Bill Text: IL SB1139 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 2012. Extends from January 1, 2020 to January 1, 2025, the date of the inoperability of the eavesdropping exemption that provides with prior request to and written or verbal approval of the State's Attorney of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to the conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a qualified offense as defined in the exemption. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-07-12 - Public Act . . . . . . . . . 101-0080 [SB1139 Detail]
Download: Illinois-2019-SB1139-Enrolled.html
Bill Title: Amends the Criminal Code of 2012. Extends from January 1, 2020 to January 1, 2025, the date of the inoperability of the eavesdropping exemption that provides with prior request to and written or verbal approval of the State's Attorney of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to the conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a qualified offense as defined in the exemption. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-07-12 - Public Act . . . . . . . . . 101-0080 [SB1139 Detail]
Download: Illinois-2019-SB1139-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Firearm Owners Identification Card Act is | ||||||
5 | amended by changing Sections 4 and 8 as follows:
| ||||||
6 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
7 | Sec. 4. Application for Firearm Owner's Identification | ||||||
8 | Cards. | ||||||
9 | (a) Each applicant for a Firearm Owner's Identification | ||||||
10 | Card must:
| ||||||
11 | (1) Make application on blank forms prepared and | ||||||
12 | furnished at convenient
locations throughout the State by | ||||||
13 | the Department of State Police, or by
electronic means, if | ||||||
14 | and when made available by the Department of State
Police; | ||||||
15 | and
| ||||||
16 | (2) Submit evidence to the Department of State Police | ||||||
17 | that:
| ||||||
18 | (i) This subparagraph (i) applies through the | ||||||
19 | 180th day following the effective date of this | ||||||
20 | amendatory Act of the 101st General Assembly. He or she | ||||||
21 | is 21 years of age or over, or if he or she is under 21
| ||||||
22 | years of age that he or she has the written consent of | ||||||
23 | his or her parent or
legal guardian to possess and |
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1 | acquire firearms and firearm ammunition and that
he or | ||||||
2 | she has never been convicted of a misdemeanor other | ||||||
3 | than a traffic
offense or adjudged
delinquent, | ||||||
4 | provided, however, that such parent or legal guardian | ||||||
5 | is not an
individual prohibited from having a Firearm | ||||||
6 | Owner's Identification Card and
files an affidavit | ||||||
7 | with the Department as prescribed by the Department
| ||||||
8 | stating that he or she is not an individual prohibited | ||||||
9 | from having a Card; | ||||||
10 | (i-5) This subparagraph (i-5) applies on and after | ||||||
11 | the 181st day following the effective date of this | ||||||
12 | amendatory Act of the 101st General Assembly. He or she | ||||||
13 | is 21 years of age or over, or if he or she is under 21
| ||||||
14 | years of age that he or she has never been convicted of | ||||||
15 | a misdemeanor other than a traffic offense or adjudged | ||||||
16 | delinquent and is an active duty member of the United | ||||||
17 | States Armed Forces or has the written consent of his | ||||||
18 | or her parent or
legal guardian to possess and acquire | ||||||
19 | firearms and firearm ammunition, provided, however, | ||||||
20 | that such parent or legal guardian is not an
individual | ||||||
21 | prohibited from having a Firearm Owner's | ||||||
22 | Identification Card and
files an affidavit with the | ||||||
23 | Department as prescribed by the Department
stating | ||||||
24 | that he or she is not an individual prohibited from | ||||||
25 | having a Card or the active duty member of the United | ||||||
26 | States Armed Forces under 21 years of age annually |
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1 | submits proof to the Department of State Police, in a | ||||||
2 | manner prescribed by the Department;
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3 | (ii) He or she has not been convicted of a felony | ||||||
4 | under the laws of
this or any other jurisdiction;
| ||||||
5 | (iii) He or she is not addicted to narcotics;
| ||||||
6 | (iv) He or she has not been a patient in a mental | ||||||
7 | health facility within
the past 5 years or, if he or | ||||||
8 | she has been a patient in a mental health facility more | ||||||
9 | than 5 years ago submit the certification required | ||||||
10 | under subsection (u) of Section 8 of this Act;
| ||||||
11 | (v) He or she is not a person with an intellectual | ||||||
12 | disability;
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13 | (vi) He or she is not an alien who is unlawfully | ||||||
14 | present in the
United States under the laws of the | ||||||
15 | United States;
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16 | (vii) He or she is not subject to an existing order | ||||||
17 | of protection
prohibiting him or her from possessing a | ||||||
18 | firearm;
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19 | (viii) He or she has not been convicted within the | ||||||
20 | past 5 years of
battery, assault, aggravated assault, | ||||||
21 | violation of an order of
protection, or a substantially | ||||||
22 | similar offense in another jurisdiction, in
which a | ||||||
23 | firearm was used or possessed;
| ||||||
24 | (ix) He or she has not been convicted of domestic | ||||||
25 | battery, aggravated domestic battery, or a
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26 | substantially similar offense in another
jurisdiction |
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1 | committed before, on or after January 1, 2012 (the | ||||||
2 | effective date of Public Act 97-158). If the applicant | ||||||
3 | knowingly and intelligently waives the right to have an | ||||||
4 | offense described in this clause (ix) tried by a jury, | ||||||
5 | and by guilty plea or otherwise, results in a | ||||||
6 | conviction for an offense in which a domestic | ||||||
7 | relationship is not a required element of the offense | ||||||
8 | but in which a determination of the applicability of 18 | ||||||
9 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
10 | Code of Criminal Procedure of 1963, an entry by the | ||||||
11 | court of a judgment of conviction for that offense | ||||||
12 | shall be grounds for denying the issuance of a Firearm | ||||||
13 | Owner's Identification Card under this Section;
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14 | (x) (Blank);
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15 | (xi) He or she is not an alien who has been | ||||||
16 | admitted to the United
States under a non-immigrant | ||||||
17 | visa (as that term is defined in Section
101(a)(26) of | ||||||
18 | the Immigration and Nationality Act (8 U.S.C. | ||||||
19 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
20 | been lawfully admitted to the United
States under a | ||||||
21 | non-immigrant visa if that alien is:
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22 | (1) admitted to the United States for lawful | ||||||
23 | hunting or sporting
purposes;
| ||||||
24 | (2) an official representative of a foreign | ||||||
25 | government who is:
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26 | (A) accredited to the United States |
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1 | Government or the Government's
mission to an | ||||||
2 | international organization having its | ||||||
3 | headquarters in the United
States; or
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4 | (B) en route to or from another country to | ||||||
5 | which that alien is
accredited;
| ||||||
6 | (3) an official of a foreign government or | ||||||
7 | distinguished foreign
visitor who has been so | ||||||
8 | designated by the Department of State;
| ||||||
9 | (4) a foreign law enforcement officer of a | ||||||
10 | friendly foreign
government entering the United | ||||||
11 | States on official business; or
| ||||||
12 | (5) one who has received a waiver from the | ||||||
13 | Attorney General of the
United States pursuant to | ||||||
14 | 18 U.S.C. 922(y)(3);
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15 | (xii) He or she is not a minor subject to a | ||||||
16 | petition filed
under Section 5-520 of the Juvenile | ||||||
17 | Court Act of 1987 alleging that the
minor is a | ||||||
18 | delinquent minor for the commission of an offense that | ||||||
19 | if
committed by an adult would be a felony;
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20 | (xiii) He or she is not an adult who had been | ||||||
21 | adjudicated a delinquent
minor under the Juvenile | ||||||
22 | Court Act of 1987 for the commission of an offense
that | ||||||
23 | if committed by an adult would be a felony;
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24 | (xiv) He or she is a resident of the State of | ||||||
25 | Illinois; | ||||||
26 | (xv) He or she has not been adjudicated as a person |
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1 | with a mental disability; | ||||||
2 | (xvi) He or she has not been involuntarily admitted | ||||||
3 | into a mental health facility; and | ||||||
4 | (xvii) He or she is not a person with a | ||||||
5 | developmental disability; and
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6 | (3) Upon request by the Department of State Police, | ||||||
7 | sign a release on a
form prescribed by the Department of | ||||||
8 | State Police waiving any right to
confidentiality and | ||||||
9 | requesting the disclosure to the Department of State Police
| ||||||
10 | of limited mental health institution admission information | ||||||
11 | from another state,
the District of Columbia, any other | ||||||
12 | territory of the United States, or a
foreign nation | ||||||
13 | concerning the applicant for the sole purpose of | ||||||
14 | determining
whether the applicant is or was a patient in a | ||||||
15 | mental health institution and
disqualified because of that | ||||||
16 | status from receiving a Firearm Owner's
Identification | ||||||
17 | Card. No mental health care or treatment records may be
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18 | requested. The information received shall be destroyed | ||||||
19 | within one year of
receipt.
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20 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
21 | Card who is over
the age of 18 shall furnish to the Department | ||||||
22 | of State Police either his or
her Illinois driver's license | ||||||
23 | number or Illinois Identification Card number, except as
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24 | provided in subsection (a-10).
