Bill Text: IL HB4530 | 2021-2022 | 102nd General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2022-02-22 - Added Co-Sponsor Rep. Thomas M. Bennett [HB4530 Detail]

Download: Illinois-2021-HB4530-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4530 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
See Index
Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.
LRB102 21798 RLC 30918 b
A BILL FOR
HB4530 LRB102 21798 RLC 30918 b
AN ACT concerning firearms.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.

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

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

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

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

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

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

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

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

HB4530 - 26 - LRB102 21798 RLC 30918 b
Officers' Disciplinary Act.
(Source: P.A. 102-352, eff. 6-1-22.)
Section 10. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by changing
Sections 2605-10, 2605-45, 2605-200, and 2605-595 as follows:
(20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
Sec. 2605-10. Powers and duties, generally.
(a) The Illinois State Police shall exercise the rights,
powers, and duties that have been vested in the Illinois State
Police by the following:
The Illinois State Police Act.
The Illinois State Police Radio Act.
The Criminal Identification Act.
The Illinois Vehicle Code.
The Firearm Owners Identification Card Act.
The Firearm Concealed Carry Act.
The Gun Dealer Licensing Act.
The Intergovernmental Missing Child Recovery Act of 1984.
The Intergovernmental Drug Laws Enforcement Act.
The Narcotic Control Division Abolition Act.
(b) The Illinois State Police shall have the powers and
duties set forth in the following Sections.
(Source: P.A. 102-538, eff. 8-20-21.)

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

HB4530 - 28 - LRB102 21798 RLC 30918 b
the Illinois State Police by the Cannabis Regulation and
Tax Act and the Compassionate Use of Medical Cannabis
Program Act.
(6) (Blank).
(6.5) (Blank). Exercise the rights, powers, and duties
vested in the Illinois State Police by the Firearm Owners
Identification Card Act, the Firearm Concealed Carry Act,
and the Firearm Dealer License Certification Act.
(7) Exercise other duties that may be assigned by the
Director to fulfill the responsibilities and achieve the
purposes of the Illinois State Police.
(8) Exercise the rights, powers, and duties vested by
law in the Illinois State Police by the Criminal
Identification Act.
(9) Exercise the powers and perform the duties that
have been vested in the Illinois State Police by the Sex
Offender Registration Act and the Sex Offender Community
Notification Law and adopt reasonable rules necessitated
thereby.
(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
(20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
Sec. 2605-200. Investigations of crime; enforcement of
laws; records; crime laboratories; personnel.
(a) To do the following:
(1) Investigate the origins, activities, personnel,

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

HB4530 - 30 - LRB102 21798 RLC 30918 b
(8) Be a central repository for criminal history
record information.
(9) Procure and file for record information that is
necessary and helpful to plan programs of crime
prevention, law enforcement, and criminal justice.
(10) Procure and file for record copies of
fingerprints that may be required by law.
(11) Establish general and field crime laboratories.
(12) (Blank). Register and file for record information
that may be required by law for the issuance of firearm
owner's identification cards under the Firearm Owners
Identification Card Act and concealed carry licenses under
the Firearm Concealed Carry Act.
(13) Employ laboratory technicians and other specially
qualified persons to aid in the identification of criminal
activity and the identification, collection, and recovery
of cyber forensics, including but not limited to digital
evidence, and may employ polygraph operators.
(14) Undertake other identification, information,
laboratory, statistical, or registration activities that
may be required by law.
(b) Persons exercising the powers set forth in subsection
(a) within the Illinois State Police are conservators of the
peace and as such have all the powers possessed by policemen in
cities and sheriffs, except that they may exercise those
powers anywhere in the State in cooperation with and after

HB4530 - 31 - LRB102 21798 RLC 30918 b
contact with the local law enforcement officials. Those
persons may use false or fictitious names in the performance
of their duties under this Section, upon approval of the
Director, and shall not be subject to prosecution under the
criminal laws for that use.
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 2605/2605-595)
Sec. 2605-595. State Police Firearm Services Fund.
(a) There is created in the State treasury a special fund
known as the State Police Firearm Services Fund. The Fund
shall receive revenue under the Firearm Concealed Carry Act
and , the Firearm Dealer License Certification Act, and
Section 5 of the Firearm Owners Identification Card Act. The
Fund may also receive revenue from grants, pass-through
grants, donations, appropriations, and any other legal source.
(a-5) Notwithstanding any other provision of law to the
contrary, and in addition to any other transfers that may be
provided by law, on the effective date of this amendatory Act
of the 102nd General Assembly, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the remaining balance from the
Firearm Dealer License Certification Fund into the State
Police Firearm Services Fund. Upon completion of the transfer,
the Firearm Dealer License Certification Fund is dissolved,
and any future deposits due to that Fund and any outstanding

HB4530 - 32 - LRB102 21798 RLC 30918 b
obligations or liabilities of that Fund shall pass to the
State Police Firearm Services Fund.
(b) The Illinois State Police may use moneys in the Fund to
finance any of its lawful purposes, mandates, functions, and
duties under the Firearm Owners Identification Card Act, the
Firearm Dealer License Certification Act, and the Firearm
Concealed Carry Act, including the cost of sending notices of
expiration of Firearm Owner's Identification Cards, concealed
carry licenses, the prompt and efficient processing of
applications under the Firearm Owners Identification Card Act
and the Firearm Concealed Carry Act, the improved efficiency
and reporting of the LEADS and federal NICS law enforcement
data systems, and support for investigations required under
these Acts and law. Any surplus funds beyond what is needed to
comply with the aforementioned purposes shall be used by the
Illinois State Police to improve the Law Enforcement Agencies
Data System (LEADS) and criminal history background check
system.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
(20 ILCS 2605/2605-120 rep.)
(20 ILCS 2605/2605-304 rep.)
Section 15. The Department of State Police Law of the

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

HB4530 - 34 - LRB102 21798 RLC 30918 b
Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 21. The Illinois Criminal Justice Information Act
is amended by changing Section 7.9 as follows:
(20 ILCS 3930/7.9)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on July 1, 2027)
Sec. 7.9. Firearm Prohibitors and Records Improvement Task
Force.
(a) As used in this Section, "firearms prohibitor" means
any factor listed in Section 4 of the Firearm Owners
Identification Card Act or Section 24-3 or 24-3.1 of the
Criminal Code of 2012 that prohibits a person from
transferring or possessing a firearm, firearm ammunition,
Firearm Owner's Identification Card, or concealed carry
license.
(b) The Firearm Prohibitors and Records Improvement Task
Force is created to identify and research all available
grants, resources, and revenue that may be applied for and
used by all entities responsible for reporting federal and
State firearm prohibitors to the Illinois State Police and the
National Instant Criminal Background Check System. These Under
the Firearm Owners Identification Card Act, these reporting

HB4530 - 35 - LRB102 21798 RLC 30918 b
entities include, but are not limited to, hospitals, courts,
law enforcement and corrections. The Task Force shall identify
weaknesses in reporting and recommend a strategy to direct
resources and revenue to ensuring reporting is reliable,
accurate, and timely. The Task Force shall inventory all
statutorily mandated firearm and gun violence related data
collection and reporting requirements, along with the agency
responsible for collecting that data, and identify gaps in
those requirements. The Task Force shall submit a coordinated
application with and through the Illinois Criminal Justice
Information Authority for federal funds from the National
Criminal History Improvement Program and the NICS Acts Record
Improvement Program. The Firearm Prohibitors and Records
Improvement Task Force shall be comprised of the following
members, all of whom shall serve without compensation:
(1) the Executive Director of the Illinois Criminal
Justice Information Authority, who shall serve as Chair;
(2) the Director of the Illinois State Police, or his
or her designee;
(3) the Secretary of Human Services, or his or her
designee;
(4) the Director of Corrections, or his or her
designee;
(5) the Attorney General, or his or her designee;
(6) the Director of the Administrative Office of the
Illinois Courts, or his or her designee;

HB4530 - 36 - LRB102 21798 RLC 30918 b
(7) a representative of an association representing
circuit clerks appointed by the President of the Senate;
(8) a representative of an association representing
sheriffs appointed by the House Minority Leader;
(9) a representative of an association representing
State's Attorneys appointed by the House Minority Leader;
(10) a representative of an association representing
chiefs of police appointed by the Senate Minority Leader;
(11) a representative of an association representing
hospitals appointed by the Speaker of the House of
Representatives;
(12) a representative of an association representing
counties appointed by the President of the Senate; and
(13) a representative of an association representing
municipalities appointed by the Speaker of the House of
Representatives.
(c) The Illinois Criminal Justice Information Authority
shall provide administrative and other support to the Task
Force. The Illinois State Police Division of Justice Services
shall also provide support to the Illinois Criminal Justice
Information Authority and the Task Force.
(d) The Task Force may meet in person or virtually and
shall issue a written report of its findings and
recommendations to General Assembly on or before July 1, 2022.
The Task Force shall issue an annual report, which shall
include information on the state of FOID data, including a

HB4530 - 37 - LRB102 21798 RLC 30918 b
review of previous activity by the Task Force to close
previously identified gaps; identifying known (or new) gaps; a
proposal of policy and practice recommendations to close those
gaps; and a preview of expected activities of the Task Force
for the coming year.
(e) Within 60 days of the effective date of this
amendatory Act of the 102nd General Assembly, the Chair shall
establish the Task Force.
(f) This Section is repealed on July 1, 2027.
(Source: P.A. 102-237, eff. 1-1-22.)
Section 25. The State Finance Act is amended by changing
Section 6z-99 as follows:
(30 ILCS 105/6z-99)
Sec. 6z-99. The Mental Health Reporting Fund.
(a) There is created in the State treasury a special fund
known as the Mental Health Reporting Fund. The Fund shall
receive revenue under the Firearm Concealed Carry Act. The
Fund may also receive revenue from grants, pass-through
grants, donations, appropriations, and any other legal source.
(b) The Illinois State Police and Department of Human
Services shall coordinate to use moneys in the Fund to finance
their respective duties of collecting and reporting data on
mental health records and ensuring that mental health firearm
possession prohibitors are enforced as set forth under the

HB4530 - 38 - LRB102 21798 RLC 30918 b
Firearm Concealed Carry Act and the Firearm Owners
Identification Card Act. Any surplus in the Fund beyond what
is necessary to ensure compliance with mental health reporting
under that Act these Acts shall be used by the Department of
Human Services for mental health treatment programs as
follows: (1) 50% shall be used to fund community-based mental
health programs aimed at reducing gun violence, community
integration and education, or mental health awareness and
prevention, including administrative costs; and (2) 50% shall
be used to award grants that use and promote the National
School Mental Health Curriculum model for school-based mental
health support, integration, and services.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-26-21.)
Section 26. The Intergovernmental Drug Laws Enforcement
Act is amended by changing Section 3 as follows:
(30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
Sec. 3. A Metropolitan Enforcement Group which meets the
minimum criteria established in this Section is eligible to
receive State grants to help defray the costs of operation. To
be eligible a MEG must:

HB4530 - 39 - LRB102 21798 RLC 30918 b
(1) Be established and operating pursuant to
intergovernmental contracts written and executed in
conformity with the Intergovernmental Cooperation Act, and
involve 2 or more units of local government.
(2) Establish a MEG Policy Board composed of an
elected official, or his designee, and the chief law
enforcement officer, or his designee, from each
participating unit of local government to oversee the
operations of the MEG and make such reports to the
Illinois State Police as the Illinois State Police may
require.
(3) Designate a single appropriate elected official of
a participating unit of local government to act as the
financial officer of the MEG for all participating units
of local government and to receive funds for the operation
of the MEG.
(4) Limit its operations to enforcement of drug laws;
enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,
24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,
24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code
of 2012; Sections 2, 3, 6.1, 14 of the Firearm Owners
Identification Card Act; and the investigation of
streetgang related offenses.
(5) Cooperate with the Illinois State Police in order
to assure compliance with this Act and to enable the

HB4530 - 40 - LRB102 21798 RLC 30918 b
Illinois State Police to fulfill its duties under this
Act, and supply the Illinois State Police with all
information the Illinois State Police deems necessary
therefor.
(6) Receive funding of at least 50% of the total
operating budget of the MEG from the participating units
of local government.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-6-21.)
Section 30. The Peace Officer Firearm Training Act is
amended by changing Section 1 as follows:
(50 ILCS 710/1) (from Ch. 85, par. 515)
Sec. 1. Definitions. As used in this Act:
(a) "Peace officer" means (i) any person who by virtue of
his office or public employment is vested by law with a primary
duty to maintain public order or to make arrests for offenses,
whether that duty extends to all offenses or is limited to
specific offenses, and who is employed in such capacity by any
county or municipality or (ii) any retired law enforcement
officers qualified under federal law to carry a concealed
weapon.
(a-5) "Probation officer" means a county probation officer
authorized by the Chief Judge of the Circuit Court to carry a
firearm as part of his or her duties under Section 12 of the

HB4530 - 41 - LRB102 21798 RLC 30918 b
Probation and Probation Officers Act and Section 24-2 of the
Criminal Code of 2012.
(b) "Firearms" means any weapon or device defined as a
firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
"An Act relating to the acquisition, possession and transfer
of firearms and firearm ammunition, to provide a penalty for
the violation thereof and to make an appropriation in
connection therewith", approved August 3, 1967, as amended.
(Source: P.A. 98-725, eff. 1-1-15.)
Section 35. The School Code is amended by changing
Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
(Text of Section before amendment by P.A. 102-466)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, pursuant to subsection (b-20)
of this Section, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
have been requested to appear at a meeting of the board, or
with a hearing officer appointed by it, to discuss their
child's behavior. Such request shall be made by registered or
certified mail and shall state the time, place and purpose of

HB4530 - 42 - LRB102 21798 RLC 30918 b
the meeting. The board, or a hearing officer appointed by it,
at such meeting shall state the reasons for dismissal and the
date on which the expulsion is to become effective. If a
hearing officer is appointed by the board, he shall report to
the board a written summary of the evidence heard at the
meeting and the board may take such action thereon as it finds
appropriate. If the board acts to expel a pupil, the written
expulsion decision shall detail the specific reasons why
removing the pupil from the learning environment is in the
best interest of the school. The expulsion decision shall also
include a rationale as to the specific duration of the
expulsion. An expelled pupil may be immediately transferred to
an alternative program in the manner provided in Article 13A
or 13B of this Code. A pupil must not be denied transfer
because of the expulsion, except in cases in which such
transfer is deemed to cause a threat to the safety of students
or staff in the alternative program.
(b) To suspend or by policy to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of gross disobedience or misconduct, or to suspend
pupils guilty of gross disobedience or misconduct on the
school bus from riding the school bus, pursuant to subsections
(b-15) and (b-20) of this Section, and no action shall lie
against them for such suspension. The board may by policy
authorize the superintendent of the district or the principal,

