Bill Text: IL SB0058 | 2019-2020 | 101st General Assembly | Introduced


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

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2019-01-30 - Added as Chief Co-Sponsor Sen. Jason Plummer [SB0058 Detail]

Download: Illinois-2019-SB0058-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0058

Introduced 1/16/2019, by Sen. Neil Anderson

SYNOPSIS AS INTRODUCED:
See Index

Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB0058LRB101 05104 SLF 50115 b
1 AN ACT concerning firearms.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other records
19 prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating

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

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

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

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

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

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1 temporary labor service agencies but are exempt from
2 disclosure under subsection (a-1) of Section 45 of the Day
3 and Temporary Labor Services Act.
4 (kk) Information prohibited from disclosure under the
5 Seizure and Forfeiture Reporting Act.
6 (ll) Information the disclosure of which is restricted
7 and exempted under Section 5-30.8 of the Illinois Public
8 Aid Code.
9 (mm) (ll) Records that are exempt from disclosure under
10 Section 4.2 of the Crime Victims Compensation Act.
11 (nn) (ll) Information that is exempt from disclosure
12 under Section 70 of the Higher Education Student Assistance
13 Act.
14(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
15eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
1699-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
17100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
188-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
19eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
20100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
2110-12-18.)
22 Section 10. The Department of State Police Law of the Civil
23Administrative Code of Illinois is amended by changing Sections
242605-45, 2605-300, and 2605-595 as follows:

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1 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
2 Sec. 2605-45. Division of Administration. The Division of
3Administration shall exercise the following functions:
4 (1) Exercise the rights, powers, and duties vested in
5 the Department by the Governor's Office of Management and
6 Budget Act.
7 (2) Pursue research and the publication of studies
8 pertaining to local law enforcement activities.
9 (3) Exercise the rights, powers, and duties vested in
10 the Department by the Personnel Code.
11 (4) Operate an electronic data processing and computer
12 center for the storage and retrieval of data pertaining to
13 criminal activity.
14 (5) Exercise the rights, powers, and duties vested in
15 the former Division of State Troopers by Section 17 of the
16 State Police Act.
17 (6) Exercise the rights, powers, and duties vested in
18 the Department by "An Act relating to internal auditing in
19 State government", approved August 11, 1967 (repealed; now
20 the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
21 (6.5) (Blank). Exercise the rights, powers, and duties
22 vested in the Department by the Firearm Owners
23 Identification Card Act.
24 (7) Exercise other duties that may be assigned by the
25 Director to fulfill the responsibilities and achieve the
26 purposes of the Department.

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1(Source: P.A. 94-793, eff. 5-19-06.)
2 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
3 Sec. 2605-300. Records; crime laboratories; personnel. To
4do the following:
5 (1) Be a central repository and custodian of criminal
6 statistics for the State.
7 (2) Be a central repository for criminal history record
8 information.
9 (3) Procure and file for record information that is
10 necessary and helpful to plan programs of crime prevention,
11 law enforcement, and criminal justice.
12 (4) Procure and file for record copies of fingerprints
13 that may be required by law.
14 (5) Establish general and field crime laboratories.
15 (6) Register and file for record information that may
16 be required by law for the issuance of firearm owner's
17 identification cards under the Firearm Owners
18 Identification Card Act and concealed carry licenses under
19 the Firearm Concealed Carry Act.
20 (7) Employ laboratory technicians and other specially
21 qualified persons to aid in the identification of criminal
22 activity, and may employ polygraph operators.
23 (8) Undertake other identification, information,
24 laboratory, statistical, or registration activities that
25 may be required by law.

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1(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)
2 (20 ILCS 2605/2605-595)
3 Sec. 2605-595. State Police Firearm Services Fund.
4 (a) There is created in the State treasury a special fund
5known as the State Police Firearm Services Fund. The Fund shall
6receive revenue under the Firearm Concealed Carry Act and
7Section 5 of the Firearm Owners Identification Card Act. The
8Fund may also receive revenue from grants, pass-through grants,
9donations, appropriations, and any other legal source.
10 (b) The Department of State Police may use moneys in the
11Fund to finance any of its lawful purposes, mandates,
12functions, and duties under the Firearm Owners Identification
13Card Act and the Firearm Concealed Carry Act, including the
14cost of sending notices of expiration of Firearm Owner's
15Identification Cards, concealed carry licenses, the prompt and
16efficient processing of applications under the Firearm Owners
17Identification Card Act and the Firearm Concealed Carry Act,
18the improved efficiency and reporting of the LEADS and federal
19NICS law enforcement data systems, and support for
20investigations required under that Act these Acts and law. Any
21surplus funds beyond what is needed to comply with the
22aforementioned purposes shall be used by the Department to
23improve the Law Enforcement Agencies Data System (LEADS) and
24criminal history background check system.
25 (c) Investment income that is attributable to the

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1investment of moneys in the Fund shall be retained in the Fund
2for the uses specified in this Section.
3(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
4 (20 ILCS 2605/2605-120 rep.)
5 Section 15. The Department of State Police Law of the Civil
6Administrative Code of Illinois is amended by repealing Section
72605-120.
8 Section 20. The Criminal Identification Act is amended by
9changing Section 2.2 as follows:
10 (20 ILCS 2630/2.2)
11 Sec. 2.2. Notification to the Department. Upon judgment of
12conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
1312-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
14Code of 2012 when the defendant has been determined, pursuant
15to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
16to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the
17circuit court clerk shall include notification and a copy of
18the written determination in a report of the conviction to the
19Department of State Police Firearm Owner's Identification Card
20Office to enable the Department office to perform its duties
21under the Firearm Concealed Carry Act and Sections 4 and 8 of
22the Firearm Owners Identification Card Act and to report that
23determination to the Federal Bureau of Investigation to assist

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

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

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1firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
2"An Act relating to the acquisition, possession and transfer of
3firearms and firearm ammunition, to provide a penalty for the
4violation thereof and to make an appropriation in connection
5therewith", approved August 3, 1967, as amended.
6(Source: P.A. 98-725, eff. 1-1-15.)
7 Section 35. The School Code is amended by changing Sections
810-22.6, 10-27.1A and 34-8.05 as follows:
9 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
10 Sec. 10-22.6. Suspension or expulsion of pupils; school
11searches.
12 (a) To expel pupils guilty of gross disobedience or
13misconduct, including gross disobedience or misconduct
14perpetuated by electronic means, pursuant to subsection (b-20)
15of this Section, and no action shall lie against them for such
16expulsion. Expulsion shall take place only after the parents
17have been requested to appear at a meeting of the board, or
18with a hearing officer appointed by it, to discuss their
19child's behavior. Such request shall be made by registered or
20certified mail and shall state the time, place and purpose of
21the meeting. The board, or a hearing officer appointed by it,
22at such meeting shall state the reasons for dismissal and the
23date on which the expulsion is to become effective. If a
24hearing officer is appointed by the board, he shall report to

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1the board a written summary of the evidence heard at the
2meeting and the board may take such action thereon as it finds
3appropriate. If the board acts to expel a pupil, the written
4expulsion decision shall detail the specific reasons why
5removing the pupil from the learning environment is in the best
6interest of the school. The expulsion decision shall also
7include a rationale as to the specific duration of the
8expulsion. An expelled pupil may be immediately transferred to
9an alternative program in the manner provided in Article 13A or
1013B of this Code. A pupil must not be denied transfer because
11of the expulsion, except in cases in which such transfer is
12deemed to cause a threat to the safety of students or staff in
13the alternative program.
14 (b) To suspend or by policy to authorize the superintendent
15of the district or the principal, assistant principal, or dean
16of students of any school to suspend pupils guilty of gross
17disobedience or misconduct, or to suspend pupils guilty of
18gross disobedience or misconduct on the school bus from riding
19the school bus, pursuant to subsections (b-15) and (b-20) of
20this Section, and no action shall lie against them for such
21suspension. The board may by policy authorize the
22superintendent of the district or the principal, assistant
23principal, or dean of students of any school to suspend pupils
24guilty of such acts for a period not to exceed 10 school days.
25If a pupil is suspended due to gross disobedience or misconduct
26on a school bus, the board may suspend the pupil in excess of

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

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

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

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

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

SB0058- 21 -LRB101 05104 SLF 50115 b
1 regardless of its composition, a billy club, or any other
2 object if used or attempted to be used to cause bodily
3 harm, including "look alikes" of any firearm as defined in
4 subdivision (1) of this subsection (d). The expulsion
5 requirement under this subdivision (2) may be modified by
6 the superintendent, and the superintendent's determination
7 may be modified by the board on a case-by-case basis.
8Expulsion or suspension shall be construed in a manner
9consistent with the federal Federal Individuals with
10Disabilities Education Act. A student who is subject to
11suspension or expulsion as provided in this Section may be
12eligible for a transfer to an alternative school program in
13accordance with Article 13A of the School Code.
14 (d-5) The board may suspend or by regulation authorize the
15superintendent of the district or the principal, assistant
16principal, or dean of students of any school to suspend a
17student for a period not to exceed 10 school days or may expel
18a student for a definite period of time not to exceed 2
19calendar years, as determined on a case-by-case basis, if (i)
20that student has been determined to have made an explicit
21threat on an Internet website against a school employee, a
22student, or any school-related personnel, (ii) the Internet
23website through which the threat was made is a site that was
24accessible within the school at the time the threat was made or
25was available to third parties who worked or studied within the
26school grounds at the time the threat was made, and (iii) the

SB0058- 22 -LRB101 05104 SLF 50115 b
1threat could be reasonably interpreted as threatening to the
2safety and security of the threatened individual because of his
3or her duties or employment status or status as a student
4inside the school.
5 (e) To maintain order and security in the schools, school
6authorities may inspect and search places and areas such as
7lockers, desks, parking lots, and other school property and
8equipment owned or controlled by the school, as well as
9personal effects left in those places and areas by students,
10without notice to or the consent of the student, and without a
11search warrant. As a matter of public policy, the General
12Assembly finds that students have no reasonable expectation of
13privacy in these places and areas or in their personal effects
14left in these places and areas. School authorities may request
15the assistance of law enforcement officials for the purpose of
16conducting inspections and searches of lockers, desks, parking
17lots, and other school property and equipment owned or
18controlled by the school for illegal drugs, weapons, or other
19illegal or dangerous substances or materials, including
20searches conducted through the use of specially trained dogs.
21If a search conducted in accordance with this Section produces
22evidence that the student has violated or is violating either
23the law, local ordinance, or the school's policies or rules,
24such evidence may be seized by school authorities, and
25disciplinary action may be taken. School authorities may also
26turn over such evidence to law enforcement authorities.

SB0058- 23 -LRB101 05104 SLF 50115 b
1 (f) Suspension or expulsion may include suspension or
2expulsion from school and all school activities and a
3prohibition from being present on school grounds.
4 (g) A school district may adopt a policy providing that if
5a student is suspended or expelled for any reason from any
6public or private school in this or any other state, the
7student must complete the entire term of the suspension or
8expulsion in an alternative school program under Article 13A of
9this Code or an alternative learning opportunities program
10under Article 13B of this Code before being admitted into the
11school district if there is no threat to the safety of students
12or staff in the alternative program.
13 (h) School officials shall not advise or encourage students
14to drop out voluntarily due to behavioral or academic
15difficulties.
16 (i) A student may not be issued a monetary fine or fee as a
17disciplinary consequence, though this shall not preclude
18requiring a student to provide restitution for lost, stolen, or
19damaged property.
20 (j) Subsections (a) through (i) of this Section shall apply
21to elementary and secondary schools, charter schools, special
22charter districts, and school districts organized under
23Article 34 of this Code.
24 (k) The expulsion of children enrolled in programs funded
25under Section 1C-2 of this Code is subject to the requirements
26under paragraph (7) of subsection (a) of Section 2-3.71 of this

SB0058- 24 -LRB101 05104 SLF 50115 b
1Code.
2 (l) Beginning with the 2018-2019 school year, an in-school
3suspension program provided by a school district for any
4students in kindergarten through grade 12 may focus on
5promoting non-violent conflict resolution and positive
6interaction with other students and school personnel. A school
7district may employ a school social worker or a licensed mental
8health professional to oversee an in-school suspension program
9in kindergarten through grade 12.
10(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;
11100-810, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1035, eff.
128-22-18; revised 10-1-18.)
13 (105 ILCS 5/10-27.1A)
14 Sec. 10-27.1A. Firearms in schools.
15 (a) All school officials, including teachers, guidance
16counselors, and support staff, shall immediately notify the
17office of the principal in the event that they observe any
18person in possession of a firearm on school grounds; provided
19that taking such immediate action to notify the office of the
20principal would not immediately endanger the health, safety, or
21welfare of students who are under the direct supervision of the
22school official or the school official. If the health, safety,
23or welfare of students under the direct supervision of the
24school official or of the school official is immediately
25endangered, the school official shall notify the office of the

SB0058- 25 -LRB101 05104 SLF 50115 b
1principal as soon as the students under his or her supervision
2and he or she are no longer under immediate danger. A report is
3not required by this Section when the school official knows
4that the person in possession of the firearm is a law
5enforcement official engaged in the conduct of his or her
6official duties. Any school official acting in good faith who
7makes such a report under this Section shall have immunity from
8any civil or criminal liability that might otherwise be
9incurred as a result of making the report. The identity of the
10school official making such report shall not be disclosed
11except as expressly and specifically authorized by law.
12Knowingly and willfully failing to comply with this Section is
13a petty offense. A second or subsequent offense is a Class C
14misdemeanor.
15 (b) Upon receiving a report from any school official
16pursuant to this Section, or from any other person, the
17principal or his or her designee shall immediately notify a
18local law enforcement agency. If the person found to be in
19possession of a firearm on school grounds is a student, the
20principal or his or her designee shall also immediately notify
21that student's parent or guardian. Any principal or his or her
22designee acting in good faith who makes such reports under this
23Section shall have immunity from any civil or criminal
24liability that might otherwise be incurred or imposed as a
25result of making the reports. Knowingly and willfully failing
26to comply with this Section is a petty offense. A second or

SB0058- 26 -LRB101 05104 SLF 50115 b
1subsequent offense is a Class C misdemeanor. If the person
2found to be in possession of the firearm on school grounds is a
3minor, the law enforcement agency shall detain that minor until
4such time as the agency makes a determination pursuant to
5clause (a) of subsection (1) of Section 5-401 of the Juvenile
6Court Act of 1987, as to whether the agency reasonably believes
7that the minor is delinquent. If the law enforcement agency
8determines that probable cause exists to believe that the minor
9committed a violation of item (4) of subsection (a) of Section
1024-1 of the Criminal Code of 2012 while on school grounds, the
11agency shall detain the minor for processing pursuant to
12Section 5-407 of the Juvenile Court Act of 1987.
13 (c) On or after January 1, 1997, upon receipt of any
14written, electronic, or verbal report from any school personnel
15regarding a verified incident involving a firearm in a school
16or on school owned or leased property, including any conveyance
17owned, leased, or used by the school for the transport of
18students or school personnel, the superintendent or his or her
19designee shall report all such firearm-related incidents
20occurring in a school or on school property to the local law
21enforcement authorities immediately and to the Department of
22State Police in a form, manner, and frequency as prescribed by
23the Department of State Police.
24 The State Board of Education shall receive an annual
25statistical compilation and related data associated with
26incidents involving firearms in schools from the Department of

SB0058- 27 -LRB101 05104 SLF 50115 b
1State Police. The State Board of Education shall compile this
2information by school district and make it available to the
3public.
4 (d) As used in this Section, the term "firearm" shall have
5the meaning ascribed to it in Section 2-7.5 of the Criminal
6Code of 2012 1.1 of the Firearm Owners Identification Card Act.
7 As used in this Section, the term "school" means any public
8or private elementary or secondary school.
9 As used in this Section, the term "school grounds" includes
10the real property comprising any school, any conveyance owned,
11leased, or contracted by a school to transport students to or
12from school or a school-related activity, or any public way
13within 1,000 feet of the real property comprising any school.
14(Source: P.A. 97-1150, eff. 1-25-13.)
15 (105 ILCS 5/34-8.05)
16 Sec. 34-8.05. Reporting firearms in schools. On or after
17January 1, 1997, upon receipt of any written, electronic, or
18verbal report from any school personnel regarding a verified
19incident involving a firearm in a school or on school owned or
20leased property, including any conveyance owned, leased, or
21used by the school for the transport of students or school
22personnel, the general superintendent or his or her designee
23shall report all such firearm-related incidents occurring in a
24school or on school property to the local law enforcement
25authorities no later than 24 hours after the occurrence of the

SB0058- 28 -LRB101 05104 SLF 50115 b
1incident and to the Department of State Police in a form,
2manner, and frequency as prescribed by the Department of State
3Police.
4 The State Board of Education shall receive an annual
5statistical compilation and related data associated with
6incidents involving firearms in schools from the Department of
7State Police. As used in this Section, the term "firearm" shall
8have the meaning ascribed to it in Section 2-7.5 of the
9Criminal Code of 2012 1.1 of the Firearm Owners Identification
10Card Act.
11(Source: P.A. 89-498, eff. 6-27-96.)
12 Section 40. The Illinois Explosives Act is amended by
13changing Section 2005 as follows:
14 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
15 Sec. 2005. Qualifications for licensure.
16 (a) No person shall qualify to hold a license who:
17 (1) is under 21 years of age;
18 (2) has been convicted in any court of a crime
19 punishable by imprisonment for a term exceeding one year;
20 (3) is under indictment for a crime punishable by
21 imprisonment for a term exceeding one year;
22 (4) is a fugitive from justice;
23 (5) is an unlawful user of or addicted to any
24 controlled substance as defined in Section 102 of the

SB0058- 29 -LRB101 05104 SLF 50115 b
1 federal Controlled Substances Act (21 U.S.C. Sec. 802 et
2 seq.);
3 (6) has been adjudicated a person with a mental
4 disability as defined in Section 6-103.1 of the Mental
5 Health and Developmental Disabilities Code 1.1 of the
6 Firearm Owners Identification Card Act; or
7 (7) is not a legal citizen of the United States.
8 (b) A person who has been granted a "relief from
9disabilities" regarding criminal convictions and indictments,
10pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
11845) may receive a license provided all other qualifications
12under this Act are met.
13(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
14 Section 45. The Private Detective, Private Alarm, Private
15Security, and Locksmith Act of 2004 is amended by changing
16Sections 35-30 and 35-35 as follows:
17 (225 ILCS 447/35-30)
18 (Section scheduled to be repealed on January 1, 2024)
19 Sec. 35-30. Employee requirements. All employees of a
20licensed agency, other than those exempted, shall apply for a
21permanent employee registration card. The holder of an agency
22license issued under this Act, known in this Section as
23"employer", may employ in the conduct of his or her business
24employees under the following provisions:

SB0058- 30 -LRB101 05104 SLF 50115 b
1 (a) No person shall be issued a permanent employee
2registration card who:
3 (1) Is younger than 18 years of age.
4 (2) Is younger than 21 years of age if the services
5 will include being armed.
6 (3) Has been determined by the Department to be unfit
7 by reason of conviction of an offense in this or another
8 state, including registration as a sex offender, but not
9 including a traffic offense. Persons convicted of felonies
10 involving bodily harm, weapons, violence, or theft within
11 the previous 10 years shall be presumed to be unfit for
12 registration. The Department shall adopt rules for making
13 those determinations that shall afford the applicant due
14 process of law.
15 (4) Has had a license or permanent employee
16 registration card denied, suspended, or revoked under this
17 Act (i) within one year before the date the person's
18 application for permanent employee registration card is
19 received by the Department; and (ii) that refusal, denial,
20 suspension, or revocation was based on any provision of
21 this Act other than Section 40-50, item (6) or (8) of
22 subsection (a) of Section 15-10, subsection (b) of Section
23 15-10, item (6) or (8) of subsection (a) of Section 20-10,
24 subsection (b) of Section 20-10, item (6) or (8) of
25 subsection (a) of Section 25-10, subsection (b) of Section
26 25-10, item (7) of subsection (a) of Section 30-10,

SB0058- 31 -LRB101 05104 SLF 50115 b
1 subsection (b) of Section 30-10, or Section 10-40.
2 (5) Has been declared incompetent by any court of
3 competent jurisdiction by reason of mental disease or
4 defect and has not been restored.
5 (6) Has been dishonorably discharged from the armed
6 services of the United States.
7 (b) No person may be employed by a private detective
8agency, private security contractor agency, private alarm
9contractor agency, fingerprint vendor agency, or locksmith
10agency under this Section until he or she has executed and
11furnished to the employer, on forms furnished by the
12Department, a verified statement to be known as "Employee's
13Statement" setting forth:
14 (1) The person's full name, age, and residence address.
15 (2) The business or occupation engaged in for the 5
16 years immediately before the date of the execution of the
17 statement, the place where the business or occupation was
18 engaged in, and the names of employers, if any.
19 (3) That the person has not had a license or employee
20 registration denied, revoked, or suspended under this Act
21 (i) within one year before the date the person's
22 application for permanent employee registration card is
23 received by the Department; and (ii) that refusal, denial,
24 suspension, or revocation was based on any provision of
25 this Act other than Section 40-50, item (6) or (8) of
26 subsection (a) of Section 15-10, subsection (b) of Section

SB0058- 32 -LRB101 05104 SLF 50115 b
1 15-10, item (6) or (8) of subsection (a) of Section 20-10,
2 subsection (b) of Section 20-10, item (6) or (8) of
3 subsection (a) of Section 25-10, subsection (b) of Section
4 25-10, item (7) of subsection (a) of Section 30-10,
5 subsection (b) of Section 30-10, or Section 10-40.
6 (4) Any conviction of a felony or misdemeanor.
7 (5) Any declaration of incompetence by a court of
8 competent jurisdiction that has not been restored.
9 (6) Any dishonorable discharge from the armed services
10 of the United States.
11 (7) Any other information as may be required by any
12 rule of the Department to show the good character,
13 competency, and integrity of the person executing the
14 statement.
15 (c) Each applicant for a permanent employee registration
16card shall have his or her fingerprints submitted to the
17Department of State Police in an electronic format that
18complies with the form and manner for requesting and furnishing
19criminal history record information as prescribed by the
20Department of State Police. These fingerprints shall be checked
21against the Department of State Police and Federal Bureau of
22Investigation criminal history record databases now and
23hereafter filed. The Department of State Police shall charge
24applicants a fee for conducting the criminal history records
25check, which shall be deposited in the State Police Services
26Fund and shall not exceed the actual cost of the records check.

SB0058- 33 -LRB101 05104 SLF 50115 b
1The Department of State Police shall furnish, pursuant to
2positive identification, records of Illinois convictions to
3the Department. The Department may require applicants to pay a
4separate fingerprinting fee, either to the Department or
5directly to the vendor. The Department, in its discretion, may
6allow an applicant who does not have reasonable access to a
7designated vendor to provide his or her fingerprints in an
8alternative manner. The Department, in its discretion, may also
9use other procedures in performing or obtaining criminal
10background checks of applicants. Instead of submitting his or
11her fingerprints, an individual may submit proof that is
12satisfactory to the Department that an equivalent security
13clearance has been conducted. Also, an individual who has
14retired as a peace officer within 12 months of application may
15submit verification, on forms provided by the Department and
16signed by his or her employer, of his or her previous full-time
17employment as a peace officer.
18 (d) The Department shall issue a permanent employee
19registration card, in a form the Department prescribes, to all
20qualified applicants. The holder of a permanent employee
21registration card shall carry the card at all times while
22actually engaged in the performance of the duties of his or her
23employment. Expiration and requirements for renewal of
24permanent employee registration cards shall be established by
25rule of the Department. Possession of a permanent employee
26registration card does not in any way imply that the holder of

SB0058- 34 -LRB101 05104 SLF 50115 b
1the card is employed by an agency unless the permanent employee
2registration card is accompanied by the employee
3identification card required by subsection (f) of this Section.
4 (e) Each employer shall maintain a record of each employee
5that is accessible to the duly authorized representatives of
6the Department. The record shall contain the following
7information:
8 (1) A photograph taken within 10 days of the date that
9 the employee begins employment with the employer. The
10 photograph shall be replaced with a current photograph
11 every 3 calendar years.
12 (2) The Employee's Statement specified in subsection
13 (b) of this Section.
14 (3) All correspondence or documents relating to the
15 character and integrity of the employee received by the
16 employer from any official source or law enforcement
17 agency.
18 (4) In the case of former employees, the employee
19 identification card of that person issued under subsection
20 (f) of this Section. Each employee record shall duly note
21 if the employee is employed in an armed capacity. Armed
22 employee files shall contain a copy of an active firearm
23 owner's identification card and a copy of an active firearm
24 control card. Each employer shall maintain a record for
25 each armed employee of each instance in which the
26 employee's weapon was discharged during the course of his

SB0058- 35 -LRB101 05104 SLF 50115 b
1 or her professional duties or activities. The record shall
2 be maintained on forms provided by the Department, a copy
3 of which must be filed with the Department within 15 days
4 of an instance. The record shall include the date and time
5 of the occurrence, the circumstances involved in the
6 occurrence, and any other information as the Department may
7 require. Failure to provide this information to the
8 Department or failure to maintain the record as a part of
9 each armed employee's permanent file is grounds for
10 disciplinary action. The Department, upon receipt of a
11 report, shall have the authority to make any investigation
12 it considers appropriate into any occurrence in which an
13 employee's weapon was discharged and to take disciplinary
14 action as may be appropriate.
15 (5) A copy of the employee's permanent employee
16 registration card or a copy of the Department's "License
17 Lookup" Webpage showing that the employee has been issued a
18 valid permanent employee registration card by the
19 Department.
20 The Department may, by rule, prescribe further record
21requirements.
22 (f) Every employer shall furnish an employee
23identification card to each of his or her employees. This
24employee identification card shall contain a recent photograph
25of the employee, the employee's name, the name and agency
26license number of the employer, the employee's personal

SB0058- 36 -LRB101 05104 SLF 50115 b
1description, the signature of the employer, the signature of
2that employee, the date of issuance, and an employee
3identification card number.
4 (g) No employer may issue an employee identification card
5to any person who is not employed by the employer in accordance
6with this Section or falsely state or represent that a person
7is or has been in his or her employ. It is unlawful for an
8applicant for registered employment to file with the Department
9the fingerprints of a person other than himself or herself.
10 (h) Every employer shall obtain the identification card of
11every employee who terminates employment with him or her.
12 (i) Every employer shall maintain a separate roster of the
13names of all employees currently working in an armed capacity
14and submit the roster to the Department on request.
15 (j) No agency may employ any person to perform a licensed
16activity under this Act unless the person possesses a valid
17permanent employee registration card or a valid license under
18this Act, or is exempt pursuant to subsection (n).
19 (k) Notwithstanding the provisions of subsection (j), an
20agency may employ a person in a temporary capacity if all of
21the following conditions are met:
22 (1) The agency completes in its entirety and submits to
23 the Department an application for a permanent employee
24 registration card, including the required fingerprint
25 receipt and fees.
26 (2) The agency has verification from the Department

SB0058- 37 -LRB101 05104 SLF 50115 b
1 that the applicant has no record of any criminal conviction
2 pursuant to the criminal history check conducted by the
3 Department of State Police. The agency shall maintain the
4 verification of the results of the Department of State
5 Police criminal history check as part of the employee
6 record as required under subsection (e) of this Section.
7 (3) The agency exercises due diligence to ensure that
8 the person is qualified under the requirements of the Act
9 to be issued a permanent employee registration card.
10 (4) The agency maintains a separate roster of the names
11 of all employees whose applications are currently pending
12 with the Department and submits the roster to the
13 Department on a monthly basis. Rosters are to be maintained
14 by the agency for a period of at least 24 months.
15 An agency may employ only a permanent employee applicant
16for which it either submitted a permanent employee application
17and all required forms and fees or it confirms with the
18Department that a permanent employee application and all
19required forms and fees have been submitted by another agency,
20licensee or the permanent employee and all other requirements
21of this Section are met.
22 The Department shall have the authority to revoke, without
23a hearing, the temporary authority of an individual to work
24upon receipt of Federal Bureau of Investigation fingerprint
25data or a report of another official authority indicating a
26criminal conviction. If the Department has not received a