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25 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
26 | Card,
who is employed as a law enforcement officer, an armed |
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1 | security officer in Illinois, or by the United States Military
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2 | permanently assigned in Illinois and who is not an Illinois | ||||||
3 | resident, shall furnish to
the Department of State Police his | ||||||
4 | or her driver's license number or state
identification card | ||||||
5 | number from his or her state of residence. The Department
of | ||||||
6 | State Police may adopt rules to enforce the provisions of this
| ||||||
7 | subsection (a-10).
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8 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
9 | Identification Card moves from the residence address named in | ||||||
10 | the application, he or she shall immediately notify in a form | ||||||
11 | and manner prescribed by the Department of State Police of that | ||||||
12 | change of address. | ||||||
13 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
14 | Card shall furnish to the Department of State Police his or her | ||||||
15 | photograph. An applicant who is 21 years of age or older | ||||||
16 | seeking a religious exemption to the photograph requirement | ||||||
17 | must furnish with the application an approved copy of United | ||||||
18 | States Department of the Treasury Internal Revenue Service Form | ||||||
19 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
20 | seeking a religious exemption to the photograph requirement | ||||||
21 | shall submit fingerprints on a form and manner prescribed by | ||||||
22 | the Department with his or her application. | ||||||
23 | (b) Each application form shall include the following | ||||||
24 | statement printed in
bold type: "Warning: Entering false | ||||||
25 | information on an application for a Firearm
Owner's | ||||||
26 | Identification Card is punishable as a Class 2 felony in |
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1 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
2 | Owners Identification Card
Act.".
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3 | (c) Upon such written consent, pursuant to Section 4, | ||||||
4 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
5 | consent shall be liable for any
damages resulting from the | ||||||
6 | applicant's use of firearms or firearm ammunition.
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7 | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
| ||||||
8 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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9 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
10 | of State Police has authority to deny an
application for or to | ||||||
11 | revoke and seize a Firearm Owner's Identification
Card | ||||||
12 | previously issued under this Act only if the Department finds | ||||||
13 | that the
applicant or the person to whom such card was issued | ||||||
14 | is or was at the time
of issuance:
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15 | (a) A person under 21 years of age who has been | ||||||
16 | convicted of a
misdemeanor other than a traffic offense or | ||||||
17 | adjudged delinquent;
| ||||||
18 | (b) This subsection (b) applies through the 180th day | ||||||
19 | following the effective date of this amendatory Act of the | ||||||
20 | 101st General Assembly. A person under 21 years of age who | ||||||
21 | does not have the written consent
of his parent or guardian | ||||||
22 | to acquire and possess firearms and firearm
ammunition, or | ||||||
23 | whose parent or guardian has revoked such written consent,
| ||||||
24 | or where such parent or guardian does not qualify to have a | ||||||
25 | Firearm Owner's
Identification Card; |
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1 | (b-5) This subsection (b-5) applies on and after the | ||||||
2 | 181st day following the effective date of this amendatory | ||||||
3 | Act of the 101st General Assembly. A person under 21 years | ||||||
4 | of age who is not an active duty member of the United | ||||||
5 | States Armed Forces and does not have the written consent
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6 | of his or her parent or guardian to acquire and possess | ||||||
7 | firearms and firearm
ammunition, or whose parent or | ||||||
8 | guardian has revoked such written consent,
or where such | ||||||
9 | parent or guardian does not qualify to have a Firearm | ||||||
10 | Owner's
Identification Card;
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11 | (c) A person convicted of a felony under the laws of | ||||||
12 | this or any other
jurisdiction;
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13 | (d) A person addicted to narcotics;
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14 | (e) A person who has been a patient of a mental health | ||||||
15 | facility within the
past 5 years or a person who has been a | ||||||
16 | patient in a mental health facility more than 5 years ago | ||||||
17 | who has not received the certification required under | ||||||
18 | subsection (u) of this Section. An active law enforcement | ||||||
19 | officer employed by a unit of government who is denied, | ||||||
20 | revoked, or has his or her Firearm Owner's Identification | ||||||
21 | Card seized under this subsection (e) may obtain relief as | ||||||
22 | described in subsection (c-5) of Section 10 of this Act if | ||||||
23 | the officer did not act in a manner threatening to the | ||||||
24 | officer, another person, or the public as determined by the | ||||||
25 | treating clinical psychologist or physician, and the | ||||||
26 | officer seeks mental health treatment;
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1 | (f) A person whose mental condition is of such a nature | ||||||
2 | that it poses
a clear and present danger to the applicant, | ||||||
3 | any other person or persons or
the community;
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4 | (g) A person who has an intellectual disability;
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5 | (h) A person who intentionally makes a false statement | ||||||
6 | in the Firearm
Owner's Identification Card application;
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7 | (i) An alien who is unlawfully present in
the United | ||||||
8 | States under the laws of the United States;
| ||||||
9 | (i-5) An alien who has been admitted to the United | ||||||
10 | States under a
non-immigrant visa (as that term is defined | ||||||
11 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
12 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
13 | (i-5) does not apply to any alien who has been lawfully | ||||||
14 | admitted to
the United States under a non-immigrant visa if | ||||||
15 | that alien is:
| ||||||
16 | (1) admitted to the United States for lawful | ||||||
17 | hunting or sporting purposes;
| ||||||
18 | (2) an official representative of a foreign | ||||||
19 | government who is:
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20 | (A) accredited to the United States Government | ||||||
21 | or the Government's
mission to an international | ||||||
22 | organization having its headquarters in the United
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23 | States; or
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24 | (B) en route to or from another country to | ||||||
25 | which that alien is
accredited;
| ||||||
26 | (3) an official of a foreign government or |
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1 | distinguished foreign visitor
who has been so | ||||||
2 | designated by the Department of State;
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3 | (4) a foreign law enforcement officer of a friendly | ||||||
4 | foreign government
entering the United States on | ||||||
5 | official business; or
| ||||||
6 | (5) one who has received a waiver from the Attorney | ||||||
7 | General of the United
States pursuant to 18 U.S.C. | ||||||
8 | 922(y)(3);
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9 | (j) (Blank);
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10 | (k) A person who has been convicted within the past 5 | ||||||
11 | years of battery,
assault, aggravated assault, violation | ||||||
12 | of an order of protection, or a
substantially similar | ||||||
13 | offense in another jurisdiction, in which a firearm was
| ||||||
14 | used or possessed;
| ||||||
15 | (l) A person who has been convicted of domestic | ||||||
16 | battery, aggravated domestic battery, or a substantially
| ||||||
17 | similar offense in another jurisdiction committed before, | ||||||
18 | on or after January 1, 2012 (the effective date of Public | ||||||
19 | Act 97-158). If the applicant or person who has been | ||||||
20 | previously issued a Firearm Owner's Identification Card | ||||||
21 | under this Act knowingly and intelligently waives the right | ||||||
22 | to have an offense described in this paragraph (l) tried by | ||||||
23 | a jury, and by guilty plea or otherwise, results in a | ||||||
24 | conviction for an offense in which a domestic relationship | ||||||
25 | is not a required element of the offense but in which a | ||||||
26 | determination of the applicability of 18 U.S.C. 922(g)(9) |
| |||||||
| |||||||
1 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
2 | Procedure of 1963, an entry by the court of a judgment of | ||||||
3 | conviction for that offense shall be grounds for denying an | ||||||
4 | application for and for revoking and seizing a Firearm | ||||||
5 | Owner's Identification Card previously issued to the | ||||||
6 | person under this Act;
| ||||||
7 | (m) (Blank);
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8 | (n) A person who is prohibited from acquiring or | ||||||
9 | possessing
firearms or firearm ammunition by any Illinois | ||||||
10 | State statute or by federal
law;
| ||||||
11 | (o) A minor subject to a petition filed under Section | ||||||
12 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
13 | minor is a delinquent minor for
the commission of an | ||||||
14 | offense that if committed by an adult would be a felony;
| ||||||
15 | (p) An adult who had been adjudicated a delinquent | ||||||
16 | minor under the Juvenile
Court Act of 1987 for the | ||||||
17 | commission of an offense that if committed by an
adult | ||||||
18 | would be a felony;
| ||||||
19 | (q) A person who is not a resident of the State of | ||||||
20 | Illinois, except as provided in subsection (a-10) of | ||||||
21 | Section 4; | ||||||
22 | (r) A person who has been adjudicated as a person with | ||||||
23 | a mental disability; | ||||||
24 | (s) A person who has been found to have a developmental | ||||||
25 | disability; | ||||||
26 | (t) A person involuntarily admitted into a mental |
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1 | health facility; or | ||||||
2 | (u) A person who has had his or her Firearm Owner's | ||||||
3 | Identification Card revoked or denied under subsection (e) | ||||||
4 | of this Section or item (iv) of paragraph (2) of subsection | ||||||
5 | (a) of Section 4 of this Act because he or she was a | ||||||
6 | patient in a mental health facility as provided in | ||||||
7 | subsection (e) of this Section, shall not be permitted to | ||||||
8 | obtain a Firearm Owner's Identification Card, after the | ||||||
9 | 5-year period has lapsed, unless he or she has received a | ||||||
10 | mental health evaluation by a physician, clinical | ||||||
11 | psychologist, or qualified examiner as those terms are | ||||||
12 | defined in the Mental Health and Developmental | ||||||
13 | Disabilities Code, and has received a certification that he | ||||||
14 | or she is not a clear and present danger to himself, | ||||||
15 | herself, or others. The physician, clinical psychologist, | ||||||
16 | or qualified examiner making the certification and his or | ||||||
17 | her employer shall not be held criminally, civilly, or | ||||||
18 | professionally liable for making or not making the | ||||||
19 | certification required under this subsection, except for | ||||||
20 | willful or wanton misconduct. This subsection does not | ||||||
21 | apply to a person whose firearm possession rights have been | ||||||
22 | restored through administrative or judicial action under | ||||||
23 | Section 10 or 11 of this Act. | ||||||
24 | Upon revocation of a person's Firearm Owner's | ||||||
25 | Identification Card, the Department of State Police shall | ||||||
26 | provide notice to the person and the person shall comply with |
| |||||||
| |||||||
1 | Section 9.5 of this Act. | ||||||
2 | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | ||||||
3 | eff. 7-16-14; 99-143, eff. 7-27-15.)