HB4530 - 43 - LRB102 21798 RLC 30918 b
assistant principal, or dean of students of any school to
suspend pupils guilty of such acts for a period not to exceed
10 school days. If a pupil is suspended due to gross
disobedience or misconduct on a school bus, the board may
suspend the pupil in excess of 10 school days for safety
reasons.
Any suspension shall be reported immediately to the
parents or guardian of a pupil along with a full statement of
the reasons for such suspension and a notice of their right to
a review. The school board must be given a summary of the
notice, including the reason for the suspension and the
suspension length. Upon request of the parents or guardian,
the school board or a hearing officer appointed by it shall
review such action of the superintendent or principal,
assistant principal, or dean of students. At such review, the
parents or guardian of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a hearing
officer is appointed by the board, he shall report to the board
a written summary of the evidence heard at the meeting. After
its hearing or upon receipt of the written report of its
hearing officer, the board may take such action as it finds
appropriate. If a student is suspended pursuant to this
subsection (b), the board shall, in the written suspension
decision, detail the specific act of gross disobedience or
misconduct resulting in the decision to suspend. The
suspension decision shall also include a rationale as to the

HB4530 - 44 - LRB102 21798 RLC 30918 b
specific duration of the suspension. A pupil who is suspended
in excess of 20 school days may be immediately transferred to
an alternative program in the manner provided in Article 13A
or 13B of this Code. A pupil must not be denied transfer
because of the suspension, except in cases in which such
transfer is deemed to cause a threat to the safety of students
or staff in the alternative program.
(b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school
exclusions, such as out-of-school suspensions and expulsions,
are the most serious. School officials shall limit the number
and duration of expulsions and suspensions to the greatest
extent practicable, and it is recommended that they use them
only for legitimate educational purposes. To ensure that
students are not excluded from school unnecessarily, it is
recommended that school officials consider forms of
non-exclusionary discipline prior to using out-of-school
suspensions or expulsions.
(b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies
by which school administrators are required to suspend or
expel students for particular behaviors.
(b-15) Out-of-school suspensions of 3 days or less may be
used only if the student's continuing presence in school would
pose a threat to school safety or a disruption to other
students' learning opportunities. For purposes of this

HB4530 - 45 - LRB102 21798 RLC 30918 b
subsection (b-15), "threat to school safety or a disruption to
other students' learning opportunities" shall be determined on
a case-by-case basis by the school board or its designee.
School officials shall make all reasonable efforts to resolve
such threats, address such disruptions, and minimize the
length of suspensions to the greatest extent practicable.
(b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days, expulsions,
and disciplinary removals to alternative schools may be used
only if other appropriate and available behavioral and
disciplinary interventions have been exhausted and the
student's continuing presence in school would either (i) pose
a threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of
this subsection (b-20), "threat to the safety of other
students, staff, or members of the school community" and
"substantially disrupt, impede, or interfere with the
operation of the school" shall be determined on a case-by-case
basis by school officials. For purposes of this subsection
(b-20), the determination of whether "appropriate and
available behavioral and disciplinary interventions have been
exhausted" shall be made by school officials. School officials
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of student
exclusions to the greatest extent practicable. Within the

HB4530 - 46 - LRB102 21798 RLC 30918 b
suspension decision described in subsection (b) of this
Section or the expulsion decision described in subsection (a)
of this Section, it shall be documented whether other
interventions were attempted or whether it was determined that
there were no other appropriate and available interventions.
(b-25) Students who are suspended out-of-school for longer
than 4 school days shall be provided appropriate and available
support services during the period of their suspension. For
purposes of this subsection (b-25), "appropriate and available
support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
this Section, it shall be documented whether such services are
to be provided or whether it was determined that there are no
such appropriate and available services.
A school district may refer students who are expelled to
appropriate and available support services.
A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
(b-30) A school district shall create a policy by which
suspended pupils, including those pupils suspended from the
school bus who do not have alternate transportation to school,
shall have the opportunity to make up work for equivalent
academic credit. It shall be the responsibility of a pupil's
parent or guardian to notify school officials that a pupil
suspended from the school bus does not have alternate

HB4530 - 47 - LRB102 21798 RLC 30918 b
transportation to school.
(c) A school board must invite a representative from a
local mental health agency to consult with the board at the
meeting whenever there is evidence that mental illness may be
the cause of a student's expulsion or suspension.
(c-5) School districts shall make reasonable efforts to
provide ongoing professional development to teachers,
administrators, school board members, school resource
officers, and staff on the adverse consequences of school
exclusion and justice-system involvement, effective classroom
management strategies, culturally responsive discipline, the
appropriate and available supportive services for the
promotion of student attendance and engagement, and
developmentally appropriate disciplinary methods that promote
positive and healthy school climates.
(d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a
case-by-case basis. A student who is determined to have
brought one of the following objects to school, any
school-sponsored activity or event, or any activity or event
that bears a reasonable relationship to school shall be
expelled for a period of not less than one year:
(1) A firearm. For the purposes of this Section,
"firearm" means any gun, rifle, shotgun, weapon as defined
by Section 921 of Title 18 of the United States Code,
firearm as defined in Section 2-7.5 1.1 of the Firearm

HB4530 - 48 - LRB102 21798 RLC 30918 b
Owners Identification Card Act, or firearm as defined in
Section 24-1 of the Criminal Code of 2012. The expulsion
period under this subdivision (1) may be modified by the
superintendent, and the superintendent's determination may
be modified by the board on a case-by-case basis.
(2) A knife, brass knuckles or other knuckle weapon
regardless of its composition, a billy club, or any other
object if used or attempted to be used to cause bodily
harm, including "look alikes" of any firearm as defined in
subdivision (1) of this subsection (d). The expulsion
requirement under this subdivision (2) may be modified by
the superintendent, and the superintendent's determination
may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code.
(d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case-by-case basis, if (i)
that student has been determined to have made an explicit

HB4530 - 49 - LRB102 21798 RLC 30918 b
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within
the school grounds at the time the threat was made, and (iii)
the threat could be reasonably interpreted as threatening to
the safety and security of the threatened individual because
of his or her duties or employment status or status as a
student inside the school.
(e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.

HB4530 - 50 - LRB102 21798 RLC 30918 b
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A
of this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program.
(h) School officials shall not advise or encourage
students to drop out voluntarily due to behavioral or academic
difficulties.
(i) A student may not be issued a monetary fine or fee as a
disciplinary consequence, though this shall not preclude
requiring a student to provide restitution for lost, stolen,
or damaged property.
(j) Subsections (a) through (i) of this Section shall

HB4530 - 51 - LRB102 21798 RLC 30918 b
apply to elementary and secondary schools, charter schools,
special charter districts, and school districts organized
under Article 34 of this Code.
(k) The expulsion of children enrolled in programs funded
under Section 1C-2 of this Code is subject to the requirements
under paragraph (7) of subsection (a) of Section 2-3.71 of
this Code.
(l) Beginning with the 2018-2019 school year, an in-school
suspension program provided by a school district for any
students in kindergarten through grade 12 may focus on
promoting non-violent conflict resolution and positive
interaction with other students and school personnel. A school
district may employ a school social worker or a licensed
mental health professional to oversee an in-school suspension
program in kindergarten through grade 12.
(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.)
(Text of Section after amendment by P.A. 102-466)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, pursuant to subsection (b-20)
of this Section, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
or guardians have been requested to appear at a meeting of the

HB4530 - 52 - LRB102 21798 RLC 30918 b
board, or with a hearing officer appointed by it, to discuss
their child's behavior. Such request shall be made by
registered or certified mail and shall state the time, place
and purpose of the meeting. The board, or a hearing officer
appointed by it, at such meeting shall state the reasons for
dismissal and the date on which the expulsion is to become
effective. If a hearing officer is appointed by the board, he
shall report to the board a written summary of the evidence
heard at the meeting and the board may take such action thereon
as it finds appropriate. If the board acts to expel a pupil,
the written expulsion decision shall detail the specific
reasons why removing the pupil from the learning environment
is in the best interest of the school. The expulsion decision
shall also include a rationale as to the specific duration of
the expulsion. An expelled pupil may be immediately
transferred to an alternative program in the manner provided
in Article 13A or 13B of this Code. A pupil must not be denied
transfer because of the expulsion, except in cases in which
such transfer is deemed to cause a threat to the safety of
students or staff in the alternative program.
(b) To suspend or by policy to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of gross disobedience or misconduct, or to suspend
pupils guilty of gross disobedience or misconduct on the
school bus from riding the school bus, pursuant to subsections

HB4530 - 53 - LRB102 21798 RLC 30918 b
(b-15) and (b-20) of this Section, and no action shall lie
against them for such suspension. The board may by policy
authorize the superintendent of the district or the principal,
assistant principal, or dean of students of any school to
suspend pupils guilty of such acts for a period not to exceed
10 school days. If a pupil is suspended due to gross
disobedience or misconduct on a school bus, the board may
suspend the pupil in excess of 10 school days for safety
reasons.
Any suspension shall be reported immediately to the
parents or guardians of a pupil along with a full statement of
the reasons for such suspension and a notice of their right to
a review. The school board must be given a summary of the
notice, including the reason for the suspension and the
suspension length. Upon request of the parents or guardians,
the school board or a hearing officer appointed by it shall
review such action of the superintendent or principal,
assistant principal, or dean of students. At such review, the
parents or guardians of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a hearing
officer is appointed by the board, he shall report to the board
a written summary of the evidence heard at the meeting. After
its hearing or upon receipt of the written report of its
hearing officer, the board may take such action as it finds
appropriate. If a student is suspended pursuant to this
subsection (b), the board shall, in the written suspension

HB4530 - 54 - LRB102 21798 RLC 30918 b
decision, detail the specific act of gross disobedience or
misconduct resulting in the decision to suspend. The
suspension decision shall also include a rationale as to the
specific duration of the suspension. A pupil who is suspended
in excess of 20 school days may be immediately transferred to
an alternative program in the manner provided in Article 13A
or 13B of this Code. A pupil must not be denied transfer
because of the suspension, except in cases in which such
transfer is deemed to cause a threat to the safety of students
or staff in the alternative program.
(b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school
exclusions, such as out-of-school suspensions and expulsions,
are the most serious. School officials shall limit the number
and duration of expulsions and suspensions to the greatest
extent practicable, and it is recommended that they use them
only for legitimate educational purposes. To ensure that
students are not excluded from school unnecessarily, it is
recommended that school officials consider forms of
non-exclusionary discipline prior to using out-of-school
suspensions or expulsions.
(b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies
by which school administrators are required to suspend or
expel students for particular behaviors.
(b-15) Out-of-school suspensions of 3 days or less may be

HB4530 - 55 - LRB102 21798 RLC 30918 b
used only if the student's continuing presence in school would
pose a threat to school safety or a disruption to other
students' learning opportunities. For purposes of this
subsection (b-15), "threat to school safety or a disruption to
other students' learning opportunities" shall be determined on
a case-by-case basis by the school board or its designee.
School officials shall make all reasonable efforts to resolve
such threats, address such disruptions, and minimize the
length of suspensions to the greatest extent practicable.
(b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days, expulsions,
and disciplinary removals to alternative schools may be used
only if other appropriate and available behavioral and
disciplinary interventions have been exhausted and the
student's continuing presence in school would either (i) pose
a threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of
this subsection (b-20), "threat to the safety of other
students, staff, or members of the school community" and
"substantially disrupt, impede, or interfere with the
operation of the school" shall be determined on a case-by-case
basis by school officials. For purposes of this subsection
(b-20), the determination of whether "appropriate and
available behavioral and disciplinary interventions have been
exhausted" shall be made by school officials. School officials

HB4530 - 56 - LRB102 21798 RLC 30918 b
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of student
exclusions to the greatest extent practicable. Within the
suspension decision described in subsection (b) of this
Section or the expulsion decision described in subsection (a)
of this Section, it shall be documented whether other
interventions were attempted or whether it was determined that
there were no other appropriate and available interventions.
(b-25) Students who are suspended out-of-school for longer
than 4 school days shall be provided appropriate and available
support services during the period of their suspension. For
purposes of this subsection (b-25), "appropriate and available
support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
this Section, it shall be documented whether such services are
to be provided or whether it was determined that there are no
such appropriate and available services.
A school district may refer students who are expelled to
appropriate and available support services.
A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
(b-30) A school district shall create a policy by which
suspended pupils, including those pupils suspended from the
school bus who do not have alternate transportation to school,
shall have the opportunity to make up work for equivalent

HB4530 - 57 - LRB102 21798 RLC 30918 b
academic credit. It shall be the responsibility of a pupil's
parents or guardians to notify school officials that a pupil
suspended from the school bus does not have alternate
transportation to school.
(b-35) In all suspension review hearings conducted under
subsection (b) or expulsion hearings conducted under
subsection (a), a student may disclose any factor to be
considered in mitigation, including his or her status as a
parent, expectant parent, or victim of domestic or sexual
violence, as defined in Article 26A. A representative of the
parent's or guardian's choice, or of the student's choice if
emancipated, must be permitted to represent the student
throughout the proceedings and to address the school board or
its appointed hearing officer. With the approval of the
student's parent or guardian, or of the student if
emancipated, a support person must be permitted to accompany
the student to any disciplinary hearings or proceedings. The
representative or support person must comply with any rules of
the school district's hearing process. If the representative
or support person violates the rules or engages in behavior or
advocacy that harasses, abuses, or intimidates either party, a
witness, or anyone else in attendance at the hearing, the
representative or support person may be prohibited from
further participation in the hearing or proceeding. A
suspension or expulsion proceeding under this subsection
(b-35) must be conducted independently from any ongoing

HB4530 - 58 - LRB102 21798 RLC 30918 b
criminal investigation or proceeding, and an absence of
pending or possible criminal charges, criminal investigations,
or proceedings may not be a factor in school disciplinary
decisions.
(b-40) During a suspension review hearing conducted under
subsection (b) or an expulsion hearing conducted under
subsection (a) that involves allegations of sexual violence by
the student who is subject to discipline, neither the student
nor his or her representative shall directly question nor have
direct contact with the alleged victim. The student who is
subject to discipline or his or her representative may, at the
discretion and direction of the school board or its appointed
hearing officer, suggest questions to be posed by the school
board or its appointed hearing officer to the alleged victim.
(c) A school board must invite a representative from a
local mental health agency to consult with the board at the
meeting whenever there is evidence that mental illness may be
the cause of a student's expulsion or suspension.
(c-5) School districts shall make reasonable efforts to
provide ongoing professional development to teachers,
administrators, school board members, school resource
officers, and staff on the adverse consequences of school
exclusion and justice-system involvement, effective classroom
management strategies, culturally responsive discipline, the
appropriate and available supportive services for the
promotion of student attendance and engagement, and

HB4530 - 59 - LRB102 21798 RLC 30918 b
developmentally appropriate disciplinary methods that promote
positive and healthy school climates.
(d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a
case-by-case basis. A student who is determined to have
brought one of the following objects to school, any
school-sponsored activity or event, or any activity or event
that bears a reasonable relationship to school shall be
expelled for a period of not less than one year:
(1) A firearm. For the purposes of this Section,
"firearm" means any gun, rifle, shotgun, weapon as defined
by Section 921 of Title 18 of the United States Code,
firearm as defined in Section 2-7.5 1.1 of the Firearm
Owners Identification Card Act, or firearm as defined in
Section 24-1 of the Criminal Code of 2012. The expulsion
period under this subdivision (1) may be modified by the
superintendent, and the superintendent's determination may
be modified by the board on a case-by-case basis.
(2) A knife, brass knuckles or other knuckle weapon
regardless of its composition, a billy club, or any other
object if used or attempted to be used to cause bodily
harm, including "look alikes" of any firearm as defined in
subdivision (1) of this subsection (d). The expulsion
requirement under this subdivision (2) may be modified by
the superintendent, and the superintendent's determination
may be modified by the board on a case-by-case basis.

