Bill Text: IL SB1948 | 2021-2022 | 102nd General Assembly | Introduced


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB1948 Detail]

Download: Illinois-2021-SB1948-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1948

Introduced 2/26/2021, by Sen. Darren Bailey

SYNOPSIS AS INTRODUCED:
See Index

Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.
LRB102 15817 RLC 21185 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB1948LRB102 15817 RLC 21185 b
1 AN ACT concerning firearms.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other
19 records prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating

SB1948- 2 -LRB102 15817 RLC 21185 b
1 to known or suspected cases of sexually transmissible
2 disease or any information the disclosure of which is
3 restricted under the Illinois Sexually Transmissible
4 Disease Control Act.
5 (e) Information the disclosure of which is exempted
6 under Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of
8 the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (g) Information the disclosure of which is restricted
11 and exempted under Section 50 of the Illinois Prepaid
12 Tuition Act.
13 (h) Information the disclosure of which is exempted
14 under the State Officials and Employees Ethics Act, and
15 records of any lawfully created State or local inspector
16 general's office that would be exempt if created or
17 obtained by an Executive Inspector General's office under
18 that Act.
19 (i) Information contained in a local emergency energy
20 plan submitted to a municipality in accordance with a
21 local emergency energy plan ordinance that is adopted
22 under Section 11-21.5-5 of the Illinois Municipal Code.
23 (j) Information and data concerning the distribution
24 of surcharge moneys collected and remitted by carriers
25 under the Emergency Telephone System Act.
26 (k) Law enforcement officer identification information

SB1948- 3 -LRB102 15817 RLC 21185 b
1 or driver identification information compiled by a law
2 enforcement agency or the Department of Transportation
3 under Section 11-212 of the Illinois Vehicle Code.
4 (l) Records and information provided to a residential
5 health care facility resident sexual assault and death
6 review team or the Executive Council under the Abuse
7 Prevention Review Team Act.
8 (m) Information provided to the predatory lending
9 database created pursuant to Article 3 of the Residential
10 Real Property Disclosure Act, except to the extent
11 authorized under that Article.
12 (n) Defense budgets and petitions for certification of
13 compensation and expenses for court appointed trial
14 counsel as provided under Sections 10 and 15 of the
15 Capital Crimes Litigation Act. This subsection (n) shall
16 apply until the conclusion of the trial of the case, even
17 if the prosecution chooses not to pursue the death penalty
18 prior to trial or sentencing.
19 (o) Information that is prohibited from being
20 disclosed under Section 4 of the Illinois Health and
21 Hazardous Substances Registry Act.
22 (p) Security portions of system safety program plans,
23 investigation reports, surveys, schedules, lists, data, or
24 information compiled, collected, or prepared by or for the
25 Regional Transportation Authority under Section 2.11 of
26 the Regional Transportation Authority Act or the St. Clair

SB1948- 4 -LRB102 15817 RLC 21185 b
1 County Transit District under the Bi-State Transit Safety
2 Act.
3 (q) Information prohibited from being disclosed by the
4 Personnel Record Review Act.
5 (r) Information prohibited from being disclosed by the
6 Illinois School Student Records Act.
7 (s) Information the disclosure of which is restricted
8 under Section 5-108 of the Public Utilities Act.
9 (t) All identified or deidentified health information
10 in the form of health data or medical records contained
11 in, stored in, submitted to, transferred by, or released
12 from the Illinois Health Information Exchange, and
13 identified or deidentified health information in the form
14 of health data and medical records of the Illinois Health
15 Information Exchange in the possession of the Illinois
16 Health Information Exchange Office due to its
17 administration of the Illinois Health Information
18 Exchange. The terms "identified" and "deidentified" shall
19 be given the same meaning as in the Health Insurance
20 Portability and Accountability Act of 1996, Public Law
21 104-191, or any subsequent amendments thereto, and any
22 regulations promulgated thereunder.
23 (u) Records and information provided to an independent
24 team of experts under the Developmental Disability and
25 Mental Health Safety Act (also known as the Developmental
26 Disability and Mental Health Safety Act (also known as

SB1948- 5 -LRB102 15817 RLC 21185 b
1 Brian's Law).
2 (v) Names and information of people who have applied
3 for or received Firearm Owner's Identification Cards under
4 the Firearm Owners Identification Card Act before the
5 effective date of this amendatory Act of the 102nd General
6 Assembly or applied for or received a concealed carry
7 license under the Firearm Concealed Carry Act, unless
8 otherwise authorized by the Firearm Concealed Carry Act;
9 and databases under the Firearm Concealed Carry Act,
10 records of the Concealed Carry Licensing Review Board
11 under the Firearm Concealed Carry Act, and law enforcement
12 agency objections under the Firearm Concealed Carry Act.
13 (w) Personally identifiable information which is
14 exempted from disclosure under subsection (g) of Section
15 19.1 of the Toll Highway Act.
16 (x) Information which is exempted from disclosure
17 under Section 5-1014.3 of the Counties Code or Section
18 8-11-21 of the Illinois Municipal Code.
19 (y) Confidential information under the Adult
20 Protective Services Act and its predecessor enabling
21 statute, the Elder Abuse and Neglect Act, including
22 information about the identity and administrative finding
23 against any caregiver of a verified and substantiated
24 decision of abuse, neglect, or financial exploitation of
25 an eligible adult maintained in the Registry established
26 under Section 7.5 of the Adult Protective Services Act.

SB1948- 6 -LRB102 15817 RLC 21185 b
1 (z) Records and information provided to a fatality
2 review team or the Illinois Fatality Review Team Advisory
3 Council under Section 15 of the Adult Protective Services
4 Act.
5 (aa) Information which is exempted from disclosure
6 under Section 2.37 of the Wildlife Code.
7 (bb) Information which is or was prohibited from
8 disclosure by the Juvenile Court Act of 1987.
9 (cc) Recordings made under the Law Enforcement
10 Officer-Worn Body Camera Act, except to the extent
11 authorized under that Act.
12 (dd) Information that is prohibited from being
13 disclosed under Section 45 of the Condominium and Common
14 Interest Community Ombudsperson Act.
15 (ee) Information that is exempted from disclosure
16 under Section 30.1 of the Pharmacy Practice Act.
17 (ff) Information that is exempted from disclosure
18 under the Revised Uniform Unclaimed Property Act.
19 (gg) Information that is prohibited from being
20 disclosed under Section 7-603.5 of the Illinois Vehicle
21 Code.
22 (hh) Records that are exempt from disclosure under
23 Section 1A-16.7 of the Election Code.
24 (ii) Information which is exempted from disclosure
25 under Section 2505-800 of the Department of Revenue Law of
26 the Civil Administrative Code of Illinois.

SB1948- 7 -LRB102 15817 RLC 21185 b
1 (jj) Information and reports that are required to be
2 submitted to the Department of Labor by registering day
3 and temporary labor service agencies but are exempt from
4 disclosure under subsection (a-1) of Section 45 of the Day
5 and Temporary Labor Services Act.
6 (kk) Information prohibited from disclosure under the
7 Seizure and Forfeiture Reporting Act.
8 (ll) Information the disclosure of which is restricted
9 and exempted under Section 5-30.8 of the Illinois Public
10 Aid Code.
11 (mm) Records that are exempt from disclosure under
12 Section 4.2 of the Crime Victims Compensation Act.
13 (nn) Information that is exempt from disclosure under
14 Section 70 of the Higher Education Student Assistance Act.
15 (oo) Communications, notes, records, and reports
16 arising out of a peer support counseling session
17 prohibited from disclosure under the First Responders
18 Suicide Prevention Act.
19 (pp) Names and all identifying information relating to
20 an employee of an emergency services provider or law
21 enforcement agency under the First Responders Suicide
22 Prevention Act.
23 (qq) Information and records held by the Department of
24 Public Health and its authorized representatives collected
25 under the Reproductive Health Act.
26 (rr) Information that is exempt from disclosure under

SB1948- 8 -LRB102 15817 RLC 21185 b
1 the Cannabis Regulation and Tax Act.
2 (ss) Data reported by an employer to the Department of
3 Human Rights pursuant to Section 2-108 of the Illinois
4 Human Rights Act.
5 (tt) Recordings made under the Children's Advocacy
6 Center Act, except to the extent authorized under that
7 Act.
8 (uu) Information that is exempt from disclosure under
9 Section 50 of the Sexual Assault Evidence Submission Act.
10 (vv) Information that is exempt from disclosure under
11 subsections (f) and (j) of Section 5-36 of the Illinois
12 Public Aid Code.
13 (ww) Information that is exempt from disclosure under
14 Section 16.8 of the State Treasurer Act.
15 (xx) Information that is exempt from disclosure or
16 information that shall not be made public under the
17 Illinois Insurance Code.
18 (yy) Information prohibited from being disclosed under
19 the Illinois Educational Labor Relations Act.
20 (zz) Information prohibited from being disclosed under
21 the Illinois Public Labor Relations Act.
22 (aaa) Information prohibited from being disclosed
23 under Section 1-167 of the Illinois Pension Code.
24(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
25100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
268-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

SB1948- 9 -LRB102 15817 RLC 21185 b
1eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
2100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
36-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
4eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
5101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
61-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
7eff. 7-7-20.)
8 Section 10. The Department of State Police Law of the
9Civil Administrative Code of Illinois is amended by changing
10Sections 2605-45, 2605-300, and 2605-595 as follows:
11 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
12 Sec. 2605-45. Division of Justice Services. The Division
13of Justice Services shall exercise the following functions:
14 (1) (Blank).
15 (2) Pursue research and the publication of studies
16 pertaining to local law enforcement activities.
17 (3) (Blank).
18 (4) Operate an electronic data processing and computer
19 center for the storage and retrieval of data pertaining to
20 criminal activity.
21 (5) Exercise the rights, powers, and duties vested in
22 the former Division of State Troopers by Section 17 of the
23 State Police Act.
24 (6) (Blank).

SB1948- 10 -LRB102 15817 RLC 21185 b
1 (6.5) (Blank). Exercise the rights, powers, and duties
2 vested in the Department by the Firearm Owners
3 Identification Card Act.
4 (7) Exercise other duties that may be assigned by the
5 Director to fulfill the responsibilities and achieve the
6 purposes of the Department.
7 (8) Exercise the rights, powers, and duties vested by
8 law in the Department by the Criminal Identification Act.
9(Source: P.A. 101-378, eff. 1-1-20.)
10 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
11 Sec. 2605-300. Records; crime laboratories; personnel. To
12do the following:
13 (1) Be a central repository and custodian of criminal
14 statistics for the State.
15 (2) Be a central repository for criminal history
16 record information.
17 (3) Procure and file for record information that is
18 necessary and helpful to plan programs of crime
19 prevention, law enforcement, and criminal justice.
20 (4) Procure and file for record copies of fingerprints
21 that may be required by law.
22 (5) Establish general and field crime laboratories.
23 (6) Register and file for record information that may
24 be required by law for the issuance of firearm owner's
25 identification cards under the Firearm Owners

SB1948- 11 -LRB102 15817 RLC 21185 b
1 Identification Card Act and concealed carry licenses under
2 the Firearm Concealed Carry Act.
3 (7) Employ laboratory technicians and other specially
4 qualified persons to aid in the identification of criminal
5 activity, and may employ polygraph operators.
6 (8) Undertake other identification, information,
7 laboratory, statistical, or registration activities that
8 may be required by law.
9(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)
10 (20 ILCS 2605/2605-595)
11 Sec. 2605-595. State Police Firearm Services Fund.
12 (a) There is created in the State treasury a special fund
13known as the State Police Firearm Services Fund. The Fund
14shall receive revenue under the Firearm Concealed Carry Act
15and Section 5 of the Firearm Owners Identification Card Act.
16The Fund may also receive revenue from grants, pass-through
17grants, donations, appropriations, and any other legal source.
18 (b) The Department of State Police may use moneys in the
19Fund to finance any of its lawful purposes, mandates,
20functions, and duties under the Firearm Owners Identification
21Card Act and the Firearm Concealed Carry Act, including the
22cost of sending notices of expiration of Firearm Owner's
23Identification Cards, concealed carry licenses, the prompt and
24efficient processing of applications under the Firearm Owners
25Identification Card Act and the Firearm Concealed Carry Act,

SB1948- 12 -LRB102 15817 RLC 21185 b
1the improved efficiency and reporting of the LEADS and federal
2NICS law enforcement data systems, and support for
3investigations required under that Act these Acts and law. Any
4surplus funds beyond what is needed to comply with the
5aforementioned purposes shall be used by the Department to
6improve the Law Enforcement Agencies Data System (LEADS) and
7criminal history background check system.
8 (c) Investment income that is attributable to the
9investment of moneys in the Fund shall be retained in the Fund
10for the uses specified in this Section.
11(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
12 (20 ILCS 2605/2605-120 rep.)
13 Section 15. The Department of State Police Law of the
14Civil Administrative Code of Illinois is amended by repealing
15Section 2605-120.
16 Section 20. The Criminal Identification Act is amended by
17changing Section 2.2 as follows:
18 (20 ILCS 2630/2.2)
19 Sec. 2.2. Notification to the Department. Upon judgment of
20conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
2112-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
22Code of 2012 when the defendant has been determined, pursuant
23to Section 112A-11.1 of the Code of Criminal Procedure of

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11963, to be subject to the prohibitions of 18 U.S.C.
2922(g)(9), the circuit court clerk shall include notification
3and a copy of the written determination in a report of the
4conviction to the Department of State Police Firearm Owner's
5Identification Card Office to enable the Department office to
6perform its duties under the Firearm Concealed Carry Act and
7Sections 4 and 8 of the Firearm Owners Identification Card Act
8and to report that determination to the Federal Bureau of
9Investigation to assist the Federal Bureau of Investigation in
10identifying persons prohibited from purchasing and possessing
11a firearm pursuant to the provisions of 18 U.S.C. 922. The
12written determination described in this Section shall be
13included in the defendant's record of arrest and conviction in
14the manner and form prescribed by the Department of State
15Police.
16(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
17 Section 25. The State Finance Act is amended by changing
18Section 6z-99 as follows:
19 (30 ILCS 105/6z-99)
20 Sec. 6z-99. The Mental Health Reporting Fund.
21 (a) There is created in the State treasury a special fund
22known as the Mental Health Reporting Fund. The Fund shall
23receive revenue under the Firearm Concealed Carry Act. The
24Fund may also receive revenue from grants, pass-through

SB1948- 14 -LRB102 15817 RLC 21185 b
1grants, donations, appropriations, and any other legal source.
2 (b) The Department of State Police and Department of Human
3Services shall coordinate to use moneys in the Fund to finance
4their respective duties of collecting and reporting data on
5mental health records and ensuring that mental health firearm
6possession prohibitors are enforced as set forth under the
7Firearm Concealed Carry Act and the Firearm Owners
8Identification Card Act. Any surplus in the Fund beyond what
9is necessary to ensure compliance with mental health reporting
10under that Act these Acts shall be used by the Department of
11Human Services for mental health treatment programs.
12 (c) Investment income that is attributable to the
13investment of moneys in the Fund shall be retained in the Fund
14for the uses specified in this Section.
15(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
16 Section 30. The Peace Officer Firearm Training Act is
17amended by changing Section 1 as follows:
18 (50 ILCS 710/1) (from Ch. 85, par. 515)
19 Sec. 1. Definitions. As used in this Act:
20 (a) "Peace officer" means (i) any person who by virtue of
21his office or public employment is vested by law with a primary
22duty to maintain public order or to make arrests for offenses,
23whether that duty extends to all offenses or is limited to
24specific offenses, and who is employed in such capacity by any

SB1948- 15 -LRB102 15817 RLC 21185 b
1county or municipality or (ii) any retired law enforcement
2officers qualified under federal law to carry a concealed
3weapon.
4 (a-5) "Probation officer" means a county probation officer
5authorized by the Chief Judge of the Circuit Court to carry a
6firearm as part of his or her duties under Section 12 of the
7Probation and Probation Officers Act and Section 24-2 of the
8Criminal Code of 2012.
9 (b) "Firearms" means any weapon or device defined as a
10firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
11"An Act relating to the acquisition, possession and transfer
12of firearms and firearm ammunition, to provide a penalty for
13the violation thereof and to make an appropriation in
14connection therewith", approved August 3, 1967, as amended.
15(Source: P.A. 98-725, eff. 1-1-15.)
16 Section 35. The School Code is amended by changing
17Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
18 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
19 Sec. 10-22.6. Suspension or expulsion of pupils; school
20searches.
21 (a) To expel pupils guilty of gross disobedience or
22misconduct, including gross disobedience or misconduct
23perpetuated by electronic means, pursuant to subsection (b-20)
24of this Section, and no action shall lie against them for such

SB1948- 16 -LRB102 15817 RLC 21185 b
1expulsion. Expulsion shall take place only after the parents
2have been requested to appear at a meeting of the board, or
3with a hearing officer appointed by it, to discuss their
4child's behavior. Such request shall be made by registered or
5certified mail and shall state the time, place and purpose of
6the meeting. The board, or a hearing officer appointed by it,
7at such meeting shall state the reasons for dismissal and the
8date on which the expulsion is to become effective. If a
9hearing officer is appointed by the board, he shall report to
10the board a written summary of the evidence heard at the
11meeting and the board may take such action thereon as it finds
12appropriate. If the board acts to expel a pupil, the written
13expulsion decision shall detail the specific reasons why
14removing the pupil from the learning environment is in the
15best interest of the school. The expulsion decision shall also
16include a rationale as to the specific duration of the
17expulsion. An expelled pupil may be immediately transferred to
18an alternative program in the manner provided in Article 13A
19or 13B of this Code. A pupil must not be denied transfer
20because of the expulsion, except in cases in which such
21transfer is deemed to cause a threat to the safety of students
22or staff in the alternative program.
23 (b) To suspend or by policy to authorize the
24superintendent of the district or the principal, assistant
25principal, or dean of students of any school to suspend pupils
26guilty of gross disobedience or misconduct, or to suspend

SB1948- 17 -LRB102 15817 RLC 21185 b
1pupils guilty of gross disobedience or misconduct on the
2school bus from riding the school bus, pursuant to subsections
3(b-15) and (b-20) of this Section, and no action shall lie
4against them for such suspension. The board may by policy
5authorize the superintendent of the district or the principal,
6assistant principal, or dean of students of any school to
7suspend pupils guilty of such acts for a period not to exceed
810 school days. If a pupil is suspended due to gross
9disobedience or misconduct on a school bus, the board may
10suspend the pupil in excess of 10 school days for safety
11reasons.
12 Any suspension shall be reported immediately to the
13parents or guardian of a pupil along with a full statement of
14the reasons for such suspension and a notice of their right to
15a review. The school board must be given a summary of the
16notice, including the reason for the suspension and the
17suspension length. Upon request of the parents or guardian,
18the school board or a hearing officer appointed by it shall
19review such action of the superintendent or principal,
20assistant principal, or dean of students. At such review, the
21parents or guardian of the pupil may appear and discuss the
22suspension with the board or its hearing officer. If a hearing
23officer is appointed by the board, he shall report to the board
24a written summary of the evidence heard at the meeting. After
25its hearing or upon receipt of the written report of its
26hearing officer, the board may take such action as it finds

SB1948- 18 -LRB102 15817 RLC 21185 b
1appropriate. If a student is suspended pursuant to this
2subsection (b), the board shall, in the written suspension
3decision, detail the specific act of gross disobedience or
4misconduct resulting in the decision to suspend. The
5suspension decision shall also include a rationale as to the
6specific duration of the suspension. A pupil who is suspended
7in excess of 20 school days may be immediately transferred to
8an alternative program in the manner provided in Article 13A
9or 13B of this Code. A pupil must not be denied transfer
10because of the suspension, except in cases in which such
11transfer is deemed to cause a threat to the safety of students
12or staff in the alternative program.
13 (b-5) Among the many possible disciplinary interventions
14and consequences available to school officials, school
15exclusions, such as out-of-school suspensions and expulsions,
16are the most serious. School officials shall limit the number
17and duration of expulsions and suspensions to the greatest
18extent practicable, and it is recommended that they use them
19only for legitimate educational purposes. To ensure that
20students are not excluded from school unnecessarily, it is
21recommended that school officials consider forms of
22non-exclusionary discipline prior to using out-of-school
23suspensions or expulsions.
24 (b-10) Unless otherwise required by federal law or this
25Code, school boards may not institute zero-tolerance policies
26by which school administrators are required to suspend or

SB1948- 19 -LRB102 15817 RLC 21185 b
1expel students for particular behaviors.
2 (b-15) Out-of-school suspensions of 3 days or less may be
3used only if the student's continuing presence in school would
4pose a threat to school safety or a disruption to other
5students' learning opportunities. For purposes of this
6subsection (b-15), "threat to school safety or a disruption to
7other students' learning opportunities" shall be determined on
8a case-by-case basis by the school board or its designee.
9School officials shall make all reasonable efforts to resolve
10such threats, address such disruptions, and minimize the
11length of suspensions to the greatest extent practicable.
12 (b-20) Unless otherwise required by this Code,
13out-of-school suspensions of longer than 3 days, expulsions,
14and disciplinary removals to alternative schools may be used
15only if other appropriate and available behavioral and
16disciplinary interventions have been exhausted and the
17student's continuing presence in school would either (i) pose
18a threat to the safety of other students, staff, or members of
19the school community or (ii) substantially disrupt, impede, or
20interfere with the operation of the school. For purposes of
21this subsection (b-20), "threat to the safety of other
22students, staff, or members of the school community" and
23"substantially disrupt, impede, or interfere with the
24operation of the school" shall be determined on a case-by-case
25basis by school officials. For purposes of this subsection
26(b-20), the determination of whether "appropriate and

SB1948- 20 -LRB102 15817 RLC 21185 b
1available behavioral and disciplinary interventions have been
2exhausted" shall be made by school officials. School officials
3shall make all reasonable efforts to resolve such threats,
4address such disruptions, and minimize the length of student
5exclusions to the greatest extent practicable. Within the
6suspension decision described in subsection (b) of this
7Section or the expulsion decision described in subsection (a)
8of this Section, it shall be documented whether other
9interventions were attempted or whether it was determined that
10there were no other appropriate and available interventions.
11 (b-25) Students who are suspended out-of-school for longer
12than 4 school days shall be provided appropriate and available
13support services during the period of their suspension. For
14purposes of this subsection (b-25), "appropriate and available
15support services" shall be determined by school authorities.
16Within the suspension decision described in subsection (b) of
17this Section, it shall be documented whether such services are
18to be provided or whether it was determined that there are no
19such appropriate and available services.
20 A school district may refer students who are expelled to
21appropriate and available support services.
22 A school district shall create a policy to facilitate the
23re-engagement of students who are suspended out-of-school,
24expelled, or returning from an alternative school setting.
25 (b-30) A school district shall create a policy by which
26suspended pupils, including those pupils suspended from the

SB1948- 21 -LRB102 15817 RLC 21185 b
1school bus who do not have alternate transportation to school,
2shall have the opportunity to make up work for equivalent
3academic credit. It shall be the responsibility of a pupil's
4parent or guardian to notify school officials that a pupil
5suspended from the school bus does not have alternate
6transportation to school.
7 (c) The Department of Human Services shall be invited to
8send a representative to consult with the board at such
9meeting whenever there is evidence that mental illness may be
10the cause for expulsion or suspension.
11 (c-5) School districts shall make reasonable efforts to
12provide ongoing professional development to teachers,
13administrators, school board members, school resource
14officers, and staff on the adverse consequences of school
15exclusion and justice-system involvement, effective classroom
16management strategies, culturally responsive discipline, the
17appropriate and available supportive services for the
18promotion of student attendance and engagement, and
19developmentally appropriate disciplinary methods that promote
20positive and healthy school climates.
21 (d) The board may expel a student for a definite period of
22time not to exceed 2 calendar years, as determined on a
23case-by-case basis. A student who is determined to have
24brought one of the following objects to school, any
25school-sponsored activity or event, or any activity or event
26that bears a reasonable relationship to school shall be

SB1948- 22 -LRB102 15817 RLC 21185 b
1expelled for a period of not less than one year:
2 (1) A firearm. For the purposes of this Section,
3 "firearm" means any gun, rifle, shotgun, weapon as defined
4 by Section 921 of Title 18 of the United States Code,
5 firearm as defined in Section 2-7.5 1.1 of the Firearm
6 Owners Identification Card Act, or firearm as defined in
7 Section 24-1 of the Criminal Code of 2012. The expulsion
8 period under this subdivision (1) may be modified by the
9 superintendent, and the superintendent's determination may
10 be modified by the board on a case-by-case basis.
11 (2) A knife, brass knuckles or other knuckle weapon
12 regardless of its composition, a billy club, or any other
13 object if used or attempted to be used to cause bodily
14 harm, including "look alikes" of any firearm as defined in
15 subdivision (1) of this subsection (d). The expulsion
16 requirement under this subdivision (2) may be modified by
17 the superintendent, and the superintendent's determination
18 may be modified by the board on a case-by-case basis.
19Expulsion or suspension shall be construed in a manner
20consistent with the federal Individuals with Disabilities
21Education Act. A student who is subject to suspension or
22expulsion as provided in this Section may be eligible for a
23transfer to an alternative school program in accordance with
24Article 13A of the School Code.
25 (d-5) The board may suspend or by regulation authorize the
26superintendent of the district or the principal, assistant

SB1948- 23 -LRB102 15817 RLC 21185 b
1principal, or dean of students of any school to suspend a
2student for a period not to exceed 10 school days or may expel
3a student for a definite period of time not to exceed 2
4calendar years, as determined on a case-by-case basis, if (i)
5that student has been determined to have made an explicit
6threat on an Internet website against a school employee, a
7student, or any school-related personnel, (ii) the Internet
8website through which the threat was made is a site that was
9accessible within the school at the time the threat was made or
10was available to third parties who worked or studied within
11the school grounds at the time the threat was made, and (iii)
12the threat could be reasonably interpreted as threatening to
13the safety and security of the threatened individual because
14of his or her duties or employment status or status as a
15student inside the school.
16 (e) To maintain order and security in the schools, school
17authorities may inspect and search places and areas such as
18lockers, desks, parking lots, and other school property and
19equipment owned or controlled by the school, as well as
20personal effects left in those places and areas by students,
21without notice to or the consent of the student, and without a
22search warrant. As a matter of public policy, the General
23Assembly finds that students have no reasonable expectation of
24privacy in these places and areas or in their personal effects
25left in these places and areas. School authorities may request
26the assistance of law enforcement officials for the purpose of

SB1948- 24 -LRB102 15817 RLC 21185 b
1conducting inspections and searches of lockers, desks, parking
2lots, and other school property and equipment owned or
3controlled by the school for illegal drugs, weapons, or other
4illegal or dangerous substances or materials, including
5searches conducted through the use of specially trained dogs.
6If a search conducted in accordance with this Section produces
7evidence that the student has violated or is violating either
8the law, local ordinance, or the school's policies or rules,
9such evidence may be seized by school authorities, and
10disciplinary action may be taken. School authorities may also
11turn over such evidence to law enforcement authorities.
12 (f) Suspension or expulsion may include suspension or
13expulsion from school and all school activities and a
14prohibition from being present on school grounds.
15 (g) A school district may adopt a policy providing that if
16a student is suspended or expelled for any reason from any
17public or private school in this or any other state, the
18student must complete the entire term of the suspension or
19expulsion in an alternative school program under Article 13A
20of this Code or an alternative learning opportunities program
21under Article 13B of this Code before being admitted into the
22school district if there is no threat to the safety of students
23or staff in the alternative program.
24 (h) School officials shall not advise or encourage
25students to drop out voluntarily due to behavioral or academic
26difficulties.

SB1948- 25 -LRB102 15817 RLC 21185 b
1 (i) A student may not be issued a monetary fine or fee as a
2disciplinary consequence, though this shall not preclude
3requiring a student to provide restitution for lost, stolen,
4or damaged property.
5 (j) Subsections (a) through (i) of this Section shall
6apply to elementary and secondary schools, charter schools,
7special charter districts, and school districts organized
8under Article 34 of this Code.
9 (k) The expulsion of children enrolled in programs funded
10under Section 1C-2 of this Code is subject to the requirements
11under paragraph (7) of subsection (a) of Section 2-3.71 of
12this Code.
13 (l) Beginning with the 2018-2019 school year, an in-school
14suspension program provided by a school district for any
15students in kindergarten through grade 12 may focus on
16promoting non-violent conflict resolution and positive
17interaction with other students and school personnel. A school
18district may employ a school social worker or a licensed
19mental health professional to oversee an in-school suspension
20program in kindergarten through grade 12.
21(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
22100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
237-12-19.)
24 (105 ILCS 5/10-27.1A)
25 Sec. 10-27.1A. Firearms in schools.