| ||||||
4 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
5 | changing Section 50 as follows:
| ||||||
6 | (430 ILCS 66/50)
| ||||||
7 | Sec. 50. License renewal. | ||||||
8 | (a) This subsection (a) applies through the 180th day | ||||||
9 | following the effective date of this amendatory Act of the | ||||||
10 | 101st General Assembly. Applications for renewal of a license | ||||||
11 | shall be made to the Department. A license shall be renewed for | ||||||
12 | a period of 5 years upon receipt of a completed renewal | ||||||
13 | application, completion of 3 hours of training required under | ||||||
14 | Section 75 of this Act, payment of the applicable renewal fee, | ||||||
15 | and completion of an investigation under Section 35 of this | ||||||
16 | Act. The renewal application shall contain the information | ||||||
17 | required in Section 30 of this Act, except that the applicant | ||||||
18 | need not resubmit a full set of fingerprints. | ||||||
19 | (b) This subsection (b) applies on and after the 181st day | ||||||
20 | following the effective date of this amendatory Act of the | ||||||
21 | 101st General Assembly. Applications for renewal of a license | ||||||
22 | shall be made to the Department. A license shall be renewed for | ||||||
23 | a period of 5 years from the date of expiration on the | ||||||
24 | applicant's current license upon the receipt of a completed |
| |||||||
| |||||||
1 | renewal application, completion of 3 hours of training required | ||||||
2 | under Section 75 of this Act, payment of the applicable renewal | ||||||
3 | fee, and completion of an investigation under Section 35 of | ||||||
4 | this Act. The renewal application shall contain the information | ||||||
5 | required in Section 30 of this Act, except that the applicant | ||||||
6 | need not resubmit a full set of fingerprints.
| ||||||
7 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
| ||||||
8 | Section 15. The Firearm Dealer License Certification Act is | ||||||
9 | amended by changing Sections 5-5 and 5-25 as follows:
| ||||||
10 | (430 ILCS 68/5-5)
| ||||||
11 | Sec. 5-5. Definitions. In this Act: | ||||||
12 | "Certified licensee" means a licensee that has previously | ||||||
13 | certified its license with the Department
under this Act. | ||||||
14 | "Department" means the Department of State Police. | ||||||
15 | "Director" means the Director of State Police. | ||||||
16 | "Entity" means any person, firm, corporation, group of | ||||||
17 | individuals, or other legal entity. | ||||||
18 | "Inventory" means firearms in the possession of an | ||||||
19 | individual or entity for the purpose of sale or
transfer.
| ||||||
20 | "License" means a Federal Firearms License authorizing a | ||||||
21 | person or entity to engage in the business of
dealing firearms.
| ||||||
22 | "Licensee" means a person, firm, corporation, or other | ||||||
23 | entity who has been given, and is currently in
possession of, a | ||||||
24 | valid Federal Firearms License. |
| |||||||
| |||||||
1 | "Retail location" means a store open to the public from | ||||||
2 | which a certified licensee
engages in the business of selling, | ||||||
3 | transferring, or facilitating a sale or transfer of a firearm.
| ||||||
4 | For purposes of this Act, the World Shooting and Recreational | ||||||
5 | Complex, a gun show , or similar event at which a certified | ||||||
6 | licensee engages in business from time to time is not a retail | ||||||
7 | location.
| ||||||
8 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
9 | (430 ILCS 68/5-25)
| ||||||
10 | Sec. 5-25. Exemptions. | ||||||
11 | The provisions of this Act related
to the certification of | ||||||
12 | a license do not apply to a
person or entity that engages in | ||||||
13 | the following
activities: | ||||||
14 | (1) temporary transfers of firearms solely for use at | ||||||
15 | the
location or on the premises where the transfer takes | ||||||
16 | place,
such as transfers at a shooting range for use at | ||||||
17 | that location; | ||||||
18 | (2) temporary transfers of firearms solely for use | ||||||
19 | while in
the presence of the transferor or transfers for | ||||||
20 | the
purposes of firearm safety training by a firearms | ||||||
21 | safety training instructor; | ||||||
22 | (3) transfers of firearms among immediate family or
| ||||||
23 | household members, as "immediate family or household | ||||||
24 | member" is
defined in Section 3-2.7-10 of the Unified Code | ||||||
25 | of Corrections, provided that both the transferor and |
| |||||||
| |||||||
1 | transferee have a currently valid Firearm Owner's | ||||||
2 | Identification Card; however, this paragraph (3) does not | ||||||
3 | limit the familial gift exemption under paragraph (2) of | ||||||
4 | subsection (a-15) of Section 3 of the Firearm Owners | ||||||
5 | Identification Card Act; | ||||||
6 | (4) transfers by persons or entities acting under | ||||||
7 | operation
of law or a court order; | ||||||
8 | (5) transfers by persons or entities liquidating all or
| ||||||
9 | part of a collection. For purposes of this paragraph (5),
| ||||||
10 | "collection" means 2 or more firearms which are of special
| ||||||
11 | interest to collectors by reason of some quality other than | ||||||
12 | is
associated with firearms intended for sporting use or as
| ||||||
13 | offensive or defensive weapons; | ||||||
14 | (6) transfers of firearms that have been rendered
| ||||||
15 | permanently inoperable to a nonprofit historical society,
| ||||||
16 | museum, or institutional collection; | ||||||
17 | (7) transfers by a law enforcement or corrections | ||||||
18 | agency or
a law enforcement or corrections officer acting | ||||||
19 | within the
course and scope of his or her official duties; | ||||||
20 | (8) transfers to a State or local law enforcement | ||||||
21 | agency by a person who has his or her Firearm
Owner's | ||||||
22 | Identification Card revoked; | ||||||
23 | (9) transfers of curios and relics, as defined under
| ||||||
24 | federal law, between collectors licensed under subsection | ||||||
25 | (b)
of Section 923 of the federal Gun Control Act of 1968; | ||||||
26 | (10) transfers by a person or entity licensed as an |
| |||||||
| |||||||
1 | auctioneer under the Auction License Act; or | ||||||
2 | (10.5) transfers of firearms to a resident registered | ||||||
3 | competitor or attendee or non-resident registered | ||||||
4 | competitor or attendee by a licensed federal firearms | ||||||
5 | dealer under Section 923 of the federal Gun Control Act of | ||||||
6 | 1968 at a competitive shooting event held at the World | ||||||
7 | Shooting and Recreational Complex that is sanctioned by a | ||||||
8 | national governing body; or | ||||||
9 | (11) transfers between a pawnshop and a customer which | ||||||
10 | amount to a bailment. For purposes of this paragraph (11), | ||||||
11 | "bailment" means the act of placing property in the custody | ||||||
12 | and control of another, by agreement in which the holder is | ||||||
13 | responsible for the safekeeping and return of the property.
| ||||||
14 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
15 | Section 20. The Wildlife Code is amended by adding Section | ||||||
16 | 3.4b as follows:
| ||||||
17 | (520 ILCS 5/3.4b new) | ||||||
18 | Sec. 3.4b. Concealed firearm exemption. A current or | ||||||
19 | retired law enforcement officer authorized by law to possess a | ||||||
20 | concealed firearm shall be exempt from the provisions of this | ||||||
21 | Code prohibiting possession of those firearms. However, | ||||||
22 | nothing in this Section authorizes the use of those firearms | ||||||
23 | except as authorized by law.