HB4530 - 60 - LRB102 21798 RLC 30918 b
Expulsion or suspension shall be construed in a manner
consistent with the federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code.
(d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case-by-case basis, if (i)
that student has been determined to have made an explicit
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within
the school grounds at the time the threat was made, and (iii)
the threat could be reasonably interpreted as threatening to
the safety and security of the threatened individual because
of his or her duties or employment status or status as a
student inside the school.
(e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and

HB4530 - 61 - LRB102 21798 RLC 30918 b
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the
student must complete the entire term of the suspension or

HB4530 - 62 - LRB102 21798 RLC 30918 b
expulsion in an alternative school program under Article 13A
of this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program. A school district that
adopts a policy under this subsection (g) must include a
provision allowing for consideration of any mitigating
factors, including, but not limited to, a student's status as
a parent, expectant parent, or victim of domestic or sexual
violence, as defined in Article 26A.
(h) School officials shall not advise or encourage
students to drop out voluntarily due to behavioral or academic
difficulties.
(i) A student may not be issued a monetary fine or fee as a
disciplinary consequence, though this shall not preclude
requiring a student to provide restitution for lost, stolen,
or damaged property.
(j) Subsections (a) through (i) of this Section shall
apply to elementary and secondary schools, charter schools,
special charter districts, and school districts organized
under Article 34 of this Code.
(k) The expulsion of children enrolled in programs funded
under Section 1C-2 of this Code is subject to the requirements
under paragraph (7) of subsection (a) of Section 2-3.71 of
this Code.
(l) Beginning with the 2018-2019 school year, an in-school

HB4530 - 63 - LRB102 21798 RLC 30918 b
suspension program provided by a school district for any
students in kindergarten through grade 12 may focus on
promoting non-violent conflict resolution and positive
interaction with other students and school personnel. A school
district may employ a school social worker or a licensed
mental health professional to oversee an in-school suspension
program in kindergarten through grade 12.
(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
102-539, eff. 8-20-21; revised 9-23-21.)
(105 ILCS 5/10-27.1A)
Sec. 10-27.1A. Firearms in schools.
(a) All school officials, including teachers, school
counselors, and support staff, shall immediately notify the
office of the principal in the event that they observe any
person in possession of a firearm on school grounds; provided
that taking such immediate action to notify the office of the
principal would not immediately endanger the health, safety,
or welfare of students who are under the direct supervision of
the school official or the school official. If the health,
safety, or welfare of students under the direct supervision of
the school official or of the school official is immediately
endangered, the school official shall notify the office of the
principal as soon as the students under his or her supervision
and he or she are no longer under immediate danger. A report is
not required by this Section when the school official knows

HB4530 - 64 - LRB102 21798 RLC 30918 b
that the person in possession of the firearm is a law
enforcement official engaged in the conduct of his or her
official duties. Any school official acting in good faith who
makes such a report under this Section shall have immunity
from any civil or criminal liability that might otherwise be
incurred as a result of making the report. The identity of the
school official making such report shall not be disclosed
except as expressly and specifically authorized by law.
Knowingly and willfully failing to comply with this Section is
a petty offense. A second or subsequent offense is a Class C
misdemeanor.
(b) Upon receiving a report from any school official
pursuant to this Section, or from any other person, the
principal or his or her designee shall immediately notify a
local law enforcement agency. If the person found to be in
possession of a firearm on school grounds is a student, the
principal or his or her designee shall also immediately notify
that student's parent or guardian. Any principal or his or her
designee acting in good faith who makes such reports under
this Section shall have immunity from any civil or criminal
liability that might otherwise be incurred or imposed as a
result of making the reports. Knowingly and willfully failing
to comply with this Section is a petty offense. A second or
subsequent offense is a Class C misdemeanor. If the person
found to be in possession of the firearm on school grounds is a
minor, the law enforcement agency shall detain that minor

HB4530 - 65 - LRB102 21798 RLC 30918 b
until such time as the agency makes a determination pursuant
to clause (a) of subsection (1) of Section 5-401 of the
Juvenile Court Act of 1987, as to whether the agency
reasonably believes that the minor is delinquent. If the law
enforcement agency determines that probable cause exists to
believe that the minor committed a violation of item (4) of
subsection (a) of Section 24-1 of the Criminal Code of 2012
while on school grounds, the agency shall detain the minor for
processing pursuant to Section 5-407 of the Juvenile Court Act
of 1987.
(c) On or after January 1, 1997, upon receipt of any
written, electronic, or verbal report from any school
personnel regarding a verified incident involving a firearm in
a school or on school owned or leased property, including any
conveyance owned, leased, or used by the school for the
transport of students or school personnel, the superintendent
or his or her designee shall report all such firearm-related
incidents occurring in a school or on school property to the
local law enforcement authorities immediately and to the
Illinois State Police in a form, manner, and frequency as
prescribed by the Illinois State Police.
The State Board of Education shall receive an annual
statistical compilation and related data associated with
incidents involving firearms in schools from the Illinois
State Police. The State Board of Education shall compile this
information by school district and make it available to the

HB4530 - 66 - LRB102 21798 RLC 30918 b
public.
(d) As used in this Section, the term "firearm" shall have
the meaning ascribed to it in Section 2-7.5 of the Criminal
Code of 2012 1.1 of the Firearm Owners Identification Card
Act.
As used in this Section, the term "school" means any
public or private elementary or secondary school.
As used in this Section, the term "school grounds"
includes the real property comprising any school, any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school-related
activity, or any public way within 1,000 feet of the real
property comprising any school.
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
revised 10-6-21.)
(105 ILCS 5/34-8.05)
Sec. 34-8.05. Reporting firearms in schools. On or after
January 1, 1997, upon receipt of any written, electronic, or
verbal report from any school personnel regarding a verified
incident involving a firearm in a school or on school owned or
leased property, including any conveyance owned, leased, or
used by the school for the transport of students or school
personnel, the general superintendent or his or her designee
shall report all such firearm-related incidents occurring in a
school or on school property to the local law enforcement

HB4530 - 67 - LRB102 21798 RLC 30918 b
authorities no later than 24 hours after the occurrence of the
incident and to the Illinois State Police in a form, manner,
and frequency as prescribed by the Illinois State Police.
The State Board of Education shall receive an annual
statistical compilation and related data associated with
incidents involving firearms in schools from the Illinois
State Police. As used in this Section, the term "firearm"
shall have the meaning ascribed to it in Section 2-7.5 of the
Criminal Code of 2012 1.1 of the Firearm Owners Identification
Card Act.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 40. The Illinois Explosives Act is amended by
changing Section 2005 as follows:
(225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
Sec. 2005. Qualifications for licensure.
(a) No person shall qualify to hold a license who:
(1) is under 21 years of age;
(2) has been convicted in any court of a crime
punishable by imprisonment for a term exceeding one year;
(3) is under indictment for a crime punishable by
imprisonment for a term exceeding one year;
(4) is a fugitive from justice;
(5) is an unlawful user of or addicted to any
controlled substance as defined in Section 102 of the

HB4530 - 68 - LRB102 21798 RLC 30918 b
federal Controlled Substances Act (21 U.S.C. Sec. 802 et
seq.);
(6) has been adjudicated a person with a mental
disability as defined in Section 6-103.1 of the Mental
Health and Developmental Disabilities Code 1.1 of the
Firearm Owners Identification Card Act; or
(7) is not a legal citizen of the United States or
lawfully admitted for permanent residence.
(b) A person who has been granted a "relief from
disabilities" regarding criminal convictions and indictments,
pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
845) may receive a license provided all other qualifications
under this Act are met.
(Source: P.A. 101-541, eff. 8-23-19.)
Section 45. The Private Detective, Private Alarm, Private
Security, and Locksmith Act of 2004 is amended by changing
Sections 35-30 and 35-35 as follows:
(225 ILCS 447/35-30)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-30. Employee requirements. All employees of a
licensed agency, other than those exempted, shall apply for a
permanent employee registration card. The holder of an agency
license issued under this Act, known in this Section as
"employer", may employ in the conduct of his or her business

HB4530 - 69 - LRB102 21798 RLC 30918 b
employees under the following provisions:
(a) No person shall be issued a permanent employee
registration card who:
(1) Is younger than 18 years of age.
(2) Is younger than 21 years of age if the services
will include being armed.
(3) Has been determined by the Department to be unfit
by reason of conviction of an offense in this or another
state, including registration as a sex offender, but not
including a traffic offense. Persons convicted of felonies
involving bodily harm, weapons, violence, or theft within
the previous 10 years shall be presumed to be unfit for
registration. The Department shall adopt rules for making
those determinations that shall afford the applicant due
process of law.
(4) Has had a license or permanent employee
registration card denied, suspended, or revoked under this
Act (i) within one year before the date the person's
application for permanent employee registration card is
received by the Department; and (ii) that refusal, denial,
suspension, or revocation was based on any provision of
this Act other than Section 40-50, item (6) or (8) of
subsection (a) of Section 15-10, subsection (b) of Section
15-10, item (6) or (8) of subsection (a) of Section 20-10,
subsection (b) of Section 20-10, item (6) or (8) of
subsection (a) of Section 25-10, subsection (b) of Section

HB4530 - 70 - LRB102 21798 RLC 30918 b
25-10, item (7) of subsection (a) of Section 30-10,
subsection (b) of Section 30-10, or Section 10-40.
(5) Has been declared incompetent by any court of
competent jurisdiction by reason of mental disease or
defect and has not been restored.
(6) Has been dishonorably discharged from the armed
services of the United States.
(b) No person may be employed by a private detective
agency, private security contractor agency, private alarm
contractor agency, fingerprint vendor agency, or locksmith
agency under this Section until he or she has executed and
furnished to the employer, on forms furnished by the
Department, a verified statement to be known as "Employee's
Statement" setting forth:
(1) The person's full name, age, and residence
address.
(2) The business or occupation engaged in for the 5
years immediately before the date of the execution of the
statement, the place where the business or occupation was
engaged in, and the names of employers, if any.
(3) That the person has not had a license or employee
registration denied, revoked, or suspended under this Act
(i) within one year before the date the person's
application for permanent employee registration card is
received by the Department; and (ii) that refusal, denial,
suspension, or revocation was based on any provision of

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

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

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rule of the Department. Possession of a permanent employee
registration card does not in any way imply that the holder of
the card is employed by an agency unless the permanent
employee registration card is accompanied by the employee
identification card required by subsection (f) of this
Section.
(e) Each employer shall maintain a record of each employee
that is accessible to the duly authorized representatives of
the Department. The record shall contain the following
information:
(1) A photograph taken within 10 days of the date that
the employee begins employment with the employer. The
photograph shall be replaced with a current photograph
every 3 calendar years.
(2) The Employee's Statement specified in subsection
(b) of this Section.
(3) All correspondence or documents relating to the
character and integrity of the employee received by the
employer from any official source or law enforcement
agency.
(4) In the case of former employees, the employee
identification card of that person issued under subsection
(f) of this Section. Each employee record shall duly note
if the employee is employed in an armed capacity. Armed
employee files shall contain a copy of an active firearm
owner's identification card and a copy of an active

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firearm control card. Each employer shall maintain a
record for each armed employee of each instance in which
the employee's weapon was discharged during the course of
his or her professional duties or activities. The record
shall be maintained on forms provided by the Department, a
copy of which must be filed with the Department within 15
days of an instance. The record shall include the date and
time of the occurrence, the circumstances involved in the
occurrence, and any other information as the Department
may require. Failure to provide this information to the
Department or failure to maintain the record as a part of
each armed employee's permanent file is grounds for
disciplinary action. The Department, upon receipt of a
report, shall have the authority to make any investigation
it considers appropriate into any occurrence in which an
employee's weapon was discharged and to take disciplinary
action as may be appropriate.
(5) A copy of the employee's permanent employee
registration card or a copy of the Department's "License
Lookup" Webpage showing that the employee has been issued
a valid permanent employee registration card by the
Department.
The Department may, by rule, prescribe further record
requirements.
(f) Every employer shall furnish an employee
identification card to each of his or her employees. This

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employee identification card shall contain a recent photograph
of the employee, the employee's name, the name and agency
license number of the employer, the employee's personal
description, the signature of the employer, the signature of
that employee, the date of issuance, and an employee
identification card number.
(g) No employer may issue an employee identification card
to any person who is not employed by the employer in accordance
with this Section or falsely state or represent that a person
is or has been in his or her employ. It is unlawful for an
applicant for registered employment to file with the
Department the fingerprints of a person other than himself or
herself.
(h) Every employer shall obtain the identification card of
every employee who terminates employment with him or her.
(i) Every employer shall maintain a separate roster of the
names of all employees currently working in an armed capacity
and submit the roster to the Department on request.
(j) No agency may employ any person to perform a licensed
activity under this Act unless the person possesses a valid
permanent employee registration card or a valid license under
this Act, or is exempt pursuant to subsection (n).
(k) Notwithstanding the provisions of subsection (j), an
agency may employ a person in a temporary capacity if all of
the following conditions are met:
(1) The agency completes in its entirety and submits

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to the Department an application for a permanent employee
registration card, including the required fingerprint
receipt and fees.
(2) The agency has verification from the Department
that the applicant has no record of any criminal
conviction pursuant to the criminal history check
conducted by the Illinois State Police. The agency shall
maintain the verification of the results of the Illinois
State Police criminal history check as part of the
employee record as required under subsection (e) of this
Section.
(3) The agency exercises due diligence to ensure that
the person is qualified under the requirements of the Act
to be issued a permanent employee registration card.
(4) The agency maintains a separate roster of the
names of all employees whose applications are currently
pending with the Department and submits the roster to the
Department on a monthly basis. Rosters are to be
maintained by the agency for a period of at least 24
months.
An agency may employ only a permanent employee applicant
for which it either submitted a permanent employee application
and all required forms and fees or it confirms with the
Department that a permanent employee application and all
required forms and fees have been submitted by another agency,
licensee or the permanent employee and all other requirements

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of this Section are met.
The Department shall have the authority to revoke, without
a hearing, the temporary authority of an individual to work
upon receipt of Federal Bureau of Investigation fingerprint
data or a report of another official authority indicating a
criminal conviction. If the Department has not received a
temporary employee's Federal Bureau of Investigation
fingerprint data within 120 days of the date the Department
received the Illinois State Police fingerprint data, the
Department may, at its discretion, revoke the employee's
temporary authority to work with 15 days written notice to the
individual and the employing agency.
An agency may not employ a person in a temporary capacity
if it knows or reasonably should have known that the person has
been convicted of a crime under the laws of this State, has
been convicted in another state of any crime that is a crime
under the laws of this State, has been convicted of any crime
in a federal court, or has been posted as an unapproved
applicant by the Department. Notice by the Department to the
agency, via certified mail, personal delivery, electronic
mail, or posting on the Department's Internet site accessible
to the agency that the person has been convicted of a crime
shall be deemed constructive knowledge of the conviction on
the part of the agency. The Department may adopt rules to
implement this subsection (k).
(l) No person may be employed under this Section in any