SB1948- 26 -LRB102 15817 RLC 21185 b
1 (a) All school officials, including teachers, guidance
2counselors, and support staff, shall immediately notify the
3office of the principal in the event that they observe any
4person in possession of a firearm on school grounds; provided
5that taking such immediate action to notify the office of the
6principal would not immediately endanger the health, safety,
7or welfare of students who are under the direct supervision of
8the school official or the school official. If the health,
9safety, or welfare of students under the direct supervision of
10the school official or of the school official is immediately
11endangered, the school official shall notify the office of the
12principal as soon as the students under his or her supervision
13and he or she are no longer under immediate danger. A report is
14not required by this Section when the school official knows
15that the person in possession of the firearm is a law
16enforcement official engaged in the conduct of his or her
17official duties. Any school official acting in good faith who
18makes such a report under this Section shall have immunity
19from any civil or criminal liability that might otherwise be
20incurred as a result of making the report. The identity of the
21school official making such report shall not be disclosed
22except as expressly and specifically authorized by law.
23Knowingly and willfully failing to comply with this Section is
24a petty offense. A second or subsequent offense is a Class C
25misdemeanor.
26 (b) Upon receiving a report from any school official

SB1948- 27 -LRB102 15817 RLC 21185 b
1pursuant to this Section, or from any other person, the
2principal or his or her designee shall immediately notify a
3local law enforcement agency. If the person found to be in
4possession of a firearm on school grounds is a student, the
5principal or his or her designee shall also immediately notify
6that student's parent or guardian. Any principal or his or her
7designee acting in good faith who makes such reports under
8this Section shall have immunity from any civil or criminal
9liability that might otherwise be incurred or imposed as a
10result of making the reports. Knowingly and willfully failing
11to comply with this Section is a petty offense. A second or
12subsequent offense is a Class C misdemeanor. If the person
13found to be in possession of the firearm on school grounds is a
14minor, the law enforcement agency shall detain that minor
15until such time as the agency makes a determination pursuant
16to clause (a) of subsection (1) of Section 5-401 of the
17Juvenile Court Act of 1987, as to whether the agency
18reasonably believes that the minor is delinquent. If the law
19enforcement agency determines that probable cause exists to
20believe that the minor committed a violation of item (4) of
21subsection (a) of Section 24-1 of the Criminal Code of 2012
22while on school grounds, the agency shall detain the minor for
23processing pursuant to Section 5-407 of the Juvenile Court Act
24of 1987.
25 (c) On or after January 1, 1997, upon receipt of any
26written, electronic, or verbal report from any school

SB1948- 28 -LRB102 15817 RLC 21185 b
1personnel regarding a verified incident involving a firearm in
2a school or on school owned or leased property, including any
3conveyance owned, leased, or used by the school for the
4transport of students or school personnel, the superintendent
5or his or her designee shall report all such firearm-related
6incidents occurring in a school or on school property to the
7local law enforcement authorities immediately and to the
8Department of State Police in a form, manner, and frequency as
9prescribed by the Department of State Police.
10 The State Board of Education shall receive an annual
11statistical compilation and related data associated with
12incidents involving firearms in schools from the Department of
13State Police. The State Board of Education shall compile this
14information by school district and make it available to the
15public.
16 (d) As used in this Section, the term "firearm" shall have
17the meaning ascribed to it in Section 2-7.5 of the Criminal
18Code of 2012 1.1 of the Firearm Owners Identification Card
19Act.
20 As used in this Section, the term "school" means any
21public or private elementary or secondary school.
22 As used in this Section, the term "school grounds"
23includes the real property comprising any school, any
24conveyance owned, leased, or contracted by a school to
25transport students to or from school or a school-related
26activity, or any public way within 1,000 feet of the real

SB1948- 29 -LRB102 15817 RLC 21185 b
1property comprising any school.
2(Source: P.A. 97-1150, eff. 1-25-13.)
3 (105 ILCS 5/34-8.05)
4 Sec. 34-8.05. Reporting firearms in schools. On or after
5January 1, 1997, upon receipt of any written, electronic, or
6verbal report from any school personnel regarding a verified
7incident involving a firearm in a school or on school owned or
8leased property, including any conveyance owned, leased, or
9used by the school for the transport of students or school
10personnel, the general superintendent or his or her designee
11shall report all such firearm-related incidents occurring in a
12school or on school property to the local law enforcement
13authorities no later than 24 hours after the occurrence of the
14incident and to the Department of State Police in a form,
15manner, and frequency as prescribed by the Department of State
16Police.
17 The State Board of Education shall receive an annual
18statistical compilation and related data associated with
19incidents involving firearms in schools from the Department of
20State Police. As used in this Section, the term "firearm"
21shall have the meaning ascribed to it in Section 2-7.5 of the
22Criminal Code of 2012 1.1 of the Firearm Owners Identification
23Card Act.
24(Source: P.A. 89-498, eff. 6-27-96.)

SB1948- 30 -LRB102 15817 RLC 21185 b
1 Section 40. The Illinois Explosives Act is amended by
2changing Section 2005 as follows:
3 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
4 Sec. 2005. Qualifications for licensure.
5 (a) No person shall qualify to hold a license who:
6 (1) is under 21 years of age;
7 (2) has been convicted in any court of a crime
8 punishable by imprisonment for a term exceeding one year;
9 (3) is under indictment for a crime punishable by
10 imprisonment for a term exceeding one year;
11 (4) is a fugitive from justice;
12 (5) is an unlawful user of or addicted to any
13 controlled substance as defined in Section 6-103.1 of the
14 Mental Health and Developmental Disabilities Code 102 of
15 the federal Controlled Substances Act (21 U.S.C. Sec. 802
16 et seq.);
17 (6) has been adjudicated a person with a mental
18 disability as defined in Section 1.1 of the Firearm Owners
19 Identification Card Act; or
20 (7) is not a legal citizen of the United States or
21 lawfully admitted for permanent residence.
22 (b) A person who has been granted a "relief from
23disabilities" regarding criminal convictions and indictments,
24pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
25845) may receive a license provided all other qualifications

SB1948- 31 -LRB102 15817 RLC 21185 b
1under this Act are met.
2(Source: P.A. 101-541, eff. 8-23-19.)
3 Section 45. The Private Detective, Private Alarm, Private
4Security, and Locksmith Act of 2004 is amended by changing
5Sections 35-30 and 35-35 as follows:
6 (225 ILCS 447/35-30)
7 (Section scheduled to be repealed on January 1, 2024)
8 Sec. 35-30. Employee requirements. All employees of a
9licensed agency, other than those exempted, shall apply for a
10permanent employee registration card. The holder of an agency
11license issued under this Act, known in this Section as
12"employer", may employ in the conduct of his or her business
13employees under the following provisions:
14 (a) No person shall be issued a permanent employee
15registration card who:
16 (1) Is younger than 18 years of age.
17 (2) Is younger than 21 years of age if the services
18 will include being armed.
19 (3) Has been determined by the Department to be unfit
20 by reason of conviction of an offense in this or another
21 state, including registration as a sex offender, but not
22 including a traffic offense. Persons convicted of felonies
23 involving bodily harm, weapons, violence, or theft within
24 the previous 10 years shall be presumed to be unfit for

SB1948- 32 -LRB102 15817 RLC 21185 b
1 registration. The Department shall adopt rules for making
2 those determinations that shall afford the applicant due
3 process of law.
4 (4) Has had a license or permanent employee
5 registration card denied, suspended, or revoked under this
6 Act (i) within one year before the date the person's
7 application for permanent employee registration card is
8 received by the Department; and (ii) that refusal, denial,
9 suspension, or revocation was based on any provision of
10 this Act other than Section 40-50, item (6) or (8) of
11 subsection (a) of Section 15-10, subsection (b) of Section
12 15-10, item (6) or (8) of subsection (a) of Section 20-10,
13 subsection (b) of Section 20-10, item (6) or (8) of
14 subsection (a) of Section 25-10, subsection (b) of Section
15 25-10, item (7) of subsection (a) of Section 30-10,
16 subsection (b) of Section 30-10, or Section 10-40.
17 (5) Has been declared incompetent by any court of
18 competent jurisdiction by reason of mental disease or
19 defect and has not been restored.
20 (6) Has been dishonorably discharged from the armed
21 services of the United States.
22 (b) No person may be employed by a private detective
23agency, private security contractor agency, private alarm
24contractor agency, fingerprint vendor agency, or locksmith
25agency under this Section until he or she has executed and
26furnished to the employer, on forms furnished by the

SB1948- 33 -LRB102 15817 RLC 21185 b
1Department, a verified statement to be known as "Employee's
2Statement" setting forth:
3 (1) The person's full name, age, and residence
4 address.
5 (2) The business or occupation engaged in for the 5
6 years immediately before the date of the execution of the
7 statement, the place where the business or occupation was
8 engaged in, and the names of employers, if any.
9 (3) That the person has not had a license or employee
10 registration denied, revoked, or suspended under this Act
11 (i) within one year before the date the person's
12 application for permanent employee registration card is
13 received by the Department; and (ii) that refusal, denial,
14 suspension, or revocation was based on any provision of
15 this Act other than Section 40-50, item (6) or (8) of
16 subsection (a) of Section 15-10, subsection (b) of Section
17 15-10, item (6) or (8) of subsection (a) of Section 20-10,
18 subsection (b) of Section 20-10, item (6) or (8) of
19 subsection (a) of Section 25-10, subsection (b) of Section
20 25-10, item (7) of subsection (a) of Section 30-10,
21 subsection (b) of Section 30-10, or Section 10-40.
22 (4) Any conviction of a felony or misdemeanor.
23 (5) Any declaration of incompetence by a court of
24 competent jurisdiction that has not been restored.
25 (6) Any dishonorable discharge from the armed services
26 of the United States.

SB1948- 34 -LRB102 15817 RLC 21185 b
1 (7) Any other information as may be required by any
2 rule of the Department to show the good character,
3 competency, and integrity of the person executing the
4 statement.
5 (c) Each applicant for a permanent employee registration
6card shall have his or her fingerprints submitted to the
7Department of State Police in an electronic format that
8complies with the form and manner for requesting and
9furnishing criminal history record information as prescribed
10by the Department of State Police. These fingerprints shall be
11checked against the Department of State Police and Federal
12Bureau of Investigation criminal history record databases now
13and hereafter filed. The Department of State Police shall
14charge applicants a fee for conducting the criminal history
15records check, which shall be deposited in the State Police
16Services Fund and shall not exceed the actual cost of the
17records check. The Department of State Police shall furnish,
18pursuant to positive identification, records of Illinois
19convictions to the Department. The Department may require
20applicants to pay a separate fingerprinting fee, either to the
21Department or directly to the vendor. The Department, in its
22discretion, may allow an applicant who does not have
23reasonable access to a designated vendor to provide his or her
24fingerprints in an alternative manner. The Department, in its
25discretion, may also use other procedures in performing or
26obtaining criminal background checks of applicants. Instead of

SB1948- 35 -LRB102 15817 RLC 21185 b
1submitting his or her fingerprints, an individual may submit
2proof that is satisfactory to the Department that an
3equivalent security clearance has been conducted. Also, an
4individual who has retired as a peace officer within 12 months
5of application may submit verification, on forms provided by
6the Department and signed by his or her employer, of his or her
7previous full-time employment as a peace officer.
8 (d) The Department shall issue a permanent employee
9registration card, in a form the Department prescribes, to all
10qualified applicants. The holder of a permanent employee
11registration card shall carry the card at all times while
12actually engaged in the performance of the duties of his or her
13employment. Expiration and requirements for renewal of
14permanent employee registration cards shall be established by
15rule of the Department. Possession of a permanent employee
16registration card does not in any way imply that the holder of
17the card is employed by an agency unless the permanent
18employee registration card is accompanied by the employee
19identification card required by subsection (f) of this
20Section.
21 (e) Each employer shall maintain a record of each employee
22that is accessible to the duly authorized representatives of
23the Department. The record shall contain the following
24information:
25 (1) A photograph taken within 10 days of the date that
26 the employee begins employment with the employer. The

SB1948- 36 -LRB102 15817 RLC 21185 b
1 photograph shall be replaced with a current photograph
2 every 3 calendar years.
3 (2) The Employee's Statement specified in subsection
4 (b) of this Section.
5 (3) All correspondence or documents relating to the
6 character and integrity of the employee received by the
7 employer from any official source or law enforcement
8 agency.
9 (4) In the case of former employees, the employee
10 identification card of that person issued under subsection
11 (f) of this Section. Each employee record shall duly note
12 if the employee is employed in an armed capacity. Armed
13 employee files shall contain a copy of an active firearm
14 owner's identification card and a copy of an active
15 firearm control card. Each employer shall maintain a
16 record for each armed employee of each instance in which
17 the employee's weapon was discharged during the course of
18 his or her professional duties or activities. The record
19 shall be maintained on forms provided by the Department, a
20 copy of which must be filed with the Department within 15
21 days of an instance. The record shall include the date and
22 time of the occurrence, the circumstances involved in the
23 occurrence, and any other information as the Department
24 may require. Failure to provide this information to the
25 Department or failure to maintain the record as a part of
26 each armed employee's permanent file is grounds for

SB1948- 37 -LRB102 15817 RLC 21185 b
1 disciplinary action. The Department, upon receipt of a
2 report, shall have the authority to make any investigation
3 it considers appropriate into any occurrence in which an
4 employee's weapon was discharged and to take disciplinary
5 action as may be appropriate.
6 (5) A copy of the employee's permanent employee
7 registration card or a copy of the Department's "License
8 Lookup" Webpage showing that the employee has been issued
9 a valid permanent employee registration card by the
10 Department.
11 The Department may, by rule, prescribe further record
12requirements.
13 (f) Every employer shall furnish an employee
14identification card to each of his or her employees. This
15employee identification card shall contain a recent photograph
16of the employee, the employee's name, the name and agency
17license number of the employer, the employee's personal
18description, the signature of the employer, the signature of
19that employee, the date of issuance, and an employee
20identification card number.
21 (g) No employer may issue an employee identification card
22to any person who is not employed by the employer in accordance
23with this Section or falsely state or represent that a person
24is or has been in his or her employ. It is unlawful for an
25applicant for registered employment to file with the
26Department the fingerprints of a person other than himself or

SB1948- 38 -LRB102 15817 RLC 21185 b
1herself.
2 (h) Every employer shall obtain the identification card of
3every employee who terminates employment with him or her.
4 (i) Every employer shall maintain a separate roster of the
5names of all employees currently working in an armed capacity
6and submit the roster to the Department on request.
7 (j) No agency may employ any person to perform a licensed
8activity under this Act unless the person possesses a valid
9permanent employee registration card or a valid license under
10this Act, or is exempt pursuant to subsection (n).
11 (k) Notwithstanding the provisions of subsection (j), an
12agency may employ a person in a temporary capacity if all of
13the following conditions are met:
14 (1) The agency completes in its entirety and submits
15 to the Department an application for a permanent employee
16 registration card, including the required fingerprint
17 receipt and fees.
18 (2) The agency has verification from the Department
19 that the applicant has no record of any criminal
20 conviction pursuant to the criminal history check
21 conducted by the Department of State Police. The agency
22 shall maintain the verification of the results of the
23 Department of State Police criminal history check as part
24 of the employee record as required under subsection (e) of
25 this Section.
26 (3) The agency exercises due diligence to ensure that

SB1948- 39 -LRB102 15817 RLC 21185 b
1 the person is qualified under the requirements of the Act
2 to be issued a permanent employee registration card.
3 (4) The agency maintains a separate roster of the
4 names of all employees whose applications are currently
5 pending with the Department and submits the roster to the
6 Department on a monthly basis. Rosters are to be
7 maintained by the agency for a period of at least 24
8 months.
9 An agency may employ only a permanent employee applicant
10for which it either submitted a permanent employee application
11and all required forms and fees or it confirms with the
12Department that a permanent employee application and all
13required forms and fees have been submitted by another agency,
14licensee or the permanent employee and all other requirements
15of this Section are met.
16 The Department shall have the authority to revoke, without
17a hearing, the temporary authority of an individual to work
18upon receipt of Federal Bureau of Investigation fingerprint
19data or a report of another official authority indicating a
20criminal conviction. If the Department has not received a
21temporary employee's Federal Bureau of Investigation
22fingerprint data within 120 days of the date the Department
23received the Department of State Police fingerprint data, the
24Department may, at its discretion, revoke the employee's
25temporary authority to work with 15 days written notice to the
26individual and the employing agency.

SB1948- 40 -LRB102 15817 RLC 21185 b
1 An agency may not employ a person in a temporary capacity
2if it knows or reasonably should have known that the person has
3been convicted of a crime under the laws of this State, has
4been convicted in another state of any crime that is a crime
5under the laws of this State, has been convicted of any crime
6in a federal court, or has been posted as an unapproved
7applicant by the Department. Notice by the Department to the
8agency, via certified mail, personal delivery, electronic
9mail, or posting on the Department's Internet site accessible
10to the agency that the person has been convicted of a crime
11shall be deemed constructive knowledge of the conviction on
12the part of the agency. The Department may adopt rules to
13implement this subsection (k).
14 (l) No person may be employed under this Section in any
15capacity if:
16 (1) the person, while so employed, is being paid by
17 the United States or any political subdivision for the
18 time so employed in addition to any payments he or she may
19 receive from the employer; or
20 (2) the person wears any portion of his or her
21 official uniform, emblem of authority, or equipment while
22 so employed.
23 (m) If information is discovered affecting the
24registration of a person whose fingerprints were submitted
25under this Section, the Department shall so notify the agency
26that submitted the fingerprints on behalf of that person.

SB1948- 41 -LRB102 15817 RLC 21185 b
1 (n) Peace officers shall be exempt from the requirements
2of this Section relating to permanent employee registration
3cards. The agency shall remain responsible for any peace
4officer employed under this exemption, regardless of whether
5the peace officer is compensated as an employee or as an
6independent contractor and as further defined by rule.
7 (o) Persons who have no access to confidential or security
8information, who do not go to a client's or prospective
9client's residence or place of business, and who otherwise do
10not provide traditional security services are exempt from
11employee registration. Examples of exempt employees include,
12but are not limited to, employees working in the capacity of
13ushers, directors, ticket takers, cashiers, drivers, and
14reception personnel. Confidential or security information is
15that which pertains to employee files, scheduling, client
16contracts, or technical security and alarm data.
17 (p) An applicant who is 21 years of age or older seeking a
18religious exemption to the photograph requirement of this
19Section shall furnish with the application an approved copy of
20United States Department of the Treasury Internal Revenue
21Service Form 4029. Regardless of age, an applicant seeking a
22religious exemption to this photograph requirement shall
23submit fingerprints in a form and manner prescribed by the
24Department with his or her application in lieu of a
25photograph.
26(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)

SB1948- 42 -LRB102 15817 RLC 21185 b
1 (225 ILCS 447/35-35)
2 (Section scheduled to be repealed on January 1, 2024)
3 Sec. 35-35. Requirement of a firearm control card.
4 (a) No person shall perform duties that include the use,
5carrying, or possession of a firearm in the performance of
6those duties without complying with the provisions of this
7Section and having been issued a valid firearm control card by
8the Department.
9 (b) No employer shall employ any person to perform the
10duties for which licensure or employee registration is
11required and allow that person to carry a firearm unless that
12person has complied with all the firearm training requirements
13of this Section and has been issued a firearm control card.
14This Act permits only the following to carry firearms while
15actually engaged in the performance of their duties or while
16commuting directly to or from their places of employment:
17persons licensed as private detectives and their registered
18employees; persons licensed as private security contractors
19and their registered employees; persons licensed as private
20alarm contractors and their registered employees; and
21employees of a registered armed proprietary security force.
22 (c) Possession of a valid firearm control card allows a
23licensee or employee to carry a firearm not otherwise
24prohibited by law while the licensee or employee is engaged in
25the performance of his or her duties or while the licensee or

SB1948- 43 -LRB102 15817 RLC 21185 b
1employee is commuting directly to or from the licensee's or
2employee's place or places of employment.
3 (d) The Department shall issue a firearm control card to a
4person who has passed an approved firearm training course, who
5is currently licensed or employed by an agency licensed by
6this Act and has met all the requirements of this Act, and who
7is not prohibited under State or federal law from possessing a
8firearm possesses a valid firearm owner identification card.
9Application for the firearm control card shall be made by the
10employer to the Department on forms provided by the
11Department. The Department shall forward the card to the
12employer who shall be responsible for its issuance to the
13licensee or employee. The firearm control card shall be issued
14by the Department and shall identify the person holding it and
15the name of the course where the licensee or employee received
16firearm instruction and shall specify the type of weapon or
17weapons the person is authorized by the Department to carry
18and for which the person has been trained.
19 (e) Expiration and requirements for renewal of firearm
20control cards shall be determined by rule.
21 (f) The Department may, in addition to any other
22disciplinary action permitted by this Act, refuse to issue,
23suspend, or revoke a firearm control card if the applicant or
24holder has been convicted of any felony or crime involving the
25illegal use, carrying, or possession of a deadly weapon or for
26a violation of this Act or rules adopted promulgated under

SB1948- 44 -LRB102 15817 RLC 21185 b
1this Act. The Department shall refuse to issue or shall revoke
2a firearm control card if the applicant or holder is
3prohibited under State or federal law from possessing a
4firearm fails to possess a valid firearm owners identification
5card without hearing. The Secretary shall summarily suspend a
6firearm control card if the Secretary finds that its continued
7use would constitute an imminent danger to the public. A
8hearing shall be held before the Board within 30 days if the
9Secretary summarily suspends a firearm control card.
10 (g) Notwithstanding any other provision of this Act to the
11contrary, all requirements relating to firearms control cards
12do not apply to a peace officer. If an individual ceases to be
13employed as a peace officer and continues to perform services
14in an armed capacity under this Act that are licensed
15activities, then the individual is required to obtain a
16permanent employee registration card pursuant to Section 35-30
17of this Act and must possess a valid Firearm Owner's
18Identification Card, but is not required to obtain a firearm
19control card if the individual is otherwise in continuing
20compliance with the federal Law Enforcement Officers Safety
21Act of 2004. If an individual elects to carry a firearm
22pursuant to the federal Law Enforcement Officers Safety Act of
232004, then the agency employing the officer is required to
24submit a notice of that election to the Department along with a
25fee specified by rule.
26 (h) The Department may issue a temporary firearm control

SB1948- 45 -LRB102 15817 RLC 21185 b
1card pending issuance of a new firearm control card upon an
2agency's acquiring of an established armed account. An agency
3that has acquired armed employees as a result of acquiring an
4established armed account may, on forms supplied by the
5Department, request the issuance of a temporary firearm
6control card for each acquired employee who held a valid
7firearm control card under his or her employment with the
8newly acquired established armed account immediately preceding
9the acquiring of the account and who continues to meet all of
10the qualifications for issuance of a firearm control card set
11forth in this Act and any rules adopted under this Act. The
12Department shall, by rule, set the fee for issuance of a
13temporary firearm control card.
14 (i) The Department shall not issue a firearm control card
15to a licensed fingerprint vendor or a licensed locksmith or
16employees of a licensed fingerprint vendor agency or a
17licensed locksmith agency.
18(Source: P.A. 100-712, eff. 8-3-18.)
19 Section 50. The Mental Health and Developmental
20Disabilities Code is amended by changing Sections 6-103.1,
216-103.2, and 6-103.3 as follows:
22 (405 ILCS 5/6-103.1)
23 Sec. 6-103.1. Adjudication as a person with a mental
24disability. When a person has been adjudicated as a person

SB1948- 46 -LRB102 15817 RLC 21185 b
1with a mental disability as defined in Section 1.1 of the
2Firearm Owners Identification Card Act, including, but not
3limited to, an adjudication as a person with a disability as
4defined in Section 11a-2 of the Probate Act of 1975, the court
5shall direct the circuit court clerk to notify the Department
6of State Police, Firearm Owner's Identification (FOID) Office,
7in a form and manner prescribed by the Department of State
8Police, and shall forward a copy of the court order to the
9Department no later than 7 days after the entry of the order.
10Upon receipt of the order, the Department of State Police
11shall provide notification to the National Instant Criminal
12Background Check System. In this Section, "has been
13adjudicated as a mentally disabled person" means the person is
14the subject of a determination by a court, board, commission,
15or other lawful authority that the person, as a result of
16marked subnormal intelligence, or mental illness, mental
17impairment, incompetency, condition, or disease:
18 (1) presents a clear and present danger to himself,
19 herself, or to others;
20 (2) lacks the mental capacity to manage his or her own
21 affairs or is adjudicated a disabled person as defined in
22 Section 11a-2 of the Probate Act of 1975;
23 (3) is not guilty in a criminal case by reason of
24 insanity, mental disease or defect;
25 (3.5) is guilty but mentally ill, as provided in
26 Section 5-2-6 of the Unified Code of Corrections;

SB1948- 47 -LRB102 15817 RLC 21185 b
1 (4) is unfit to stand trial in a criminal case;
2 (5) is not guilty by reason of lack of mental
3 responsibility under Articles 50a and 72b of the Uniform
4 Code of Military Justice, 10 U.S.C. 850a, 876b;
5 (6) is a sexually violent person under subsection (f)
6 of Section 5 of the Sexually Violent Persons Commitment
7 Act;
8 (7) is a sexually dangerous person under the Sexually
9 Dangerous Persons Act;
10 (8) is unfit to stand trial under the Juvenile Court
11 Act of 1987;
12 (9) is not guilty by reason of insanity under the
13 Juvenile Court Act of 1987;
14 (10) is a person subject to involuntary admission on
15 an inpatient basis as defined in Section 1-119 of the
16 Mental Health and Developmental Disabilities Code;
17 (11) is a person subject to involuntary admission on
18 an outpatient basis as defined in Section 1-119.1 of the
19 Mental Health and Developmental Disabilities Code;
20 (12) is subject to judicial admission as set forth in
21 Section 4-500 of the Mental Health and Developmental
22 Disabilities Code; or
23 (13) is subject to the provisions of the Interstate
24 Agreements on Sexually Dangerous Persons Act.
25(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)

SB1948- 48 -LRB102 15817 RLC 21185 b
1 (405 ILCS 5/6-103.2)
2 Sec. 6-103.2. Developmental disability; notice. If a
3person 14 years old or older is determined to be a person with
4a developmental disability by a physician, clinical
5psychologist, or qualified examiner, the physician, clinical
6psychologist, or qualified examiner shall notify the
7Department of Human Services within 7 days of making the
8determination that the person has a developmental disability.
9The Department of Human Services shall immediately update its
10records and information relating to mental health and
11developmental disabilities, and if appropriate, shall notify
12the Department of State Police in a form and manner prescribed
13by the Department of State Police. Information disclosed under
14this Section shall remain privileged and confidential, and
15shall not be redisclosed, except as required under clause
16(e)(2) of Section 24-4.5 of the Criminal Code of 2012
17subsection (e) of Section 3.1 of the Firearm Owners
18Identification Card Act, nor used for any other purpose. The
19method of providing this information shall guarantee that the
20information is not released beyond that which is necessary for
21the purpose of this Section and shall be provided by rule by
22the Department of Human Services. The identity of the person
23reporting under this Section shall not be disclosed to the
24subject of the report.
25 The physician, clinical psychologist, or qualified
26examiner making the determination and his or her employer may

SB1948- 49 -LRB102 15817 RLC 21185 b
1not be held criminally, civilly, or professionally liable for
2making or not making the notification required under this
3Section, except for willful or wanton misconduct.
4 In this Section, "developmentally disabled" has the
5meaning ascribed to it in Section 12 of the Mental Health and
6Developmental Disabilities Confidentiality Act.
7 In For purposes of this Section, "developmental
8disability" means a disability which is attributable to any
9other condition which results in impairment similar to that
10caused by an intellectual disability and which requires
11services similar to those required by intellectually disabled
12persons. The disability must originate before the age of 18
13years, be expected to continue indefinitely, and constitute a
14substantial disability. This disability results, in the
15professional opinion of a physician, clinical psychologist, or
16qualified examiner, in significant functional limitations in 3
17or more of the following areas of major life activity:
18 (i) self-care;
19 (ii) receptive and expressive language;
20 (iii) learning;
21 (iv) mobility; or
22 (v) self-direction.
23 "Determined to be a person with a developmental disability
24by a physician, clinical psychologist, or qualified examiner"
25means in the professional opinion of the physician, clinical
26psychologist, or qualified examiner, a person is diagnosed,

SB1948- 50 -LRB102 15817 RLC 21185 b
1assessed, or evaluated as having a developmental disability.
2(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
3eff. 7-27-15; 99-642, eff. 7-28-16.)
4 (405 ILCS 5/6-103.3)
5 Sec. 6-103.3. Clear and present danger; notice. If a
6person is determined to pose a clear and present danger to
7himself, herself, or to others by a physician, clinical
8psychologist, or qualified examiner, whether employed by the
9State, by any public or private mental health facility or part
10thereof, or by a law enforcement official or a school
11administrator, then the physician, clinical psychologist,
12qualified examiner shall notify the Department of Human
13Services and a law enforcement official or school
14administrator shall notify the Department of State Police,
15within 24 hours of making the determination that the person
16poses a clear and present danger. The Department of Human
17Services shall immediately update its records and information
18relating to mental health and developmental disabilities, and
19if appropriate, shall notify the Department of State Police in
20a form and manner prescribed by the Department of State
21Police. Information disclosed under this Section shall remain
22privileged and confidential, and shall not be redisclosed,
23except as required under clause (e)(2) of Section 24-4.5 of
24the Criminal Code of 2012 subsection (e) of Section 3.1 of the
25Firearm Owners Identification Card Act, nor used for any other

SB1948- 51 -LRB102 15817 RLC 21185 b
1purpose. The method of providing this information shall
2guarantee that the information is not released beyond that
3which is necessary for the purpose of this Section and shall be
4provided by rule by the Department of Human Services. The
5identity of the person reporting under this Section shall not
6be disclosed to the subject of the report. The physician,
7clinical psychologist, qualified examiner, law enforcement
8official, or school administrator making the determination and
9his or her employer shall not be held criminally, civilly, or
10professionally liable for making or not making the
11notification required under this Section, except for willful
12or wanton misconduct. This Section does not apply to a law
13enforcement official, if making the notification under this
14Section will interfere with an ongoing or pending criminal
15investigation.
16 In For the purposes of this Section:
17 "Clear and present danger" means a person who:
18 (1) communicates a serious threat of physical
19 violence against a reasonably identifiable victim or
20 poses a clear and imminent risk of serious physical
21 injury to himself, herself, or another person as
22 determined by a physician, clinical psychologist, or
23 qualified examiner; or
24 (2) demonstrates threatening physical or verbal
25 behavior, such as violent, suicidal, or assaultive
26 threats, actions, or other behavior, as determined by

