Bill Text: IL SB1639 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961, the Unified Code of Corrections, and the County Jail Act. Permits currently employed and retired State correctional officers and county correctional officers to carry their own firearms off duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1639 Detail]

Download: Illinois-2011-SB1639-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB1639 Introduced 2/9/2011, by Sen. Tim Bivins SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-2
730 ILCS 5/3-2-12 new
730 ILCS 125/27 new
Amends the Criminal Code of 1961, the Unified Code of Corrections, and the County Jail Act. Permits currently employed and retired State correctional officers and county correctional officers to carry their own firearms off duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements.
LRB097 06868 RLC 46961 b
FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning correctional officers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 24-2 as follows:
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense,
while in the performance of their official duty, or while
commuting between their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard or the
Reserve Officers Training Corps, while in the performance
of their official duty.
(4) Special agents employed by a railroad or a public

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utility to perform police functions, and guards of armored
car companies, while actually engaged in the performance of
the duties of their employment or commuting between their
homes and places of employment; and watchmen while actually
engaged in the performance of the duties of their
employment.
(5) Persons licensed as private security contractors,
private detectives, or private alarm contractors, or
employed by an agency certified by the Department of
Professional Regulation, if their duties include the
carrying of a weapon under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004, while actually engaged
in the performance of the duties of their employment or
commuting between their homes and places of employment,
provided that such commuting is accomplished within one
hour from departure from home or place of employment, as
the case may be. Persons exempted under this subdivision
(a)(5) shall be required to have completed a course of
study in firearms handling and training approved and
supervised by the Department of Professional Regulation as
prescribed by Section 28 of the Private Detective, Private
Alarm, Private Security, Fingerprint Vendor, and Locksmith
Act of 2004, prior to becoming eligible for this exemption.
The Department of Professional Regulation shall provide
suitable documentation demonstrating the successful

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completion of the prescribed firearms training. Such
documentation shall be carried at all times when such
persons are in possession of a concealable weapon.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the protection
of persons employed and private property related to such
commercial or industrial operation, while actually engaged
in the performance of his or her duty or traveling between
sites or properties belonging to the employer, and who, as
a security guard, is a member of a security force of at
least 5 persons registered with the Department of
Professional Regulation; provided that such security guard
has successfully completed a course of study, approved by
and supervised by the Department of Professional
Regulation, consisting of not less than 40 hours of
training that includes the theory of law enforcement,
liability for acts, and the handling of weapons. A person
shall be considered eligible for this exemption if he or
she has completed the required 20 hours of training for a
security officer and 20 hours of required firearm training,
and has been issued a firearm control card by the
Department of Professional Regulation. Conditions for the
renewal of firearm control cards issued under the
provisions of this Section shall be the same as for those
cards issued under the provisions of the Private Detective,
Private Alarm, Private Security, Fingerprint Vendor, and

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Locksmith Act of 2004. Such firearm control card shall be
carried by the security guard at all times when he or she
is in possession of a concealable weapon.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution for the
protection of other employees and property related to such
financial institution, while actually engaged in the
performance of their duties, commuting between their homes
and places of employment, or traveling between sites or
properties owned or operated by such financial
institution, provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Professional Regulation,
consisting of not less than 40 hours of training which
includes theory of law enforcement, liability for acts, and
the handling of weapons. A person shall be considered to be
eligible for this exemption if he or she has completed the
required 20 hours of training for a security officer and 20
hours of required firearm training, and has been issued a
firearm control card by the Department of Professional
Regulation. Conditions for renewal of firearm control
cards issued under the provisions of this Section shall be

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the same as for those issued under the provisions of the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
control card shall be carried by the person so trained at
all times when such person is in possession of a
concealable weapon. For purposes of this subsection,
"financial institution" means a bank, savings and loan
association, credit union or company providing armored car
services.
(9) Any person employed by an armored car company to
drive an armored car, while actually engaged in the
performance of his duties.
(10) Persons who have been classified as peace officers
pursuant to the Peace Officer Fire Investigation Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys Appellate
Prosecutor to carry weapons pursuant to Section 7.06 of the
State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(12.5) Probation officers while in the performance of
their duties, or while commuting between their homes,
places of employment or specific locations that are part of
their assigned duties, with the consent of the chief judge
of the circuit for which they are employed.

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(13) Court Security Officers while in the performance
of their official duties, or while commuting between their
homes and places of employment, with the consent of the
Sheriff.
(13.5) A person employed as an armed security guard at
a nuclear energy, storage, weapons or development site or
facility regulated by the Nuclear Regulatory Commission
who has completed the background screening and training
mandated by the rules and regulations of the Nuclear
Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons
to persons authorized under subdivisions (1) through
(13.5) of this subsection to possess those weapons.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for
the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers or fishermen with a license or
permit while engaged in hunting, trapping or fishing.
(4) Transportation of weapons that are broken down in a

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

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

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such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
During transportation, any such weapon shall be broken
down in a non-functioning state, or not immediately
accessible.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a peace
officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
(1) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(2) Bonafide collectors of antique or surplus military
ordinance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordinance.