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

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

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This Act permits only the following to carry firearms while
actually engaged in the performance of their duties or while
commuting directly to or from their places of employment:
persons licensed as private detectives and their registered
employees; persons licensed as private security contractors
and their registered employees; persons licensed as private
alarm contractors and their registered employees; and
employees of a registered armed proprietary security force.
(c) Possession of a valid firearm control card allows a
licensee or employee to carry a firearm not otherwise
prohibited by law while the licensee or employee is engaged in
the performance of his or her duties or while the licensee or
employee is commuting directly to or from the licensee's or
employee's place or places of employment.
(d) The Department shall issue a firearm control card to a
person who has passed an approved firearm training course, who
is currently licensed or employed by an agency licensed by
this Act and has met all the requirements of this Act, and who
is not prohibited under State or federal law from possessing a
firearm possesses a valid firearm owner identification card.
Application for the firearm control card shall be made by the
employer to the Department on forms provided by the
Department. The Department shall forward the card to the
employer who shall be responsible for its issuance to the
licensee or employee. The firearm control card shall be issued
by the Department and shall identify the person holding it and

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the name of the course where the licensee or employee received
firearm instruction and shall specify the type of weapon or
weapons the person is authorized by the Department to carry
and for which the person has been trained.
(e) Expiration and requirements for renewal of firearm
control cards shall be determined by rule.
(f) The Department may, in addition to any other
disciplinary action permitted by this Act, refuse to issue,
suspend, or revoke a firearm control card if the applicant or
holder has been convicted of any felony or crime involving the
illegal use, carrying, or possession of a deadly weapon or for
a violation of this Act or rules adopted promulgated under
this Act. The Department shall refuse to issue or shall revoke
a firearm control card if the applicant or holder is
prohibited under State or federal law from possessing a
firearm fails to possess a valid firearm owners identification
card without hearing. The Secretary shall summarily suspend a
firearm control card if the Secretary finds that its continued
use would constitute an imminent danger to the public. A
hearing shall be held before the Board within 30 days if the
Secretary summarily suspends a firearm control card.
(g) Notwithstanding any other provision of this Act to the
contrary, all requirements relating to firearms control cards
do not apply to a peace officer. If an individual ceases to be
employed as a peace officer and continues to perform services
in an armed capacity under this Act that are licensed

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activities, then the individual is required to obtain a
permanent employee registration card pursuant to Section 35-30
of this Act and must possess a valid Firearm Owner's
Identification Card, but is not required to obtain a firearm
control card if the individual is otherwise in continuing
compliance with the federal Law Enforcement Officers Safety
Act of 2004. If an individual elects to carry a firearm
pursuant to the federal Law Enforcement Officers Safety Act of
2004, then the agency employing the officer is required to
submit a notice of that election to the Department along with a
fee specified by rule.
(h) The Department may issue a temporary firearm control
card pending issuance of a new firearm control card upon an
agency's acquiring of an established armed account. An agency
that has acquired armed employees as a result of acquiring an
established armed account may, on forms supplied by the
Department, request the issuance of a temporary firearm
control card for each acquired employee who held a valid
firearm control card under his or her employment with the
newly acquired established armed account immediately preceding
the acquiring of the account and who continues to meet all of
the qualifications for issuance of a firearm control card set
forth in this Act and any rules adopted under this Act. The
Department shall, by rule, set the fee for issuance of a
temporary firearm control card.
(i) The Department shall not issue a firearm control card

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

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

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

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

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

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

HB4530 - 89 - LRB102 21798 RLC 30918 b
In For the purposes of this Section:
"Clear and present danger" means a person who:
(1) communicates a serious threat of physical
violence against a reasonably identifiable victim or
poses a clear and imminent risk of serious physical
injury to himself, herself, or another person as
determined by a physician, clinical psychologist, or
qualified examiner; or
(2) demonstrates threatening physical or verbal
behavior, such as violent, suicidal, or assaultive
threats, actions, or other behavior, as determined by
a physician, clinical psychologist, qualified
examiner, school administrator, or law enforcement
official.
"Physician", "clinical psychologist", and "qualified
examiner" have the meanings ascribed to them in the Mental
Health and Developmental Disabilities Code has the meaning
ascribed to it in Section 1.1 of the Firearm Owners
Identification Card Act.
"Determined to pose a clear and present danger to
himself, herself, or to others by a physician, clinical
psychologist, or qualified examiner" means in the
professional opinion of the physician, clinical
psychologist, or qualified examiner, a person poses a
clear and present danger.
"School administrator" means the person required to

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

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

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lead abatement contractor and licensed by the Department to
perform lead abatement and lead mitigation and to supervise
lead workers who perform lead abatement and lead mitigation.
"Lead abatement worker" means any person employed by a
lead abatement contractor and licensed by the Department to
perform lead abatement and mitigation.
"Lead activities" means the conduct of any lead services,
including, lead inspection, lead risk assessment, lead
mitigation, or lead abatement work or supervision in a
regulated facility.
"Lead-bearing substance" means any item containing or
coated with lead such that the lead content is more than
six-hundredths of one percent (0.06%) lead by total weight; or
any dust on surfaces or in furniture or other nonpermanent
elements of the regulated facility; or any paint or other
surface coating material containing more than five-tenths of
one percent (0.5%) lead by total weight (calculated as lead
metal) in the total non-volatile content of liquid paint; or
lead-bearing substances containing greater than one milligram
per square centimeter or any lower standard for lead content
in residential paint as may be established by federal law or
rule; or more than 1 milligram per square centimeter in the
dried film of paint or previously applied substance; or item
or dust on item containing lead in excess of the amount
specified in the rules authorized by this Act or a lower
standard for lead content as may be established by federal law

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or rule. "Lead-bearing substance" does not include firearm
ammunition or components as defined by Section 2-7.1 of the
Criminal Code of 2012 the Firearm Owners Identification Card
Act.
"Lead hazard" means a lead-bearing substance that poses an
immediate health hazard to humans.
"Lead hazard screen" means a lead risk assessment that
involves limited dust and paint sampling for lead-bearing
substances and lead hazards. This service is used as a
screening tool designed to determine if further lead
investigative services are required for the regulated
facility.
"Lead inspection" means a surface-by-surface investigation
to determine the presence of lead-based paint.
"Lead inspector" means an individual who has been trained
by a Department-approved training program and is licensed by
the Department to conduct lead inspections; to sample for the
presence of lead in paint, dust, soil, and water; and to
conduct compliance investigations.
"Lead mitigation" means the remediation, in a manner
described in Section 9, of a lead hazard so that the
lead-bearing substance does not pose an immediate health
hazard to humans.
"Lead poisoning" means having an elevated blood lead
level.
"Lead risk assessment" means an on-site investigation to

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determine the existence, nature, severity, and location of
lead hazards. "Lead risk assessment" includes any lead
sampling and visual assessment associated with conducting a
lead risk assessment and lead hazard screen and all lead
sampling associated with compliance investigations.
"Lead risk assessor" means an individual who has been
trained by a Department-approved training program and is
licensed by the Department to conduct lead risk assessments,
lead inspections, and lead hazard screens; to sample for the
presence of lead in paint, dust, soil, water, and sources for
lead-bearing substances; and to conduct compliance
investigations.
"Lead training program provider" means any person
providing Department-approved lead training in Illinois to
individuals seeking licensure in accordance with the Act.
"Low risk area" means an area in the State determined by
the Department to be low risk for lead exposure for children 6
years of age or younger. The Department may consider the
factors named in "high risk area" to determine low risk areas.
"Owner" means any person, who alone, jointly, or severally
with others:
(a) Has legal title to any regulated facility, with or
without actual possession of the regulated facility, or
(b) Has charge, care, or control of the regulated
facility as owner or agent of the owner, or as executor,
administrator, trustee, or guardian of the estate of the

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

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

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

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juvenile court, criminal justice, psychological, or
psychiatric records or records relating to any
institutionalization of the applicant, and an affirmative
request that a person having custody of any of these
records provide it or information concerning it to the
Illinois State Police. The waiver only applies to records
sought in connection with determining whether the
applicant qualifies for a license to carry a concealed
firearm under this Act, or whether the applicant remains
in compliance with the Firearm Owners Identification Card
Act;
(4) an affirmation that the applicant is not
prohibited under State or federal law from possessing or
receiving a firearm possesses a currently valid Firearm
Owner's Identification Card and card number if possessed
or notice the applicant is applying for a Firearm Owner's
Identification Card in conjunction with the license
application;
(5) an affirmation that the applicant has not been
convicted or found guilty of:
(A) a felony;
(B) a misdemeanor involving the use or threat of
physical force or violence to any person within the 5
years preceding the date of the application; or
(C) 2 or more violations related to driving while
under the influence of alcohol, other drug or drugs,

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

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

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his or her state or territory of residence to own or
possess a firearm;
(B) if applicable, has a license or permit to
carry a firearm or concealed firearm issued by his or
her state or territory of residence and attach a copy
of the license or permit to the application;
(C) understands Illinois laws pertaining to the
possession and transport of firearms; and
(D) acknowledges that the applicant is subject to
the jurisdiction of the Illinois State Police and
Illinois courts for any violation of this Act;
(3) a photocopy of any certificates or other evidence
of compliance with the training requirements under Section
75 of this Act; and
(4) a head and shoulder color photograph in a size
specified by the Illinois State Police taken within the 30
days preceding the date of the application.
(d) In lieu of an Illinois driver's license or Illinois
identification card, a non-resident applicant shall provide
similar documentation from his or her state or territory of
residence. The applicant shall submit In lieu of a valid
Firearm Owner's Identification Card, the applicant shall
submit documentation and information required by the Illinois
State Police to obtain a Firearm Owner's Identification Card,
including an affidavit that the non-resident meets the mental
health standards to obtain a firearm under Illinois law, and

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

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

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

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

HB4530 - 106 - LRB102 21798 RLC 30918 b
where the person resides. The local law enforcement agency
shall provide the licensee a receipt and transmit the
concealed carry license to the Illinois State Police. If the
licensee whose concealed carry license has been revoked,
suspended, or denied fails to comply with the requirements of
this subsection, the law enforcement agency where the person
resides may petition the circuit court to issue a warrant to
search for and seize the concealed carry license in the
possession and under the custody or control of the licensee
whose concealed carry license has been revoked, suspended, or
denied. The observation of a concealed carry license in the
possession of a person whose license has been revoked,
suspended, or denied constitutes a sufficient basis for the
arrest of that person for violation of this subsection. A
violation of this subsection is a Class A misdemeanor.
(h) (Blank). Except as otherwise provided in subsection
(h-5), a license issued or renewed under this Act shall be
revoked if, at any time, the licensee is found ineligible for a
Firearm Owner's Identification Card, or the licensee no longer
possesses a valid Firearm Owner's Identification Card. If the
Firearm Owner's Identification Card is expired or suspended
rather than denied or revoked, the license may be suspended
for a period of up to one year to allow the licensee to
reinstate his or her Firearm Owner's Identification Card. The
Illinois State Police shall adopt rules to enforce this
subsection. A licensee whose license is revoked under this

HB4530 - 107 - LRB102 21798 RLC 30918 b
subsection (h) shall surrender his or her concealed carry
license as provided for in subsection (g) of this Section.
This subsection shall not apply to a person who has filed
an application with the Illinois State Police for renewal of a
Firearm Owner's Identification Card and who is not otherwise
ineligible to obtain a Firearm Owner's Identification Card.
(h-5) (Blank). If the Firearm Owner's Identification Card
of a licensee under this Act expires during the term of the
license issued under this Act, the license and the Firearm
Owner's Identification Card remain valid, and the Illinois
State Police may automatically renew the licensee's Firearm
Owner's Identification Card as provided in subsection (c) of
Section 5 of the Firearm Owners Identification Card Act.
(i) A certified firearms instructor who knowingly provides
or offers to provide a false certification that an applicant
has completed firearms training as required under this Act is
guilty of a Class A misdemeanor. A person guilty of a violation
of this subsection (i) is not eligible for court supervision.
The Illinois State Police shall permanently revoke the
firearms instructor certification of a person convicted under
this subsection (i).
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-15-21.)
(430 ILCS 66/80)
Sec. 80. Certified firearms instructors.

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

HB4530 - 109 - LRB102 21798 RLC 30918 b
(2) have at least one of the following valid firearms
instructor certifications:
(A) certification from a law enforcement agency;
(B) certification from a firearm instructor course
offered by a State or federal governmental agency;
(C) certification from a firearm instructor
qualification course offered by the Illinois Law
Enforcement Training Standards Board; or
(D) certification from an entity approved by the
Illinois State Police that offers firearm instructor
education and training in the use and safety of
firearms.
(e) A person may have his or her firearms instructor
certification denied or revoked if he or she does not meet the
requirements to obtain a license under this Act, provides
false or misleading information to the Illinois State Police,
or has had a prior instructor certification revoked or denied
by the Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 66/105)
Sec. 105. Duty of school administrator. It is the duty of
the principal of a public elementary or secondary school, or
his or her designee, and the chief administrative officer of a
private elementary or secondary school or a public or private
community college, college, or university, or his or her

HB4530 - 110 - LRB102 21798 RLC 30918 b
designee, to report to the Illinois State Police when a
student is determined to pose a clear and present danger to
himself, herself, or to others, within 24 hours of the
determination as provided in Section 6-103.3 of the Mental
Health and Developmental Disabilities Code. "Clear and present
danger" has the meaning as provided in paragraph (2) of the
definition of "clear and present danger" in Section 6-103.3 of
the Mental Health and Developmental Disabilities Code 1.1 of
the Firearm Owners Identification Card Act.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 66. The Firearms Restraining Order Act is amended
by changing Sections 35 and 40 as follows:
(430 ILCS 67/35)
(Text of Section before amendment by P.A. 102-345)
Sec. 35. Ex parte orders and emergency hearings.
(a) A petitioner may request an emergency firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm. The petition
shall also describe the type and location of any firearm or
firearms presently believed by the petitioner to be possessed
or controlled by the respondent.