SB1948- 52 -LRB102 15817 RLC 21185 b
1 a physician, clinical psychologist, qualified
2 examiner, school administrator, or law enforcement
3 official.
4 "Physician", "clinical psychologist", and "qualified
5 examiner" have the meanings ascribed to them in the Mental
6 Health and Developmental Disabilities Code has the meaning
7 ascribed to it in Section 1.1 of the Firearm Owners
8 Identification Card Act.
9 "Determined to pose a clear and present danger to
10 himself, herself, or to others by a physician, clinical
11 psychologist, or qualified examiner" means in the
12 professional opinion of the physician, clinical
13 psychologist, or qualified examiner, a person poses a
14 clear and present danger.
15 "School administrator" means the person required to
16 report under the School Administrator Reporting of Mental
17 Health Clear and Present Danger Determinations Law.
18(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
19 Section 55. The Lead Poisoning Prevention Act is amended
20by changing Section 2 as follows:
21 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
22 Sec. 2. Definitions. As used in this Act:
23 "Child care facility" means any structure used by a child
24care provider licensed by the Department of Children and

SB1948- 53 -LRB102 15817 RLC 21185 b
1Family Services or public or private school structure
2frequented by children 6 years of age or younger.
3 "Childhood Lead Risk Questionnaire" means the
4questionnaire developed by the Department for use by
5physicians and other health care providers to determine risk
6factors for children 6 years of age or younger residing in
7areas designated as low risk for lead exposure.
8 "Delegate agency" means a unit of local government or
9health department approved by the Department to carry out the
10provisions of this Act.
11 "Department" means the Department of Public Health.
12 "Director" means the Director of Public Health.
13 "Dwelling unit" means an individual unit within a
14residential building used as living quarters for one
15household.
16 "Elevated blood lead level" means a blood lead level in
17excess of the limits established under State rules.
18 "Exposed surface" means any interior or exterior surface
19of a regulated facility.
20 "High risk area" means an area in the State determined by
21the Department to be high risk for lead exposure for children 6
22years of age or younger. The Department may consider, but is
23not limited to, the following factors to determine a high risk
24area: age and condition (using Department of Housing and Urban
25Development definitions of "slum" and "blighted") of housing,
26proximity to highway traffic or heavy local traffic or both,

SB1948- 54 -LRB102 15817 RLC 21185 b
1percentage of housing determined as rental or vacant,
2proximity to industry using lead, established incidence of
3elevated blood lead levels in children, percentage of
4population living below 200% of federal poverty guidelines,
5and number of children residing in the area who are 6 years of
6age or younger.
7 "Lead abatement" means any approved work practices that
8will permanently eliminate lead exposure or remove the
9lead-bearing substances in a regulated facility. The
10Department shall establish by rule which work practices are
11approved or prohibited for lead abatement.
12 "Lead abatement contractor" means any person or entity
13licensed by the Department to perform lead abatement and
14mitigation.
15 "Lead abatement supervisor" means any person employed by a
16lead abatement contractor and licensed by the Department to
17perform lead abatement and lead mitigation and to supervise
18lead workers who perform lead abatement and lead mitigation.
19 "Lead abatement worker" means any person employed by a
20lead abatement contractor and licensed by the Department to
21perform lead abatement and mitigation.
22 "Lead activities" means the conduct of any lead services,
23including, lead inspection, lead risk assessment, lead
24mitigation, or lead abatement work or supervision in a
25regulated facility.
26 "Lead-bearing substance" means any item containing or

SB1948- 55 -LRB102 15817 RLC 21185 b
1coated with lead such that the lead content is more than
2six-hundredths of one percent (0.06%) lead by total weight; or
3any dust on surfaces or in furniture or other nonpermanent
4elements of the regulated facility; or any paint or other
5surface coating material containing more than five-tenths of
6one percent (0.5%) lead by total weight (calculated as lead
7metal) in the total non-volatile content of liquid paint; or
8lead-bearing substances containing greater than one milligram
9per square centimeter or any lower standard for lead content
10in residential paint as may be established by federal law or
11rule; or more than 1 milligram per square centimeter in the
12dried film of paint or previously applied substance; or item
13or dust on item containing lead in excess of the amount
14specified in the rules authorized by this Act or a lower
15standard for lead content as may be established by federal law
16or rule. "Lead-bearing substance" does not include firearm
17ammunition or components as defined by Section 2-7.1 of the
18Criminal Code of 2012 the Firearm Owners Identification Card
19Act.
20 "Lead hazard" means a lead-bearing substance that poses an
21immediate health hazard to humans.
22 "Lead hazard screen" means a lead risk assessment that
23involves limited dust and paint sampling for lead-bearing
24substances and lead hazards. This service is used as a
25screening tool designed to determine if further lead
26investigative services are required for the regulated

SB1948- 56 -LRB102 15817 RLC 21185 b
1facility.
2 "Lead inspection" means a surface-by-surface investigation
3to determine the presence of lead-based paint.
4 "Lead inspector" means an individual who has been trained
5by a Department-approved training program and is licensed by
6the Department to conduct lead inspections; to sample for the
7presence of lead in paint, dust, soil, and water; and to
8conduct compliance investigations.
9 "Lead mitigation" means the remediation, in a manner
10described in Section 9, of a lead hazard so that the
11lead-bearing substance does not pose an immediate health
12hazard to humans.
13 "Lead poisoning" means having an elevated blood lead
14level.
15 "Lead risk assessment" means an on-site investigation to
16determine the existence, nature, severity, and location of
17lead hazards. "Lead risk assessment" includes any lead
18sampling and visual assessment associated with conducting a
19lead risk assessment and lead hazard screen and all lead
20sampling associated with compliance investigations.
21 "Lead risk assessor" means an individual who has been
22trained by a Department-approved training program and is
23licensed by the Department to conduct lead risk assessments,
24lead inspections, and lead hazard screens; to sample for the
25presence of lead in paint, dust, soil, water, and sources for
26lead-bearing substances; and to conduct compliance

SB1948- 57 -LRB102 15817 RLC 21185 b
1investigations.
2 "Lead training program provider" means any person
3providing Department-approved lead training in Illinois to
4individuals seeking licensure in accordance with the Act.
5 "Low risk area" means an area in the State determined by
6the Department to be low risk for lead exposure for children 6
7years of age or younger. The Department may consider the
8factors named in "high risk area" to determine low risk areas.
9 "Owner" means any person, who alone, jointly, or severally
10with others:
11 (a) Has legal title to any regulated facility, with or
12 without actual possession of the regulated facility, or
13 (b) Has charge, care, or control of the regulated
14 facility as owner or agent of the owner, or as executor,
15 administrator, trustee, or guardian of the estate of the
16 owner.
17 "Person" means any individual, partnership, firm, company,
18limited liability company, corporation, association, joint
19stock company, trust, estate, political subdivision, State
20agency, or any other legal entity, or their legal
21representative, agent, or assign.
22 "Regulated facility" means a residential building or child
23care facility.
24 "Residential building" means any room, group of rooms, or
25other interior areas of a structure designed or used for human
26habitation; common areas accessible by inhabitants; and the

SB1948- 58 -LRB102 15817 RLC 21185 b
1surrounding property or structures.
2(Source: P.A. 100-723, eff. 1-1-19.)
3 (430 ILCS 65/Act rep.)
4 Section 60. The Firearm Owners Identification Card Act is
5repealed.
6 Section 65. The Firearm Concealed Carry Act is amended by
7changing Sections 25, 30, 40, 70, 80, and 105 as follows:
8 (430 ILCS 66/25)
9 Sec. 25. Qualifications for a license.
10 The Department shall issue a license to an applicant
11completing an application in accordance with Section 30 of
12this Act if the person:
13 (1) is at least 21 years of age;
14 (2) has a currently valid Firearm Owner's
15 Identification Card and at the time of application meets
16 the requirements for the issuance of a Firearm Owner's
17 Identification Card and is not prohibited under State or
18 the Firearm Owners Identification Card Act or federal law
19 from possessing or receiving a firearm;
20 (3) has not been convicted or found guilty in this
21 State or in any other state of:
22 (A) a misdemeanor involving the use or threat of
23 physical force or violence to any person within the 5

SB1948- 59 -LRB102 15817 RLC 21185 b
1 years preceding the date of the license application;
2 or
3 (B) 2 or more violations related to driving while
4 under the influence of alcohol, other drug or drugs,
5 intoxicating compound or compounds, or any combination
6 thereof, within the 5 years preceding the date of the
7 license application;
8 (4) is not the subject of a pending arrest warrant,
9 prosecution, or proceeding for an offense or action that
10 could lead to disqualification to own or possess a
11 firearm;
12 (5) has not been in residential or court-ordered
13 treatment for alcoholism, alcohol detoxification, or drug
14 treatment within the 5 years immediately preceding the
15 date of the license application; and
16 (6) has completed firearms training and any education
17 component required under Section 75 of this Act.
18(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
19 (430 ILCS 66/30)
20 Sec. 30. Contents of license application.
21 (a) The license application shall be in writing, under
22penalty of perjury, on a standard form adopted by the
23Department and shall be accompanied by the documentation
24required in this Section and the applicable fee. Each
25application form shall include the following statement printed

SB1948- 60 -LRB102 15817 RLC 21185 b
1in bold type: "Warning: Entering false information on this
2form is punishable as perjury under Section 32-2 of the
3Criminal Code of 2012."
4 (b) The application shall contain the following:
5 (1) the applicant's name, current address, date and
6 year of birth, place of birth, height, weight, hair color,
7 eye color, maiden name or any other name the applicant has
8 used or identified with, and any address where the
9 applicant resided for more than 30 days within the 10
10 years preceding the date of the license application;
11 (2) the applicant's valid driver's license number or
12 valid state identification card number;
13 (3) a waiver of the applicant's privacy and
14 confidentiality rights and privileges under all federal
15 and state laws, including those limiting access to
16 juvenile court, criminal justice, psychological, or
17 psychiatric records or records relating to any
18 institutionalization of the applicant, and an affirmative
19 request that a person having custody of any of these
20 records provide it or information concerning it to the
21 Department. The waiver only applies to records sought in
22 connection with determining whether the applicant
23 qualifies for a license to carry a concealed firearm under
24 this Act, or whether the applicant remains in compliance
25 with the Firearm Owners Identification Card Act;
26 (4) an affirmation that the applicant is not

SB1948- 61 -LRB102 15817 RLC 21185 b
1 prohibited under State or federal law from possessing or
2 receiving a firearm possesses a currently valid Firearm
3 Owner's Identification Card and card number if possessed
4 or notice the applicant is applying for a Firearm Owner's
5 Identification Card in conjunction with the license
6 application;
7 (5) an affirmation that the applicant has not been
8 convicted or found guilty of:
9 (A) a felony;
10 (B) a misdemeanor involving the use or threat of
11 physical force or violence to any person within the 5
12 years preceding the date of the application; or
13 (C) 2 or more violations related to driving while
14 under the influence of alcohol, other drug or drugs,
15 intoxicating compound or compounds, or any combination
16 thereof, within the 5 years preceding the date of the
17 license application; and
18 (6) whether the applicant has failed a drug test for a
19 drug for which the applicant did not have a prescription,
20 within the previous year, and if so, the provider of the
21 test, the specific substance involved, and the date of the
22 test;
23 (7) written consent for the Department to review and
24 use the applicant's Illinois digital driver's license or
25 Illinois identification card photograph and signature;
26 (8) a full set of fingerprints submitted to the

SB1948- 62 -LRB102 15817 RLC 21185 b
1 Department in electronic format, provided the Department
2 may accept an application submitted without a set of
3 fingerprints in which case the Department shall be granted
4 30 days in addition to the 90 days provided under
5 subsection (e) of Section 10 of this Act to issue or deny a
6 license;
7 (9) a head and shoulder color photograph in a size
8 specified by the Department taken within the 30 days
9 preceding the date of the license application; and
10 (10) a photocopy of any certificates or other evidence
11 of compliance with the training requirements under this
12 Act.
13(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
14 (430 ILCS 66/40)
15 Sec. 40. Non-resident license applications.
16 (a) For the purposes of this Section, "non-resident" means
17a person who has not resided within this State for more than 30
18days and resides in another state or territory.
19 (b) The Department shall by rule allow for non-resident
20license applications from any state or territory of the United
21States with laws related to firearm ownership, possession, and
22carrying, that are substantially similar to the requirements
23to obtain a license under this Act.
24 (c) A resident of a state or territory approved by the
25Department under subsection (b) of this Section may apply for

SB1948- 63 -LRB102 15817 RLC 21185 b
1a non-resident license. The applicant shall apply to the
2Department and must meet all of the qualifications established
3in Section 25 of this Act, except for the Illinois residency
4requirement in item (xiv) of paragraph (2) of subsection (a)
5of Section 4 of the Firearm Owners Identification Card Act.
6The applicant shall submit:
7 (1) the application and documentation required under
8 Section 30 of this Act and the applicable fee;
9 (2) a notarized document stating that the applicant:
10 (A) is eligible under federal law and the laws of
11 his or her state or territory of residence to own or
12 possess a firearm;
13 (B) if applicable, has a license or permit to
14 carry a firearm or concealed firearm issued by his or
15 her state or territory of residence and attach a copy
16 of the license or permit to the application;
17 (C) understands Illinois laws pertaining to the
18 possession and transport of firearms; and
19 (D) acknowledges that the applicant is subject to
20 the jurisdiction of the Department and Illinois courts
21 for any violation of this Act;
22 (3) a photocopy of any certificates or other evidence
23 of compliance with the training requirements under Section
24 75 of this Act; and
25 (4) a head and shoulder color photograph in a size
26 specified by the Department taken within the 30 days

SB1948- 64 -LRB102 15817 RLC 21185 b
1 preceding the date of the application.
2 (d) In lieu of an Illinois driver's license or Illinois
3identification card, a non-resident applicant shall provide
4similar documentation from his or her state or territory of
5residence. The applicant shall submit In lieu of a valid
6Firearm Owner's Identification Card, the applicant shall
7submit documentation and information required by the
8Department to obtain a Firearm Owner's Identification Card,
9including an affidavit that the non-resident meets the mental
10health standards to obtain a firearm under Illinois law, and
11the Department shall ensure that the applicant would meet the
12eligibility criteria under State law to possess a firearm to
13obtain a Firearm Owner's Identification card if he or she was a
14resident of this State.
15 (e) Nothing in this Act shall prohibit a non-resident from
16transporting a concealed firearm within his or her vehicle in
17Illinois, if the concealed firearm remains within his or her
18vehicle and the non-resident:
19 (1) is not prohibited from owning or possessing a
20 firearm under federal law;
21 (2) is eligible to carry a firearm in public under the
22 laws of his or her state or territory of residence, as
23 evidenced by the possession of a concealed carry license
24 or permit issued by his or her state of residence, if
25 applicable; and
26 (3) is not in possession of a license under this Act.

SB1948- 65 -LRB102 15817 RLC 21185 b
1 If the non-resident leaves his or her vehicle unattended,
2he or she shall store the firearm within a locked vehicle or
3locked container within the vehicle in accordance with
4subsection (b) of Section 65 of this Act.
5(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
6eff. 7-20-15.)
7 (430 ILCS 66/70)
8 Sec. 70. Violations.
9 (a) A license issued or renewed under this Act shall be
10revoked if, at any time, the licensee is found to be ineligible
11for a license under this Act or the licensee is prohibited from
12possessing a firearm under State or federal law no longer
13meets the eligibility requirements of the Firearm Owners
14Identification Card Act.
15 (b) A license shall be suspended if an order of
16protection, including an emergency order of protection,
17plenary order of protection, or interim order of protection
18under Article 112A of the Code of Criminal Procedure of 1963 or
19under the Illinois Domestic Violence Act of 1986, or if a
20firearms restraining order, including an emergency firearms
21restraining order, under the Firearms Restraining Order Act,
22is issued against a licensee for the duration of the order, or
23if the Department is made aware of a similar order issued
24against the licensee in any other jurisdiction. If an order of
25protection is issued against a licensee, the licensee shall

SB1948- 66 -LRB102 15817 RLC 21185 b
1surrender the license, as applicable, to the court at the time
2the order is entered or to the law enforcement agency or entity
3serving process at the time the licensee is served the order.
4The court, law enforcement agency, or entity responsible for
5serving the order of protection shall notify the Department
6within 7 days and transmit the license to the Department.
7 (c) A license is invalid upon expiration of the license,
8unless the licensee has submitted an application to renew the
9license, and the applicant is otherwise eligible to possess a
10license under this Act.
11 (d) A licensee shall not carry a concealed firearm while
12under the influence of alcohol, other drug or drugs,
13intoxicating compound or combination of compounds, or any
14combination thereof, under the standards set forth in
15subsection (a) of Section 11-501 of the Illinois Vehicle Code.
16 A licensee in violation of this subsection (d) shall be
17guilty of a Class A misdemeanor for a first or second violation
18and a Class 4 felony for a third violation. The Department may
19suspend a license for up to 6 months for a second violation and
20shall permanently revoke a license for a third violation.
21 (e) Except as otherwise provided, a licensee in violation
22of this Act shall be guilty of a Class B misdemeanor. A second
23or subsequent violation is a Class A misdemeanor. The
24Department may suspend a license for up to 6 months for a
25second violation and shall permanently revoke a license for 3
26or more violations of Section 65 of this Act. Any person

SB1948- 67 -LRB102 15817 RLC 21185 b
1convicted of a violation under this Section shall pay a $150
2fee to be deposited into the Mental Health Reporting Fund,
3plus any applicable court costs or fees.
4 (f) A licensee convicted or found guilty of a violation of
5this Act who has a valid license and is otherwise eligible to
6carry a concealed firearm shall only be subject to the
7penalties under this Section and shall not be subject to the
8penalties under Section 21-6, paragraph (4), (8), or (10) of
9subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
10of paragraph (3) of subsection (a) of Section 24-1.6 of the
11Criminal Code of 2012. Except as otherwise provided in this
12subsection, nothing in this subsection prohibits the licensee
13from being subjected to penalties for violations other than
14those specified in this Act.
15 (g) A licensee whose license is revoked, suspended, or
16denied shall, within 48 hours of receiving notice of the
17revocation, suspension, or denial, surrender his or her
18concealed carry license to the local law enforcement agency
19where the person resides. The local law enforcement agency
20shall provide the licensee a receipt and transmit the
21concealed carry license to the Department of State Police. If
22the licensee whose concealed carry license has been revoked,
23suspended, or denied fails to comply with the requirements of
24this subsection, the law enforcement agency where the person
25resides may petition the circuit court to issue a warrant to
26search for and seize the concealed carry license in the

SB1948- 68 -LRB102 15817 RLC 21185 b
1possession and under the custody or control of the licensee
2whose concealed carry license has been revoked, suspended, or
3denied. The observation of a concealed carry license in the
4possession of a person whose license has been revoked,
5suspended, or denied constitutes a sufficient basis for the
6arrest of that person for violation of this subsection. A
7violation of this subsection is a Class A misdemeanor.
8 (h) (Blank). A license issued or renewed under this Act
9shall be revoked if, at any time, the licensee is found
10ineligible for a Firearm Owner's Identification Card, or the
11licensee no longer possesses a valid Firearm Owner's
12Identification Card. A licensee whose license is revoked under
13this subsection (h) shall surrender his or her concealed carry
14license as provided for in subsection (g) of this Section.
15 This subsection shall not apply to a person who has filed
16an application with the State Police for renewal of a Firearm
17Owner's Identification Card and who is not otherwise
18ineligible to obtain a Firearm Owner's Identification Card.
19 (i) A certified firearms instructor who knowingly provides
20or offers to provide a false certification that an applicant
21has completed firearms training as required under this Act is
22guilty of a Class A misdemeanor. A person guilty of a violation
23of this subsection (i) is not eligible for court supervision.
24The Department shall permanently revoke the firearms
25instructor certification of a person convicted under this
26subsection (i).

SB1948- 69 -LRB102 15817 RLC 21185 b
1(Source: P.A. 100-607, eff. 1-1-19.)
2 (430 ILCS 66/80)
3 Sec. 80. Certified firearms instructors.
4 (a) Within 60 days of the effective date of this Act, the
5Department shall begin approval of certified firearms
6instructors and enter certified firearms instructors into an
7online registry on the Department's website.
8 (b) A person who is not a certified firearms instructor
9shall not teach applicant training courses or advertise or
10otherwise represent courses they teach as qualifying their
11students to meet the requirements to receive a license under
12this Act. Each violation of this subsection is a business
13offense with a fine of at least $1,000 per violation.
14 (c) A person seeking to become a certified firearms
15instructor shall:
16 (1) be at least 21 years of age;
17 (2) be a legal resident of the United States; and
18 (3) meet the requirements of Section 25 of this Act,
19 except for the Illinois residency requirement in item
20 (xiv) of paragraph (2) of subsection (a) of Section 4 of
21 the Firearm Owners Identification Card Act; and any
22 additional uniformly applied requirements established by
23 the Department.
24 (d) A person seeking to become a certified firearms
25instructor, in addition to the requirements of subsection (c)

SB1948- 70 -LRB102 15817 RLC 21185 b
1of this Section, shall:
2 (1) possess a high school diploma or high school
3 equivalency certificate; and
4 (2) have at least one of the following valid firearms
5 instructor certifications:
6 (A) certification from a law enforcement agency;
7 (B) certification from a firearm instructor course
8 offered by a State or federal governmental agency;
9 (C) certification from a firearm instructor
10 qualification course offered by the Illinois Law
11 Enforcement Training Standards Board; or
12 (D) certification from an entity approved by the
13 Department that offers firearm instructor education
14 and training in the use and safety of firearms.
15 (e) A person may have his or her firearms instructor
16certification denied or revoked if he or she does not meet the
17requirements to obtain a license under this Act, provides
18false or misleading information to the Department, or has had
19a prior instructor certification revoked or denied by the
20Department.
21(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13;
2298-718, eff. 1-1-15.)
23 (430 ILCS 66/105)
24 Sec. 105. Duty of school administrator. It is the duty of
25the principal of a public elementary or secondary school, or

SB1948- 71 -LRB102 15817 RLC 21185 b
1his or her designee, and the chief administrative officer of a
2private elementary or secondary school or a public or private
3community college, college, or university, or his or her
4designee, to report to the Department of State Police when a
5student is determined to pose a clear and present danger to
6himself, herself, or to others, within 24 hours of the
7determination as provided in Section 6-103.3 of the Mental
8Health and Developmental Disabilities Code. "Clear and present
9danger" has the meaning as provided in paragraph (2) of the
10definition of "clear and present danger" in Section 6-103.3 of
11the Mental Health and Developmental Disabilities Code 1.1 of
12the Firearm Owners Identification Card Act.
13(Source: P.A. 98-63, eff. 7-9-13.)
14 Section 66. The Firearms Restraining Order Act is amended
15by changing Sections 35 and 40 as follows:
16 (430 ILCS 67/35)
17 Sec. 35. Ex parte orders and emergency hearings.
18 (a) A petitioner may request an emergency firearms
19restraining order by filing an affidavit or verified pleading
20alleging that the respondent poses an immediate and present
21danger of causing personal injury to himself, herself, or
22another by having in his or her custody or control,
23purchasing, possessing, or receiving a firearm. The petition
24shall also describe the type and location of any firearm or

SB1948- 72 -LRB102 15817 RLC 21185 b
1firearms presently believed by the petitioner to be possessed
2or controlled by the respondent.
3 (b) If the respondent is alleged to pose an immediate and
4present danger of causing personal injury to an intimate
5partner, or an intimate partner is alleged to have been the
6target of a threat or act of violence by the respondent, the
7petitioner shall make a good faith effort to provide notice to
8any and all intimate partners of the respondent. The notice
9must include that the petitioner intends to petition the court
10for an emergency firearms restraining order, and, if the
11petitioner is a law enforcement officer, referral to relevant
12domestic violence or stalking advocacy or counseling
13resources, if appropriate. The petitioner shall attest to
14having provided the notice in the filed affidavit or verified
15pleading. If, after making a good faith effort, the petitioner
16is unable to provide notice to any or all intimate partners,
17the affidavit or verified pleading should describe what
18efforts were made.
19 (c) Every person who files a petition for an emergency
20firearms restraining order, knowing the information provided
21to the court at any hearing or in the affidavit or verified
22pleading to be false, is guilty of perjury under Section 32-2
23of the Criminal Code of 2012.
24 (d) An emergency firearms restraining order shall be
25issued on an ex parte basis, that is, without notice to the
26respondent.

SB1948- 73 -LRB102 15817 RLC 21185 b
1 (e) An emergency hearing held on an ex parte basis shall be
2held the same day that the petition is filed or the next day
3that the court is in session.
4 (f) If a circuit or associate judge finds probable cause
5to believe that the respondent poses an immediate and present
6danger of causing personal injury to himself, herself, or
7another by having in his or her custody or control,
8purchasing, possessing, or receiving a firearm, the circuit or
9associate judge shall issue an emergency order.
10 (f-5) If the court issues an emergency firearms
11restraining order, it shall, upon a finding of probable cause
12that the respondent possesses firearms, issue a search warrant
13directing a law enforcement agency to seize the respondent's
14firearms. The court may, as part of that warrant, direct the
15law enforcement agency to search the respondent's residence
16and other places where the court finds there is probable cause
17to believe he or she is likely to possess the firearms.
18 (g) An emergency firearms restraining order shall require:
19 (1) the respondent to refrain from having in his or
20 her custody or control, purchasing, possessing, or
21 receiving additional firearms for the duration of the
22 order; and
23 (2) the respondent to turn over to the local law
24 enforcement agency any Firearm Owner's Identification Card
25 and concealed carry license in his or her possession. The
26 local law enforcement agency shall immediately mail the

SB1948- 74 -LRB102 15817 RLC 21185 b
1 card and concealed carry license to the Department of
2 State Police Firearm Services Bureau for safekeeping. The
3 firearm or firearms and Firearm Owner's Identification
4 Card and concealed carry license, if unexpired, shall be
5 returned to the respondent after the firearms restraining
6 order is terminated or expired.
7 (h) Except as otherwise provided in subsection (h-5) of
8this Section, upon expiration of the period of safekeeping, if
9the firearms or Firearm Owner's Identification Card and
10concealed carry license cannot be returned to the respondent
11because the respondent cannot be located, fails to respond to
12requests to retrieve the firearms, or is not lawfully eligible
13to possess a firearm, upon petition from the local law
14enforcement agency, the court may order the local law
15enforcement agency to destroy the firearms, use the firearms
16for training purposes, or use the firearms for any other
17application as deemed appropriate by the local law enforcement
18agency.
19 (h-5) A respondent whose firearms have been turned over to
20a local law enforcement agency Firearm Owner's Identification
21Card has been revoked or suspended may petition the court, if
22the petitioner is present in court or has notice of the
23respondent's petition, to transfer the respondent's firearm to
24a person who is lawfully able to possess the firearm if the
25person does not reside at the same address as the respondent.
26Notice of the petition shall be served upon the person

SB1948- 75 -LRB102 15817 RLC 21185 b
1protected by the emergency firearms restraining order. While
2the order is in effect, the transferee who receives the
3respondent's firearms must swear or affirm by affidavit that
4he or she shall not transfer the firearm to the respondent or
5to anyone residing in the same residence as the respondent.
6 (h-6) If a person other than the respondent claims title
7to any firearms surrendered under this Section, he or she may
8petition the court, if the petitioner is present in court or
9has notice of the petition, to have the firearm returned to him
10or her. If the court determines that person to be the lawful
11owner of the firearm, the firearm shall be returned to him or
12her, provided that:
13 (1) the firearm is removed from the respondent's
14 custody, control, or possession and the lawful owner
15 agrees to store the firearm in a manner such that the
16 respondent does not have access to or control of the
17 firearm; and
18 (2) the firearm is not otherwise unlawfully possessed
19 by the owner.
20 The person petitioning for the return of his or her
21firearm must swear or affirm by affidavit that he or she: (i)
22is the lawful owner of the firearm; (ii) shall not transfer the
23firearm to the respondent; and (iii) will store the firearm in
24a manner that the respondent does not have access to or control
25of the firearm.
26 (i) In accordance with subsection (e) of this Section, the

SB1948- 76 -LRB102 15817 RLC 21185 b
1court shall schedule a full hearing as soon as possible, but no
2longer than 14 days from the issuance of an ex parte firearms
3restraining order, to determine if a 6-month firearms
4restraining order shall be issued. The court may extend an ex
5parte order as needed, but not to exceed 14 days, to effectuate
6service of the order or if necessary to continue protection.
7The court may extend the order for a greater length of time by
8mutual agreement of the parties.
9(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
10 (430 ILCS 67/40)
11 Sec. 40. Six-month orders.
12 (a) A petitioner may request a 6-month firearms
13restraining order by filing an affidavit or verified pleading
14alleging that the respondent poses a significant danger of
15causing personal injury to himself, herself, or another in the
16near future by having in his or her custody or control,
17purchasing, possessing, or receiving a firearm. The petition
18shall also describe the number, types, and locations of any
19firearms presently believed by the petitioner to be possessed
20or controlled by the respondent.
21 (b) If the respondent is alleged to pose a significant
22danger of causing personal injury to an intimate partner, or
23an intimate partner is alleged to have been the target of a
24threat or act of violence by the respondent, the petitioner
25shall make a good faith effort to provide notice to any and all

SB1948- 77 -LRB102 15817 RLC 21185 b
1intimate partners of the respondent. The notice must include
2that the petitioner intends to petition the court for a
36-month firearms restraining order, and, if the petitioner is
4a law enforcement officer, referral to relevant domestic
5violence or stalking advocacy or counseling resources, if
6appropriate. The petitioner shall attest to having provided
7the notice in the filed affidavit or verified pleading. If,
8after making a good faith effort, the petitioner is unable to
9provide notice to any or all intimate partners, the affidavit
10or verified pleading should describe what efforts were made.
11 (c) Every person who files a petition for a 6-month
12firearms restraining order, knowing the information provided
13to the court at any hearing or in the affidavit or verified
14pleading to be false, is guilty of perjury under Section 32-2
15of the Criminal Code of 2012.
16 (d) Upon receipt of a petition for a 6-month firearms
17restraining order, the court shall order a hearing within 30
18days.
19 (e) In determining whether to issue a firearms restraining
20order under this Section, the court shall consider evidence
21including, but not limited to, the following:
22 (1) The unlawful and reckless use, display, or
23 brandishing of a firearm by the respondent.
24 (2) The history of use, attempted use, or threatened
25 use of physical force by the respondent against another
26 person.