|
| |||||||
| |||||||
1 | Section 25. The Criminal Code of 2012 is amended by | ||||||
2 | changing Sections 14-3 and 24-2 as follows:
| ||||||
3 | (720 ILCS 5/14-3) | ||||||
4 | Sec. 14-3. Exemptions. The following activities shall be
| ||||||
5 | exempt from the provisions of this Article: | ||||||
6 | (a) Listening to radio, wireless electronic | ||||||
7 | communications, and television communications of
any sort | ||||||
8 | where the same are publicly made; | ||||||
9 | (b) Hearing conversation when heard by employees of any | ||||||
10 | common
carrier by wire incidental to the normal course of their | ||||||
11 | employment in
the operation, maintenance or repair of the | ||||||
12 | equipment of such common
carrier by wire so long as no | ||||||
13 | information obtained thereby is used or
divulged by the hearer; | ||||||
14 | (c) Any broadcast by radio, television or otherwise whether | ||||||
15 | it be a
broadcast or recorded for the purpose of later | ||||||
16 | broadcasts of any
function where the public is in attendance | ||||||
17 | and the conversations are
overheard incidental to the main | ||||||
18 | purpose for which such broadcasts are
then being made; | ||||||
19 | (d) Recording or listening with the aid of any device to | ||||||
20 | any
emergency communication made in the normal course of | ||||||
21 | operations by any
federal, state or local law enforcement | ||||||
22 | agency or institutions dealing
in emergency services, | ||||||
23 | including, but not limited to, hospitals,
clinics, ambulance | ||||||
24 | services, fire fighting agencies, any public utility,
| ||||||
25 | emergency repair facility, civilian defense establishment or |
| |||||||
| |||||||
1 | military
installation; | ||||||
2 | (e) Recording the proceedings of any meeting required to be | ||||||
3 | open by
the Open Meetings Act, as amended; | ||||||
4 | (f) Recording or listening with the aid of any device to | ||||||
5 | incoming
telephone calls of phone lines publicly listed or | ||||||
6 | advertised as consumer
"hotlines" by manufacturers or | ||||||
7 | retailers of food and drug products. Such
recordings must be | ||||||
8 | destroyed, erased or turned over to local law
enforcement | ||||||
9 | authorities within 24 hours from the time of such recording and
| ||||||
10 | shall not be otherwise disseminated. Failure on the part of the | ||||||
11 | individual
or business operating any such recording or | ||||||
12 | listening device to comply with
the requirements of this | ||||||
13 | subsection shall eliminate any civil or criminal
immunity | ||||||
14 | conferred upon that individual or business by the operation of
| ||||||
15 | this Section; | ||||||
16 | (g) With prior notification to the State's Attorney of the
| ||||||
17 | county in which
it is to occur, recording or listening with the | ||||||
18 | aid of any device to any
conversation
where a law enforcement | ||||||
19 | officer, or any person acting at the direction of law
| ||||||
20 | enforcement, is a party to the conversation and has consented | ||||||
21 | to it being
intercepted or recorded under circumstances where | ||||||
22 | the use of the device is
necessary for the protection of the | ||||||
23 | law enforcement officer or any person
acting at the direction | ||||||
24 | of law enforcement, in the course of an
investigation
of a | ||||||
25 | forcible felony, a felony offense of involuntary servitude, | ||||||
26 | involuntary sexual servitude of a minor, or trafficking in |
| |||||||
| |||||||
1 | persons under Section 10-9 of this Code, an offense involving | ||||||
2 | prostitution, solicitation of a sexual act, or pandering, a | ||||||
3 | felony violation of the Illinois Controlled Substances
Act, a | ||||||
4 | felony violation of the Cannabis Control Act, a felony | ||||||
5 | violation of the Methamphetamine Control and Community | ||||||
6 | Protection Act, any "streetgang
related" or "gang-related" | ||||||
7 | felony as those terms are defined in the Illinois
Streetgang | ||||||
8 | Terrorism Omnibus Prevention Act, or any felony offense | ||||||
9 | involving any weapon listed in paragraphs (1) through (11) of | ||||||
10 | subsection (a) of Section 24-1 of this Code.
Any recording or | ||||||
11 | evidence derived
as the
result of this exemption shall be | ||||||
12 | inadmissible in any proceeding, criminal,
civil or
| ||||||
13 | administrative, except (i) where a party to the conversation | ||||||
14 | suffers great
bodily injury or is killed during such | ||||||
15 | conversation, or
(ii)
when used as direct impeachment of a | ||||||
16 | witness concerning matters contained in
the interception or | ||||||
17 | recording. The Director of the
Department of
State Police shall | ||||||
18 | issue regulations as are necessary concerning the use of
| ||||||
19 | devices, retention of tape recordings, and reports regarding | ||||||
20 | their
use; | ||||||
21 | (g-5) (Blank); | ||||||
22 | (g-6) With approval of the State's Attorney of the county | ||||||
23 | in which it is to occur, recording or listening with the aid of | ||||||
24 | any device to any conversation where a law enforcement officer, | ||||||
25 | or any person acting at the direction of law enforcement, is a | ||||||
26 | party to the conversation and has consented to it being |
| |||||||
| |||||||
1 | intercepted or recorded in the course of an investigation of | ||||||
2 | child pornography, aggravated child pornography, indecent | ||||||
3 | solicitation of a child, luring of a minor, sexual exploitation | ||||||
4 | of a child, aggravated criminal sexual abuse in which the | ||||||
5 | victim of the offense was at the time of the commission of the | ||||||
6 | offense under 18 years of age, or criminal sexual abuse by | ||||||
7 | force or threat of force in which the victim of the offense was | ||||||
8 | at the time of the commission of the offense under 18 years of | ||||||
9 | age. In all such cases, an application for an order approving | ||||||
10 | the previous or continuing use of an eavesdropping device must | ||||||
11 | be made within 48 hours of the commencement of such use. In the | ||||||
12 | absence of such an order, or upon its denial, any continuing | ||||||
13 | use shall immediately terminate. The Director of State Police | ||||||
14 | shall issue rules as are necessary concerning the use of | ||||||
15 | devices, retention of recordings, and reports regarding their | ||||||
16 | use.
Any recording or evidence obtained or derived in the | ||||||
17 | course of an investigation of child pornography, aggravated | ||||||
18 | child pornography, indecent solicitation of a child, luring of | ||||||
19 | a minor, sexual exploitation of a child, aggravated criminal | ||||||
20 | sexual abuse in which the victim of the offense was at the time | ||||||
21 | of the commission of the offense under 18 years of age, or | ||||||
22 | criminal sexual abuse by force or threat of force in which the | ||||||
23 | victim of the offense was at the time of the commission of the | ||||||
24 | offense under 18 years of age shall, upon motion of the State's | ||||||
25 | Attorney or Attorney General prosecuting any case involving | ||||||
26 | child pornography, aggravated child pornography, indecent |
| |||||||
| |||||||
1 | solicitation of a child, luring of a minor, sexual exploitation | ||||||
2 | of a child, aggravated criminal sexual abuse in which the | ||||||
3 | victim of the offense was at the time of the commission of the | ||||||
4 | offense under 18 years of age, or criminal sexual abuse by | ||||||
5 | force or threat of force in which the victim of the offense was | ||||||
6 | at the time of the commission of the offense under 18 years of | ||||||
7 | age be reviewed in camera with notice to all parties present by | ||||||
8 | the court presiding over the criminal case, and, if ruled by | ||||||
9 | the court to be relevant and otherwise admissible, it shall be | ||||||
10 | admissible at the trial of the criminal case. Absent such a | ||||||
11 | ruling, any such recording or evidence shall not be admissible | ||||||
12 | at the trial of the criminal case; | ||||||
13 | (h) Recordings made simultaneously with the use of an | ||||||
14 | in-car video camera recording of an oral
conversation between a | ||||||
15 | uniformed peace officer, who has identified his or her office, | ||||||
16 | and
a person in the presence of the peace officer whenever (i) | ||||||
17 | an officer assigned a patrol vehicle is conducting an | ||||||
18 | enforcement stop; or (ii) patrol vehicle emergency lights are | ||||||
19 | activated or would otherwise be activated if not for the need | ||||||
20 | to conceal the presence of law enforcement. | ||||||
