by subdivision
14 (g)(1) of this Section, or like organizations and persons
15 outside this State, or the transportation of explosive
16 bullets to any organization or person exempted in this
17 Section by a common carrier or by a vehicle owned or leased
18 by an exempted manufacturer.
19 (g-5) Subsection 24-1(a)(6) does not apply to or affect
20persons licensed under federal law to manufacture any device or
21attachment of any kind designed, used, or intended for use in
22silencing the report of any firearm, firearms, or ammunition
23for those firearms equipped with those devices, and actually
24engaged in the business of manufacturing those devices,
25firearms, or ammunition, but only with respect to activities
26that are within the lawful scope of that business, such as the

HB4411- 163 -LRB101 19800 RLC 69311 b
1manufacture, transportation, or testing of those devices,
2firearms, or ammunition. This exemption does not authorize the
3general private possession of any device or attachment of any
4kind designed, used, or intended for use in silencing the
5report of any firearm, but only such possession and activities
6as are within the lawful scope of a licensed manufacturing
7business described in this subsection (g-5). During
8transportation, these devices shall be detached from any weapon
9or not immediately accessible.
10 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1124-1.6 do not apply to or affect any parole agent or parole
12supervisor who meets the qualifications and conditions
13prescribed in Section 3-14-1.5 of the Unified Code of
14Corrections.
15 (g-7) Subsection 24-1(a)(6) does not apply to a peace
16officer while serving as a member of a tactical response team
17or special operations team. A peace officer may not personally
18own or apply for ownership of a device or attachment of any
19kind designed, used, or intended for use in silencing the
20report of any firearm. These devices shall be owned and
21maintained by lawfully recognized units of government whose
22duties include the investigation of criminal acts.
23 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
2424-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
25athlete's possession, transport on official Olympic and
26Paralympic transit systems established for athletes, or use of

HB4411- 164 -LRB101 19800 RLC 69311 b
1competition firearms sanctioned by the International Olympic
2Committee, the International Paralympic Committee, the
3International Shooting Sport Federation, or USA Shooting in
4connection with such athlete's training for and participation
5in shooting competitions at the 2016 Olympic and Paralympic
6Games and sanctioned test events leading up to the 2016 Olympic
7and Paralympic Games.
8 (h) An information or indictment based upon a violation of
9any subsection of this Article need not negative any exemptions
10contained in this Article. The defendant shall have the burden
11of proving such an exemption.
12 (i) Nothing in this Article shall prohibit, apply to, or
13affect the transportation, carrying, or possession, of any
14pistol or revolver, stun gun, taser, or other firearm consigned
15to a common carrier operating under license of the State of
16Illinois or the federal government, where such transportation,
17carrying, or possession is incident to the lawful
18transportation in which such common carrier is engaged; and
19nothing in this Article shall prohibit, apply to, or affect the
20transportation, carrying, or possession of any pistol,
21revolver, stun gun, taser, or other firearm, not the subject of
22and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
23this Article, which is unloaded and enclosed in a case, firearm
24carrying box, shipping box, or other container, by a person
25eligible under State and federal law to possess a firearm the
26possessor of a valid Firearm Owners Identification Card.

HB4411- 165 -LRB101 19800 RLC 69311 b
1(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
2 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
3 Sec. 24-3. Unlawful sale or delivery of firearms.
4 (A) A person commits the offense of unlawful sale or
5delivery of firearms when he or she knowingly does any of the
6following:
7 (a) Sells or gives any firearm of a size which may be
8 concealed upon the person to any person under 18 years of
9 age.
10 (b) Sells or gives any firearm to a person under 21
11 years of age who has been convicted of a misdemeanor other
12 than a traffic offense or adjudged delinquent.
13 (c) Sells or gives any firearm to any narcotic addict.
14 (d) Sells or gives any firearm to any person who has
15 been convicted of a felony under the laws of this or any
16 other jurisdiction.
17 (e) Sells or gives any firearm to any person who has
18 been a patient in a mental institution within the past 5
19 years. In this subsection (e):
20 "Mental institution" means any hospital,
21 institution, clinic, evaluation facility, mental
22 health center, or part thereof, which is used primarily
23 for the care or treatment of persons with mental
24 illness.
25 "Patient in a mental institution" means the person

HB4411- 166 -LRB101 19800 RLC 69311 b
1 was admitted, either voluntarily or involuntarily, to
2 a mental institution for mental health treatment,
3 unless the treatment was voluntary and solely for an
4 alcohol abuse disorder and no other secondary
5 substance abuse disorder or mental illness.
6 (f) Sells or gives any firearms to any person who is a
7 person with an intellectual disability.
8 (g) Delivers any firearm, incidental to a sale, without
9 withholding delivery of the firearm for at least 72 hours
10 after application for its purchase has been made, or
11 delivers a stun gun or taser, incidental to a sale, without
12 withholding delivery of the stun gun or taser for at least
13 24 hours after application for its purchase has been made.
14 However, this paragraph (g) does not apply to: (1) the sale
15 of a firearm to a law enforcement officer if the seller of
16 the firearm knows that the person to whom he or she is
17 selling the firearm is a law enforcement officer or the
18 sale of a firearm to a person who desires to purchase a
19 firearm for use in promoting the public interest incident
20 to his or her employment as a bank guard, armed truck
21 guard, or other similar employment; (2) a mail order sale
22 of a firearm from a federally licensed firearms dealer to a
23 nonresident of Illinois under which the firearm is mailed
24 to a federally licensed firearms dealer outside the
25 boundaries of Illinois; (3) (blank); (4) the sale of a
26 firearm to a dealer licensed as a federal firearms dealer

HB4411- 167 -LRB101 19800 RLC 69311 b
1 under Section 923 of the federal Gun Control Act of 1968
2 (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
3 shotgun, or other long gun to a resident registered
4 competitor or attendee or non-resident registered
5 competitor or attendee by any dealer licensed as a federal
6 firearms dealer under Section 923 of the federal Gun
7 Control Act of 1968 at competitive shooting events held at
8 the World Shooting Complex sanctioned by a national
9 governing body. For purposes of transfers or sales under
10 subparagraph (5) of this paragraph (g), the Department of
11 Natural Resources shall give notice to the Department of
12 State Police at least 30 calendar days prior to any
13 competitive shooting events at the World Shooting Complex
14 sanctioned by a national governing body. The notification
15 shall be made on a form prescribed by the Department of
16 State Police. The sanctioning body shall provide a list of
17 all registered competitors and attendees at least 24 hours
18 before the events to the Department of State Police. Any
19 changes to the list of registered competitors and attendees
20 shall be forwarded to the Department of State Police as
21 soon as practicable. The Department of State Police must
22 destroy the list of registered competitors and attendees no
23 later than 30 days after the date of the event. Nothing in
24 this paragraph (g) relieves a federally licensed firearm
25 dealer from the requirements of conducting a NICS
26 background check through the Illinois Point of Contact

HB4411- 168 -LRB101 19800 RLC 69311 b
1 under 18 U.S.C. 922(t). For purposes of this paragraph (g),
2 "application" means when the buyer and seller reach an
3 agreement to purchase a firearm. For purposes of this
4 paragraph (g), "national governing body" means a group of
5 persons who adopt rules and formulate policy on behalf of a
6 national firearm sporting organization.
7 (h) While holding any license as a dealer, importer,
8 manufacturer or pawnbroker under the federal Gun Control
9 Act of 1968, manufactures, sells or delivers to any
10 unlicensed person a handgun having a barrel, slide, frame
11 or receiver which is a die casting of zinc alloy or any
12 other nonhomogeneous metal which will melt or deform at a
13 temperature of less than 800 degrees Fahrenheit. For
14 purposes of this paragraph, (1) "firearm" is defined as in
15 the Firearm Owners Identification Card Act; and (2)
16 "handgun" is defined as a firearm designed to be held and
17 fired by the use of a single hand, and includes a
18 combination of parts from which such a firearm can be
19 assembled.
20 (i) Sells or gives a firearm of any size to any person
21 under 18 years of age who is not eligible under State or
22 federal law to possess a firearm does not possess a valid
23 Firearm Owner's Identification Card.
24 (j) Sells or gives a firearm while engaged in the
25 business of selling firearms at wholesale or retail without
26 being licensed as a federal firearms dealer under Section

HB4411- 169 -LRB101 19800 RLC 69311 b
1 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
2 In this paragraph (j):
3 A person "engaged in the business" means a person who
4 devotes time, attention, and labor to engaging in the
5 activity as a regular course of trade or business with the
6 principal objective of livelihood and profit, but does not
7 include a person who makes occasional repairs of firearms
8 or who occasionally fits special barrels, stocks, or
9 trigger mechanisms to firearms.
10 "With the principal objective of livelihood and
11 profit" means that the intent underlying the sale or
12 disposition of firearms is predominantly one of obtaining
13 livelihood and pecuniary gain, as opposed to other intents,
14 such as improving or liquidating a personal firearms
15 collection; however, proof of profit shall not be required
16 as to a person who engages in the regular and repetitive
17 purchase and disposition of firearms for criminal purposes
18 or terrorism.
19 (k) (Blank). Sells or transfers ownership of a firearm
20 to a person who does not display to the seller or
21 transferor of the firearm either: (1) a currently valid
22 Firearm Owner's Identification Card that has previously
23 been issued in the transferee's name by the Department of
24 State Police under the provisions of the Firearm Owners
25 Identification Card Act; or (2) a currently valid license
26 to carry a concealed firearm that has previously been

HB4411- 170 -LRB101 19800 RLC 69311 b
1 issued in the transferee's name by the Department of State
2 Police under the Firearm Concealed Carry Act. This
3 paragraph (k) does not apply to the transfer of a firearm
4 to a person who is exempt from the requirement of
5 possessing a Firearm Owner's Identification Card under
6 Section 2 of the Firearm Owners Identification Card Act.
7 For the purposes of this Section, a currently valid Firearm
8 Owner's Identification Card means (i) a Firearm Owner's
9 Identification Card that has not expired or (ii) an
10 approval number issued in accordance with subsection
11 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners
12 Identification Card Act shall be proof that the Firearm
13 Owner's Identification Card was valid.
14 (1) (Blank). In addition to the other requirements
15 of this paragraph (k), all persons who are not
16 federally licensed firearms dealers must also have
17 complied with subsection (a-10) of Section 3 of the
18 Firearm Owners Identification Card Act by determining
19 the validity of a purchaser's Firearm Owner's
20 Identification Card.
21 (2) (Blank). All sellers or transferors who have
22 complied with the requirements of subparagraph (1) of
23 this paragraph (k) shall not be liable for damages in
24 any civil action arising from the use or misuse by the
25 transferee of the firearm transferred, except for
26 willful or wanton misconduct on the part of the seller