SB1948- 78 -LRB102 15817 RLC 21185 b
1 (3) Any prior arrest of the respondent for a felony
2 offense.
3 (4) Evidence of the abuse of controlled substances or
4 alcohol by the respondent.
5 (5) A recent threat of violence or act of violence by
6 the respondent directed toward himself, herself, or
7 another.
8 (6) A violation of an emergency order of protection
9 issued under Section 217 of the Illinois Domestic Violence
10 Act of 1986 or Section 112A-17 of the Code of Criminal
11 Procedure of 1963 or of an order of protection issued
12 under Section 214 of the Illinois Domestic Violence Act of
13 1986 or Section 112A-14 of the Code of Criminal Procedure
14 of 1963.
15 (7) A pattern of violent acts or violent threats,
16 including, but not limited to, threats of violence or acts
17 of violence by the respondent directed toward himself,
18 herself, or another.
19 (f) At the hearing, the petitioner shall have the burden
20of proving, by clear and convincing evidence, that the
21respondent poses a significant danger of personal injury to
22himself, herself, or another by having in his or her custody or
23control, purchasing, possessing, or receiving a firearm.
24 (g) If the court finds that there is clear and convincing
25evidence to issue a firearms restraining order, the court
26shall issue a firearms restraining order that shall be in

SB1948- 79 -LRB102 15817 RLC 21185 b
1effect for 6 months subject to renewal under Section 45 of this
2Act or termination under that Section.
3 (g-5) If the court issues a 6-month firearms restraining
4order, it shall, upon a finding of probable cause that the
5respondent possesses firearms, issue a search warrant
6directing a law enforcement agency to seize the respondent's
7firearms. The court may, as part of that warrant, direct the
8law enforcement agency to search the respondent's residence
9and other places where the court finds there is probable cause
10to believe he or she is likely to possess the firearms.
11 (h) A 6-month firearms restraining order shall require:
12 (1) the respondent to refrain from having in his or
13 her custody or control, purchasing, possessing, or
14 receiving additional firearms for the duration of the
15 order; and
16 (2) the respondent to turn over to the local law
17 enforcement agency any firearm or Firearm Owner's
18 Identification Card and concealed carry license in his or
19 her possession. The local law enforcement agency shall
20 immediately mail the card and concealed carry license to
21 the Department of State Police Firearm Services Bureau for
22 safekeeping. The firearm or firearms and Firearm Owner's
23 Identification Card and concealed carry license, if
24 unexpired, shall be returned to the respondent after the
25 firearms restraining order is terminated or expired.
26 (i) Except as otherwise provided in subsection (i-5) of

SB1948- 80 -LRB102 15817 RLC 21185 b
1this Section, upon expiration of the period of safekeeping, if
2the firearms or Firearm Owner's Identification Card cannot be
3returned to the respondent because the respondent cannot be
4located, fails to respond to requests to retrieve the
5firearms, or is not lawfully eligible to possess a firearm,
6upon petition from the local law enforcement agency, the court
7may order the local law enforcement agency to destroy the
8firearms, use the firearms for training purposes, or use the
9firearms for any other application as deemed appropriate by
10the local law enforcement agency.
11 (i-5) A respondent whose firearms have been turned over to
12a local law enforcement agency Firearm Owner's Identification
13Card has been revoked or suspended may petition the court, if
14the petitioner is present in court or has notice of the
15respondent's petition, to transfer the respondent's firearm to
16a person who is lawfully able to possess the firearm if the
17person does not reside at the same address as the respondent.
18Notice of the petition shall be served upon the person
19protected by the emergency firearms restraining order. While
20the order is in effect, the transferee who receives the
21respondent's firearms must swear or affirm by affidavit that
22he or she shall not transfer the firearm to the respondent or
23to anyone residing in the same residence as the respondent.
24 (i-6) If a person other than the respondent claims title
25to any firearms surrendered under this Section, he or she may
26petition the court, if the petitioner is present in court or

SB1948- 81 -LRB102 15817 RLC 21185 b
1has notice of the petition, to have the firearm returned to him
2or her. If the court determines that person to be the lawful
3owner of the firearm, the firearm shall be returned to him or
4her, provided that:
5 (1) the firearm is removed from the respondent's
6 custody, control, or possession and the lawful owner
7 agrees to store the firearm in a manner such that the
8 respondent does not have access to or control of the
9 firearm; and
10 (2) the firearm is not otherwise unlawfully possessed
11 by the owner.
12 The person petitioning for the return of his or her
13firearm must swear or affirm by affidavit that he or she: (i)
14is the lawful owner of the firearm; (ii) shall not transfer the
15firearm to the respondent; and (iii) will store the firearm in
16a manner that the respondent does not have access to or control
17of the firearm.
18 (j) If the court does not issue a firearms restraining
19order at the hearing, the court shall dissolve any emergency
20firearms restraining order then in effect.
21 (k) When the court issues a firearms restraining order
22under this Section, the court shall inform the respondent that
23he or she is entitled to one hearing during the period of the
24order to request a termination of the order, under Section 45
25of this Act, and shall provide the respondent with a form to
26request a hearing.

SB1948- 82 -LRB102 15817 RLC 21185 b
1(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
2 Section 68. The Firearm Dealer License Certification Act
3is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
4follows:
5 (430 ILCS 68/5-20)
6 Sec. 5-20. Additional licensee requirements.
7 (a) A certified licensee shall make a photo copy of a
8buyer's or transferee's valid photo identification card
9whenever a firearm sale transaction takes place. The photo
10copy shall be attached to the documentation detailing the
11record of sale.
12 (b) A certified licensee shall post in a conspicuous
13position on the premises where the licensee conducts business
14a sign that contains the following warning in block letters
15not less than one inch in height:
16 "With few exceptions enumerated in the Criminal Code
17 of 2012 Firearm Owners Identification Card Act, it is
18 unlawful for you to:
19 (A) store or leave an unsecured firearm in a place
20 where a child can obtain access to it;
21 (B) sell or transfer your firearm to someone else
22 without receiving approval for the transfer from the
23 Department of State Police, or
24 (C) fail to report the loss or theft of your

SB1948- 83 -LRB102 15817 RLC 21185 b
1 firearm to local law enforcement within 72 hours.".
2This sign shall be created by the Department and made
3available for printing or downloading from the Department's
4website.
5 (c) No retail location established after the effective
6date of this Act shall be located within 500 feet of any
7school, pre-school, or day care facility in existence at its
8location before the retail location is established as measured
9from the nearest corner of the building holding the retail
10location to the corner of the school, pre-school, or day care
11facility building nearest the retail location at the time the
12retail location seeks licensure.
13(Source: P.A. 100-1178, eff. 1-18-19.)
14 (430 ILCS 68/5-25)
15 Sec. 5-25. Exemptions. The provisions of this Act related
16to the certification of a license do not apply to a person or
17entity that engages in the following activities:
18 (1) temporary transfers of firearms solely for use at
19 the location or on the premises where the transfer takes
20 place, such as transfers at a shooting range for use at
21 that location;
22 (2) temporary transfers of firearms solely for use
23 while in the presence of the transferor or transfers for
24 the purposes of firearm safety training by a firearms
25 safety training instructor;

SB1948- 84 -LRB102 15817 RLC 21185 b
1 (3) transfers of firearms among immediate family or
2 household members, as "immediate family or household
3 member" is defined in Section 3-2.7-10 of the Unified Code
4 of Corrections, provided that both the transferor and
5 transferee are not prohibited from possessing a firearm
6 under federal or State law have a currently valid Firearm
7 Owner's Identification Card; however, this paragraph (3)
8 does not limit the familial gift exemption under paragraph
9 (2) of subsection (a-15) of Section 3 of the Firearm
10 Owners Identification Card Act;
11 (4) transfers by persons or entities acting under
12 operation of law or a court order;
13 (5) transfers by persons or entities liquidating all
14 or part of a collection. For purposes of this paragraph
15 (5), "collection" means 2 or more firearms which are of
16 special interest to collectors by reason of some quality
17 other than is associated with firearms intended for
18 sporting use or as offensive or defensive weapons;
19 (6) transfers of firearms that have been rendered
20 permanently inoperable to a nonprofit historical society,
21 museum, or institutional collection;
22 (7) transfers by a law enforcement or corrections
23 agency or a law enforcement or corrections officer acting
24 within the course and scope of his or her official duties;
25 (8) (blank); transfers to a State or local law
26 enforcement agency by a person who has his or her Firearm

SB1948- 85 -LRB102 15817 RLC 21185 b
1 Owner's Identification Card revoked;
2 (9) transfers of curios and relics, as defined under
3 federal law, between collectors licensed under subsection
4 (b) of Section 923 of the federal Gun Control Act of 1968;
5 (10) transfers by a person or entity licensed as an
6 auctioneer under the Auction License Act;
7 (10.5) transfers of firearms to a resident registered
8 competitor or attendee or non-resident registered
9 competitor or attendee by a licensed federal firearms
10 dealer under Section 923 of the federal Gun Control Act of
11 1968 at a competitive shooting event held at the World
12 Shooting and Recreational Complex that is sanctioned by a
13 national governing body; or
14 (11) transfers between a pawnshop and a customer which
15 amount to a bailment. For purposes of this paragraph (11),
16 "bailment" means the act of placing property in the
17 custody and control of another, by agreement in which the
18 holder is responsible for the safekeeping and return of
19 the property.
20(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
21 (430 ILCS 68/5-40)
22 Sec. 5-40. Qualifications for operation.
23 (a) Each certified licensee shall submit with each
24application for certification or renewal an affidavit to the
25Department stating that each owner, employee, or other agent

SB1948- 86 -LRB102 15817 RLC 21185 b
1of the certified licensee who sells or conducts transfers of
2firearms for the certified licensee is at least 21 years of
3age, has a currently valid Firearm Owner's Identification Card
4and, for a renewal, has completed the training required under
5Section 5-30. The affidavit must also contain the name and
6Firearm Owner's Identification Card number of each owner,
7employee, or other agent who sells or conducts transfers of
8firearms for the certified licensee. If an owner, employee, or
9other agent of the certified licensee is not otherwise a
10resident of this State, the certified licensee shall submit an
11affidavit stating that the owner, employee, or other agent has
12undergone a background check and is not prohibited from owning
13or possessing firearms.
14 (b) In addition to the affidavit required under subsection
15(a), within 30 days of a new owner, employee, or other agent
16beginning selling or conducting transfers of firearms for the
17certified licensee, the certified licensee shall submit an
18affidavit to the Department stating the date that the new
19owner, employee, or other agent began selling or conducting
20transfers of firearms for the certified licensee, and
21providing the information required in subsection (a) for that
22new owner, employee, or other agent.
23 (c) If a certified licensee has a license, certificate, or
24permit to sell, lease, transfer, purchase, or possess firearms
25issued by the federal government or the government of any
26state revoked or suspended for good cause within the preceding

SB1948- 87 -LRB102 15817 RLC 21185 b
14 years, the Department may consider revoking or suspending
2the certified licenses in this State. In making a
3determination of whether or not to revoke or suspend a
4certified license in this State, the Department shall consider
5the number of retail locations the certified licensee or any
6related person or entity operates in this State or in other
7states under the same or different business names, and the
8severity of the infraction in the state in which a license was
9revoked or suspended.
10 (d) Applications and affidavits required under this
11Section are not subject to disclosure by the Department under
12the Freedom of Information Act.
13(Source: P.A. 100-1178, eff. 1-18-19.)
14 (430 ILCS 68/5-85)
15 Sec. 5-85. Disciplinary sanctions.
16 (a) For violations of this Act not penalized under Section
175-15, the Department may refuse to renew or restore, or may
18reprimand, place on probation, suspend, revoke, or take other
19disciplinary or non-disciplinary action against any licensee,
20and may impose a fine commensurate with the severity of the
21violation not to exceed $10,000 for each violation for any of
22the following, consistent with the Protection of Lawful
23Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
24 (1) Violations of this Act, or any law applicable to
25 the sale or transfer of firearms.

SB1948- 88 -LRB102 15817 RLC 21185 b
1 (2) A pattern of practice or other behavior which
2 demonstrates incapacity or incompetency to practice under
3 this Act.
4 (3) Aiding or assisting another person in violating
5 any provision of this Act or rules adopted under this Act.
6 (4) Failing, within 60 days, to provide information in
7 response to a written request made by the Department.
8 (5) Conviction of, plea of guilty to, or plea of nolo
9 contendere to any crime that disqualifies the person from
10 obtaining a firearm valid Firearm Owner's Identification
11 Card.
12 (6) Continued practice, although the person has become
13 unfit to practice due to any of the following:
14 (A) Any circumstance that disqualifies the person
15 from obtaining a firearm valid Firearm Owner's
16 Identification Card or concealed carry license.
17 (B) Habitual or excessive use or abuse of drugs
18 defined in law as controlled substances, alcohol, or
19 any other substance that results in the inability to
20 practice with reasonable judgment, skill, or safety.
21 (7) Receiving, directly or indirectly, compensation
22 for any firearms sold or transferred illegally.
23 (8) Discipline by another United States jurisdiction,
24 foreign nation, or governmental agency, if at least one of
25 the grounds for the discipline is the same or
26 substantially equivalent to those set forth in this Act.

SB1948- 89 -LRB102 15817 RLC 21185 b
1 (9) Violation of any disciplinary order imposed on a
2 licensee by the Department.
3 (10) A finding by the Department that the licensee,
4 after having his or her certified license placed on
5 probationary status, has violated the terms of probation.
6 (11) A fraudulent or material misstatement in the
7 completion of an affirmative obligation or inquiry by law
8 enforcement.
9 (b) All fines imposed under this Section shall be paid
10within 90 days after the effective date of the final order
11imposing the fine.
12(Source: P.A. 100-1178, eff. 1-18-19.)
13 Section 70. The Wildlife Code is amended by changing
14Sections 3.2 and 3.2a as follows:
15 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
16 Sec. 3.2. Hunting license; application; instruction.
17Before the Department or any county, city, village, township,
18incorporated town clerk or his duly designated agent or any
19other person authorized or designated by the Department to
20issue hunting licenses shall issue a hunting license to any
21person, the person shall file his application with the
22Department or other party authorized to issue licenses on a
23form provided by the Department and further give definite
24proof of identity and place of legal residence. Each clerk

SB1948- 90 -LRB102 15817 RLC 21185 b
1designating agents to issue licenses and stamps shall furnish
2the Department, within 10 days following the appointment, the
3names and mailing addresses of the agents. Each clerk or his
4duly designated agent shall be authorized to sell licenses and
5stamps only within the territorial area for which he was
6elected or appointed. No duly designated agent is authorized
7to furnish licenses or stamps for issuance by any other
8business establishment. Each application shall be executed and
9sworn to and shall set forth the name and description of the
10applicant and place of residence.
11 No hunting license shall be issued to any person born on or
12after January 1, 1980 unless he presents the person authorized
13to issue the license evidence that he has held a hunting
14license issued by the State of Illinois or another state in a
15prior year, or a certificate of competency as provided in this
16Section. Persons under 18 years of age may be issued a Lifetime
17Hunting or Sportsmen's Combination License as provided under
18Section 20-45 of the Fish and Aquatic Life Code but shall not
19be entitled to hunt alone, without the supervision of an adult
20age 21 or older, unless they have a certificate of competency
21as provided in this Section and the certificate is in their
22possession while hunting.
23 The Department of Natural Resources shall authorize
24personnel of the Department or certified volunteer instructors
25to conduct courses, of not less than 10 hours in length, in
26firearms and hunter safety, which may include training in bow

SB1948- 91 -LRB102 15817 RLC 21185 b
1and arrow safety, at regularly specified intervals throughout
2the State. Persons successfully completing the course shall
3receive a certificate of competency. The Department of Natural
4Resources may further cooperate with any reputable association
5or organization in establishing courses if the organization
6has as one of its objectives the promotion of safety in the
7handling of firearms or bow and arrow.
8 The Department of Natural Resources shall designate any
9person found by it to be competent to give instruction in the
10handling of firearms, hunter safety, and bow and arrow. The
11persons so appointed shall give the course of instruction and
12upon the successful completion shall issue to the person
13instructed a certificate of competency in the safe handling of
14firearms, hunter safety, and bow and arrow. No charge shall be
15made for any course of instruction except for materials or
16ammunition consumed. The Department of Natural Resources shall
17furnish information on the requirements of hunter safety
18education programs to be distributed free of charge to
19applicants for hunting licenses by the persons appointed and
20authorized to issue licenses. Funds for the conducting of
21firearms and hunter safety courses shall be taken from the fee
22charged for the Firearm Owners Identification Card.
23 The fee for a hunting license to hunt all species for a
24resident of Illinois is $12. For residents age 65 or older,
25and, commencing with the 2012 license year, resident veterans
26of the United States Armed Forces after returning from service

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

SB1948- 93 -LRB102 15817 RLC 21185 b
175 years of age. Except as provided under Section 20-45 of the
2Fish and Aquatic Life Code, the stamp shall be signed by the
3person or affixed to his license or permit in a space
4designated by the Department for that purpose.
5 Each applicant for a State Habitat Stamp, regardless of
6his residence or other condition, shall pay a fee of $5 and
7shall receive a stamp. The fee for a State Habitat Stamp shall
8be waived for residents over 75 years of age. Except as
9provided under Section 20-45 of the Fish and Aquatic Life
10Code, the stamp shall be signed by the person or affixed to his
11license or permit in a space designated by the Department for
12that purpose.
13 Nothing in this Section shall be construed as to require
14the purchase of more than one State Habitat Stamp by any person
15in any one license year.
16 The fees for State Pheasant Stamps and State Furbearer
17Stamps shall be waived for residents over 75 years of age.
18 The Department shall furnish the holders of hunting
19licenses and stamps with an insignia as evidence of possession
20of license, or license and stamp, as the Department may
21consider advisable. The insignia shall be exhibited and used
22as the Department may order.
23 All other hunting licenses and all State stamps shall
24expire upon March 31 of each year.
25 Every person holding any license, permit, or stamp issued
26under the provisions of this Act shall have it in his

SB1948- 94 -LRB102 15817 RLC 21185 b
1possession for immediate presentation for inspection to the
2officers and authorized employees of the Department, any
3sheriff, deputy sheriff, or any other peace officer making a
4demand for it. This provision shall not apply to Department
5owned or managed sites where it is required that all hunters
6deposit their license or , permit, or Firearm Owner's
7Identification Card at the check station upon entering the
8hunting areas.
9(Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)
10 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
11 Sec. 3.2a. Every person holding any license, permit or
12stamp issued under the provisions hereof shall have it in his
13possession for immediate presentation for inspection to the
14officers and authorized employees of the Department, any
15sheriff, deputy sheriff or any other peace officer making a
16demand for it. This provision shall not apply to Department
17owned or managed sites where it is required that all hunters
18deposit their license or , permit or Firearm Owner's
19Identification Card at the check station upon entering the
20hunting areas.
21(Source: P.A. 85-152.)
22 Section 75. The Criminal Code of 2012 is amended by
23changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
2424-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,

SB1948- 95 -LRB102 15817 RLC 21185 b
124-3.5, 24-3B, 24-4.1, and 24-9 and adding Section 24-4.5 as
2follows:
3 (720 ILCS 5/2-7.1)
4 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
5"Firearm "Firearm" and "firearm ammunition" means any
6self-contained cartridge or shotgun shell, by whatever name
7known, which is designed to be used or adaptable to use in a
8firearm; excluding, however:
9 (1) any ammunition exclusively designed for use with a
10device used exclusively for signaling or safety and required
11or recommended by the United States Coast Guard or the
12Interstate Commerce Commission; and
13 (2) any ammunition designed exclusively for use with a
14stud or rivet driver or other similar industrial ammunition
15have the meanings ascribed to them in Section 1.1 of the
16Firearm Owners Identification Card Act.
17(Source: P.A. 91-544, eff. 1-1-00.)
18 (720 ILCS 5/2-7.5)
19 Sec. 2-7.5. "Firearm". Except as otherwise provided in a
20specific Section, "firearm" means any device, by whatever name
21known, which is designed to expel a projectile or projectiles
22by the action of an explosion, expansion of gas or escape of
23gas; excluding, however:
24 (1) any pneumatic gun, spring gun, paint ball gun, or B-B

SB1948- 96 -LRB102 15817 RLC 21185 b
1gun which expels a single globular projectile not exceeding
2.18 inch in diameter or which has a maximum muzzle velocity of
3less than 700 feet per second;
4 (1.1) any pneumatic gun, spring gun, paint ball gun, or
5B-B gun which expels breakable paint balls containing washable
6marking colors;
7 (2) any device used exclusively for signaling or safety
8and required or recommended by the United States Coast Guard
9or the Interstate Commerce Commission;
10 (3) any device used exclusively for the firing of stud
11cartridges, explosive rivets, or similar industrial
12ammunition; and
13 (4) an antique firearm (other than a machine-gun) which,
14although designed as a weapon, the Department of State Police
15finds by reason of the date of its manufacture, value, design,
16and other characteristics is primarily a collector's item and
17is not likely to be used as a weapon has the meaning ascribed
18to it in Section 1.1 of the Firearm Owners Identification Card
19Act.
20(Source: P.A. 95-331, eff. 8-21-07.)
21 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
22 Sec. 12-3.05. Aggravated battery.
23 (a) Offense based on injury. A person commits aggravated
24battery when, in committing a battery, other than by the
25discharge of a firearm, he or she knowingly does any of the

SB1948- 97 -LRB102 15817 RLC 21185 b
1following:
2 (1) Causes great bodily harm or permanent disability
3 or disfigurement.
4 (2) Causes severe and permanent disability, great
5 bodily harm, or disfigurement by means of a caustic or
6 flammable substance, a poisonous gas, a deadly biological
7 or chemical contaminant or agent, a radioactive substance,
8 or a bomb or explosive compound.
9 (3) Causes great bodily harm or permanent disability
10 or disfigurement to an individual whom the person knows to
11 be a peace officer, community policing volunteer, fireman,
12 private security officer, correctional institution
13 employee, or Department of Human Services employee
14 supervising or controlling sexually dangerous persons or
15 sexually violent persons:
16 (i) performing his or her official duties;
17 (ii) battered to prevent performance of his or her
18 official duties; or
19 (iii) battered in retaliation for performing his
20 or her official duties.
21 (4) Causes great bodily harm or permanent disability
22 or disfigurement to an individual 60 years of age or
23 older.
24 (5) Strangles another individual.
25 (b) Offense based on injury to a child or person with an
26intellectual disability. A person who is at least 18 years of

SB1948- 98 -LRB102 15817 RLC 21185 b
1age commits aggravated battery when, in committing a battery,
2he or she knowingly and without legal justification by any
3means:
4 (1) causes great bodily harm or permanent disability
5 or disfigurement to any child under the age of 13 years, or
6 to any person with a severe or profound intellectual
7 disability; or
8 (2) causes bodily harm or disability or disfigurement
9 to any child under the age of 13 years or to any person
10 with a severe or profound intellectual disability.
11 (c) Offense based on location of conduct. A person commits
12aggravated battery when, in committing a battery, other than
13by the discharge of a firearm, he or she is or the person
14battered is on or about a public way, public property, a public
15place of accommodation or amusement, a sports venue, or a
16domestic violence shelter, or in a church, synagogue, mosque,
17or other building, structure, or place used for religious
18worship.
19 (d) Offense based on status of victim. A person commits
20aggravated battery when, in committing a battery, other than
21by discharge of a firearm, he or she knows the individual
22battered to be any of the following:
23 (1) A person 60 years of age or older.
24 (2) A person who is pregnant or has a physical
25 disability.
26 (3) A teacher or school employee upon school grounds

SB1948- 99 -LRB102 15817 RLC 21185 b
1 or grounds adjacent to a school or in any part of a
2 building used for school purposes.
3 (4) A peace officer, community policing volunteer,
4 fireman, private security officer, correctional
5 institution employee, or Department of Human Services
6 employee supervising or controlling sexually dangerous
7 persons or sexually violent persons:
8 (i) performing his or her official duties;
9 (ii) battered to prevent performance of his or her
10 official duties; or
11 (iii) battered in retaliation for performing his
12 or her official duties.
13 (5) A judge, emergency management worker, emergency
14 medical services personnel, or utility worker:
15 (i) performing his or her official duties;
16 (ii) battered to prevent performance of his or her
17 official duties; or
18 (iii) battered in retaliation for performing his
19 or her official duties.
20 (6) An officer or employee of the State of Illinois, a
21 unit of local government, or a school district, while
22 performing his or her official duties.
23 (7) A transit employee performing his or her official
24 duties, or a transit passenger.
25 (8) A taxi driver on duty.
26 (9) A merchant who detains the person for an alleged

SB1948- 100 -LRB102 15817 RLC 21185 b
1 commission of retail theft under Section 16-26 of this
2 Code and the person without legal justification by any
3 means causes bodily harm to the merchant.
4 (10) A person authorized to serve process under
5 Section 2-202 of the Code of Civil Procedure or a special
6 process server appointed by the circuit court while that
7 individual is in the performance of his or her duties as a
8 process server.
9 (11) A nurse while in the performance of his or her
10 duties as a nurse.
11 (12) A merchant: (i) while performing his or her
12 duties, including, but not limited to, relaying directions
13 for healthcare or safety from his or her supervisor or
14 employer or relaying health or safety guidelines,
15 recommendations, regulations, or rules from a federal,
16 State, or local public health agency; and (ii) during a
17 disaster declared by the Governor, or a state of emergency
18 declared by the mayor of the municipality in which the
19 merchant is located, due to a public health emergency and
20 for a period of 6 months after such declaration.
21 (e) Offense based on use of a firearm. A person commits
22aggravated battery when, in committing a battery, he or she
23knowingly does any of the following:
24 (1) Discharges a firearm, other than a machine gun or
25 a firearm equipped with a silencer, and causes any injury
26 to another person.

SB1948- 101 -LRB102 15817 RLC 21185 b
1 (2) Discharges a firearm, other than a machine gun or
2 a firearm equipped with a silencer, and causes any injury
3 to a person he or she knows to be a peace officer,
4 community policing volunteer, person summoned by a police
5 officer, fireman, private security officer, correctional
6 institution employee, or emergency management worker:
7 (i) performing his or her official duties;
8 (ii) battered to prevent performance of his or her
9 official duties; or
10 (iii) battered in retaliation for performing his
11 or her official duties.
12 (3) Discharges a firearm, other than a machine gun or
13 a firearm equipped with a silencer, and causes any injury
14 to a person he or she knows to be emergency medical
15 services personnel:
16 (i) performing his or her official duties;
17 (ii) battered to prevent performance of his or her
18 official duties; or
19 (iii) battered in retaliation for performing his
20 or her official duties.
21 (4) Discharges a firearm and causes any injury to a
22 person he or she knows to be a teacher, a student in a
23 school, or a school employee, and the teacher, student, or
24 employee is upon school grounds or grounds adjacent to a
25 school or in any part of a building used for school
26 purposes.