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(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed
by the federal government, in connection with the supply of
those organizations and persons exempted by subdivision
(g)(1) of this Section, or like organizations and persons
outside this State, or the transportation of explosive
bullets to any organization or person exempted in this
Section by a common carrier or by a vehicle owned or leased
by an exempted manufacturer.
(g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, firearms, or ammunition
for those firearms equipped with those devices, and actually
engaged in the business of manufacturing those devices,
firearms, or ammunition, but only with respect to activities
that are within the lawful scope of that business, such as the
manufacture, transportation, or testing of those devices,
firearms, or ammunition. This exemption does not authorize the
general private possession of any device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm, but only such possession and activities
as are within the lawful scope of a licensed manufacturing
business described in this subsection (g-5). During
transportation, those devices shall be detached from any weapon
or not immediately accessible.

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(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
(g-7) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any currently employed or
retired State correctional officer who meets the
qualifications and conditions prescribed in Section 3-2-12 of
the Unified Code of Corrections.
(g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any currently employed or
retired county correctional officer who meets the
qualifications and conditions prescribed in Section 27 of the
County Jail Act.
(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
athlete's possession, transport on official Olympic and
Paralympic transit systems established for athletes, or use of
competition firearms sanctioned by the International Olympic
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting in
connection with such athlete's training for and participation
in shooting competitions at the 2016 Olympic and Paralympic
Games and sanctioned test events leading up to the 2016 Olympic
and Paralympic Games.

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(h) An information or indictment based upon a violation of
any subsection of this Article need not negative any exemptions
contained in this Article. The defendant shall have the burden
of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm consigned
to a common carrier operating under license of the State of
Illinois or the federal government, where such transportation,
carrying, or possession is incident to the lawful
transportation in which such common carrier is engaged; and
nothing in this Article shall prohibit, apply to, or affect the
transportation, carrying, or possession of any pistol,
revolver, stun gun, taser, or other firearm, not the subject of
and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
this Article, which is unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container, by the
possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
95-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10;
96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
Section 10. The Unified Code of Corrections is amended by
adding Section 3-2-12 as follows:
(730 ILCS 5/3-2-12 new)

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Sec. 3-2-12. State correctional officers; off-duty
firearms.
(a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 of the Criminal Code of 1961 do not apply to currently
employed or retired State correctional officers who meet the
following conditions:
(1) The currently employed or retired State
correctional officer must be at least 21 years of age and
possess a valid Firearm Owner's Identification Card as
prescribed in the Firearm Owners Identification Card Act,
receive training in the use of firearms while off duty
conducted by the Illinois Law Enforcement Training
Standards Board, and be certified as having successfully
completing such training by the Board. The Board shall
determine the amount of such training and the course
content for such training. The currently employed or
retired State correctional officer shall requalify for the
firearms training annually at a State range certified by
the Illinois Law Enforcement Training Standards Board. The
expenses of such retraining shall be paid by the currently
employed or retired State correctional officer and moneys
for the costs of such requalification shall be expended at
the request of the Illinois Law Enforcement Training
Standards Board.
(2) The currently employed or retired State
correctional officer shall purchase such firearm at his or

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her own expense and shall register the firearm with the
Illinois Department of State Police and with any other
local law enforcement agencies that require such
registration.
(3) The currently employed or retired State
correctional officer may not carry any Illinois Department
of Corrections or Department of Juvenile Justice
State-issued firearm while off duty. A person who violates
this paragraph (3) is subject to disciplinary action by the
Illinois Department of Corrections or the Department of
Juvenile Justice.
(4) State correctional officers who are or were
discharged from employment by the Illinois Department of
Corrections or the Department of Juvenile Justice shall no
longer be considered law enforcement officials and all
their rights as law enforcement officials shall be revoked
permanently.
(b) For the purposes of this Section, "State correctional
officer" means an employee of the Department of Corrections or
the Department of Juvenile Justice who has custody and control
over inmates in an adult or juvenile correctional facility.
Section 15. The County Jail Act is amended by adding
Section 27 as follows:
(730 ILCS 125/27 new)

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Sec. 27. County correctional officers; off-duty firearms.
(a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 of the Criminal Code of 1961 do not apply to currently
employed or retired county correctional officers who meet the
following conditions:
(1) The currently employed or retired county
correctional officer must be at least 21 years of age and
possess a valid Firearm Owner's Identification Card as
prescribed in the Firearm Owners Identification Card Act,
receive training in the use of firearms while off duty
conducted by the Illinois Law Enforcement Training
Standards Board, and be certified as having successfully
completing such training by the Board. The Board shall
determine the amount of such training and the course
content for such training. The currently employed or
retired county correctional officer shall requalify for
the firearms training annually at a State range certified
by the Illinois Law Enforcement Training Standards Board.
The expenses of such retraining shall be paid by the
currently employed or retired county correctional officer
and moneys for the costs of such requalification shall be
expended at the request of the Illinois Law Enforcement
Training Standards Board.
(2) The currently employed or retired county
correctional officer shall purchase such firearm at his or
her own expense and shall register the firearm with the

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Illinois Department of State Police and with any other
local law enforcement agencies that require such
registration.
(3) The currently employed or retired county
correctional officer may not carry any county
sheriff-issued firearm while off duty. A person who
violates this paragraph (3) is subject to disciplinary
action by the county sheriff.
(4) County correctional officers who are or were
discharged from employment by the county sheriff shall no
longer be considered law enforcement officials and all
their rights as law enforcement officials shall be revoked
permanently.
(b) For the purposes of this Section, "county correctional
officer" means an employee of the county who has custody and
control over inmates in a county jail or juvenile detention
center.