HB4411- 171 -LRB101 19800 RLC 69311 b
1 or transferor.
2 (l) Not being entitled to the possession of a firearm,
3 delivers the firearm, knowing it to have been stolen or
4 converted. It may be inferred that a person who possesses a
5 firearm with knowledge that its serial number has been
6 removed or altered has knowledge that the firearm is stolen
7 or converted.
8 (B) Paragraph (h) of subsection (A) does not include
9firearms sold within 6 months after enactment of Public Act
1078-355 (approved August 21, 1973, effective October 1, 1973),
11nor is any firearm legally owned or possessed by any citizen or
12purchased by any citizen within 6 months after the enactment of
13Public Act 78-355 subject to confiscation or seizure under the
14provisions of that Public Act. Nothing in Public Act 78-355
15shall be construed to prohibit the gift or trade of any firearm
16if that firearm was legally held or acquired within 6 months
17after the enactment of that Public Act.
18 (C) Sentence.
19 (1) Any person convicted of unlawful sale or delivery
20 of firearms in violation of paragraph (c), (e), (f), (g),
21 or (h) of subsection (A) commits a Class 4 felony.
22 (2) Any person convicted of unlawful sale or delivery
23 of firearms in violation of paragraph (b) or (i) of
24 subsection (A) commits a Class 3 felony.
25 (3) Any person convicted of unlawful sale or delivery
26 of firearms in violation of paragraph (a) of subsection (A)

HB4411- 172 -LRB101 19800 RLC 69311 b
1 commits a Class 2 felony.
2 (4) Any person convicted of unlawful sale or delivery
3 of firearms in violation of paragraph (a), (b), or (i) of
4 subsection (A) in any school, on the real property
5 comprising a school, within 1,000 feet of the real property
6 comprising a school, at a school related activity, or on or
7 within 1,000 feet of any conveyance owned, leased, or
8 contracted by a school or school district to transport
9 students to or from school or a school related activity,
10 regardless of the time of day or time of year at which the
11 offense was committed, commits a Class 1 felony. Any person
12 convicted of a second or subsequent violation of unlawful
13 sale or delivery of firearms in violation of paragraph (a),
14 (b), or (i) of subsection (A) in any school, on the real
15 property comprising a school, within 1,000 feet of the real
16 property comprising a school, at a school related activity,
17 or on or within 1,000 feet of any conveyance owned, leased,
18 or contracted by a school or school district to transport
19 students to or from school or a school related activity,
20 regardless of the time of day or time of year at which the
21 offense was committed, commits a Class 1 felony for which
22 the sentence shall be a term of imprisonment of no less
23 than 5 years and no more than 15 years.
24 (5) Any person convicted of unlawful sale or delivery
25 of firearms in violation of paragraph (a) or (i) of
26 subsection (A) in residential property owned, operated, or

HB4411- 173 -LRB101 19800 RLC 69311 b
1 managed by a public housing agency or leased by a public
2 housing agency as part of a scattered site or mixed-income
3 development, in a public park, in a courthouse, on
4 residential property owned, operated, or managed by a
5 public housing agency or leased by a public housing agency
6 as part of a scattered site or mixed-income development, on
7 the real property comprising any public park, on the real
8 property comprising any courthouse, or on any public way
9 within 1,000 feet of the real property comprising any
10 public park, courthouse, or residential property owned,
11 operated, or managed by a public housing agency or leased
12 by a public housing agency as part of a scattered site or
13 mixed-income development commits a Class 2 felony.
14 (6) Any person convicted of unlawful sale or delivery
15 of firearms in violation of paragraph (j) of subsection (A)
16 commits a Class A misdemeanor. A second or subsequent
17 violation is a Class 4 felony.
18 (7) (Blank). Any person convicted of unlawful sale or
19 delivery of firearms in violation of paragraph (k) of
20 subsection (A) commits a Class 4 felony, except that a
21 violation of subparagraph (1) of paragraph (k) of
22 subsection (A) shall not be punishable as a crime or petty
23 offense. A third or subsequent conviction for a violation
24 of paragraph (k) of subsection (A) is a Class 1 felony.
25 (8) A person 18 years of age or older convicted of
26 unlawful sale or delivery of firearms in violation of

HB4411- 174 -LRB101 19800 RLC 69311 b
1 paragraph (a) or (i) of subsection (A), when the firearm
2 that was sold or given to another person under 18 years of
3 age was used in the commission of or attempt to commit a
4 forcible felony, shall be fined or imprisoned, or both, not
5 to exceed the maximum provided for the most serious
6 forcible felony so committed or attempted by the person
7 under 18 years of age who was sold or given the firearm.
8 (9) Any person convicted of unlawful sale or delivery
9 of firearms in violation of paragraph (d) of subsection (A)
10 commits a Class 3 felony.
11 (10) Any person convicted of unlawful sale or delivery
12 of firearms in violation of paragraph (l) of subsection (A)
13 commits a Class 2 felony if the delivery is of one firearm.
14 Any person convicted of unlawful sale or delivery of
15 firearms in violation of paragraph (l) of subsection (A)
16 commits a Class 1 felony if the delivery is of not less
17 than 2 and not more than 5 firearms at the same time or
18 within a one year period. Any person convicted of unlawful
19 sale or delivery of firearms in violation of paragraph (l)
20 of subsection (A) commits a Class X felony for which he or
21 she shall be sentenced to a term of imprisonment of not
22 less than 6 years and not more than 30 years if the
23 delivery is of not less than 6 and not more than 10
24 firearms at the same time or within a 2 year period. Any
25 person convicted of unlawful sale or delivery of firearms
26 in violation of paragraph (l) of subsection (A) commits a

HB4411- 175 -LRB101 19800 RLC 69311 b
1 Class X felony for which he or she shall be sentenced to a
2 term of imprisonment of not less than 6 years and not more
3 than 40 years if the delivery is of not less than 11 and
4 not more than 20 firearms at the same time or within a 3
5 year period. Any person convicted of unlawful sale or
6 delivery of firearms in violation of paragraph (l) of
7 subsection (A) commits a Class X felony for which he or she
8 shall be sentenced to a term of imprisonment of not less
9 than 6 years and not more than 50 years if the delivery is
10 of not less than 21 and not more than 30 firearms at the
11 same time or within a 4 year period. Any person convicted
12 of unlawful sale or delivery of firearms in violation of
13 paragraph (l) of subsection (A) commits a Class X felony
14 for which he or she shall be sentenced to a term of
15 imprisonment of not less than 6 years and not more than 60
16 years if the delivery is of 31 or more firearms at the same
17 time or within a 5 year period.
18 (D) For purposes of this Section:
19 "School" means a public or private elementary or secondary
20school, community college, college, or university.
21 "School related activity" means any sporting, social,
22academic, or other activity for which students' attendance or
23participation is sponsored, organized, or funded in whole or in
24part by a school or school district.
25 (E) A prosecution for a violation of paragraph (k) of
26subsection (A) of this Section may be commenced within 6 years

HB4411- 176 -LRB101 19800 RLC 69311 b
1after the commission of the offense. A prosecution for a
2violation of this Section other than paragraph (g) of
3subsection (A) of this Section may be commenced within 5 years
4after the commission of the offense defined in the particular
5paragraph.
6(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
799-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
8 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
9 Sec. 24-3.1. Unlawful possession of firearms and firearm
10ammunition.
11 (a) A person commits the offense of unlawful possession of
12firearms or firearm ammunition when:
13 (1) He is under 18 years of age and has in his
14 possession any firearm of a size which may be concealed
15 upon the person; or
16 (2) He is under 21 years of age, has been convicted of
17 a misdemeanor other than a traffic offense or adjudged
18 delinquent and has any firearms or firearm ammunition in
19 his possession; or
20 (3) He is a narcotic addict and has any firearms or
21 firearm ammunition in his possession; or
22 (4) He has been a patient in a mental institution
23 within the past 5 years and has any firearms or firearm
24 ammunition in his possession. For purposes of this
25 paragraph (4):

HB4411- 177 -LRB101 19800 RLC 69311 b
1 "Mental institution" means any hospital,
2 institution, clinic, evaluation facility, mental
3 health center, or part thereof, which is used primarily
4 for the care or treatment of persons with mental
5 illness.
6 "Patient in a mental institution" means the person
7 was admitted, either voluntarily or involuntarily, to
8 a mental institution for mental health treatment,
9 unless the treatment was voluntary and solely for an
10 alcohol abuse disorder and no other secondary
11 substance abuse disorder or mental illness; or
12 (5) He is a person with an intellectual disability and
13 has any firearms or firearm ammunition in his possession;
14 or
15 (6) He has in his possession any explosive bullet.
16 For purposes of this paragraph "explosive bullet" means the
17projectile portion of an ammunition cartridge which contains or
18carries an explosive charge which will explode upon contact
19with the flesh of a human or an animal. "Cartridge" means a
20tubular metal case having a projectile affixed at the front
21thereof and a cap or primer at the rear end thereof, with the
22propellant contained in such tube between the projectile and
23the cap.
24 (a-5) A person prohibited from possessing a firearm under
25this Section may petition the Director of the Illinois State
26Police for a hearing and relief from the prohibition, unless

HB4411- 178 -LRB101 19800 RLC 69311 b
1the prohibition was based upon a forcible felony, stalking,
2aggravated stalking, domestic battery, any violation of the
3Illinois Controlled Substances Act, the Methamphetamine
4Control and Community Protection Act, or the Cannabis Control
5Act that is classified as a Class 2 or greater felony, any
6felony violation of Article 24 of the Criminal Code of 1961 or
7the Criminal Code of 2012, or any adjudication as a delinquent
8minor for the commission of an offense that if committed by an
9adult would be a felony, in which case the person may petition
10the circuit court in writing in the county of his or her
11residence for a hearing and relief from the prohibition. The
12Director or court may grant the relief if it is established by
13the petitioner to the court's or Director's satisfaction that:
14 (1) when in the circuit court, the State's Attorney has
15 been served with a written copy of the petition at least 30
16 days before any hearing in the circuit court and at the
17 hearing the State's Attorney was afforded an opportunity to
18 present evidence and object to the petition;
19 (2) the petitioner has not been convicted of a forcible
20 felony under the laws of this State or any other
21 jurisdiction within 20 years of the filing of the petition,
22 or at least 20 years have passed since the end of any
23 period of imprisonment imposed in relation to that
24 conviction;
25 (3) the circumstances regarding a criminal conviction,
26 where applicable, the petitioner's criminal history and

HB4411- 179 -LRB101 19800 RLC 69311 b
1 his reputation are such that the petitioner will not be
2 likely to act in a manner dangerous to public safety;
3 (4) granting relief would not be contrary to the public
4 interest; and
5 (5) granting relief would not be contrary to federal
6 law.
7 (b) Sentence.
8 Unlawful possession of firearms, other than handguns, and
9firearm ammunition is a Class A misdemeanor. Unlawful
10possession of handguns is a Class 4 felony. The possession of
11each firearm or firearm ammunition in violation of this Section
12constitutes a single and separate violation.
13 (c) Nothing in paragraph (1) of subsection (a) of this
14Section prohibits a person under 18 years of age from
15participating in any lawful recreational activity with a
16firearm such as, but not limited to, practice shooting at
17targets upon established public or private target ranges or
18hunting, trapping, or fishing in accordance with the Wildlife
19Code or the Fish and Aquatic Life Code.
20(Source: P.A. 99-143, eff. 7-27-15.)
21 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
22 Sec. 24-3.2. Unlawful discharge of firearm projectiles.
23 (a) A person commits the offense of unlawful discharge of
24firearm projectiles when he or she knowingly or recklessly uses
25an armor piercing bullet, dragon's breath shotgun shell, bolo