SB1948- 102 -LRB102 15817 RLC 21185 b
1 (5) Discharges a machine gun or a firearm equipped
2 with a silencer, and causes any injury to another person.
3 (6) Discharges a machine gun or a firearm equipped
4 with a silencer, and causes any injury to a person he or
5 she knows to be a peace officer, community policing
6 volunteer, person summoned by a police officer, fireman,
7 private security officer, correctional institution
8 employee or emergency management worker:
9 (i) performing his or her official duties;
10 (ii) battered to prevent performance of his or her
11 official duties; or
12 (iii) battered in retaliation for performing his
13 or her official duties.
14 (7) Discharges a machine gun or a firearm equipped
15 with a silencer, and causes any injury to a person he or
16 she knows to be emergency medical services personnel:
17 (i) performing his or her official duties;
18 (ii) battered to prevent performance of his or her
19 official duties; or
20 (iii) battered in retaliation for performing his
21 or her official duties.
22 (8) Discharges a machine gun or a firearm equipped
23 with a silencer, and causes any injury to a person he or
24 she knows to be a teacher, or a student in a school, or a
25 school employee, and the teacher, student, or employee is
26 upon school grounds or grounds adjacent to a school or in

SB1948- 103 -LRB102 15817 RLC 21185 b
1 any part of a building used for school purposes.
2 (f) Offense based on use of a weapon or device. A person
3commits aggravated battery when, in committing a battery, he
4or she does any of the following:
5 (1) Uses a deadly weapon other than by discharge of a
6 firearm, or uses an air rifle as defined in Section
7 24.8-0.1 of this Code.
8 (2) Wears a hood, robe, or mask to conceal his or her
9 identity.
10 (3) Knowingly and without lawful justification shines
11 or flashes a laser gunsight or other laser device attached
12 to a firearm, or used in concert with a firearm, so that
13 the laser beam strikes upon or against the person of
14 another.
15 (4) Knowingly video or audio records the offense with
16 the intent to disseminate the recording.
17 (g) Offense based on certain conduct. A person commits
18aggravated battery when, other than by discharge of a firearm,
19he or she does any of the following:
20 (1) Violates Section 401 of the Illinois Controlled
21 Substances Act by unlawfully delivering a controlled
22 substance to another and any user experiences great bodily
23 harm or permanent disability as a result of the injection,
24 inhalation, or ingestion of any amount of the controlled
25 substance.
26 (2) Knowingly administers to an individual or causes

SB1948- 104 -LRB102 15817 RLC 21185 b
1 him or her to take, without his or her consent or by threat
2 or deception, and for other than medical purposes, any
3 intoxicating, poisonous, stupefying, narcotic,
4 anesthetic, or controlled substance, or gives to another
5 person any food containing any substance or object
6 intended to cause physical injury if eaten.
7 (3) Knowingly causes or attempts to cause a
8 correctional institution employee or Department of Human
9 Services employee to come into contact with blood, seminal
10 fluid, urine, or feces by throwing, tossing, or expelling
11 the fluid or material, and the person is an inmate of a
12 penal institution or is a sexually dangerous person or
13 sexually violent person in the custody of the Department
14 of Human Services.
15 (h) Sentence. Unless otherwise provided, aggravated
16battery is a Class 3 felony.
17 Aggravated battery as defined in subdivision (a)(4),
18(d)(4), or (g)(3) is a Class 2 felony.
19 Aggravated battery as defined in subdivision (a)(3) or
20(g)(1) is a Class 1 felony.
21 Aggravated battery as defined in subdivision (a)(1) is a
22Class 1 felony when the aggravated battery was intentional and
23involved the infliction of torture, as defined in paragraph
24(14) of subsection (b) of Section 9-1 of this Code, as the
25infliction of or subjection to extreme physical pain,
26motivated by an intent to increase or prolong the pain,

SB1948- 105 -LRB102 15817 RLC 21185 b
1suffering, or agony of the victim.
2 Aggravated battery as defined in subdivision (a)(1) is a
3Class 2 felony when the person causes great bodily harm or
4permanent disability to an individual whom the person knows to
5be a member of a congregation engaged in prayer or other
6religious activities at a church, synagogue, mosque, or other
7building, structure, or place used for religious worship.
8 Aggravated battery under subdivision (a)(5) is a Class 1
9felony if:
10 (A) the person used or attempted to use a dangerous
11 instrument while committing the offense;
12 (B) the person caused great bodily harm or permanent
13 disability or disfigurement to the other person while
14 committing the offense; or
15 (C) the person has been previously convicted of a
16 violation of subdivision (a)(5) under the laws of this
17 State or laws similar to subdivision (a)(5) of any other
18 state.
19 Aggravated battery as defined in subdivision (e)(1) is a
20Class X felony.
21 Aggravated battery as defined in subdivision (a)(2) is a
22Class X felony for which a person shall be sentenced to a term
23of imprisonment of a minimum of 6 years and a maximum of 45
24years.
25 Aggravated battery as defined in subdivision (e)(5) is a
26Class X felony for which a person shall be sentenced to a term

SB1948- 106 -LRB102 15817 RLC 21185 b
1of imprisonment of a minimum of 12 years and a maximum of 45
2years.
3 Aggravated battery as defined in subdivision (e)(2),
4(e)(3), or (e)(4) is a Class X felony for which a person shall
5be sentenced to a term of imprisonment of a minimum of 15 years
6and a maximum of 60 years.
7 Aggravated battery as defined in subdivision (e)(6),
8(e)(7), or (e)(8) is a Class X felony for which a person shall
9be sentenced to a term of imprisonment of a minimum of 20 years
10and a maximum of 60 years.
11 Aggravated battery as defined in subdivision (b)(1) is a
12Class X felony, except that:
13 (1) if the person committed the offense while armed
14 with a firearm, 15 years shall be added to the term of
15 imprisonment imposed by the court;
16 (2) if, during the commission of the offense, the
17 person personally discharged a firearm, 20 years shall be
18 added to the term of imprisonment imposed by the court;
19 (3) if, during the commission of the offense, the
20 person personally discharged a firearm that proximately
21 caused great bodily harm, permanent disability, permanent
22 disfigurement, or death to another person, 25 years or up
23 to a term of natural life shall be added to the term of
24 imprisonment imposed by the court.
25 (i) Definitions. In this Section:
26 "Building or other structure used to provide shelter" has

SB1948- 107 -LRB102 15817 RLC 21185 b
1the meaning ascribed to "shelter" in Section 1 of the Domestic
2Violence Shelters Act.
3 "Domestic violence" has the meaning ascribed to it in
4Section 103 of the Illinois Domestic Violence Act of 1986.
5 "Domestic violence shelter" means any building or other
6structure used to provide shelter or other services to victims
7or to the dependent children of victims of domestic violence
8pursuant to the Illinois Domestic Violence Act of 1986 or the
9Domestic Violence Shelters Act, or any place within 500 feet
10of such a building or other structure in the case of a person
11who is going to or from such a building or other structure.
12 "Firearm" has the meaning provided under Section 2-7.5 of
13this Code 1.1 of the Firearm Owners Identification Card Act,
14and does not include an air rifle as defined by Section
1524.8-0.1 of this Code.
16 "Machine gun" has the meaning ascribed to it in Section
1724-1 of this Code.
18 "Merchant" has the meaning ascribed to it in Section
1916-0.1 of this Code.
20 "Strangle" means intentionally impeding the normal
21breathing or circulation of the blood of an individual by
22applying pressure on the throat or neck of that individual or
23by blocking the nose or mouth of that individual.
24(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
25 (720 ILCS 5/16-0.1)

SB1948- 108 -LRB102 15817 RLC 21185 b
1 Sec. 16-0.1. Definitions. In this Article, unless the
2context clearly requires otherwise, the following terms are
3defined as indicated:
4 "Access" means to use, instruct, communicate with, store
5data in, retrieve or intercept data from, or otherwise utilize
6any services of a computer.
7 "Coin-operated machine" includes any automatic vending
8machine or any part thereof, parking meter, coin telephone,
9coin-operated transit turnstile, transit fare box, coin
10laundry machine, coin dry cleaning machine, amusement machine,
11music machine, vending machine dispensing goods or services,
12or money changer.
13 "Communication device" means any type of instrument,
14device, machine, or equipment which is capable of
15transmitting, acquiring, decrypting, or receiving any
16telephonic, electronic, data, Internet access, audio, video,
17microwave, or radio transmissions, signals, communications, or
18services, including the receipt, acquisition, transmission, or
19decryption of all such communications, transmissions, signals,
20or services provided by or through any cable television, fiber
21optic, telephone, satellite, microwave, radio, Internet-based,
22data transmission, or wireless distribution network, system or
23facility; or any part, accessory, or component thereof,
24including any computer circuit, security module, smart card,
25software, computer chip, electronic mechanism or other
26component, accessory or part of any communication device which

SB1948- 109 -LRB102 15817 RLC 21185 b
1is capable of facilitating the transmission, decryption,
2acquisition or reception of all such communications,
3transmissions, signals, or services.
4 "Communication service" means any service lawfully
5provided for a charge or compensation to facilitate the lawful
6origination, transmission, emission, or reception of signs,
7signals, data, writings, images, and sounds or intelligence of
8any nature by telephone, including cellular telephones or a
9wire, wireless, radio, electromagnetic, photo-electronic or
10photo-optical system; and also any service lawfully provided
11by any radio, telephone, cable television, fiber optic,
12satellite, microwave, Internet-based or wireless distribution
13network, system, facility or technology, including, but not
14limited to, any and all electronic, data, video, audio,
15Internet access, telephonic, microwave and radio
16communications, transmissions, signals and services, and any
17such communications, transmissions, signals and services
18lawfully provided directly or indirectly by or through any of
19those networks, systems, facilities or technologies.
20 "Communication service provider" means: (1) any person or
21entity providing any communication service, whether directly
22or indirectly, as a reseller, including, but not limited to, a
23cellular, paging or other wireless communications company or
24other person or entity which, for a fee, supplies the
25facility, cell site, mobile telephone switching office or
26other equipment or communication service; (2) any person or

SB1948- 110 -LRB102 15817 RLC 21185 b
1entity owning or operating any cable television, fiber optic,
2satellite, telephone, wireless, microwave, radio, data
3transmission or Internet-based distribution network, system or
4facility; and (3) any person or entity providing any
5communication service directly or indirectly by or through any
6such distribution system, network or facility.
7 "Computer" means a device that accepts, processes, stores,
8retrieves or outputs data, and includes but is not limited to
9auxiliary storage and telecommunications devices connected to
10computers.
11 "Continuing course of conduct" means a series of acts, and
12the accompanying mental state necessary for the crime in
13question, irrespective of whether the series of acts are
14continuous or intermittent.
15 "Delivery container" means any bakery basket of wire or
16plastic used to transport or store bread or bakery products,
17any dairy case of wire or plastic used to transport or store
18dairy products, and any dolly or cart of 2 or 4 wheels used to
19transport or store any bakery or dairy product.
20 "Document-making implement" means any implement,
21impression, template, computer file, computer disc, electronic
22device, computer hardware, computer software, instrument, or
23device that is used to make a real or fictitious or fraudulent
24personal identification document.
25 "Financial transaction device" means any of the following:
26 (1) An electronic funds transfer card.

SB1948- 111 -LRB102 15817 RLC 21185 b
1 (2) A credit card.
2 (3) A debit card.
3 (4) A point-of-sale card.
4 (5) Any instrument, device, card, plate, code, account
5 number, personal identification number, or a record or
6 copy of a code, account number, or personal identification
7 number or other means of access to a credit account or
8 deposit account, or a driver's license or State
9 identification card used to access a proprietary account,
10 other than access originated solely by a paper instrument,
11 that can be used alone or in conjunction with another
12 access device, for any of the following purposes:
13 (A) Obtaining money, cash refund or credit
14 account, credit, goods, services, or any other thing
15 of value.
16 (B) Certifying or guaranteeing to a person or
17 business the availability to the device holder of
18 funds on deposit to honor a draft or check payable to
19 the order of that person or business.
20 (C) Providing the device holder access to a
21 deposit account for the purpose of making deposits,
22 withdrawing funds, transferring funds between deposit
23 accounts, obtaining information pertaining to a
24 deposit account, or making an electronic funds
25 transfer.
26 "Full retail value" means the merchant's stated or

SB1948- 112 -LRB102 15817 RLC 21185 b
1advertised price of the merchandise. "Full retail value"
2includes the aggregate value of property obtained from retail
3thefts committed by the same person as part of a continuing
4course of conduct from one or more mercantile establishments
5in a single transaction or in separate transactions over a
6period of one year.
7 "Internet" means an interactive computer service or system
8or an information service, system, or access software provider
9that provides or enables computer access by multiple users to
10a computer server, and includes, but is not limited to, an
11information service, system, or access software provider that
12provides access to a network system commonly known as the
13Internet, or any comparable system or service and also
14includes, but is not limited to, a World Wide Web page,
15newsgroup, message board, mailing list, or chat area on any
16interactive computer service or system or other online
17service.
18 "Library card" means a card or plate issued by a library
19facility for purposes of identifying the person to whom the
20library card was issued as authorized to borrow library
21material, subject to all limitations and conditions imposed on
22the borrowing by the library facility issuing such card.
23 "Library facility" includes any public library or museum,
24or any library or museum of an educational, historical or
25eleemosynary institution, organization or society.
26 "Library material" includes any book, plate, picture,

SB1948- 113 -LRB102 15817 RLC 21185 b
1photograph, engraving, painting, sculpture, statue, artifact,
2drawing, map, newspaper, pamphlet, broadside, magazine,
3manuscript, document, letter, microfilm, sound recording,
4audiovisual material, magnetic or other tape, electronic data
5processing record or other documentary, written or printed
6material regardless of physical form or characteristics, or
7any part thereof, belonging to, or on loan to or otherwise in
8the custody of a library facility.
9 "Manufacture or assembly of an unlawful access device"
10means to make, produce or assemble an unlawful access device
11or to modify, alter, program or re-program any instrument,
12device, machine, equipment or software so that it is capable
13of defeating or circumventing any technology, device or
14software used by the provider, owner or licensee of a
15communication service or of any data, audio or video programs
16or transmissions to protect any such communication, data,
17audio or video services, programs or transmissions from
18unauthorized access, acquisition, disclosure, receipt,
19decryption, communication, transmission or re-transmission.
20 "Manufacture or assembly of an unlawful communication
21device" means to make, produce or assemble an unlawful
22communication or wireless device or to modify, alter, program
23or reprogram a communication or wireless device to be capable
24of acquiring, disrupting, receiving, transmitting, decrypting,
25or facilitating the acquisition, disruption, receipt,
26transmission or decryption of, a communication service without

SB1948- 114 -LRB102 15817 RLC 21185 b
1the express consent or express authorization of the
2communication service provider, or to knowingly assist others
3in those activities.
4 "Master sound recording" means the original physical
5object on which a given set of sounds were first recorded and
6which the original object from which all subsequent sound
7recordings embodying the same set of sounds are directly or
8indirectly derived.
9 "Merchandise" means any item of tangible personal
10property, including motor fuel.
11 "Merchant" means an owner or operator of any retail
12mercantile establishment or any agent, employee, lessee,
13consignee, officer, director, franchisee, or independent
14contractor of the owner or operator. "Merchant" also means a
15person who receives from an authorized user of a payment card,
16or someone the person believes to be an authorized user, a
17payment card or information from a payment card, or what the
18person believes to be a payment card or information from a
19payment card, as the instrument for obtaining, purchasing or
20receiving goods, services, money, or anything else of value
21from the person.
22 "Motor fuel" means a liquid, regardless of its properties,
23used to propel a vehicle, including gasoline and diesel.
24 "Online" means the use of any electronic or wireless
25device to access the Internet.
26 "Payment card" means a credit card, charge card, debit

SB1948- 115 -LRB102 15817 RLC 21185 b
1card, or any other card that is issued to an authorized card
2user and that allows the user to obtain, purchase, or receive
3goods, services, money, or anything else of value from a
4merchant.
5 "Person with a disability" means a person who suffers from
6a physical or mental impairment resulting from disease,
7injury, functional disorder or congenital condition that
8impairs the individual's mental or physical ability to
9independently manage his or her property or financial
10resources, or both.
11 "Personal identification document" means a birth
12certificate, a driver's license, a State identification card,
13a public, government, or private employment identification
14card, a social security card, a license issued under the
15Firearm Concealed Carry Act firearm owner's identification
16card, a credit card, a debit card, or a passport issued to or
17on behalf of a person other than the offender, or any document
18made or issued, or falsely purported to have been made or
19issued, by or under the authority of the United States
20Government, the State of Illinois, or any other state
21political subdivision of any state, or any other governmental
22or quasi-governmental organization that is of a type intended
23for the purpose of identification of an individual, or any
24such document made or altered in a manner that it falsely
25purports to have been made on behalf of or issued to another
26person or by the authority of one who did not give that

SB1948- 116 -LRB102 15817 RLC 21185 b
1authority.
2 "Personal identifying information" means any of the
3following information:
4 (1) A person's name.
5 (2) A person's address.
6 (3) A person's date of birth.
7 (4) A person's telephone number.
8 (5) A person's driver's license number or State of
9 Illinois identification card as assigned by the Secretary
10 of State of the State of Illinois or a similar agency of
11 another state.
12 (6) A person's social security number.
13 (7) A person's public, private, or government
14 employer, place of employment, or employment
15 identification number.
16 (8) The maiden name of a person's mother.
17 (9) The number assigned to a person's depository
18 account, savings account, or brokerage account.
19 (10) The number assigned to a person's credit or debit
20 card, commonly known as a "Visa Card", "MasterCard",
21 "American Express Card", "Discover Card", or other similar
22 cards whether issued by a financial institution,
23 corporation, or business entity.
24 (11) Personal identification numbers.
25 (12) Electronic identification numbers.
26 (13) Digital signals.

SB1948- 117 -LRB102 15817 RLC 21185 b
1 (14) User names, passwords, and any other word,
2 number, character or combination of the same usable in
3 whole or part to access information relating to a specific
4 individual, or to the actions taken, communications made
5 or received, or other activities or transactions of a
6 specific individual.
7 (15) Any other numbers or information which can be
8 used to access a person's financial resources, or to
9 identify a specific individual, or the actions taken,
10 communications made or received, or other activities or
11 transactions of a specific individual.
12 "Premises of a retail mercantile establishment" includes,
13but is not limited to, the retail mercantile establishment;
14any common use areas in shopping centers; and all parking
15areas set aside by a merchant or on behalf of a merchant for
16the parking of vehicles for the convenience of the patrons of
17such retail mercantile establishment.
18 "Public water, gas, or power supply, or other public
19services" mean any service subject to regulation by the
20Illinois Commerce Commission; any service furnished by a
21public utility that is owned and operated by any political
22subdivision, public institution of higher education or
23municipal corporation of this State; any service furnished by
24any public utility that is owned by such political
25subdivision, public institution of higher education, or
26municipal corporation and operated by any of its lessees or

SB1948- 118 -LRB102 15817 RLC 21185 b
1operating agents; any service furnished by an electric
2cooperative as defined in Section 3.4 of the Electric Supplier
3Act; or wireless service or other service regulated by the
4Federal Communications Commission.
5 "Publish" means to communicate or disseminate information
6to any one or more persons, either orally, in person, or by
7telephone, radio or television or in writing of any kind,
8including, without limitation, a letter or memorandum,
9circular or handbill, newspaper or magazine article or book.
10 "Radio frequency identification device" means any
11implement, computer file, computer disc, electronic device,
12computer hardware, computer software, or instrument that is
13used to activate, read, receive, or decode information stored
14on a RFID tag or transponder attached to a personal
15identification document.
16 "RFID tag or transponder" means a chip or device that
17contains personal identifying information from which the
18personal identifying information can be read or decoded by
19another device emitting a radio frequency that activates or
20powers a radio frequency emission response from the chip or
21transponder.
22 "Reencoder" means an electronic device that places encoded
23information from the magnetic strip or stripe of a payment
24card onto the magnetic strip or stripe of a different payment
25card.
26 "Retail mercantile establishment" means any place where

SB1948- 119 -LRB102 15817 RLC 21185 b
1merchandise is displayed, held, stored or offered for sale to
2the public.
3 "Scanning device" means a scanner, reader, or any other
4electronic device that is used to access, read, scan, obtain,
5memorize, or store, temporarily or permanently, information
6encoded on the magnetic strip or stripe of a payment card.
7 "Shopping cart" means those push carts of the type or
8types which are commonly provided by grocery stores, drug
9stores or other retail mercantile establishments for the use
10of the public in transporting commodities in stores and
11markets and, incidentally, from the stores to a place outside
12the store.
13 "Sound or audio visual recording" means any sound or audio
14visual phonograph record, disc, pre-recorded tape, film, wire,
15magnetic tape or other object, device or medium, now known or
16hereafter invented, by which sounds or images may be
17reproduced with or without the use of any additional machine,
18equipment or device.
19 "Theft detection device remover" means any tool or device
20specifically designed and intended to be used to remove any
21theft detection device from any merchandise.
22 "Under-ring" means to cause the cash register or other
23sales recording device to reflect less than the full retail
24value of the merchandise.
25 "Unidentified sound or audio visual recording" means a
26sound or audio visual recording without the actual name and

SB1948- 120 -LRB102 15817 RLC 21185 b
1full and correct street address of the manufacturer, and the
2name of the actual performers or groups prominently and
3legibly printed on the outside cover or jacket and on the label
4of such sound or audio visual recording.
5 "Unlawful access device" means any type of instrument,
6device, machine, equipment, technology, or software which is
7primarily possessed, used, designed, assembled, manufactured,
8sold, distributed or offered, promoted or advertised for the
9purpose of defeating or circumventing any technology, device
10or software, or any component or part thereof, used by the
11provider, owner or licensee of any communication service or of
12any data, audio or video programs or transmissions to protect
13any such communication, audio or video services, programs or
14transmissions from unauthorized access, acquisition, receipt,
15decryption, disclosure, communication, transmission or
16re-transmission.
17 "Unlawful communication device" means any electronic
18serial number, mobile identification number, personal
19identification number or any communication or wireless device
20that is capable of acquiring or facilitating the acquisition
21of a communication service without the express consent or
22express authorization of the communication service provider,
23or that has been altered, modified, programmed or
24reprogrammed, alone or in conjunction with another
25communication or wireless device or other equipment, to so
26acquire or facilitate the unauthorized acquisition of a

SB1948- 121 -LRB102 15817 RLC 21185 b
1communication service. "Unlawful communication device" also
2means:
3 (1) any phone altered to obtain service without the
4 express consent or express authorization of the
5 communication service provider, tumbler phone, counterfeit
6 or clone phone, tumbler microchip, counterfeit or clone
7 microchip, scanning receiver of wireless communication
8 service or other instrument capable of disguising its
9 identity or location or of gaining unauthorized access to
10 a communications or wireless system operated by a
11 communication service provider; and
12 (2) any communication or wireless device which is
13 capable of, or has been altered, designed, modified,
14 programmed or reprogrammed, alone or in conjunction with
15 another communication or wireless device or devices, so as
16 to be capable of, facilitating the disruption,
17 acquisition, receipt, transmission or decryption of a
18 communication service without the express consent or
19 express authorization of the communication service
20 provider, including, but not limited to, any device,
21 technology, product, service, equipment, computer software
22 or component or part thereof, primarily distributed, sold,
23 designed, assembled, manufactured, modified, programmed,
24 reprogrammed or used for the purpose of providing the
25 unauthorized receipt of, transmission of, disruption of,
26 decryption of, access to or acquisition of any

SB1948- 122 -LRB102 15817 RLC 21185 b
1 communication service provided by any communication
2 service provider.
3 "Vehicle" means a motor vehicle, motorcycle, or farm
4implement that is self-propelled and that uses motor fuel for
5propulsion.
6 "Wireless device" includes any type of instrument, device,
7machine, or equipment that is capable of transmitting or
8receiving telephonic, electronic or radio communications, or
9any part of such instrument, device, machine, or equipment, or
10any computer circuit, computer chip, electronic mechanism, or
11other component that is capable of facilitating the
12transmission or reception of telephonic, electronic, or radio
13communications.
14(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
151-1-12; 97-1109, eff. 1-1-13.)
16 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
17 Sec. 17-30. Defaced, altered, or removed manufacturer or
18owner identification number.
19 (a) Unlawful sale of household appliances. A person
20commits unlawful sale of household appliances when he or she
21knowingly, with the intent to defraud or deceive another,
22keeps for sale, within any commercial context, any household
23appliance with a missing, defaced, obliterated, or otherwise
24altered manufacturer's identification number.
25 (b) Construction equipment identification defacement. A

SB1948- 123 -LRB102 15817 RLC 21185 b
1person commits construction equipment identification
2defacement when he or she knowingly changes, alters, removes,
3mutilates, or obliterates a permanently affixed serial number,
4product identification number, part number, component
5identification number, owner-applied identification, or other
6mark of identification attached to or stamped, inscribed,
7molded, or etched into a machine or other equipment, whether
8stationary or mobile or self-propelled, or a part of such
9machine or equipment, used in the construction, maintenance,
10or demolition of buildings, structures, bridges, tunnels,
11sewers, utility pipes or lines, ditches or open cuts, roads,
12highways, dams, airports, or waterways or in material handling
13for such projects.
14 The trier of fact may infer that the defendant has
15knowingly changed, altered, removed, or obliterated the serial
16number, product identification number, part number, component
17identification number, owner-applied identification number, or
18other mark of identification, if the defendant was in
19possession of any machine or other equipment or a part of such
20machine or equipment used in the construction, maintenance, or
21demolition of buildings, structures, bridges, tunnels, sewers,
22utility pipes or lines, ditches or open cuts, roads, highways,
23dams, airports, or waterways or in material handling for such
24projects upon which any such serial number, product
25identification number, part number, component identification
26number, owner-applied identification number, or other mark of

SB1948- 124 -LRB102 15817 RLC 21185 b
1identification has been changed, altered, removed, or
2obliterated.
3 (c) Defacement of manufacturer's serial number or
4identification mark. A person commits defacement of a
5manufacturer's serial number or identification mark when he or
6she knowingly removes, alters, defaces, covers, or destroys
7the manufacturer's serial number or any other manufacturer's
8number or distinguishing identification mark upon any machine
9or other article of merchandise, other than a motor vehicle as
10defined in Section 1-146 of the Illinois Vehicle Code or a
11firearm as defined in the Firearm Owners Identification Card
12Act, with the intent of concealing or destroying the identity
13of such machine or other article of merchandise.
14 (d) Sentence.
15 (1) A violation of subsection (a) of this Section is a
16 Class 4 felony if the value of the appliance or appliances
17 exceeds $1,000 and a Class B misdemeanor if the value of
18 the appliance or appliances is $1,000 or less.
19 (2) A violation of subsection (b) of this Section is a
20 Class A misdemeanor.
21 (3) A violation of subsection (c) of this Section is a
22 Class B misdemeanor.
23 (e) No liability shall be imposed upon any person for the
24unintentional failure to comply with subsection (a).
25 (f) Definitions. In this Section:
26 "Commercial context" means a continuing business

SB1948- 125 -LRB102 15817 RLC 21185 b
1enterprise conducted for profit by any person whose primary
2business is the wholesale or retail marketing of household
3appliances, or a significant portion of whose business or
4inventory consists of household appliances kept or sold on a
5wholesale or retail basis.
6 "Household appliance" means any gas or electric device or
7machine marketed for use as home entertainment or for
8facilitating or expediting household tasks or chores. The term
9shall include but not necessarily be limited to refrigerators,
10freezers, ranges, radios, television sets, vacuum cleaners,
11toasters, dishwashers, and other similar household items.
12 "Manufacturer's identification number" means any serial
13number or other similar numerical or alphabetical designation
14imprinted upon or attached to or placed, stamped, or otherwise
15imprinted upon or attached to a household appliance or item by
16the manufacturer for purposes of identifying a particular
17appliance or item individually or by lot number.
18(Source: P.A. 96-1551, eff. 7-1-11.)
19 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
20 Sec. 24-1. Unlawful use of weapons.
21 (a) A person commits the offense of unlawful use of
22weapons when he knowingly:
23 (1) Sells, manufactures, purchases, possesses or
24 carries any bludgeon, black-jack, slung-shot, sand-club,
25 sand-bag, metal knuckles or other knuckle weapon

SB1948- 126 -LRB102 15817 RLC 21185 b
1 regardless of its composition, throwing star, or any
2 knife, commonly referred to as a switchblade knife, which
3 has a blade that opens automatically by hand pressure
4 applied to a button, spring or other device in the handle
5 of the knife, or a ballistic knife, which is a device that
6 propels a knifelike blade as a projectile by means of a
7 coil spring, elastic material or compressed gas; or
8 (2) Carries or possesses with intent to use the same
9 unlawfully against another, a dagger, dirk, billy,
10 dangerous knife, razor, stiletto, broken bottle or other
11 piece of glass, stun gun or taser or any other dangerous or
12 deadly weapon or instrument of like character; or
13 (2.5) Carries or possesses with intent to use the same
14 unlawfully against another, any firearm in a church,
15 synagogue, mosque, or other building, structure, or place
16 used for religious worship; or
17 (3) Carries on or about his person or in any vehicle, a
18 tear gas gun projector or bomb or any object containing
19 noxious liquid gas or substance, other than an object
20 containing a non-lethal noxious liquid gas or substance
21 designed solely for personal defense carried by a person
22 18 years of age or older; or
23 (4) Carries or possesses in any vehicle or concealed
24 on or about his person except when on his land or in his
25 own abode, legal dwelling, or fixed place of business, or
26 on the land or in the legal dwelling of another person as

SB1948- 127 -LRB102 15817 RLC 21185 b
1 an invitee with that person's permission, any pistol,
2 revolver, stun gun or taser or other firearm, except that
3 this subsection (a) (4) does not apply to or affect
4 transportation of weapons that meet one of the following
5 conditions:
6 (i) are broken down in a non-functioning state; or
7 (ii) are not immediately accessible; or
8 (iii) are unloaded and enclosed in a case, firearm
9 carrying box, shipping box, or other container by a
10 person eligible under State and federal law to possess
11 a firearm who has been issued a currently valid
12 Firearm Owner's Identification Card; or
13 (iv) are carried or possessed in accordance with
14 the Firearm Concealed Carry Act by a person who has
15 been issued a currently valid license under the
16 Firearm Concealed Carry Act; or
17 (5) Sets a spring gun; or
18 (6) Possesses any device or attachment of any kind
19 designed, used or intended for use in silencing the report
20 of any firearm; or
21 (7) Sells, manufactures, purchases, possesses or
22 carries:
23 (i) a machine gun, which shall be defined for the
24 purposes of this subsection as any weapon, which
25 shoots, is designed to shoot, or can be readily
26 restored to shoot, automatically more than one shot