HB4530 - 111 - LRB102 21798 RLC 30918 b
(b) If the respondent is alleged to pose an immediate and
present danger of causing personal injury to an intimate
partner, or an intimate partner is alleged to have been the
target of a threat or act of violence by the respondent, the
petitioner shall make a good faith effort to provide notice to
any and all intimate partners of the respondent. The notice
must include that the petitioner intends to petition the court
for an emergency firearms restraining order, and, if the
petitioner is a law enforcement officer, referral to relevant
domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner shall attest to
having provided the notice in the filed affidavit or verified
pleading. If, after making a good faith effort, the petitioner
is unable to provide notice to any or all intimate partners,
the affidavit or verified pleading should describe what
efforts were made.
(c) Every person who files a petition for an emergency
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) An emergency firearms restraining order shall be
issued on an ex parte basis, that is, without notice to the
respondent.
(e) An emergency hearing held on an ex parte basis shall be
held the same day that the petition is filed or the next day

HB4530 - 112 - LRB102 21798 RLC 30918 b
that the court is in session.
(f) If a circuit or associate judge finds probable cause
to believe that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, the circuit or
associate judge shall issue an emergency order.
(f-5) If the court issues an emergency firearms
restraining order, it shall, upon a finding of probable cause
that the respondent possesses firearms, issue a search warrant
directing a law enforcement agency to seize the respondent's
firearms. The court may, as part of that warrant, direct the
law enforcement agency to search the respondent's residence
and other places where the court finds there is probable cause
to believe he or she is likely to possess the firearms.
(g) An emergency firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms for the duration of the
order under Section 8.2 of the Firearm Owners
Identification Card Act; and
(2) the respondent to comply with Section 9.5 of the
Firearm Owners Identification Card Act and subsection (g)
of Section 70 of the Firearm Concealed Carry Act Illinois.
(h) Except as otherwise provided in subsection (h-5) of
this Section, upon expiration of the period of safekeeping, if

HB4530 - 113 - LRB102 21798 RLC 30918 b
the firearms or Firearm Owner's Identification Card and
concealed carry license cannot be returned to the respondent
because the respondent cannot be located, fails to respond to
requests to retrieve the firearms, or is not lawfully eligible
to possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the firearms
for training purposes, or use the firearms for any other
application as deemed appropriate by the local law enforcement
agency.
(h-5) On or before January 1, 2022, a respondent whose
firearms have been turned over to a local law enforcement
agency Firearm Owner's Identification Card has been revoked or
suspended may petition the court, if the petitioner is present
in court or has notice of the respondent's petition, to
transfer the respondent's firearm to a person who is lawfully
able to possess the firearm if the person does not reside at
the same address as the respondent. Notice of the petition
shall be served upon the person protected by the emergency
firearms restraining order. While the order is in effect, the
transferee who receives the respondent's firearms must swear
or affirm by affidavit that he or she shall not transfer the
firearm to the respondent or to anyone residing in the same
residence as the respondent.
(h-6) If a person other than the respondent claims title
to any firearms surrendered under this Section, he or she may

HB4530 - 114 - LRB102 21798 RLC 30918 b
petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
(1) the firearm is removed from the respondent's
custody, control, or possession and the lawful owner
agrees to store the firearm in a manner such that the
respondent does not have access to or control of the
firearm; and
(2) the firearm is not otherwise unlawfully possessed
by the owner.
The person petitioning for the return of his or her
firearm must swear or affirm by affidavit that he or she: (i)
is the lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
(i) In accordance with subsection (e) of this Section, the
court shall schedule a full hearing as soon as possible, but no
longer than 14 days from the issuance of an ex parte firearms
restraining order, to determine if a 6-month firearms
restraining order shall be issued. The court may extend an ex
parte order as needed, but not to exceed 14 days, to effectuate
service of the order or if necessary to continue protection.
The court may extend the order for a greater length of time by

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

HB4530 - 116 - LRB102 21798 RLC 30918 b
petitioner is a law enforcement officer, referral to relevant
domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner shall attest to
having provided the notice in the filed affidavit or verified
pleading. If, after making a good faith effort, the petitioner
is unable to provide notice to any or all intimate partners,
the affidavit or verified pleading should describe what
efforts were made.
(c) Every person who files a petition for an emergency
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) An emergency firearms restraining order shall be
issued on an ex parte basis, that is, without notice to the
respondent.
(e) An emergency hearing held on an ex parte basis shall be
held the same day that the petition is filed or the next day
that the court is in session.
(f) If a circuit or associate judge finds probable cause
to believe that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, ammunition, or
firearm parts that could be assembled to make an operable
firearm, the circuit or associate judge shall issue an

HB4530 - 117 - LRB102 21798 RLC 30918 b
emergency order.
(f-5) If the court issues an emergency firearms
restraining order, it shall, upon a finding of probable cause
that the respondent possesses firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm,
issue a search warrant directing a law enforcement agency to
seize the respondent's firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm. The court
may, as part of that warrant, direct the law enforcement
agency to search the respondent's residence and other places
where the court finds there is probable cause to believe he or
she is likely to possess the firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm. A
return of the search warrant shall be filed by the law
enforcement agency within 4 days thereafter, setting forth the
time, date, and location that the search warrant was executed
and what items, if any, were seized.
(g) An emergency firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm,
or removing firearm parts that could be assembled to make
an operable firearm for the duration of the order under
Section 8.2 of the Firearm Owners Identification Card Act;
and

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(2) the respondent to comply with Section 9.5 of the
Firearm Owners Identification Card Act and subsection (g)
of Section 70 of the Firearm Concealed Carry Act Illinois,
ammunition, and firearm parts that could be assembled to
make an operable firearm.
(h) Except as otherwise provided in subsection (h-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm or Firearm Owner's
Identification Card and concealed carry license cannot be
returned to the respondent because the respondent cannot be
located, fails to respond to requests to retrieve the
firearms, or is not lawfully eligible to possess a firearm,
ammunition, or firearm parts that could be assembled to make
an operable firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, ammunition, and
firearm parts that could be assembled to make an operable
firearm, use the firearms, ammunition, and firearm parts that
could be assembled to make an operable firearm for training
purposes, or use the firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm for any
other application as deemed appropriate by the local law
enforcement agency.
(h-5) On or before January 1, 2022, a respondent whose
firearms have been turned over to a local law enforcement

HB4530 - 119 - LRB102 21798 RLC 30918 b
agency Firearm Owner's Identification Card has been revoked or
suspended may petition the court, if the petitioner is present
in court or has notice of the respondent's petition, to
transfer the respondent's firearm, ammunition, and firearm
parts that could be assembled to make an operable firearm to a
person who is lawfully able to possess the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm if the person does not reside at the same
address as the respondent. Notice of the petition shall be
served upon the person protected by the emergency firearms
restraining order. While the order is in effect, the
transferee who receives the respondent's firearms, ammunition,
and firearm parts that could be assembled to make an operable
firearm must swear or affirm by affidavit that he or she shall
not transfer the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm to the
respondent or to anyone residing in the same residence as the
respondent.
(h-6) If a person other than the respondent claims title
to any firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm surrendered under this
Section, he or she may petition the court, if the petitioner is
present in court or has notice of the petition, to have the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm returned to him or her. If the
court determines that person to be the lawful owner of the

HB4530 - 120 - LRB102 21798 RLC 30918 b
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm, the firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm shall be returned to him or her, provided that:
(1) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are removed
from the respondent's custody, control, or possession and
the lawful owner agrees to store the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm in a manner such that the respondent does
not have access to or control of the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm; and
(2) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are not
otherwise unlawfully possessed by the owner.
The person petitioning for the return of his or her
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm must swear or affirm by affidavit
that he or she: (i) is the lawful owner of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm; (ii) shall not transfer the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to the respondent; and (iii) will store
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm in a manner that the

HB4530 - 121 - LRB102 21798 RLC 30918 b
respondent does not have access to or control of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(i) In accordance with subsection (e) of this Section, the
court shall schedule a full hearing as soon as possible, but no
longer than 14 days from the issuance of an ex parte firearms
restraining order, to determine if a 6-month firearms
restraining order shall be issued. The court may extend an ex
parte order as needed, but not to exceed 14 days, to effectuate
service of the order or if necessary to continue protection.
The court may extend the order for a greater length of time by
mutual agreement of the parties.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-9-21.)
(430 ILCS 67/40)
(Text of Section before amendment by P.A. 102-237)
Sec. 40. Six-month orders.
(a) A petitioner may request a 6-month firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses a significant danger of
causing personal injury to himself, herself, or another in the
near future by having in his or her custody or control,
purchasing, possessing, or receiving a firearm. The petition
shall also describe the number, types, and locations of any
firearms presently believed by the petitioner to be possessed

HB4530 - 122 - LRB102 21798 RLC 30918 b
or controlled by the respondent.
(b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or
an intimate partner is alleged to have been the target of a
threat or act of violence by the respondent, the petitioner
shall make a good faith effort to provide notice to any and all
intimate partners of the respondent. The notice must include
that the petitioner intends to petition the court for a
6-month firearms restraining order, and, if the petitioner is
a law enforcement officer, referral to relevant domestic
violence or stalking advocacy or counseling resources, if
appropriate. The petitioner shall attest to having provided
the notice in the filed affidavit or verified pleading. If,
after making a good faith effort, the petitioner is unable to
provide notice to any or all intimate partners, the affidavit
or verified pleading should describe what efforts were made.
(c) Every person who files a petition for a 6-month
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) Upon receipt of a petition for a 6-month firearms
restraining order, the court shall order a hearing within 30
days.
(e) In determining whether to issue a firearms restraining
order under this Section, the court shall consider evidence

HB4530 - 123 - LRB102 21798 RLC 30918 b
including, but not limited to, the following:
(1) The unlawful and reckless use, display, or
brandishing of a firearm by the respondent.
(2) The history of use, attempted use, or threatened
use of physical force by the respondent against another
person.
(3) Any prior arrest of the respondent for a felony
offense.
(4) Evidence of the abuse of controlled substances or
alcohol by the respondent.
(5) A recent threat of violence or act of violence by
the respondent directed toward himself, herself, or
another.
(6) A violation of an emergency order of protection
issued under Section 217 of the Illinois Domestic Violence
Act of 1986 or Section 112A-17 of the Code of Criminal
Procedure of 1963 or of an order of protection issued
under Section 214 of the Illinois Domestic Violence Act of
1986 or Section 112A-14 of the Code of Criminal Procedure
of 1963.
(7) A pattern of violent acts or violent threats,
including, but not limited to, threats of violence or acts
of violence by the respondent directed toward himself,
herself, or another.
(f) At the hearing, the petitioner shall have the burden
of proving, by clear and convincing evidence, that the

HB4530 - 124 - LRB102 21798 RLC 30918 b
respondent poses a significant danger of personal injury to
himself, herself, or another by having in his or her custody or
control, purchasing, possessing, or receiving a firearm.
(g) If the court finds that there is clear and convincing
evidence to issue a firearms restraining order, the court
shall issue a firearms restraining order that shall be in
effect for 6 months subject to renewal under Section 45 of this
Act or termination under that Section.
(g-5) If the court issues a 6-month firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, issue a search warrant
directing a law enforcement agency to seize the respondent's
firearms. The court may, as part of that warrant, direct the
law enforcement agency to search the respondent's residence
and other places where the court finds there is probable cause
to believe he or she is likely to possess the firearms.
(h) A 6-month firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms for the duration of the
order under Section 8.2 of the Firearm Owners
Identification Card Act; and
(2) the respondent to comply with Section 9.5 of the
Firearm Owners Identification Card Act and subsection (g)
of Section 70 of the Firearm Concealed Carry Act. Illinois
(i) Except as otherwise provided in subsection (i-5) of

HB4530 - 125 - LRB102 21798 RLC 30918 b
this Section, upon expiration of the period of safekeeping, if
the firearms or Firearm Owner's Identification Card cannot be
returned to the respondent because the respondent cannot be
located, fails to respond to requests to retrieve the
firearms, or is not lawfully eligible to possess a firearm,
upon petition from the local law enforcement agency, the court
may order the local law enforcement agency to destroy the
firearms, use the firearms for training purposes, or use the
firearms for any other application as deemed appropriate by
the local law enforcement agency.
(i-5) A respondent whose firearms have been turned over to
a local law enforcement agency Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm to
a person who is lawfully able to possess the firearm if the
person does not reside at the same address as the respondent.
Notice of the petition shall be served upon the person
protected by the emergency firearms restraining order. While
the order is in effect, the transferee who receives the
respondent's firearms must swear or affirm by affidavit that
he or she shall not transfer the firearm to the respondent or
to anyone residing in the same residence as the respondent.
(i-6) If a person other than the respondent claims title
to any firearms surrendered under this Section, he or she may
petition the court, if the petitioner is present in court or

HB4530 - 126 - LRB102 21798 RLC 30918 b
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
(1) the firearm is removed from the respondent's
custody, control, or possession and the lawful owner
agrees to store the firearm in a manner such that the
respondent does not have access to or control of the
firearm; and
(2) the firearm is not otherwise unlawfully possessed
by the owner.
The person petitioning for the return of his or her
firearm must swear or affirm by affidavit that he or she: (i)
is the lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
(j) If the court does not issue a firearms restraining
order at the hearing, the court shall dissolve any emergency
firearms restraining order then in effect.
(k) When the court issues a firearms restraining order
under this Section, the court shall inform the respondent that
he or she is entitled to one hearing during the period of the
order to request a termination of the order, under Section 45
of this Act, and shall provide the respondent with a form to
request a hearing.

HB4530 - 127 - LRB102 21798 RLC 30918 b
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-538, eff. 8-20-21; revised 11-3-21.)
(Text of Section after amendment by P.A. 102-345)
Sec. 40. Six-month orders.
(a) A petitioner may request a 6-month firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses a significant danger of
causing personal injury to himself, herself, or another in the
near future by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, ammunition,
and firearm parts that could be assembled to make an operable
firearm. The petition shall also describe the number, types,
and locations of any firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm presently
believed by the petitioner to be possessed or controlled by
the respondent.
(b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or
an intimate partner is alleged to have been the target of a
threat or act of violence by the respondent, the petitioner
shall make a good faith effort to provide notice to any and all
intimate partners of the respondent. The notice must include
that the petitioner intends to petition the court for a
6-month firearms restraining order, and, if the petitioner is
a law enforcement officer, referral to relevant domestic

HB4530 - 128 - LRB102 21798 RLC 30918 b
violence or stalking advocacy or counseling resources, if
appropriate. The petitioner shall attest to having provided
the notice in the filed affidavit or verified pleading. If,
after making a good faith effort, the petitioner is unable to
provide notice to any or all intimate partners, the affidavit
or verified pleading should describe what efforts were made.
(c) Every person who files a petition for a 6-month
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) Upon receipt of a petition for a 6-month firearms
restraining order, the court shall order a hearing within 30
days.
(e) In determining whether to issue a firearms restraining
order under this Section, the court shall consider evidence
including, but not limited to, the following:
(1) The unlawful and reckless use, display, or
brandishing of a firearm, ammunition, and firearm parts
that could be assembled to make an operable firearm by the
respondent.
(2) The history of use, attempted use, or threatened
use of physical force by the respondent against another
person.
(3) Any prior arrest of the respondent for a felony
offense.