21 | For the purposes of this subsection (h), "enforcement stop" | ||||||
22 | means an action by a law enforcement officer in relation to | ||||||
23 | enforcement and investigation duties, including but not | ||||||
24 | limited to, traffic stops, pedestrian stops, abandoned vehicle | ||||||
25 | contacts, motorist assists, commercial motor vehicle stops, | ||||||
26 | roadside safety checks, requests for identification, or |
| |||||||
| |||||||
1 | responses to requests for emergency assistance; | ||||||
2 | (h-5) Recordings of utterances made by a person while in | ||||||
3 | the presence of a uniformed peace officer and while an occupant | ||||||
4 | of a police vehicle including, but not limited to, (i) | ||||||
5 | recordings made simultaneously with the use of an in-car video | ||||||
6 | camera and (ii) recordings made in the presence of the peace | ||||||
7 | officer utilizing video or audio systems, or both, authorized | ||||||
8 | by the law enforcement agency; | ||||||
9 | (h-10) Recordings made simultaneously with a video camera | ||||||
10 | recording during
the use of a taser or similar weapon or device | ||||||
11 | by a peace officer if the weapon or device is equipped with | ||||||
12 | such camera; | ||||||
13 | (h-15) Recordings made under subsection (h), (h-5), or | ||||||
14 | (h-10) shall be retained by the law enforcement agency that | ||||||
15 | employs the peace officer who made the recordings for a storage | ||||||
16 | period of 90 days, unless the recordings are made as a part of | ||||||
17 | an arrest or the recordings are deemed evidence in any | ||||||
18 | criminal, civil, or administrative proceeding and then the | ||||||
19 | recordings must only be destroyed upon a final disposition and | ||||||
20 | an order from the court. Under no circumstances shall any | ||||||
21 | recording be altered or erased prior to the expiration of the | ||||||
22 | designated storage period. Upon completion of the storage | ||||||
23 | period, the recording medium may be erased and reissued for | ||||||
24 | operational use; | ||||||
25 | (i) Recording of a conversation made by or at the request | ||||||
26 | of a person, not a
law enforcement officer or agent of a law |
| |||||||
| |||||||
1 | enforcement officer, who is a party
to the conversation, under | ||||||
2 | reasonable suspicion that another party to the
conversation is | ||||||
3 | committing, is about to commit, or has committed a criminal
| ||||||
4 | offense against the person or a member of his or her immediate | ||||||
5 | household, and
there is reason to believe that evidence of the | ||||||
6 | criminal offense may be
obtained by the recording; | ||||||
7 | (j) The use of a telephone monitoring device by either (1) | ||||||
8 | a
corporation or other business entity engaged in marketing or | ||||||
9 | opinion research
or (2) a corporation or other business entity | ||||||
10 | engaged in telephone
solicitation, as
defined in this | ||||||
11 | subsection, to record or listen to oral telephone solicitation
| ||||||
12 | conversations or marketing or opinion research conversations | ||||||
13 | by an employee of
the corporation or other business entity | ||||||
14 | when: | ||||||
15 | (i) the monitoring is used for the purpose of service | ||||||
16 | quality control of
marketing or opinion research or | ||||||
17 | telephone solicitation, the education or
training of | ||||||
18 | employees or contractors
engaged in marketing or opinion | ||||||
19 | research or telephone solicitation, or internal
research | ||||||
20 | related to marketing or
opinion research or telephone
| ||||||
21 | solicitation; and | ||||||
22 | (ii) the monitoring is used with the consent of at | ||||||
23 | least one person who
is an active party to the marketing or | ||||||
24 | opinion research conversation or
telephone solicitation | ||||||
25 | conversation being
monitored. | ||||||
26 | No communication or conversation or any part, portion, or |
| |||||||
| |||||||
1 | aspect of the
communication or conversation made, acquired, or | ||||||
2 | obtained, directly or
indirectly,
under this exemption (j), may | ||||||
3 | be, directly or indirectly, furnished to any law
enforcement | ||||||
4 | officer, agency, or official for any purpose or used in any | ||||||
5 | inquiry
or investigation, or used, directly or indirectly, in | ||||||
6 | any administrative,
judicial, or other proceeding, or divulged | ||||||
7 | to any third party. | ||||||
8 | When recording or listening authorized by this subsection | ||||||
9 | (j) on telephone
lines used for marketing or opinion research | ||||||
10 | or telephone solicitation purposes
results in recording or
| ||||||
11 | listening to a conversation that does not relate to marketing | ||||||
12 | or opinion
research or telephone solicitation; the
person | ||||||
13 | recording or listening shall, immediately upon determining | ||||||
14 | that the
conversation does not relate to marketing or opinion | ||||||
15 | research or telephone
solicitation, terminate the recording
or | ||||||
16 | listening and destroy any such recording as soon as is | ||||||
17 | practicable. | ||||||
18 | Business entities that use a telephone monitoring or | ||||||
19 | telephone recording
system pursuant to this exemption (j) shall | ||||||
20 | provide current and prospective
employees with notice that the | ||||||
21 | monitoring or recordings may occur during the
course of their | ||||||
22 | employment. The notice shall include prominent signage
| ||||||
23 | notification within the workplace. | ||||||
24 | Business entities that use a telephone monitoring or | ||||||
25 | telephone recording
system pursuant to this exemption (j) shall | ||||||
26 | provide their employees or agents
with access to personal-only |
| |||||||
| |||||||
1 | telephone lines which may be pay telephones, that
are not | ||||||
2 | subject to telephone monitoring or telephone recording. | ||||||
3 | For the purposes of this subsection (j), "telephone | ||||||
4 | solicitation" means a
communication through the use of a | ||||||
5 | telephone by live operators: | ||||||
6 | (i) soliciting the sale of goods or services; | ||||||
7 | (ii) receiving orders for the sale of goods or | ||||||
8 | services; | ||||||
9 | (iii) assisting in the use of goods or services; or | ||||||
10 | (iv) engaging in the solicitation, administration, or | ||||||
11 | collection of bank
or
retail credit accounts. | ||||||
12 | For the purposes of this subsection (j), "marketing or | ||||||
13 | opinion research"
means
a marketing or opinion research | ||||||
14 | interview conducted by a live telephone
interviewer engaged by | ||||||
15 | a corporation or other business entity whose principal
business | ||||||
16 | is the design, conduct, and analysis of polls and surveys | ||||||
17 | measuring
the
opinions, attitudes, and responses of | ||||||
18 | respondents toward products and services,
or social or | ||||||
19 | political issues, or both; | ||||||
20 | (k) Electronic recordings, including but not limited to, a | ||||||
21 | motion picture,
videotape, digital, or other visual or audio | ||||||
22 | recording, made of a custodial
interrogation of an individual | ||||||
23 | at a police station or other place of detention
by a law | ||||||
24 | enforcement officer under Section 5-401.5 of the Juvenile Court | ||||||
25 | Act of
1987 or Section 103-2.1 of the Code of Criminal | ||||||
26 | Procedure of 1963; |
| |||||||
| |||||||
1 | (l) Recording the interview or statement of any person when | ||||||
2 | the person
knows that the interview is being conducted by a law | ||||||
3 | enforcement officer or
prosecutor and the interview takes place | ||||||
4 | at a police station that is currently
participating in the | ||||||
5 | Custodial Interview Pilot Program established under the
| ||||||
6 | Illinois Criminal Justice Information Act; | ||||||
7 | (m) An electronic recording, including but not limited to, | ||||||
8 | a motion picture,
videotape, digital, or other visual or audio | ||||||
9 | recording, made of the interior of a school bus while the | ||||||
10 | school bus is being used in the transportation of students to | ||||||
11 | and from school and school-sponsored activities, when the | ||||||
12 | school board has adopted a policy authorizing such recording, | ||||||
13 | notice of such recording policy is included in student | ||||||
14 | handbooks and other documents including the policies of the | ||||||
15 | school, notice of the policy regarding recording is provided to | ||||||
16 | parents of students, and notice of such recording is clearly | ||||||
17 | posted on the door of and inside the school bus.