SB1948- 128 -LRB102 15817 RLC 21185 b
1 without manually reloading by a single function of the
2 trigger, including the frame or receiver of any such
3 weapon, or sells, manufactures, purchases, possesses,
4 or carries any combination of parts designed or
5 intended for use in converting any weapon into a
6 machine gun, or any combination or parts from which a
7 machine gun can be assembled if such parts are in the
8 possession or under the control of a person;
9 (ii) any rifle having one or more barrels less
10 than 16 inches in length or a shotgun having one or
11 more barrels less than 18 inches in length or any
12 weapon made from a rifle or shotgun, whether by
13 alteration, modification, or otherwise, if such a
14 weapon as modified has an overall length of less than
15 26 inches; or
16 (iii) any bomb, bomb-shell, grenade, bottle or
17 other container containing an explosive substance of
18 over one-quarter ounce for like purposes, such as, but
19 not limited to, black powder bombs and Molotov
20 cocktails or artillery projectiles; or
21 (8) Carries or possesses any firearm, stun gun or
22 taser or other deadly weapon in any place which is
23 licensed to sell intoxicating beverages, or at any public
24 gathering held pursuant to a license issued by any
25 governmental body or any public gathering at which an
26 admission is charged, excluding a place where a showing,

SB1948- 129 -LRB102 15817 RLC 21185 b
1 demonstration or lecture involving the exhibition of
2 unloaded firearms is conducted.
3 This subsection (a)(8) does not apply to any auction
4 or raffle of a firearm held pursuant to a license or permit
5 issued by a governmental body, nor does it apply to
6 persons engaged in firearm safety training courses; or
7 (9) Carries or possesses in a vehicle or on or about
8 his or her person any pistol, revolver, stun gun or taser
9 or firearm or ballistic knife, when he or she is hooded,
10 robed or masked in such manner as to conceal his or her
11 identity; or
12 (10) Carries or possesses on or about his or her
13 person, upon any public street, alley, or other public
14 lands within the corporate limits of a city, village, or
15 incorporated town, except when an invitee thereon or
16 therein, for the purpose of the display of such weapon or
17 the lawful commerce in weapons, or except when on his land
18 or in his or her own abode, legal dwelling, or fixed place
19 of business, or on the land or in the legal dwelling of
20 another person as an invitee with that person's
21 permission, any pistol, revolver, stun gun, or taser or
22 other firearm, except that this subsection (a) (10) does
23 not apply to or affect transportation of weapons that meet
24 one of the following conditions:
25 (i) are broken down in a non-functioning state; or
26 (ii) are not immediately accessible; or

SB1948- 130 -LRB102 15817 RLC 21185 b
1 (iii) are unloaded and enclosed in a case, firearm
2 carrying box, shipping box, or other container by a
3 person eligible under State and federal law to possess
4 a firearm who has been issued a currently valid
5 Firearm Owner's Identification Card; or
6 (iv) are carried or possessed in accordance with
7 the Firearm Concealed Carry Act by a person who has
8 been issued a currently valid license under the
9 Firearm Concealed Carry Act.
10 A "stun gun or taser", as used in this paragraph (a)
11 means (i) any device which is powered by electrical
12 charging units, such as, batteries, and which fires one or
13 several barbs attached to a length of wire and which, upon
14 hitting a human, can send out a current capable of
15 disrupting the person's nervous system in such a manner as
16 to render him incapable of normal functioning or (ii) any
17 device which is powered by electrical charging units, such
18 as batteries, and which, upon contact with a human or
19 clothing worn by a human, can send out current capable of
20 disrupting the person's nervous system in such a manner as
21 to render him incapable of normal functioning; or
22 (11) Sells, manufactures, or purchases any explosive
23 bullet. For purposes of this paragraph (a) "explosive
24 bullet" means the projectile portion of an ammunition
25 cartridge which contains or carries an explosive charge
26 which will explode upon contact with the flesh of a human

SB1948- 131 -LRB102 15817 RLC 21185 b
1 or an animal. "Cartridge" means a tubular metal case
2 having a projectile affixed at the front thereof and a cap
3 or primer at the rear end thereof, with the propellant
4 contained in such tube between the projectile and the cap;
5 or
6 (12) (Blank); or
7 (13) Carries or possesses on or about his or her
8 person while in a building occupied by a unit of
9 government, a billy club, other weapon of like character,
10 or other instrument of like character intended for use as
11 a weapon. For the purposes of this Section, "billy club"
12 means a short stick or club commonly carried by police
13 officers which is either telescopic or constructed of a
14 solid piece of wood or other man-made material.
15 (b) Sentence. A person convicted of a violation of
16subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
17subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
18Class A misdemeanor. A person convicted of a violation of
19subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
20a person convicted of a violation of subsection 24-1(a)(6) or
2124-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
22convicted of a violation of subsection 24-1(a)(7)(i) commits a
23Class 2 felony and shall be sentenced to a term of imprisonment
24of not less than 3 years and not more than 7 years, unless the
25weapon is possessed in the passenger compartment of a motor
26vehicle as defined in Section 1-146 of the Illinois Vehicle

SB1948- 132 -LRB102 15817 RLC 21185 b
1Code, or on the person, while the weapon is loaded, in which
2case it shall be a Class X felony. A person convicted of a
3second or subsequent violation of subsection 24-1(a)(4),
424-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
5felony. A person convicted of a violation of subsection
624-1(a)(2.5) commits a Class 2 felony. The possession of each
7weapon in violation of this Section constitutes a single and
8separate violation.
9 (c) Violations in specific places.
10 (1) A person who violates subsection 24-1(a)(6) or
11 24-1(a)(7) in any school, regardless of the time of day or
12 the time of year, in residential property owned, operated
13 or managed by a public housing agency or leased by a public
14 housing agency as part of a scattered site or mixed-income
15 development, in a public park, in a courthouse, on the
16 real property comprising any school, regardless of the
17 time of day or the time of year, on residential property
18 owned, operated or managed by a public housing agency or
19 leased by a public housing agency as part of a scattered
20 site or mixed-income development, on the real property
21 comprising any public park, on the real property
22 comprising any courthouse, in any conveyance owned, leased
23 or contracted by a school to transport students to or from
24 school or a school related activity, in any conveyance
25 owned, leased, or contracted by a public transportation
26 agency, or on any public way within 1,000 feet of the real

SB1948- 133 -LRB102 15817 RLC 21185 b
1 property comprising any school, public park, courthouse,
2 public transportation facility, or residential property
3 owned, operated, or managed by a public housing agency or
4 leased by a public housing agency as part of a scattered
5 site or mixed-income development commits a Class 2 felony
6 and shall be sentenced to a term of imprisonment of not
7 less than 3 years and not more than 7 years.
8 (1.5) A person who violates subsection 24-1(a)(4),
9 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
10 the time of day or the time of year, in residential
11 property owned, operated, or managed by a public housing
12 agency or leased by a public housing agency as part of a
13 scattered site or mixed-income development, in a public
14 park, in a courthouse, on the real property comprising any
15 school, regardless of the time of day or the time of year,
16 on residential property owned, operated, or managed by a
17 public housing agency or leased by a public housing agency
18 as part of a scattered site or mixed-income development,
19 on the real property comprising any public park, on the
20 real property comprising any courthouse, in any conveyance
21 owned, leased, or contracted by a school to transport
22 students to or from school or a school related activity,
23 in any conveyance owned, leased, or contracted by a public
24 transportation agency, or on any public way within 1,000
25 feet of the real property comprising any school, public
26 park, courthouse, public transportation facility, or

SB1948- 134 -LRB102 15817 RLC 21185 b
1 residential property owned, operated, or managed by a
2 public housing agency or leased by a public housing agency
3 as part of a scattered site or mixed-income development
4 commits a Class 3 felony.
5 (2) A person who violates subsection 24-1(a)(1),
6 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
7 time of day or the time of year, in residential property
8 owned, operated or managed by a public housing agency or
9 leased by a public housing agency as part of a scattered
10 site or mixed-income development, in a public park, in a
11 courthouse, on the real property comprising any school,
12 regardless of the time of day or the time of year, on
13 residential property owned, operated or managed by a
14 public housing agency or leased by a public housing agency
15 as part of a scattered site or mixed-income development,
16 on the real property comprising any public park, on the
17 real property comprising any courthouse, in any conveyance
18 owned, leased or contracted by a school to transport
19 students to or from school or a school related activity,
20 in any conveyance owned, leased, or contracted by a public
21 transportation agency, or on any public way within 1,000
22 feet of the real property comprising any school, public
23 park, courthouse, public transportation facility, or
24 residential property owned, operated, or managed by a
25 public housing agency or leased by a public housing agency
26 as part of a scattered site or mixed-income development

SB1948- 135 -LRB102 15817 RLC 21185 b
1 commits a Class 4 felony. "Courthouse" means any building
2 that is used by the Circuit, Appellate, or Supreme Court
3 of this State for the conduct of official business.
4 (3) Paragraphs (1), (1.5), and (2) of this subsection
5 (c) shall not apply to law enforcement officers or
6 security officers of such school, college, or university
7 or to students carrying or possessing firearms for use in
8 training courses, parades, hunting, target shooting on
9 school ranges, or otherwise with the consent of school
10 authorities and which firearms are transported unloaded
11 enclosed in a suitable case, box, or transportation
12 package.
13 (4) For the purposes of this subsection (c), "school"
14 means any public or private elementary or secondary
15 school, community college, college, or university.
16 (5) For the purposes of this subsection (c), "public
17 transportation agency" means a public or private agency
18 that provides for the transportation or conveyance of
19 persons by means available to the general public, except
20 for transportation by automobiles not used for conveyance
21 of the general public as passengers; and "public
22 transportation facility" means a terminal or other place
23 where one may obtain public transportation.
24 (d) The presence in an automobile other than a public
25omnibus of any weapon, instrument or substance referred to in
26subsection (a)(7) is prima facie evidence that it is in the

SB1948- 136 -LRB102 15817 RLC 21185 b
1possession of, and is being carried by, all persons occupying
2such automobile at the time such weapon, instrument or
3substance is found, except under the following circumstances:
4(i) if such weapon, instrument or instrumentality is found
5upon the person of one of the occupants therein; or (ii) if
6such weapon, instrument or substance is found in an automobile
7operated for hire by a duly licensed driver in the due, lawful
8and proper pursuit of his or her trade, then such presumption
9shall not apply to the driver.
10 (e) Exemptions.
11 (1) Crossbows, Common or Compound bows and Underwater
12 Spearguns are exempted from the definition of ballistic
13 knife as defined in paragraph (1) of subsection (a) of
14 this Section.
15 (2) The provision of paragraph (1) of subsection (a)
16 of this Section prohibiting the sale, manufacture,
17 purchase, possession, or carrying of any knife, commonly
18 referred to as a switchblade knife, which has a blade that
19 opens automatically by hand pressure applied to a button,
20 spring or other device in the handle of the knife, does not
21 apply to a person eligible under State and federal law to
22 possess a firearm who possesses a currently valid Firearm
23 Owner's Identification Card previously issued in his or
24 her name by the Department of State Police or to a person
25 or an entity engaged in the business of selling or
26 manufacturing switchblade knives.

SB1948- 137 -LRB102 15817 RLC 21185 b
1(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
2 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
3 Sec. 24-1.1. Unlawful use or possession of weapons by
4felons or persons in the custody of the Department of
5Corrections facilities.
6 (a) It is unlawful for a person to knowingly possess on or
7about his person or on his land or in his own abode or fixed
8place of business any weapon prohibited under Section 24-1 of
9this Act or any firearm or any firearm ammunition if the person
10has been convicted of a felony under the laws of this State or
11any other jurisdiction. This Section shall not apply if the
12person has been granted relief under this subsection by the
13Director of the Department of State Police under Section 10 of
14the Firearm Owners Identification Card Act. A person
15prohibited from possessing a firearm under this subsection (a)
16may petition the Director of State Police for a hearing and
17relief from the prohibition, unless the prohibition was based
18upon a forcible felony, stalking, aggravated stalking,
19domestic battery, any violation of the Illinois Controlled
20Substances Act, the Methamphetamine Control and Community
21Protection Act, or the Cannabis Control Act that is classified
22as a Class 2 or greater felony, any felony violation of Article
2324 of the Criminal Code of 1961 or the Criminal Code of 2012,
24or any adjudication as a delinquent minor for the commission
25of an offense that if committed by an adult would be a felony,

SB1948- 138 -LRB102 15817 RLC 21185 b
1in which case the person may petition the circuit court in
2writing in the county of his or her residence for a hearing and
3relief from the prohibition. The Director or court may grant
4the relief if it is established by the petitioner to the
5court's or Director's satisfaction that:
6 (1) when in the circuit court, the State's Attorney
7 has been served with a written copy of the petition at
8 least 30 days before any hearing in the circuit court and
9 at the hearing the State's Attorney was afforded an
10 opportunity to present evidence and object to the
11 petition;
12 (2) the petitioner has not been convicted of a
13 forcible felony under the laws of this State or any other
14 jurisdiction within 20 years of the filing of the
15 petition, or at least 20 years have passed since the end of
16 any period of imprisonment imposed in relation to that
17 conviction;
18 (3) the circumstances regarding a criminal conviction,
19 where applicable, the petitioner's criminal history and
20 his or her reputation are such that the petitioner will
21 not be likely to act in a manner dangerous to public
22 safety;
23 (4) granting relief would not be contrary to the
24 public interest; and
25 (5) granting relief would not be contrary to federal
26 law.

SB1948- 139 -LRB102 15817 RLC 21185 b
1 (b) It is unlawful for any person confined in a penal
2institution, which is a facility of the Illinois Department of
3Corrections, to possess any weapon prohibited under Section
424-1 of this Code or any firearm or firearm ammunition,
5regardless of the intent with which he possesses it.
6 (c) It shall be an affirmative defense to a violation of
7subsection (b), that such possession was specifically
8authorized by rule, regulation, or directive of the Illinois
9Department of Corrections or order issued pursuant thereto.
10 (d) The defense of necessity is not available to a person
11who is charged with a violation of subsection (b) of this
12Section.
13 (e) Sentence. Violation of this Section by a person not
14confined in a penal institution shall be a Class 3 felony for
15which the person shall be sentenced to no less than 2 years and
16no more than 10 years. A second or subsequent violation of this
17Section shall be a Class 2 felony for which the person shall be
18sentenced to a term of imprisonment of not less than 3 years
19and not more than 14 years, except as provided for in Section
205-4.5-110 of the Unified Code of Corrections. Violation of
21this Section by a person not confined in a penal institution
22who has been convicted of a forcible felony, a felony
23violation of Article 24 of this Code or of the Firearm Owners
24Identification Card Act, stalking or aggravated stalking, or a
25Class 2 or greater felony under the Illinois Controlled
26Substances Act, the Cannabis Control Act, or the

SB1948- 140 -LRB102 15817 RLC 21185 b
1Methamphetamine Control and Community Protection Act is a
2Class 2 felony for which the person shall be sentenced to not
3less than 3 years and not more than 14 years, except as
4provided for in Section 5-4.5-110 of the Unified Code of
5Corrections. Violation of this Section by a person who is on
6parole or mandatory supervised release is a Class 2 felony for
7which the person shall be sentenced to not less than 3 years
8and not more than 14 years, except as provided for in Section
95-4.5-110 of the Unified Code of Corrections. Violation of
10this Section by a person not confined in a penal institution is
11a Class X felony when the firearm possessed is a machine gun.
12Any person who violates this Section while confined in a penal
13institution, which is a facility of the Illinois Department of
14Corrections, is guilty of a Class 1 felony, if he possesses any
15weapon prohibited under Section 24-1 of this Code regardless
16of the intent with which he possesses it, a Class X felony if
17he possesses any firearm, firearm ammunition or explosive, and
18a Class X felony for which the offender shall be sentenced to
19not less than 12 years and not more than 50 years when the
20firearm possessed is a machine gun. A violation of this
21Section while wearing or in possession of body armor as
22defined in Section 33F-1 is a Class X felony punishable by a
23term of imprisonment of not less than 10 years and not more
24than 40 years. The possession of each firearm or firearm
25ammunition in violation of this Section constitutes a single
26and separate violation.

SB1948- 141 -LRB102 15817 RLC 21185 b
1(Source: P.A. 100-3, eff. 1-1-18.)
2 (720 ILCS 5/24-1.6)
3 Sec. 24-1.6. Aggravated unlawful use of a weapon.
4 (a) A person commits the offense of aggravated unlawful
5use of a weapon when he or she knowingly:
6 (1) Carries on or about his or her person or in any
7 vehicle or concealed on or about his or her person except
8 when on his or her land or in his or her abode, legal
9 dwelling, or fixed place of business, or on the land or in
10 the legal dwelling of another person as an invitee with
11 that person's permission, any pistol, revolver, stun gun
12 or taser or other firearm; or
13 (2) Carries or possesses on or about his or her
14 person, upon any public street, alley, or other public
15 lands within the corporate limits of a city, village or
16 incorporated town, except when an invitee thereon or
17 therein, for the purpose of the display of such weapon or
18 the lawful commerce in weapons, or except when on his or
19 her own land or in his or her own abode, legal dwelling, or
20 fixed place of business, or on the land or in the legal
21 dwelling of another person as an invitee with that
22 person's permission, any pistol, revolver, stun gun or
23 taser or other firearm; and
24 (3) One of the following factors is present:
25 (A) the firearm, other than a pistol, revolver, or

SB1948- 142 -LRB102 15817 RLC 21185 b
1 handgun, possessed was uncased, loaded, and
2 immediately accessible at the time of the offense; or
3 (A-5) the pistol, revolver, or handgun possessed
4 was uncased, loaded, and immediately accessible at the
5 time of the offense and the person possessing the
6 pistol, revolver, or handgun has not been issued a
7 currently valid license under the Firearm Concealed
8 Carry Act; or
9 (B) the firearm, other than a pistol, revolver, or
10 handgun, possessed was uncased, unloaded, and the
11 ammunition for the weapon was immediately accessible
12 at the time of the offense; or
13 (B-5) the pistol, revolver, or handgun possessed
14 was uncased, unloaded, and the ammunition for the
15 weapon was immediately accessible at the time of the
16 offense and the person possessing the pistol,
17 revolver, or handgun has not been issued a currently
18 valid license under the Firearm Concealed Carry Act;
19 or
20 (C) (blank); or the person possessing the firearm
21 has not been issued a currently valid Firearm Owner's
22 Identification Card; or
23 (D) the person possessing the weapon was
24 previously adjudicated a delinquent minor under the
25 Juvenile Court Act of 1987 for an act that if committed
26 by an adult would be a felony; or

SB1948- 143 -LRB102 15817 RLC 21185 b
1 (E) the person possessing the weapon was engaged
2 in a misdemeanor violation of the Cannabis Control
3 Act, in a misdemeanor violation of the Illinois
4 Controlled Substances Act, or in a misdemeanor
5 violation of the Methamphetamine Control and Community
6 Protection Act; or
7 (F) (blank); or
8 (G) the person possessing the weapon had an order
9 of protection issued against him or her within the
10 previous 2 years; or
11 (H) the person possessing the weapon was engaged
12 in the commission or attempted commission of a
13 misdemeanor involving the use or threat of violence
14 against the person or property of another; or
15 (I) the person possessing the weapon was under 21
16 years of age and in possession of a handgun, unless the
17 person under 21 is engaged in lawful activities under
18 the Wildlife Code or described in subsection
19 24-2(b)(1), (b)(3), or 24-2(f).
20 (a-5) "Handgun" as used in this Section has the meaning
21given to it in Section 5 of the Firearm Concealed Carry Act.
22 (b) "Stun gun or taser" as used in this Section has the
23same definition given to it in Section 24-1 of this Code.
24 (c) This Section does not apply to or affect the
25transportation or possession of weapons that:
26 (i) are broken down in a non-functioning state; or

SB1948- 144 -LRB102 15817 RLC 21185 b
1 (ii) are not immediately accessible; or
2 (iii) are unloaded and enclosed in a case, firearm
3 carrying box, shipping box, or other container by a person
4 is eligible under State and federal law to possess a
5 firearm who has been issued a currently valid Firearm
6 Owner's Identification Card.
7 (d) Sentence.
8 (1) Aggravated unlawful use of a weapon is a Class 4
9 felony; a second or subsequent offense is a Class 2 felony
10 for which the person shall be sentenced to a term of
11 imprisonment of not less than 3 years and not more than 7
12 years, except as provided for in Section 5-4.5-110 of the
13 Unified Code of Corrections.
14 (2) (Blank). Except as otherwise provided in
15 paragraphs (3) and (4) of this subsection (d), a first
16 offense of aggravated unlawful use of a weapon committed
17 with a firearm by a person 18 years of age or older where
18 the factors listed in both items (A) and (C) or both items
19 (A-5) and (C) of paragraph (3) of subsection (a) are
20 present is a Class 4 felony, for which the person shall be
21 sentenced to a term of imprisonment of not less than one
22 year and not more than 3 years.
23 (3) Aggravated unlawful use of a weapon by a person
24 who has been previously convicted of a felony in this
25 State or another jurisdiction is a Class 2 felony for
26 which the person shall be sentenced to a term of

SB1948- 145 -LRB102 15817 RLC 21185 b
1 imprisonment of not less than 3 years and not more than 7
2 years, except as provided for in Section 5-4.5-110 of the
3 Unified Code of Corrections.
4 (4) Aggravated unlawful use of a weapon while wearing
5 or in possession of body armor as defined in Section 33F-1
6 by a person who is prohibited under State or federal law
7 from possessing a firearm has not been issued a valid
8 Firearms Owner's Identification Card in accordance with
9 Section 5 of the Firearm Owners Identification Card Act is
10 a Class X felony.
11 (e) The possession of each firearm in violation of this
12Section constitutes a single and separate violation.
13(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
14 (720 ILCS 5/24-1.8)
15 Sec. 24-1.8. Unlawful possession of a firearm by a street
16gang member.
17 (a) A person commits unlawful possession of a firearm by a
18street gang member when he or she knowingly:
19 (1) possesses, carries, or conceals on or about his or
20 her person a firearm and firearm ammunition while on any
21 street, road, alley, gangway, sidewalk, or any other
22 lands, except when inside his or her own abode or inside
23 his or her fixed place of business, and has not been issued
24 a currently valid Firearm Owner's Identification Card and
25 is a member of a street gang; or

SB1948- 146 -LRB102 15817 RLC 21185 b
1 (2) possesses or carries in any vehicle a firearm and
2 firearm ammunition which are both immediately accessible
3 at the time of the offense while on any street, road,
4 alley, or any other lands, except when inside his or her
5 own abode or garage, and has not been issued a currently
6 valid Firearm Owner's Identification Card and is a member
7 of a street gang.
8 (b) Unlawful possession of a firearm by a street gang
9member is a Class 2 felony for which the person, if sentenced
10to a term of imprisonment, shall be sentenced to no less than 3
11years and no more than 10 years. A period of probation, a term
12of periodic imprisonment or conditional discharge shall not be
13imposed for the offense of unlawful possession of a firearm by
14a street gang member when the firearm was loaded or contained
15firearm ammunition and the court shall sentence the offender
16to not less than the minimum term of imprisonment authorized
17for the Class 2 felony.
18 (c) For purposes of this Section:
19 "Street gang" or "gang" has the meaning ascribed to it
20 in Section 10 of the Illinois Streetgang Terrorism Omnibus
21 Prevention Act.
22 "Street gang member" or "gang member" has the meaning
23 ascribed to it in Section 10 of the Illinois Streetgang
24 Terrorism Omnibus Prevention Act.
25(Source: P.A. 96-829, eff. 12-3-09.)

SB1948- 147 -LRB102 15817 RLC 21185 b
1 (720 ILCS 5/24-2)
2 Sec. 24-2. Exemptions.
3 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
424-1(a)(13) and Section 24-1.6 do not apply to or affect any of
5the following:
6 (1) Peace officers, and any person summoned by a peace
7 officer to assist in making arrests or preserving the
8 peace, while actually engaged in assisting such officer.
9 (2) Wardens, superintendents and keepers of prisons,
10 penitentiaries, jails and other institutions for the
11 detention of persons accused or convicted of an offense,
12 while in the performance of their official duty, or while
13 commuting between their homes and places of employment.
14 (3) Members of the Armed Services or Reserve Forces of
15 the United States or the Illinois National Guard or the
16 Reserve Officers Training Corps, while in the performance
17 of their official duty.
18 (4) Special agents employed by a railroad or a public
19 utility to perform police functions, and guards of armored
20 car companies, while actually engaged in the performance
21 of the duties of their employment or commuting between
22 their homes and places of employment; and watchmen while
23 actually engaged in the performance of the duties of their
24 employment.
25 (5) Persons licensed as private security contractors,
26 private detectives, or private alarm contractors, or

SB1948- 148 -LRB102 15817 RLC 21185 b
1 employed by a private security contractor, private
2 detective, or private alarm contractor agency licensed by
3 the Department of Financial and Professional Regulation,
4 if their duties include the carrying of a weapon under the
5 provisions of the Private Detective, Private Alarm,
6 Private Security, Fingerprint Vendor, and Locksmith Act of
7 2004, while actually engaged in the performance of the
8 duties of their employment or commuting between their
9 homes and places of employment. A person shall be
10 considered eligible for this exemption if he or she has
11 completed the required 20 hours of training for a private
12 security contractor, private detective, or private alarm
13 contractor, or employee of a licensed private security
14 contractor, private detective, or private alarm contractor
15 agency and 20 hours of required firearm training, and has
16 been issued a firearm control card by the Department of
17 Financial and Professional Regulation. Conditions for the
18 renewal of firearm control cards issued under the
19 provisions of this Section shall be the same as for those
20 cards issued under the provisions of the Private
21 Detective, Private Alarm, Private Security, Fingerprint
22 Vendor, and Locksmith Act of 2004. The firearm control
23 card shall be carried by the private security contractor,
24 private detective, or private alarm contractor, or
25 employee of the licensed private security contractor,
26 private detective, or private alarm contractor agency at

SB1948- 149 -LRB102 15817 RLC 21185 b
1 all times when he or she is in possession of a concealable
2 weapon permitted by his or her firearm control card.
3 (6) Any person regularly employed in a commercial or
4 industrial operation as a security guard for the
5 protection of persons employed and private property
6 related to such commercial or industrial operation, while
7 actually engaged in the performance of his or her duty or
8 traveling between sites or properties belonging to the
9 employer, and who, as a security guard, is a member of a
10 security force registered with the Department of Financial
11 and Professional Regulation; provided that such security
12 guard has successfully completed a course of study,
13 approved by and supervised by the Department of Financial
14 and Professional Regulation, consisting of not less than
15 40 hours of training that includes the theory of law
16 enforcement, liability for acts, and the handling of
17 weapons. A person shall be considered eligible for this
18 exemption if he or she has completed the required 20 hours
19 of training for a security officer and 20 hours of
20 required firearm training, and has been issued a firearm
21 control card by the Department of Financial and
22 Professional Regulation. Conditions for the renewal of
23 firearm control cards issued under the provisions of this
24 Section shall be the same as for those cards issued under
25 the provisions of the Private Detective, Private Alarm,
26 Private Security, Fingerprint Vendor, and Locksmith Act of

SB1948- 150 -LRB102 15817 RLC 21185 b
1 2004. The firearm control card shall be carried by the
2 security guard at all times when he or she is in possession
3 of a concealable weapon permitted by his or her firearm
4 control card.
5 (7) Agents and investigators of the Illinois
6 Legislative Investigating Commission authorized by the
7 Commission to carry the weapons specified in subsections
8 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
9 any investigation for the Commission.
10 (8) Persons employed by a financial institution as a
11 security guard for the protection of other employees and
12 property related to such financial institution, while
13 actually engaged in the performance of their duties,
14 commuting between their homes and places of employment, or
15 traveling between sites or properties owned or operated by
16 such financial institution, and who, as a security guard,
17 is a member of a security force registered with the
18 Department; provided that any person so employed has
19 successfully completed a course of study, approved by and
20 supervised by the Department of Financial and Professional
21 Regulation, consisting of not less than 40 hours of
22 training which includes theory of law enforcement,
23 liability for acts, and the handling of weapons. A person
24 shall be considered to be eligible for this exemption if
25 he or she has completed the required 20 hours of training
26 for a security officer and 20 hours of required firearm

SB1948- 151 -LRB102 15817 RLC 21185 b
1 training, and has been issued a firearm control card by
2 the Department of Financial and Professional Regulation.
3 Conditions for renewal of firearm control cards issued
4 under the provisions of this Section shall be the same as
5 for those issued under the provisions of the Private
6 Detective, Private Alarm, Private Security, Fingerprint
7 Vendor, and Locksmith Act of 2004. The firearm control
8 card shall be carried by the security guard at all times
9 when he or she is in possession of a concealable weapon
10 permitted by his or her firearm control card. For purposes
11 of this subsection, "financial institution" means a bank,
12 savings and loan association, credit union or company
13 providing armored car services.
14 (9) Any person employed by an armored car company to
15 drive an armored car, while actually engaged in the
16 performance of his duties.
17 (10) Persons who have been classified as peace
18 officers pursuant to the Peace Officer Fire Investigation
19 Act.
20 (11) Investigators of the Office of the State's
21 Attorneys Appellate Prosecutor authorized by the board of
22 governors of the Office of the State's Attorneys Appellate
23 Prosecutor to carry weapons pursuant to Section 7.06 of
24 the State's Attorneys Appellate Prosecutor's Act.
25 (12) Special investigators appointed by a State's
26 Attorney under Section 3-9005 of the Counties Code.