SB0058- 38 -LRB101 05104 SLF 50115 b
1temporary employee's Federal Bureau of Investigation
2fingerprint data within 120 days of the date the Department
3received the Department of State Police fingerprint data, the
4Department may, at its discretion, revoke the employee's
5temporary authority to work with 15 days written notice to the
6individual and the employing agency.
7 An agency may not employ a person in a temporary capacity
8if it knows or reasonably should have known that the person has
9been convicted of a crime under the laws of this State, has
10been convicted in another state of any crime that is a crime
11under the laws of this State, has been convicted of any crime
12in a federal court, or has been posted as an unapproved
13applicant by the Department. Notice by the Department to the
14agency, via certified mail, personal delivery, electronic
15mail, or posting on the Department's Internet site accessible
16to the agency that the person has been convicted of a crime
17shall be deemed constructive knowledge of the conviction on the
18part of the agency. The Department may adopt rules to implement
19this subsection (k).
20 (l) No person may be employed under this Section in any
21capacity if:
22 (1) the person, while so employed, is being paid by the
23 United States or any political subdivision for the time so
24 employed in addition to any payments he or she may receive
25 from the employer; or
26 (2) the person wears any portion of his or her official

SB0058- 39 -LRB101 05104 SLF 50115 b
1 uniform, emblem of authority, or equipment while so
2 employed.
3 (m) If information is discovered affecting the
4registration of a person whose fingerprints were submitted
5under this Section, the Department shall so notify the agency
6that submitted the fingerprints on behalf of that person.
7 (n) Peace officers shall be exempt from the requirements of
8this Section relating to permanent employee registration
9cards. The agency shall remain responsible for any peace
10officer employed under this exemption, regardless of whether
11the peace officer is compensated as an employee or as an
12independent contractor and as further defined by rule.
13 (o) Persons who have no access to confidential or security
14information, who do not go to a client's or prospective
15client's residence or place of business, and who otherwise do
16not provide traditional security services are exempt from
17employee registration. Examples of exempt employees include,
18but are not limited to, employees working in the capacity of
19ushers, directors, ticket takers, cashiers, drivers, and
20reception personnel. Confidential or security information is
21that which pertains to employee files, scheduling, client
22contracts, or technical security and alarm data.
23 (p) An applicant who is 21 years of age or older seeking a
24religious exemption to the photograph requirement of this
25Section shall furnish with the application an approved copy of
26United States Department of the Treasury Internal Revenue

SB0058- 40 -LRB101 05104 SLF 50115 b
1Service Form 4029. Regardless of age, an applicant seeking a
2religious exemption to this photograph requirement shall
3submit fingerprints in a form and manner prescribed by the
4Department with his or her application in lieu of a photograph.
5(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
6 (225 ILCS 447/35-35)
7 (Section scheduled to be repealed on January 1, 2024)
8 Sec. 35-35. Requirement of a firearm control card.
9 (a) No person shall perform duties that include the use,
10carrying, or possession of a firearm in the performance of
11those duties without complying with the provisions of this
12Section and having been issued a valid firearm control card by
13the Department.
14 (b) No employer shall employ any person to perform the
15duties for which licensure or employee registration is required
16and allow that person to carry a firearm unless that person has
17complied with all the firearm training requirements of this
18Section and has been issued a firearm control card. This Act
19permits only the following to carry firearms while actually
20engaged in the performance of their duties or while commuting
21directly to or from their places of employment: persons
22licensed as private detectives and their registered employees;
23persons licensed as private security contractors and their
24registered employees; persons licensed as private alarm
25contractors and their registered employees; and employees of a

SB0058- 41 -LRB101 05104 SLF 50115 b
1registered armed proprietary security force.
2 (c) Possession of a valid firearm control card allows a
3licensee or employee to carry a firearm not otherwise
4prohibited by law while the licensee or employee is engaged in
5the performance of his or her duties or while the licensee or
6employee is commuting directly to or from the licensee's or
7employee's place or places of employment.
8 (d) The Department shall issue a firearm control card to a
9person who has passed an approved firearm training course, who
10is currently licensed or employed by an agency licensed by this
11Act and has met all the requirements of this Act, and who is
12not prohibited under State or federal law from possessing a
13firearm possesses a valid firearm owner identification card.
14Application for the firearm control card shall be made by the
15employer to the Department on forms provided by the Department.
16The Department shall forward the card to the employer who shall
17be responsible for its issuance to the licensee or employee.
18The firearm control card shall be issued by the Department and
19shall identify the person holding it and the name of the course
20where the licensee or employee received firearm instruction and
21shall specify the type of weapon or weapons the person is
22authorized by the Department to carry and for which the person
23has been trained.
24 (e) Expiration and requirements for renewal of firearm
25control cards shall be determined by rule.
26 (f) The Department may, in addition to any other

SB0058- 42 -LRB101 05104 SLF 50115 b
1disciplinary action permitted by this Act, refuse to issue,
2suspend, or revoke a firearm control card if the applicant or
3holder has been convicted of any felony or crime involving the
4illegal use, carrying, or possession of a deadly weapon or for
5a violation of this Act or rules adopted promulgated under this
6Act. The Department shall refuse to issue or shall revoke a
7firearm control card if the applicant or holder is prohibited
8under State or federal law from possessing a firearm fails to
9possess a valid firearm owners identification card without
10hearing. The Secretary shall summarily suspend a firearm
11control card if the Secretary finds that its continued use
12would constitute an imminent danger to the public. A hearing
13shall be held before the Board within 30 days if the Secretary
14summarily suspends a firearm control card.
15 (g) Notwithstanding any other provision of this Act to the
16contrary, all requirements relating to firearms control cards
17do not apply to a peace officer. If an individual ceases to be
18employed as a peace officer and continues to perform services
19in an armed capacity under this Act that are licensed
20activities, then the individual is required to obtain a
21permanent employee registration card pursuant to Section 35-30
22of this Act and must possess a valid Firearm Owner's
23Identification Card, but is not required to obtain a firearm
24control card if the individual is otherwise in continuing
25compliance with the federal Law Enforcement Officers Safety Act
26of 2004. If an individual elects to carry a firearm pursuant to

SB0058- 43 -LRB101 05104 SLF 50115 b
1the federal Law Enforcement Officers Safety Act of 2004, then
2the agency employing the officer is required to submit a notice
3of that election to the Department along with a fee specified
4by rule.
5 (h) The Department may issue a temporary firearm control
6card pending issuance of a new firearm control card upon an
7agency's acquiring of an established armed account. An agency
8that has acquired armed employees as a result of acquiring an
9established armed account may, on forms supplied by the
10Department, request the issuance of a temporary firearm control
11card for each acquired employee who held a valid firearm
12control card under his or her employment with the newly
13acquired established armed account immediately preceding the
14acquiring of the account and who continues to meet all of the
15qualifications for issuance of a firearm control card set forth
16in this Act and any rules adopted under this Act. The
17Department shall, by rule, set the fee for issuance of a
18temporary firearm control card.
19 (i) The Department shall not issue a firearm control card
20to a licensed fingerprint vendor or a licensed locksmith or
21employees of a licensed fingerprint vendor agency or a licensed
22locksmith agency.
23(Source: P.A. 100-712, eff. 8-3-18.)
24 Section 50. The Mental Health and Developmental
25Disabilities Code is amended by changing Sections 6-103.1,

SB0058- 44 -LRB101 05104 SLF 50115 b
16-103.2, and 6-103.3 as follows:
2 (405 ILCS 5/6-103.1)
3 Sec. 6-103.1. Adjudication as a person with a mental
4disability. When a person has been adjudicated as a person with
5a mental disability as defined in Section 1.1 of the Firearm
6Owners Identification Card Act, including, but not limited to,
7an adjudication as a person with a disability as defined in
8Section 11a-2 of the Probate Act of 1975, the court shall
9direct the circuit court clerk to notify the Department of
10State Police, Firearm Owner's Identification (FOID) Office, in
11a form and manner prescribed by the Department of State Police,
12and shall forward a copy of the court order to the Department
13no later than 7 days after the entry of the order. Upon receipt
14of the order, the Department of State Police shall provide
15notification to the National Instant Criminal Background Check
16System. In of Section, "has been adjudicated as a mentally
17disabled person" means the person is the subject of a
18determination by a court, board, commission, or other lawful
19authority that the person, as a result of marked subnormal
20intelligence, or mental illness, mental impairment,
21incompetency, condition, or disease:
22 (1) presents a clear and present danger to himself,
23 herself, or to others;
24 (2) lacks the mental capacity to manage his or her own
25 affairs or is adjudicated a disabled person as defined in

SB0058- 45 -LRB101 05104 SLF 50115 b
1 Section 11a-2 of the Probate Act of 1975;
2 (3) is not guilty in a criminal case by reason of
3 insanity, mental disease or defect;
4 (3.5) is guilty but mentally ill, as provided in
5 Section 5-2-6 of the Unified Code of Corrections;
6 (4) is unfit to stand trial in a criminal case;
7 (5) is not guilty by reason of lack of mental
8 responsibility under Articles 50a and 72b of the Uniform
9 Code of Military Justice, 10 U.S.C. 850a, 876b;
10 (6) is a sexually violent person under subsection (f)
11 of Section 5 of the Sexually Violent Persons Commitment
12 Act;
13 (7) is a sexually dangerous person under the Sexually
14 Dangerous Persons Act;
15 (8) is unfit to stand trial under the Juvenile Court
16 Act of 1987;
17 (9) is not guilty by reason of insanity under the
18 Juvenile Court Act of 1987;
19 (10) is subject to involuntary admission as an
20 inpatient as defined in Section 1-119 of the Mental Health
21 and Developmental Disabilities Code;
22 (11) is subject to involuntary admission as an
23 outpatient as defined in Section 1-119.1 of the Mental
24 Health and Developmental Disabilities Code;
25 (12) is subject to judicial admission as set forth in
26 Section 4-500 of the Mental Health and Developmental

SB0058- 46 -LRB101 05104 SLF 50115 b
1 Disabilities Code; or
2 (13) is subject to the provisions of the Interstate
3 Agreements on Sexually Dangerous Persons Act.
4(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
5 (405 ILCS 5/6-103.2)
6 Sec. 6-103.2. Developmental disability; notice. If a
7person 14 years old or older is determined to be a person with
8a developmental disability by a physician, clinical
9psychologist, or qualified examiner, the physician, clinical
10psychologist, or qualified examiner shall notify the
11Department of Human Services within 7 days of making the
12determination that the person has a developmental disability.
13The Department of Human Services shall immediately update its
14records and information relating to mental health and
15developmental disabilities, and if appropriate, shall notify
16the Department of State Police in a form and manner prescribed
17by the Department of State Police. Information disclosed under
18this Section shall remain privileged and confidential, and
19shall not be redisclosed, except as required under clause
20(e)(2) of Section 24-4.5 of the Criminal Code of 2012
21subsection (e) of Section 3.1 of the Firearm Owners
22Identification Card Act, nor used for any other purpose. The
23method of providing this information shall guarantee that the
24information is not released beyond that which is necessary for
25the purpose of this Section and shall be provided by rule by

SB0058- 47 -LRB101 05104 SLF 50115 b
1the Department of Human Services. The identity of the person
2reporting under this Section shall not be disclosed to the
3subject of the report.
4 The physician, clinical psychologist, or qualified
5examiner making the determination and his or her employer may
6not be held criminally, civilly, or professionally liable for
7making or not making the notification required under this
8Section, except for willful or wanton misconduct.
9 In this Section, "developmentally disabled" has the
10meaning ascribed to it in Section 12 of the Mental Health and
11Developmental Disabilities Confidentiality Act.
12 In For purposes of this Section, "developmental
13disability" means a disability which is attributable to any
14other condition which results in impairment similar to that
15caused by an intellectual disability and which requires
16services similar to those required by intellectually disabled
17persons. The disability must originate before the age of 18
18years, be expected to continue indefinitely, and constitute a
19substantial disability. This disability results, in the
20professional opinion of a physician, clinical psychologist, or
21qualified examiner, in significant functional limitations in 3
22or more of the following areas of major life activity:
23 (i) self-care;
24 (ii) receptive and expressive language;
25 (iii) learning;
26 (iv) mobility; or

SB0058- 48 -LRB101 05104 SLF 50115 b
1 (v) self-direction.
2 "Determined to be a person with a developmental disability
3by a physician, clinical psychologist, or qualified examiner"
4means in the professional opinion of the physician, clinical
5psychologist, or qualified examiner, a person is diagnosed,
6assessed, or evaluated as having a developmental disability.
7(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
8eff. 7-27-15; 99-642, eff. 7-28-16.)
9 (405 ILCS 5/6-103.3)
10 Sec. 6-103.3. Clear and present danger; notice. If a person
11is determined to pose a clear and present danger to himself,
12herself, or to others by a physician, clinical psychologist, or
13qualified examiner, whether employed by the State, by any
14public or private mental health facility or part thereof, or by
15a law enforcement official or a school administrator, then the
16physician, clinical psychologist, qualified examiner shall
17notify the Department of Human Services and a law enforcement
18official or school administrator shall notify the Department of
19State Police, within 24 hours of making the determination that
20the person poses a clear and present danger. The Department of
21Human Services shall immediately update its records and
22information relating to mental health and developmental
23disabilities, and if appropriate, shall notify the Department
24of State Police in a form and manner prescribed by the
25Department of State Police. Information disclosed under this

SB0058- 49 -LRB101 05104 SLF 50115 b
1Section shall remain privileged and confidential, and shall not
2be redisclosed, except as required under clause (e)(2) of
3Section 24-4.5 of the Criminal Code of 2012 subsection (e) of
4Section 3.1 of the Firearm Owners Identification Card Act, nor
5used for any other purpose. The method of providing this
6information shall guarantee that the information is not
7released beyond that which is necessary for the purpose of this
8Section and shall be provided by rule by the Department of
9Human Services. The identity of the person reporting under this
10Section shall not be disclosed to the subject of the report.
11The physician, clinical psychologist, qualified examiner, law
12enforcement official, or school administrator making the
13determination and his or her employer shall not be held
14criminally, civilly, or professionally liable for making or not
15making the notification required under this Section, except for
16willful or wanton misconduct. This Section does not apply to a
17law enforcement official, if making the notification under this
18Section will interfere with an ongoing or pending criminal
19investigation.
20 In For the purposes of this Section:
21 "Clear and present danger" means a person who:
22 (1) communicates a serious threat of physical
23 violence against a reasonably identifiable victim or
24 poses a clear and imminent risk of serious physical
25 injury to himself, herself, or another person as
26 determined by a physician, clinical psychologist, or

SB0058- 50 -LRB101 05104 SLF 50115 b
1 qualified examiner; or
2 (2) demonstrates threatening physical or verbal
3 behavior, such as violent, suicidal, or assaultive
4 threats, actions, or other behavior, as determined by a
5 physician, clinical psychologist, qualified examiner,
6 school administrator, or law enforcement official.
7 "Physician", "clinical psychologist", and "qualified
8 examiner" have the meanings ascribed to them in the Mental
9 Health and Developmental Disabilities Code has the meaning
10 ascribed to it in Section 1.1 of the Firearm Owners
11 Identification Card Act.
12 "Determined to pose a clear and present danger to
13 himself, herself, or to others by a physician, clinical
14 psychologist, or qualified examiner" means in the
15 professional opinion of the physician, clinical
16 psychologist, or qualified examiner, a person poses a clear
17 and present danger.
18 "School administrator" means the person required to
19 report under the School Administrator Reporting of Mental
20 Health Clear and Present Danger Determinations Law.
21(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
22 Section 55. The Lead Poisoning Prevention Act is amended by
23changing Section 2 as follows:
24 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)

SB0058- 51 -LRB101 05104 SLF 50115 b
1 Sec. 2. Definitions. As used in this Act:
2 "Child care facility" means any structure used by a child
3care provider licensed by the Department of Children and Family
4Services or public or private school structure frequented by
5children 6 years of age or younger.
6 "Childhood Lead Risk Questionnaire" means the
7questionnaire developed by the Department for use by physicians
8and other health care providers to determine risk factors for
9children 6 years of age or younger residing in areas designated
10as low risk for lead exposure.
11 "Delegate agency" means a unit of local government or
12health department approved by the Department to carry out the
13provisions of this Act.
14 "Department" means the Department of Public Health.
15 "Director" means the Director of Public Health.
16 "Dwelling unit" means an individual unit within a
17residential building used as living quarters for one household.
18 "Elevated blood lead level" means a blood lead level in
19excess of the limits established under State rules.
20 "Exposed surface" means any interior or exterior surface of
21a regulated facility.
22 "High risk area" means an area in the State determined by
23the Department to be high risk for lead exposure for children 6
24years of age or younger. The Department may consider, but is
25not limited to, the following factors to determine a high risk
26area: age and condition (using Department of Housing and Urban

SB0058- 52 -LRB101 05104 SLF 50115 b
1Development definitions of "slum" and "blighted") of housing,
2proximity to highway traffic or heavy local traffic or both,
3percentage of housing determined as rental or vacant, proximity
4to industry using lead, established incidence of elevated blood
5lead levels in children, percentage of population living below
6200% of federal poverty guidelines, and number of children
7residing in the area who are 6 years of age or younger.
8 "Lead abatement" means any approved work practices that
9will permanently eliminate lead exposure or remove the
10lead-bearing substances in a regulated facility. The
11Department shall establish by rule which work practices are
12approved or prohibited for lead abatement.
13 "Lead abatement contractor" means any person or entity
14licensed by the Department to perform lead abatement and
15mitigation.
16 "Lead abatement supervisor" means any person employed by a
17lead abatement contractor and licensed by the Department to
18perform lead abatement and lead mitigation and to supervise
19lead workers who perform lead abatement and lead mitigation.
20 "Lead abatement worker" means any person employed by a lead
21abatement contractor and licensed by the Department to perform
22lead abatement and mitigation.
23 "Lead activities" means the conduct of any lead services,
24including, lead inspection, lead risk assessment, lead
25mitigation, or lead abatement work or supervision in a
26regulated facility.

SB0058- 53 -LRB101 05104 SLF 50115 b
1 "Lead-bearing substance" means any item containing or
2coated with lead such that the lead content is more than
3six-hundredths of one percent (0.06%) lead by total weight; or
4any dust on surfaces or in furniture or other nonpermanent
5elements of the regulated facility; or any paint or other
6surface coating material containing more than five-tenths of
7one percent (0.5%) lead by total weight (calculated as lead
8metal) in the total non-volatile content of liquid paint; or
9lead-bearing substances containing greater than one milligram
10per square centimeter or any lower standard for lead content in
11residential paint as may be established by federal law or rule;
12or more than 1 milligram per square centimeter in the dried
13film of paint or previously applied substance; or item or dust
14on item containing lead in excess of the amount specified in
15the rules authorized by this Act or a lower standard for lead
16content as may be established by federal law or rule.
17"Lead-bearing substance" does not include firearm ammunition
18or components as defined by Section 2-7.1 of the Criminal Code
19of 2012 the Firearm Owners Identification Card Act.
20 "Lead hazard" means a lead-bearing substance that poses an
21immediate health hazard to humans.
22 "Lead hazard screen" means a lead risk assessment that
23involves limited dust and paint sampling for lead-bearing
24substances and lead hazards. This service is used as a
25screening tool designed to determine if further lead
26investigative services are required for the regulated

SB0058- 54 -LRB101 05104 SLF 50115 b
1facility.
2 "Lead inspection" means a surface-by-surface investigation
3to determine the presence of lead-based paint.
4 "Lead inspector" means an individual who has been trained
5by a Department-approved training program and is licensed by
6the Department to conduct lead inspections; to sample for the
7presence of lead in paint, dust, soil, and water; and to
8conduct compliance investigations.
9 "Lead mitigation" means the remediation, in a manner
10described in Section 9, of a lead hazard so that the
11lead-bearing substance does not pose an immediate health hazard
12to humans.
13 "Lead poisoning" means having an elevated blood lead level.
14 "Lead risk assessment" means an on-site investigation to
15determine the existence, nature, severity, and location of lead
16hazards. "Lead risk assessment" includes any lead sampling and
17visual assessment associated with conducting a lead risk
18assessment and lead hazard screen and all lead sampling
19associated with compliance investigations.
20 "Lead risk assessor" means an individual who has been
21trained by a Department-approved training program and is
22licensed by the Department to conduct lead risk assessments,
23lead inspections, and lead hazard screens; to sample for the
24presence of lead in paint, dust, soil, water, and sources for
25lead-bearing substances; and to conduct compliance
26investigations.

SB0058- 55 -LRB101 05104 SLF 50115 b
1 "Lead training program provider" means any person
2providing Department-approved lead training in Illinois to
3individuals seeking licensure in accordance with the Act.
4 "Low risk area" means an area in the State determined by
5the Department to be low risk for lead exposure for children 6
6years of age or younger. The Department may consider the
7factors named in "high risk area" to determine low risk areas.
8 "Owner" means any person, who alone, jointly, or severally
9with others:
10 (a) Has legal title to any regulated facility, with or
11 without actual possession of the regulated facility, or
12 (b) Has charge, care, or control of the regulated
13 facility as owner or agent of the owner, or as executor,
14 administrator, trustee, or guardian of the estate of the
15 owner.
16 "Person" means any individual, partnership, firm, company,
17limited liability company, corporation, association, joint
18stock company, trust, estate, political subdivision, State
19agency, or any other legal entity, or their legal
20representative, agent, or assign.
21 "Regulated facility" means a residential building or child
22care facility.
23 "Residential building" means any room, group of rooms, or
24other interior areas of a structure designed or used for human
25habitation; common areas accessible by inhabitants; and the
26surrounding property or structures.

SB0058- 56 -LRB101 05104 SLF 50115 b
1(Source: P.A. 100-723, eff. 1-1-19.)
2 (430 ILCS 65/Act rep.)
3 Section 60. The Firearm Owners Identification Card Act is
4repealed.
5 Section 65. The Firearm Concealed Carry Act is amended by
6changing Sections 25, 30, 40, 70, 80, and 105 as follows:
7 (430 ILCS 66/25)
8 Sec. 25. Qualifications for a license.
9 The Department shall issue a license to an applicant
10completing an application in accordance with Section 30 of this
11Act if the person:
12 (1) is at least 21 years of age;
13 (2) has a currently valid Firearm Owner's
14 Identification Card and at the time of application meets
15 the requirements for the issuance of a Firearm Owner's
16 Identification Card and is not prohibited under State or
17 the Firearm Owners Identification Card Act or federal law
18 from possessing or receiving a firearm;
19 (3) has not been convicted or found guilty in this
20 State or in any other state of:
21 (A) a misdemeanor involving the use or threat of
22 physical force or violence to any person within the 5
23 years preceding the date of the license application; or

SB0058- 57 -LRB101 05104 SLF 50115 b
1 (B) 2 or more violations related to driving while
2 under the influence of alcohol, other drug or drugs,
3 intoxicating compound or compounds, or any combination
4 thereof, within the 5 years preceding the date of the
5 license application;
6 (4) is not the subject of a pending arrest warrant,
7 prosecution, or proceeding for an offense or action that
8 could lead to disqualification to own or possess a firearm;
9 (5) has not been in residential or court-ordered
10 treatment for alcoholism, alcohol detoxification, or drug
11 treatment within the 5 years immediately preceding the date
12 of the license application; and
13 (6) has completed firearms training and any education
14 component required under Section 75 of this Act.
15(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
16 (430 ILCS 66/30)
17 Sec. 30. Contents of license application.
18 (a) The license application shall be in writing, under
19penalty of perjury, on a standard form adopted by the
20Department and shall be accompanied by the documentation
21required in this Section and the applicable fee. Each
22application form shall include the following statement printed
23in bold type: "Warning: Entering false information on this form
24is punishable as perjury under Section 32-2 of the Criminal
25Code of 2012."

SB0058- 58 -LRB101 05104 SLF 50115 b
1 (b) The application shall contain the following:
2 (1) the applicant's name, current address, date and
3 year of birth, place of birth, height, weight, hair color,
4 eye color, maiden name or any other name the applicant has
5 used or identified with, and any address where the
6 applicant resided for more than 30 days within the 10 years
7 preceding the date of the license application;
8 (2) the applicant's valid driver's license number or
9 valid state identification card number;
10 (3) a waiver of the applicant's privacy and
11 confidentiality rights and privileges under all federal
12 and state laws, including those limiting access to juvenile
13 court, criminal justice, psychological, or psychiatric
14 records or records relating to any institutionalization of
15 the applicant, and an affirmative request that a person
16 having custody of any of these records provide it or
17 information concerning it to the Department. The waiver
18 only applies to records sought in connection with
19 determining whether the applicant qualifies for a license
20 to carry a concealed firearm under this Act, or whether the
21 applicant remains in compliance with the Firearm Owners
22 Identification Card Act;
23 (4) an affirmation that the applicant is not prohibited
24 under State or federal law from possessing or receiving a
25 firearm possesses a currently valid Firearm Owner's
26 Identification Card and card number if possessed or notice

SB0058- 59 -LRB101 05104 SLF 50115 b
1 the applicant is applying for a Firearm Owner's
2 Identification Card in conjunction with the license
3 application;
4 (5) an affirmation that the applicant has not been
5 convicted or found guilty of:
6 (A) a felony;
7 (B) a misdemeanor involving the use or threat of
8 physical force or violence to any person within the 5
9 years preceding the date of the application; or
10 (C) 2 or more violations related to driving while
11 under the influence of alcohol, other drug or drugs,
12 intoxicating compound or compounds, or any combination
13 thereof, within the 5 years preceding the date of the
14 license application; and
15 (6) whether the applicant has failed a drug test for a
16 drug for which the applicant did not have a prescription,
17 within the previous year, and if so, the provider of the
18 test, the specific substance involved, and the date of the
19 test;
20 (7) written consent for the Department to review and
21 use the applicant's Illinois digital driver's license or
22 Illinois identification card photograph and signature;
23 (8) a full set of fingerprints submitted to the
24 Department in electronic format, provided the Department
25 may accept an application submitted without a set of
26 fingerprints in which case the Department shall be granted

SB0058- 60 -LRB101 05104 SLF 50115 b
1 30 days in addition to the 90 days provided under
2 subsection (e) of Section 10 of this Act to issue or deny a
3 license;
4 (9) a head and shoulder color photograph in a size
5 specified by the Department taken within the 30 days
6 preceding the date of the license application; and
7 (10) a photocopy of any certificates or other evidence
8 of compliance with the training requirements under this
9 Act.
10(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
11 (430 ILCS 66/40)
12 Sec. 40. Non-resident license applications.
13 (a) For the purposes of this Section, "non-resident" means
14a person who has not resided within this State for more than 30
15days and resides in another state or territory.
16 (b) The Department shall by rule allow for non-resident
17license applications from any state or territory of the United
18States with laws related to firearm ownership, possession, and
19carrying, that are substantially similar to the requirements to
20obtain a license under this Act.
21 (c) A resident of a state or territory approved by the
22Department under subsection (b) of this Section may apply for a
23non-resident license. The applicant shall apply to the
24Department and must meet all of the qualifications established
25in Section 25 of this Act, except for the Illinois residency

SB0058- 61 -LRB101 05104 SLF 50115 b
1requirement in item (xiv) of paragraph (2) of subsection (a) of
2Section 4 of the Firearm Owners Identification Card Act. The
3applicant shall submit:
4 (1) the application and documentation required under
5 Section 30 of this Act and the applicable fee;
6 (2) a notarized document stating that the applicant:
7 (A) is eligible under federal law and the laws of
8 his or her state or territory of residence to own or
9 possess a firearm;
10 (B) if applicable, has a license or permit to carry
11 a firearm or concealed firearm issued by his or her
12 state or territory of residence and attach a copy of
13 the license or permit to the application;
14 (C) understands Illinois laws pertaining to the
15 possession and transport of firearms; and
16 (D) acknowledges that the applicant is subject to
17 the jurisdiction of the Department and Illinois courts
18 for any violation of this Act;
19 (3) a photocopy of any certificates or other evidence
20 of compliance with the training requirements under Section
21 75 of this Act; and
22 (4) a head and shoulder color photograph in a size
23 specified by the Department taken within the 30 days
24 preceding the date of the application.
25 (d) In lieu of an Illinois driver's license or Illinois
26identification card, a non-resident applicant shall provide

SB0058- 62 -LRB101 05104 SLF 50115 b
1similar documentation from his or her state or territory of
2residence. The applicant shall submit In lieu of a valid
3Firearm Owner's Identification Card, the applicant shall
4submit documentation and information required by the
5Department to obtain a Firearm Owner's Identification Card,
6including an affidavit that the non-resident meets the mental
7health standards to obtain a firearm under Illinois law, and
8the Department shall ensure that the applicant would meet the
9eligibility criteria under State law to possess a firearm to
10obtain a Firearm Owner's Identification card if he or she was a
11resident of this State.
12 (e) Nothing in this Act shall prohibit a non-resident from
13transporting a concealed firearm within his or her vehicle in
14Illinois, if the concealed firearm remains within his or her
15vehicle and the non-resident:
16 (1) is not prohibited from owning or possessing a
17 firearm under federal law;
18 (2) is eligible to carry a firearm in public under the
19 laws of his or her state or territory of residence, as
20 evidenced by the possession of a concealed carry license or
21 permit issued by his or her state of residence, if
22 applicable; and
23 (3) is not in possession of a license under this Act.
24 If the non-resident leaves his or her vehicle unattended,
25he or she shall store the firearm within a locked vehicle or
26locked container within the vehicle in accordance with

SB0058- 63 -LRB101 05104 SLF 50115 b
1subsection (b) of Section 65 of this Act.
2(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
3eff. 7-20-15.)
4 (430 ILCS 66/70)
5 Sec. 70. Violations.
6 (a) A license issued or renewed under this Act shall be
7revoked if, at any time, the licensee is found to be ineligible
8for a license under this Act or the licensee is prohibited from
9possessing a firearm under State or federal law no longer meets
10the eligibility requirements of the Firearm Owners
11Identification Card Act.
12 (b) A license shall be suspended if an order of protection,
13including an emergency order of protection, plenary order of
14protection, or interim order of protection under Article 112A
15of the Code of Criminal Procedure of 1963 or under the Illinois
16Domestic Violence Act of 1986, or if a firearms restraining
17order, including an emergency firearms restraining order,
18under the Firearms Restraining Order Act, is issued against a
19licensee for the duration of the order, or if the Department is
20made aware of a similar order issued against the licensee in
21any other jurisdiction. If an order of protection is issued
22against a licensee, the licensee shall surrender the license,
23as applicable, to the court at the time the order is entered or
24to the law enforcement agency or entity serving process at the
25time the licensee is served the order. The court, law

SB0058- 64 -LRB101 05104 SLF 50115 b
1enforcement agency, or entity responsible for serving the order
2of protection shall notify the Department within 7 days and
3transmit the license to the Department.
4 (c) A license is invalid upon expiration of the license,
5unless the licensee has submitted an application to renew the
6license, and the applicant is otherwise eligible to possess a
7license under this Act.
8 (d) A licensee shall not carry a concealed firearm while
9under the influence of alcohol, other drug or drugs,
10intoxicating compound or combination of compounds, or any
11combination thereof, under the standards set forth in
12subsection (a) of Section 11-501 of the Illinois Vehicle Code.
13 A licensee in violation of this subsection (d) shall be
14guilty of a Class A misdemeanor for a first or second violation
15and a Class 4 felony for a third violation. The Department may
16suspend a license for up to 6 months for a second violation and
17shall permanently revoke a license for a third violation.
18 (e) Except as otherwise provided, a licensee in violation
19of this Act shall be guilty of a Class B misdemeanor. A second
20or subsequent violation is a Class A misdemeanor. The
21Department may suspend a license for up to 6 months for a
22second violation and shall permanently revoke a license for 3
23or more violations of Section 65 of this Act. Any person
24convicted of a violation under this Section shall pay a $150
25fee to be deposited into the Mental Health Reporting Fund, plus
26any applicable court costs or fees.