HB4530 - 129 - LRB102 21798 RLC 30918 b
(4) Evidence of the abuse of controlled substances or
alcohol by the respondent.
(5) A recent threat of violence or act of violence by
the respondent directed toward himself, herself, or
another.
(6) A violation of an emergency order of protection
issued under Section 217 of the Illinois Domestic Violence
Act of 1986 or Section 112A-17 of the Code of Criminal
Procedure of 1963 or of an order of protection issued
under Section 214 of the Illinois Domestic Violence Act of
1986 or Section 112A-14 of the Code of Criminal Procedure
of 1963.
(7) A pattern of violent acts or violent threats,
including, but not limited to, threats of violence or acts
of violence by the respondent directed toward himself,
herself, or another.
(f) At the hearing, the petitioner shall have the burden
of proving, by clear and convincing evidence, that the
respondent poses a significant danger of personal injury to
himself, herself, or another by having in his or her custody or
control, purchasing, possessing, or receiving a firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(g) If the court finds that there is clear and convincing
evidence to issue a firearms restraining order, the court
shall issue a firearms restraining order that shall be in

HB4530 - 130 - LRB102 21798 RLC 30918 b
effect for 6 months subject to renewal under Section 45 of this
Act or termination under that Section.
(g-5) If the court issues a 6-month firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm, issue a
search warrant directing a law enforcement agency to seize the
respondent's firearms, ammunition, and firearm parts that
could be assembled to make an operable firearm. The court may,
as part of that warrant, direct the law enforcement agency to
search the respondent's residence and other places where the
court finds there is probable cause to believe he or she is
likely to possess the firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm. A return
of the search warrant shall be filed by the law enforcement
agency within 4 days thereafter, setting forth the time, date,
and location that the search warrant was executed and what
items, if any, were seized.
(h) A 6-month firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms, ammunition, and firearm
parts that could be assembled to make an operable firearm
for the duration of the order under Section 8.2 of the
Firearm Owners Identification Card Act; and
(2) the respondent to comply with Section 9.5 of the

HB4530 - 131 - LRB102 21798 RLC 30918 b
Firearm Owners Identification Card Act and subsection (g)
of Section 70 of the Firearm Concealed Carry Act,
ammunition, and firearm parts that could be assembled to
make an operable firearm. Illinois, ammunition, and
firearm parts that could be assembled to make an operable
firearm
(i) Except as otherwise provided in subsection (i-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm or Firearm Owner's
Identification Card cannot be returned to the respondent
because the respondent cannot be located, fails to respond to
requests to retrieve the firearms, ammunition, and firearm
parts that could be assembled to make an operable firearm, or
is not lawfully eligible to possess a firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm, upon petition from the local law enforcement agency,
the court may order the local law enforcement agency to
destroy the firearms, ammunition, and firearm parts that could
be assembled to make an operable firearm, use the firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm for training purposes, or use the
firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm for any other
application as deemed appropriate by the local law enforcement
agency.

HB4530 - 132 - LRB102 21798 RLC 30918 b
(i-5) A respondent whose firearms have been turned over to
a local law enforcement agency Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to a person who is lawfully able to possess
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm if the person does not
reside at the same address as the respondent. Notice of the
petition shall be served upon the person protected by the
emergency firearms restraining order. While the order is in
effect, the transferee who receives the respondent's firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm must swear or affirm by affidavit that he
or she shall not transfer the firearm, ammunition, and firearm
parts that could be assembled to make an operable firearm to
the respondent or to anyone residing in the same residence as
the respondent.
(i-6) If a person other than the respondent claims title
to any firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm surrendered under this
Section, he or she may petition the court, if the petitioner is
present in court or has notice of the petition, to have the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm returned to him or her. If the

HB4530 - 133 - LRB102 21798 RLC 30918 b
court determines that person to be the lawful owner of the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm, the firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm shall be returned to him or her, provided that:
(1) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are removed
from the respondent's custody, control, or possession and
the lawful owner agrees to store the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm in a manner such that the respondent does
not have access to or control of the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm; and
(2) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are not
otherwise unlawfully possessed by the owner.
The person petitioning for the return of his or her
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm must swear or affirm by affidavit
that he or she: (i) is the lawful owner of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm; (ii) shall not transfer the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to the respondent; and (iii) will store
the firearm, ammunition, and firearm parts that could be

HB4530 - 134 - LRB102 21798 RLC 30918 b
assembled to make an operable firearm in a manner that the
respondent does not have access to or control of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(j) If the court does not issue a firearms restraining
order at the hearing, the court shall dissolve any emergency
firearms restraining order then in effect.
(k) When the court issues a firearms restraining order
under this Section, the court shall inform the respondent that
he or she is entitled to one hearing during the period of the
order to request a termination of the order, under Section 45
of this Act, and shall provide the respondent with a form to
request a hearing.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-3-21.)
Section 67. The Firearm Dealer License Certification Act
is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
follows:
(430 ILCS 68/5-20)
Sec. 5-20. Additional licensee requirements.
(a) A certified licensee shall make a photo copy of a
buyer's or transferee's valid photo identification card
whenever a firearm sale transaction takes place. The photo
copy shall be attached to the documentation detailing the

HB4530 - 135 - LRB102 21798 RLC 30918 b
record of sale.
(b) A certified licensee shall post in a conspicuous
position on the premises where the licensee conducts business
a sign that contains the following warning in block letters
not less than one inch in height:
"With few exceptions enumerated in the Criminal Code
of 2012 Firearm Owners Identification Card Act, it is
unlawful for you to:
(A) store or leave an unsecured firearm in a place
where a child can obtain access to it; or
(B) sell or transfer your firearm to someone else
without receiving approval for the transfer from the
Illinois State Police, or
(B) (C) fail to report the loss or theft of your
firearm to local law enforcement within 72 hours.".
This sign shall be created by the Illinois State Police and
made available for printing or downloading from the Illinois
State Police's website.
(c) No retail location established after the effective
date of this Act shall be located within 500 feet of any
school, pre-school, or day care facility in existence at its
location before the retail location is established as measured
from the nearest corner of the building holding the retail
location to the corner of the school, pre-school, or day care
facility building nearest the retail location at the time the
retail location seeks licensure.

HB4530 - 136 - LRB102 21798 RLC 30918 b
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-25)
Sec. 5-25. Exemptions. The provisions of this Act related
to the certification of a license do not apply to a person or
entity that engages in the following activities:
(1) temporary transfers of firearms solely for use at
the location or on the premises where the transfer takes
place, such as transfers at a shooting range for use at
that location;
(2) temporary transfers of firearms solely for use
while in the presence of the transferor or transfers for
the purposes of firearm safety training by a firearms
safety training instructor;
(3) transfers of firearms among immediate family or
household members, as "immediate family or household
member" is defined in Section 3-2.7-10 of the Unified Code
of Corrections, provided that both the transferor and
transferee are not prohibited from possessing a firearm
under federal or State law have a currently valid Firearm
Owner's Identification Card; however, this paragraph (3)
does not limit the familial gift exemption under paragraph
(2) of subsection (a-15) of Section 3 of the Firearm
Owners Identification Card Act;
(4) transfers by persons or entities acting under
operation of law or a court order;

HB4530 - 137 - LRB102 21798 RLC 30918 b
(5) transfers by persons or entities liquidating all
or part of a collection. For purposes of this paragraph
(5), "collection" means 2 or more firearms which are of
special interest to collectors by reason of some quality
other than is associated with firearms intended for
sporting use or as offensive or defensive weapons;
(6) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection;
(7) transfers by a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) (blank); transfers to a State or local law
enforcement agency by a person who has his or her Firearm
Owner's Identification Card revoked;
(9) transfers of curios and relics, as defined under
federal law, between collectors licensed under subsection
(b) of Section 923 of the federal Gun Control Act of 1968;
(10) transfers by a person or entity licensed as an
auctioneer under the Auction License Act;
(10.5) transfers of firearms to a resident registered
competitor or attendee or non-resident registered
competitor or attendee by a licensed federal firearms
dealer under Section 923 of the federal Gun Control Act of
1968 at a competitive shooting event held at the World
Shooting and Recreational Complex that is sanctioned by a

HB4530 - 138 - LRB102 21798 RLC 30918 b
national governing body; or
(11) transfers between a pawnshop and a customer which
amount to a bailment. For purposes of this paragraph (11),
"bailment" means the act of placing property in the
custody and control of another, by agreement in which the
holder is responsible for the safekeeping and return of
the property.
(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
(430 ILCS 68/5-40)
Sec. 5-40. Qualifications for operation.
(a) Each certified licensee shall submit with each
application for certification or renewal an affidavit to the
Illinois State Police stating that each owner, employee, or
other agent of the certified licensee who sells or conducts
transfers of firearms for the certified licensee is at least
21 years of age, has a currently valid Firearm Owner's
Identification Card and, for a renewal, has completed the
training required under Section 5-30. The affidavit must also
contain the name and Firearm Owner's Identification Card
number of each owner, employee, or other agent who sells or
conducts transfers of firearms for the certified licensee. If
an owner, employee, or other agent of the certified licensee
is not otherwise a resident of this State, the certified
licensee shall submit an affidavit stating that the owner,
employee, or other agent has undergone a background check and

HB4530 - 139 - LRB102 21798 RLC 30918 b
is not prohibited from owning or possessing firearms.
(b) In addition to the affidavit required under subsection
(a), within 30 days of a new owner, employee, or other agent
beginning selling or conducting transfers of firearms for the
certified licensee, the certified licensee shall submit an
affidavit to the Illinois State Police stating the date that
the new owner, employee, or other agent began selling or
conducting transfers of firearms for the certified licensee,
and providing the information required in subsection (a) for
that new owner, employee, or other agent.
(c) If a certified licensee has a license, certificate, or
permit to sell, lease, transfer, purchase, or possess firearms
issued by the federal government or the government of any
state revoked or suspended for good cause within the preceding
4 years, the Illinois State Police may consider revoking or
suspending the certified licenses in this State. In making a
determination of whether or not to revoke or suspend a
certified license in this State, the Illinois State Police
shall consider the number of retail locations the certified
licensee or any related person or entity operates in this
State or in other states under the same or different business
names, and the severity of the infraction in the state in which
a license was revoked or suspended.
(d) Applications and affidavits required under this
Section are not subject to disclosure by the Illinois State
Police under the Freedom of Information Act.

HB4530 - 140 - LRB102 21798 RLC 30918 b
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-85)
Sec. 5-85. Disciplinary sanctions.
(a) For violations of this Act not penalized under Section
5-15, the Illinois State Police may refuse to renew or
restore, or may reprimand, place on probation, suspend,
revoke, or take other disciplinary or non-disciplinary action
against any licensee, and may impose a fine commensurate with
the severity of the violation not to exceed $10,000 for each
violation for any of the following, consistent with the
Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901
through 7903:
(1) Violations of this Act, or any law applicable to
the sale or transfer of firearms.
(2) A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act.
(3) Aiding or assisting another person in violating
any provision of this Act or rules adopted under this Act.
(4) Failing, within 60 days, to provide information in
response to a written request made by the Illinois State
Police.
(5) Conviction of, plea of guilty to, or plea of nolo
contendere to any crime that disqualifies the person from
obtaining a firearm valid Firearm Owner's Identification

HB4530 - 141 - LRB102 21798 RLC 30918 b
Card.
(6) Continued practice, although the person has become
unfit to practice due to any of the following:
(A) Any circumstance that disqualifies the person
from obtaining a firearm valid Firearm Owner's
Identification Card or concealed carry license.
(B) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or
any other substance that results in the inability to
practice with reasonable judgment, skill, or safety.
(7) Receiving, directly or indirectly, compensation
for any firearms sold or transferred illegally.
(8) Discipline by another United States jurisdiction,
foreign nation, or governmental agency, if at least one of
the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
(9) Violation of any disciplinary order imposed on a
licensee by the Illinois State Police.
(10) A finding by the Illinois State Police that the
licensee, after having his or her certified license placed
on probationary status, has violated the terms of
probation.
(11) A fraudulent or material misstatement in the
completion of an affirmative obligation or inquiry by law
enforcement.
(b) All fines imposed under this Section shall be paid

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

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

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

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over 75 years of age. Nonresidents shall be charged $57 for a
hunting license.
Nonresidents may be issued a nonresident hunting license
for a period not to exceed 10 consecutive days' hunting in the
State and shall be charged a fee of $35.
A special nonresident hunting license authorizing a
nonresident to take game birds by hunting on a game breeding
and hunting preserve area only, established under Section
3.27, shall be issued upon proper application being made and
payment of a fee equal to that for a resident hunting license.
The expiration date of this license shall be on the same date
each year that game breeding and hunting preserve area
licenses expire.
Each applicant for a State Migratory Waterfowl Stamp,
regardless of his residence or other condition, shall pay a
fee of $15 and shall receive a stamp. The fee for a State
Migratory Waterfowl Stamp shall be waived for residents over
75 years of age. Except as provided under Section 20-45 of the
Fish and Aquatic Life Code, the stamp shall be signed by the
person or affixed to his license or permit in a space
designated by the Department for that purpose.
Each applicant for a State Habitat Stamp, regardless of
his residence or other condition, shall pay a fee of $5 and
shall receive a stamp. The fee for a State Habitat Stamp shall
be waived for residents over 75 years of age. Except as
provided under Section 20-45 of the Fish and Aquatic Life

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

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

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

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

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or disfigurement to an individual whom the person knows to
be a peace officer, community policing volunteer, fireman,
private security officer, correctional institution
employee, or Department of Human Services employee
supervising or controlling sexually dangerous persons or
sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Causes great bodily harm or permanent disability
or disfigurement to an individual 60 years of age or
older.
(5) Strangles another individual.
(b) Offense based on injury to a child or person with an
intellectual disability. A person who is at least 18 years of
age commits aggravated battery when, in committing a battery,
he or she knowingly and without legal justification by any
means:
(1) causes great bodily harm or permanent disability
or disfigurement to any child under the age of 13 years, or
to any person with a severe or profound intellectual
disability; or
(2) causes bodily harm or disability or disfigurement
to any child under the age of 13 years or to any person

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with a severe or profound intellectual disability.
(c) Offense based on location of conduct. A person commits
aggravated battery when, in committing a battery, other than
by the discharge of a firearm, he or she is or the person
battered is on or about a public way, public property, a public
place of accommodation or amusement, a sports venue, or a
domestic violence shelter, or in a church, synagogue, mosque,
or other building, structure, or place used for religious
worship.
(d) Offense based on status of victim. A person commits
aggravated battery when, in committing a battery, other than
by discharge of a firearm, he or she knows the individual
battered to be any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or has a physical
disability.
(3) A teacher or school employee upon school grounds
or grounds adjacent to a school or in any part of a
building used for school purposes.
(4) A peace officer, community policing volunteer,
fireman, private security officer, correctional
institution employee, or Department of Human Services
employee supervising or controlling sexually dangerous
persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her

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

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duties as a nurse.
(12) A merchant: (i) while performing his or her
duties, including, but not limited to, relaying directions
for healthcare or safety from his or her supervisor or
employer or relaying health or safety guidelines,
recommendations, regulations, or rules from a federal,
State, or local public health agency; and (ii) during a
disaster declared by the Governor, or a state of emergency
declared by the mayor of the municipality in which the
merchant is located, due to a public health emergency and
for a period of 6 months after such declaration.
(e) Offense based on use of a firearm. A person commits
aggravated battery when, in committing a battery, he or she
knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to another person.
(2) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to a person he or she knows to be a peace officer,
community policing volunteer, person summoned by a police
officer, fireman, private security officer, correctional
institution employee, or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or

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(iii) battered in retaliation for performing his
or her official duties.
(3) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to a person he or she knows to be emergency medical
services personnel:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Discharges a firearm and causes any injury to a
person he or she knows to be a teacher, a student in a
school, or a school employee, and the teacher, student, or
employee is upon school grounds or grounds adjacent to a
school or in any part of a building used for school
purposes.
(5) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to another person.
(6) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be a peace officer, community policing
volunteer, person summoned by a police officer, fireman,
private security officer, correctional institution
employee or emergency management worker:
(i) performing his or her official duties;

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(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(7) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be emergency medical services personnel:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(8) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be a teacher, or a student in a school, or a
school employee, and the teacher, student, or employee is
upon school grounds or grounds adjacent to a school or in
any part of a building used for school purposes.
(f) Offense based on use of a weapon or device. A person
commits aggravated battery when, in committing a battery, he
or she does any of the following:
(1) Uses a deadly weapon other than by discharge of a
firearm, or uses an air rifle as defined in Section
24.8-0.1 of this Code.
(2) Wears a hood, robe, or mask to conceal his or her
identity.