SB1948- 152 -LRB102 15817 RLC 21185 b
1 (12.5) Probation officers while in the performance of
2 their duties, or while commuting between their homes,
3 places of employment or specific locations that are part
4 of their assigned duties, with the consent of the chief
5 judge of the circuit for which they are employed, if they
6 have received weapons training according to requirements
7 of the Peace Officer and Probation Officer Firearm
8 Training Act.
9 (13) Court Security Officers while in the performance
10 of their official duties, or while commuting between their
11 homes and places of employment, with the consent of the
12 Sheriff.
13 (13.5) A person employed as an armed security guard at
14 a nuclear energy, storage, weapons or development site or
15 facility regulated by the Nuclear Regulatory Commission
16 who has completed the background screening and training
17 mandated by the rules and regulations of the Nuclear
18 Regulatory Commission.
19 (14) Manufacture, transportation, or sale of weapons
20 to persons authorized under subdivisions (1) through
21 (13.5) of this subsection to possess those weapons.
22 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
23to or affect any person carrying a concealed pistol, revolver,
24or handgun and the person has been issued a currently valid
25license under the Firearm Concealed Carry Act at the time of
26the commission of the offense.

SB1948- 153 -LRB102 15817 RLC 21185 b
1 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
2to or affect a qualified current or retired law enforcement
3officer qualified under the laws of this State or under the
4federal Law Enforcement Officers Safety Act.
5 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
624-1.6 do not apply to or affect any of the following:
7 (1) Members of any club or organization organized for
8 the purpose of practicing shooting at targets upon
9 established target ranges, whether public or private, and
10 patrons of such ranges, while such members or patrons are
11 using their firearms on those target ranges.
12 (2) Duly authorized military or civil organizations
13 while parading, with the special permission of the
14 Governor.
15 (3) Hunters, trappers or fishermen with a license or
16 permit while engaged in hunting, trapping or fishing.
17 (4) Transportation of weapons that are broken down in
18 a non-functioning state or are not immediately accessible.
19 (5) Carrying or possessing any pistol, revolver, stun
20 gun or taser or other firearm on the land or in the legal
21 dwelling of another person as an invitee with that
22 person's permission.
23 (c) Subsection 24-1(a)(7) does not apply to or affect any
24of the following:
25 (1) Peace officers while in performance of their
26 official duties.

SB1948- 154 -LRB102 15817 RLC 21185 b
1 (2) Wardens, superintendents and keepers of prisons,
2 penitentiaries, jails and other institutions for the
3 detention of persons accused or convicted of an offense.
4 (3) Members of the Armed Services or Reserve Forces of
5 the United States or the Illinois National Guard, while in
6 the performance of their official duty.
7 (4) Manufacture, transportation, or sale of machine
8 guns to persons authorized under subdivisions (1) through
9 (3) of this subsection to possess machine guns, if the
10 machine guns are broken down in a non-functioning state or
11 are not immediately accessible.
12 (5) Persons licensed under federal law to manufacture
13 any weapon from which 8 or more shots or bullets can be
14 discharged by a single function of the firing device, or
15 ammunition for such weapons, and actually engaged in the
16 business of manufacturing such weapons or ammunition, but
17 only with respect to activities which are within the
18 lawful scope of such business, such as the manufacture,
19 transportation, or testing of such weapons or ammunition.
20 This exemption does not authorize the general private
21 possession of any weapon from which 8 or more shots or
22 bullets can be discharged by a single function of the
23 firing device, but only such possession and activities as
24 are within the lawful scope of a licensed manufacturing
25 business described in this paragraph.
26 During transportation, such weapons shall be broken

SB1948- 155 -LRB102 15817 RLC 21185 b
1 down in a non-functioning state or not immediately
2 accessible.
3 (6) The manufacture, transport, testing, delivery,
4 transfer or sale, and all lawful commercial or
5 experimental activities necessary thereto, of rifles,
6 shotguns, and weapons made from rifles or shotguns, or
7 ammunition for such rifles, shotguns or weapons, where
8 engaged in by a person operating as a contractor or
9 subcontractor pursuant to a contract or subcontract for
10 the development and supply of such rifles, shotguns,
11 weapons or ammunition to the United States government or
12 any branch of the Armed Forces of the United States, when
13 such activities are necessary and incident to fulfilling
14 the terms of such contract.
15 The exemption granted under this subdivision (c)(6)
16 shall also apply to any authorized agent of any such
17 contractor or subcontractor who is operating within the
18 scope of his employment, where such activities involving
19 such weapon, weapons or ammunition are necessary and
20 incident to fulfilling the terms of such contract.
21 (7) A person possessing a rifle with a barrel or
22 barrels less than 16 inches in length if: (A) the person
23 has been issued a Curios and Relics license from the U.S.
24 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
25 (B) the person is an active member of a bona fide,
26 nationally recognized military re-enacting group and the

SB1948- 156 -LRB102 15817 RLC 21185 b
1 modification is required and necessary to accurately
2 portray the weapon for historical re-enactment purposes;
3 the re-enactor is in possession of a valid and current
4 re-enacting group membership credential; and the overall
5 length of the weapon as modified is not less than 26
6 inches.
7 (d) Subsection 24-1(a)(1) does not apply to the purchase,
8possession or carrying of a black-jack or slung-shot by a
9peace officer.
10 (e) Subsection 24-1(a)(8) does not apply to any owner,
11manager or authorized employee of any place specified in that
12subsection nor to any law enforcement officer.
13 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
14Section 24-1.6 do not apply to members of any club or
15organization organized for the purpose of practicing shooting
16at targets upon established target ranges, whether public or
17private, while using their firearms on those target ranges.
18 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
19to:
20 (1) Members of the Armed Services or Reserve Forces of
21 the United States or the Illinois National Guard, while in
22 the performance of their official duty.
23 (2) Bonafide collectors of antique or surplus military
24 ordnance.
25 (3) Laboratories having a department of forensic
26 ballistics, or specializing in the development of

SB1948- 157 -LRB102 15817 RLC 21185 b
1 ammunition or explosive ordnance.
2 (4) Commerce, preparation, assembly or possession of
3 explosive bullets by manufacturers of ammunition licensed
4 by the federal government, in connection with the supply
5 of those organizations and persons exempted by subdivision
6 (g)(1) of this Section, or like organizations and persons
7 outside this State, or the transportation of explosive
8 bullets to any organization or person exempted in this
9 Section by a common carrier or by a vehicle owned or leased
10 by an exempted manufacturer.
11 (g-5) Subsection 24-1(a)(6) does not apply to or affect
12persons licensed under federal law to manufacture any device
13or attachment of any kind designed, used, or intended for use
14in silencing the report of any firearm, firearms, or
15ammunition for those firearms equipped with those devices, and
16actually engaged in the business of manufacturing those
17devices, firearms, or ammunition, but only with respect to
18activities that are within the lawful scope of that business,
19such as the manufacture, transportation, or testing of those
20devices, firearms, or ammunition. This exemption does not
21authorize the general private possession of any device or
22attachment of any kind designed, used, or intended for use in
23silencing the report of any firearm, but only such possession
24and activities as are within the lawful scope of a licensed
25manufacturing business described in this subsection (g-5).
26During transportation, these devices shall be detached from

SB1948- 158 -LRB102 15817 RLC 21185 b
1any weapon or not immediately accessible.
2 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
324-1.6 do not apply to or affect any parole agent or parole
4supervisor who meets the qualifications and conditions
5prescribed in Section 3-14-1.5 of the Unified Code of
6Corrections.
7 (g-7) Subsection 24-1(a)(6) does not apply to a peace
8officer while serving as a member of a tactical response team
9or special operations team. A peace officer may not personally
10own or apply for ownership of a device or attachment of any
11kind designed, used, or intended for use in silencing the
12report of any firearm. These devices shall be owned and
13maintained by lawfully recognized units of government whose
14duties include the investigation of criminal acts.
15 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1624-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
17athlete's possession, transport on official Olympic and
18Paralympic transit systems established for athletes, or use of
19competition firearms sanctioned by the International Olympic
20Committee, the International Paralympic Committee, the
21International Shooting Sport Federation, or USA Shooting in
22connection with such athlete's training for and participation
23in shooting competitions at the 2016 Olympic and Paralympic
24Games and sanctioned test events leading up to the 2016
25Olympic and Paralympic Games.
26 (h) An information or indictment based upon a violation of

SB1948- 159 -LRB102 15817 RLC 21185 b
1any subsection of this Article need not negative any
2exemptions contained in this Article. The defendant shall have
3the burden of proving such an exemption.
4 (i) Nothing in this Article shall prohibit, apply to, or
5affect the transportation, carrying, or possession, of any
6pistol or revolver, stun gun, taser, or other firearm
7consigned to a common carrier operating under license of the
8State of Illinois or the federal government, where such
9transportation, carrying, or possession is incident to the
10lawful transportation in which such common carrier is engaged;
11and nothing in this Article shall prohibit, apply to, or
12affect the transportation, carrying, or possession of any
13pistol, revolver, stun gun, taser, or other firearm, not the
14subject of and regulated by subsection 24-1(a)(7) or
15subsection 24-2(c) of this Article, which is unloaded and
16enclosed in a case, firearm carrying box, shipping box, or
17other container, by a person eligible under State and federal
18law to possess a firearm the possessor of a valid Firearm
19Owners Identification Card.
20(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
21 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
22 Sec. 24-3. Unlawful sale or delivery of firearms.
23 (A) A person commits the offense of unlawful sale or
24delivery of firearms when he or she knowingly does any of the
25following:

SB1948- 160 -LRB102 15817 RLC 21185 b
1 (a) Sells or gives any firearm of a size which may be
2 concealed upon the person to any person under 18 years of
3 age.
4 (b) Sells or gives any firearm to a person under 21
5 years of age who has been convicted of a misdemeanor other
6 than a traffic offense or adjudged delinquent.
7 (c) Sells or gives any firearm to any narcotic addict.
8 (d) Sells or gives any firearm to any person who has
9 been convicted of a felony under the laws of this or any
10 other jurisdiction.
11 (e) Sells or gives any firearm to any person who has
12 been a patient in a mental institution within the past 5
13 years. In this subsection (e):
14 "Mental institution" means any hospital,
15 institution, clinic, evaluation facility, mental
16 health center, or part thereof, which is used
17 primarily for the care or treatment of persons with
18 mental illness.
19 "Patient in a mental institution" means the person
20 was admitted, either voluntarily or involuntarily, to
21 a mental institution for mental health treatment,
22 unless the treatment was voluntary and solely for an
23 alcohol abuse disorder and no other secondary
24 substance abuse disorder or mental illness.
25 (f) Sells or gives any firearms to any person who is a
26 person with an intellectual disability.

SB1948- 161 -LRB102 15817 RLC 21185 b
1 (g) Delivers any firearm, incidental to a sale,
2 without withholding delivery of the firearm for at least
3 72 hours after application for its purchase has been made,
4 or delivers a stun gun or taser, incidental to a sale,
5 without withholding delivery of the stun gun or taser for
6 at least 24 hours after application for its purchase has
7 been made. However, this paragraph (g) does not apply to:
8 (1) the sale of a firearm to a law enforcement officer if
9 the seller of the firearm knows that the person to whom he
10 or she is selling the firearm is a law enforcement officer
11 or the sale of a firearm to a person who desires to
12 purchase a firearm for use in promoting the public
13 interest incident to his or her employment as a bank
14 guard, armed truck guard, or other similar employment; (2)
15 a mail order sale of a firearm from a federally licensed
16 firearms dealer to a nonresident of Illinois under which
17 the firearm is mailed to a federally licensed firearms
18 dealer outside the boundaries of Illinois; (3) (blank);
19 (4) the sale of a firearm to a dealer licensed as a federal
20 firearms dealer under Section 923 of the federal Gun
21 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
22 sale of any rifle, shotgun, or other long gun to a resident
23 registered competitor or attendee or non-resident
24 registered competitor or attendee by any dealer licensed
25 as a federal firearms dealer under Section 923 of the
26 federal Gun Control Act of 1968 at competitive shooting

SB1948- 162 -LRB102 15817 RLC 21185 b
1 events held at the World Shooting Complex sanctioned by a
2 national governing body. For purposes of transfers or
3 sales under subparagraph (5) of this paragraph (g), the
4 Department of Natural Resources shall give notice to the
5 Department of State Police at least 30 calendar days prior
6 to any competitive shooting events at the World Shooting
7 Complex sanctioned by a national governing body. The
8 notification shall be made on a form prescribed by the
9 Department of State Police. The sanctioning body shall
10 provide a list of all registered competitors and attendees
11 at least 24 hours before the events to the Department of
12 State Police. Any changes to the list of registered
13 competitors and attendees shall be forwarded to the
14 Department of State Police as soon as practicable. The
15 Department of State Police must destroy the list of
16 registered competitors and attendees no later than 30 days
17 after the date of the event. Nothing in this paragraph (g)
18 relieves a federally licensed firearm dealer from the
19 requirements of conducting a NICS background check through
20 the Illinois Point of Contact under 18 U.S.C. 922(t). For
21 purposes of this paragraph (g), "application" means when
22 the buyer and seller reach an agreement to purchase a
23 firearm. For purposes of this paragraph (g), "national
24 governing body" means a group of persons who adopt rules
25 and formulate policy on behalf of a national firearm
26 sporting organization.

SB1948- 163 -LRB102 15817 RLC 21185 b
1 (h) While holding any license as a dealer, importer,
2 manufacturer or pawnbroker under the federal Gun Control
3 Act of 1968, manufactures, sells or delivers to any
4 unlicensed person a handgun having a barrel, slide, frame
5 or receiver which is a die casting of zinc alloy or any
6 other nonhomogeneous metal which will melt or deform at a
7 temperature of less than 800 degrees Fahrenheit. For
8 purposes of this paragraph, (1) "firearm" is defined as in
9 the Firearm Owners Identification Card Act; and (2)
10 "handgun" is defined as a firearm designed to be held and
11 fired by the use of a single hand, and includes a
12 combination of parts from which such a firearm can be
13 assembled.
14 (i) Sells or gives a firearm of any size to any person
15 under 18 years of age who is not eligible under State or
16 federal law to possess a firearm does not possess a valid
17 Firearm Owner's Identification Card.
18 (j) Sells or gives a firearm while engaged in the
19 business of selling firearms at wholesale or retail
20 without being licensed as a federal firearms dealer under
21 Section 923 of the federal Gun Control Act of 1968 (18
22 U.S.C. 923). In this paragraph (j):
23 A person "engaged in the business" means a person who
24 devotes time, attention, and labor to engaging in the
25 activity as a regular course of trade or business with the
26 principal objective of livelihood and profit, but does not

SB1948- 164 -LRB102 15817 RLC 21185 b
1 include a person who makes occasional repairs of firearms
2 or who occasionally fits special barrels, stocks, or
3 trigger mechanisms to firearms.
4 "With the principal objective of livelihood and
5 profit" means that the intent underlying the sale or
6 disposition of firearms is predominantly one of obtaining
7 livelihood and pecuniary gain, as opposed to other
8 intents, such as improving or liquidating a personal
9 firearms collection; however, proof of profit shall not be
10 required as to a person who engages in the regular and
11 repetitive purchase and disposition of firearms for
12 criminal purposes or terrorism.
13 (k) (Blank). Sells or transfers ownership of a firearm
14 to a person who does not display to the seller or
15 transferor of the firearm either: (1) a currently valid
16 Firearm Owner's Identification Card that has previously
17 been issued in the transferee's name by the Department of
18 State Police under the provisions of the Firearm Owners
19 Identification Card Act; or (2) a currently valid license
20 to carry a concealed firearm that has previously been
21 issued in the transferee's name by the Department of State
22 Police under the Firearm Concealed Carry Act. This
23 paragraph (k) does not apply to the transfer of a firearm
24 to a person who is exempt from the requirement of
25 possessing a Firearm Owner's Identification Card under
26 Section 2 of the Firearm Owners Identification Card Act.

SB1948- 165 -LRB102 15817 RLC 21185 b
1 For the purposes of this Section, a currently valid
2 Firearm Owner's Identification Card means (i) a Firearm
3 Owner's Identification Card that has not expired or (ii)
4 an approval number issued in accordance with subsection
5 (a-10) of subsection 3 or Section 3.1 of the Firearm
6 Owners Identification Card Act shall be proof that the
7 Firearm Owner's Identification Card was valid.
8 (1) (Blank). In addition to the other requirements
9 of this paragraph (k), all persons who are not
10 federally licensed firearms dealers must also have
11 complied with subsection (a-10) of Section 3 of the
12 Firearm Owners Identification Card Act by determining
13 the validity of a purchaser's Firearm Owner's
14 Identification Card.
15 (2) (Blank). All sellers or transferors who have
16 complied with the requirements of subparagraph (1) of
17 this paragraph (k) shall not be liable for damages in
18 any civil action arising from the use or misuse by the
19 transferee of the firearm transferred, except for
20 willful or wanton misconduct on the part of the seller
21 or transferor.
22 (l) Not being entitled to the possession of a firearm,
23 delivers the firearm, knowing it to have been stolen or
24 converted. It may be inferred that a person who possesses
25 a firearm with knowledge that its serial number has been
26 removed or altered has knowledge that the firearm is

SB1948- 166 -LRB102 15817 RLC 21185 b
1 stolen or converted.
2 (B) Paragraph (h) of subsection (A) does not include
3firearms sold within 6 months after enactment of Public Act
478-355 (approved August 21, 1973, effective October 1, 1973),
5nor is any firearm legally owned or possessed by any citizen or
6purchased by any citizen within 6 months after the enactment
7of Public Act 78-355 subject to confiscation or seizure under
8the provisions of that Public Act. Nothing in Public Act
978-355 shall be construed to prohibit the gift or trade of any
10firearm if that firearm was legally held or acquired within 6
11months after the enactment of that Public Act.
12 (C) Sentence.
13 (1) Any person convicted of unlawful sale or delivery
14 of firearms in violation of paragraph (c), (e), (f), (g),
15 or (h) of subsection (A) commits a Class 4 felony.
16 (2) Any person convicted of unlawful sale or delivery
17 of firearms in violation of paragraph (b) or (i) of
18 subsection (A) commits a Class 3 felony.
19 (3) Any person convicted of unlawful sale or delivery
20 of firearms in violation of paragraph (a) of subsection
21 (A) commits a Class 2 felony.
22 (4) Any person convicted of unlawful sale or delivery
23 of firearms in violation of paragraph (a), (b), or (i) of
24 subsection (A) in any school, on the real property
25 comprising a school, within 1,000 feet of the real
26 property comprising a school, at a school related

SB1948- 167 -LRB102 15817 RLC 21185 b
1 activity, or on or within 1,000 feet of any conveyance
2 owned, leased, or contracted by a school or school
3 district to transport students to or from school or a
4 school related activity, regardless of the time of day or
5 time of year at which the offense was committed, commits a
6 Class 1 felony. Any person convicted of a second or
7 subsequent violation of unlawful sale or delivery of
8 firearms in violation of paragraph (a), (b), or (i) of
9 subsection (A) in any school, on the real property
10 comprising a school, within 1,000 feet of the real
11 property comprising a school, at a school related
12 activity, or on or within 1,000 feet of any conveyance
13 owned, leased, or contracted by a school or school
14 district to transport students to or from school or a
15 school related activity, regardless of the time of day or
16 time of year at which the offense was committed, commits a
17 Class 1 felony for which the sentence shall be a term of
18 imprisonment of no less than 5 years and no more than 15
19 years.
20 (5) Any person convicted of unlawful sale or delivery
21 of firearms in violation of paragraph (a) or (i) of
22 subsection (A) in residential property owned, operated, or
23 managed by a public housing agency or leased by a public
24 housing agency as part of a scattered site or mixed-income
25 development, in a public park, in a courthouse, on
26 residential property owned, operated, or managed by a

SB1948- 168 -LRB102 15817 RLC 21185 b
1 public housing agency or leased by a public housing agency
2 as part of a scattered site or mixed-income development,
3 on the real property comprising any public park, on the
4 real property comprising any courthouse, or on any public
5 way within 1,000 feet of the real property comprising any
6 public park, courthouse, or residential property owned,
7 operated, or managed by a public housing agency or leased
8 by a public housing agency as part of a scattered site or
9 mixed-income development commits a Class 2 felony.
10 (6) Any person convicted of unlawful sale or delivery
11 of firearms in violation of paragraph (j) of subsection
12 (A) commits a Class A misdemeanor. A second or subsequent
13 violation is a Class 4 felony.
14 (7) (Blank). Any person convicted of unlawful sale or
15 delivery of firearms in violation of paragraph (k) of
16 subsection (A) commits a Class 4 felony, except that a
17 violation of subparagraph (1) of paragraph (k) of
18 subsection (A) shall not be punishable as a crime or petty
19 offense. A third or subsequent conviction for a violation
20 of paragraph (k) of subsection (A) is a Class 1 felony.
21 (8) A person 18 years of age or older convicted of
22 unlawful sale or delivery of firearms in violation of
23 paragraph (a) or (i) of subsection (A), when the firearm
24 that was sold or given to another person under 18 years of
25 age was used in the commission of or attempt to commit a
26 forcible felony, shall be fined or imprisoned, or both,

SB1948- 169 -LRB102 15817 RLC 21185 b
1 not to exceed the maximum provided for the most serious
2 forcible felony so committed or attempted by the person
3 under 18 years of age who was sold or given the firearm.
4 (9) Any person convicted of unlawful sale or delivery
5 of firearms in violation of paragraph (d) of subsection
6 (A) commits a Class 3 felony.
7 (10) Any person convicted of unlawful sale or delivery
8 of firearms in violation of paragraph (l) of subsection
9 (A) commits a Class 2 felony if the delivery is of one
10 firearm. Any person convicted of unlawful sale or delivery
11 of firearms in violation of paragraph (l) of subsection
12 (A) commits a Class 1 felony if the delivery is of not less
13 than 2 and not more than 5 firearms at the same time or
14 within a one year period. Any person convicted of unlawful
15 sale or delivery of firearms in violation of paragraph (l)
16 of subsection (A) commits a Class X felony for which he or
17 she shall be sentenced to a term of imprisonment of not
18 less than 6 years and not more than 30 years if the
19 delivery is of not less than 6 and not more than 10
20 firearms at the same time or within a 2 year period. Any
21 person convicted of unlawful sale or delivery of firearms
22 in violation of paragraph (l) of subsection (A) commits a
23 Class X felony for which he or she shall be sentenced to a
24 term of imprisonment of not less than 6 years and not more
25 than 40 years if the delivery is of not less than 11 and
26 not more than 20 firearms at the same time or within a 3

SB1948- 170 -LRB102 15817 RLC 21185 b
1 year period. Any person convicted of unlawful sale or
2 delivery of firearms in violation of paragraph (l) of
3 subsection (A) commits a Class X felony for which he or she
4 shall be sentenced to a term of imprisonment of not less
5 than 6 years and not more than 50 years if the delivery is
6 of not less than 21 and not more than 30 firearms at the
7 same time or within a 4 year period. Any person convicted
8 of unlawful sale or delivery of firearms in violation of
9 paragraph (l) of subsection (A) commits a Class X felony
10 for which he or she shall be sentenced to a term of
11 imprisonment of not less than 6 years and not more than 60
12 years if the delivery is of 31 or more firearms at the same
13 time or within a 5 year period.
14 (D) For purposes of this Section:
15 "School" means a public or private elementary or secondary
16school, community college, college, or university.
17 "School related activity" means any sporting, social,
18academic, or other activity for which students' attendance or
19participation is sponsored, organized, or funded in whole or
20in part by a school or school district.
21 (E) A prosecution for a violation of paragraph (k) of
22subsection (A) of this Section may be commenced within 6 years
23after the commission of the offense. A prosecution for a
24violation of this Section other than paragraph (g) of
25subsection (A) of this Section may be commenced within 5 years
26after the commission of the offense defined in the particular

SB1948- 171 -LRB102 15817 RLC 21185 b
1paragraph.
2(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
399-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
4 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
5 Sec. 24-3.1. Unlawful possession of firearms and firearm
6ammunition.
7 (a) A person commits the offense of unlawful possession of
8firearms or firearm ammunition when:
9 (1) He is under 18 years of age and has in his
10 possession any firearm of a size which may be concealed
11 upon the person; or
12 (2) He is under 21 years of age, has been convicted of
13 a misdemeanor other than a traffic offense or adjudged
14 delinquent and has any firearms or firearm ammunition in
15 his possession; or
16 (3) He is a narcotic addict and has any firearms or
17 firearm ammunition in his possession; or
18 (4) He has been a patient in a mental institution
19 within the past 5 years and has any firearms or firearm
20 ammunition in his possession. For purposes of this
21 paragraph (4):
22 "Mental institution" means any hospital,
23 institution, clinic, evaluation facility, mental
24 health center, or part thereof, which is used
25 primarily for the care or treatment of persons with

SB1948- 172 -LRB102 15817 RLC 21185 b
1 mental illness.
2 "Patient in a mental institution" means the person
3 was admitted, either voluntarily or involuntarily, to
4 a mental institution for mental health treatment,
5 unless the treatment was voluntary and solely for an
6 alcohol abuse disorder and no other secondary
7 substance abuse disorder or mental illness; or
8 (5) He is a person with an intellectual disability and
9 has any firearms or firearm ammunition in his possession;
10 or
11 (6) He has in his possession any explosive bullet.
12 For purposes of this paragraph "explosive bullet" means
13the projectile portion of an ammunition cartridge which
14contains or carries an explosive charge which will explode
15upon contact with the flesh of a human or an animal.
16"Cartridge" means a tubular metal case having a projectile
17affixed at the front thereof and a cap or primer at the rear
18end thereof, with the propellant contained in such tube
19between the projectile and the cap.
20 (a-5) A person prohibited from possessing a firearm under
21this Section may petition the Director of State Police for a
22hearing and relief from the prohibition, unless the
23prohibition was based upon a forcible felony, stalking,
24aggravated stalking, domestic battery, any violation of the
25Illinois Controlled Substances Act, the Methamphetamine
26Control and Community Protection Act, or the Cannabis Control

SB1948- 173 -LRB102 15817 RLC 21185 b
1Act that is classified as a Class 2 or greater felony, any
2felony violation of Article 24 of the Criminal Code of 1961 or
3the Criminal Code of 2012, or any adjudication as a delinquent
4minor for the commission of an offense that if committed by an
5adult would be a felony, in which case the person may petition
6the circuit court in writing in the county of his or her
7residence for a hearing and relief from the prohibition. The
8Director or court may grant the relief if it is established by
9the petitioner to the court's or Director's satisfaction that:
10 (1) when in the circuit court, the State's Attorney
11 has been served with a written copy of the petition at
12 least 30 days before any hearing in the circuit court and
13 at the hearing the State's Attorney was afforded an
14 opportunity to present evidence and object to the
15 petition;
16 (2) the petitioner has not been convicted of a
17 forcible felony under the laws of this State or any other
18 jurisdiction within 20 years of the filing of the
19 petition, or at least 20 years have passed since the end of
20 any period of imprisonment imposed in relation to that
21 conviction;
22 (3) the circumstances regarding a criminal conviction,
23 where applicable, the petitioner's criminal history and
24 his reputation are such that the petitioner will not be
25 likely to act in a manner dangerous to public safety;
26 (4) granting relief would not be contrary to the

SB1948- 174 -LRB102 15817 RLC 21185 b
1 public interest; and
2 (5) granting relief would not be contrary to federal
3 law.
4 (b) Sentence.
5 Unlawful possession of firearms, other than handguns, and
6firearm ammunition is a Class A misdemeanor. Unlawful
7possession of handguns is a Class 4 felony. The possession of
8each firearm or firearm ammunition in violation of this
9Section constitutes a single and separate violation.
10 (c) Nothing in paragraph (1) of subsection (a) of this
11Section prohibits a person under 18 years of age from
12participating in any lawful recreational activity with a
13firearm such as, but not limited to, practice shooting at
14targets upon established public or private target ranges or
15hunting, trapping, or fishing in accordance with the Wildlife
16Code or the Fish and Aquatic Life Code.
17(Source: P.A. 99-143, eff. 7-27-15.)
18 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
19 Sec. 24-3.2. Unlawful discharge of firearm projectiles.
20 (a) A person commits the offense of unlawful discharge of
21firearm projectiles when he or she knowingly or recklessly
22uses an armor piercing bullet, dragon's breath shotgun shell,
23bolo shell, or flechette shell in violation of this Section.
24 For purposes of this Section:
25 "Armor piercing bullet" means any handgun bullet or

SB1948- 175 -LRB102 15817 RLC 21185 b
1handgun ammunition with projectiles or projectile cores
2constructed entirely (excluding the presence of traces of
3other substances) from tungsten alloys, steel, iron, brass,
4bronze, beryllium copper or depleted uranium, or fully
5jacketed bullets larger than 22 caliber whose jacket has a
6weight of more than 25% of the total weight of the projectile,
7and excluding those handgun projectiles whose cores are
8composed of soft materials such as lead or lead alloys, zinc or
9zinc alloys, frangible projectiles designed primarily for
10sporting purposes, and any other projectiles or projectile
11cores that the U. S. Secretary of the Treasury finds to be
12primarily intended to be used for sporting purposes or
13industrial purposes or that otherwise does not constitute
14"armor piercing ammunition" as that term is defined by federal
15law.
16 "Dragon's breath shotgun shell" means any shotgun shell
17that contains exothermic pyrophoric mesh metal as the
18projectile and is designed for the purpose of throwing or
19spewing a flame or fireball to simulate a flame-thrower.
20 "Bolo shell" means any shell that can be fired in a firearm
21and expels as projectiles 2 or more metal balls connected by
22solid metal wire.
23 "Flechette shell" means any shell that can be fired in a
24firearm and expels 2 or more pieces of fin-stabilized solid
25metal wire or 2 or more solid dart-type projectiles.
26 (b) A person commits a Class X felony when he or she,