SB0058- 65 -LRB101 05104 SLF 50115 b
1 (f) A licensee convicted or found guilty of a violation of
2this Act who has a valid license and is otherwise eligible to
3carry a concealed firearm shall only be subject to the
4penalties under this Section and shall not be subject to the
5penalties under Section 21-6, paragraph (4), (8), or (10) of
6subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
7of paragraph (3) of subsection (a) of Section 24-1.6 of the
8Criminal Code of 2012. Except as otherwise provided in this
9subsection, nothing in this subsection prohibits the licensee
10from being subjected to penalties for violations other than
11those specified in this Act.
12 (g) A licensee whose license is revoked, suspended, or
13denied shall, within 48 hours of receiving notice of the
14revocation, suspension, or denial, surrender his or her
15concealed carry license to the local law enforcement agency
16where the person resides. The local law enforcement agency
17shall provide the licensee a receipt and transmit the concealed
18carry license to the Department of State Police. If the
19licensee whose concealed carry license has been revoked,
20suspended, or denied fails to comply with the requirements of
21this subsection, the law enforcement agency where the person
22resides may petition the circuit court to issue a warrant to
23search for and seize the concealed carry license in the
24possession and under the custody or control of the licensee
25whose concealed carry license has been revoked, suspended, or
26denied. The observation of a concealed carry license in the

SB0058- 66 -LRB101 05104 SLF 50115 b
1possession of a person whose license has been revoked,
2suspended, or denied constitutes a sufficient basis for the
3arrest of that person for violation of this subsection. A
4violation of this subsection is a Class A misdemeanor.
5 (h) (Blank). A license issued or renewed under this Act
6shall be revoked if, at any time, the licensee is found
7ineligible for a Firearm Owner's Identification Card, or the
8licensee no longer possesses a valid Firearm Owner's
9Identification Card. A licensee whose license is revoked under
10this subsection (h) shall surrender his or her concealed carry
11license as provided for in subsection (g) of this Section.
12 This subsection shall not apply to a person who has filed
13an application with the State Police for renewal of a Firearm
14Owner's Identification Card and who is not otherwise ineligible
15to obtain a Firearm Owner's Identification Card.
16 (i) A certified firearms instructor who knowingly provides
17or offers to provide a false certification that an applicant
18has completed firearms training as required under this Act is
19guilty of a Class A misdemeanor. A person guilty of a violation
20of this subsection (i) is not eligible for court supervision.
21The Department shall permanently revoke the firearms
22instructor certification of a person convicted under this
23subsection (i).
24(Source: P.A. 100-607, eff. 1-1-19.)
25 (430 ILCS 66/80)

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

SB0058- 68 -LRB101 05104 SLF 50115 b
1 (2) have at least one of the following valid firearms
2 instructor certifications:
3 (A) certification from a law enforcement agency;
4 (B) certification from a firearm instructor course
5 offered by a State or federal governmental agency;
6 (C) certification from a firearm instructor
7 qualification course offered by the Illinois Law
8 Enforcement Training Standards Board; or
9 (D) certification from an entity approved by the
10 Department that offers firearm instructor education
11 and training in the use and safety of firearms.
12 (e) A person may have his or her firearms instructor
13certification denied or revoked if he or she does not meet the
14requirements to obtain a license under this Act, provides false
15or misleading information to the Department, or has had a prior
16instructor certification revoked or denied by the Department.
17(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718,
18eff. 1-1-15.)
19 (430 ILCS 66/105)
20 Sec. 105. Duty of school administrator. It is the duty of
21the principal of a public elementary or secondary school, or
22his or her designee, and the chief administrative officer of a
23private elementary or secondary school or a public or private
24community college, college, or university, or his or her
25designee, to report to the Department of State Police when a

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1student is determined to pose a clear and present danger to
2himself, herself, or to others, within 24 hours of the
3determination as provided in Section 6-103.3 of the Mental
4Health and Developmental Disabilities Code. "Clear and present
5danger" has the meaning as provided in paragraph (2) of the
6definition of "clear and present danger" in Section 6-103.3 of
7the Mental Health and Developmental Disabilities Code 1.1 of
8the Firearm Owners Identification Card Act.
9(Source: P.A. 98-63, eff. 7-9-13.)
10 Section 70. The Wildlife Code is amended by changing
11Sections 3.2 and 3.2a as follows:
12 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
13 Sec. 3.2. Hunting license; application; instruction.
14Before the Department or any county, city, village, township,
15incorporated town clerk or his duly designated agent or any
16other person authorized or designated by the Department to
17issue hunting licenses shall issue a hunting license to any
18person, the person shall file his application with the
19Department or other party authorized to issue licenses on a
20form provided by the Department and further give definite proof
21of identity and place of legal residence. Each clerk
22designating agents to issue licenses and stamps shall furnish
23the Department, within 10 days following the appointment, the
24names and mailing addresses of the agents. Each clerk or his

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1duly designated agent shall be authorized to sell licenses and
2stamps only within the territorial area for which he was
3elected or appointed. No duly designated agent is authorized to
4furnish licenses or stamps for issuance by any other business
5establishment. Each application shall be executed and sworn to
6and shall set forth the name and description of the applicant
7and place of residence.
8 No hunting license shall be issued to any person born on or
9after January 1, 1980 unless he presents the person authorized
10to issue the license evidence that he has held a hunting
11license issued by the State of Illinois or another state in a
12prior year, or a certificate of competency as provided in this
13Section. Persons under 18 years of age may be issued a Lifetime
14Hunting or Sportsmen's Combination License as provided under
15Section 20-45 of the Fish and Aquatic Life Code but shall not
16be entitled to hunt alone, without the supervision of an adult
17age 21 or older order, unless they have a certificate of
18competency as provided in this Section and the certificate is
19in their possession while hunting.
20 The Department of Natural Resources shall authorize
21personnel of the Department or certified volunteer instructors
22to conduct courses, of not less than 10 hours in length, in
23firearms and hunter safety, which may include training in bow
24and arrow safety, at regularly specified intervals throughout
25the State. Persons successfully completing the course shall
26receive a certificate of competency. The Department of Natural

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

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1provide to the Department, at one of the Department's 5
2regional offices, verification of their service. The
3Department shall establish what constitutes suitable
4verification of service for the purpose of issuing resident
5veterans hunting licenses at a reduced fee. The fee for a
6hunting license to hunt all species shall be $1 for residents
7over 75 years of age. Nonresidents shall be charged $57 for a
8hunting license.
9 Nonresidents may be issued a nonresident hunting license
10for a period not to exceed 10 consecutive days' hunting in the
11State and shall be charged a fee of $35.
12 A special nonresident hunting license authorizing a
13nonresident to take game birds by hunting on a game breeding
14and hunting preserve area only, established under Section 3.27,
15shall be issued upon proper application being made and payment
16of a fee equal to that for a resident hunting license. The
17expiration date of this license shall be on the same date each
18year that game breeding and hunting preserve area licenses
19expire.
20 Each applicant for a State Migratory Waterfowl Stamp,
21regardless of his residence or other condition, shall pay a fee
22of $15 and shall receive a stamp. The fee for a State Migratory
23Waterfowl Stamp shall be waived for residents over 75 years of
24age. Except as provided under Section 20-45 of the Fish and
25Aquatic Life Code, the stamp shall be signed by the person or
26affixed to his license or permit in a space designated by the

SB0058- 73 -LRB101 05104 SLF 50115 b
1Department for that purpose.
2 Each applicant for a State Habitat Stamp, regardless of his
3residence or other condition, shall pay a fee of $5 and shall
4receive a stamp. The fee for a State Habitat Stamp shall be
5waived for residents over 75 years of age. Except as provided
6under Section 20-45 of the Fish and Aquatic Life Code, the
7stamp shall be signed by the person or affixed to his license
8or permit in a space designated by the Department for that
9purpose.
10 Nothing in this Section shall be construed as to require
11the purchase of more than one State Habitat Stamp by any person
12in any one license year.
13 The fees for State Pheasant Stamps and State Furbearer
14Stamps shall be waived for residents over 75 years of age.
15 The Department shall furnish the holders of hunting
16licenses and stamps with an insignia as evidence of possession
17of license, or license and stamp, as the Department may
18consider advisable. The insignia shall be exhibited and used as
19the Department may order.
20 All other hunting licenses and all State stamps shall
21expire upon March 31 of each year.
22 Every person holding any license, permit, or stamp issued
23under the provisions of this Act shall have it in his
24possession for immediate presentation for inspection to the
25officers and authorized employees of the Department, any
26sheriff, deputy sheriff, or any other peace officer making a

SB0058- 74 -LRB101 05104 SLF 50115 b
1demand for it. This provision shall not apply to Department
2owned or managed sites where it is required that all hunters
3deposit their license or , permit , or Firearm Owner's
4Identification Card at the check station upon entering the
5hunting areas.
6(Source: P.A. 100-638, eff. 1-1-19; revised 10-3-18.)
7 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
8 Sec. 3.2a. Every person holding any license, permit or
9stamp issued under the provisions hereof shall have it in his
10possession for immediate presentation for inspection to the
11officers and authorized employees of the Department, any
12sheriff, deputy sheriff or any other peace officer making a
13demand for it. This provision shall not apply to Department
14owned or managed sites where it is required that all hunters
15deposit their license or , permit or Firearm Owner's
16Identification Card at the check station upon entering the
17hunting areas.
18(Source: P.A. 85-152.)
19 Section 75. The Clerks of Courts Act is amended by changing
20Section 27.3a as follows:
21 (705 ILCS 105/27.3a)
22 (Section scheduled to be repealed on July 1, 2019)
23 Sec. 27.3a. Fees for automated record keeping, probation

SB0058- 75 -LRB101 05104 SLF 50115 b
1and court services operations, State and Conservation Police
2operations, and e-business programs.
3 1. The expense of establishing and maintaining automated
4record keeping systems in the offices of the clerks of the
5circuit court shall be borne by the county. To defray such
6expense in any county having established such an automated
7system or which elects to establish such a system, the county
8board may require the clerk of the circuit court in their
9county to charge and collect a court automation fee of not less
10than $1 nor more than $25 to be charged and collected by the
11clerk of the court. Such fee shall be paid at the time of
12filing the first pleading, paper or other appearance filed by
13each party in all civil cases or by the defendant in any
14felony, traffic, misdemeanor, municipal ordinance, or
15conservation case upon a judgment of guilty or grant of
16supervision, provided that the record keeping system which
17processes the case category for which the fee is charged is
18automated or has been approved for automation by the county
19board, and provided further that no additional fee shall be
20required if more than one party is presented in a single
21pleading, paper or other appearance. Such fee shall be
22collected in the manner in which all other fees or costs are
23collected.
24 1.1. Starting on July 6, 2012 (the effective date of Public
25Act 97-761) and pursuant to an administrative order from the
26chief judge of the circuit or the presiding judge of the county

SB0058- 76 -LRB101 05104 SLF 50115 b
1authorizing such collection, a clerk of the circuit court in
2any county that imposes a fee pursuant to subsection 1 of this
3Section shall also charge and collect an additional $10
4operations fee for probation and court services department
5operations.
6 This additional fee shall be paid by the defendant in any
7felony, traffic, misdemeanor, local ordinance, or conservation
8case upon a judgment of guilty or grant of supervision, except
9such $10 operations fee shall not be charged and collected in
10cases governed by Supreme Court Rule 529 in which the bail
11amount is $120 or less.
12 1.2. With respect to the fee imposed and collected under
13subsection 1.1 of this Section, each clerk shall transfer all
14fees monthly to the county treasurer for deposit into the
15probation and court services fund created under Section 15.1 of
16the Probation and Probation Officers Act, and such monies shall
17be disbursed from the fund only at the direction of the chief
18judge of the circuit or another judge designated by the Chief
19Circuit Judge in accordance with the policies and guidelines
20approved by the Supreme Court.
21 1.5. Starting on June 1, 2014, a clerk of the circuit court
22in any county that imposes a fee pursuant to subsection 1 of
23this Section, shall charge and collect an additional fee in an
24amount equal to the amount of the fee imposed pursuant to
25subsection 1 of this Section, except the fee imposed under this
26subsection may not be more than $15. This additional fee shall

SB0058- 77 -LRB101 05104 SLF 50115 b
1be paid by the defendant in any felony, traffic, misdemeanor,
2or local ordinance case upon a judgment of guilty or grant of
3supervision. This fee shall not be paid by the defendant for
4any violation listed in subsection 1.6 of this Section.
5 1.6. Starting on June 1, 2014, a clerk of the circuit court
6in any county that imposes a fee pursuant to subsection 1 of
7this Section shall charge and collect an additional fee in an
8amount equal to the amount of the fee imposed pursuant to
9subsection 1 of this Section, except the fee imposed under this
10subsection may not be more than $15. This additional fee shall
11be paid by the defendant upon a judgment of guilty or grant of
12supervision for a violation under the State Parks Act, the
13Recreational Trails of Illinois Act, the Illinois Explosives
14Act, the Timber Buyers Licensing Act, the Forest Products
15Transportation Act, the Firearm Owners Identification Card
16Act, the Environmental Protection Act, the Fish and Aquatic
17Life Code, the Wildlife Code, the Cave Protection Act, the
18Illinois Exotic Weed Act, the Illinois Forestry Development
19Act, the Ginseng Harvesting Act, the Illinois Lake Management
20Program Act, the Illinois Natural Areas Preservation Act, the
21Illinois Open Land Trust Act, the Open Space Lands Acquisition
22and Development Act, the Illinois Prescribed Burning Act, the
23State Forest Act, the Water Use Act of 1983, the Illinois
24Veteran, Youth, and Young Adult Conservation Jobs Act, the
25Snowmobile Registration and Safety Act, the Boat Registration
26and Safety Act, the Illinois Dangerous Animals Act, the Hunter

SB0058- 78 -LRB101 05104 SLF 50115 b
1and Fishermen Interference Prohibition Act, the Wrongful Tree
2Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
311-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
4the Illinois Vehicle Code, or Section 48-3 or 48-10 of the
5Criminal Code of 2012.
6 1.7. Starting on the 30th day after the effective date of
7this amendatory Act of the 99th General Assembly, a clerk of
8the circuit court in any county that imposes a fee pursuant to
9subsection 1 of this Section shall also charge and collect an
10additional $9 e-business fee. The fee shall be paid at the time
11of filing the first pleading, paper, or other appearance filed
12by each party in all civil cases, except no additional fee
13shall be required if more than one party is presented in a
14single pleading, paper, or other appearance. The fee shall be
15collected in the manner in which all other fees or costs are
16collected. The fee shall be in addition to all other fees and
17charges of the clerk, and assessable as costs, and may be
18waived only if the judge specifically provides for the waiver
19of the e-business fee. The fee shall not be charged in any
20matter coming to the clerk on a change of venue, nor in any
21proceeding to review the decision of any administrative
22officer, agency, or body.
23 2. With respect to the fee imposed under subsection 1 of
24this Section, each clerk shall commence such charges and
25collections upon receipt of written notice from the chairman of
26the county board together with a certified copy of the board's

SB0058- 79 -LRB101 05104 SLF 50115 b
1resolution, which the clerk shall file of record in his office.
2 3. With respect to the fee imposed under subsection 1 of
3this Section, such fees shall be in addition to all other fees
4and charges of such clerks, and assessable as costs, and may be
5waived only if the judge specifically provides for the waiver
6of the court automation fee. The fees shall be remitted monthly
7by such clerk to the county treasurer, to be retained by him in
8a special fund designated as the court automation fund. The
9fund shall be audited by the county auditor, and the board
10shall make expenditure from the fund in payment of any cost
11related to the automation of court records, including hardware,
12software, research and development costs and personnel related
13thereto, provided that the expenditure is approved by the clerk
14of the court and by the chief judge of the circuit court or his
15designate.
16 4. With respect to the fee imposed under subsection 1 of
17this Section, such fees shall not be charged in any matter
18coming to any such clerk on change of venue, nor in any
19proceeding to review the decision of any administrative
20officer, agency or body.
21 5. With respect to the additional fee imposed under
22subsection 1.5 of this Section, the fee shall be remitted by
23the circuit clerk to the State Treasurer within one month after
24receipt for deposit into the State Police Operations Assistance
25Fund.
26 6. With respect to the additional fees imposed under

SB0058- 80 -LRB101 05104 SLF 50115 b
1subsection 1.5 of this Section, the Director of State Police
2may direct the use of these fees for homeland security purposes
3by transferring these fees on a quarterly basis from the State
4Police Operations Assistance Fund into the Illinois Law
5Enforcement Alarm Systems (ILEAS) Fund for homeland security
6initiatives programs. The transferred fees shall be allocated,
7subject to the approval of the ILEAS Executive Board, as
8follows: (i) 66.6% shall be used for homeland security
9initiatives and (ii) 33.3% shall be used for airborne
10operations. The ILEAS Executive Board shall annually supply the
11Director of State Police with a report of the use of these
12fees.
13 7. With respect to the additional fee imposed under
14subsection 1.6 of this Section, the fee shall be remitted by
15the circuit clerk to the State Treasurer within one month after
16receipt for deposit into the Conservation Police Operations
17Assistance Fund.
18 8. With respect to the fee imposed under subsection 1.7 of
19this Section, the clerk shall remit the fee to the State
20Treasurer within one month after receipt for deposit into the
21Supreme Court Special Purposes Fund. Unless otherwise
22authorized by this Act, the moneys deposited into the Supreme
23Court Special Purposes Fund under this subsection are not
24subject to administrative charges or chargebacks under Section
2520 of the State Treasurer Act.
26(Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14;

SB0058- 81 -LRB101 05104 SLF 50115 b
198-1016, eff. 8-22-14; 99-859, eff. 8-19-16. Repealed by P.A.
2100-987, eff. 7-1-19.)
3 Section 80. The Criminal Code of 2012 is amended by
4changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
524-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,
624-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as follows:
7 (720 ILCS 5/2-7.1)
8 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
9"Firearm "Firearm" and "firearm ammunition" means any
10self-contained cartridge or shotgun shell, by whatever name
11known, which is designed to be used or adaptable to use in a
12firearm; excluding, however:
13 (1) any ammunition exclusively designed for use with a
14device used exclusively for signalling or safety and required
15or recommended by the United States Coast Guard or the
16Interstate Commerce Commission; and
17 (2) any ammunition designed exclusively for use with a stud
18or rivet driver or other similar industrial ammunition have the
19meanings ascribed to them in Section 1.1 of the Firearm Owners
20Identification Card Act.
21(Source: P.A. 91-544, eff. 1-1-00.)
22 (720 ILCS 5/2-7.5)
23 Sec. 2-7.5. "Firearm". Except as otherwise provided in a

SB0058- 82 -LRB101 05104 SLF 50115 b
1specific Section, "firearm" means any device, by whatever name
2known, which is designed to expel a projectile or projectiles
3by the action of an explosion, expansion of gas or escape of
4gas; excluding, however:
5 (1) any pneumatic gun, spring gun, paint ball gun, or B-B
6gun which expels a single globular projectile not exceeding .18
7inch in diameter or which has a maximum muzzle velocity of less
8than 700 feet per second;
9 (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B
10gun which expels breakable paint balls containing washable
11marking colors;
12 (2) any device used exclusively for signalling or safety
13and required or recommended by the United States Coast Guard or
14the Interstate Commerce Commission;
15 (3) any device used exclusively for the firing of stud
16cartridges, explosive rivets, or similar industrial
17ammunition; and
18 (4) an antique firearm (other than a machine-gun) which,
19although designed as a weapon, the Department of State Police
20finds by reason of the date of its manufacture, value, design,
21and other characteristics is primarily a collector's item and
22is not likely to be used as a weapon has the meaning ascribed
23to it in Section 1.1 of the Firearm Owners Identification Card
24Act.
25(Source: P.A. 95-331, eff. 8-21-07.)

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

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1 disfigurement to an individual 60 years of age or older.
2 (5) Strangles another individual.
3 (b) Offense based on injury to a child or person with an
4intellectual disability. A person who is at least 18 years of
5age commits aggravated battery when, in committing a battery,
6he or she knowingly and without legal justification by any
7means:
8 (1) causes great bodily harm or permanent disability or
9 disfigurement to any child under the age of 13 years, or to
10 any person with a severe or profound intellectual
11 disability; or
12 (2) causes bodily harm or disability or disfigurement
13 to any child under the age of 13 years or to any person
14 with a severe or profound intellectual disability.
15 (c) Offense based on location of conduct. A person commits
16aggravated battery when, in committing a battery, other than by
17the discharge of a firearm, he or she is or the person battered
18is on or about a public way, public property, a public place of
19accommodation or amusement, a sports venue, or a domestic
20violence shelter.
21 (d) Offense based on status of victim. A person commits
22aggravated battery when, in committing a battery, other than by
23discharge of a firearm, he or she knows the individual battered
24to be any of the following:
25 (1) A person 60 years of age or older.
26 (2) A person who is pregnant or has a physical

SB0058- 85 -LRB101 05104 SLF 50115 b
1 disability.
2 (3) A teacher or school employee upon school grounds or
3 grounds adjacent to a school or in any part of a building
4 used for school purposes.
5 (4) A peace officer, community policing volunteer,
6 fireman, private security officer, correctional
7 institution employee, or Department of Human Services
8 employee supervising or controlling sexually dangerous
9 persons or sexually violent persons:
10 (i) performing his or her official duties;
11 (ii) battered to prevent performance of his or her
12 official duties; or
13 (iii) battered in retaliation for performing his
14 or her official duties.
15 (5) A judge, emergency management worker, emergency
16 medical services personnel, or utility worker:
17 (i) performing his or her official duties;
18 (ii) battered to prevent performance of his or her
19 official duties; or
20 (iii) battered in retaliation for performing his
21 or her official duties.
22 (6) An officer or employee of the State of Illinois, a
23 unit of local government, or a school district, while
24 performing his or her official duties.
25 (7) A transit employee performing his or her official
26 duties, or a transit passenger.