HB4411- 180 -LRB101 19800 RLC 69311 b
1shell, or flechette shell in violation of this Section.
2 For purposes of this Section:
3 "Armor piercing bullet" means any handgun bullet or handgun
4ammunition with projectiles or projectile cores constructed
5entirely (excluding the presence of traces of other substances)
6from tungsten alloys, steel, iron, brass, bronze, beryllium
7copper or depleted uranium, or fully jacketed bullets larger
8than 22 caliber whose jacket has a weight of more than 25% of
9the total weight of the projectile, and excluding those handgun
10projectiles whose cores are composed of soft materials such as
11lead or lead alloys, zinc or zinc alloys, frangible projectiles
12designed primarily for sporting purposes, and any other
13projectiles or projectile cores that the U. S. Secretary of the
14Treasury finds to be primarily intended to be used for sporting
15purposes or industrial purposes or that otherwise does not
16constitute "armor piercing ammunition" as that term is defined
17by federal law.
18 "Dragon's breath shotgun shell" means any shotgun shell
19that contains exothermic pyrophoric mesh metal as the
20projectile and is designed for the purpose of throwing or
21spewing a flame or fireball to simulate a flame-thrower.
22 "Bolo shell" means any shell that can be fired in a firearm
23and expels as projectiles 2 or more metal balls connected by
24solid metal wire.
25 "Flechette shell" means any shell that can be fired in a
26firearm and expels 2 or more pieces of fin-stabilized solid

HB4411- 181 -LRB101 19800 RLC 69311 b
1metal wire or 2 or more solid dart-type projectiles.
2 (b) A person commits a Class X felony when he or she,
3knowing that a firearm, as defined in Section 1.1 of the
4Firearm Owners Identification Card Act, is loaded with an armor
5piercing bullet, dragon's breath shotgun shell, bolo shell, or
6flechette shell, intentionally or recklessly discharges such
7firearm and such bullet or shell strikes any other person.
8 (c) Any person who possesses, concealed on or about his or
9her person, an armor piercing bullet, dragon's breath shotgun
10shell, bolo shell, or flechette shell and a firearm suitable
11for the discharge thereof is guilty of a Class 2 felony.
12 (d) This Section does not apply to or affect any of the
13following:
14 (1) Peace officers;
15 (2) Wardens, superintendents and keepers of prisons,
16 penitentiaries, jails and other institutions for the
17 detention of persons accused or convicted of an offense;
18 (3) Members of the Armed Services or Reserve Forces of
19 the United States or the Illinois National Guard while in
20 the performance of their official duties;
21 (4) Federal officials required to carry firearms,
22 while engaged in the performance of their official duties;
23 (5) United States Marshals, while engaged in the
24 performance of their official duties.
25(Source: P.A. 92-423, eff. 1-1-02.)

HB4411- 182 -LRB101 19800 RLC 69311 b
1 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
2 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
3 (a) It shall be unlawful for any person who holds a license
4to sell at retail any alcoholic liquor issued by the Illinois
5Liquor Control Commission or local liquor control commissioner
6under the Liquor Control Act of 1934 or an agent or employee of
7the licensee to sell or deliver to any other person a firearm
8in or on the real property of the establishment where the
9licensee is licensed to sell alcoholic liquors unless the sale
10or delivery of the firearm is otherwise lawful under this
11Article and under the Firearm Owners Identification Card Act.
12 (b) Sentence. A violation of subsection (a) of this Section
13is a Class 4 felony.
14(Source: P.A. 87-591.)
15 (720 ILCS 5/24-3.5)
16 Sec. 24-3.5. Unlawful purchase of a firearm.
17 (a) For purposes of this Section, "firearms transaction
18record form" means a form:
19 (1) executed by a transferee of a firearm stating: (i)
20 the transferee's name and address (including county or
21 similar political subdivision); (ii) whether the
22 transferee is a citizen of the United States; (iii) the
23 transferee's State of residence; and (iv) the date and
24 place of birth, height, weight, and race of the transferee;
25 and

HB4411- 183 -LRB101 19800 RLC 69311 b
1 (2) on which the transferee certifies that he or she is
2 not prohibited by federal law from transporting or shipping
3 a firearm in interstate or foreign commerce or receiving a
4 firearm that has been shipped or transported in interstate
5 or foreign commerce or possessing a firearm in or affecting
6 commerce.
7 (b) A person commits the offense of unlawful purchase of a
8firearm who knowingly purchases or attempts to purchase a
9firearm with the intent to deliver that firearm to another
10person who is prohibited by federal or State law from
11possessing a firearm.
12 (c) A person commits the offense of unlawful purchase of a
13firearm when he or she, in purchasing or attempting to purchase
14a firearm, intentionally provides false or misleading
15information on a United States Department of the Treasury,
16Bureau of Alcohol, Tobacco and Firearms firearms transaction
17record form.
18 (d) Exemption. It is not a violation of subsection (b) of
19this Section for a person to make a gift or loan of a firearm to
20a person who is not prohibited by federal or State law from
21possessing a firearm if the transfer of the firearm is made in
22accordance with Section 3 of the Firearm Owners Identification
23Card Act.
24 (e) Sentence.
25 (1) A person who commits the offense of unlawful
26 purchase of a firearm:

HB4411- 184 -LRB101 19800 RLC 69311 b
1 (A) is guilty of a Class 2 felony for purchasing or
2 attempting to purchase one firearm;
3 (B) is guilty of a Class 1 felony for purchasing or
4 attempting to purchase not less than 2 firearms and not
5 more than 5 firearms at the same time or within a one
6 year period;
7 (C) is guilty of a Class X felony for which the
8 offender shall be sentenced to a term of imprisonment
9 of not less than 9 years and not more than 40 years for
10 purchasing or attempting to purchase not less than 6
11 firearms at the same time or within a 2 year period.
12 (2) In addition to any other penalty that may be
13 imposed for a violation of this Section, the court may
14 sentence a person convicted of a violation of subsection
15 (c) of this Section to a fine not to exceed $250,000 for
16 each violation.
17 (f) A prosecution for unlawful purchase of a firearm may be
18commenced within 6 years after the commission of the offense.
19(Source: P.A. 95-882, eff. 1-1-09.)
20 (720 ILCS 5/24-3B)
21 Sec. 24-3B. Firearms trafficking.
22 (a) A person commits firearms trafficking when he or she is
23prohibited under federal or State law from possessing a firearm
24has not been issued a currently valid Firearm Owner's
25Identification Card and knowingly:

HB4411- 185 -LRB101 19800 RLC 69311 b
1 (1) brings, or causes to be brought, into this State, a
2 firearm or firearm ammunition for the purpose of sale,
3 delivery, or transfer to any other person or with the
4 intent to sell, deliver, or transfer the firearm or firearm
5 ammunition to any other person; or
6 (2) brings, or causes to be brought, into this State, a
7 firearm and firearm ammunition for the purpose of sale,
8 delivery, or transfer to any other person or with the
9 intent to sell, deliver, or transfer the firearm and
10 firearm ammunition to any other person.
11 (a-5) (Blank). This Section does not apply to:
12 (1) a person exempt under Section 2 of the Firearm
13 Owners Identification Card Act from the requirement of
14 having possession of a Firearm Owner's Identification Card
15 previously issued in his or her name by the Department of
16 State Police in order to acquire or possess a firearm or
17 firearm ammunition;
18 (2) a common carrier under subsection (i) of Section
19 24-2 of this Code; or
20 (3) a non-resident who may lawfully possess a firearm
21 in his or her resident state.
22 (b) Sentence.
23 (1) Firearms trafficking is a Class 1 felony for which
24 the person, if sentenced to a term of imprisonment, shall
25 be sentenced to not less than 4 years and not more than 20
26 years.

HB4411- 186 -LRB101 19800 RLC 69311 b
1 (2) Firearms trafficking by a person who has been
2 previously convicted of firearms trafficking, gunrunning,
3 or a felony offense for the unlawful sale, delivery, or
4 transfer of a firearm or firearm ammunition in this State
5 or another jurisdiction is a Class X felony.
6(Source: P.A. 99-885, eff. 8-23-16.)
7 (720 ILCS 5/24-4.1)
8 Sec. 24-4.1. Report of lost or stolen firearms.
9 (a) If a person who possesses a valid Firearm Owner's
10Identification Card and who possesses or acquires a firearm
11thereafter loses the firearm, or if the firearm is stolen from
12the person, the person must report the loss or theft to the
13local law enforcement agency within 72 hours after obtaining
14knowledge of the loss or theft.
15 (b) A law enforcement agency having jurisdiction shall take
16a written report and shall, as soon as practical, enter the
17firearm's serial number as stolen into the Law Enforcement
18Agencies Data System (LEADS).
19 (c) A person shall not be in violation of this Section if:
20 (1) the failure to report is due to an act of God, act
21 of war, or inability of a law enforcement agency to receive
22 the report;
23 (2) the person is hospitalized, in a coma, or is
24 otherwise seriously physically or mentally impaired as to
25 prevent the person from reporting; or

HB4411- 187 -LRB101 19800 RLC 69311 b
1 (3) the person's designee makes a report if the person
2 is unable to make the report.
3 (d) Sentence. A person who violates this Section is guilty
4of a petty offense for a first violation. A second or
5subsequent violation of this Section is a Class A misdemeanor.
6(Source: P.A. 98-508, eff. 8-19-13.)
7 (720 ILCS 5/24-4.5 new)
8 Sec. 24-4.5. Dial up system.
9 (a) The Illinois State Police shall provide a dial up
10telephone system or utilize other existing technology which
11shall be used by any federally licensed firearm dealer, gun
12show promoter, or gun show vendor who is to transfer a firearm,
13stun gun, or taser under the provisions of this Code. The
14Illinois State Police may utilize existing technology which
15allows the caller to be charged a fee not to exceed $2. Fees
16collected by the Illinois State Police shall be deposited in
17the State Police Services Fund and used to provide the service.
18 (b) Upon receiving a request from a federally licensed
19firearm dealer, gun show promoter, or gun show vendor, the
20Illinois State Police shall immediately approve, or within the
21time period established by Section 24-3 of this Code regarding
22the delivery of firearms, stun guns, and tasers notify the
23inquiring dealer, gun show promoter, or gun show vendor of any
24objection that would disqualify the transferee from acquiring
25or possessing a firearm, stun gun, or taser. In conducting the