| ||||||
18 | Recordings made pursuant to this subsection (m) shall be | ||||||
19 | confidential records and may only be used by school officials | ||||||
20 | (or their designees) and law enforcement personnel for | ||||||
21 | investigations, school disciplinary actions and hearings, | ||||||
22 | proceedings under the Juvenile Court Act of 1987, and criminal | ||||||
23 | prosecutions, related to incidents occurring in or around the | ||||||
24 | school bus; | ||||||
25 | (n)
Recording or listening to an audio transmission from a | ||||||
26 | microphone placed by a person under the authority of a law |
| |||||||
| |||||||
1 | enforcement agency inside a bait car surveillance vehicle while | ||||||
2 | simultaneously capturing a photographic or video image; | ||||||
3 | (o) The use of an eavesdropping camera or audio device | ||||||
4 | during an ongoing hostage or barricade situation by a law | ||||||
5 | enforcement officer or individual acting on behalf of a law | ||||||
6 | enforcement officer when the use of such device is necessary to | ||||||
7 | protect the safety of the general public, hostages, or law | ||||||
8 | enforcement officers or anyone acting on their behalf; | ||||||
9 | (p) Recording or listening with the aid of any device to | ||||||
10 | incoming telephone calls of phone lines publicly listed or | ||||||
11 | advertised as the "CPS Violence Prevention Hotline", but only | ||||||
12 | where the notice of recording is given at the beginning of each | ||||||
13 | call as required by Section 34-21.8 of the School Code. The | ||||||
14 | recordings may be retained only by the Chicago Police | ||||||
15 | Department or other law enforcement authorities, and shall not | ||||||
16 | be otherwise retained or disseminated; | ||||||
17 | (q)(1) With prior request to and written or verbal approval | ||||||
18 | of the State's Attorney of the county in which the conversation | ||||||
19 | is anticipated to occur, recording or listening with the aid of | ||||||
20 | an eavesdropping device to a conversation in which a law | ||||||
21 | enforcement officer, or any person acting at the direction of a | ||||||
22 | law enforcement officer, is a party to the conversation and has | ||||||
23 | consented to the conversation being intercepted or recorded in | ||||||
24 | the course of an investigation of a qualified offense. The | ||||||
25 | State's Attorney may grant this approval only after determining | ||||||
26 | that reasonable cause exists to believe that inculpatory |
| |||||||
| |||||||
1 | conversations concerning a qualified offense will occur with a | ||||||
2 | specified individual or individuals within a designated period | ||||||
3 | of time. | ||||||
4 | (2) Request for approval. To invoke the exception contained | ||||||
5 | in this subsection (q), a law enforcement officer shall make a | ||||||
6 | request for approval to the appropriate State's Attorney. The | ||||||
7 | request may be written or verbal; however, a written | ||||||
8 | memorialization of the request must be made by the State's | ||||||
9 | Attorney. This request for approval shall include whatever | ||||||
10 | information is deemed necessary by the State's Attorney but | ||||||
11 | shall include, at a minimum, the following information about | ||||||
12 | each specified individual whom the law enforcement officer | ||||||
13 | believes will commit a qualified offense: | ||||||
14 | (A) his or her full or partial name, nickname or alias; | ||||||
15 | (B) a physical description; or | ||||||
16 | (C) failing either (A) or (B) of this paragraph (2), | ||||||
17 | any other supporting information known to the law | ||||||
18 | enforcement officer at the time of the request that gives | ||||||
19 | rise to reasonable cause to believe that the specified | ||||||
20 | individual will participate in an inculpatory conversation | ||||||
21 | concerning a qualified offense. | ||||||
22 | (3) Limitations on approval. Each written approval by the | ||||||
23 | State's Attorney under this subsection (q) shall be limited to: | ||||||
24 | (A) a recording or interception conducted by a | ||||||
25 | specified law enforcement officer or person acting at the | ||||||
26 | direction of a law enforcement officer; |
| |||||||
| |||||||
1 | (B) recording or intercepting conversations with the | ||||||
2 | individuals specified in the request for approval, | ||||||
3 | provided that the verbal approval shall be deemed to | ||||||
4 | include the recording or intercepting of conversations | ||||||
5 | with other individuals, unknown to the law enforcement | ||||||
6 | officer at the time of the request for approval, who are | ||||||
7 | acting in conjunction with or as co-conspirators with the | ||||||
8 | individuals specified in the request for approval in the | ||||||
9 | commission of a qualified offense; | ||||||
10 | (C) a reasonable period of time but in no event longer | ||||||
11 | than 24 consecutive hours; | ||||||
12 | (D) the written request for approval, if applicable, or | ||||||
13 | the written memorialization must be filed, along with the | ||||||
14 | written approval, with the circuit clerk of the | ||||||
15 | jurisdiction on the next business day following the | ||||||
16 | expiration of the authorized period of time, and shall be | ||||||
17 | subject to review by the Chief Judge or his or her designee | ||||||
18 | as deemed appropriate by the court. | ||||||
19 | (3.5) The written memorialization of the request for | ||||||
20 | approval and the written approval by the State's Attorney may | ||||||
21 | be in any format, including via facsimile, email, or otherwise, | ||||||
22 | so long as it is capable of being filed with the circuit clerk. | ||||||
23 | (3.10) Beginning March 1, 2015, each State's Attorney shall | ||||||
24 | annually submit a report to the General Assembly disclosing: | ||||||
25 | (A) the number of requests for each qualified offense | ||||||
26 | for approval under this subsection; and |
| |||||||
| |||||||
1 | (B) the number of approvals for each qualified offense | ||||||
2 | given by the State's Attorney. | ||||||
3 | (4) Admissibility of evidence. No part of the contents of | ||||||
4 | any wire, electronic, or oral communication that has been | ||||||
5 | recorded or intercepted as a result of this exception may be | ||||||
6 | received in evidence in any trial, hearing, or other proceeding | ||||||
7 | in or before any court, grand jury, department, officer, | ||||||
8 | agency, regulatory body, legislative committee, or other | ||||||
9 | authority of this State, or a political subdivision of the | ||||||
10 | State, other than in a prosecution of: | ||||||
11 | (A) the qualified offense for which approval was given | ||||||
12 | to record or intercept a conversation under this subsection | ||||||
13 | (q); | ||||||
14 | (B) a forcible felony committed directly in the course | ||||||
15 | of the investigation of the qualified offense for which | ||||||
16 | approval was given to record or intercept a conversation | ||||||
17 | under this subsection (q); or | ||||||
18 | (C) any other forcible felony committed while the | ||||||
19 | recording or interception was approved in accordance with | ||||||
20 | this subsection (q), but for this specific category of | ||||||
21 | prosecutions, only if the law enforcement officer or person | ||||||
22 | acting at the direction of a law enforcement officer who | ||||||
23 | has consented to the conversation being intercepted or | ||||||
24 | recorded suffers great bodily injury or is killed during | ||||||
25 | the commission of the charged forcible felony. | ||||||
26 | (5) Compliance with the provisions of this subsection is a |
| |||||||
| |||||||
1 | prerequisite to the admissibility in evidence of any part of | ||||||
2 | the contents of any wire, electronic or oral communication that | ||||||
3 | has been intercepted as a result of this exception, but nothing | ||||||
4 | in this subsection shall be deemed to prevent a court from | ||||||
5 | otherwise excluding the evidence on any other ground recognized | ||||||
6 | by State or federal law, nor shall anything in this subsection | ||||||
7 | be deemed to prevent a court from independently reviewing the | ||||||
8 | admissibility of the evidence for compliance with the Fourth | ||||||
9 | Amendment to the U.S. Constitution or with Article I, Section 6 | ||||||
10 | of the Illinois Constitution. | ||||||
11 | (6) Use of recordings or intercepts unrelated to qualified | ||||||
12 | offenses. Whenever any private conversation or private | ||||||
13 | electronic communication has been recorded or intercepted as a | ||||||
14 | result of this exception that is not related to an offense for | ||||||
15 | which the recording or intercept is admissible under paragraph | ||||||
16 | (4) of this subsection (q), no part of the contents of the | ||||||
17 | communication and evidence derived from the communication may | ||||||
18 | be received in evidence in any trial, hearing, or other | ||||||
19 | proceeding in or before any court, grand jury, department, | ||||||
20 | officer, agency, regulatory body, legislative committee, or | ||||||
21 | other authority of this State, or a political subdivision of | ||||||
22 | the State, nor may it be publicly disclosed in any way. | ||||||
23 | (6.5) The Department of State Police shall adopt rules as | ||||||
24 | are necessary concerning the use of devices, retention of | ||||||
25 | recordings, and reports regarding their use under this | ||||||
26 | subsection (q). |
| |||||||
| |||||||
1 | (7) Definitions. For the purposes of this subsection (q) | ||||||
2 | only: | ||||||
3 | "Forcible felony" includes and is limited to those | ||||||
4 | offenses contained in Section 2-8 of the Criminal Code of | ||||||
5 | 1961 as of the effective date of this amendatory Act of the | ||||||
6 | 97th General Assembly, and only as those offenses have been | ||||||
7 | defined by law or judicial interpretation as of that date. | ||||||
8 | "Qualified offense" means and is limited to: | ||||||
9 | (A) a felony violation of the Cannabis Control Act, | ||||||
10 | the Illinois Controlled Substances Act, or the | ||||||
11 | Methamphetamine Control and Community Protection Act, | ||||||
12 | except for violations of: | ||||||
13 | (i) Section 4 of the Cannabis Control Act; | ||||||
14 | (ii) Section 402 of the Illinois Controlled | ||||||
15 | Substances Act; and | ||||||
16 | (iii) Section 60 of the Methamphetamine | ||||||
17 | Control and Community Protection Act; and | ||||||
18 | (B) first degree murder, solicitation of murder | ||||||
19 | for hire, predatory criminal sexual assault of a child, | ||||||
20 | criminal sexual assault, aggravated criminal sexual | ||||||
21 | assault, aggravated arson, kidnapping, aggravated | ||||||
22 | kidnapping, child abduction, trafficking in persons, | ||||||
23 | involuntary servitude, involuntary sexual servitude of | ||||||
24 | a minor, or gunrunning. | ||||||
25 | "State's Attorney" includes and is limited to the | ||||||
26 | State's Attorney or an assistant State's Attorney |
| |||||||
| |||||||
1 | designated by the State's Attorney to provide verbal | ||||||
2 | approval to record or intercept conversations under this | ||||||
3 | subsection (q). | ||||||
4 | (8) Sunset. This subsection (q) is inoperative on and after | ||||||
5 | January 1, 2023 2020 . No conversations intercepted pursuant to | ||||||
6 | this subsection (q), while operative, shall be inadmissible in | ||||||
7 | a court of law by virtue of the inoperability of this | ||||||
8 | subsection (q) on January 1, 2023 2020 . | ||||||
9 | (9) Recordings, records, and custody. Any private | ||||||
10 | conversation or private electronic communication intercepted | ||||||
11 | by a law enforcement officer or a person acting at the | ||||||
12 | direction of law enforcement shall, if practicable, be recorded | ||||||
13 | in such a way as will protect the recording from editing or | ||||||
14 | other alteration. Any and all original recordings made under | ||||||
15 | this subsection (q) shall be inventoried without unnecessary | ||||||
16 | delay pursuant to the law enforcement agency's policies for | ||||||
17 | inventorying evidence. The original recordings shall not be | ||||||
18 | destroyed except upon an order of a court of competent | ||||||
19 | jurisdiction; and | ||||||
20 | (r) Electronic recordings, including but not limited to, | ||||||
21 | motion picture, videotape, digital, or other visual or audio | ||||||
22 | recording, made of a lineup under Section 107A-2 of the Code of | ||||||
23 | Criminal Procedure of 1963. | ||||||
24 | (Source: P.A. 100-572, eff. 12-29-17.)