SB0058- 86 -LRB101 05104 SLF 50115 b
1 (8) A taxi driver on duty.
2 (9) A merchant who detains the person for an alleged
3 commission of retail theft under Section 16-26 of this Code
4 and the person without legal justification by any means
5 causes bodily harm to the merchant.
6 (10) A person authorized to serve process under Section
7 2-202 of the Code of Civil Procedure or a special process
8 server appointed by the circuit court while that individual
9 is in the performance of his or her duties as a process
10 server.
11 (11) A nurse while in the performance of his or her
12 duties as a nurse.
13 (e) Offense based on use of a firearm. A person commits
14aggravated battery when, in committing a battery, he or she
15knowingly does any of the following:
16 (1) Discharges a firearm, other than a machine gun or a
17 firearm equipped with a silencer, and causes any injury to
18 another person.
19 (2) Discharges a firearm, other than a machine gun or a
20 firearm equipped with a silencer, and causes any injury to
21 a person he or she knows to be a peace officer, community
22 policing volunteer, person summoned by a police officer,
23 fireman, private security officer, correctional
24 institution employee, or emergency management worker:
25 (i) performing his or her official duties;
26 (ii) battered to prevent performance of his or her

SB0058- 87 -LRB101 05104 SLF 50115 b
1 official duties; or
2 (iii) battered in retaliation for performing his
3 or her official duties.
4 (3) Discharges a firearm, other than a machine gun or a
5 firearm equipped with a silencer, and causes any injury to
6 a person he or she knows to be emergency medical services
7 personnel:
8 (i) performing his or her official duties;
9 (ii) battered to prevent performance of his or her
10 official duties; or
11 (iii) battered in retaliation for performing his
12 or her official duties.
13 (4) Discharges a firearm and causes any injury to a
14 person he or she knows to be a teacher, a student in a
15 school, or a school employee, and the teacher, student, or
16 employee is upon school grounds or grounds adjacent to a
17 school or in any part of a building used for school
18 purposes.
19 (5) Discharges a machine gun or a firearm equipped with
20 a silencer, and causes any injury to another person.
21 (6) Discharges a machine gun or a firearm equipped with
22 a silencer, and causes any injury to a person he or she
23 knows to be a peace officer, community policing volunteer,
24 person summoned by a police officer, fireman, private
25 security officer, correctional institution employee or
26 emergency management worker:

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

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

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1 Services employee to come into contact with blood, seminal
2 fluid, urine, or feces by throwing, tossing, or expelling
3 the fluid or material, and the person is an inmate of a
4 penal institution or is a sexually dangerous person or
5 sexually violent person in the custody of the Department of
6 Human Services.
7 (h) Sentence. Unless otherwise provided, aggravated
8battery is a Class 3 felony.
9 Aggravated battery as defined in subdivision (a)(4),
10(d)(4), or (g)(3) is a Class 2 felony.
11 Aggravated battery as defined in subdivision (a)(3) or
12(g)(1) is a Class 1 felony.
13 Aggravated battery as defined in subdivision (a)(1) is a
14Class 1 felony when the aggravated battery was intentional and
15involved the infliction of torture, as defined in paragraph
16(14) of subsection (b) of Section 9-1 of this Code, as the
17infliction of or subjection to extreme physical pain, motivated
18by an intent to increase or prolong the pain, suffering, or
19agony of the victim.
20 Aggravated battery under subdivision (a)(5) is a Class 1
21felony if:
22 (A) the person used or attempted to use a dangerous
23 instrument while committing the offense; or
24 (B) the person caused great bodily harm or permanent
25 disability or disfigurement to the other person while
26 committing the offense; or

SB0058- 91 -LRB101 05104 SLF 50115 b
1 (C) the person has been previously convicted of a
2 violation of subdivision (a)(5) under the laws of this
3 State or laws similar to subdivision (a)(5) of any other
4 state.
5 Aggravated battery as defined in subdivision (e)(1) is a
6Class X felony.
7 Aggravated battery as defined in subdivision (a)(2) is a
8Class X felony for which a person shall be sentenced to a term
9of imprisonment of a minimum of 6 years and a maximum of 45
10years.
11 Aggravated battery as defined in subdivision (e)(5) is a
12Class X felony for which a person shall be sentenced to a term
13of imprisonment of a minimum of 12 years and a maximum of 45
14years.
15 Aggravated battery as defined in subdivision (e)(2),
16(e)(3), or (e)(4) is a Class X felony for which a person shall
17be sentenced to a term of imprisonment of a minimum of 15 years
18and a maximum of 60 years.
19 Aggravated battery as defined in subdivision (e)(6),
20(e)(7), or (e)(8) is a Class X felony for which a person shall
21be sentenced to a term of imprisonment of a minimum of 20 years
22and a maximum of 60 years.
23 Aggravated battery as defined in subdivision (b)(1) is a
24Class X felony, except that:
25 (1) if the person committed the offense while armed
26 with a firearm, 15 years shall be added to the term of

SB0058- 92 -LRB101 05104 SLF 50115 b
1 imprisonment imposed by the court;
2 (2) if, during the commission of the offense, the
3 person personally discharged a firearm, 20 years shall be
4 added to the term of imprisonment imposed by the court;
5 (3) if, during the commission of the offense, the
6 person personally discharged a firearm that proximately
7 caused great bodily harm, permanent disability, permanent
8 disfigurement, or death to another person, 25 years or up
9 to a term of natural life shall be added to the term of
10 imprisonment imposed by the court.
11 (i) Definitions. For the purposes of this Section:
12 "Building or other structure used to provide shelter" has
13the meaning ascribed to "shelter" in Section 1 of the Domestic
14Violence Shelters Act.
15 "Domestic violence" has the meaning ascribed to it in
16Section 103 of the Illinois Domestic Violence Act of 1986.
17 "Domestic violence shelter" means any building or other
18structure used to provide shelter or other services to victims
19or to the dependent children of victims of domestic violence
20pursuant to the Illinois Domestic Violence Act of 1986 or the
21Domestic Violence Shelters Act, or any place within 500 feet of
22such a building or other structure in the case of a person who
23is going to or from such a building or other structure.
24 "Firearm" has the meaning provided under Section 2-7.5 of
25this Code 1.1 of the Firearm Owners Identification Card Act,
26and does not include an air rifle as defined by Section

SB0058- 93 -LRB101 05104 SLF 50115 b
124.8-0.1 of this Code.
2 "Machine gun" has the meaning ascribed to it in Section
324-1 of this Code.
4 "Merchant" has the meaning ascribed to it in Section 16-0.1
5of this Code.
6 "Strangle" means intentionally impeding the normal
7breathing or circulation of the blood of an individual by
8applying pressure on the throat or neck of that individual or
9by blocking the nose or mouth of that individual.
10(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
11eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
12 (720 ILCS 5/16-0.1)
13 Sec. 16-0.1. Definitions. In this Article, unless the
14context clearly requires otherwise, the following terms are
15defined as indicated:
16 "Access" means to use, instruct, communicate with, store
17data in, retrieve or intercept data from, or otherwise utilize
18any services of a computer.
19 "Coin-operated machine" includes any automatic vending
20machine or any part thereof, parking meter, coin telephone,
21coin-operated transit turnstile, transit fare box, coin
22laundry machine, coin dry cleaning machine, amusement machine,
23music machine, vending machine dispensing goods or services, or
24money changer.
25 "Communication device" means any type of instrument,

SB0058- 94 -LRB101 05104 SLF 50115 b
1device, machine, or equipment which is capable of transmitting,
2acquiring, decrypting, or receiving any telephonic,
3electronic, data, Internet access, audio, video, microwave, or
4radio transmissions, signals, communications, or services,
5including the receipt, acquisition, transmission, or
6decryption of all such communications, transmissions, signals,
7or services provided by or through any cable television, fiber
8optic, telephone, satellite, microwave, radio, Internet-based,
9data transmission, or wireless distribution network, system or
10facility; or any part, accessory, or component thereof,
11including any computer circuit, security module, smart card,
12software, computer chip, electronic mechanism or other
13component, accessory or part of any communication device which
14is capable of facilitating the transmission, decryption,
15acquisition or reception of all such communications,
16transmissions, signals, or services.
17 "Communication service" means any service lawfully
18provided for a charge or compensation to facilitate the lawful
19origination, transmission, emission, or reception of signs,
20signals, data, writings, images, and sounds or intelligence of
21any nature by telephone, including cellular telephones or a
22wire, wireless, radio, electromagnetic, photo-electronic or
23photo-optical system; and also any service lawfully provided by
24any radio, telephone, cable television, fiber optic,
25satellite, microwave, Internet-based or wireless distribution
26network, system, facility or technology, including, but not

SB0058- 95 -LRB101 05104 SLF 50115 b
1limited to, any and all electronic, data, video, audio,
2Internet access, telephonic, microwave and radio
3communications, transmissions, signals and services, and any
4such communications, transmissions, signals and services
5lawfully provided directly or indirectly by or through any of
6those networks, systems, facilities or technologies.
7 "Communication service provider" means: (1) any person or
8entity providing any communication service, whether directly
9or indirectly, as a reseller, including, but not limited to, a
10cellular, paging or other wireless communications company or
11other person or entity which, for a fee, supplies the facility,
12cell site, mobile telephone switching office or other equipment
13or communication service; (2) any person or entity owning or
14operating any cable television, fiber optic, satellite,
15telephone, wireless, microwave, radio, data transmission or
16Internet-based distribution network, system or facility; and
17(3) any person or entity providing any communication service
18directly or indirectly by or through any such distribution
19system, network or facility.
20 "Computer" means a device that accepts, processes, stores,
21retrieves or outputs data, and includes but is not limited to
22auxiliary storage and telecommunications devices connected to
23computers.
24 "Continuing course of conduct" means a series of acts, and
25the accompanying mental state necessary for the crime in
26question, irrespective of whether the series of acts are

SB0058- 96 -LRB101 05104 SLF 50115 b
1continuous or intermittent.
2 "Delivery container" means any bakery basket of wire or
3plastic used to transport or store bread or bakery products,
4any dairy case of wire or plastic used to transport or store
5dairy products, and any dolly or cart of 2 or 4 wheels used to
6transport or store any bakery or dairy product.
7 "Document-making implement" means any implement,
8impression, template, computer file, computer disc, electronic
9device, computer hardware, computer software, instrument, or
10device that is used to make a real or fictitious or fraudulent
11personal identification document.
12 "Financial transaction device" means any of the following:
13 (1) An electronic funds transfer card.
14 (2) A credit card.
15 (3) A debit card.
16 (4) A point-of-sale card.
17 (5) Any instrument, device, card, plate, code, account
18 number, personal identification number, or a record or copy
19 of a code, account number, or personal identification
20 number or other means of access to a credit account or
21 deposit account, or a driver's license or State
22 identification card used to access a proprietary account,
23 other than access originated solely by a paper instrument,
24 that can be used alone or in conjunction with another
25 access device, for any of the following purposes:
26 (A) Obtaining money, cash refund or credit

SB0058- 97 -LRB101 05104 SLF 50115 b
1 account, credit, goods, services, or any other thing of
2 value.
3 (B) Certifying or guaranteeing to a person or
4 business the availability to the device holder of funds
5 on deposit to honor a draft or check payable to the
6 order of that person or business.
7 (C) Providing the device holder access to a deposit
8 account for the purpose of making deposits,
9 withdrawing funds, transferring funds between deposit
10 accounts, obtaining information pertaining to a
11 deposit account, or making an electronic funds
12 transfer.
13 "Full retail value" means the merchant's stated or
14advertised price of the merchandise. "Full retail value"
15includes the aggregate value of property obtained from retail
16thefts committed by the same person as part of a continuing
17course of conduct from one or more mercantile establishments in
18a single transaction or in separate transactions over a period
19of one year.
20 "Internet" means an interactive computer service or system
21or an information service, system, or access software provider
22that provides or enables computer access by multiple users to a
23computer server, and includes, but is not limited to, an
24information service, system, or access software provider that
25provides access to a network system commonly known as the
26Internet, or any comparable system or service and also

SB0058- 98 -LRB101 05104 SLF 50115 b
1includes, but is not limited to, a World Wide Web page,
2newsgroup, message board, mailing list, or chat area on any
3interactive computer service or system or other online service.
4 "Library card" means a card or plate issued by a library
5facility for purposes of identifying the person to whom the
6library card was issued as authorized to borrow library
7material, subject to all limitations and conditions imposed on
8the borrowing by the library facility issuing such card.
9 "Library facility" includes any public library or museum,
10or any library or museum of an educational, historical or
11eleemosynary institution, organization or society.
12 "Library material" includes any book, plate, picture,
13photograph, engraving, painting, sculpture, statue, artifact,
14drawing, map, newspaper, pamphlet, broadside, magazine,
15manuscript, document, letter, microfilm, sound recording,
16audiovisual material, magnetic or other tape, electronic data
17processing record or other documentary, written or printed
18material regardless of physical form or characteristics, or any
19part thereof, belonging to, or on loan to or otherwise in the
20custody of a library facility.
21 "Manufacture or assembly of an unlawful access device"
22means to make, produce or assemble an unlawful access device or
23to modify, alter, program or re-program any instrument, device,
24machine, equipment or software so that it is capable of
25defeating or circumventing any technology, device or software
26used by the provider, owner or licensee of a communication

SB0058- 99 -LRB101 05104 SLF 50115 b
1service or of any data, audio or video programs or
2transmissions to protect any such communication, data, audio or
3video services, programs or transmissions from unauthorized
4access, acquisition, disclosure, receipt, decryption,
5communication, transmission or re-transmission.
6 "Manufacture or assembly of an unlawful communication
7device" means to make, produce or assemble an unlawful
8communication or wireless device or to modify, alter, program
9or reprogram a communication or wireless device to be capable
10of acquiring, disrupting, receiving, transmitting, decrypting,
11or facilitating the acquisition, disruption, receipt,
12transmission or decryption of, a communication service without
13the express consent or express authorization of the
14communication service provider, or to knowingly assist others
15in those activities.
16 "Master sound recording" means the original physical
17object on which a given set of sounds were first recorded and
18which the original object from which all subsequent sound
19recordings embodying the same set of sounds are directly or
20indirectly derived.
21 "Merchandise" means any item of tangible personal
22property, including motor fuel.
23 "Merchant" means an owner or operator of any retail
24mercantile establishment or any agent, employee, lessee,
25consignee, officer, director, franchisee, or independent
26contractor of the owner or operator. "Merchant" also means a

SB0058- 100 -LRB101 05104 SLF 50115 b
1person who receives from an authorized user of a payment card,
2or someone the person believes to be an authorized user, a
3payment card or information from a payment card, or what the
4person believes to be a payment card or information from a
5payment card, as the instrument for obtaining, purchasing or
6receiving goods, services, money, or anything else of value
7from the person.
8 "Motor fuel" means a liquid, regardless of its properties,
9used to propel a vehicle, including gasoline and diesel.
10 "Online" means the use of any electronic or wireless device
11to access the Internet.
12 "Payment card" means a credit card, charge card, debit
13card, or any other card that is issued to an authorized card
14user and that allows the user to obtain, purchase, or receive
15goods, services, money, or anything else of value from a
16merchant.
17 "Person with a disability" means a person who suffers from
18a physical or mental impairment resulting from disease, injury,
19functional disorder or congenital condition that impairs the
20individual's mental or physical ability to independently
21manage his or her property or financial resources, or both.
22 "Personal identification document" means a birth
23certificate, a driver's license, a State identification card, a
24public, government, or private employment identification card,
25a social security card, a license issued under the Firearm
26Concealed Carry Act firearm owner's identification card, a

SB0058- 101 -LRB101 05104 SLF 50115 b
1credit card, a debit card, or a passport issued to or on behalf
2of a person other than the offender, or any document made or
3issued, or falsely purported to have been made or issued, by or
4under the authority of the United States Government, the State
5of Illinois, or any other state political subdivision of any
6state, or any other governmental or quasi-governmental
7organization that is of a type intended for the purpose of
8identification of an individual, or any such document made or
9altered in a manner that it falsely purports to have been made
10on behalf of or issued to another person or by the authority of
11one who did not give that authority.
12 "Personal identifying information" means any of the
13following information:
14 (1) A person's name.
15 (2) A person's address.
16 (3) A person's date of birth.
17 (4) A person's telephone number.
18 (5) A person's driver's license number or State of
19 Illinois identification card as assigned by the Secretary
20 of State of the State of Illinois or a similar agency of
21 another state.
22 (6) A person's social security number.
23 (7) A person's public, private, or government
24 employer, place of employment, or employment
25 identification number.
26 (8) The maiden name of a person's mother.

SB0058- 102 -LRB101 05104 SLF 50115 b
1 (9) The number assigned to a person's depository
2 account, savings account, or brokerage account.
3 (10) The number assigned to a person's credit or debit
4 card, commonly known as a "Visa Card", "MasterCard",
5 "American Express Card", "Discover Card", or other similar
6 cards whether issued by a financial institution,
7 corporation, or business entity.
8 (11) Personal identification numbers.
9 (12) Electronic identification numbers.
10 (13) Digital signals.
11 (14) User names, passwords, and any other word, number,
12 character or combination of the same usable in whole or
13 part to access information relating to a specific
14 individual, or to the actions taken, communications made or
15 received, or other activities or transactions of a specific
16 individual.
17 (15) Any other numbers or information which can be used
18 to access a person's financial resources, or to identify a
19 specific individual, or the actions taken, communications
20 made or received, or other activities or transactions of a
21 specific individual.
22 "Premises of a retail mercantile establishment" includes,
23but is not limited to, the retail mercantile establishment; any
24common use areas in shopping centers; and all parking areas set
25aside by a merchant or on behalf of a merchant for the parking
26of vehicles for the convenience of the patrons of such retail

SB0058- 103 -LRB101 05104 SLF 50115 b
1mercantile establishment.
2 "Public water, gas, or power supply, or other public
3services" mean any service subject to regulation by the
4Illinois Commerce Commission; any service furnished by a public
5utility that is owned and operated by any political
6subdivision, public institution of higher education or
7municipal corporation of this State; any service furnished by
8any public utility that is owned by such political subdivision,
9public institution of higher education, or municipal
10corporation and operated by any of its lessees or operating
11agents; any service furnished by an electric cooperative as
12defined in Section 3.4 of the Electric Supplier Act; or
13wireless service or other service regulated by the Federal
14Communications Commission.
15 "Publish" means to communicate or disseminate information
16to any one or more persons, either orally, in person, or by
17telephone, radio or television or in writing of any kind,
18including, without limitation, a letter or memorandum,
19circular or handbill, newspaper or magazine article or book.
20 "Radio frequency identification device" means any
21implement, computer file, computer disc, electronic device,
22computer hardware, computer software, or instrument that is
23used to activate, read, receive, or decode information stored
24on a RFID tag or transponder attached to a personal
25identification document.
26 "RFID tag or transponder" means a chip or device that

SB0058- 104 -LRB101 05104 SLF 50115 b
1contains personal identifying information from which the
2personal identifying information can be read or decoded by
3another device emitting a radio frequency that activates or
4powers a radio frequency emission response from the chip or
5transponder.
6 "Reencoder" means an electronic device that places encoded
7information from the magnetic strip or stripe of a payment card
8onto the magnetic strip or stripe of a different payment card.
9 "Retail mercantile establishment" means any place where
10merchandise is displayed, held, stored or offered for sale to
11the public.
12 "Scanning device" means a scanner, reader, or any other
13electronic device that is used to access, read, scan, obtain,
14memorize, or store, temporarily or permanently, information
15encoded on the magnetic strip or stripe of a payment card.
16 "Shopping cart" means those push carts of the type or types
17which are commonly provided by grocery stores, drug stores or
18other retail mercantile establishments for the use of the
19public in transporting commodities in stores and markets and,
20incidentally, from the stores to a place outside the store.
21 "Sound or audio visual recording" means any sound or audio
22visual phonograph record, disc, pre-recorded tape, film, wire,
23magnetic tape or other object, device or medium, now known or
24hereafter invented, by which sounds or images may be reproduced
25with or without the use of any additional machine, equipment or
26device.

SB0058- 105 -LRB101 05104 SLF 50115 b
1 "Theft detection device remover" means any tool or device
2specifically designed and intended to be used to remove any
3theft detection device from any merchandise.
4 "Under-ring" means to cause the cash register or other
5sales recording device to reflect less than the full retail
6value of the merchandise.
7 "Unidentified sound or audio visual recording" means a
8sound or audio visual recording without the actual name and
9full and correct street address of the manufacturer, and the
10name of the actual performers or groups prominently and legibly
11printed on the outside cover or jacket and on the label of such
12sound or audio visual recording.
13 "Unlawful access device" means any type of instrument,
14device, machine, equipment, technology, or software which is
15primarily possessed, used, designed, assembled, manufactured,
16sold, distributed or offered, promoted or advertised for the
17purpose of defeating or circumventing any technology, device or
18software, or any component or part thereof, used by the
19provider, owner or licensee of any communication service or of
20any data, audio or video programs or transmissions to protect
21any such communication, audio or video services, programs or
22transmissions from unauthorized access, acquisition, receipt,
23decryption, disclosure, communication, transmission or
24re-transmission.
25 "Unlawful communication device" means any electronic
26serial number, mobile identification number, personal

SB0058- 106 -LRB101 05104 SLF 50115 b
1identification number or any communication or wireless device
2that is capable of acquiring or facilitating the acquisition of
3a communication service without the express consent or express
4authorization of the communication service provider, or that
5has been altered, modified, programmed or reprogrammed, alone
6or in conjunction with another communication or wireless device
7or other equipment, to so acquire or facilitate the
8unauthorized acquisition of a communication service. "Unlawful
9communication device" also means:
10 (1) any phone altered to obtain service without the
11 express consent or express authorization of the
12 communication service provider, tumbler phone, counterfeit
13 or clone phone, tumbler microchip, counterfeit or clone
14 microchip, scanning receiver of wireless communication
15 service or other instrument capable of disguising its
16 identity or location or of gaining unauthorized access to a
17 communications or wireless system operated by a
18 communication service provider; and
19 (2) any communication or wireless device which is
20 capable of, or has been altered, designed, modified,
21 programmed or reprogrammed, alone or in conjunction with
22 another communication or wireless device or devices, so as
23 to be capable of, facilitating the disruption,
24 acquisition, receipt, transmission or decryption of a
25 communication service without the express consent or
26 express authorization of the communication service

SB0058- 107 -LRB101 05104 SLF 50115 b
1 provider, including, but not limited to, any device,
2 technology, product, service, equipment, computer software
3 or component or part thereof, primarily distributed, sold,
4 designed, assembled, manufactured, modified, programmed,
5 reprogrammed or used for the purpose of providing the
6 unauthorized receipt of, transmission of, disruption of,
7 decryption of, access to or acquisition of any
8 communication service provided by any communication
9 service provider.
10 "Vehicle" means a motor vehicle, motorcycle, or farm
11implement that is self-propelled and that uses motor fuel for
12propulsion.
13 "Wireless device" includes any type of instrument, device,
14machine, or equipment that is capable of transmitting or
15receiving telephonic, electronic or radio communications, or
16any part of such instrument, device, machine, or equipment, or
17any computer circuit, computer chip, electronic mechanism, or
18other component that is capable of facilitating the
19transmission or reception of telephonic, electronic, or radio
20communications.
21(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
221-1-12; 97-1109, eff. 1-1-13.)
23 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
24 Sec. 17-30. Defaced, altered, or removed manufacturer or
25owner identification number.

SB0058- 108 -LRB101 05104 SLF 50115 b
1 (a) Unlawful sale of household appliances. A person commits
2unlawful sale of household appliances when he or she knowingly,
3with the intent to defraud or deceive another, keeps for sale,
4within any commercial context, any household appliance with a
5missing, defaced, obliterated, or otherwise altered
6manufacturer's identification number.
7 (b) Construction equipment identification defacement. A
8person commits construction equipment identification
9defacement when he or she knowingly changes, alters, removes,
10mutilates, or obliterates a permanently affixed serial number,
11product identification number, part number, component
12identification number, owner-applied identification, or other
13mark of identification attached to or stamped, inscribed,
14molded, or etched into a machine or other equipment, whether
15stationary or mobile or self-propelled, or a part of such
16machine or equipment, used in the construction, maintenance, or
17demolition of buildings, structures, bridges, tunnels, sewers,
18utility pipes or lines, ditches or open cuts, roads, highways,
19dams, airports, or waterways or in material handling for such
20projects.
21 The trier of fact may infer that the defendant has
22knowingly changed, altered, removed, or obliterated the serial
23number, product identification number, part number, component
24identification number, owner-applied identification number, or
25other mark of identification, if the defendant was in
26possession of any machine or other equipment or a part of such

SB0058- 109 -LRB101 05104 SLF 50115 b
1machine or equipment used in the construction, maintenance, or
2demolition of buildings, structures, bridges, tunnels, sewers,
3utility pipes or lines, ditches or open cuts, roads, highways,
4dams, airports, or waterways or in material handling for such
5projects upon which any such serial number, product
6identification number, part number, component identification
7number, owner-applied identification number, or other mark of
8identification has been changed, altered, removed, or
9obliterated.
10 (c) Defacement of manufacturer's serial number or
11identification mark. A person commits defacement of a
12manufacturer's serial number or identification mark when he or
13she knowingly removes, alters, defaces, covers, or destroys the
14manufacturer's serial number or any other manufacturer's
15number or distinguishing identification mark upon any machine
16or other article of merchandise, other than a motor vehicle as
17defined in Section 1-146 of the Illinois Vehicle Code or a
18firearm as defined in the Firearm Owners Identification Card
19Act, with the intent of concealing or destroying the identity
20of such machine or other article of merchandise.
21 (d) Sentence.
22 (1) A violation of subsection (a) of this Section is a
23 Class 4 felony if the value of the appliance or appliances
24 exceeds $1,000 and a Class B misdemeanor if the value of
25 the appliance or appliances is $1,000 or less.
26 (2) A violation of subsection (b) of this Section is a

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1 Class A misdemeanor.
2 (3) A violation of subsection (c) of this Section is a
3 Class B misdemeanor.
4 (e) No liability shall be imposed upon any person for the
5unintentional failure to comply with subsection (a).
6 (f) Definitions. In this Section:
7 "Commercial context" means a continuing business
8enterprise conducted for profit by any person whose primary
9business is the wholesale or retail marketing of household
10appliances, or a significant portion of whose business or
11inventory consists of household appliances kept or sold on a
12wholesale or retail basis.
13 "Household appliance" means any gas or electric device or
14machine marketed for use as home entertainment or for
15facilitating or expediting household tasks or chores. The term
16shall include but not necessarily be limited to refrigerators,
17freezers, ranges, radios, television sets, vacuum cleaners,
18toasters, dishwashers, and other similar household items.
19 "Manufacturer's identification number" means any serial
20number or other similar numerical or alphabetical designation
21imprinted upon or attached to or placed, stamped, or otherwise
22imprinted upon or attached to a household appliance or item by
23the manufacturer for purposes of identifying a particular
24appliance or item individually or by lot number.
25(Source: P.A. 96-1551, eff. 7-1-11.)