HB4411- 188 -LRB101 19800 RLC 69311 b
1inquiry, the Illinois State Police shall initiate and complete
2an automated search of its criminal history record information
3files and those of the Federal Bureau of Investigation,
4including the National Instant Criminal Background Check
5System, and of the files of the Department of Human Services
6relating to mental health and developmental disabilities to
7obtain any felony conviction or patient hospitalization
8information which would disqualify a person from obtaining a
9firearm.
10 (c) If receipt of a firearm would not violate Section 24-3
11of this Code or federal law, the Illinois State Police shall:
12 (1) assign a unique identification number to the
13 transfer; and
14 (2) provide the licensee, gun show promoter, or gun
15 show vendor with the number.
16 (d) Approvals issued by the Illinois State Police for the
17purchase of a firearm are valid for 30 days from the date of
18issue.
19 (e)(1) The Illinois State Police must act as the Illinois
20Point of Contact for the National Instant Criminal Background
21Check System.
22 (2) The Illinois State Police and the Department of Human
23Services shall, in accordance with State and federal law
24regarding confidentiality, enter into a memorandum of
25understanding with the Federal Bureau of Investigation for the
26purpose of implementing the National Instant Criminal

HB4411- 189 -LRB101 19800 RLC 69311 b
1Background Check System in the State. The Illinois State Police
2shall report the name, date of birth, and physical description
3of any person prohibited from possessing a firearm under this
4Code or 18 U.S.C. 922(g) and (n) to the National Instant
5Criminal Background Check System Index, Denied Persons Files.
6 (f) The Illinois State Police shall adopt rules not
7inconsistent with this Section to implement this system.
8 (720 ILCS 5/24-9)
9 Sec. 24-9. Firearms; Child Protection.
10 (a) Except as provided in subsection (c), it is unlawful
11for any person to store or leave, within premises under his or
12her control, a firearm if the person knows or has reason to
13believe that a minor under the age of 14 years who does not
14have a Firearm Owners Identification Card is likely to gain
15access to the firearm without the lawful permission of the
16person possessing the firearm, minor's parent, guardian, or
17person having charge of the minor, and the minor causes death
18or great bodily harm with the firearm, unless the firearm is:
19 (1) secured by a device or mechanism, other than the
20 firearm safety, designed to render a firearm temporarily
21 inoperable; or
22 (2) placed in a securely locked box or container; or
23 (3) placed in some other location that a reasonable
24 person would believe to be secure from a minor under the
25 age of 14 years.

HB4411- 190 -LRB101 19800 RLC 69311 b
1 (b) Sentence. A person who violates this Section is guilty
2of a Class C misdemeanor and shall be fined not less than
3$1,000. A second or subsequent violation of this Section is a
4Class A misdemeanor.
5 (c) Subsection (a) does not apply:
6 (1) if the minor under 14 years of age gains access to
7 a firearm and uses it in a lawful act of self-defense or
8 defense of another; or
9 (2) to any firearm obtained by a minor under the age of
10 14 because of an unlawful entry of the premises by the
11 minor or another person.
12 (d) (Blank). For the purposes of this Section, "firearm"
13has the meaning ascribed to it in Section 1.1 of the Firearm
14Owners Identification Card Act.
15(Source: P.A. 91-18, eff. 1-1-00.)
16 Section 85. The Methamphetamine Control and Community
17Protection Act is amended by changing Section 10 as follows:
18 (720 ILCS 646/10)
19 Sec. 10. Definitions. As used in this Act:
20 "Anhydrous ammonia" has the meaning provided in subsection
21(d) of Section 3 of the Illinois Fertilizer Act of 1961.
22 "Anhydrous ammonia equipment" means all items used to
23store, hold, contain, handle, transfer, transport, or apply
24anhydrous ammonia for lawful purposes.

HB4411- 191 -LRB101 19800 RLC 69311 b
1 "Booby trap" means any device designed to cause physical
2injury when triggered by an act of a person approaching,
3entering, or moving through a structure, a vehicle, or any
4location where methamphetamine has been manufactured, is being
5manufactured, or is intended to be manufactured.
6 "Deliver" or "delivery" has the meaning provided in
7subsection (h) of Section 102 of the Illinois Controlled
8Substances Act.
9 "Director" means the Director of State Police or the
10Director's designated agents.
11 "Dispose" or "disposal" means to abandon, discharge,
12release, deposit, inject, dump, spill, leak, or place
13methamphetamine waste onto or into any land, water, or well of
14any type so that the waste has the potential to enter the
15environment, be emitted into the air, or be discharged into the
16soil or any waters, including groundwater.
17 "Emergency response" means the act of collecting evidence
18from or securing a methamphetamine laboratory site,
19methamphetamine waste site or other methamphetamine-related
20site and cleaning up the site, whether these actions are
21performed by public entities or private contractors paid by
22public entities.
23 "Emergency service provider" means a local, State, or
24federal peace officer, firefighter, emergency medical
25technician-ambulance, emergency medical
26technician-intermediate, emergency medical

HB4411- 192 -LRB101 19800 RLC 69311 b
1technician-paramedic, ambulance driver, or other medical or
2first aid personnel rendering aid, or any agent or designee of
3the foregoing.
4 "Finished methamphetamine" means methamphetamine in a form
5commonly used for personal consumption.
6 "Firearm" has the meaning provided in Section 2-7.5 of the
7Criminal Code of 2012 1.1 of the Firearm Owners Identification
8Card Act.
9 "Manufacture" means to produce, prepare, compound,
10convert, process, synthesize, concentrate, purify, separate,
11extract, or package any methamphetamine, methamphetamine
12precursor, methamphetamine manufacturing catalyst,
13methamphetamine manufacturing reagent, methamphetamine
14manufacturing solvent, or any substance containing any of the
15foregoing.
16 "Methamphetamine" means the chemical methamphetamine (a
17Schedule II controlled substance under the Illinois Controlled
18Substances Act) or any salt, optical isomer, salt of optical
19isomer, or analog thereof, with the exception of
203,4-Methylenedioxymethamphetamine (MDMA) or any other
21scheduled substance with a separate listing under the Illinois
22Controlled Substances Act.
23 "Methamphetamine manufacturing catalyst" means any
24substance that has been used, is being used, or is intended to
25be used to activate, accelerate, extend, or improve a chemical
26reaction involved in the manufacture of methamphetamine.

HB4411- 193 -LRB101 19800 RLC 69311 b
1 "Methamphetamine manufacturing environment" means a
2structure or vehicle in which:
3 (1) methamphetamine is being or has been manufactured;
4 (2) chemicals that are being used, have been used, or
5 are intended to be used to manufacture methamphetamine are
6 stored;
7 (3) methamphetamine manufacturing materials that have
8 been used to manufacture methamphetamine are stored; or
9 (4) methamphetamine manufacturing waste is stored.
10 "Methamphetamine manufacturing material" means any
11methamphetamine precursor, substance containing any
12methamphetamine precursor, methamphetamine manufacturing
13catalyst, substance containing any methamphetamine
14manufacturing catalyst, methamphetamine manufacturing reagent,
15substance containing any methamphetamine manufacturing
16reagent, methamphetamine manufacturing solvent, substance
17containing any methamphetamine manufacturing solvent, or any
18other chemical, substance, ingredient, equipment, apparatus,
19or item that is being used, has been used, or is intended to be
20used in the manufacture of methamphetamine.
21 "Methamphetamine manufacturing reagent" means any
22substance other than a methamphetamine manufacturing catalyst
23that has been used, is being used, or is intended to be used to
24react with and chemically alter any methamphetamine precursor.
25 "Methamphetamine manufacturing solvent" means any
26substance that has been used, is being used, or is intended to

HB4411- 194 -LRB101 19800 RLC 69311 b
1be used as a medium in which any methamphetamine precursor,
2methamphetamine manufacturing catalyst, methamphetamine
3manufacturing reagent, or any substance containing any of the
4foregoing is dissolved, diluted, or washed during any part of
5the methamphetamine manufacturing process.
6 "Methamphetamine manufacturing waste" means any chemical,
7substance, ingredient, equipment, apparatus, or item that is
8left over from, results from, or is produced by the process of
9manufacturing methamphetamine, other than finished
10methamphetamine.
11 "Methamphetamine precursor" means ephedrine,
12pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
13phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
14isomer, or salt of an optical isomer of any of these chemicals.
15 "Multi-unit dwelling" means a unified structure used or
16intended for use as a habitation, home, or residence that
17contains 2 or more condominiums, apartments, hotel rooms, motel
18rooms, or other living units.
19 "Package" means an item marked for retail sale that is not
20designed to be further broken down or subdivided for the
21purpose of retail sale.
22 "Participate" or "participation" in the manufacture of
23methamphetamine means to produce, prepare, compound, convert,
24process, synthesize, concentrate, purify, separate, extract,
25or package any methamphetamine, methamphetamine precursor,
26methamphetamine manufacturing catalyst, methamphetamine

HB4411- 195 -LRB101 19800 RLC 69311 b
1manufacturing reagent, methamphetamine manufacturing solvent,
2or any substance containing any of the foregoing, or to assist
3in any of these actions, or to attempt to take any of these
4actions, regardless of whether this action or these actions
5result in the production of finished methamphetamine.
6 "Person with a disability" means a person who suffers from
7a permanent physical or mental impairment resulting from
8disease, injury, functional disorder, or congenital condition
9which renders the person incapable of adequately providing for
10his or her own health and personal care.
11 "Procure" means to purchase, steal, gather, or otherwise
12obtain, by legal or illegal means, or to cause another to take
13such action.
14 "Second or subsequent offense" means an offense under this
15Act committed by an offender who previously committed an
16offense under this Act, the Illinois Controlled Substances Act,
17the Cannabis Control Act, or another Act of this State, another
18state, or the United States relating to methamphetamine,
19cannabis, or any other controlled substance.
20 "Standard dosage form", as used in relation to any
21methamphetamine precursor, means that the methamphetamine
22precursor is contained in a pill, tablet, capsule, caplet, gel
23cap, or liquid cap that has been manufactured by a lawful
24entity and contains a standard quantity of methamphetamine
25precursor.
26 "Unauthorized container", as used in relation to anhydrous

HB4411- 196 -LRB101 19800 RLC 69311 b
1ammonia, means any container that is not designed for the
2specific and sole purpose of holding, storing, transporting, or
3applying anhydrous ammonia. "Unauthorized container" includes,
4but is not limited to, any propane tank, fire extinguisher,
5oxygen cylinder, gasoline can, food or beverage cooler, or
6compressed gas cylinder used in dispensing fountain drinks.
7"Unauthorized container" does not encompass anhydrous ammonia
8manufacturing plants, refrigeration systems where anhydrous
9ammonia is used solely as a refrigerant, anhydrous ammonia
10transportation pipelines, anhydrous ammonia tankers, or
11anhydrous ammonia barges.
12(Source: P.A. 97-434, eff. 1-1-12.)
13 Section 90. The Code of Criminal Procedure of 1963 is
14amended by changing Sections 102-7.1, 110-10, 112A-11.1,
15112A-11.2, 112A-14, and 112A-14.7 as follows:
16 (725 ILCS 5/102-7.1)
17 Sec. 102-7.1. "Category A offense". "Category A offense"
18means a Class 1 felony, Class 2 felony, Class X felony, first
19degree murder, a violation of Section 11-204 of the Illinois
20Vehicle Code, a second or subsequent violation of Section
2111-501 of the Illinois Vehicle Code, a violation of subsection
22(d) of Section 11-501 of the Illinois Vehicle Code, a violation
23of Section 11-401 of the Illinois Vehicle Code if the accident
24results in injury and the person failed to report the accident