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

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

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

HB4530 - 159 - LRB102 21798 RLC 30918 b
and a maximum of 60 years.
Aggravated battery as defined in subdivision (b)(1) is a
Class X felony, except that:
(1) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;
(2) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be
added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(i) Definitions. In this Section:
"Building or other structure used to provide shelter" has
the meaning ascribed to "shelter" in Section 1 of the Domestic
Violence Shelters Act.
"Domestic violence" has the meaning ascribed to it in
Section 103 of the Illinois Domestic Violence Act of 1986.
"Domestic violence shelter" means any building or other
structure used to provide shelter or other services to victims
or to the dependent children of victims of domestic violence
pursuant to the Illinois Domestic Violence Act of 1986 or the
Domestic Violence Shelters Act, or any place within 500 feet

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of such a building or other structure in the case of a person
who is going to or from such a building or other structure.
"Firearm" has the meaning provided under Section 2-7.5 of
this Code 1.1 of the Firearm Owners Identification Card Act,
and does not include an air rifle as defined by Section
24.8-0.1 of this Code.
"Machine gun" has the meaning ascribed to it in Section
24-1 of this Code.
"Merchant" has the meaning ascribed to it in Section
16-0.1 of this Code.
"Strangle" means intentionally impeding the normal
breathing or circulation of the blood of an individual by
applying pressure on the throat or neck of that individual or
by blocking the nose or mouth of that individual.
(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
(720 ILCS 5/16-0.1)
Sec. 16-0.1. Definitions. In this Article, unless the
context clearly requires otherwise, the following terms are
defined as indicated:
"Access" means to use, instruct, communicate with, store
data in, retrieve or intercept data from, or otherwise utilize
any services of a computer.
"Coin-operated machine" includes any automatic vending
machine or any part thereof, parking meter, coin telephone,
coin-operated transit turnstile, transit fare box, coin

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

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

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

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

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

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

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

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

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

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

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

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

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or software, or any component or part thereof, used by the
provider, owner or licensee of any communication service or of
any data, audio or video programs or transmissions to protect
any such communication, audio or video services, programs or
transmissions from unauthorized access, acquisition, receipt,
decryption, disclosure, communication, transmission or
re-transmission.
"Unlawful communication device" means any electronic
serial number, mobile identification number, personal
identification number or any communication or wireless device
that is capable of acquiring or facilitating the acquisition
of a communication service without the express consent or
express authorization of the communication service provider,
or that has been altered, modified, programmed or
reprogrammed, alone or in conjunction with another
communication or wireless device or other equipment, to so
acquire or facilitate the unauthorized acquisition of a
communication service. "Unlawful communication device" also
means:
(1) any phone altered to obtain service without the
express consent or express authorization of the
communication service provider, tumbler phone, counterfeit
or clone phone, tumbler microchip, counterfeit or clone
microchip, scanning receiver of wireless communication
service or other instrument capable of disguising its
identity or location or of gaining unauthorized access to

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

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

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or demolition of buildings, structures, bridges, tunnels,
sewers, utility pipes or lines, ditches or open cuts, roads,
highways, dams, airports, or waterways or in material handling
for such projects.
The trier of fact may infer that the defendant has
knowingly changed, altered, removed, or obliterated the serial
number, product identification number, part number, component
identification number, owner-applied identification number, or
other mark of identification, if the defendant was in
possession of any machine or other equipment or a part of such
machine or equipment used in the construction, maintenance, or
demolition of buildings, structures, bridges, tunnels, sewers,
utility pipes or lines, ditches or open cuts, roads, highways,
dams, airports, or waterways or in material handling for such
projects upon which any such serial number, product
identification number, part number, component identification
number, owner-applied identification number, or other mark of
identification has been changed, altered, removed, or
obliterated.
(c) Defacement of manufacturer's serial number or
identification mark. A person commits defacement of a
manufacturer's serial number or identification mark when he or
she knowingly removes, alters, defaces, covers, or destroys
the manufacturer's serial number or any other manufacturer's
number or distinguishing identification mark upon any machine
or other article of merchandise, other than a motor vehicle as

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

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

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

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

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

HB4530 - 182 - LRB102 21798 RLC 30918 b
robed or masked in such manner as to conceal his or her
identity; or
(10) Carries or possesses on or about his or her
person, upon any public street, alley, or other public
lands within the corporate limits of a city, village, or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of such weapon or
the lawful commerce in weapons, or except when on his land
or in his or her own abode, legal dwelling, or fixed place
of business, or on the land or in the legal dwelling of
another person as an invitee with that person's
permission, any pistol, revolver, stun gun, or taser or
other firearm, except that this subsection (a) (10) does
not apply to or affect transportation of weapons that meet
one of the following conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been eligible under State and federal
law to possess a firearm issued a currently valid
Firearm Owner's Identification Card; or
(iv) are carried or possessed in accordance with
the Firearm Concealed Carry Act by a person who has
been issued a currently valid license under the
Firearm Concealed Carry Act.

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

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

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

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the time of day or the time of year, in residential
property owned, operated, or managed by a public housing
agency or leased by a public housing agency as part of a
scattered site or mixed-income development, in a public
park, in a courthouse, on the real property comprising any
school, regardless of the time of day or the time of year,
on residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity,
in any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 3 felony.
(2) A person who violates subsection 24-1(a)(1),
24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered

HB4530 - 187 - LRB102 21798 RLC 30918 b
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, in any conveyance
owned, leased or contracted by a school to transport
students to or from school or a school related activity,
in any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 4 felony. "Courthouse" means any building
that is used by the Circuit, Appellate, or Supreme Court
of this State for the conduct of official business.
(3) Paragraphs (1), (1.5), and (2) of this subsection
(c) shall not apply to law enforcement officers or
security officers of such school, college, or university
or to students carrying or possessing firearms for use in
training courses, parades, hunting, target shooting on
school ranges, or otherwise with the consent of school

HB4530 - 188 - LRB102 21798 RLC 30918 b
authorities and which firearms are transported unloaded
enclosed in a suitable case, box, or transportation
package.
(4) For the purposes of this subsection (c), "school"
means any public or private elementary or secondary
school, community college, college, or university.
(5) For the purposes of this subsection (c), "public
transportation agency" means a public or private agency
that provides for the transportation or conveyance of
persons by means available to the general public, except
for transportation by automobiles not used for conveyance
of the general public as passengers; and "public
transportation facility" means a terminal or other place
where one may obtain public transportation.
(d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found
upon the person of one of the occupants therein; or (ii) if
such weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his or her trade, then such presumption
shall not apply to the driver.

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

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

HB4530 - 191 - LRB102 21798 RLC 30918 b
opportunity to present evidence and object to the
petition;
(2) the petitioner has not been convicted of a
forcible felony under the laws of this State or any other
jurisdiction within 20 years of the filing of the
petition, or at least 20 years have passed since the end of
any period of imprisonment imposed in relation to that
conviction;
(3) the circumstances regarding a criminal conviction,
where applicable, the petitioner's criminal history and
his or her reputation are such that the petitioner will
not be likely to act in a manner dangerous to public
safety;
(4) granting relief would not be contrary to the
public interest; and
(5) granting relief would not be contrary to federal
law.
(b) It is unlawful for any person confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, to possess any weapon prohibited under Section
24-1 of this Code or any firearm or firearm ammunition,
regardless of the intent with which he possesses it.
(c) It shall be an affirmative defense to a violation of
subsection (b), that such possession was specifically
authorized by rule, regulation, or directive of the Illinois
Department of Corrections or order issued pursuant thereto.

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

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

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dwelling, or fixed place of business, or on the land or in
the legal dwelling of another person as an invitee with
that person's permission, any pistol, revolver, stun gun
or taser or other firearm; or
(2) Carries or possesses on or about his or her
person, upon any public street, alley, or other public
lands within the corporate limits of a city, village or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of such weapon or
the lawful commerce in weapons, or except when on his or
her own land or in his or her own abode, legal dwelling, or
fixed place of business, or on the land or in the legal
dwelling of another person as an invitee with that
person's permission, any pistol, revolver, stun gun or
taser or other firearm; and
(3) One of the following factors is present:
(A) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, loaded, and
immediately accessible at the time of the offense; or
(A-5) the pistol, revolver, or handgun possessed
was uncased, loaded, and immediately accessible at the
time of the offense and the person possessing the
pistol, revolver, or handgun has not been issued a
currently valid license under the Firearm Concealed
Carry Act; or
(B) the firearm, other than a pistol, revolver, or

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handgun, possessed was uncased, unloaded, and the
ammunition for the weapon was immediately accessible
at the time of the offense; or
(B-5) the pistol, revolver, or handgun possessed
was uncased, unloaded, and the ammunition for the
weapon was immediately accessible at the time of the
offense and the person possessing the pistol,
revolver, or handgun has not been issued a currently
valid license under the Firearm Concealed Carry Act;
or
(C) (blank); or the person possessing the firearm
has not been issued a currently valid Firearm Owner's
Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if committed
by an adult would be a felony; or
(E) the person possessing the weapon was engaged
in a misdemeanor violation of the Cannabis Control
Act, in a misdemeanor violation of the Illinois
Controlled Substances Act, or in a misdemeanor
violation of the Methamphetamine Control and Community
Protection Act; or
(F) (blank); or
(G) the person possessing the weapon had an order
of protection issued against him or her within the

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

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

HB4530 - 198 - LRB102 21798 RLC 30918 b
a Class X felony.
(e) The possession of each firearm in violation of this
Section constitutes a single and separate violation.
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
(720 ILCS 5/24-1.8)
Sec. 24-1.8. Unlawful possession of a firearm by a street
gang member.
(a) A person commits unlawful possession of a firearm by a
street gang member when he or she knowingly:
(1) possesses, carries, or conceals on or about his or
her person a firearm and firearm ammunition while on any
street, road, alley, gangway, sidewalk, or any other
lands, except when inside his or her own abode or inside
his or her fixed place of business, and has not been issued
a currently valid Firearm Owner's Identification Card and
is a member of a street gang; or
(2) possesses or carries in any vehicle a firearm and
firearm ammunition which are both immediately accessible
at the time of the offense while on any street, road,
alley, or any other lands, except when inside his or her
own abode or garage, and has not been issued a currently
valid Firearm Owner's Identification Card and is a member
of a street gang.
(b) Unlawful possession of a firearm by a street gang
member is a Class 2 felony for which the person, if sentenced

HB4530 - 199 - LRB102 21798 RLC 30918 b
to a term of imprisonment, shall be sentenced to no less than 3
years and no more than 10 years. A period of probation, a term
of periodic imprisonment or conditional discharge shall not be
imposed for the offense of unlawful possession of a firearm by
a street gang member when the firearm was loaded or contained
firearm ammunition and the court shall sentence the offender
to not less than the minimum term of imprisonment authorized
for the Class 2 felony.
(c) For purposes of this Section:
"Street gang" or "gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
"Street gang member" or "gang member" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(Source: P.A. 96-829, eff. 12-3-09.)
(720 ILCS 5/24-2)
(Text of Section before amendment by P.A. 102-152)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.

HB4530 - 200 - LRB102 21798 RLC 30918 b
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense,
while in the performance of their official duty, or while
commuting between their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard or the
Reserve Officers Training Corps, while in the performance
of their official duty.
(4) Special agents employed by a railroad or a public
utility to perform police functions, and guards of armored
car companies, while actually engaged in the performance
of the duties of their employment or commuting between
their homes and places of employment; and watchmen while
actually engaged in the performance of the duties of their
employment.
(5) Persons licensed as private security contractors,
private detectives, or private alarm contractors, or
employed by a private security contractor, private
detective, or private alarm contractor agency licensed by
the Department of Financial and Professional Regulation,
if their duties include the carrying of a weapon under the
provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004, while actually engaged in the performance of the
duties of their employment or commuting between their

HB4530 - 201 - LRB102 21798 RLC 30918 b
homes and places of employment. A person shall be
considered eligible for this exemption if he or she has
completed the required 20 hours of training for a private
security contractor, private detective, or private alarm
contractor, or employee of a licensed private security
contractor, private detective, or private alarm contractor
agency and 20 hours of required firearm training, and has
been issued a firearm control card by the Department of
Financial and Professional Regulation. Conditions for the
renewal of firearm control cards issued under the
provisions of this Section shall be the same as for those
cards issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control
card shall be carried by the private security contractor,
private detective, or private alarm contractor, or
employee of the licensed private security contractor,
private detective, or private alarm contractor agency at
all times when he or she is in possession of a concealable
weapon permitted by his or her firearm control card.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the
protection of persons employed and private property
related to such commercial or industrial operation, while
actually engaged in the performance of his or her duty or
traveling between sites or properties belonging to the

HB4530 - 202 - LRB102 21798 RLC 30918 b
employer, and who, as a security guard, is a member of a
security force registered with the Department of Financial
and Professional Regulation; provided that such security
guard has successfully completed a course of study,
approved by and supervised by the Department of Financial
and Professional Regulation, consisting of not less than
40 hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this
exemption if he or she has completed the required 20 hours
of training for a security officer and 20 hours of
required firearm training, and has been issued a firearm
control card by the Department of Financial and
Professional Regulation. Conditions for the renewal of
firearm control cards issued under the provisions of this
Section shall be the same as for those cards issued under
the provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004. The firearm control card shall be carried by the
security guard at all times when he or she is in possession
of a concealable weapon permitted by his or her firearm
control card.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of

HB4530 - 203 - LRB102 21798 RLC 30918 b
any investigation for the Commission.
(8) Persons employed by a financial institution as a
security guard for the protection of other employees and
property related to such financial institution, while
actually engaged in the performance of their duties,
commuting between their homes and places of employment, or
traveling between sites or properties owned or operated by
such financial institution, and who, as a security guard,
is a member of a security force registered with the
Department; provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Financial and Professional
Regulation, consisting of not less than 40 hours of
training which includes theory of law enforcement,
liability for acts, and the handling of weapons. A person
shall be considered to be eligible for this exemption if
he or she has completed the required 20 hours of training
for a security officer and 20 hours of required firearm
training, and has been issued a firearm control card by
the Department of Financial and Professional Regulation.
Conditions for renewal of firearm control cards issued
under the provisions of this Section shall be the same as
for those issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control
card shall be carried by the security guard at all times

HB4530 - 204 - LRB102 21798 RLC 30918 b
when he or she is in possession of a concealable weapon
permitted by his or her firearm control card. For purposes
of this subsection, "financial institution" means a bank,
savings and loan association, credit union or company
providing armored car services.
(9) Any person employed by an armored car company to
drive an armored car, while actually engaged in the
performance of his duties.
(10) Persons who have been classified as peace
officers pursuant to the Peace Officer Fire Investigation
Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys Appellate
Prosecutor to carry weapons pursuant to Section 7.06 of
the State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(12.5) Probation officers while in the performance of
their duties, or while commuting between their homes,
places of employment or specific locations that are part
of their assigned duties, with the consent of the chief
judge of the circuit for which they are employed, if they
have received weapons training according to requirements
of the Peace Officer and Probation Officer Firearm
Training Act.