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1 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
2 Sec. 24-1. Unlawful use of weapons.
3 (a) A person commits the offense of unlawful use of weapons
4when he knowingly:
5 (1) Sells, manufactures, purchases, possesses or
6 carries any bludgeon, black-jack, slung-shot, sand-club,
7 sand-bag, metal knuckles or other knuckle weapon
8 regardless of its composition, throwing star, or any knife,
9 commonly referred to as a switchblade knife, which has a
10 blade that opens automatically by hand pressure applied to
11 a button, spring or other device in the handle of the
12 knife, or a ballistic knife, which is a device that propels
13 a knifelike blade as a projectile by means of a coil
14 spring, elastic material or compressed gas; or
15 (2) Carries or possesses with intent to use the same
16 unlawfully against another, a dagger, dirk, billy,
17 dangerous knife, razor, stiletto, broken bottle or other
18 piece of glass, stun gun or taser or any other dangerous or
19 deadly weapon or instrument of like character; or
20 (3) Carries on or about his person or in any vehicle, a
21 tear gas gun projector or bomb or any object containing
22 noxious liquid gas or substance, other than an object
23 containing a non-lethal noxious liquid gas or substance
24 designed solely for personal defense carried by a person 18
25 years of age or older; or
26 (4) Carries or possesses in any vehicle or concealed on

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1 or about his person except when on his land or in his own
2 abode, legal dwelling, or fixed place of business, or on
3 the land or in the legal dwelling of another person as an
4 invitee with that person's permission, any pistol,
5 revolver, stun gun or taser or other firearm, except that
6 this subsection (a) (4) does not apply to or affect
7 transportation of weapons that meet one of the following
8 conditions:
9 (i) are broken down in a non-functioning state; or
10 (ii) are not immediately accessible; or
11 (iii) are unloaded and enclosed in a case, firearm
12 carrying box, shipping box, or other container by a
13 person eligible under State and federal law to possess
14 a firearm who has been issued a currently valid Firearm
15 Owner's Identification Card; or
16 (iv) are carried or possessed in accordance with
17 the Firearm Concealed Carry Act by a person who has
18 been issued a currently valid license under the Firearm
19 Concealed Carry Act; or
20 (5) Sets a spring gun; or
21 (6) Possesses any device or attachment of any kind
22 designed, used or intended for use in silencing the report
23 of any firearm; or
24 (7) Sells, manufactures, purchases, possesses or
25 carries:
26 (i) a machine gun, which shall be defined for the

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1 purposes of this subsection as any weapon, which
2 shoots, is designed to shoot, or can be readily
3 restored to shoot, automatically more than one shot
4 without manually reloading by a single function of the
5 trigger, including the frame or receiver of any such
6 weapon, or sells, manufactures, purchases, possesses,
7 or carries any combination of parts designed or
8 intended for use in converting any weapon into a
9 machine gun, or any combination or parts from which a
10 machine gun can be assembled if such parts are in the
11 possession or under the control of a person;
12 (ii) any rifle having one or more barrels less than
13 16 inches in length or a shotgun having one or more
14 barrels less than 18 inches in length or any weapon
15 made from a rifle or shotgun, whether by alteration,
16 modification, or otherwise, if such a weapon as
17 modified has an overall length of less than 26 inches;
18 or
19 (iii) any bomb, bomb-shell, grenade, bottle or
20 other container containing an explosive substance of
21 over one-quarter ounce for like purposes, such as, but
22 not limited to, black powder bombs and Molotov
23 cocktails or artillery projectiles; or
24 (8) Carries or possesses any firearm, stun gun or taser
25 or other deadly weapon in any place which is licensed to
26 sell intoxicating beverages, or at any public gathering

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1 held pursuant to a license issued by any governmental body
2 or any public gathering at which an admission is charged,
3 excluding a place where a showing, demonstration or lecture
4 involving the exhibition of unloaded firearms is
5 conducted.
6 This subsection (a)(8) does not apply to any auction or
7 raffle of a firearm held pursuant to a license or permit
8 issued by a governmental body, nor does it apply to persons
9 engaged in firearm safety training courses; or
10 (9) Carries or possesses in a vehicle or on or about
11 his person any pistol, revolver, stun gun or taser or
12 firearm or ballistic knife, when he is hooded, robed or
13 masked in such manner as to conceal his identity; or
14 (10) Carries or possesses on or about his person, upon
15 any public street, alley, or other public lands within the
16 corporate limits of a city, village or incorporated town,
17 except when an invitee thereon or therein, for the purpose
18 of the display of such weapon or the lawful commerce in
19 weapons, or except when on his land or in his own abode,
20 legal dwelling, or fixed place of business, or on the land
21 or in the legal dwelling of another person as an invitee
22 with that person's permission, any pistol, revolver, stun
23 gun or taser or other firearm, except that this subsection
24 (a) (10) does not apply to or affect transportation of
25 weapons that meet one of the following conditions:
26 (i) are broken down in a non-functioning state; or

SB0058- 115 -LRB101 05104 SLF 50115 b
1 (ii) are not immediately accessible; or
2 (iii) are unloaded and enclosed in a case, firearm
3 carrying box, shipping box, or other container by a
4 person eligible under State and federal law to possess
5 a firearm who has been issued a currently valid Firearm
6 Owner's Identification Card; or
7 (iv) are carried or possessed in accordance with
8 the Firearm Concealed Carry Act by a person who has
9 been issued a currently valid license under the Firearm
10 Concealed Carry Act.
11 A "stun gun or taser", as used in this paragraph (a)
12 means (i) any device which is powered by electrical
13 charging units, such as, batteries, and which fires one or
14 several barbs attached to a length of wire and which, upon
15 hitting a human, can send out a current capable of
16 disrupting the person's nervous system in such a manner as
17 to render him incapable of normal functioning or (ii) any
18 device which is powered by electrical charging units, such
19 as batteries, and which, upon contact with a human or
20 clothing worn by a human, can send out current capable of
21 disrupting the person's nervous system in such a manner as
22 to render him incapable of normal functioning; or
23 (11) Sells, manufactures or purchases any explosive
24 bullet. For purposes of this paragraph (a) "explosive
25 bullet" means the projectile portion of an ammunition
26 cartridge which contains or carries an explosive charge

SB0058- 116 -LRB101 05104 SLF 50115 b
1 which will explode upon contact with the flesh of a human
2 or an animal. "Cartridge" means a tubular metal case having
3 a projectile affixed at the front thereof and a cap or
4 primer at the rear end thereof, with the propellant
5 contained in such tube between the projectile and the cap;
6 or
7 (12) (Blank); or
8 (13) Carries or possesses on or about his or her person
9 while in a building occupied by a unit of government, a
10 billy club, other weapon of like character, or other
11 instrument of like character intended for use as a weapon.
12 For the purposes of this Section, "billy club" means a
13 short stick or club commonly carried by police officers
14 which is either telescopic or constructed of a solid piece
15 of wood or other man-made material.
16 (b) Sentence. A person convicted of a violation of
17subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
18subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
19Class A misdemeanor. A person convicted of a violation of
20subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
21person convicted of a violation of subsection 24-1(a)(6) or
2224-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
23convicted of a violation of subsection 24-1(a)(7)(i) commits a
24Class 2 felony and shall be sentenced to a term of imprisonment
25of not less than 3 years and not more than 7 years, unless the
26weapon is possessed in the passenger compartment of a motor

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1vehicle as defined in Section 1-146 of the Illinois Vehicle
2Code, or on the person, while the weapon is loaded, in which
3case it shall be a Class X felony. A person convicted of a
4second or subsequent violation of subsection 24-1(a)(4),
524-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
6felony. The possession of each weapon in violation of this
7Section constitutes a single and separate violation.
8 (c) Violations in specific places.
9 (1) A person who violates subsection 24-1(a)(6) or
10 24-1(a)(7) in any school, regardless of the time of day or
11 the time of year, in residential property owned, operated
12 or managed by a public housing agency or leased by a public
13 housing agency as part of a scattered site or mixed-income
14 development, in a public park, in a courthouse, on the real
15 property comprising any school, regardless of the time of
16 day or the time of year, on residential property owned,
17 operated or managed by a public housing agency or leased by
18 a public housing agency as part of a scattered site or
19 mixed-income development, on the real property comprising
20 any public park, on the real property comprising any
21 courthouse, in any conveyance owned, leased or contracted
22 by a school to transport students to or from school or a
23 school related activity, in any conveyance owned, leased,
24 or contracted by a public transportation agency, or on any
25 public way within 1,000 feet of the real property
26 comprising any school, public park, courthouse, public

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

SB0058- 119 -LRB101 05104 SLF 50115 b
1 public housing agency or leased by a public housing agency
2 as part of a scattered site or mixed-income development
3 commits a Class 3 felony.
4 (2) A person who violates subsection 24-1(a)(1),
5 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
6 time of day or the time of year, in residential property
7 owned, operated or managed by a public housing agency or
8 leased by a public housing agency as part of a scattered
9 site or mixed-income development, in a public park, in a
10 courthouse, on the real property comprising any school,
11 regardless of the time of day or the time of year, on
12 residential property owned, operated or managed by a public
13 housing agency or leased by a public housing agency as part
14 of a scattered site or mixed-income development, on the
15 real property comprising any public park, on the real
16 property comprising any courthouse, in any conveyance
17 owned, leased or contracted by a school to transport
18 students to or from school or a school related activity, in
19 any conveyance owned, leased, or contracted by a public
20 transportation agency, or on any public way within 1,000
21 feet of the real property comprising any school, public
22 park, courthouse, public transportation facility, or
23 residential property owned, operated, or managed by a
24 public housing agency or leased by a public housing agency
25 as part of a scattered site or mixed-income development
26 commits a Class 4 felony. "Courthouse" means any building

SB0058- 120 -LRB101 05104 SLF 50115 b
1 that is used by the Circuit, Appellate, or Supreme Court of
2 this State for the conduct of official business.
3 (3) Paragraphs (1), (1.5), and (2) of this subsection
4 (c) shall not apply to law enforcement officers or security
5 officers of such school, college, or university or to
6 students carrying or possessing firearms for use in
7 training courses, parades, hunting, target shooting on
8 school ranges, or otherwise with the consent of school
9 authorities and which firearms are transported unloaded
10 enclosed in a suitable case, box, or transportation
11 package.
12 (4) For the purposes of this subsection (c), "school"
13 means any public or private elementary or secondary school,
14 community college, college, or university.
15 (5) For the purposes of this subsection (c), "public
16 transportation agency" means a public or private agency
17 that provides for the transportation or conveyance of
18 persons by means available to the general public, except
19 for transportation by automobiles not used for conveyance
20 of the general public as passengers; and "public
21 transportation facility" means a terminal or other place
22 where one may obtain public transportation.
23 (d) The presence in an automobile other than a public
24omnibus of any weapon, instrument or substance referred to in
25subsection (a)(7) is prima facie evidence that it is in the
26possession of, and is being carried by, all persons occupying

SB0058- 121 -LRB101 05104 SLF 50115 b
1such automobile at the time such weapon, instrument or
2substance is found, except under the following circumstances:
3(i) if such weapon, instrument or instrumentality is found upon
4the person of one of the occupants therein; or (ii) if such
5weapon, instrument or substance is found in an automobile
6operated for hire by a duly licensed driver in the due, lawful
7and proper pursuit of his trade, then such presumption shall
8not apply to the driver.
9 (e) Exemptions.
10 (1) Crossbows, Common or Compound bows and Underwater
11 Spearguns are exempted from the definition of ballistic
12 knife as defined in paragraph (1) of subsection (a) of this
13 Section.
14 (2) The provision of paragraph (1) of subsection (a) of
15 this Section prohibiting the sale, manufacture, purchase,
16 possession, or carrying of any knife, commonly referred to
17 as a switchblade knife, which has a blade that opens
18 automatically by hand pressure applied to a button, spring
19 or other device in the handle of the knife, does not apply
20 to a person eligible under State and federal law to possess
21 a firearm who possesses a currently valid Firearm Owner's
22 Identification Card previously issued in his or her name by
23 the Department of State Police or to a person or an entity
24 engaged in the business of selling or manufacturing
25 switchblade knives.
26(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)

SB0058- 122 -LRB101 05104 SLF 50115 b
1 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
2 Sec. 24-1.1. Unlawful use or possession of weapons by
3felons or persons in the custody of the Department of
4Corrections facilities.
5 (a) It is unlawful for a person to knowingly possess on or
6about his person or on his land or in his own abode or fixed
7place of business any weapon prohibited under Section 24-1 of
8this Act or any firearm or any firearm ammunition if the person
9has been convicted of a felony under the laws of this State or
10any other jurisdiction. This Section shall not apply if the
11person has been granted relief under this subsection by the
12Director of the Department of State Police under Section 10 of
13the Firearm Owners Identification Card Act. A person prohibited
14from possessing a firearm under this subsection (a) may
15petition the Director of State Police for a hearing and relief
16from the prohibition, unless the prohibition was based upon a
17forcible felony, stalking, aggravated stalking, domestic
18battery, any violation of the Illinois Controlled Substances
19Act, the Methamphetamine Control and Community Protection Act,
20or the Cannabis Control Act that is classified as a Class 2 or
21greater felony, any felony violation of Article 24 of the
22Criminal Code of 1961 or the Criminal Code of 2012, or any
23adjudication as a delinquent minor for the commission of an
24offense that if committed by an adult would be a felony, in
25which case the person may petition the circuit court in writing

SB0058- 123 -LRB101 05104 SLF 50115 b
1in the county of his or her residence for a hearing and relief
2from the prohibition. The Director or court may grant the
3relief if it is established by the petitioner to the court's or
4Director's satisfaction that:
5 (1) when in the circuit court, the State's Attorney has
6 been served with a written copy of the petition at least 30
7 days before any hearing in the circuit court and at the
8 hearing the State's Attorney was afforded an opportunity to
9 present evidence and object to the petition;
10 (2) the petitioner has not been convicted of a forcible
11 felony under the laws of this State or any other
12 jurisdiction within 20 years of the filing of the petition,
13 or at least 20 years have passed since the end of any
14 period of imprisonment imposed in relation to that
15 conviction;
16 (3) the circumstances regarding a criminal conviction,
17 where applicable, the petitioner's criminal history and
18 his or her reputation are such that the petitioner will not
19 be likely to act in a manner dangerous to public safety;
20 (4) granting relief would not be contrary to the public
21 interest; and
22 (5) granting relief would not be contrary to federal
23 law.
24 (b) It is unlawful for any person confined in a penal
25institution, which is a facility of the Illinois Department of
26Corrections, to possess any weapon prohibited under Section

SB0058- 124 -LRB101 05104 SLF 50115 b
124-1 of this Code or any firearm or firearm ammunition,
2regardless of the intent with which he possesses it.
3 (c) It shall be an affirmative defense to a violation of
4subsection (b), that such possession was specifically
5authorized by rule, regulation, or directive of the Illinois
6Department of Corrections or order issued pursuant thereto.
7 (d) The defense of necessity is not available to a person
8who is charged with a violation of subsection (b) of this
9Section.
10 (e) Sentence. Violation of this Section by a person not
11confined in a penal institution shall be a Class 3 felony for
12which the person shall be sentenced to no less than 2 years and
13no more than 10 years. A second or subsequent violation of this
14Section shall be a Class 2 felony for which the person shall be
15sentenced to a term of imprisonment of not less than 3 years
16and not more than 14 years, except as provided for in Section
175-4.5-110 of the Unified Code of Corrections. Violation of this
18Section by a person not confined in a penal institution who has
19been convicted of a forcible felony, a felony violation of
20Article 24 of this Code or of the Firearm Owners Identification
21Card Act, stalking or aggravated stalking, or a Class 2 or
22greater felony under the Illinois Controlled Substances Act,
23the Cannabis Control Act, or the Methamphetamine Control and
24Community Protection Act is a Class 2 felony for which the
25person shall be sentenced to not less than 3 years and not more
26than 14 years, except as provided for in Section 5-4.5-110 of

SB0058- 125 -LRB101 05104 SLF 50115 b
1the Unified Code of Corrections. Violation of this Section by a
2person who is on parole or mandatory supervised release is a
3Class 2 felony for which the person shall be sentenced to not
4less than 3 years and not more than 14 years, except as
5provided for in Section 5-4.5-110 of the Unified Code of
6Corrections. Violation of this Section by a person not confined
7in a penal institution is a Class X felony when the firearm
8possessed is a machine gun. Any person who violates this
9Section while confined in a penal institution, which is a
10facility of the Illinois Department of Corrections, is guilty
11of a Class 1 felony, if he possesses any weapon prohibited
12under Section 24-1 of this Code regardless of the intent with
13which he possesses it, a Class X felony if he possesses any
14firearm, firearm ammunition or explosive, and a Class X felony
15for which the offender shall be sentenced to not less than 12
16years and not more than 50 years when the firearm possessed is
17a machine gun. A violation of this Section while wearing or in
18possession of body armor as defined in Section 33F-1 is a Class
19X felony punishable by a term of imprisonment of not less than
2010 years and not more than 40 years. The possession of each
21firearm or firearm ammunition in violation of this Section
22constitutes a single and separate violation.
23(Source: P.A. 100-3, eff. 1-1-18.)
24 (720 ILCS 5/24-1.6)
25 Sec. 24-1.6. Aggravated unlawful use of a weapon.

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1 (a) A person commits the offense of aggravated unlawful use
2of a weapon when he or she knowingly:
3 (1) Carries on or about his or her person or in any
4 vehicle or concealed on or about his or her person except
5 when on his or her land or in his or her abode, legal
6 dwelling, or fixed place of business, or on the land or in
7 the legal dwelling of another person as an invitee with
8 that person's permission, any pistol, revolver, stun gun or
9 taser or other firearm; or
10 (2) Carries or possesses on or about his or her person,
11 upon any public street, alley, or other public lands within
12 the corporate limits of a city, village or incorporated
13 town, except when an invitee thereon or therein, for the
14 purpose of the display of such weapon or the lawful
15 commerce in weapons, or except when on his or her own land
16 or in his or her own abode, legal dwelling, or fixed place
17 of business, or on the land or in the legal dwelling of
18 another person as an invitee with that person's permission,
19 any pistol, revolver, stun gun or taser or other firearm;
20 and
21 (3) One of the following factors is present:
22 (A) the firearm, other than a pistol, revolver, or
23 handgun, possessed was uncased, loaded, and
24 immediately accessible at the time of the offense; or
25 (A-5) the pistol, revolver, or handgun possessed
26 was uncased, loaded, and immediately accessible at the

SB0058- 127 -LRB101 05104 SLF 50115 b
1 time of the offense and the person possessing the
2 pistol, revolver, or handgun has not been issued a
3 currently valid license under the Firearm Concealed
4 Carry Act; or
5 (B) the firearm, other than a pistol, revolver, or
6 handgun, possessed was uncased, unloaded, and the
7 ammunition for the weapon was immediately accessible
8 at the time of the offense; or
9 (B-5) the pistol, revolver, or handgun possessed
10 was uncased, unloaded, and the ammunition for the
11 weapon was immediately accessible at the time of the
12 offense and the person possessing the pistol,
13 revolver, or handgun has not been issued a currently
14 valid license under the Firearm Concealed Carry Act; or
15 (C) (blank); or the person possessing the firearm
16 has not been issued a currently valid Firearm Owner's
17 Identification Card; or
18 (D) the person possessing the weapon was
19 previously adjudicated a delinquent minor under the
20 Juvenile Court Act of 1987 for an act that if committed
21 by an adult would be a felony; or
22 (E) the person possessing the weapon was engaged in
23 a misdemeanor violation of the Cannabis Control Act, in
24 a misdemeanor violation of the Illinois Controlled
25 Substances Act, or in a misdemeanor violation of the
26 Methamphetamine Control and Community Protection Act;

SB0058- 128 -LRB101 05104 SLF 50115 b
1 or
2 (F) (blank); or
3 (G) the person possessing the weapon had an order
4 of protection issued against him or her within the
5 previous 2 years; or
6 (H) the person possessing the weapon was engaged in
7 the commission or attempted commission of a
8 misdemeanor involving the use or threat of violence
9 against the person or property of another; or
10 (I) the person possessing the weapon was under 21
11 years of age and in possession of a handgun, unless the
12 person under 21 is engaged in lawful activities under
13 the Wildlife Code or described in subsection
14 24-2(b)(1), (b)(3), or 24-2(f).
15 (a-5) "Handgun" as used in this Section has the meaning
16given to it in Section 5 of the Firearm Concealed Carry Act.
17 (b) "Stun gun or taser" as used in this Section has the
18same definition given to it in Section 24-1 of this Code.
19 (c) This Section does not apply to or affect the
20transportation or possession of weapons that:
21 (i) are broken down in a non-functioning state; or
22 (ii) are not immediately accessible; or
23 (iii) are unloaded and enclosed in a case, firearm
24 carrying box, shipping box, or other container by a person
25 is eligible under State and federal law to possess a
26 firearm who has been issued a currently valid Firearm

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

SB0058- 130 -LRB101 05104 SLF 50115 b
1 by a person who is prohibited under State or federal law
2 from possessing a firearm has not been issued a valid
3 Firearms Owner's Identification Card in accordance with
4 Section 5 of the Firearm Owners Identification Card Act is
5 a Class X felony.
6 (e) The possession of each firearm in violation of this
7Section constitutes a single and separate violation.
8(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
9 (720 ILCS 5/24-1.8)
10 Sec. 24-1.8. Unlawful possession of a firearm by a street
11gang member.
12 (a) A person commits unlawful possession of a firearm by a
13street gang member when he or she knowingly:
14 (1) possesses, carries, or conceals on or about his or
15 her person a firearm and firearm ammunition while on any
16 street, road, alley, gangway, sidewalk, or any other lands,
17 except when inside his or her own abode or inside his or
18 her fixed place of business, and has not been issued a
19 currently valid Firearm Owner's Identification Card and is
20 a member of a street gang; or
21 (2) possesses or carries in any vehicle a firearm and
22 firearm ammunition which are both immediately accessible
23 at the time of the offense while on any street, road,
24 alley, or any other lands, except when inside his or her
25 own abode or garage, and has not been issued a currently

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1 valid Firearm Owner's Identification Card and is a member
2 of a street gang.
3 (b) Unlawful possession of a firearm by a street gang
4member is a Class 2 felony for which the person, if sentenced
5to a term of imprisonment, shall be sentenced to no less than 3
6years and no more than 10 years. A period of probation, a term
7of periodic imprisonment or conditional discharge shall not be
8imposed for the offense of unlawful possession of a firearm by
9a street gang member when the firearm was loaded or contained
10firearm ammunition and the court shall sentence the offender to
11not less than the minimum term of imprisonment authorized for
12the Class 2 felony.
13 (c) For purposes of this Section:
14 "Street gang" or "gang" has the meaning ascribed to it
15 in Section 10 of the Illinois Streetgang Terrorism Omnibus
16 Prevention Act.
17 "Street gang member" or "gang member" has the meaning
18 ascribed to it in Section 10 of the Illinois Streetgang
19 Terrorism Omnibus Prevention Act.
20(Source: P.A. 96-829, eff. 12-3-09.)
21 (720 ILCS 5/24-2)
22 Sec. 24-2. Exemptions.
23 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2424-1(a)(13) and Section 24-1.6 do not apply to or affect any of
25the following:

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

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

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

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

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1 Vendor, and Locksmith Act of 2004. The firearm control card
2 shall be carried by the security guard at all times when he
3 or she is in possession of a concealable weapon permitted
4 by his or her firearm control card. For purposes of this
5 subsection, "financial institution" means a bank, savings
6 and loan association, credit union or company providing
7 armored car services.
8 (9) Any person employed by an armored car company to
9 drive an armored car, while actually engaged in the
10 performance of his duties.
11 (10) Persons who have been classified as peace officers
12 pursuant to the Peace Officer Fire Investigation Act.
13 (11) Investigators of the Office of the State's
14 Attorneys Appellate Prosecutor authorized by the board of
15 governors of the Office of the State's Attorneys Appellate
16 Prosecutor to carry weapons pursuant to Section 7.06 of the
17 State's Attorneys Appellate Prosecutor's Act.
18 (12) Special investigators appointed by a State's
19 Attorney under Section 3-9005 of the Counties Code.
20 (12.5) Probation officers while in the performance of
21 their duties, or while commuting between their homes,
22 places of employment or specific locations that are part of
23 their assigned duties, with the consent of the chief judge
24 of the circuit for which they are employed, if they have
25 received weapons training according to requirements of the
26 Peace Officer and Probation Officer Firearm Training Act.

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

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

SB0058- 139 -LRB101 05104 SLF 50115 b
1 any weapon from which 8 or more shots or bullets can be
2 discharged by a single function of the firing device, or
3 ammunition for such weapons, and actually engaged in the
4 business of manufacturing such weapons or ammunition, but
5 only with respect to activities which are within the lawful
6 scope of such business, such as the manufacture,
7 transportation, or testing of such weapons or ammunition.
8 This exemption does not authorize the general private
9 possession of any weapon from which 8 or more shots or
10 bullets can be discharged by a single function of the
11 firing device, but only such possession and activities as
12 are within the lawful scope of a licensed manufacturing
13 business described in this paragraph.
14 During transportation, such weapons shall be broken
15 down in a non-functioning state or not immediately
16 accessible.
17 (6) The manufacture, transport, testing, delivery,
18 transfer or sale, and all lawful commercial or experimental
19 activities necessary thereto, of rifles, shotguns, and
20 weapons made from rifles or shotguns, or ammunition for
21 such rifles, shotguns or weapons, where engaged in by a
22 person operating as a contractor or subcontractor pursuant
23 to a contract or subcontract for the development and supply
24 of such rifles, shotguns, weapons or ammunition to the
25 United States government or any branch of the Armed Forces
26 of the United States, when such activities are necessary

SB0058- 140 -LRB101 05104 SLF 50115 b
1 and incident to fulfilling the terms of such contract.
2 The exemption granted under this subdivision (c)(6)
3 shall also apply to any authorized agent of any such
4 contractor or subcontractor who is operating within the
5 scope of his employment, where such activities involving
6 such weapon, weapons or ammunition are necessary and
7 incident to fulfilling the terms of such contract.
8 (7) A person possessing a rifle with a barrel or
9 barrels less than 16 inches in length if: (A) the person
10 has been issued a Curios and Relics license from the U.S.
11 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
12 the person is an active member of a bona fide, nationally
13 recognized military re-enacting group and the modification
14 is required and necessary to accurately portray the weapon
15 for historical re-enactment purposes; the re-enactor is in
16 possession of a valid and current re-enacting group
17 membership credential; and the overall length of the weapon
18 as modified is not less than 26 inches.
19 (d) Subsection 24-1(a)(1) does not apply to the purchase,
20possession or carrying of a black-jack or slung-shot by a peace
21officer.
22 (e) Subsection 24-1(a)(8) does not apply to any owner,
23manager or authorized employee of any place specified in that
24subsection nor to any law enforcement officer.
25 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
26Section 24-1.6 do not apply to members of any club or

SB0058- 141 -LRB101 05104 SLF 50115 b
1organization organized for the purpose of practicing shooting
2at targets upon established target ranges, whether public or
3private, while using their firearms on those target ranges.
4 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
5to:
6 (1) Members of the Armed Services or Reserve Forces of
7 the United States or the Illinois National Guard, while in
8 the performance of their official duty.
9 (2) Bonafide collectors of antique or surplus military
10 ordnance.
11 (3) Laboratories having a department of forensic
12 ballistics, or specializing in the development of
13 ammunition or explosive ordnance.
14 (4) Commerce, preparation, assembly or possession of
15 explosive bullets by manufacturers of ammunition licensed
16 by the federal government, in connection with the supply of
17 those organizations and persons exempted by subdivision
18 (g)(1) of this Section, or like organizations and persons
19 outside this State, or the transportation of explosive
20 bullets to any organization or person exempted in this
21 Section by a common carrier or by a vehicle owned or leased
22 by an exempted manufacturer.
23 (g-5) Subsection 24-1(a)(6) does not apply to or affect
24persons licensed under federal law to manufacture any device or
25attachment of any kind designed, used, or intended for use in
26silencing the report of any firearm, firearms, or ammunition

SB0058- 142 -LRB101 05104 SLF 50115 b
1for those firearms equipped with those devices, and actually
2engaged in the business of manufacturing those devices,
3firearms, or ammunition, but only with respect to activities
4that are within the lawful scope of that business, such as the
5manufacture, transportation, or testing of those devices,
6firearms, or ammunition. This exemption does not authorize the
7general private possession of any device or attachment of any
8kind designed, used, or intended for use in silencing the
9report of any firearm, but only such possession and activities
10as are within the lawful scope of a licensed manufacturing
11business described in this subsection (g-5). During
12transportation, these devices shall be detached from any weapon
13or not immediately accessible.
14 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1524-1.6 do not apply to or affect any parole agent or parole
16supervisor who meets the qualifications and conditions
17prescribed in Section 3-14-1.5 of the Unified Code of
18Corrections.
19 (g-7) Subsection 24-1(a)(6) does not apply to a peace
20officer while serving as a member of a tactical response team
21or special operations team. A peace officer may not personally
22own or apply for ownership of a device or attachment of any
23kind designed, used, or intended for use in silencing the
24report of any firearm. These devices shall be owned and
25maintained by lawfully recognized units of government whose
26duties include the investigation of criminal acts.