HB4411- 197 -LRB101 19800 RLC 69311 b
1within 30 minutes, a violation of Section 9-3, 9-3.4, 10-3,
210-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 12-2,
312-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1,
412-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 25-1,
526.5-2, or 48-1 of the Criminal Code of 2012, a second or
6subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code
7of 2012, a violation of paragraph (5) or (6) of subsection (b)
8of Section 10-9 of the Criminal Code of 2012, a violation of
9subsection (b) or (c) or paragraph (1) or (2) of subsection (a)
10of Section 11-1.50 of the Criminal Code of 2012, a violation of
11Section 12-7 of the Criminal Code of 2012 if the defendant
12inflicts bodily harm on the victim to obtain a confession,
13statement, or information, a violation of Section 12-7.5 of the
14Criminal Code of 2012 if the action results in bodily harm, a
15violation of paragraph (3) of subsection (b) of Section 17-2 of
16the Criminal Code of 2012, a violation of subdivision
17(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a
18violation of paragraph (6) of subsection (a) of Section 24-1 of
19the Criminal Code of 2012, a first violation of Section 24-1.6
20of the Criminal Code of 2012 by a person 18 years of age or
21older where the factors listed in both items (A) and (C) or
22both items (A-5) and (C) of paragraph (3) of subsection (a) of
23Section 24-1.6 of the Criminal Code of 2012 are present, a
24Class 3 felony violation of paragraph (1) of subsection (a) of
25Section 2 of the Firearm Owners Identification Card Act
26committed before the effective date of this amendatory Act of

HB4411- 198 -LRB101 19800 RLC 69311 b
1the 101st General Assembly, or a violation of Section 10 of the
2Sex Offender Registration Act.
3(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
4 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
5 Sec. 110-10. Conditions of bail bond.
6 (a) If a person is released prior to conviction, either
7upon payment of bail security or on his or her own
8recognizance, the conditions of the bail bond shall be that he
9or she will:
10 (1) Appear to answer the charge in the court having
11 jurisdiction on a day certain and thereafter as ordered by
12 the court until discharged or final order of the court;
13 (2) Submit himself or herself to the orders and process
14 of the court;
15 (3) Not depart this State without leave of the court;
16 (4) Not violate any criminal statute of any
17 jurisdiction;
18 (5) At a time and place designated by the court,
19 surrender all firearms in his or her possession to a law
20 enforcement officer designated by the court to take custody
21 of and impound the firearms and physically surrender his or
22 her Firearm Owner's Identification Card to the clerk of the
23 circuit court when the offense the person has been charged
24 with is a forcible felony, stalking, aggravated stalking,
25 domestic battery, any violation of the Illinois Controlled

HB4411- 199 -LRB101 19800 RLC 69311 b
1 Substances Act, the Methamphetamine Control and Community
2 Protection Act, or the Cannabis Control Act that is
3 classified as a Class 2 or greater felony, or any felony
4 violation of Article 24 of the Criminal Code of 1961 or the
5 Criminal Code of 2012; the court may, however, forgo the
6 imposition of this condition when the circumstances of the
7 case clearly do not warrant it or when its imposition would
8 be impractical; if the Firearm Owner's Identification Card
9 is confiscated, the clerk of the circuit court shall mail
10 the confiscated card to the Illinois State Police; all
11 legally possessed firearms shall be returned to the person
12 upon the charges being dismissed, or if the person is found
13 not guilty, unless the finding of not guilty is by reason
14 of insanity; and
15 (6) At a time and place designated by the court, submit
16 to a psychological evaluation when the person has been
17 charged with a violation of item (4) of subsection (a) of
18 Section 24-1 of the Criminal Code of 1961 or the Criminal
19 Code of 2012 and that violation occurred in a school or in
20 any conveyance owned, leased, or contracted by a school to
21 transport students to or from school or a school-related
22 activity, or on any public way within 1,000 feet of real
23 property comprising any school.
24 Psychological evaluations ordered pursuant to this Section
25shall be completed promptly and made available to the State,
26the defendant, and the court. As a further condition of bail

HB4411- 200 -LRB101 19800 RLC 69311 b
1under these circumstances, the court shall order the defendant
2to refrain from entering upon the property of the school,
3including any conveyance owned, leased, or contracted by a
4school to transport students to or from school or a
5school-related activity, or on any public way within 1,000 feet
6of real property comprising any school. Upon receipt of the
7psychological evaluation, either the State or the defendant may
8request a change in the conditions of bail, pursuant to Section
9110-6 of this Code. The court may change the conditions of bail
10to include a requirement that the defendant follow the
11recommendations of the psychological evaluation, including
12undergoing psychiatric treatment. The conclusions of the
13psychological evaluation and any statements elicited from the
14defendant during its administration are not admissible as
15evidence of guilt during the course of any trial on the charged
16offense, unless the defendant places his or her mental
17competency in issue.
18 (b) The court may impose other conditions, such as the
19following, if the court finds that such conditions are
20reasonably necessary to assure the defendant's appearance in
21court, protect the public from the defendant, or prevent the
22defendant's unlawful interference with the orderly
23administration of justice:
24 (1) Report to or appear in person before such person or
25 agency as the court may direct;
26 (2) Refrain from possessing a firearm or other

HB4411- 201 -LRB101 19800 RLC 69311 b
1 dangerous weapon;
2 (3) Refrain from approaching or communicating with
3 particular persons or classes of persons;
4 (4) Refrain from going to certain described
5 geographical areas or premises;
6 (5) Refrain from engaging in certain activities or
7 indulging in intoxicating liquors or in certain drugs;
8 (6) Undergo treatment for drug addiction or
9 alcoholism;
10 (7) Undergo medical or psychiatric treatment;
11 (8) Work or pursue a course of study or vocational
12 training;
13 (9) Attend or reside in a facility designated by the
14 court;
15 (10) Support his or her dependents;
16 (11) If a minor resides with his or her parents or in a
17 foster home, attend school, attend a non-residential
18 program for youths, and contribute to his or her own
19 support at home or in a foster home;
20 (12) Observe any curfew ordered by the court;
21 (13) Remain in the custody of such designated person or
22 organization agreeing to supervise his release. Such third
23 party custodian shall be responsible for notifying the
24 court if the defendant fails to observe the conditions of
25 release which the custodian has agreed to monitor, and
26 shall be subject to contempt of court for failure so to

HB4411- 202 -LRB101 19800 RLC 69311 b
1 notify the court;
2 (14) Be placed under direct supervision of the Pretrial
3 Services Agency, Probation Department or Court Services
4 Department in a pretrial bond home supervision capacity
5 with or without the use of an approved electronic
6 monitoring device subject to Article 8A of Chapter V of the
7 Unified Code of Corrections;
8 (14.1) The court shall impose upon a defendant who is
9 charged with any alcohol, cannabis, methamphetamine, or
10 controlled substance violation and is placed under direct
11 supervision of the Pretrial Services Agency, Probation
12 Department or Court Services Department in a pretrial bond
13 home supervision capacity with the use of an approved
14 monitoring device, as a condition of such bail bond, a fee
15 that represents costs incidental to the electronic
16 monitoring for each day of such bail supervision ordered by
17 the court, unless after determining the inability of the
18 defendant to pay the fee, the court assesses a lesser fee
19 or no fee as the case may be. The fee shall be collected by
20 the clerk of the circuit court, except as provided in an
21 administrative order of the Chief Judge of the circuit
22 court. The clerk of the circuit court shall pay all monies
23 collected from this fee to the county treasurer for deposit
24 in the substance abuse services fund under Section 5-1086.1
25 of the Counties Code, except as provided in an
26 administrative order of the Chief Judge of the circuit

HB4411- 203 -LRB101 19800 RLC 69311 b
1 court.
2 The Chief Judge of the circuit court of the county may
3 by administrative order establish a program for electronic
4 monitoring of offenders with regard to drug-related and
5 alcohol-related offenses, in which a vendor supplies and
6 monitors the operation of the electronic monitoring
7 device, and collects the fees on behalf of the county. The
8 program shall include provisions for indigent offenders
9 and the collection of unpaid fees. The program shall not
10 unduly burden the offender and shall be subject to review
11 by the Chief Judge.
12 The Chief Judge of the circuit court may suspend any
13 additional charges or fees for late payment, interest, or
14 damage to any device;
15 (14.2) The court shall impose upon all defendants,
16 including those defendants subject to paragraph (14.1)
17 above, placed under direct supervision of the Pretrial
18 Services Agency, Probation Department or Court Services
19 Department in a pretrial bond home supervision capacity
20 with the use of an approved monitoring device, as a
21 condition of such bail bond, a fee which shall represent
22 costs incidental to such electronic monitoring for each day
23 of such bail supervision ordered by the court, unless after
24 determining the inability of the defendant to pay the fee,
25 the court assesses a lesser fee or no fee as the case may
26 be. The fee shall be collected by the clerk of the circuit

HB4411- 204 -LRB101 19800 RLC 69311 b
1 court, except as provided in an administrative order of the
2 Chief Judge of the circuit court. The clerk of the circuit
3 court shall pay all monies collected from this fee to the
4 county treasurer who shall use the monies collected to
5 defray the costs of corrections. The county treasurer shall
6 deposit the fee collected in the county working cash fund
7 under Section 6-27001 or Section 6-29002 of the Counties
8 Code, as the case may be, except as provided in an
9 administrative order of the Chief Judge of the circuit
10 court.
11 The Chief Judge of the circuit court of the county may
12 by administrative order establish a program for electronic
13 monitoring of offenders with regard to drug-related and
14 alcohol-related offenses, in which a vendor supplies and
15 monitors the operation of the electronic monitoring
16 device, and collects the fees on behalf of the county. The
17 program shall include provisions for indigent offenders
18 and the collection of unpaid fees. The program shall not
19 unduly burden the offender and shall be subject to review
20 by the Chief Judge.
21 The Chief Judge of the circuit court may suspend any
22 additional charges or fees for late payment, interest, or
23 damage to any device;
24 (14.3) The Chief Judge of the Judicial Circuit may
25 establish reasonable fees to be paid by a person receiving
26 pretrial services while under supervision of a pretrial