| ||||||
25 | (720 ILCS 5/24-2)
|
| |||||||
| |||||||
1 | Sec. 24-2. Exemptions.
| ||||||
2 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
3 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
4 | the following:
| ||||||
5 | (1) Peace officers, and any person summoned by a peace | ||||||
6 | officer to
assist in making arrests or preserving the | ||||||
7 | peace, while actually engaged in
assisting such officer.
| ||||||
8 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
9 | penitentiaries, jails and other institutions for the | ||||||
10 | detention of persons
accused or convicted of an offense, | ||||||
11 | while in the performance of their
official duty, or while | ||||||
12 | commuting between their homes and places of employment.
| ||||||
13 | (3) Members of the Armed Services or Reserve Forces of | ||||||
14 | the United States
or the Illinois National Guard or the | ||||||
15 | Reserve Officers Training Corps,
while in the performance | ||||||
16 | of their official duty.
| ||||||
17 | (4) Special agents employed by a railroad or a public | ||||||
18 | utility to
perform police functions, and guards of armored | ||||||
19 | car companies, while
actually engaged in the performance of | ||||||
20 | the duties of their employment or
commuting between their | ||||||
21 | homes and places of employment; and watchmen
while actually | ||||||
22 | engaged in the performance of the duties of their | ||||||
23 | employment.
| ||||||
24 | (5) Persons licensed as private security contractors, | ||||||
25 | private
detectives, or private alarm contractors, or | ||||||
26 | employed by a private security contractor, private |
| |||||||
| |||||||
1 | detective, or private alarm contractor agency licensed
by | ||||||
2 | the Department of Financial and Professional Regulation, | ||||||
3 | if their duties
include the carrying of a weapon under the | ||||||
4 | provisions of the Private
Detective, Private Alarm,
| ||||||
5 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
6 | 2004,
while actually
engaged in the performance of the | ||||||
7 | duties of their employment or commuting
between their homes | ||||||
8 | and places of employment. A person shall be considered | ||||||
9 | eligible for this
exemption if he or she has completed the | ||||||
10 | required 20
hours of training for a private security | ||||||
11 | contractor, private
detective, or private alarm | ||||||
12 | contractor, or employee of a licensed private security | ||||||
13 | contractor, private detective, or private alarm contractor | ||||||
14 | agency and 20 hours of required firearm
training, and has | ||||||
15 | been issued a firearm control card by
the Department of | ||||||
16 | Financial and Professional Regulation. Conditions for the | ||||||
17 | renewal of
firearm control cards issued under the | ||||||
18 | provisions of this Section
shall be the same as for those | ||||||
19 | cards issued under the provisions of the
Private Detective, | ||||||
20 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
21 | Locksmith Act of 2004. The
firearm control card shall be | ||||||
22 | carried by the private security contractor, private
| ||||||
23 | detective, or private alarm contractor, or employee of the | ||||||
24 | licensed private security contractor, private detective, | ||||||
25 | or private alarm contractor agency at all
times when he or | ||||||
26 | she is in possession of a concealable weapon permitted by |
| |||||||
| |||||||
1 | his or her firearm control card.
| ||||||
2 | (6) Any person regularly employed in a commercial or | ||||||
3 | industrial
operation as a security guard for the protection | ||||||
4 | of persons employed
and private property related to such | ||||||
5 | commercial or industrial
operation, while actually engaged | ||||||
6 | in the performance of his or her
duty or traveling between | ||||||
7 | sites or properties belonging to the
employer, and who, as | ||||||
8 | a security guard, is a member of a security force | ||||||
9 | registered with the Department of Financial and | ||||||
10 | Professional
Regulation; provided that such security guard | ||||||
11 | has successfully completed a
course of study, approved by | ||||||
12 | and supervised by the Department of
Financial and | ||||||
13 | Professional Regulation, consisting of not less than 40 | ||||||
14 | hours of training
that includes the theory of law | ||||||
15 | enforcement, liability for acts, and the
handling of | ||||||
16 | weapons. A person shall be considered eligible for this
| ||||||
17 | exemption if he or she has completed the required 20
hours | ||||||
18 | of training for a security officer and 20 hours of required | ||||||
19 | firearm
training, and has been issued a firearm control | ||||||
20 | card by
the Department of Financial and Professional | ||||||
21 | Regulation. Conditions for the renewal of
firearm control | ||||||
22 | cards issued under the provisions of this Section
shall be | ||||||
23 | the same as for those cards issued under the provisions of | ||||||
24 | the
Private Detective, Private Alarm,
Private Security, | ||||||
25 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
26 | control card shall be carried by the security guard at all
|
| |||||||
| |||||||
1 | times when he or she is in possession of a concealable | ||||||
2 | weapon permitted by his or her firearm control card.
| ||||||
3 | (7) Agents and investigators of the Illinois | ||||||
4 | Legislative Investigating
Commission authorized by the | ||||||
5 | Commission to carry the weapons specified in
subsections | ||||||
6 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
7 | any investigation for the Commission.
| ||||||
8 | (8) Persons employed by a financial institution as a | ||||||
9 | security guard for the protection of
other employees and | ||||||
10 | property related to such financial institution, while
| ||||||
11 | actually engaged in the performance of their duties, | ||||||
12 | commuting between
their homes and places of employment, or | ||||||
13 | traveling between sites or
properties owned or operated by | ||||||
14 | such financial institution, and who, as a security guard, | ||||||
15 | is a member of a security force registered with the | ||||||
16 | Department; provided that
any person so employed has | ||||||
17 | successfully completed a course of study,
approved by and | ||||||
18 | supervised by the Department of Financial and Professional | ||||||
19 | Regulation,
consisting of not less than 40 hours of | ||||||
20 | training which includes theory of
law enforcement, | ||||||
21 | liability for acts, and the handling of weapons.
A person | ||||||
22 | shall be considered to be eligible for this exemption if he | ||||||
23 | or
she has completed the required 20 hours of training for | ||||||
24 | a security officer
and 20 hours of required firearm | ||||||
25 | training, and has been issued a
firearm control card by the | ||||||
26 | Department of Financial and Professional Regulation.
|
| |||||||
| |||||||
1 | Conditions for renewal of firearm control cards issued | ||||||
2 | under the
provisions of this Section shall be the same as | ||||||
3 | for those issued under the
provisions of the Private | ||||||
4 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
5 | Vendor, and Locksmith Act of 2004. The
firearm control card | ||||||
6 | shall be carried by the security guard at all times when he | ||||||
7 | or she is in possession of a concealable
weapon permitted | ||||||
8 | by his or her firearm control card. For purposes of this | ||||||
9 | subsection, "financial institution" means a
bank, savings | ||||||
10 | and loan association, credit union or company providing
| ||||||
11 | armored car services.
| ||||||
12 | (9) Any person employed by an armored car company to | ||||||
13 | drive an armored
car, while actually engaged in the | ||||||
14 | performance of his duties.
| ||||||
15 | (10) Persons who have been classified as peace officers | ||||||
16 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
17 | (11) Investigators of the Office of the State's | ||||||
18 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
19 | governors of the Office of the
State's Attorneys Appellate | ||||||
20 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
21 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
22 | (12) Special investigators appointed by a State's | ||||||
23 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
24 | (12.5) Probation officers while in the performance of | ||||||
25 | their duties, or
while commuting between their homes, | ||||||
26 | places of employment or specific locations
that are part of |
| |||||||
| |||||||
1 | their assigned duties, with the consent of the chief judge | ||||||
2 | of
the circuit for which they are employed, if they have | ||||||
3 | received weapons training according
to requirements of the | ||||||
4 | Peace Officer and Probation Officer Firearm Training Act.
| ||||||
5 | (13) Court Security Officers while in the performance | ||||||
6 | of their official
duties, or while commuting between their | ||||||
7 | homes and places of employment, with
the
consent of the | ||||||
8 | Sheriff.
| ||||||
9 | (13.5) A person employed as an armed security guard at | ||||||
10 | a nuclear energy,
storage, weapons or development site or | ||||||
11 | facility regulated by the Nuclear
Regulatory Commission | ||||||
12 | who has completed the background screening and training
| ||||||
13 | mandated by the rules and regulations of the Nuclear | ||||||
14 | Regulatory Commission.
| ||||||
15 | (14) Manufacture, transportation, or sale of weapons | ||||||
16 | to
persons
authorized under subdivisions (1) through | ||||||
17 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
18 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
19 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
20 | or handgun and the person has been issued a currently valid | ||||||
21 | license under the Firearm Concealed Carry Act at the time of | ||||||
22 | the commission of the offense. | ||||||
23 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
24 | to
or affect a qualified current or retired law enforcement | ||||||
25 | officer qualified under the laws of this State or under the | ||||||
26 | federal Law Enforcement Officers Safety Act. |
| |||||||
| |||||||
1 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
2 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
3 | (1) Members of any club or organization organized for | ||||||
4 | the purpose of
practicing shooting at targets upon | ||||||
5 | established target ranges, whether
public or private, and | ||||||
6 | patrons of such ranges, while such members
or patrons are | ||||||
7 | using their firearms on those target ranges.