SB0058- 143 -LRB101 05104 SLF 50115 b
1 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
224-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
3athlete's possession, transport on official Olympic and
4Paralympic transit systems established for athletes, or use of
5competition firearms sanctioned by the International Olympic
6Committee, the International Paralympic Committee, the
7International Shooting Sport Federation, or USA Shooting in
8connection with such athlete's training for and participation
9in shooting competitions at the 2016 Olympic and Paralympic
10Games and sanctioned test events leading up to the 2016 Olympic
11and Paralympic Games.
12 (h) An information or indictment based upon a violation of
13any subsection of this Article need not negative any exemptions
14contained in this Article. The defendant shall have the burden
15of proving such an exemption.
16 (i) Nothing in this Article shall prohibit, apply to, or
17affect the transportation, carrying, or possession, of any
18pistol or revolver, stun gun, taser, or other firearm consigned
19to a common carrier operating under license of the State of
20Illinois or the federal government, where such transportation,
21carrying, or possession is incident to the lawful
22transportation in which such common carrier is engaged; and
23nothing in this Article shall prohibit, apply to, or affect the
24transportation, carrying, or possession of any pistol,
25revolver, stun gun, taser, or other firearm, not the subject of
26and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

SB0058- 144 -LRB101 05104 SLF 50115 b
1this Article, which is unloaded and enclosed in a case, firearm
2carrying box, shipping box, or other container, by a person
3eligible under State and federal law to possess a firearm the
4possessor of a valid Firearm Owners Identification Card.
5(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
6 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
7 Sec. 24-3. Unlawful sale or delivery of firearms.
8 (A) A person commits the offense of unlawful sale or
9delivery of firearms when he or she knowingly does any of the
10following:
11 (a) Sells or gives any firearm of a size which may be
12 concealed upon the person to any person under 18 years of
13 age.
14 (b) Sells or gives any firearm to a person under 21
15 years of age who has been convicted of a misdemeanor other
16 than a traffic offense or adjudged delinquent.
17 (c) Sells or gives any firearm to any narcotic addict.
18 (d) Sells or gives any firearm to any person who has
19 been convicted of a felony under the laws of this or any
20 other jurisdiction.
21 (e) Sells or gives any firearm to any person who has
22 been a patient in a mental institution within the past 5
23 years. In this subsection (e):
24 "Mental institution" means any hospital,
25 institution, clinic, evaluation facility, mental

SB0058- 145 -LRB101 05104 SLF 50115 b
1 health center, or part thereof, which is used primarily
2 for the care or treatment of persons with mental
3 illness.
4 "Patient in a mental institution" means the person
5 was admitted, either voluntarily or involuntarily, to
6 a mental institution for mental health treatment,
7 unless the treatment was voluntary and solely for an
8 alcohol abuse disorder and no other secondary
9 substance abuse disorder or mental illness.
10 (f) Sells or gives any firearms to any person who is a
11 person with an intellectual disability.
12 (g) Delivers any firearm, incidental to a sale, without
13 withholding delivery of the firearm for at least 72 hours
14 after application for its purchase has been made, or
15 delivers a stun gun or taser, incidental to a sale, without
16 withholding delivery of the stun gun or taser for at least
17 24 hours after application for its purchase has been made.
18 However, this paragraph (g) does not apply to: (1) the sale
19 of a firearm to a law enforcement officer if the seller of
20 the firearm knows that the person to whom he or she is
21 selling the firearm is a law enforcement officer or the
22 sale of a firearm to a person who desires to purchase a
23 firearm for use in promoting the public interest incident
24 to his or her employment as a bank guard, armed truck
25 guard, or other similar employment; (2) a mail order sale
26 of a firearm from a federally licensed firearms dealer to a

SB0058- 146 -LRB101 05104 SLF 50115 b
1 nonresident of Illinois under which the firearm is mailed
2 to a federally licensed firearms dealer outside the
3 boundaries of Illinois; (3) (blank); (4) the sale of a
4 firearm to a dealer licensed as a federal firearms dealer
5 under Section 923 of the federal Gun Control Act of 1968
6 (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
7 shotgun, or other long gun to a resident registered
8 competitor or attendee or non-resident registered
9 competitor or attendee by any dealer licensed as a federal
10 firearms dealer under Section 923 of the federal Gun
11 Control Act of 1968 at competitive shooting events held at
12 the World Shooting Complex sanctioned by a national
13 governing body. For purposes of transfers or sales under
14 subparagraph (5) of this paragraph (g), the Department of
15 Natural Resources shall give notice to the Department of
16 State Police at least 30 calendar days prior to any
17 competitive shooting events at the World Shooting Complex
18 sanctioned by a national governing body. The notification
19 shall be made on a form prescribed by the Department of
20 State Police. The sanctioning body shall provide a list of
21 all registered competitors and attendees at least 24 hours
22 before the events to the Department of State Police. Any
23 changes to the list of registered competitors and attendees
24 shall be forwarded to the Department of State Police as
25 soon as practicable. The Department of State Police must
26 destroy the list of registered competitors and attendees no

SB0058- 147 -LRB101 05104 SLF 50115 b
1 later than 30 days after the date of the event. Nothing in
2 this paragraph (g) relieves a federally licensed firearm
3 dealer from the requirements of conducting a NICS
4 background check through the Illinois Point of Contact
5 under 18 U.S.C. 922(t). For purposes of this paragraph (g),
6 "application" means when the buyer and seller reach an
7 agreement to purchase a firearm. For purposes of this
8 paragraph (g), "national governing body" means a group of
9 persons who adopt rules and formulate policy on behalf of a
10 national firearm sporting organization.
11 (h) While holding any license as a dealer, importer,
12 manufacturer or pawnbroker under the federal Gun Control
13 Act of 1968, manufactures, sells or delivers to any
14 unlicensed person a handgun having a barrel, slide, frame
15 or receiver which is a die casting of zinc alloy or any
16 other nonhomogeneous metal which will melt or deform at a
17 temperature of less than 800 degrees Fahrenheit. For
18 purposes of this paragraph, (1) "firearm" is defined as in
19 the Firearm Owners Identification Card Act; and (2)
20 "handgun" is defined as a firearm designed to be held and
21 fired by the use of a single hand, and includes a
22 combination of parts from which such a firearm can be
23 assembled.
24 (i) Sells or gives a firearm of any size to any person
25 under 18 years of age who is not eligible under State or
26 federal law to possess a firearm does not possess a valid

SB0058- 148 -LRB101 05104 SLF 50115 b
1 Firearm Owner's Identification Card.
2 (j) Sells or gives a firearm while engaged in the
3 business of selling firearms at wholesale or retail without
4 being licensed as a federal firearms dealer under Section
5 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
6 In this paragraph (j):
7 A person "engaged in the business" means a person who
8 devotes time, attention, and labor to engaging in the
9 activity as a regular course of trade or business with the
10 principal objective of livelihood and profit, but does not
11 include a person who makes occasional repairs of firearms
12 or who occasionally fits special barrels, stocks, or
13 trigger mechanisms to firearms.
14 "With the principal objective of livelihood and
15 profit" means that the intent underlying the sale or
16 disposition of firearms is predominantly one of obtaining
17 livelihood and pecuniary gain, as opposed to other intents,
18 such as improving or liquidating a personal firearms
19 collection; however, proof of profit shall not be required
20 as to a person who engages in the regular and repetitive
21 purchase and disposition of firearms for criminal purposes
22 or terrorism.
23 (k) (Blank). Sells or transfers ownership of a firearm
24 to a person who does not display to the seller or
25 transferor of the firearm either: (1) a currently valid
26 Firearm Owner's Identification Card that has previously

SB0058- 149 -LRB101 05104 SLF 50115 b
1 been issued in the transferee's name by the Department of
2 State Police under the provisions of the Firearm Owners
3 Identification Card Act; or (2) a currently valid license
4 to carry a concealed firearm that has previously been
5 issued in the transferee's name by the Department of State
6 Police under the Firearm Concealed Carry Act. This
7 paragraph (k) does not apply to the transfer of a firearm
8 to a person who is exempt from the requirement of
9 possessing a Firearm Owner's Identification Card under
10 Section 2 of the Firearm Owners Identification Card Act.
11 For the purposes of this Section, a currently valid Firearm
12 Owner's Identification Card means (i) a Firearm Owner's
13 Identification Card that has not expired or (ii) an
14 approval number issued in accordance with subsection
15 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners
16 Identification Card Act shall be proof that the Firearm
17 Owner's Identification Card was valid.
18 (1) (Blank). In addition to the other requirements
19 of this paragraph (k), all persons who are not
20 federally licensed firearms dealers must also have
21 complied with subsection (a-10) of Section 3 of the
22 Firearm Owners Identification Card Act by determining
23 the validity of a purchaser's Firearm Owner's
24 Identification Card.
25 (2) (Blank). All sellers or transferors who have
26 complied with the requirements of subparagraph (1) of

SB0058- 150 -LRB101 05104 SLF 50115 b
1 this paragraph (k) shall not be liable for damages in
2 any civil action arising from the use or misuse by the
3 transferee of the firearm transferred, except for
4 willful or wanton misconduct on the part of the seller
5 or transferor.
6 (l) Not being entitled to the possession of a firearm,
7 delivers the firearm, knowing it to have been stolen or
8 converted. It may be inferred that a person who possesses a
9 firearm with knowledge that its serial number has been
10 removed or altered has knowledge that the firearm is stolen
11 or converted.
12 (B) Paragraph (h) of subsection (A) does not include
13firearms sold within 6 months after enactment of Public Act
1478-355 (approved August 21, 1973, effective October 1, 1973),
15nor is any firearm legally owned or possessed by any citizen or
16purchased by any citizen within 6 months after the enactment of
17Public Act 78-355 subject to confiscation or seizure under the
18provisions of that Public Act. Nothing in Public Act 78-355
19shall be construed to prohibit the gift or trade of any firearm
20if that firearm was legally held or acquired within 6 months
21after the enactment of that Public Act.
22 (C) Sentence.
23 (1) Any person convicted of unlawful sale or delivery
24 of firearms in violation of paragraph (c), (e), (f), (g),
25 or (h) of subsection (A) commits a Class 4 felony.
26 (2) Any person convicted of unlawful sale or delivery

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

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

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

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

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1participation is sponsored, organized, or funded in whole or in
2part by a school or school district.
3 (E) A prosecution for a violation of paragraph (k) of
4subsection (A) of this Section may be commenced within 6 years
5after the commission of the offense. A prosecution for a
6violation of this Section other than paragraph (g) of
7subsection (A) of this Section may be commenced within 5 years
8after the commission of the offense defined in the particular
9paragraph.
10(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
1199-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
12 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
13 Sec. 24-3.1. Unlawful possession of firearms and firearm
14ammunition.
15 (a) A person commits the offense of unlawful possession of
16firearms or firearm ammunition when:
17 (1) He is under 18 years of age and has in his
18 possession any firearm of a size which may be concealed
19 upon the person; or
20 (2) He is under 21 years of age, has been convicted of
21 a misdemeanor other than a traffic offense or adjudged
22 delinquent and has any firearms or firearm ammunition in
23 his possession; or
24 (3) He is a narcotic addict and has any firearms or
25 firearm ammunition in his possession; or

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

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

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1 period of imprisonment imposed in relation to that
2 conviction;
3 (3) the circumstances regarding a criminal conviction,
4 where applicable, the petitioner's criminal history and
5 his reputation are such that the petitioner will not be
6 likely to act in a manner dangerous to public safety;
7 (4) granting relief would not be contrary to the public
8 interest; and
9 (5) granting relief would not be contrary to federal
10 law.
11 (b) Sentence.
12 Unlawful possession of firearms, other than handguns, and
13firearm ammunition is a Class A misdemeanor. Unlawful
14possession of handguns is a Class 4 felony. The possession of
15each firearm or firearm ammunition in violation of this Section
16constitutes a single and separate violation.
17 (c) Nothing in paragraph (1) of subsection (a) of this
18Section prohibits a person under 18 years of age from
19participating in any lawful recreational activity with a
20firearm such as, but not limited to, practice shooting at
21targets upon established public or private target ranges or
22hunting, trapping, or fishing in accordance with the Wildlife
23Code or the Fish and Aquatic Life Code.
24(Source: P.A. 99-143, eff. 7-27-15.)
25 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)

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1 Sec. 24-3.2. Unlawful discharge of firearm projectiles.
2 (a) A person commits the offense of unlawful discharge of
3firearm projectiles when he or she knowingly or recklessly uses
4an armor piercing bullet, dragon's breath shotgun shell, bolo
5shell, or flechette shell in violation of this Section.
6 For purposes of this Section:
7 "Armor piercing bullet" means any handgun bullet or handgun
8ammunition with projectiles or projectile cores constructed
9entirely (excluding the presence of traces of other substances)
10from tungsten alloys, steel, iron, brass, bronze, beryllium
11copper or depleted uranium, or fully jacketed bullets larger
12than 22 caliber whose jacket has a weight of more than 25% of
13the total weight of the projectile, and excluding those handgun
14projectiles whose cores are composed of soft materials such as
15lead or lead alloys, zinc or zinc alloys, frangible projectiles
16designed primarily for sporting purposes, and any other
17projectiles or projectile cores that the U. S. Secretary of the
18Treasury finds to be primarily intended to be used for sporting
19purposes or industrial purposes or that otherwise does not
20constitute "armor piercing ammunition" as that term is defined
21by federal law.
22 "Dragon's breath shotgun shell" means any shotgun shell
23that contains exothermic pyrophoric mesh metal as the
24projectile and is designed for the purpose of throwing or
25spewing a flame or fireball to simulate a flame-thrower.
26 "Bolo shell" means any shell that can be fired in a firearm

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

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1 (5) United States Marshals, while engaged in the
2 performance of their official duties.
3(Source: P.A. 92-423, eff. 1-1-02.)
4 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
5 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
6 (a) It shall be unlawful for any person who holds a license
7to sell at retail any alcoholic liquor issued by the Illinois
8Liquor Control Commission or local liquor control commissioner
9under the Liquor Control Act of 1934 or an agent or employee of
10the licensee to sell or deliver to any other person a firearm
11in or on the real property of the establishment where the
12licensee is licensed to sell alcoholic liquors unless the sale
13or delivery of the firearm is otherwise lawful under this
14Article and under the Firearm Owners Identification Card Act.
15 (b) Sentence. A violation of subsection (a) of this Section
16is a Class 4 felony.
17(Source: P.A. 87-591.)
18 (720 ILCS 5/24-3.5)
19 Sec. 24-3.5. Unlawful purchase of a firearm.
20 (a) For purposes of this Section, "firearms transaction
21record form" means a form:
22 (1) executed by a transferee of a firearm stating: (i)
23 the transferee's name and address (including county or
24 similar political subdivision); (ii) whether the

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

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1Card Act.
2 (e) Sentence.
3 (1) A person who commits the offense of unlawful
4 purchase of a firearm:
5 (A) is guilty of a Class 2 felony for purchasing or
6 attempting to purchase one firearm;
7 (B) is guilty of a Class 1 felony for purchasing or
8 attempting to purchase not less than 2 firearms and not
9 more than 5 firearms at the same time or within a one
10 year period;
11 (C) is guilty of a Class X felony for which the
12 offender shall be sentenced to a term of imprisonment
13 of not less than 9 years and not more than 40 years for
14 purchasing or attempting to purchase not less than 6
15 firearms at the same time or within a 2 year period.
16 (2) In addition to any other penalty that may be
17 imposed for a violation of this Section, the court may
18 sentence a person convicted of a violation of subsection
19 (c) of this Section to a fine not to exceed $250,000 for
20 each violation.
21 (f) A prosecution for unlawful purchase of a firearm may be
22commenced within 6 years after the commission of the offense.
23(Source: P.A. 95-882, eff. 1-1-09.)
24 (720 ILCS 5/24-4.1)
25 Sec. 24-4.1. Report of lost or stolen firearms.

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

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

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

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

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

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1subsection (h) of Section 102 of the Illinois Controlled
2Substances Act.
3 "Director" means the Director of State Police or the
4Director's designated agents.
5 "Dispose" or "disposal" means to abandon, discharge,
6release, deposit, inject, dump, spill, leak, or place
7methamphetamine waste onto or into any land, water, or well of
8any type so that the waste has the potential to enter the
9environment, be emitted into the air, or be discharged into the
10soil or any waters, including groundwater.
11 "Emergency response" means the act of collecting evidence
12from or securing a methamphetamine laboratory site,
13methamphetamine waste site or other methamphetamine-related
14site and cleaning up the site, whether these actions are
15performed by public entities or private contractors paid by
16public entities.
17 "Emergency service provider" means a local, State, or
18federal peace officer, firefighter, emergency medical
19technician-ambulance, emergency medical
20technician-intermediate, emergency medical
21technician-paramedic, ambulance driver, or other medical or
22first aid personnel rendering aid, or any agent or designee of
23the foregoing.
24 "Finished methamphetamine" means methamphetamine in a form
25commonly used for personal consumption.
26 "Firearm" has the meaning provided in Section 2-7.5 of the

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1Criminal Code of 2012 1.1 of the Firearm Owners Identification
2Card Act.
3 "Manufacture" means to produce, prepare, compound,
4convert, process, synthesize, concentrate, purify, separate,
5extract, or package any methamphetamine, methamphetamine
6precursor, methamphetamine manufacturing catalyst,
7methamphetamine manufacturing reagent, methamphetamine
8manufacturing solvent, or any substance containing any of the
9foregoing.
10 "Methamphetamine" means the chemical methamphetamine (a
11Schedule II controlled substance under the Illinois Controlled
12Substances Act) or any salt, optical isomer, salt of optical
13isomer, or analog thereof, with the exception of
143,4-Methylenedioxymethamphetamine (MDMA) or any other
15scheduled substance with a separate listing under the Illinois
16Controlled Substances Act.
17 "Methamphetamine manufacturing catalyst" means any
18substance that has been used, is being used, or is intended to
19be used to activate, accelerate, extend, or improve a chemical
20reaction involved in the manufacture of methamphetamine.
21 "Methamphetamine manufacturing environment" means a
22structure or vehicle in which:
23 (1) methamphetamine is being or has been manufactured;
24 (2) chemicals that are being used, have been used, or
25 are intended to be used to manufacture methamphetamine are
26 stored;

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

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

SB0058- 173 -LRB101 05104 SLF 50115 b
1a permanent physical or mental impairment resulting from
2disease, injury, functional disorder, or congenital condition
3which renders the person incapable of adequately providing for
4his or her own health and personal care.
5 "Procure" means to purchase, steal, gather, or otherwise
6obtain, by legal or illegal means, or to cause another to take
7such action.
8 "Second or subsequent offense" means an offense under this
9Act committed by an offender who previously committed an
10offense under this Act, the Illinois Controlled Substances Act,
11the Cannabis Control Act, or another Act of this State, another
12state, or the United States relating to methamphetamine,
13cannabis, or any other controlled substance.
14 "Standard dosage form", as used in relation to any
15methamphetamine precursor, means that the methamphetamine
16precursor is contained in a pill, tablet, capsule, caplet, gel
17cap, or liquid cap that has been manufactured by a lawful
18entity and contains a standard quantity of methamphetamine
19precursor.
20 "Unauthorized container", as used in relation to anhydrous
21ammonia, means any container that is not designed for the
22specific and sole purpose of holding, storing, transporting, or
23applying anhydrous ammonia. "Unauthorized container" includes,
24but is not limited to, any propane tank, fire extinguisher,
25oxygen cylinder, gasoline can, food or beverage cooler, or
26compressed gas cylinder used in dispensing fountain drinks.

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1"Unauthorized container" does not encompass anhydrous ammonia
2manufacturing plants, refrigeration systems where anhydrous
3ammonia is used solely as a refrigerant, anhydrous ammonia
4transportation pipelines, anhydrous ammonia tankers, or
5anhydrous ammonia barges.
6(Source: P.A. 97-434, eff. 1-1-12.)
7 Section 90. The Code of Criminal Procedure of 1963 is
8amended by changing Sections 102-7.1, 110-10, 112A-11.1,
9112A-11.2, and 112A-14 as follows:
10 (725 ILCS 5/102-7.1)
11 Sec. 102-7.1. "Category A offense". "Category A offense"
12means a Class 1 felony, Class 2 felony, Class X felony, first
13degree murder, a violation of Section 11-204 of the Illinois
14Vehicle Code, a second or subsequent violation of Section
1511-501 of the Illinois Vehicle Code, a violation of subsection
16(d) of Section 11-501 of the Illinois Vehicle Code, a violation
17of Section 11-401 of the Illinois Vehicle Code if the accident
18results in injury and the person failed to report the accident
19within 30 minutes, a violation of Section 9-3, 9-3.4, 10-3,
2010-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 12-2,
2112-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1,
2212-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 25-1,
2326.5-2, or 48-1 of the Criminal Code of 2012, a second or
24subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code

SB0058- 175 -LRB101 05104 SLF 50115 b
1of 2012, a violation of paragraph (5) or (6) of subsection (b)
2of Section 10-9 of the Criminal Code of 2012, a violation of
3subsection (b) or (c) or paragraph (1) or (2) of subsection (a)
4of Section 11-1.50 of the Criminal Code of 2012, a violation of
5Section 12-7 of the Criminal Code of 2012 if the defendant
6inflicts bodily harm on the victim to obtain a confession,
7statement, or information, a violation of Section 12-7.5 of the
8Criminal Code of 2012 if the action results in bodily harm, a
9violation of paragraph (3) of subsection (b) of Section 17-2 of
10the Criminal Code of 2012, a violation of subdivision
11(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a
12violation of paragraph (6) of subsection (a) of Section 24-1 of
13the Criminal Code of 2012, a first violation of Section 24-1.6
14of the Criminal Code of 2012 by a person 18 years of age or
15older where the factors listed in both items (A) and (C) or
16both items (A-5) and (C) of paragraph (3) of subsection (a) of
17Section 24-1.6 of the Criminal Code of 2012 are present, a
18Class 3 felony violation of paragraph (1) of subsection (a) of
19Section 2 of the Firearm Owners Identification Card Act
20committed before the effective date of this amendatory Act of
21the 101st General Assembly, or a violation of Section 10 of the
22Sex Offender Registration Act.
23(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
24 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
25 Sec. 110-10. Conditions of bail bond.

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

SB0058- 177 -LRB101 05104 SLF 50115 b
1 case clearly do not warrant it or when its imposition would
2 be impractical; if the Firearm Owner's Identification Card
3 is confiscated, the clerk of the circuit court shall mail
4 the confiscated card to the Illinois State Police; all
5 legally possessed firearms shall be returned to the person
6 upon the charges being dismissed, or if the person is found
7 not guilty, unless the finding of not guilty is by reason
8 of insanity; and
9 (6) At a time and place designated by the court, submit
10 to a psychological evaluation when the person has been
11 charged with a violation of item (4) of subsection (a) of
12 Section 24-1 of the Criminal Code of 1961 or the Criminal
13 Code of 2012 and that violation occurred in a school or in
14 any conveyance owned, leased, or contracted by a school to
15 transport students to or from school or a school-related
16 activity, or on any public way within 1,000 feet of real
17 property comprising any school.
18 Psychological evaluations ordered pursuant to this Section
19shall be completed promptly and made available to the State,
20the defendant, and the court. As a further condition of bail
21under these circumstances, the court shall order the defendant
22to refrain from entering upon the property of the school,
23including any conveyance owned, leased, or contracted by a
24school to transport students to or from school or a
25school-related activity, or on any public way within 1,000 feet
26of real property comprising any school. Upon receipt of the

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1psychological evaluation, either the State or the defendant may
2request a change in the conditions of bail, pursuant to Section
3110-6 of this Code. The court may change the conditions of bail
4to include a requirement that the defendant follow the
5recommendations of the psychological evaluation, including
6undergoing psychiatric treatment. The conclusions of the
7psychological evaluation and any statements elicited from the
8defendant during its administration are not admissible as
9evidence of guilt during the course of any trial on the charged
10offense, unless the defendant places his or her mental
11competency in issue.
12 (b) The court may impose other conditions, such as the
13following, if the court finds that such conditions are
14reasonably necessary to assure the defendant's appearance in
15court, protect the public from the defendant, or prevent the
16defendant's unlawful interference with the orderly
17administration of justice:
18 (1) Report to or appear in person before such person or
19 agency as the court may direct;
20 (2) Refrain from possessing a firearm or other
21 dangerous weapon;
22 (3) Refrain from approaching or communicating with
23 particular persons or classes of persons;
24 (4) Refrain from going to certain described
25 geographical areas or premises;
26 (5) Refrain from engaging in certain activities or

SB0058- 179 -LRB101 05104 SLF 50115 b
1 indulging in intoxicating liquors or in certain drugs;
2 (6) Undergo treatment for drug addiction or
3 alcoholism;
4 (7) Undergo medical or psychiatric treatment;
5 (8) Work or pursue a course of study or vocational
6 training;
7 (9) Attend or reside in a facility designated by the
8 court;
9 (10) Support his or her dependents;
10 (11) If a minor resides with his or her parents or in a
11 foster home, attend school, attend a non-residential
12 program for youths, and contribute to his or her own
13 support at home or in a foster home;
14 (12) Observe any curfew ordered by the court;
15 (13) Remain in the custody of such designated person or
16 organization agreeing to supervise his release. Such third
17 party custodian shall be responsible for notifying the
18 court if the defendant fails to observe the conditions of
19 release which the custodian has agreed to monitor, and
20 shall be subject to contempt of court for failure so to
21 notify the court;
22 (14) Be placed under direct supervision of the Pretrial
23 Services Agency, Probation Department or Court Services
24 Department in a pretrial bond home supervision capacity
25 with or without the use of an approved electronic
26 monitoring device subject to Article 8A of Chapter V of the

SB0058- 180 -LRB101 05104 SLF 50115 b
1 Unified Code of Corrections;
2 (14.1) The court shall impose upon a defendant who is
3 charged with any alcohol, cannabis, methamphetamine, or
4 controlled substance violation and is placed under direct
5 supervision of the Pretrial Services Agency, Probation
6 Department or Court Services Department in a pretrial bond
7 home supervision capacity with the use of an approved
8 monitoring device, as a condition of such bail bond, a fee
9 that represents costs incidental to the electronic
10 monitoring for each day of such bail supervision ordered by
11 the court, unless after determining the inability of the
12 defendant to pay the fee, the court assesses a lesser fee
13 or no fee as the case may be. The fee shall be collected by
14 the clerk of the circuit court, except as provided in an
15 administrative order of the Chief Judge of the circuit
16 court. The clerk of the circuit court shall pay all monies
17 collected from this fee to the county treasurer for deposit
18 in the substance abuse services fund under Section 5-1086.1
19 of the Counties Code, except as provided in an
20 administrative order of the Chief Judge of the circuit
21 court.
22 The Chief Judge of the circuit court of the county may
23 by administrative order establish a program for electronic
24 monitoring of offenders with regard to drug-related and
25 alcohol-related offenses, in which a vendor supplies and
26 monitors the operation of the electronic monitoring

SB0058- 181 -LRB101 05104 SLF 50115 b
1 device, and collects the fees on behalf of the county. The
2 program shall include provisions for indigent offenders
3 and the collection of unpaid fees. The program shall not
4 unduly burden the offender and shall be subject to review
5 by the Chief Judge.
6 The Chief Judge of the circuit court may suspend any
7 additional charges or fees for late payment, interest, or
8 damage to any device;
9 (14.2) The court shall impose upon all defendants,
10 including those defendants subject to paragraph (14.1)
11 above, placed under direct supervision of the Pretrial
12 Services Agency, Probation Department or Court Services
13 Department in a pretrial bond home supervision capacity
14 with the use of an approved monitoring device, as a
15 condition of such bail bond, a fee which shall represent
16 costs incidental to such electronic monitoring for each day
17 of such bail supervision ordered by the court, unless after
18 determining the inability of the defendant to pay the fee,
19 the court assesses a lesser fee or no fee as the case may
20 be. The fee shall be collected by the clerk of the circuit
21 court, except as provided in an administrative order of the
22 Chief Judge of the circuit court. The clerk of the circuit
23 court shall pay all monies collected from this fee to the
24 county treasurer who shall use the monies collected to
25 defray the costs of corrections. The county treasurer shall
26 deposit the fee collected in the county working cash fund

SB0058- 182 -LRB101 05104 SLF 50115 b
1 under Section 6-27001 or Section 6-29002 of the Counties
2 Code, as the case may be, except as provided in an
3 administrative order of the Chief Judge of the circuit
4 court.
5 The Chief Judge of the circuit court of the county may
6 by administrative order establish a program for electronic
7 monitoring of offenders with regard to drug-related and
8 alcohol-related offenses, in which a vendor supplies and
9 monitors the operation of the electronic monitoring
10 device, and collects the fees on behalf of the county. The
11 program shall include provisions for indigent offenders
12 and the collection of unpaid fees. The program shall not
13 unduly burden the offender and shall be subject to review
14 by the Chief Judge.
15 The Chief Judge of the circuit court may suspend any
16 additional charges or fees for late payment, interest, or
17 damage to any device;
18 (14.3) The Chief Judge of the Judicial Circuit may
19 establish reasonable fees to be paid by a person receiving
20 pretrial services while under supervision of a pretrial
21 services agency, probation department, or court services
22 department. Reasonable fees may be charged for pretrial
23 services including, but not limited to, pretrial
24 supervision, diversion programs, electronic monitoring,
25 victim impact services, drug and alcohol testing, DNA
26 testing, GPS electronic monitoring, assessments and

SB0058- 183 -LRB101 05104 SLF 50115 b
1 evaluations related to domestic violence and other
2 victims, and victim mediation services. The person
3 receiving pretrial services may be ordered to pay all costs
4 incidental to pretrial services in accordance with his or
5 her ability to pay those costs;
6 (14.4) For persons charged with violating Section
7 11-501 of the Illinois Vehicle Code, refrain from operating
8 a motor vehicle not equipped with an ignition interlock
9 device, as defined in Section 1-129.1 of the Illinois
10 Vehicle Code, pursuant to the rules promulgated by the
11 Secretary of State for the installation of ignition
12 interlock devices. Under this condition the court may allow
13 a defendant who is not self-employed to operate a vehicle
14 owned by the defendant's employer that is not equipped with
15 an ignition interlock device in the course and scope of the
16 defendant's employment;
17 (15) Comply with the terms and conditions of an order
18 of protection issued by the court under the Illinois
19 Domestic Violence Act of 1986 or an order of protection
20 issued by the court of another state, tribe, or United
21 States territory;
22 (16) Under Section 110-6.5 comply with the conditions
23 of the drug testing program; and
24 (17) Such other reasonable conditions as the court may
25 impose.
26 (c) When a person is charged with an offense under Section

SB0058- 184 -LRB101 05104 SLF 50115 b
111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
3Criminal Code of 2012, involving a victim who is a minor under
418 years of age living in the same household with the defendant
5at the time of the offense, in granting bail or releasing the
6defendant on his own recognizance, the judge shall impose
7conditions to restrict the defendant's access to the victim
8which may include, but are not limited to conditions that he
9will:
10 1. Vacate the household.
11 2. Make payment of temporary support to his dependents.
12 3. Refrain from contact or communication with the child
13 victim, except as ordered by the court.
14 (d) When a person is charged with a criminal offense and
15the victim is a family or household member as defined in
16Article 112A, conditions shall be imposed at the time of the
17defendant's release on bond that restrict the defendant's
18access to the victim. Unless provided otherwise by the court,
19the restrictions shall include requirements that the defendant
20do the following:
21 (1) refrain from contact or communication with the
22 victim for a minimum period of 72 hours following the
23 defendant's release; and
24 (2) refrain from entering or remaining at the victim's
25 residence for a minimum period of 72 hours following the
26 defendant's release.