HB4411- 205 -LRB101 19800 RLC 69311 b
1 services agency, probation department, or court services
2 department. Reasonable fees may be charged for pretrial
3 services including, but not limited to, pretrial
4 supervision, diversion programs, electronic monitoring,
5 victim impact services, drug and alcohol testing, DNA
6 testing, GPS electronic monitoring, assessments and
7 evaluations related to domestic violence and other
8 victims, and victim mediation services. The person
9 receiving pretrial services may be ordered to pay all costs
10 incidental to pretrial services in accordance with his or
11 her ability to pay those costs;
12 (14.4) For persons charged with violating Section
13 11-501 of the Illinois Vehicle Code, refrain from operating
14 a motor vehicle not equipped with an ignition interlock
15 device, as defined in Section 1-129.1 of the Illinois
16 Vehicle Code, pursuant to the rules promulgated by the
17 Secretary of State for the installation of ignition
18 interlock devices. Under this condition the court may allow
19 a defendant who is not self-employed to operate a vehicle
20 owned by the defendant's employer that is not equipped with
21 an ignition interlock device in the course and scope of the
22 defendant's employment;
23 (15) Comply with the terms and conditions of an order
24 of protection issued by the court under the Illinois
25 Domestic Violence Act of 1986 or an order of protection
26 issued by the court of another state, tribe, or United

HB4411- 206 -LRB101 19800 RLC 69311 b
1 States territory;
2 (16) Under Section 110-6.5 comply with the conditions
3 of the drug testing program; and
4 (17) Such other reasonable conditions as the court may
5 impose.
6 (c) When a person is charged with an offense under Section
711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
812-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
9Criminal Code of 2012, involving a victim who is a minor under
1018 years of age living in the same household with the defendant
11at the time of the offense, in granting bail or releasing the
12defendant on his own recognizance, the judge shall impose
13conditions to restrict the defendant's access to the victim
14which may include, but are not limited to conditions that he
15will:
16 1. Vacate the household.
17 2. Make payment of temporary support to his dependents.
18 3. Refrain from contact or communication with the child
19 victim, except as ordered by the court.
20 (d) When a person is charged with a criminal offense and
21the victim is a family or household member as defined in
22Article 112A, conditions shall be imposed at the time of the
23defendant's release on bond that restrict the defendant's
24access to the victim. Unless provided otherwise by the court,
25the restrictions shall include requirements that the defendant
26do the following:

HB4411- 207 -LRB101 19800 RLC 69311 b
1 (1) refrain from contact or communication with the
2 victim for a minimum period of 72 hours following the
3 defendant's release; and
4 (2) refrain from entering or remaining at the victim's
5 residence for a minimum period of 72 hours following the
6 defendant's release.
7 (e) Local law enforcement agencies shall develop
8standardized bond forms for use in cases involving family or
9household members as defined in Article 112A, including
10specific conditions of bond as provided in subsection (d).
11Failure of any law enforcement department to develop or use
12those forms shall in no way limit the applicability and
13enforcement of subsections (d) and (f).
14 (f) If the defendant is admitted to bail after conviction
15the conditions of the bail bond shall be that he will, in
16addition to the conditions set forth in subsections (a) and (b)
17hereof:
18 (1) Duly prosecute his appeal;
19 (2) Appear at such time and place as the court may
20 direct;
21 (3) Not depart this State without leave of the court;
22 (4) Comply with such other reasonable conditions as the
23 court may impose; and
24 (5) If the judgment is affirmed or the cause reversed
25 and remanded for a new trial, forthwith surrender to the
26 officer from whose custody he was bailed.

HB4411- 208 -LRB101 19800 RLC 69311 b
1 (g) Upon a finding of guilty for any felony offense, the
2defendant shall physically surrender, at a time and place
3designated by the court, any and all firearms in his or her
4possession and his or her Firearm Owner's Identification Card
5as a condition of remaining on bond pending sentencing.
6 (h) In the event the defendant is unable to post bond, the
7court may impose a no contact provision with the victim or
8other interested party that shall be enforced while the
9defendant remains in custody.
10(Source: P.A. 101-138, eff. 1-1-20.)
11 (725 ILCS 5/112A-11.1)
12 Sec. 112A-11.1. Procedure for determining whether certain
13misdemeanor crimes are crimes of domestic violence for purposes
14of federal law.
15 (a) When a defendant has been charged with a violation of
16Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
17Criminal Code of 1961 or the Criminal Code of 2012, the State
18may, at arraignment or no later than 45 days after arraignment,
19for the purpose of notification to the Department of State
20Police Firearm Owner's Identification Card Office, serve on the
21defendant and file with the court a notice alleging that
22conviction of the offense would subject the defendant to the
23prohibitions of 18 U.S.C. 922(g)(9) because of the relationship
24between the defendant and the alleged victim and the nature of
25the alleged offense.

HB4411- 209 -LRB101 19800 RLC 69311 b
1 (b) The notice shall include the name of the person alleged
2to be the victim of the crime and shall specify the nature of
3the alleged relationship as set forth in 18 U.S.C.
4921(a)(33)(A)(ii). It shall also specify the element of the
5charged offense which requires the use or attempted use of
6physical force, or the threatened use of a deadly weapon, as
7set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
8notice that the defendant is entitled to a hearing on the
9allegation contained in the notice and that if the allegation
10is sustained, that determination and conviction shall be
11reported to the Department of State Police Firearm Owner's
12Identification Card Office.
13 (c) After having been notified as provided in subsection
14(b) of this Section, the defendant may stipulate or admit,
15orally on the record or in writing, that conviction of the
16offense would subject the defendant to the prohibitions of 18
17U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
18922(g)(9) shall be deemed established for purposes of Section
19112A-11.2. If the defendant denies the applicability of 18
20U.S.C. 922(g)(9) as alleged in the notice served by the State,
21or stands mute with respect to that allegation, then the State
22shall bear the burden to prove beyond a reasonable doubt that
23the offense is one to which the prohibitions of 18 U.S.C.
24922(g)(9) apply. The court may consider reliable hearsay
25evidence submitted by either party provided that it is relevant
26to the determination of the allegation. Facts previously proven

HB4411- 210 -LRB101 19800 RLC 69311 b
1at trial or elicited at the time of entry of a plea of guilty
2shall be deemed established beyond a reasonable doubt and shall
3not be relitigated. At the conclusion of the hearing, or upon a
4stipulation or admission, as applicable, the court shall make a
5specific written determination with respect to the allegation.
6(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
7 (725 ILCS 5/112A-11.2)
8 Sec. 112A-11.2. Notification to the Department of State
9Police Firearm Owner's Identification Card Office of
10determinations in certain misdemeanor cases. Upon judgment of
11conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
1212-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
13Code of 2012 when the defendant has been determined, under
14Section 112A-11.1, to be subject to the prohibitions of 18
15U.S.C. 922(g)(9), the circuit court clerk shall include
16notification and a copy of the written determination in a
17report of the conviction to the Department of State Police
18Firearm Owner's Identification Card Office to enable the office
19to report that determination to the Federal Bureau of
20Investigation and assist the Bureau in identifying persons
21prohibited from purchasing and possessing a firearm pursuant to
22the provisions of 18 U.S.C. 922.
23(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
24 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)

HB4411- 211 -LRB101 19800 RLC 69311 b
1 Sec. 112A-14. Domestic violence order of protection;
2remedies.
3 (a) (Blank).
4 (b) The court may order any of the remedies listed in this
5subsection (b). The remedies listed in this subsection (b)
6shall be in addition to other civil or criminal remedies
7available to petitioner.
8 (1) Prohibition of abuse. Prohibit respondent's
9 harassment, interference with personal liberty,
10 intimidation of a dependent, physical abuse, or willful
11 deprivation, as defined in this Article, if such abuse has
12 occurred or otherwise appears likely to occur if not
13 prohibited.
14 (2) Grant of exclusive possession of residence.
15 Prohibit respondent from entering or remaining in any
16 residence, household, or premises of the petitioner,
17 including one owned or leased by respondent, if petitioner
18 has a right to occupancy thereof. The grant of exclusive
19 possession of the residence, household, or premises shall
20 not affect title to real property, nor shall the court be
21 limited by the standard set forth in subsection (c-2) of
22 Section 501 of the Illinois Marriage and Dissolution of
23 Marriage Act.
24 (A) Right to occupancy. A party has a right to
25 occupancy of a residence or household if it is solely
26 or jointly owned or leased by that party, that party's

HB4411- 212 -LRB101 19800 RLC 69311 b
1 spouse, a person with a legal duty to support that
2 party or a minor child in that party's care, or by any
3 person or entity other than the opposing party that
4 authorizes that party's occupancy (e.g., a domestic
5 violence shelter). Standards set forth in subparagraph
6 (B) shall not preclude equitable relief.
7 (B) Presumption of hardships. If petitioner and
8 respondent each has the right to occupancy of a
9 residence or household, the court shall balance (i) the
10 hardships to respondent and any minor child or
11 dependent adult in respondent's care resulting from
12 entry of this remedy with (ii) the hardships to
13 petitioner and any minor child or dependent adult in
14 petitioner's care resulting from continued exposure to
15 the risk of abuse (should petitioner remain at the
16 residence or household) or from loss of possession of
17 the residence or household (should petitioner leave to
18 avoid the risk of abuse). When determining the balance
19 of hardships, the court shall also take into account
20 the accessibility of the residence or household.
21 Hardships need not be balanced if respondent does not
22 have a right to occupancy.
23 The balance of hardships is presumed to favor
24 possession by petitioner unless the presumption is
25 rebutted by a preponderance of the evidence, showing
26 that the hardships to respondent substantially

HB4411- 213 -LRB101 19800 RLC 69311 b
1 outweigh the hardships to petitioner and any minor
2 child or dependent adult in petitioner's care. The
3 court, on the request of petitioner or on its own
4 motion, may order respondent to provide suitable,
5 accessible, alternate housing for petitioner instead
6 of excluding respondent from a mutual residence or
7 household.
8 (3) Stay away order and additional prohibitions. Order
9 respondent to stay away from petitioner or any other person
10 protected by the domestic violence order of protection, or
11 prohibit respondent from entering or remaining present at
12 petitioner's school, place of employment, or other
13 specified places at times when petitioner is present, or
14 both, if reasonable, given the balance of hardships.
15 Hardships need not be balanced for the court to enter a
16 stay away order or prohibit entry if respondent has no
17 right to enter the premises.
18 (A) If a domestic violence order of protection
19 grants petitioner exclusive possession of the
20 residence, prohibits respondent from entering the
21 residence, or orders respondent to stay away from
22 petitioner or other protected persons, then the court
23 may allow respondent access to the residence to remove
24 items of clothing and personal adornment used
25 exclusively by respondent, medications, and other
26 items as the court directs. The right to access shall