| ||||||
8 | (2) Duly authorized military or civil organizations | ||||||
9 | while parading,
with the special permission of the | ||||||
10 | Governor.
| ||||||
11 | (3) Hunters, trappers or fishermen with a license or
| ||||||
12 | permit while engaged in hunting,
trapping or fishing.
| ||||||
13 | (4) Transportation of weapons that are broken down in a
| ||||||
14 | non-functioning state or are not immediately accessible.
| ||||||
15 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
16 | gun or taser or other firearm on the land or in the legal | ||||||
17 | dwelling of another person as an invitee with that person's | ||||||
18 | permission. | ||||||
19 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
20 | of the
following:
| ||||||
21 | (1) Peace officers while in performance of their | ||||||
22 | official duties.
| ||||||
23 | (2) Wardens, superintendents and keepers of prisons, | ||||||
24 | penitentiaries,
jails and other institutions for the | ||||||
25 | detention of persons accused or
convicted of an offense.
| ||||||
26 | (3) Members of the Armed Services or Reserve Forces of |
| |||||||
| |||||||
1 | the United States
or the Illinois National Guard, while in | ||||||
2 | the performance of their official
duty.
| ||||||
3 | (4) Manufacture, transportation, or sale of machine | ||||||
4 | guns to persons
authorized under subdivisions (1) through | ||||||
5 | (3) of this subsection to
possess machine guns, if the | ||||||
6 | machine guns are broken down in a
non-functioning state or | ||||||
7 | are not immediately accessible.
| ||||||
8 | (5) Persons licensed under federal law to manufacture | ||||||
9 | any weapon from
which 8 or more shots or bullets can be | ||||||
10 | discharged by a
single function of the firing device, or | ||||||
11 | ammunition for such weapons, and
actually engaged in the | ||||||
12 | business of manufacturing such weapons or
ammunition, but | ||||||
13 | only with respect to activities which are within the lawful
| ||||||
14 | scope of such business, such as the manufacture, | ||||||
15 | transportation, or testing
of such weapons or ammunition. | ||||||
16 | This exemption does not authorize the
general private | ||||||
17 | possession of any weapon from which 8 or more
shots or | ||||||
18 | bullets can be discharged by a single function of the | ||||||
19 | firing
device, but only such possession and activities as | ||||||
20 | are within the lawful
scope of a licensed manufacturing | ||||||
21 | business described in this paragraph.
| ||||||
22 | During transportation, such weapons shall be broken | ||||||
23 | down in a
non-functioning state or not immediately | ||||||
24 | accessible.
| ||||||
25 | (6) The manufacture, transport, testing, delivery, | ||||||
26 | transfer or sale,
and all lawful commercial or experimental |
| |||||||
| |||||||
1 | activities necessary thereto, of
rifles, shotguns, and | ||||||
2 | weapons made from rifles or shotguns,
or ammunition for | ||||||
3 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
4 | person operating as a contractor or subcontractor pursuant | ||||||
5 | to a
contract or subcontract for the development and supply | ||||||
6 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
7 | United States government or any
branch of the Armed Forces | ||||||
8 | of the United States, when such activities are
necessary | ||||||
9 | and incident to fulfilling the terms of such contract.
| ||||||
10 | The exemption granted under this subdivision (c)(6)
| ||||||
11 | shall also apply to any authorized agent of any such | ||||||
12 | contractor or
subcontractor who is operating within the | ||||||
13 | scope of his employment, where
such activities involving | ||||||
14 | such weapon, weapons or ammunition are necessary
and | ||||||
15 | incident to fulfilling the terms of such contract.
| ||||||
16 | (7) A person possessing a rifle with a barrel or | ||||||
17 | barrels less than 16 inches in length if: (A) the person | ||||||
18 | has been issued a Curios and Relics license from the U.S. | ||||||
19 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
20 | the person is an active member of a bona fide, nationally | ||||||
21 | recognized military re-enacting group and the modification | ||||||
22 | is required and necessary to accurately portray the weapon | ||||||
23 | for historical re-enactment purposes; the re-enactor is in | ||||||
24 | possession of a valid and current re-enacting group | ||||||
25 | membership credential; and the overall length of the weapon | ||||||
26 | as modified is not less than 26 inches. |
| |||||||
| |||||||
1 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
2 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
3 | officer.
| ||||||
4 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
5 | manager or
authorized employee of any place specified in that | ||||||
6 | subsection nor to any
law enforcement officer.
| ||||||
7 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
8 | Section 24-1.6
do not apply
to members of any club or | ||||||
9 | organization organized for the purpose of practicing
shooting | ||||||
10 | at targets upon established target ranges, whether public or | ||||||
11 | private,
while using their firearms on those target ranges.
| ||||||
12 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
13 | to:
| ||||||
14 | (1) Members of the Armed Services or Reserve Forces of | ||||||
15 | the United
States or the Illinois National Guard, while in | ||||||
16 | the performance of their
official duty.
| ||||||
17 | (2) Bonafide collectors of antique or surplus military | ||||||
18 | ordnance.
| ||||||
19 | (3) Laboratories having a department of forensic | ||||||
20 | ballistics, or
specializing in the development of | ||||||
21 | ammunition or explosive ordnance.
| ||||||
22 | (4) Commerce, preparation, assembly or possession of | ||||||
23 | explosive
bullets by manufacturers of ammunition licensed | ||||||
24 | by the federal government,
in connection with the supply of | ||||||
25 | those organizations and persons exempted
by subdivision | ||||||
26 | (g)(1) of this Section, or like organizations and persons
|
| |||||||
| |||||||
1 | outside this State, or the transportation of explosive | ||||||
2 | bullets to any
organization or person exempted in this | ||||||
3 | Section by a common carrier or by a
vehicle owned or leased | ||||||
4 | by an exempted manufacturer.
| ||||||
5 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
6 | persons licensed
under federal law to manufacture any device or | ||||||
7 | attachment of any kind designed,
used, or intended for use in | ||||||
8 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
9 | for those firearms equipped with those devices, and actually | ||||||
10 | engaged in the
business of manufacturing those devices, | ||||||
11 | firearms, or ammunition, but only with
respect to
activities | ||||||
12 | that are within the lawful scope of that business, such as the
| ||||||
13 | manufacture, transportation, or testing of those devices, | ||||||
14 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
15 | general private possession of any device or
attachment of any | ||||||
16 | kind designed, used, or intended for use in silencing the
| ||||||
17 | report of any firearm, but only such possession and activities | ||||||
18 | as are within
the
lawful scope of a licensed manufacturing | ||||||
19 | business described in this subsection
(g-5). During | ||||||
20 | transportation, these devices shall be detached from any weapon
| ||||||
21 | or
not immediately accessible.
| ||||||
22 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
23 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
24 | supervisor who meets the qualifications and conditions | ||||||
25 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
26 | Corrections. |
| |||||||
| |||||||
1 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
2 | officer while serving as a member of a tactical response team | ||||||
3 | or special operations team. A peace officer may not personally | ||||||
4 | own or apply for ownership of a device or attachment of any | ||||||
5 | kind designed, used, or intended for use in silencing the | ||||||
6 | report of any firearm. These devices shall be owned and | ||||||
7 | maintained by lawfully recognized units of government whose | ||||||
8 | duties include the investigation of criminal acts. | ||||||
9 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
10 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
11 | athlete's possession, transport on official Olympic and | ||||||
12 | Paralympic transit systems established for athletes, or use of | ||||||
13 | competition firearms sanctioned by the International Olympic | ||||||
14 | Committee, the International Paralympic Committee, the | ||||||
15 | International Shooting Sport Federation, or USA Shooting in | ||||||
16 | connection with such athlete's training for and participation | ||||||
17 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
18 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
19 | and Paralympic Games. | ||||||
20 | (h) An information or indictment based upon a violation of | ||||||
21 | any
subsection of this Article need not negative any exemptions | ||||||
22 | contained in
this Article. The defendant shall have the burden | ||||||
23 | of proving such an
exemption.
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24 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
25 | affect
the transportation, carrying, or possession, of any | ||||||
26 | pistol or revolver,
stun gun, taser, or other firearm consigned |
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1 | to a common carrier operating
under license of the State of | ||||||
2 | Illinois or the federal government, where
such transportation, | ||||||
3 | carrying, or possession is incident to the lawful
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4 | transportation in which such common carrier is engaged; and | ||||||
5 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
6 | transportation, carrying,
or possession of any pistol, | ||||||
7 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
8 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
9 | this Article, which is unloaded and enclosed in a case, firearm
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10 | carrying box, shipping box, or other container, by the | ||||||
11 | possessor of a valid
Firearm Owners Identification Card.
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12 | (Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
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