SB0058- 185 -LRB101 05104 SLF 50115 b
1 (e) Local law enforcement agencies shall develop
2standardized bond forms for use in cases involving family or
3household members as defined in Article 112A, including
4specific conditions of bond as provided in subsection (d).
5Failure of any law enforcement department to develop or use
6those forms shall in no way limit the applicability and
7enforcement of subsections (d) and (f).
8 (f) If the defendant is admitted to bail after conviction
9the conditions of the bail bond shall be that he will, in
10addition to the conditions set forth in subsections (a) and (b)
11hereof:
12 (1) Duly prosecute his appeal;
13 (2) Appear at such time and place as the court may
14 direct;
15 (3) Not depart this State without leave of the court;
16 (4) Comply with such other reasonable conditions as the
17 court may impose; and
18 (5) If the judgment is affirmed or the cause reversed
19 and remanded for a new trial, forthwith surrender to the
20 officer from whose custody he was bailed.
21 (g) Upon a finding of guilty for any felony offense, the
22defendant shall physically surrender, at a time and place
23designated by the court, any and all firearms in his or her
24possession and his or her Firearm Owner's Identification Card
25as a condition of remaining on bond pending sentencing.
26(Source: P.A. 99-797, eff. 8-12-16.)

SB0058- 186 -LRB101 05104 SLF 50115 b
1 (725 ILCS 5/112A-11.1)
2 Sec. 112A-11.1. Procedure for determining whether certain
3misdemeanor crimes are crimes of domestic violence for purposes
4of federal law.
5 (a) When a defendant has been charged with a violation of
6Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
7Criminal Code of 1961 or the Criminal Code of 2012, the State
8may, at arraignment or no later than 45 days after arraignment,
9for the purpose of notification to the Department of State
10Police Firearm Owner's Identification Card Office, serve on the
11defendant and file with the court a notice alleging that
12conviction of the offense would subject the defendant to the
13prohibitions of 18 U.S.C. 922(g)(9) because of the relationship
14between the defendant and the alleged victim and the nature of
15the alleged offense.
16 (b) The notice shall include the name of the person alleged
17to be the victim of the crime and shall specify the nature of
18the alleged relationship as set forth in 18 U.S.C.
19921(a)(33)(A)(ii). It shall also specify the element of the
20charged offense which requires the use or attempted use of
21physical force, or the threatened use of a deadly weapon, as
22set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
23notice that the defendant is entitled to a hearing on the
24allegation contained in the notice and that if the allegation
25is sustained, that determination and conviction shall be

SB0058- 187 -LRB101 05104 SLF 50115 b
1reported to the Department of State Police Firearm Owner's
2Identification Card Office.
3 (c) After having been notified as provided in subsection
4(b) of this Section, the defendant may stipulate or admit,
5orally on the record or in writing, that conviction of the
6offense would subject the defendant to the prohibitions of 18
7U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
8922(g)(9) shall be deemed established for purposes of Section
9112A-11.2. If the defendant denies the applicability of 18
10U.S.C. 922(g)(9) as alleged in the notice served by the State,
11or stands mute with respect to that allegation, then the State
12shall bear the burden to prove beyond a reasonable doubt that
13the offense is one to which the prohibitions of 18 U.S.C.
14922(g)(9) apply. The court may consider reliable hearsay
15evidence submitted by either party provided that it is relevant
16to the determination of the allegation. Facts previously proven
17at trial or elicited at the time of entry of a plea of guilty
18shall be deemed established beyond a reasonable doubt and shall
19not be relitigated. At the conclusion of the hearing, or upon a
20stipulation or admission, as applicable, the court shall make a
21specific written determination with respect to the allegation.
22(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
23 (725 ILCS 5/112A-11.2)
24 Sec. 112A-11.2. Notification to the Department of State
25Police Firearm Owner's Identification Card Office of

SB0058- 188 -LRB101 05104 SLF 50115 b
1determinations in certain misdemeanor cases. Upon judgment of
2conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
312-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
4Code of 2012 when the defendant has been determined, under
5Section 112A-11.1, to be subject to the prohibitions of 18
6U.S.C. 922(g)(9), the circuit court clerk shall include
7notification and a copy of the written determination in a
8report of the conviction to the Department of State Police
9Firearm Owner's Identification Card Office to enable the office
10to report that determination to the Federal Bureau of
11Investigation and assist the Bureau in identifying persons
12prohibited from purchasing and possessing a firearm pursuant to
13the provisions of 18 U.S.C. 922.
14(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
15 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
16 Sec. 112A-14. Domestic violence order of protection;
17remedies.
18 (a) (Blank).
19 (b) The court may order any of the remedies listed in this
20subsection (b). The remedies listed in this subsection (b)
21shall be in addition to other civil or criminal remedies
22available to petitioner.
23 (1) Prohibition of abuse. Prohibit respondent's
24 harassment, interference with personal liberty,
25 intimidation of a dependent, physical abuse, or willful

SB0058- 189 -LRB101 05104 SLF 50115 b
1 deprivation, as defined in this Article, if such abuse has
2 occurred or otherwise appears likely to occur if not
3 prohibited.
4 (2) Grant of exclusive possession of residence.
5 Prohibit respondent from entering or remaining in any
6 residence, household, or premises of the petitioner,
7 including one owned or leased by respondent, if petitioner
8 has a right to occupancy thereof. The grant of exclusive
9 possession of the residence, household, or premises shall
10 not affect title to real property, nor shall the court be
11 limited by the standard set forth in subsection (c-2) of
12 Section 501 of the Illinois Marriage and Dissolution of
13 Marriage Act.
14 (A) Right to occupancy. A party has a right to
15 occupancy of a residence or household if it is solely
16 or jointly owned or leased by that party, that party's
17 spouse, a person with a legal duty to support that
18 party or a minor child in that party's care, or by any
19 person or entity other than the opposing party that
20 authorizes that party's occupancy (e.g., a domestic
21 violence shelter). Standards set forth in subparagraph
22 (B) shall not preclude equitable relief.
23 (B) Presumption of hardships. If petitioner and
24 respondent each has the right to occupancy of a
25 residence or household, the court shall balance (i) the
26 hardships to respondent and any minor child or

SB0058- 190 -LRB101 05104 SLF 50115 b
1 dependent adult in respondent's care resulting from
2 entry of this remedy with (ii) the hardships to
3 petitioner and any minor child or dependent adult in
4 petitioner's care resulting from continued exposure to
5 the risk of abuse (should petitioner remain at the
6 residence or household) or from loss of possession of
7 the residence or household (should petitioner leave to
8 avoid the risk of abuse). When determining the balance
9 of hardships, the court shall also take into account
10 the accessibility of the residence or household.
11 Hardships need not be balanced if respondent does not
12 have a right to occupancy.
13 The balance of hardships is presumed to favor
14 possession by petitioner unless the presumption is
15 rebutted by a preponderance of the evidence, showing
16 that the hardships to respondent substantially
17 outweigh the hardships to petitioner and any minor
18 child or dependent adult in petitioner's care. The
19 court, on the request of petitioner or on its own
20 motion, may order respondent to provide suitable,
21 accessible, alternate housing for petitioner instead
22 of excluding respondent from a mutual residence or
23 household.
24 (3) Stay away order and additional prohibitions. Order
25 respondent to stay away from petitioner or any other person
26 protected by the domestic violence order of protection, or

SB0058- 191 -LRB101 05104 SLF 50115 b
1 prohibit respondent from entering or remaining present at
2 petitioner's school, place of employment, or other
3 specified places at times when petitioner is present, or
4 both, if reasonable, given the balance of hardships.
5 Hardships need not be balanced for the court to enter a
6 stay away order or prohibit entry if respondent has no
7 right to enter the premises.
8 (A) If a domestic violence order of protection
9 grants petitioner exclusive possession of the
10 residence, prohibits respondent from entering the
11 residence, or orders respondent to stay away from
12 petitioner or other protected persons, then the court
13 may allow respondent access to the residence to remove
14 items of clothing and personal adornment used
15 exclusively by respondent, medications, and other
16 items as the court directs. The right to access shall
17 be exercised on only one occasion as the court directs
18 and in the presence of an agreed-upon adult third party
19 or law enforcement officer.
20 (B) When the petitioner and the respondent attend
21 the same public, private, or non-public elementary,
22 middle, or high school, the court when issuing a
23 domestic violence order of protection and providing
24 relief shall consider the severity of the act, any
25 continuing physical danger or emotional distress to
26 the petitioner, the educational rights guaranteed to

SB0058- 192 -LRB101 05104 SLF 50115 b
1 the petitioner and respondent under federal and State
2 law, the availability of a transfer of the respondent
3 to another school, a change of placement or a change of
4 program of the respondent, the expense, difficulty,
5 and educational disruption that would be caused by a
6 transfer of the respondent to another school, and any
7 other relevant facts of the case. The court may order
8 that the respondent not attend the public, private, or
9 non-public elementary, middle, or high school attended
10 by the petitioner, order that the respondent accept a
11 change of placement or change of program, as determined
12 by the school district or private or non-public school,
13 or place restrictions on the respondent's movements
14 within the school attended by the petitioner. The
15 respondent bears the burden of proving by a
16 preponderance of the evidence that a transfer, change
17 of placement, or change of program of the respondent is
18 not available. The respondent also bears the burden of
19 production with respect to the expense, difficulty,
20 and educational disruption that would be caused by a
21 transfer of the respondent to another school. A
22 transfer, change of placement, or change of program is
23 not unavailable to the respondent solely on the ground
24 that the respondent does not agree with the school
25 district's or private or non-public school's transfer,
26 change of placement, or change of program or solely on

SB0058- 193 -LRB101 05104 SLF 50115 b
1 the ground that the respondent fails or refuses to
2 consent or otherwise does not take an action required
3 to effectuate a transfer, change of placement, or
4 change of program. When a court orders a respondent to
5 stay away from the public, private, or non-public
6 school attended by the petitioner and the respondent
7 requests a transfer to another attendance center
8 within the respondent's school district or private or
9 non-public school, the school district or private or
10 non-public school shall have sole discretion to
11 determine the attendance center to which the
12 respondent is transferred. If the court order results
13 in a transfer of the minor respondent to another
14 attendance center, a change in the respondent's
15 placement, or a change of the respondent's program, the
16 parents, guardian, or legal custodian of the
17 respondent is responsible for transportation and other
18 costs associated with the transfer or change.
19 (C) The court may order the parents, guardian, or
20 legal custodian of a minor respondent to take certain
21 actions or to refrain from taking certain actions to
22 ensure that the respondent complies with the order. If
23 the court orders a transfer of the respondent to
24 another school, the parents, guardian, or legal
25 custodian of the respondent is responsible for
26 transportation and other costs associated with the

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1 change of school by the respondent.
2 (4) Counseling. Require or recommend the respondent to
3 undergo counseling for a specified duration with a social
4 worker, psychologist, clinical psychologist, psychiatrist,
5 family service agency, alcohol or substance abuse program,
6 mental health center guidance counselor, agency providing
7 services to elders, program designed for domestic violence
8 abusers, or any other guidance service the court deems
9 appropriate. The court may order the respondent in any
10 intimate partner relationship to report to an Illinois
11 Department of Human Services protocol approved partner
12 abuse intervention program for an assessment and to follow
13 all recommended treatment.
14 (5) Physical care and possession of the minor child. In
15 order to protect the minor child from abuse, neglect, or
16 unwarranted separation from the person who has been the
17 minor child's primary caretaker, or to otherwise protect
18 the well-being of the minor child, the court may do either
19 or both of the following: (i) grant petitioner physical
20 care or possession of the minor child, or both, or (ii)
21 order respondent to return a minor child to, or not remove
22 a minor child from, the physical care of a parent or person
23 in loco parentis.
24 If the respondent is charged with abuse (as defined in
25 Section 112A-3 of this Code) of a minor child, there shall
26 be a rebuttable presumption that awarding physical care to

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1 respondent would not be in the minor child's best interest.
2 (6) Temporary allocation of parental responsibilities
3 and significant decision-making responsibilities. Award
4 temporary significant decision-making responsibility to
5 petitioner in accordance with this Section, the Illinois
6 Marriage and Dissolution of Marriage Act, the Illinois
7 Parentage Act of 2015, and this State's Uniform
8 Child-Custody Jurisdiction and Enforcement Act.
9 If the respondent is charged with abuse (as defined in
10 Section 112A-3 of this Code) of a minor child, there shall
11 be a rebuttable presumption that awarding temporary
12 significant decision-making responsibility to respondent
13 would not be in the child's best interest.
14 (7) Parenting time. Determine the parenting time, if
15 any, of respondent in any case in which the court awards
16 physical care or temporary significant decision-making
17 responsibility of a minor child to petitioner. The court
18 shall restrict or deny respondent's parenting time with a
19 minor child if the court finds that respondent has done or
20 is likely to do any of the following:
21 (i) abuse or endanger the minor child during
22 parenting time;
23 (ii) use the parenting time as an opportunity to
24 abuse or harass petitioner or petitioner's family or
25 household members;
26 (iii) improperly conceal or detain the minor

SB0058- 196 -LRB101 05104 SLF 50115 b
1 child; or
2 (iv) otherwise act in a manner that is not in the
3 best interests of the minor child.
4 The court shall not be limited by the standards set
5 forth in Section 603.10 of the Illinois Marriage and
6 Dissolution of Marriage Act. If the court grants parenting
7 time, the order shall specify dates and times for the
8 parenting time to take place or other specific parameters
9 or conditions that are appropriate. No order for parenting
10 time shall refer merely to the term "reasonable parenting
11 time". Petitioner may deny respondent access to the minor
12 child if, when respondent arrives for parenting time,
13 respondent is under the influence of drugs or alcohol and
14 constitutes a threat to the safety and well-being of
15 petitioner or petitioner's minor children or is behaving in
16 a violent or abusive manner. If necessary to protect any
17 member of petitioner's family or household from future
18 abuse, respondent shall be prohibited from coming to
19 petitioner's residence to meet the minor child for
20 parenting time, and the petitioner and respondent shall
21 submit to the court their recommendations for reasonable
22 alternative arrangements for parenting time. A person may
23 be approved to supervise parenting time only after filing
24 an affidavit accepting that responsibility and
25 acknowledging accountability to the court.
26 (8) Removal or concealment of minor child. Prohibit

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1 respondent from removing a minor child from the State or
2 concealing the child within the State.
3 (9) Order to appear. Order the respondent to appear in
4 court, alone or with a minor child, to prevent abuse,
5 neglect, removal or concealment of the child, to return the
6 child to the custody or care of the petitioner, or to
7 permit any court-ordered interview or examination of the
8 child or the respondent.
9 (10) Possession of personal property. Grant petitioner
10 exclusive possession of personal property and, if
11 respondent has possession or control, direct respondent to
12 promptly make it available to petitioner, if:
13 (i) petitioner, but not respondent, owns the
14 property; or
15 (ii) the petitioner and respondent own the
16 property jointly; sharing it would risk abuse of
17 petitioner by respondent or is impracticable; and the
18 balance of hardships favors temporary possession by
19 petitioner.
20 If petitioner's sole claim to ownership of the property
21 is that it is marital property, the court may award
22 petitioner temporary possession thereof under the
23 standards of subparagraph (ii) of this paragraph only if a
24 proper proceeding has been filed under the Illinois
25 Marriage and Dissolution of Marriage Act, as now or
26 hereafter amended.

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1 No order under this provision shall affect title to
2 property.
3 (11) Protection of property. Forbid the respondent
4 from taking, transferring, encumbering, concealing,
5 damaging, or otherwise disposing of any real or personal
6 property, except as explicitly authorized by the court, if:
7 (i) petitioner, but not respondent, owns the
8 property; or
9 (ii) the petitioner and respondent own the
10 property jointly, and the balance of hardships favors
11 granting this remedy.
12 If petitioner's sole claim to ownership of the property
13 is that it is marital property, the court may grant
14 petitioner relief under subparagraph (ii) of this
15 paragraph only if a proper proceeding has been filed under
16 the Illinois Marriage and Dissolution of Marriage Act, as
17 now or hereafter amended.
18 The court may further prohibit respondent from
19 improperly using the financial or other resources of an
20 aged member of the family or household for the profit or
21 advantage of respondent or of any other person.
22 (11.5) Protection of animals. Grant the petitioner the
23 exclusive care, custody, or control of any animal owned,
24 possessed, leased, kept, or held by either the petitioner
25 or the respondent or a minor child residing in the
26 residence or household of either the petitioner or the

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1 respondent and order the respondent to stay away from the
2 animal and forbid the respondent from taking,
3 transferring, encumbering, concealing, harming, or
4 otherwise disposing of the animal.
5 (12) Order for payment of support. Order respondent to
6 pay temporary support for the petitioner or any child in
7 the petitioner's care or over whom the petitioner has been
8 allocated parental responsibility, when the respondent has
9 a legal obligation to support that person, in accordance
10 with the Illinois Marriage and Dissolution of Marriage Act,
11 which shall govern, among other matters, the amount of
12 support, payment through the clerk and withholding of
13 income to secure payment. An order for child support may be
14 granted to a petitioner with lawful physical care of a
15 child, or an order or agreement for physical care of a
16 child, prior to entry of an order allocating significant
17 decision-making responsibility. Such a support order shall
18 expire upon entry of a valid order allocating parental
19 responsibility differently and vacating petitioner's
20 significant decision-making responsibility unless
21 otherwise provided in the order.
22 (13) Order for payment of losses. Order respondent to
23 pay petitioner for losses suffered as a direct result of
24 the abuse. Such losses shall include, but not be limited
25 to, medical expenses, lost earnings or other support,
26 repair or replacement of property damaged or taken,

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1 reasonable attorney's fees, court costs, and moving or
2 other travel expenses, including additional reasonable
3 expenses for temporary shelter and restaurant meals.
4 (i) Losses affecting family needs. If a party is
5 entitled to seek maintenance, child support, or
6 property distribution from the other party under the
7 Illinois Marriage and Dissolution of Marriage Act, as
8 now or hereafter amended, the court may order
9 respondent to reimburse petitioner's actual losses, to
10 the extent that such reimbursement would be
11 "appropriate temporary relief", as authorized by
12 subsection (a)(3) of Section 501 of that Act.
13 (ii) Recovery of expenses. In the case of an
14 improper concealment or removal of a minor child, the
15 court may order respondent to pay the reasonable
16 expenses incurred or to be incurred in the search for
17 and recovery of the minor child, including, but not
18 limited to, legal fees, court costs, private
19 investigator fees, and travel costs.
20 (14) Prohibition of entry. Prohibit the respondent
21 from entering or remaining in the residence or household
22 while the respondent is under the influence of alcohol or
23 drugs and constitutes a threat to the safety and well-being
24 of the petitioner or the petitioner's children.
25 (14.5) Prohibition of firearm possession.
26 (A) A person who is subject to an existing domestic

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1 violence order of protection issued under this Code may
2 not lawfully possess firearms, stun guns, or tasers
3 weapons under Section 8.2 of the Firearm Owners
4 Identification Card Act.
5 (B) Any firearms in the possession of the
6 respondent, except as provided in subparagraph (C) of
7 this paragraph (14.5), shall be ordered by the court to
8 be turned over to a person who is not prohibited under
9 State or federal law from possessing firearms with a
10 valid Firearm Owner's Identification Card for
11 safekeeping. The court shall issue an order that the
12 respondent's Firearm Owner's Identification Card be
13 turned over to the local law enforcement agency, which
14 in turn shall immediately mail the card to the
15 Department of State Police Firearm Owner's
16 Identification Card Office for safekeeping. The period
17 of safekeeping shall be for the duration of the
18 domestic violence order of protection. The firearm or
19 firearms and Firearm Owner's Identification Card, if
20 unexpired, shall at the respondent's request be
21 returned to the respondent at expiration of the
22 domestic violence order of protection.
23 (C) If the respondent is a peace officer as defined
24 in Section 2-13 of the Criminal Code of 2012, the court
25 shall order that any firearms used by the respondent in
26 the performance of his or her duties as a peace officer

SB0058- 202 -LRB101 05104 SLF 50115 b
1 be surrendered to the chief law enforcement executive
2 of the agency in which the respondent is employed, who
3 shall retain the firearms for safekeeping for the
4 duration of the domestic violence order of protection.
5 (D) Upon expiration of the period of safekeeping,
6 if the firearms or Firearm Owner's Identification Card
7 cannot be returned to respondent because respondent
8 cannot be located, fails to respond to requests to
9 retrieve the firearms, or is not lawfully eligible to
10 possess a firearm, upon petition from the local law
11 enforcement agency, the court may order the local law
12 enforcement agency to destroy the firearms, use the
13 firearms for training purposes, or for any other
14 application as deemed appropriate by the local law
15 enforcement agency; or that the firearms be turned over
16 to a third party who is lawfully eligible to possess
17 firearms, and who does not reside with respondent.
18 (15) Prohibition of access to records. If a domestic
19 violence order of protection prohibits respondent from
20 having contact with the minor child, or if petitioner's
21 address is omitted under subsection (b) of Section 112A-5
22 of this Code, or if necessary to prevent abuse or wrongful
23 removal or concealment of a minor child, the order shall
24 deny respondent access to, and prohibit respondent from
25 inspecting, obtaining, or attempting to inspect or obtain,
26 school or any other records of the minor child who is in

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1 the care of petitioner.
2 (16) Order for payment of shelter services. Order
3 respondent to reimburse a shelter providing temporary
4 housing and counseling services to the petitioner for the
5 cost of the services, as certified by the shelter and
6 deemed reasonable by the court.
7 (17) Order for injunctive relief. Enter injunctive
8 relief necessary or appropriate to prevent further abuse of
9 a family or household member or to effectuate one of the
10 granted remedies, if supported by the balance of hardships.
11 If the harm to be prevented by the injunction is abuse or
12 any other harm that one of the remedies listed in
13 paragraphs (1) through (16) of this subsection is designed
14 to prevent, no further evidence is necessary to establish
15 that the harm is an irreparable injury.
16 (18) Telephone services.
17 (A) Unless a condition described in subparagraph
18 (B) of this paragraph exists, the court may, upon
19 request by the petitioner, order a wireless telephone
20 service provider to transfer to the petitioner the
21 right to continue to use a telephone number or numbers
22 indicated by the petitioner and the financial
23 responsibility associated with the number or numbers,
24 as set forth in subparagraph (C) of this paragraph. In
25 this paragraph (18), the term "wireless telephone
26 service provider" means a provider of commercial

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1 mobile service as defined in 47 U.S.C. 332. The
2 petitioner may request the transfer of each telephone
3 number that the petitioner, or a minor child in his or
4 her custody, uses. The clerk of the court shall serve
5 the order on the wireless telephone service provider's
6 agent for service of process provided to the Illinois
7 Commerce Commission. The order shall contain all of the
8 following:
9 (i) The name and billing telephone number of
10 the account holder including the name of the
11 wireless telephone service provider that serves
12 the account.
13 (ii) Each telephone number that will be
14 transferred.
15 (iii) A statement that the provider transfers
16 to the petitioner all financial responsibility for
17 and right to the use of any telephone number
18 transferred under this paragraph.
19 (B) A wireless telephone service provider shall
20 terminate the respondent's use of, and shall transfer
21 to the petitioner use of, the telephone number or
22 numbers indicated in subparagraph (A) of this
23 paragraph unless it notifies the petitioner, within 72
24 hours after it receives the order, that one of the
25 following applies:
26 (i) The account holder named in the order has

SB0058- 205 -LRB101 05104 SLF 50115 b
1 terminated the account.
2 (ii) A difference in network technology would
3 prevent or impair the functionality of a device on
4 a network if the transfer occurs.
5 (iii) The transfer would cause a geographic or
6 other limitation on network or service provision
7 to the petitioner.
8 (iv) Another technological or operational
9 issue would prevent or impair the use of the
10 telephone number if the transfer occurs.
11 (C) The petitioner assumes all financial
12 responsibility for and right to the use of any
13 telephone number transferred under this paragraph. In
14 this paragraph, "financial responsibility" includes
15 monthly service costs and costs associated with any
16 mobile device associated with the number.
17 (D) A wireless telephone service provider may
18 apply to the petitioner its routine and customary
19 requirements for establishing an account or
20 transferring a number, including requiring the
21 petitioner to provide proof of identification,
22 financial information, and customer preferences.
23 (E) Except for willful or wanton misconduct, a
24 wireless telephone service provider is immune from
25 civil liability for its actions taken in compliance
26 with a court order issued under this paragraph.