HB4411- 214 -LRB101 19800 RLC 69311 b
1 be exercised on only one occasion as the court directs
2 and in the presence of an agreed-upon adult third party
3 or law enforcement officer.
4 (B) When the petitioner and the respondent attend
5 the same public, private, or non-public elementary,
6 middle, or high school, the court when issuing a
7 domestic violence order of protection and providing
8 relief shall consider the severity of the act, any
9 continuing physical danger or emotional distress to
10 the petitioner, the educational rights guaranteed to
11 the petitioner and respondent under federal and State
12 law, the availability of a transfer of the respondent
13 to another school, a change of placement or a change of
14 program of the respondent, the expense, difficulty,
15 and educational disruption that would be caused by a
16 transfer of the respondent to another school, and any
17 other relevant facts of the case. The court may order
18 that the respondent not attend the public, private, or
19 non-public elementary, middle, or high school attended
20 by the petitioner, order that the respondent accept a
21 change of placement or change of program, as determined
22 by the school district or private or non-public school,
23 or place restrictions on the respondent's movements
24 within the school attended by the petitioner. The
25 respondent bears the burden of proving by a
26 preponderance of the evidence that a transfer, change

HB4411- 215 -LRB101 19800 RLC 69311 b
1 of placement, or change of program of the respondent is
2 not available. The respondent also bears the burden of
3 production with respect to the expense, difficulty,
4 and educational disruption that would be caused by a
5 transfer of the respondent to another school. A
6 transfer, change of placement, or change of program is
7 not unavailable to the respondent solely on the ground
8 that the respondent does not agree with the school
9 district's or private or non-public school's transfer,
10 change of placement, or change of program or solely on
11 the ground that the respondent fails or refuses to
12 consent or otherwise does not take an action required
13 to effectuate a transfer, change of placement, or
14 change of program. When a court orders a respondent to
15 stay away from the public, private, or non-public
16 school attended by the petitioner and the respondent
17 requests a transfer to another attendance center
18 within the respondent's school district or private or
19 non-public school, the school district or private or
20 non-public school shall have sole discretion to
21 determine the attendance center to which the
22 respondent is transferred. If the court order results
23 in a transfer of the minor respondent to another
24 attendance center, a change in the respondent's
25 placement, or a change of the respondent's program, the
26 parents, guardian, or legal custodian of the

HB4411- 216 -LRB101 19800 RLC 69311 b
1 respondent is responsible for transportation and other
2 costs associated with the transfer or change.
3 (C) The court may order the parents, guardian, or
4 legal custodian of a minor respondent to take certain
5 actions or to refrain from taking certain actions to
6 ensure that the respondent complies with the order. If
7 the court orders a transfer of the respondent to
8 another school, the parents, guardian, or legal
9 custodian of the respondent is responsible for
10 transportation and other costs associated with the
11 change of school by the respondent.
12 (4) Counseling. Require or recommend the respondent to
13 undergo counseling for a specified duration with a social
14 worker, psychologist, clinical psychologist, psychiatrist,
15 family service agency, alcohol or substance abuse program,
16 mental health center guidance counselor, agency providing
17 services to elders, program designed for domestic violence
18 abusers, or any other guidance service the court deems
19 appropriate. The court may order the respondent in any
20 intimate partner relationship to report to an Illinois
21 Department of Human Services protocol approved partner
22 abuse intervention program for an assessment and to follow
23 all recommended treatment.
24 (5) Physical care and possession of the minor child. In
25 order to protect the minor child from abuse, neglect, or
26 unwarranted separation from the person who has been the

HB4411- 217 -LRB101 19800 RLC 69311 b
1 minor child's primary caretaker, or to otherwise protect
2 the well-being of the minor child, the court may do either
3 or both of the following: (i) grant petitioner physical
4 care or possession of the minor child, or both, or (ii)
5 order respondent to return a minor child to, or not remove
6 a minor child from, the physical care of a parent or person
7 in loco parentis.
8 If the respondent is charged with abuse (as defined in
9 Section 112A-3 of this Code) of a minor child, there shall
10 be a rebuttable presumption that awarding physical care to
11 respondent would not be in the minor child's best interest.
12 (6) Temporary allocation of parental responsibilities
13 and significant decision-making responsibilities. Award
14 temporary significant decision-making responsibility to
15 petitioner in accordance with this Section, the Illinois
16 Marriage and Dissolution of Marriage Act, the Illinois
17 Parentage Act of 2015, and this State's Uniform
18 Child-Custody Jurisdiction and Enforcement Act.
19 If the respondent is charged with abuse (as defined in
20 Section 112A-3 of this Code) of a minor child, there shall
21 be a rebuttable presumption that awarding temporary
22 significant decision-making responsibility to respondent
23 would not be in the child's best interest.
24 (7) Parenting time. Determine the parenting time, if
25 any, of respondent in any case in which the court awards
26 physical care or temporary significant decision-making

HB4411- 218 -LRB101 19800 RLC 69311 b
1 responsibility of a minor child to petitioner. The court
2 shall restrict or deny respondent's parenting time with a
3 minor child if the court finds that respondent has done or
4 is likely to do any of the following:
5 (i) abuse or endanger the minor child during
6 parenting time;
7 (ii) use the parenting time as an opportunity to
8 abuse or harass petitioner or petitioner's family or
9 household members;
10 (iii) improperly conceal or detain the minor
11 child; or
12 (iv) otherwise act in a manner that is not in the
13 best interests of the minor child.
14 The court shall not be limited by the standards set
15 forth in Section 603.10 of the Illinois Marriage and
16 Dissolution of Marriage Act. If the court grants parenting
17 time, the order shall specify dates and times for the
18 parenting time to take place or other specific parameters
19 or conditions that are appropriate. No order for parenting
20 time shall refer merely to the term "reasonable parenting
21 time". Petitioner may deny respondent access to the minor
22 child if, when respondent arrives for parenting time,
23 respondent is under the influence of drugs or alcohol and
24 constitutes a threat to the safety and well-being of
25 petitioner or petitioner's minor children or is behaving in
26 a violent or abusive manner. If necessary to protect any

HB4411- 219 -LRB101 19800 RLC 69311 b
1 member of petitioner's family or household from future
2 abuse, respondent shall be prohibited from coming to
3 petitioner's residence to meet the minor child for
4 parenting time, and the petitioner and respondent shall
5 submit to the court their recommendations for reasonable
6 alternative arrangements for parenting time. A person may
7 be approved to supervise parenting time only after filing
8 an affidavit accepting that responsibility and
9 acknowledging accountability to the court.
10 (8) Removal or concealment of minor child. Prohibit
11 respondent from removing a minor child from the State or
12 concealing the child within the State.
13 (9) Order to appear. Order the respondent to appear in
14 court, alone or with a minor child, to prevent abuse,
15 neglect, removal or concealment of the child, to return the
16 child to the custody or care of the petitioner, or to
17 permit any court-ordered interview or examination of the
18 child or the respondent.
19 (10) Possession of personal property. Grant petitioner
20 exclusive possession of personal property and, if
21 respondent has possession or control, direct respondent to
22 promptly make it available to petitioner, if:
23 (i) petitioner, but not respondent, owns the
24 property; or
25 (ii) the petitioner and respondent own the
26 property jointly; sharing it would risk abuse of

HB4411- 220 -LRB101 19800 RLC 69311 b
1 petitioner by respondent or is impracticable; and the
2 balance of hardships favors temporary possession by
3 petitioner.
4 If petitioner's sole claim to ownership of the property
5 is that it is marital property, the court may award
6 petitioner temporary possession thereof under the
7 standards of subparagraph (ii) of this paragraph only if a
8 proper proceeding has been filed under the Illinois
9 Marriage and Dissolution of Marriage Act, as now or
10 hereafter amended.
11 No order under this provision shall affect title to
12 property.
13 (11) Protection of property. Forbid the respondent
14 from taking, transferring, encumbering, concealing,
15 damaging, or otherwise disposing of any real or personal
16 property, except as explicitly authorized by the court, if:
17 (i) petitioner, but not respondent, owns the
18 property; or
19 (ii) the petitioner and respondent own the
20 property jointly, and the balance of hardships favors
21 granting this remedy.
22 If petitioner's sole claim to ownership of the property
23 is that it is marital property, the court may grant
24 petitioner relief under subparagraph (ii) of this
25 paragraph only if a proper proceeding has been filed under
26 the Illinois Marriage and Dissolution of Marriage Act, as

HB4411- 221 -LRB101 19800 RLC 69311 b
1 now or hereafter amended.
2 The court may further prohibit respondent from
3 improperly using the financial or other resources of an
4 aged member of the family or household for the profit or
5 advantage of respondent or of any other person.
6 (11.5) Protection of animals. Grant the petitioner the
7 exclusive care, custody, or control of any animal owned,
8 possessed, leased, kept, or held by either the petitioner
9 or the respondent or a minor child residing in the
10 residence or household of either the petitioner or the
11 respondent and order the respondent to stay away from the
12 animal and forbid the respondent from taking,
13 transferring, encumbering, concealing, harming, or
14 otherwise disposing of the animal.
15 (12) Order for payment of support. Order respondent to
16 pay temporary support for the petitioner or any child in
17 the petitioner's care or over whom the petitioner has been
18 allocated parental responsibility, when the respondent has
19 a legal obligation to support that person, in accordance
20 with the Illinois Marriage and Dissolution of Marriage Act,
21 which shall govern, among other matters, the amount of
22 support, payment through the clerk and withholding of
23 income to secure payment. An order for child support may be
24 granted to a petitioner with lawful physical care of a
25 child, or an order or agreement for physical care of a
26 child, prior to entry of an order allocating significant

HB4411- 222 -LRB101 19800 RLC 69311 b
1 decision-making responsibility. Such a support order shall
2 expire upon entry of a valid order allocating parental
3 responsibility differently and vacating petitioner's
4 significant decision-making responsibility unless
5 otherwise provided in the order.
6 (13) Order for payment of losses. Order respondent to
7 pay petitioner for losses suffered as a direct result of
8 the abuse. Such losses shall include, but not be limited
9 to, medical expenses, lost earnings or other support,
10 repair or replacement of property damaged or taken,
11 reasonable attorney's fees, court costs, and moving or
12 other travel expenses, including additional reasonable
13 expenses for temporary shelter and restaurant meals.
14 (i) Losses affecting family needs. If a party is
15 entitled to seek maintenance, child support, or
16 property distribution from the other party under the
17 Illinois Marriage and Dissolution of Marriage Act, as
18 now or hereafter amended, the court may order
19 respondent to reimburse petitioner's actual losses, to
20 the extent that such reimbursement would be
21 "appropriate temporary relief", as authorized by
22 subsection (a)(3) of Section 501 of that Act.
23 (ii) Recovery of expenses. In the case of an
24 improper concealment or removal of a minor child, the
25 court may order respondent to pay the reasonable
26 expenses incurred or to be incurred in the search for