HB4530 - 205 - LRB102 21798 RLC 30918 b
(13) Court Security Officers while in the performance
of their official duties, or while commuting between their
homes and places of employment, with the consent of the
Sheriff.
(13.5) A person employed as an armed security guard at
a nuclear energy, storage, weapons or development site or
facility regulated by the Nuclear Regulatory Commission
who has completed the background screening and training
mandated by the rules and regulations of the Nuclear
Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons
to persons authorized under subdivisions (1) through
(13.5) of this subsection to possess those weapons.
(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect any person carrying a concealed pistol, revolver,
or handgun and the person has been issued a currently valid
license under the Firearm Concealed Carry Act at the time of
the commission of the offense.
(a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect a qualified current or retired law enforcement
officer qualified under the laws of this State or under the
federal Law Enforcement Officers Safety Act.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for
the purpose of practicing shooting at targets upon

HB4530 - 206 - LRB102 21798 RLC 30918 b
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers or fishermen with a license or
permit while engaged in hunting, trapping or fishing.
(4) Transportation of weapons that are broken down in
a non-functioning state or are not immediately accessible.
(5) Carrying or possessing any pistol, revolver, stun
gun or taser or other firearm on the land or in the legal
dwelling of another person as an invitee with that
person's permission.
(c) Subsection 24-1(a)(7) does not apply to or affect any
of the following:
(1) Peace officers while in performance of their
official duties.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(4) Manufacture, transportation, or sale of machine
guns to persons authorized under subdivisions (1) through

HB4530 - 207 - LRB102 21798 RLC 30918 b
(3) of this subsection to possess machine guns, if the
machine guns are broken down in a non-functioning state or
are not immediately accessible.
(5) Persons licensed under federal law to manufacture
any weapon from which 8 or more shots or bullets can be
discharged by a single function of the firing device, or
ammunition for such weapons, and actually engaged in the
business of manufacturing such weapons or ammunition, but
only with respect to activities which are within the
lawful scope of such business, such as the manufacture,
transportation, or testing of such weapons or ammunition.
This exemption does not authorize the general private
possession of any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, but only such possession and activities as
are within the lawful scope of a licensed manufacturing
business described in this paragraph.
During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,
transfer or sale, and all lawful commercial or
experimental activities necessary thereto, of rifles,
shotguns, and weapons made from rifles or shotguns, or
ammunition for such rifles, shotguns or weapons, where
engaged in by a person operating as a contractor or

HB4530 - 208 - LRB102 21798 RLC 30918 b
subcontractor pursuant to a contract or subcontract for
the development and supply of such rifles, shotguns,
weapons or ammunition to the United States government or
any branch of the Armed Forces of the United States, when
such activities are necessary and incident to fulfilling
the terms of such contract.
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
(7) A person possessing a rifle with a barrel or
barrels less than 16 inches in length if: (A) the person
has been issued a Curios and Relics license from the U.S.
Bureau of Alcohol, Tobacco, Firearms and Explosives; or
(B) the person is an active member of a bona fide,
nationally recognized military re-enacting group and the
modification is required and necessary to accurately
portray the weapon for historical re-enactment purposes;
the re-enactor is in possession of a valid and current
re-enacting group membership credential; and the overall
length of the weapon as modified is not less than 26
inches.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a

HB4530 - 209 - LRB102 21798 RLC 30918 b
peace officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
(1) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(2) Bonafide collectors of antique or surplus military
ordnance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordnance.
(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed
by the federal government, in connection with the supply
of those organizations and persons exempted by subdivision
(g)(1) of this Section, or like organizations and persons
outside this State, or the transportation of explosive
bullets to any organization or person exempted in this

HB4530 - 210 - LRB102 21798 RLC 30918 b
Section by a common carrier or by a vehicle owned or leased
by an exempted manufacturer.
(g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device
or attachment of any kind designed, used, or intended for use
in silencing the report of any firearm, firearms, or
ammunition for those firearms equipped with those devices, and
actually engaged in the business of manufacturing those
devices, firearms, or ammunition, but only with respect to
activities that are within the lawful scope of that business,
such as the manufacture, transportation, or testing of those
devices, firearms, or ammunition. This exemption does not
authorize the general private possession of any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, but only such possession
and activities as are within the lawful scope of a licensed
manufacturing business described in this subsection (g-5).
During transportation, these devices shall be detached from
any weapon or not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
(g-7) Subsection 24-1(a)(6) does not apply to a peace
officer while serving as a member of a tactical response team

HB4530 - 211 - LRB102 21798 RLC 30918 b
or special operations team. A peace officer may not personally
own or apply for ownership of a device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm. These devices shall be owned and
maintained by lawfully recognized units of government whose
duties include the investigation of criminal acts.
(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
athlete's possession, transport on official Olympic and
Paralympic transit systems established for athletes, or use of
competition firearms sanctioned by the International Olympic
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting in
connection with such athlete's training for and participation
in shooting competitions at the 2016 Olympic and Paralympic
Games and sanctioned test events leading up to the 2016
Olympic and Paralympic Games.
(h) An information or indictment based upon a violation of
any subsection of this Article need not negative any
exemptions contained in this Article. The defendant shall have
the burden of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm
consigned to a common carrier operating under license of the
State of Illinois or the federal government, where such

HB4530 - 212 - LRB102 21798 RLC 30918 b
transportation, carrying, or possession is incident to the
lawful transportation in which such common carrier is engaged;
and nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession of any
pistol, revolver, stun gun, taser, or other firearm, not the
subject of and regulated by subsection 24-1(a)(7) or
subsection 24-2(c) of this Article, which is unloaded and
enclosed in a case, firearm carrying box, shipping box, or
other container, by the possessor of a valid Firearm Owners
Identification Card.
(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
(Text of Section after amendment by P.A. 102-152)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense,
while in the performance of their official duty, or while
commuting between their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of

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the United States or the Illinois National Guard or the
Reserve Officers Training Corps, while in the performance
of their official duty.
(4) Special agents employed by a railroad or a public
utility to perform police functions, and guards of armored
car companies, while actually engaged in the performance
of the duties of their employment or commuting between
their homes and places of employment; and watchmen while
actually engaged in the performance of the duties of their
employment.
(5) Persons licensed as private security contractors,
private detectives, or private alarm contractors, or
employed by a private security contractor, private
detective, or private alarm contractor agency licensed by
the Department of Financial and Professional Regulation,
if their duties include the carrying of a weapon under the
provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004, while actually engaged in the performance of the
duties of their employment or commuting between their
homes and places of employment. A person shall be
considered eligible for this exemption if he or she has
completed the required 20 hours of training for a private
security contractor, private detective, or private alarm
contractor, or employee of a licensed private security
contractor, private detective, or private alarm contractor

HB4530 - 214 - LRB102 21798 RLC 30918 b
agency and 28 hours of required firearm training, and has
been issued a firearm control card by the Department of
Financial and Professional Regulation. Conditions for the
renewal of firearm control cards issued under the
provisions of this Section shall be the same as for those
cards issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control
card shall be carried by the private security contractor,
private detective, or private alarm contractor, or
employee of the licensed private security contractor,
private detective, or private alarm contractor agency at
all times when he or she is in possession of a concealable
weapon permitted by his or her firearm control card.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the
protection of persons employed and private property
related to such commercial or industrial operation, while
actually engaged in the performance of his or her duty or
traveling between sites or properties belonging to the
employer, and who, as a security guard, is a member of a
security force registered with the Department of Financial
and Professional Regulation; provided that such security
guard has successfully completed a course of study,
approved by and supervised by the Department of Financial
and Professional Regulation, consisting of not less than

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

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

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

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

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

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

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

HB4530 - 222 - LRB102 21798 RLC 30918 b
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
(1) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(2) Bonafide collectors of antique or surplus military
ordnance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordnance.
(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed
by the federal government, in connection with the supply
of those organizations and persons exempted by subdivision
(g)(1) of this Section, or like organizations and persons
outside this State, or the transportation of explosive
bullets to any organization or person exempted in this
Section by a common carrier or by a vehicle owned or leased
by an exempted manufacturer.
(g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device
or attachment of any kind designed, used, or intended for use
in silencing the report of any firearm, firearms, or

HB4530 - 223 - LRB102 21798 RLC 30918 b
ammunition for those firearms equipped with those devices, and
actually engaged in the business of manufacturing those
devices, firearms, or ammunition, but only with respect to
activities that are within the lawful scope of that business,
such as the manufacture, transportation, or testing of those
devices, firearms, or ammunition. This exemption does not
authorize the general private possession of any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, but only such possession
and activities as are within the lawful scope of a licensed
manufacturing business described in this subsection (g-5).
During transportation, these devices shall be detached from
any weapon or not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
(g-7) Subsection 24-1(a)(6) does not apply to a peace
officer while serving as a member of a tactical response team
or special operations team. A peace officer may not personally
own or apply for ownership of a device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm. These devices shall be owned and
maintained by lawfully recognized units of government whose
duties include the investigation of criminal acts.

HB4530 - 224 - LRB102 21798 RLC 30918 b
(g-10) (Blank).
(h) An information or indictment based upon a violation of
any subsection of this Article need not negative any
exemptions contained in this Article. The defendant shall have
the burden of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm
consigned to a common carrier operating under license of the
State of Illinois or the federal government, where such
transportation, carrying, or possession is incident to the
lawful transportation in which such common carrier is engaged;
and nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession of any
pistol, revolver, stun gun, taser, or other firearm, not the
subject of and regulated by subsection 24-1(a)(7) or
subsection 24-2(c) of this Article, which is unloaded and
enclosed in a case, firearm carrying box, shipping box, or
other container, by a person eligible under State and federal
law to possess a firearm the possessor of a valid Firearm
Owners Identification Card.
(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(A) A person commits the offense of unlawful sale or

HB4530 - 225 - LRB102 21798 RLC 30918 b
delivery of firearms when he or she knowingly does any of the
following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of
age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction.
(e) Sells or gives any firearm to any person who has
been a patient in a mental institution within the past 5
years. In this subsection (e):
"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used
primarily for the care or treatment of persons with
mental illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness.

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

HB4530 - 227 - LRB102 21798 RLC 30918 b
as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 at competitive shooting
events held at the World Shooting Complex sanctioned by a
national governing body. For purposes of transfers or
sales under subparagraph (5) of this paragraph (g), the
Department of Natural Resources shall give notice to the
Illinois State Police at least 30 calendar days prior to
any competitive shooting events at the World Shooting
Complex sanctioned by a national governing body. The
notification shall be made on a form prescribed by the
Illinois State Police. The sanctioning body shall provide
a list of all registered competitors and attendees at
least 24 hours before the events to the Illinois State
Police. Any changes to the list of registered competitors
and attendees shall be forwarded to the Illinois State
Police as soon as practicable. The Illinois State Police
must destroy the list of registered competitors and
attendees no later than 30 days after the date of the
event. Nothing in this paragraph (g) relieves a federally
licensed firearm dealer from the requirements of
conducting a NICS background check through the Illinois
Point of Contact under 18 U.S.C. 922(t). For purposes of
this paragraph (g), "application" means when the buyer and
seller reach an agreement to purchase a firearm. For
purposes of this paragraph (g), "national governing body"
means a group of persons who adopt rules and formulate

HB4530 - 228 - LRB102 21798 RLC 30918 b
policy on behalf of a national firearm sporting
organization.
(h) While holding any license as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control
Act of 1968, manufactures, sells or delivers to any
unlicensed person a handgun having a barrel, slide, frame
or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" has the meaning
provided in Section 2-7.5 of the Criminal Code of 2012 is
defined as in the Firearm Owners Identification Card Act;
and (2) "handgun" is defined as a firearm designed to be
held and fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be
assembled.
(i) Sells or gives a firearm of any size to any person
under 18 years of age who is not eligible under State or
federal law to possess a firearm does not possess a valid
Firearm Owner's Identification Card.
(j) Sells or gives a firearm while engaged in the
business of selling firearms at wholesale or retail
without being licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923). In this paragraph (j):
A person "engaged in the business" means a person who

HB4530 - 229 - LRB102 21798 RLC 30918 b
devotes time, attention, and labor to engaging in the
activity as a regular course of trade or business with the
principal objective of livelihood and profit, but does not
include a person who makes occasional repairs of firearms
or who occasionally fits special barrels, stocks, or
trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other
intents, such as improving or liquidating a personal
firearms collection; however, proof of profit shall not be
required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for
criminal purposes or terrorism.
(k) (Blank). Sells or transfers ownership of a firearm
to a person who does not display to the seller or
transferor of the firearm either: (1) a currently valid
Firearm Owner's Identification Card that has previously
been issued in the transferee's name by the Illinois State
Police under the provisions of the Firearm Owners
Identification Card Act; or (2) a currently valid license
to carry a concealed firearm that has previously been
issued in the transferee's name by the Illinois State
Police under the Firearm Concealed Carry Act. This
paragraph (k) does not apply to the transfer of a firearm

HB4530 - 230 - LRB102 21798 RLC 30918 b
to a person who is exempt from the requirement of
possessing a Firearm Owner's Identification Card under
Section 2 of the Firearm Owners Identification Card Act.
For the purposes of this Section, a currently valid
Firearm Owner's Identification Card or license to carry a
concealed firearm means receipt of an approval number
issued in accordance with subsection (a-10) of subsection
3 or Section 3.1 of the Firearm Owners Identification Card
Act.
(1) (Blank). In addition to the other requirements
of this paragraph (k), all persons who are not
federally licensed firearms dealers must also have
complied with subsection (a-10) of Section 3 of the
Firearm Owners Identification Card Act by determining
the validity of a purchaser's Firearm Owner's
Identification Card.
(2) (Blank). All sellers or transferors who have
complied with the requirements of subparagraph (1) of
this paragraph (k) shall not be liable for damages in
any civil action arising from the use or misuse by the
transferee of the firearm transferred, except for
willful or wanton misconduct on the part of the seller
or transferor.
(l) Not being entitled to the possession of a firearm,
delivers the firearm, knowing it to have been stolen or
converted. It may be inferred that a person who possesses

HB4530 - 231 - LRB102 21798 RLC 30918 b
a firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is
stolen or converted.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment
of Public Act 78-355 subject to confiscation or seizure under
the provisions of that Public Act. Nothing in Public Act
78-355 shall be construed to prohibit the gift or trade of any
firearm if that firearm was legally held or acquired within 6
months after the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (c), (e), (f), (g),
or (h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) of subsection
(A) commits a Class 2 felony.
(4) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property

HB4530 - 232 - LRB102 21798 RLC 30918 b
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony. Any person convicted of a second or
subsequent violation of unlawful sale or delivery of
firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony for which the sentence shall be a term of
imprisonment of no less than 5 years and no more than 15
years.
(5) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) or (i) of
subsection (A) in residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income

HB4530 - 233 - LRB102 21798 RLC 30918 b
development, in a public park, in a courthouse, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, or on any public
way within 1,000 feet of the real property comprising any
public park, courthouse, or residential property owned,