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1 (F) All wireless service providers that provide
2 services to residential customers shall provide to the
3 Illinois Commerce Commission the name and address of an
4 agent for service of orders entered under this
5 paragraph (18). Any change in status of the registered
6 agent must be reported to the Illinois Commerce
7 Commission within 30 days of such change.
8 (G) The Illinois Commerce Commission shall
9 maintain the list of registered agents for service for
10 each wireless telephone service provider on the
11 Commission's website. The Commission may consult with
12 wireless telephone service providers and the Circuit
13 Court Clerks on the manner in which this information is
14 provided and displayed.
15 (c) Relevant factors; findings.
16 (1) In determining whether to grant a specific remedy,
17 other than payment of support, the court shall consider
18 relevant factors, including, but not limited to, the
19 following:
20 (i) the nature, frequency, severity, pattern, and
21 consequences of the respondent's past abuse of the
22 petitioner or any family or household member,
23 including the concealment of his or her location in
24 order to evade service of process or notice, and the
25 likelihood of danger of future abuse to petitioner or
26 any member of petitioner's or respondent's family or

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1 household; and
2 (ii) the danger that any minor child will be abused
3 or neglected or improperly relocated from the
4 jurisdiction, improperly concealed within the State,
5 or improperly separated from the child's primary
6 caretaker.
7 (2) In comparing relative hardships resulting to the
8 parties from loss of possession of the family home, the
9 court shall consider relevant factors, including, but not
10 limited to, the following:
11 (i) availability, accessibility, cost, safety,
12 adequacy, location, and other characteristics of
13 alternate housing for each party and any minor child or
14 dependent adult in the party's care;
15 (ii) the effect on the party's employment; and
16 (iii) the effect on the relationship of the party,
17 and any minor child or dependent adult in the party's
18 care, to family, school, church, and community.
19 (3) Subject to the exceptions set forth in paragraph
20 (4) of this subsection (c), the court shall make its
21 findings in an official record or in writing, and shall at
22 a minimum set forth the following:
23 (i) That the court has considered the applicable
24 relevant factors described in paragraphs (1) and (2) of
25 this subsection (c).
26 (ii) Whether the conduct or actions of respondent,

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1 unless prohibited, will likely cause irreparable harm
2 or continued abuse.
3 (iii) Whether it is necessary to grant the
4 requested relief in order to protect petitioner or
5 other alleged abused persons.
6 (4) (Blank).
7 (5) Never married parties. No rights or
8 responsibilities for a minor child born outside of marriage
9 attach to a putative father until a father and child
10 relationship has been established under the Illinois
11 Parentage Act of 1984, the Illinois Parentage Act of 2015,
12 the Illinois Public Aid Code, Section 12 of the Vital
13 Records Act, the Juvenile Court Act of 1987, the Probate
14 Act of 1975, the Uniform Interstate Family Support Act, the
15 Expedited Child Support Act of 1990, any judicial,
16 administrative, or other act of another state or territory,
17 any other statute of this State, or by any foreign nation
18 establishing the father and child relationship, any other
19 proceeding substantially in conformity with the federal
20 Personal Responsibility and Work Opportunity
21 Reconciliation Act of 1996, or when both parties appeared
22 in open court or at an administrative hearing acknowledging
23 under oath or admitting by affirmation the existence of a
24 father and child relationship. Absent such an
25 adjudication, no putative father shall be granted
26 temporary allocation of parental responsibilities,

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1 including parenting time with the minor child, or physical
2 care and possession of the minor child, nor shall an order
3 of payment for support of the minor child be entered.
4 (d) Balance of hardships; findings. If the court finds that
5the balance of hardships does not support the granting of a
6remedy governed by paragraph (2), (3), (10), (11), or (16) of
7subsection (b) of this Section, which may require such
8balancing, the court's findings shall so indicate and shall
9include a finding as to whether granting the remedy will result
10in hardship to respondent that would substantially outweigh the
11hardship to petitioner from denial of the remedy. The findings
12shall be an official record or in writing.
13 (e) Denial of remedies. Denial of any remedy shall not be
14based, in whole or in part, on evidence that:
15 (1) respondent has cause for any use of force, unless
16 that cause satisfies the standards for justifiable use of
17 force provided by Article 7 of the Criminal Code of 2012;
18 (2) respondent was voluntarily intoxicated;
19 (3) petitioner acted in self-defense or defense of
20 another, provided that, if petitioner utilized force, such
21 force was justifiable under Article 7 of the Criminal Code
22 of 2012;
23 (4) petitioner did not act in self-defense or defense
24 of another;
25 (5) petitioner left the residence or household to avoid
26 further abuse by respondent;

SB0058- 210 -LRB101 05104 SLF 50115 b
1 (6) petitioner did not leave the residence or household
2 to avoid further abuse by respondent; or
3 (7) conduct by any family or household member excused
4 the abuse by respondent, unless that same conduct would
5 have excused such abuse if the parties had not been family
6 or household members.
7(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18;
8100-388, eff. 1-1-18; 100-597, eff. 6-29-18; 100-863, eff.
98-14-18; 100-923, eff. 1-1-19; revised 10-18-18.)
10 Section 95. The Unified Code of Corrections is amended by
11changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as
12follows:
13 (730 ILCS 5/5-4.5-110)
14 (Section scheduled to be repealed on January 1, 2023)
15 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
16PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
17 (a) DEFINITIONS. For the purposes of this Section:
18 "Firearm" has the meaning ascribed to it in Section
19 2-7.5 of the Criminal Code of 2012 Section 1.1 of the
20 Firearm Owners Identification Card Act.
21 "Qualifying predicate offense" means the following
22 offenses under the Criminal Code of 2012:
23 (A) aggravated unlawful use of a weapon under
24 Section 24-1.6 or similar offense under the Criminal

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1 Code of 1961, when the weapon is a firearm;
2 (B) unlawful use or possession of a weapon by a
3 felon under Section 24-1.1 or similar offense under the
4 Criminal Code of 1961, when the weapon is a firearm;
5 (C) first degree murder under Section 9-1 or
6 similar offense under the Criminal Code of 1961;
7 (D) attempted first degree murder with a firearm or
8 similar offense under the Criminal Code of 1961;
9 (E) aggravated kidnapping with a firearm under
10 paragraph (6) or (7) of subsection (a) of Section 10-2
11 or similar offense under the Criminal Code of 1961;
12 (F) aggravated battery with a firearm under
13 subsection (e) of Section 12-3.05 or similar offense
14 under the Criminal Code of 1961;
15 (G) aggravated criminal sexual assault under
16 Section 11-1.30 or similar offense under the Criminal
17 Code of 1961;
18 (H) predatory criminal sexual assault of a child
19 under Section 11-1.40 or similar offense under the
20 Criminal Code of 1961;
21 (I) armed robbery under Section 18-2 or similar
22 offense under the Criminal Code of 1961;
23 (J) vehicular hijacking under Section 18-3 or
24 similar offense under the Criminal Code of 1961;
25 (K) aggravated vehicular hijacking under Section
26 18-4 or similar offense under the Criminal Code of

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1 1961;
2 (L) home invasion with a firearm under paragraph
3 (3), (4), or (5) of subsection (a) of Section 19-6 or
4 similar offense under the Criminal Code of 1961;
5 (M) aggravated discharge of a firearm under
6 Section 24-1.2 or similar offense under the Criminal
7 Code of 1961;
8 (N) aggravated discharge of a machine gun or a
9 firearm equipped with a device designed or used for
10 silencing the report of a firearm under Section
11 24-1.2-5 or similar offense under the Criminal Code of
12 1961;
13 (0) unlawful use of firearm projectiles under
14 Section 24-2.1 or similar offense under the Criminal
15 Code of 1961;
16 (P) manufacture, sale, or transfer of bullets or
17 shells represented to be armor piercing bullets,
18 dragon's breath shotgun shells, bolo shells, or
19 flechette shells under Section 24-2.2 or similar
20 offense under the Criminal Code of 1961;
21 (Q) unlawful sale or delivery of firearms under
22 Section 24-3 or similar offense under the Criminal Code
23 of 1961;
24 (R) unlawful discharge of firearm projectiles
25 under Section 24-3.2 or similar offense under the
26 Criminal Code of 1961;

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1 (S) unlawful sale or delivery of firearms on school
2 premises of any school under Section 24-3.3 or similar
3 offense under the Criminal Code of 1961;
4 (T) unlawful purchase of a firearm under Section
5 24-3.5 or similar offense under the Criminal Code of
6 1961;
7 (U) use of a stolen firearm in the commission of an
8 offense under Section 24-3.7 or similar offense under
9 the Criminal Code of 1961;
10 (V) possession of a stolen firearm under Section
11 24-3.8 or similar offense under the Criminal Code of
12 1961;
13 (W) aggravated possession of a stolen firearm
14 under Section 24-3.9 or similar offense under the
15 Criminal Code of 1961;
16 (X) gunrunning under Section 24-3A or similar
17 offense under the Criminal Code of 1961;
18 (Y) defacing identification marks of firearms
19 under Section 24-5 or similar offense under the
20 Criminal Code of 1961; and
21 (Z) armed violence under Section 33A-2 or similar
22 offense under the Criminal Code of 1961.
23 (b) APPLICABILITY. For an offense committed on or after the
24effective date of this amendatory Act of the 100th General
25Assembly and before January 1, 2023, when a person is convicted
26of unlawful use or possession of a weapon by a felon, when the

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1weapon is a firearm, or aggravated unlawful use of a weapon,
2when the weapon is a firearm, after being previously convicted
3of a qualifying predicate offense the person shall be subject
4to the sentencing guidelines under this Section.
5 (c) SENTENCING GUIDELINES.
6 (1) When a person is convicted of unlawful use or
7 possession of a weapon by a felon, when the weapon is a
8 firearm, and that person has been previously convicted of a
9 qualifying predicate offense, the person shall be
10 sentenced to a term of imprisonment within the sentencing
11 range of not less than 7 years and not more than 14 years,
12 unless the court finds that a departure from the sentencing
13 guidelines under this paragraph is warranted under
14 subsection (d) of this Section.
15 (2) When a person is convicted of aggravated unlawful
16 use of a weapon, when the weapon is a firearm, and that
17 person has been previously convicted of a qualifying
18 predicate offense, the person shall be sentenced to a term
19 of imprisonment within the sentencing range of not less
20 than 6 years and not more than 7 years, unless the court
21 finds that a departure from the sentencing guidelines under
22 this paragraph is warranted under subsection (d) of this
23 Section.
24 (3) The sentencing guidelines in paragraphs (1) and (2)
25 of this subsection (c) apply only to offenses committed on
26 and after the effective date of this amendatory Act of the

SB0058- 215 -LRB101 05104 SLF 50115 b
1 100th General Assembly and before January 1, 2023.
2 (d) DEPARTURE FROM SENTENCING GUIDELINES.
3 (1) At the sentencing hearing conducted under Section
4 5-4-1 of this Code, the court may depart from the
5 sentencing guidelines provided in subsection (c) of this
6 Section and impose a sentence otherwise authorized by law
7 for the offense if the court, after considering any factor
8 under paragraph (2) of this subsection (d) relevant to the
9 nature and circumstances of the crime and to the history
10 and character of the defendant, finds on the record
11 substantial and compelling justification that the sentence
12 within the sentencing guidelines would be unduly harsh and
13 that a sentence otherwise authorized by law would be
14 consistent with public safety and does not deprecate the
15 seriousness of the offense.
16 (2) In deciding whether to depart from the sentencing
17 guidelines under this paragraph, the court shall consider:
18 (A) the age, immaturity, or limited mental
19 capacity of the defendant at the time of commission of
20 the qualifying predicate or current offense, including
21 whether the defendant was suffering from a mental or
22 physical condition insufficient to constitute a
23 defense but significantly reduced the defendant's
24 culpability;
25 (B) the nature and circumstances of the qualifying
26 predicate offense;

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1 (C) the time elapsed since the qualifying
2 predicate offense;
3 (D) the nature and circumstances of the current
4 offense;
5 (E) the defendant's prior criminal history;
6 (F) whether the defendant committed the qualifying
7 predicate or current offense under specific and
8 credible duress, coercion, threat, or compulsion;
9 (G) whether the defendant aided in the
10 apprehension of another felon or testified truthfully
11 on behalf of another prosecution of a felony; and
12 (H) whether departure is in the interest of the
13 person's rehabilitation, including employment or
14 educational or vocational training, after taking into
15 account any past rehabilitation efforts or
16 dispositions of probation or supervision, and the
17 defendant's cooperation or response to rehabilitation.
18 (3) When departing from the sentencing guidelines
19 under this Section, the court shall specify on the record,
20 the particular evidence, information, factor or factors,
21 or other reasons which led to the departure from the
22 sentencing guidelines. When departing from the sentencing
23 range in accordance with this subsection (d), the court
24 shall indicate on the sentencing order which departure
25 factor or factors outlined in paragraph (2) of this
26 subsection (d) led to the sentence imposed. The sentencing

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1 order shall be filed with the clerk of the court and shall
2 be a public record.
3 (e) This Section is repealed on January 1, 2023.
4(Source: P.A. 100-3, eff. 1-1-18.)
5 (730 ILCS 5/5-5-3)
6 (Text of Section after amendment by P.A. 100-987)
7 Sec. 5-5-3. Disposition.
8 (a) (Blank).
9 (b) (Blank).
10 (c) (1) (Blank).
11 (2) A period of probation, a term of periodic imprisonment
12or conditional discharge shall not be imposed for the following
13offenses. The court shall sentence the offender to not less
14than the minimum term of imprisonment set forth in this Code
15for the following offenses, and may order a fine or restitution
16or both in conjunction with such term of imprisonment:
17 (A) First degree murder where the death penalty is not
18 imposed.
19 (B) Attempted first degree murder.
20 (C) A Class X felony.
21 (D) A violation of Section 401.1 or 407 of the Illinois
22 Controlled Substances Act, or a violation of subdivision
23 (c)(1.5) of Section 401 of that Act which relates to more
24 than 5 grams of a substance containing fentanyl or an
25 analog thereof.

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1 (D-5) A violation of subdivision (c)(1) of Section 401
2 of the Illinois Controlled Substances Act which relates to
3 3 or more grams of a substance containing heroin or an
4 analog thereof.
5 (E) (Blank).
6 (F) A Class 1 or greater felony if the offender had
7 been convicted of a Class 1 or greater felony, including
8 any state or federal conviction for an offense that
9 contained, at the time it was committed, the same elements
10 as an offense now (the date of the offense committed after
11 the prior Class 1 or greater felony) classified as a Class
12 1 or greater felony, within 10 years of the date on which
13 the offender committed the offense for which he or she is
14 being sentenced, except as otherwise provided in Section
15 40-10 of the Substance Use Disorder Act.
16 (F-3) A Class 2 or greater felony sex offense or felony
17 firearm offense if the offender had been convicted of a
18 Class 2 or greater felony, including any state or federal
19 conviction for an offense that contained, at the time it
20 was committed, the same elements as an offense now (the
21 date of the offense committed after the prior Class 2 or
22 greater felony) classified as a Class 2 or greater felony,
23 within 10 years of the date on which the offender committed
24 the offense for which he or she is being sentenced, except
25 as otherwise provided in Section 40-10 of the Substance Use
26 Disorder Act.

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1 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
2 the Criminal Code of 1961 or the Criminal Code of 2012 for
3 which imprisonment is prescribed in those Sections.
4 (G) Residential burglary, except as otherwise provided
5 in Section 40-10 of the Substance Use Disorder Act.
6 (H) Criminal sexual assault.
7 (I) Aggravated battery of a senior citizen as described
8 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
9 of the Criminal Code of 1961 or the Criminal Code of 2012.
10 (J) A forcible felony if the offense was related to the
11 activities of an organized gang.
12 Before July 1, 1994, for the purposes of this
13 paragraph, "organized gang" means an association of 5 or
14 more persons, with an established hierarchy, that
15 encourages members of the association to perpetrate crimes
16 or provides support to the members of the association who
17 do commit crimes.
18 Beginning July 1, 1994, for the purposes of this
19 paragraph, "organized gang" has the meaning ascribed to it
20 in Section 10 of the Illinois Streetgang Terrorism Omnibus
21 Prevention Act.
22 (K) Vehicular hijacking.
23 (L) A second or subsequent conviction for the offense
24 of hate crime when the underlying offense upon which the
25 hate crime is based is felony aggravated assault or felony
26 mob action.

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1 (M) A second or subsequent conviction for the offense
2 of institutional vandalism if the damage to the property
3 exceeds $300.
4 (N) A Class 3 felony violation of paragraph (1) of
5 subsection (a) of Section 2 of the Firearm Owners
6 Identification Card Act committed before the effective
7 date of this amendatory Act of the 101st General Assembly.
8 (O) A violation of Section 12-6.1 or 12-6.5 of the
9 Criminal Code of 1961 or the Criminal Code of 2012.
10 (P) A violation of paragraph (1), (2), (3), (4), (5),
11 or (7) of subsection (a) of Section 11-20.1 of the Criminal
12 Code of 1961 or the Criminal Code of 2012.
13 (Q) A violation of subsection (b) or (b-5) of Section
14 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
15 Code of 1961 or the Criminal Code of 2012.
16 (R) A violation of Section 24-3A of the Criminal Code
17 of 1961 or the Criminal Code of 2012.
18 (S) (Blank).
19 (T) (Blank).
20 (U) A second or subsequent violation of Section 6-303
21 of the Illinois Vehicle Code committed while his or her
22 driver's license, permit, or privilege was revoked because
23 of a violation of Section 9-3 of the Criminal Code of 1961
24 or the Criminal Code of 2012, relating to the offense of
25 reckless homicide, or a similar provision of a law of
26 another state.

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1 (V) A violation of paragraph (4) of subsection (c) of
2 Section 11-20.1B or paragraph (4) of subsection (c) of
3 Section 11-20.3 of the Criminal Code of 1961, or paragraph
4 (6) of subsection (a) of Section 11-20.1 of the Criminal
5 Code of 2012 when the victim is under 13 years of age and
6 the defendant has previously been convicted under the laws
7 of this State or any other state of the offense of child
8 pornography, aggravated child pornography, aggravated
9 criminal sexual abuse, aggravated criminal sexual assault,
10 predatory criminal sexual assault of a child, or any of the
11 offenses formerly known as rape, deviate sexual assault,
12 indecent liberties with a child, or aggravated indecent
13 liberties with a child where the victim was under the age
14 of 18 years or an offense that is substantially equivalent
15 to those offenses.
16 (W) A violation of Section 24-3.5 of the Criminal Code
17 of 1961 or the Criminal Code of 2012.
18 (X) A violation of subsection (a) of Section 31-1a of
19 the Criminal Code of 1961 or the Criminal Code of 2012.
20 (Y) A conviction for unlawful possession of a firearm
21 by a street gang member when the firearm was loaded or
22 contained firearm ammunition.
23 (Z) A Class 1 felony committed while he or she was
24 serving a term of probation or conditional discharge for a
25 felony.
26 (AA) Theft of property exceeding $500,000 and not

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1 exceeding $1,000,000 in value.
2 (BB) Laundering of criminally derived property of a
3 value exceeding $500,000.
4 (CC) Knowingly selling, offering for sale, holding for
5 sale, or using 2,000 or more counterfeit items or
6 counterfeit items having a retail value in the aggregate of
7 $500,000 or more.
8 (DD) A conviction for aggravated assault under
9 paragraph (6) of subsection (c) of Section 12-2 of the
10 Criminal Code of 1961 or the Criminal Code of 2012 if the
11 firearm is aimed toward the person against whom the firearm
12 is being used.
13 (EE) A conviction for a violation of paragraph (2) of
14 subsection (a) of Section 24-3B of the Criminal Code of
15 2012.
16 (3) (Blank).
17 (4) A minimum term of imprisonment of not less than 10
18consecutive days or 30 days of community service shall be
19imposed for a violation of paragraph (c) of Section 6-303 of
20the Illinois Vehicle Code.
21 (4.1) (Blank).
22 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
23this subsection (c), a minimum of 100 hours of community
24service shall be imposed for a second violation of Section
256-303 of the Illinois Vehicle Code.
26 (4.3) A minimum term of imprisonment of 30 days or 300

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1hours of community service, as determined by the court, shall
2be imposed for a second violation of subsection (c) of Section
36-303 of the Illinois Vehicle Code.
4 (4.4) Except as provided in paragraphs (4.5), (4.6), and
5(4.9) of this subsection (c), a minimum term of imprisonment of
630 days or 300 hours of community service, as determined by the
7court, shall be imposed for a third or subsequent violation of
8Section 6-303 of the Illinois Vehicle Code. The court may give
9credit toward the fulfillment of community service hours for
10participation in activities and treatment as determined by
11court services.
12 (4.5) A minimum term of imprisonment of 30 days shall be
13imposed for a third violation of subsection (c) of Section
146-303 of the Illinois Vehicle Code.
15 (4.6) Except as provided in paragraph (4.10) of this
16subsection (c), a minimum term of imprisonment of 180 days
17shall be imposed for a fourth or subsequent violation of
18subsection (c) of Section 6-303 of the Illinois Vehicle Code.
19 (4.7) A minimum term of imprisonment of not less than 30
20consecutive days, or 300 hours of community service, shall be
21imposed for a violation of subsection (a-5) of Section 6-303 of
22the Illinois Vehicle Code, as provided in subsection (b-5) of
23that Section.
24 (4.8) A mandatory prison sentence shall be imposed for a
25second violation of subsection (a-5) of Section 6-303 of the
26Illinois Vehicle Code, as provided in subsection (c-5) of that

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1Section. The person's driving privileges shall be revoked for a
2period of not less than 5 years from the date of his or her
3release from prison.
4 (4.9) A mandatory prison sentence of not less than 4 and
5not more than 15 years shall be imposed for a third violation
6of subsection (a-5) of Section 6-303 of the Illinois Vehicle
7Code, as provided in subsection (d-2.5) of that Section. The
8person's driving privileges shall be revoked for the remainder
9of his or her life.
10 (4.10) A mandatory prison sentence for a Class 1 felony
11shall be imposed, and the person shall be eligible for an
12extended term sentence, for a fourth or subsequent violation of
13subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
14as provided in subsection (d-3.5) of that Section. The person's
15driving privileges shall be revoked for the remainder of his or
16her life.
17 (5) The court may sentence a corporation or unincorporated
18association convicted of any offense to:
19 (A) a period of conditional discharge;
20 (B) a fine;
21 (C) make restitution to the victim under Section 5-5-6
22 of this Code.
23 (5.1) In addition to any other penalties imposed, and
24except as provided in paragraph (5.2) or (5.3), a person
25convicted of violating subsection (c) of Section 11-907 of the
26Illinois Vehicle Code shall have his or her driver's license,

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1permit, or privileges suspended for at least 90 days but not
2more than one year, if the violation resulted in damage to the
3property of another person.
4 (5.2) In addition to any other penalties imposed, and
5except as provided in paragraph (5.3), a person convicted of
6violating subsection (c) of Section 11-907 of the Illinois
7Vehicle Code shall have his or her driver's license, permit, or
8privileges suspended for at least 180 days but not more than 2
9years, if the violation resulted in injury to another person.
10 (5.3) In addition to any other penalties imposed, a person
11convicted of violating subsection (c) of Section 11-907 of the
12Illinois Vehicle Code shall have his or her driver's license,
13permit, or privileges suspended for 2 years, if the violation
14resulted in the death of another person.
15 (5.4) In addition to any other penalties imposed, a person
16convicted of violating Section 3-707 of the Illinois Vehicle
17Code shall have his or her driver's license, permit, or
18privileges suspended for 3 months and until he or she has paid
19a reinstatement fee of $100.
20 (5.5) In addition to any other penalties imposed, a person
21convicted of violating Section 3-707 of the Illinois Vehicle
22Code during a period in which his or her driver's license,
23permit, or privileges were suspended for a previous violation
24of that Section shall have his or her driver's license, permit,
25or privileges suspended for an additional 6 months after the
26expiration of the original 3-month suspension and until he or

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1she has paid a reinstatement fee of $100.
2 (6) (Blank).
3 (7) (Blank).
4 (8) (Blank).
5 (9) A defendant convicted of a second or subsequent offense
6of ritualized abuse of a child may be sentenced to a term of
7natural life imprisonment.
8 (10) (Blank).
9 (11) The court shall impose a minimum fine of $1,000 for a
10first offense and $2,000 for a second or subsequent offense
11upon a person convicted of or placed on supervision for battery
12when the individual harmed was a sports official or coach at
13any level of competition and the act causing harm to the sports
14official or coach occurred within an athletic facility or
15within the immediate vicinity of the athletic facility at which
16the sports official or coach was an active participant of the
17athletic contest held at the athletic facility. For the
18purposes of this paragraph (11), "sports official" means a
19person at an athletic contest who enforces the rules of the
20contest, such as an umpire or referee; "athletic facility"
21means an indoor or outdoor playing field or recreational area
22where sports activities are conducted; and "coach" means a
23person recognized as a coach by the sanctioning authority that
24conducted the sporting event.
25 (12) A person may not receive a disposition of court
26supervision for a violation of Section 5-16 of the Boat

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1Registration and Safety Act if that person has previously
2received a disposition of court supervision for a violation of
3that Section.
4 (13) A person convicted of or placed on court supervision
5for an assault or aggravated assault when the victim and the
6offender are family or household members as defined in Section
7103 of the Illinois Domestic Violence Act of 1986 or convicted
8of domestic battery or aggravated domestic battery may be
9required to attend a Partner Abuse Intervention Program under
10protocols set forth by the Illinois Department of Human
11Services under such terms and conditions imposed by the court.
12The costs of such classes shall be paid by the offender.
13 (d) In any case in which a sentence originally imposed is
14vacated, the case shall be remanded to the trial court. The
15trial court shall hold a hearing under Section 5-4-1 of this
16the Unified Code of Corrections which may include evidence of
17the defendant's life, moral character and occupation during the
18time since the original sentence was passed. The trial court
19shall then impose sentence upon the defendant. The trial court
20may impose any sentence which could have been imposed at the
21original trial subject to Section 5-5-4 of this the Unified
22Code of Corrections. If a sentence is vacated on appeal or on
23collateral attack due to the failure of the trier of fact at
24trial to determine beyond a reasonable doubt the existence of a
25fact (other than a prior conviction) necessary to increase the
26punishment for the offense beyond the statutory maximum

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1otherwise applicable, either the defendant may be re-sentenced
2to a term within the range otherwise provided or, if the State
3files notice of its intention to again seek the extended
4sentence, the defendant shall be afforded a new trial.
5 (e) In cases where prosecution for aggravated criminal
6sexual abuse under Section 11-1.60 or 12-16 of the Criminal
7Code of 1961 or the Criminal Code of 2012 results in conviction
8of a defendant who was a family member of the victim at the
9time of the commission of the offense, the court shall consider
10the safety and welfare of the victim and may impose a sentence
11of probation only where:
12 (1) the court finds (A) or (B) or both are appropriate:
13 (A) the defendant is willing to undergo a court
14 approved counseling program for a minimum duration of 2
15 years; or
16 (B) the defendant is willing to participate in a
17 court approved plan including but not limited to the
18 defendant's:
19 (i) removal from the household;
20 (ii) restricted contact with the victim;
21 (iii) continued financial support of the
22 family;
23 (iv) restitution for harm done to the victim;
24 and
25 (v) compliance with any other measures that
26 the court may deem appropriate; and

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1 (2) the court orders the defendant to pay for the
2 victim's counseling services, to the extent that the court
3 finds, after considering the defendant's income and
4 assets, that the defendant is financially capable of paying
5 for such services, if the victim was under 18 years of age
6 at the time the offense was committed and requires
7 counseling as a result of the offense.
8 Probation may be revoked or modified pursuant to Section
95-6-4; except where the court determines at the hearing that
10the defendant violated a condition of his or her probation
11restricting contact with the victim or other family members or
12commits another offense with the victim or other family
13members, the court shall revoke the defendant's probation and
14impose a term of imprisonment.
15 For the purposes of this Section, "family member" and
16"victim" shall have the meanings ascribed to them in Section
1711-0.1 of the Criminal Code of 2012.
18 (f) (Blank).
19 (g) Whenever a defendant is convicted of an offense under
20Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2111-14.3, 11-14.4 except for an offense that involves keeping a
22place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2311-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
25Criminal Code of 2012, the defendant shall undergo medical
26testing to determine whether the defendant has any sexually

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1transmissible disease, including a test for infection with
2human immunodeficiency virus (HIV) or any other identified
3causative agent of acquired immunodeficiency syndrome (AIDS).
4Any such medical test shall be performed only by appropriately
5licensed medical practitioners and may include an analysis of
6any bodily fluids as well as an examination of the defendant's
7person. Except as otherwise provided by law, the results of
8such test shall be kept strictly confidential by all medical
9personnel involved in the testing and must be personally
10delivered in a sealed envelope to the judge of the court in
11which the conviction was entered for the judge's inspection in
12camera. Acting in accordance with the best interests of the
13victim and the public, the judge shall have the discretion to
14determine to whom, if anyone, the results of the testing may be
15revealed. The court shall notify the defendant of the test
16results. The court shall also notify the victim if requested by
17the victim, and if the victim is under the age of 15 and if
18requested by the victim's parents or legal guardian, the court
19shall notify the victim's parents or legal guardian of the test
20results. The court shall provide information on the
21availability of HIV testing and counseling at Department of
22Public Health facilities to all parties to whom the results of
23the testing are revealed and shall direct the State's Attorney
24to provide the information to the victim when possible. A
25State's Attorney may petition the court to obtain the results
26of any HIV test administered under this Section, and the court

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1shall grant the disclosure if the State's Attorney shows it is
2relevant in order to prosecute a charge of criminal
3transmission of HIV under Section 12-5.01 or 12-16.2 of the
4Criminal Code of 1961 or the Criminal Code of 2012 against the
5defendant. The court shall order that the cost of any such test
6shall be paid by the county and may be taxed as costs against
7the convicted defendant.
8 (g-5) When an inmate is tested for an airborne communicable
9disease, as determined by the Illinois Department of Public
10Health including but not limited to tuberculosis, the results
11of the test shall be personally delivered by the warden or his
12or her designee in a sealed envelope to the judge of the court
13in which the inmate must appear for the judge's inspection in
14camera if requested by the judge. Acting in accordance with the
15best interests of those in the courtroom, the judge shall have
16the discretion to determine what if any precautions need to be
17taken to prevent transmission of the disease in the courtroom.
18 (h) Whenever a defendant is convicted of an offense under
19Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
20defendant shall undergo medical testing to determine whether
21the defendant has been exposed to human immunodeficiency virus
22(HIV) or any other identified causative agent of acquired
23immunodeficiency syndrome (AIDS). Except as otherwise provided
24by law, the results of such test shall be kept strictly
25confidential by all medical personnel involved in the testing
26and must be personally delivered in a sealed envelope to the

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