HB4411- 223 -LRB101 19800 RLC 69311 b
1 and recovery of the minor child, including, but not
2 limited to, legal fees, court costs, private
3 investigator fees, and travel costs.
4 (14) Prohibition of entry. Prohibit the respondent
5 from entering or remaining in the residence or household
6 while the respondent is under the influence of alcohol or
7 drugs and constitutes a threat to the safety and well-being
8 of the petitioner or the petitioner's children.
9 (14.5) Prohibition of firearm possession.
10 (A) A person who is subject to an existing domestic
11 violence order of protection issued under this Code may
12 not lawfully possess firearms, stun guns, or tasers
13 weapons under Section 8.2 of the Firearm Owners
14 Identification Card Act.
15 (B) Any firearms in the possession of the
16 respondent, except as provided in subparagraph (C) of
17 this paragraph (14.5), shall be ordered by the court to
18 be turned over to a person who is not prohibited under
19 State or federal law from possessing firearms with a
20 valid Firearm Owner's Identification Card for
21 safekeeping. The court shall issue an order that the
22 respondent's Firearm Owner's Identification Card be
23 turned over to the local law enforcement agency, which
24 in turn shall immediately mail the card to the
25 Department of State Police Firearm Owner's
26 Identification Card Office for safekeeping. The period

HB4411- 224 -LRB101 19800 RLC 69311 b
1 of safekeeping shall be for the duration of the
2 domestic violence order of protection. The firearm or
3 firearms and Firearm Owner's Identification Card, if
4 unexpired, shall at the respondent's request be
5 returned to the respondent at expiration of the
6 domestic violence order of protection.
7 (C) If the respondent is a peace officer as defined
8 in Section 2-13 of the Criminal Code of 2012, the court
9 shall order that any firearms used by the respondent in
10 the performance of his or her duties as a peace officer
11 be surrendered to the chief law enforcement executive
12 of the agency in which the respondent is employed, who
13 shall retain the firearms for safekeeping for the
14 duration of the domestic violence order of protection.
15 (D) Upon expiration of the period of safekeeping,
16 if the firearms or Firearm Owner's Identification Card
17 cannot be returned to respondent because respondent
18 cannot be located, fails to respond to requests to
19 retrieve the firearms, or is not lawfully eligible to
20 possess a firearm, upon petition from the local law
21 enforcement agency, the court may order the local law
22 enforcement agency to destroy the firearms, use the
23 firearms for training purposes, or for any other
24 application as deemed appropriate by the local law
25 enforcement agency; or that the firearms be turned over
26 to a third party who is lawfully eligible to possess

HB4411- 225 -LRB101 19800 RLC 69311 b
1 firearms, and who does not reside with respondent.
2 (15) Prohibition of access to records. If a domestic
3 violence order of protection prohibits respondent from
4 having contact with the minor child, or if petitioner's
5 address is omitted under subsection (b) of Section 112A-5
6 of this Code, or if necessary to prevent abuse or wrongful
7 removal or concealment of a minor child, the order shall
8 deny respondent access to, and prohibit respondent from
9 inspecting, obtaining, or attempting to inspect or obtain,
10 school or any other records of the minor child who is in
11 the care of petitioner.
12 (16) Order for payment of shelter services. Order
13 respondent to reimburse a shelter providing temporary
14 housing and counseling services to the petitioner for the
15 cost of the services, as certified by the shelter and
16 deemed reasonable by the court.
17 (17) Order for injunctive relief. Enter injunctive
18 relief necessary or appropriate to prevent further abuse of
19 a family or household member or to effectuate one of the
20 granted remedies, if supported by the balance of hardships.
21 If the harm to be prevented by the injunction is abuse or
22 any other harm that one of the remedies listed in
23 paragraphs (1) through (16) of this subsection is designed
24 to prevent, no further evidence is necessary to establish
25 that the harm is an irreparable injury.
26 (18) Telephone services.

HB4411- 226 -LRB101 19800 RLC 69311 b
1 (A) Unless a condition described in subparagraph
2 (B) of this paragraph exists, the court may, upon
3 request by the petitioner, order a wireless telephone
4 service provider to transfer to the petitioner the
5 right to continue to use a telephone number or numbers
6 indicated by the petitioner and the financial
7 responsibility associated with the number or numbers,
8 as set forth in subparagraph (C) of this paragraph. In
9 this paragraph (18), the term "wireless telephone
10 service provider" means a provider of commercial
11 mobile service as defined in 47 U.S.C. 332. The
12 petitioner may request the transfer of each telephone
13 number that the petitioner, or a minor child in his or
14 her custody, uses. The clerk of the court shall serve
15 the order on the wireless telephone service provider's
16 agent for service of process provided to the Illinois
17 Commerce Commission. The order shall contain all of the
18 following:
19 (i) The name and billing telephone number of
20 the account holder including the name of the
21 wireless telephone service provider that serves
22 the account.
23 (ii) Each telephone number that will be
24 transferred.
25 (iii) A statement that the provider transfers
26 to the petitioner all financial responsibility for

HB4411- 227 -LRB101 19800 RLC 69311 b
1 and right to the use of any telephone number
2 transferred under this paragraph.
3 (B) A wireless telephone service provider shall
4 terminate the respondent's use of, and shall transfer
5 to the petitioner use of, the telephone number or
6 numbers indicated in subparagraph (A) of this
7 paragraph unless it notifies the petitioner, within 72
8 hours after it receives the order, that one of the
9 following applies:
10 (i) The account holder named in the order has
11 terminated the account.
12 (ii) A difference in network technology would
13 prevent or impair the functionality of a device on
14 a network if the transfer occurs.
15 (iii) The transfer would cause a geographic or
16 other limitation on network or service provision
17 to the petitioner.
18 (iv) Another technological or operational
19 issue would prevent or impair the use of the
20 telephone number if the transfer occurs.
21 (C) The petitioner assumes all financial
22 responsibility for and right to the use of any
23 telephone number transferred under this paragraph. In
24 this paragraph, "financial responsibility" includes
25 monthly service costs and costs associated with any
26 mobile device associated with the number.

HB4411- 228 -LRB101 19800 RLC 69311 b
1 (D) A wireless telephone service provider may
2 apply to the petitioner its routine and customary
3 requirements for establishing an account or
4 transferring a number, including requiring the
5 petitioner to provide proof of identification,
6 financial information, and customer preferences.
7 (E) Except for willful or wanton misconduct, a
8 wireless telephone service provider is immune from
9 civil liability for its actions taken in compliance
10 with a court order issued under this paragraph.
11 (F) All wireless service providers that provide
12 services to residential customers shall provide to the
13 Illinois Commerce Commission the name and address of an
14 agent for service of orders entered under this
15 paragraph (18). Any change in status of the registered
16 agent must be reported to the Illinois Commerce
17 Commission within 30 days of such change.
18 (G) The Illinois Commerce Commission shall
19 maintain the list of registered agents for service for
20 each wireless telephone service provider on the
21 Commission's website. The Commission may consult with
22 wireless telephone service providers and the Circuit
23 Court Clerks on the manner in which this information is
24 provided and displayed.
25 (c) Relevant factors; findings.
26 (1) In determining whether to grant a specific remedy,

HB4411- 229 -LRB101 19800 RLC 69311 b
1 other than payment of support, the court shall consider
2 relevant factors, including, but not limited to, the
3 following:
4 (i) the nature, frequency, severity, pattern, and
5 consequences of the respondent's past abuse of the
6 petitioner or any family or household member,
7 including the concealment of his or her location in
8 order to evade service of process or notice, and the
9 likelihood of danger of future abuse to petitioner or
10 any member of petitioner's or respondent's family or
11 household; and
12 (ii) the danger that any minor child will be abused
13 or neglected or improperly relocated from the
14 jurisdiction, improperly concealed within the State,
15 or improperly separated from the child's primary
16 caretaker.
17 (2) In comparing relative hardships resulting to the
18 parties from loss of possession of the family home, the
19 court shall consider relevant factors, including, but not
20 limited to, the following:
21 (i) availability, accessibility, cost, safety,
22 adequacy, location, and other characteristics of
23 alternate housing for each party and any minor child or
24 dependent adult in the party's care;
25 (ii) the effect on the party's employment; and
26 (iii) the effect on the relationship of the party,

HB4411- 230 -LRB101 19800 RLC 69311 b
1 and any minor child or dependent adult in the party's
2 care, to family, school, church, and community.
3 (3) Subject to the exceptions set forth in paragraph
4 (4) of this subsection (c), the court shall make its
5 findings in an official record or in writing, and shall at
6 a minimum set forth the following:
7 (i) That the court has considered the applicable
8 relevant factors described in paragraphs (1) and (2) of
9 this subsection (c).
10 (ii) Whether the conduct or actions of respondent,
11 unless prohibited, will likely cause irreparable harm
12 or continued abuse.
13 (iii) Whether it is necessary to grant the
14 requested relief in order to protect petitioner or
15 other alleged abused persons.
16 (4) (Blank).
17 (5) Never married parties. No rights or
18 responsibilities for a minor child born outside of marriage
19 attach to a putative father until a father and child
20 relationship has been established under the Illinois
21 Parentage Act of 1984, the Illinois Parentage Act of 2015,
22 the Illinois Public Aid Code, Section 12 of the Vital
23 Records Act, the Juvenile Court Act of 1987, the Probate
24 Act of 1975, the Uniform Interstate Family Support Act, the
25 Expedited Child Support Act of 1990, any judicial,
26 administrative, or other act of another state or territory,

HB4411- 231 -LRB101 19800 RLC 69311 b
1 any other statute of this State, or by any foreign nation
2 establishing the father and child relationship, any other
3 proceeding substantially in conformity with the federal
4 Personal Responsibility and Work Opportunity
5 Reconciliation Act of 1996, or when both parties appeared
6 in open court or at an administrative hearing acknowledging
7 under oath or admitting by affirmation the existence of a
8 father and child relationship. Absent such an
9 adjudication, no putative father shall be granted
10 temporary allocation of parental responsibilities,
11 including parenting time with the minor child, or physical
12 care and possession of the minor child, nor shall an order
13 of payment for support of the minor child be entered.
14 (d) Balance of hardships; findings. If the court finds that
15the balance of hardships does not support the granting of a
16remedy governed by paragraph (2), (3), (10), (11), or (16) of
17subsection (b) of this Section, which may require such
18balancing, the court's findings shall so indicate and shall
19include a finding as to whether granting the remedy will result
20in hardship to respondent that would substantially outweigh the
21hardship to petitioner from denial of the remedy. The findings
22shall be an official record or in writing.
23 (e) Denial of remedies. Denial of any remedy shall not be
24based, in whole or in part, on evidence that:
25 (1) respondent has cause for any use of force, unless
26 that cause satisfies the standards for justifiable use of

HB4411- 232 -LRB101 19800 RLC 69311 b
1 force provided by Article 7 of the Criminal Code of 2012;
2 (2) respondent was voluntarily intoxicated;
3 (3) petitioner acted in self-defense or defense of
4 another, provided that, if petitioner utilized force, such
5 force was justifiable under Article 7 of the Criminal Code
6 of 2012;
7 (4) petitioner did not act in self-defense or defense
8 of another;
9 (5) petitioner left the residence or household to avoid
10 further abuse by respondent;
11 (6) petitioner did not leave the residence or household
12 to avoid further abuse by respondent; or </