SB1948- 176 -LRB102 15817 RLC 21185 b
1knowing that a firearm, as defined in Section 1.1 of the
2Firearm Owners Identification Card Act, is loaded with an
3armor piercing bullet, dragon's breath shotgun shell, bolo
4shell, or flechette shell, intentionally or recklessly
5discharges such firearm and such bullet or shell strikes any
6other person.
7 (c) Any person who possesses, concealed on or about his or
8her person, an armor piercing bullet, dragon's breath shotgun
9shell, bolo shell, or flechette shell and a firearm suitable
10for the discharge thereof is guilty of a Class 2 felony.
11 (d) This Section does not apply to or affect any of the
12following:
13 (1) Peace officers;
14 (2) Wardens, superintendents and keepers of prisons,
15 penitentiaries, jails and other institutions for the
16 detention of persons accused or convicted of an offense;
17 (3) Members of the Armed Services or Reserve Forces of
18 the United States or the Illinois National Guard while in
19 the performance of their official duties;
20 (4) Federal officials required to carry firearms,
21 while engaged in the performance of their official duties;
22 (5) United States Marshals, while engaged in the
23 performance of their official duties.
24(Source: P.A. 92-423, eff. 1-1-02.)
25 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)

SB1948- 177 -LRB102 15817 RLC 21185 b
1 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
2 (a) It shall be unlawful for any person who holds a license
3to sell at retail any alcoholic liquor issued by the Illinois
4Liquor Control Commission or local liquor control commissioner
5under the Liquor Control Act of 1934 or an agent or employee of
6the licensee to sell or deliver to any other person a firearm
7in or on the real property of the establishment where the
8licensee is licensed to sell alcoholic liquors unless the sale
9or delivery of the firearm is otherwise lawful under this
10Article and under the Firearm Owners Identification Card Act.
11 (b) Sentence. A violation of subsection (a) of this
12Section is a Class 4 felony.
13(Source: P.A. 87-591.)
14 (720 ILCS 5/24-3.5)
15 Sec. 24-3.5. Unlawful purchase of a firearm.
16 (a) For purposes of this Section, "firearms transaction
17record form" means a form:
18 (1) executed by a transferee of a firearm stating: (i)
19 the transferee's name and address (including county or
20 similar political subdivision); (ii) whether the
21 transferee is a citizen of the United States; (iii) the
22 transferee's State of residence; and (iv) the date and
23 place of birth, height, weight, and race of the
24 transferee; and
25 (2) on which the transferee certifies that he or she

SB1948- 178 -LRB102 15817 RLC 21185 b
1 is not prohibited by federal law from transporting or
2 shipping a firearm in interstate or foreign commerce or
3 receiving a firearm that has been shipped or transported
4 in interstate or foreign commerce or possessing a firearm
5 in or affecting commerce.
6 (b) A person commits the offense of unlawful purchase of a
7firearm who knowingly purchases or attempts to purchase a
8firearm with the intent to deliver that firearm to another
9person who is prohibited by federal or State law from
10possessing a firearm.
11 (c) A person commits the offense of unlawful purchase of a
12firearm when he or she, in purchasing or attempting to
13purchase a firearm, intentionally provides false or misleading
14information on a United States Department of the Treasury,
15Bureau of Alcohol, Tobacco and Firearms firearms transaction
16record form.
17 (d) Exemption. It is not a violation of subsection (b) of
18this Section for a person to make a gift or loan of a firearm
19to a person who is not prohibited by federal or State law from
20possessing a firearm if the transfer of the firearm is made in
21accordance with Section 3 of the Firearm Owners Identification
22Card Act.
23 (e) Sentence.
24 (1) A person who commits the offense of unlawful
25 purchase of a firearm:
26 (A) is guilty of a Class 2 felony for purchasing or

SB1948- 179 -LRB102 15817 RLC 21185 b
1 attempting to purchase one firearm;
2 (B) is guilty of a Class 1 felony for purchasing or
3 attempting to purchase not less than 2 firearms and
4 not more than 5 firearms at the same time or within a
5 one year period;
6 (C) is guilty of a Class X felony for which the
7 offender shall be sentenced to a term of imprisonment
8 of not less than 9 years and not more than 40 years for
9 purchasing or attempting to purchase not less than 6
10 firearms at the same time or within a 2 year period.
11 (2) In addition to any other penalty that may be
12 imposed for a violation of this Section, the court may
13 sentence a person convicted of a violation of subsection
14 (c) of this Section to a fine not to exceed $250,000 for
15 each violation.
16 (f) A prosecution for unlawful purchase of a firearm may
17be commenced within 6 years after the commission of the
18offense.
19(Source: P.A. 95-882, eff. 1-1-09.)
20 (720 ILCS 5/24-3B)
21 Sec. 24-3B. Firearms trafficking.
22 (a) A person commits firearms trafficking when he or she
23is prohibited under federal or State law from possessing a
24firearm has not been issued a currently valid Firearm Owner's
25Identification Card and knowingly:

SB1948- 180 -LRB102 15817 RLC 21185 b
1 (1) brings, or causes to be brought, into this State,
2 a firearm or firearm ammunition for the purpose of sale,
3 delivery, or transfer to any other person or with the
4 intent to sell, deliver, or transfer the firearm or
5 firearm ammunition to any other person; or
6 (2) brings, or causes to be brought, into this State,
7 a firearm and firearm ammunition for the purpose of sale,
8 delivery, or transfer to any other person or with the
9 intent to sell, deliver, or transfer the firearm and
10 firearm ammunition to any other person.
11 (a-5) (Blank). This Section does not apply to:
12 (1) a person exempt under Section 2 of the Firearm
13 Owners Identification Card Act from the requirement of
14 having possession of a Firearm Owner's Identification Card
15 previously issued in his or her name by the Department of
16 State Police in order to acquire or possess a firearm or
17 firearm ammunition;
18 (2) a common carrier under subsection (i) of Section
19 24-2 of this Code; or
20 (3) a non-resident who may lawfully possess a firearm
21 in his or her resident state.
22 (b) Sentence.
23 (1) Firearms trafficking is a Class 1 felony for which
24 the person, if sentenced to a term of imprisonment, shall
25 be sentenced to not less than 4 years and not more than 20
26 years.

SB1948- 181 -LRB102 15817 RLC 21185 b
1 (2) Firearms trafficking by a person who has been
2 previously convicted of firearms trafficking, gunrunning,
3 or a felony offense for the unlawful sale, delivery, or
4 transfer of a firearm or firearm ammunition in this State
5 or another jurisdiction is a Class X felony.
6(Source: P.A. 99-885, eff. 8-23-16.)
7 (720 ILCS 5/24-4.1)
8 Sec. 24-4.1. Report of lost or stolen firearms.
9 (a) If a person who possesses a valid Firearm Owner's
10Identification Card and who possesses or acquires a firearm
11thereafter loses the firearm, or if the firearm is stolen from
12the person, the person must report the loss or theft to the
13local law enforcement agency within 72 hours after obtaining
14knowledge of the loss or theft.
15 (b) A law enforcement agency having jurisdiction shall
16take a written report and shall, as soon as practical, enter
17the firearm's serial number as stolen into the Law Enforcement
18Agencies Data System (LEADS).
19 (c) A person shall not be in violation of this Section if:
20 (1) the failure to report is due to an act of God, act
21 of war, or inability of a law enforcement agency to
22 receive the report;
23 (2) the person is hospitalized, in a coma, or is
24 otherwise seriously physically or mentally impaired as to
25 prevent the person from reporting; or

SB1948- 182 -LRB102 15817 RLC 21185 b
1 (3) the person's designee makes a report if the person
2 is unable to make the report.
3 (d) Sentence. A person who violates this Section is guilty
4of a petty offense for a first violation. A second or
5subsequent violation of this Section is a Class A misdemeanor.
6(Source: P.A. 98-508, eff. 8-19-13.)
7 (720 ILCS 5/24-4.5 new)
8 Sec. 24-4.5. Dial up system.
9 (a) The Department of State Police shall provide a dial up
10telephone system or utilize other existing technology which
11shall be used by any federally licensed firearm dealer, gun
12show promoter, or gun show vendor who is to transfer a firearm,
13stun gun, or taser under the provisions of this Code. The
14Department of State Police may utilize existing technology
15which allows the caller to be charged a fee not to exceed $2.
16Fees collected by the Department of State Police shall be
17deposited in the State Police Services Fund and used to
18provide the service.
19 (b) Upon receiving a request from a federally licensed
20firearm dealer, gun show promoter, or gun show vendor, the
21Department of State Police shall immediately approve, or
22within the time period established by Section 24-3 of this
23Code regarding the delivery of firearms, stun guns, and tasers
24notify the inquiring dealer, gun show promoter, or gun show
25vendor of any objection that would disqualify the transferee

SB1948- 183 -LRB102 15817 RLC 21185 b
1from acquiring or possessing a firearm, stun gun, or taser. In
2conducting the inquiry, the Department of State Police shall
3initiate and complete an automated search of its criminal
4history record information files and those of the Federal
5Bureau of Investigation, including the National Instant
6Criminal Background Check System, and of the files of the
7Department of Human Services relating to mental health and
8developmental disabilities to obtain any felony conviction or
9patient hospitalization information which would disqualify a
10person from obtaining a firearm.
11 (c) If receipt of a firearm would not violate Section 24-3
12of this Code or federal law, the Department of State Police
13shall:
14 (1) assign a unique identification number to the
15 transfer; and
16 (2) provide the licensee, gun show promoter, or gun
17 show vendor with the number.
18 (d) Approvals issued by the Department of State Police for
19the purchase of a firearm are valid for 30 days from the date
20of issue.
21 (e)(1) The Department of State Police must act as the
22Illinois Point of Contact for the National Instant Criminal
23Background Check System.
24 (2) The Department of State Police and the Department of
25Human Services shall, in accordance with State and federal law
26regarding confidentiality, enter into a memorandum of

SB1948- 184 -LRB102 15817 RLC 21185 b
1understanding with the Federal Bureau of Investigation for the
2purpose of implementing the National Instant Criminal
3Background Check System in the State. The Department of State
4Police shall report the name, date of birth, and physical
5description of any person prohibited from possessing a firearm
6under this Code or 18 U.S.C. 922(g) and (n) to the National
7Instant Criminal Background Check System Index, Denied Persons
8Files.
9 (f) The Department of State Police shall adopt rules not
10inconsistent with this Section to implement this system.
11 (720 ILCS 5/24-9)
12 Sec. 24-9. Firearms; Child Protection.
13 (a) Except as provided in subsection (c), it is unlawful
14for any person to store or leave, within premises under his or
15her control, a firearm if the person knows or has reason to
16believe that a minor under the age of 14 years who does not
17have a Firearm Owners Identification Card is likely to gain
18access to the firearm without the lawful permission of the
19person possessing the firearm, minor's parent, guardian, or
20person having charge of the minor, and the minor causes death
21or great bodily harm with the firearm, unless the firearm is:
22 (1) secured by a device or mechanism, other than the
23 firearm safety, designed to render a firearm temporarily
24 inoperable; or
25 (2) placed in a securely locked box or container; or

SB1948- 185 -LRB102 15817 RLC 21185 b
1 (3) placed in some other location that a reasonable
2 person would believe to be secure from a minor under the
3 age of 14 years.
4 (b) Sentence. A person who violates this Section is guilty
5of a Class C misdemeanor and shall be fined not less than
6$1,000. A second or subsequent violation of this Section is a
7Class A misdemeanor.
8 (c) Subsection (a) does not apply:
9 (1) if the minor under 14 years of age gains access to
10 a firearm and uses it in a lawful act of self-defense or
11 defense of another; or
12 (2) to any firearm obtained by a minor under the age of
13 14 because of an unlawful entry of the premises by the
14 minor or another person.
15 (d) (Blank). For the purposes of this Section, "firearm"
16has the meaning ascribed to it in Section 1.1 of the Firearm
17Owners Identification Card Act.
18(Source: P.A. 91-18, eff. 1-1-00.)
19 Section 80. The Methamphetamine Control and Community
20Protection Act is amended by changing Section 10 as follows:
21 (720 ILCS 646/10)
22 Sec. 10. Definitions. As used in this Act:
23 "Anhydrous ammonia" has the meaning provided in subsection
24(d) of Section 3 of the Illinois Fertilizer Act of 1961.

SB1948- 186 -LRB102 15817 RLC 21185 b
1 "Anhydrous ammonia equipment" means all items used to
2store, hold, contain, handle, transfer, transport, or apply
3anhydrous ammonia for lawful purposes.
4 "Booby trap" means any device designed to cause physical
5injury when triggered by an act of a person approaching,
6entering, or moving through a structure, a vehicle, or any
7location where methamphetamine has been manufactured, is being
8manufactured, or is intended to be manufactured.
9 "Deliver" or "delivery" has the meaning provided in
10subsection (h) of Section 102 of the Illinois Controlled
11Substances Act.
12 "Director" means the Director of State Police or the
13Director's designated agents.
14 "Dispose" or "disposal" means to abandon, discharge,
15release, deposit, inject, dump, spill, leak, or place
16methamphetamine waste onto or into any land, water, or well of
17any type so that the waste has the potential to enter the
18environment, be emitted into the air, or be discharged into
19the soil or any waters, including groundwater.
20 "Emergency response" means the act of collecting evidence
21from or securing a methamphetamine laboratory site,
22methamphetamine waste site or other methamphetamine-related
23site and cleaning up the site, whether these actions are
24performed by public entities or private contractors paid by
25public entities.
26 "Emergency service provider" means a local, State, or

SB1948- 187 -LRB102 15817 RLC 21185 b
1federal peace officer, firefighter, emergency medical
2technician-ambulance, emergency medical
3technician-intermediate, emergency medical
4technician-paramedic, ambulance driver, or other medical or
5first aid personnel rendering aid, or any agent or designee of
6the foregoing.
7 "Finished methamphetamine" means methamphetamine in a form
8commonly used for personal consumption.
9 "Firearm" has the meaning provided in Section 2-7.5 of the
10Criminal Code of 2012 1.1 of the Firearm Owners Identification
11Card Act.
12 "Manufacture" means to produce, prepare, compound,
13convert, process, synthesize, concentrate, purify, separate,
14extract, or package any methamphetamine, methamphetamine
15precursor, methamphetamine manufacturing catalyst,
16methamphetamine manufacturing reagent, methamphetamine
17manufacturing solvent, or any substance containing any of the
18foregoing.
19 "Methamphetamine" means the chemical methamphetamine (a
20Schedule II controlled substance under the Illinois Controlled
21Substances Act) or any salt, optical isomer, salt of optical
22isomer, or analog thereof, with the exception of
233,4-Methylenedioxymethamphetamine (MDMA) or any other
24scheduled substance with a separate listing under the Illinois
25Controlled Substances Act.
26 "Methamphetamine manufacturing catalyst" means any

SB1948- 188 -LRB102 15817 RLC 21185 b
1substance that has been used, is being used, or is intended to
2be used to activate, accelerate, extend, or improve a chemical
3reaction involved in the manufacture of methamphetamine.
4 "Methamphetamine manufacturing environment" means a
5structure or vehicle in which:
6 (1) methamphetamine is being or has been manufactured;
7 (2) chemicals that are being used, have been used, or
8 are intended to be used to manufacture methamphetamine are
9 stored;
10 (3) methamphetamine manufacturing materials that have
11 been used to manufacture methamphetamine are stored; or
12 (4) methamphetamine manufacturing waste is stored.
13 "Methamphetamine manufacturing material" means any
14methamphetamine precursor, substance containing any
15methamphetamine precursor, methamphetamine manufacturing
16catalyst, substance containing any methamphetamine
17manufacturing catalyst, methamphetamine manufacturing
18reagent, substance containing any methamphetamine
19manufacturing reagent, methamphetamine manufacturing solvent,
20substance containing any methamphetamine manufacturing
21solvent, or any other chemical, substance, ingredient,
22equipment, apparatus, or item that is being used, has been
23used, or is intended to be used in the manufacture of
24methamphetamine.
25 "Methamphetamine manufacturing reagent" means any
26substance other than a methamphetamine manufacturing catalyst

SB1948- 189 -LRB102 15817 RLC 21185 b
1that has been used, is being used, or is intended to be used to
2react with and chemically alter any methamphetamine precursor.
3 "Methamphetamine manufacturing solvent" means any
4substance that has been used, is being used, or is intended to
5be used as a medium in which any methamphetamine precursor,
6methamphetamine manufacturing catalyst, methamphetamine
7manufacturing reagent, or any substance containing any of the
8foregoing is dissolved, diluted, or washed during any part of
9the methamphetamine manufacturing process.
10 "Methamphetamine manufacturing waste" means any chemical,
11substance, ingredient, equipment, apparatus, or item that is
12left over from, results from, or is produced by the process of
13manufacturing methamphetamine, other than finished
14methamphetamine.
15 "Methamphetamine precursor" means ephedrine,
16pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
17phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
18isomer, or salt of an optical isomer of any of these chemicals.
19 "Multi-unit dwelling" means a unified structure used or
20intended for use as a habitation, home, or residence that
21contains 2 or more condominiums, apartments, hotel rooms,
22motel rooms, or other living units.
23 "Package" means an item marked for retail sale that is not
24designed to be further broken down or subdivided for the
25purpose of retail sale.
26 "Participate" or "participation" in the manufacture of

SB1948- 190 -LRB102 15817 RLC 21185 b
1methamphetamine means to produce, prepare, compound, convert,
2process, synthesize, concentrate, purify, separate, extract,
3or package any methamphetamine, methamphetamine precursor,
4methamphetamine manufacturing catalyst, methamphetamine
5manufacturing reagent, methamphetamine manufacturing solvent,
6or any substance containing any of the foregoing, or to assist
7in any of these actions, or to attempt to take any of these
8actions, regardless of whether this action or these actions
9result in the production of finished methamphetamine.
10 "Person with a disability" means a person who suffers from
11a permanent physical or mental impairment resulting from
12disease, injury, functional disorder, or congenital condition
13which renders the person incapable of adequately providing for
14his or her own health and personal care.
15 "Procure" means to purchase, steal, gather, or otherwise
16obtain, by legal or illegal means, or to cause another to take
17such action.
18 "Second or subsequent offense" means an offense under this
19Act committed by an offender who previously committed an
20offense under this Act, the Illinois Controlled Substances
21Act, the Cannabis Control Act, or another Act of this State,
22another state, or the United States relating to
23methamphetamine, cannabis, or any other controlled substance.
24 "Standard dosage form", as used in relation to any
25methamphetamine precursor, means that the methamphetamine
26precursor is contained in a pill, tablet, capsule, caplet, gel

SB1948- 191 -LRB102 15817 RLC 21185 b
1cap, or liquid cap that has been manufactured by a lawful
2entity and contains a standard quantity of methamphetamine
3precursor.
4 "Unauthorized container", as used in relation to anhydrous
5ammonia, means any container that is not designed for the
6specific and sole purpose of holding, storing, transporting,
7or applying anhydrous ammonia. "Unauthorized container"
8includes, but is not limited to, any propane tank, fire
9extinguisher, oxygen cylinder, gasoline can, food or beverage
10cooler, or compressed gas cylinder used in dispensing fountain
11drinks. "Unauthorized container" does not encompass anhydrous
12ammonia manufacturing plants, refrigeration systems where
13anhydrous ammonia is used solely as a refrigerant, anhydrous
14ammonia transportation pipelines, anhydrous ammonia tankers,
15or anhydrous ammonia barges.
16(Source: P.A. 97-434, eff. 1-1-12.)
17 Section 85. The Code of Criminal Procedure of 1963 is
18amended by changing Sections 102-7.1, 110-10, 112A-11.1,
19112A-11.2, and 112A-14 as follows:
20 (725 ILCS 5/102-7.1)
21 Sec. 102-7.1. "Category A offense". "Category A offense"
22means a Class 1 felony, Class 2 felony, Class X felony, first
23degree murder, a violation of Section 11-204 of the Illinois
24Vehicle Code, a second or subsequent violation of Section

SB1948- 192 -LRB102 15817 RLC 21185 b
111-501 of the Illinois Vehicle Code, a violation of subsection
2(d) of Section 11-501 of the Illinois Vehicle Code, a
3violation of Section 11-401 of the Illinois Vehicle Code if
4the accident results in injury and the person failed to report
5the accident within 30 minutes, a violation of Section 9-3,
69-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
711-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
812-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
924-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a
10second or subsequent violation of 12-3.2 or 12-3.4 of the
11Criminal Code of 2012, a violation of paragraph (5) or (6) of
12subsection (b) of Section 10-9 of the Criminal Code of 2012, a
13violation of subsection (b) or (c) or paragraph (1) or (2) of
14subsection (a) of Section 11-1.50 of the Criminal Code of
152012, a violation of Section 12-7 of the Criminal Code of 2012
16if the defendant inflicts bodily harm on the victim to obtain a
17confession, statement, or information, a violation of Section
1812-7.5 of the Criminal Code of 2012 if the action results in
19bodily harm, a violation of paragraph (3) of subsection (b) of
20Section 17-2 of the Criminal Code of 2012, a violation of
21subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
222012, a violation of paragraph (6) of subsection (a) of
23Section 24-1 of the Criminal Code of 2012, a first violation of
24Section 24-1.6 of the Criminal Code of 2012 by a person 18
25years of age or older where the factors listed in both items
26(A) and (C) or both items (A-5) and (C) of paragraph (3) of

SB1948- 193 -LRB102 15817 RLC 21185 b
1subsection (a) of Section 24-1.6 of the Criminal Code of 2012
2are present, a Class 3 felony violation of paragraph (1) of
3subsection (a) of Section 2 of the Firearm Owners
4Identification Card Act committed before the effective date of
5this amendatory Act of the 102nd General Assembly, or a
6violation of Section 10 of the Sex Offender Registration Act.
7(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
8 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
9 Sec. 110-10. Conditions of bail bond.
10 (a) If a person is released prior to conviction, either
11upon payment of bail security or on his or her own
12recognizance, the conditions of the bail bond shall be that he
13or she will:
14 (1) Appear to answer the charge in the court having
15 jurisdiction on a day certain and thereafter as ordered by
16 the court until discharged or final order of the court;
17 (2) Submit himself or herself to the orders and
18 process of the court;
19 (3) Not depart this State without leave of the court;
20 (4) Not violate any criminal statute of any
21 jurisdiction;
22 (5) At a time and place designated by the court,
23 surrender all firearms in his or her possession to a law
24 enforcement officer designated by the court to take
25 custody of and impound the firearms and physically

SB1948- 194 -LRB102 15817 RLC 21185 b
1 surrender his or her Firearm Owner's Identification Card
2 to the clerk of the circuit court when the offense the
3 person has been charged with is a forcible felony,
4 stalking, aggravated stalking, domestic battery, any
5 violation of the Illinois Controlled Substances Act, the
6 Methamphetamine Control and Community Protection Act, or
7 the Cannabis Control Act that is classified as a Class 2 or
8 greater felony, or any felony violation of Article 24 of
9 the Criminal Code of 1961 or the Criminal Code of 2012; the
10 court may, however, forgo the imposition of this condition
11 when the circumstances of the case clearly do not warrant
12 it or when its imposition would be impractical; if the
13 Firearm Owner's Identification Card is confiscated, the
14 clerk of the circuit court shall mail the confiscated card
15 to the Illinois State Police; all legally possessed
16 firearms shall be returned to the person upon the charges
17 being dismissed, or if the person is found not guilty,
18 unless the finding of not guilty is by reason of insanity;
19 and
20 (6) At a time and place designated by the court,
21 submit to a psychological evaluation when the person has
22 been charged with a violation of item (4) of subsection
23 (a) of Section 24-1 of the Criminal Code of 1961 or the
24 Criminal Code of 2012 and that violation occurred in a
25 school or in any conveyance owned, leased, or contracted
26 by a school to transport students to or from school or a

SB1948- 195 -LRB102 15817 RLC 21185 b
1 school-related activity, or on any public way within 1,000
2 feet of real property comprising any school.
3 Psychological evaluations ordered pursuant to this Section
4shall be completed promptly and made available to the State,
5the defendant, and the court. As a further condition of bail
6under these circumstances, the court shall order the defendant
7to refrain from entering upon the property of the school,
8including any conveyance owned, leased, or contracted by a
9school to transport students to or from school or a
10school-related activity, or on any public way within 1,000
11feet of real property comprising any school. Upon receipt of
12the psychological evaluation, either the State or the
13defendant may request a change in the conditions of bail,
14pursuant to Section 110-6 of this Code. The court may change
15the conditions of bail to include a requirement that the
16defendant follow the recommendations of the psychological
17evaluation, including undergoing psychiatric treatment. The
18conclusions of the psychological evaluation and any statements
19elicited from the defendant during its administration are not
20admissible as evidence of guilt during the course of any trial
21on the charged offense, unless the defendant places his or her
22mental competency in issue.
23 (b) The court may impose other conditions, such as the
24following, if the court finds that such conditions are
25reasonably necessary to assure the defendant's appearance in
26court, protect the public from the defendant, or prevent the

SB1948- 196 -LRB102 15817 RLC 21185 b
1defendant's unlawful interference with the orderly
2administration of justice:
3 (1) Report to or appear in person before such person
4 or agency as the court may direct;
5 (2) Refrain from possessing a firearm or other
6 dangerous weapon;
7 (3) Refrain from approaching or communicating with
8 particular persons or classes of persons;
9 (4) Refrain from going to certain described
10 geographical areas or premises;
11 (5) Refrain from engaging in certain activities or
12 indulging in intoxicating liquors or in certain drugs;
13 (6) Undergo treatment for drug addiction or
14 alcoholism;
15 (7) Undergo medical or psychiatric treatment;
16 (8) Work or pursue a course of study or vocational
17 training;
18 (9) Attend or reside in a facility designated by the
19 court;
20 (10) Support his or her dependents;
21 (11) If a minor resides with his or her parents or in a
22 foster home, attend school, attend a non-residential
23 program for youths, and contribute to his or her own
24 support at home or in a foster home;
25 (12) Observe any curfew ordered by the court;
26 (13) Remain in the custody of such designated person

SB1948- 197 -LRB102 15817 RLC 21185 b
1 or organization agreeing to supervise his release. Such
2 third party custodian shall be responsible for notifying
3 the court if the defendant fails to observe the conditions
4 of release which the custodian has agreed to monitor, and
5 shall be subject to contempt of court for failure so to
6 notify the court;
7 (14) Be placed under direct supervision of the
8 Pretrial Services Agency, Probation Department or Court
9 Services Department in a pretrial bond home supervision
10 capacity with or without the use of an approved electronic
11 monitoring device subject to Article 8A of Chapter V of
12 the Unified Code of Corrections;
13 (14.1) The court shall impose upon a defendant who is
14 charged with any alcohol, cannabis, methamphetamine, or
15 controlled substance violation and is placed under direct
16 supervision of the Pretrial Services Agency, Probation
17 Department or Court Services Department in a pretrial bond
18 home supervision capacity with the use of an approved
19 monitoring device, as a condition of such bail bond, a fee
20 that represents costs incidental to the electronic
21 monitoring for each day of such bail supervision ordered
22 by the court, unless after determining the inability of
23 the defendant to pay the fee, the court assesses a lesser
24 fee or no fee as the case may be. The fee shall be
25 collected by the clerk of the circuit court, except as
26 provided in an administrative order of the Chief Judge of

SB1948- 198 -LRB102 15817 RLC 21185 b
1 the circuit court. The clerk of the circuit court shall
2 pay all monies collected from this fee to the county
3 treasurer for deposit in the substance abuse services fund
4 under Section 5-1086.1 of the Counties Code, except as
5 provided in an administrative order of the Chief Judge of
6 the circuit court.
7 The Chief Judge of the circuit court of the county may
8 by administrative order establish a program for electronic
9 monitoring of offenders with regard to drug-related and
10 alcohol-related offenses, in which a vendor supplies and
11 monitors the operation of the electronic monitoring
12 device, and collects the fees on behalf of the county. The
13 program shall include provisions for indigent offenders
14 and the collection of unpaid fees. The program shall not
15 unduly burden the offender and shall be subject to review
16 by the Chief Judge.
17 The Chief Judge of the circuit court may suspend any
18 additional charges or fees for late payment, interest, or
19 damage to any device;
20 (14.2) The court shall impose upon all defendants,
21 including those defendants subject to paragraph (14.1)
22 above, placed under direct supervision of the Pretrial
23 Services Agency, Probation Department or Court Services
24 Department in a pretrial bond home supervision capacity
25 with the use of an approved monitoring device, as a
26 condition of such bail bond, a fee which shall represent

SB1948- 199 -LRB102 15817 RLC 21185 b
1 costs incidental to such electronic monitoring for each
2 day of such bail supervision ordered by the court, unless
3 after determining the inability of the defendant to pay
4 the fee, the court assesses a lesser fee or no fee as the
5 case may be. The fee shall be collected by the clerk of the
6 circuit court, except as provided in an administrative
7 order of the Chief Judge of the circuit court. The clerk of
8 the circuit court shall pay all monies collected from this
9 fee to the county treasurer who shall use the monies
10 collected to defray the costs of corrections. The county
11 treasurer shall deposit the fee collected in the county
12 working cash fund under Section 6-27001 or Section 6-29002
13 of the Counties Code, as the case may be, except as
14 provided in an administrative order of the Chief Judge of
15 the circuit court.
16 The Chief Judge of the circuit court of the county may
17 by administrative order establish a program for electronic
18 monitoring of offenders with regard to drug-related and
19 alcohol-related offenses, in which a vendor supplies and
20 monitors the operation of the electronic monitoring
21 device, and collects the fees on behalf of the county. The
22 program shall include provisions for indigent offenders
23 and the collection of unpaid fees. The program shall not
24 unduly burden the offender and shall be subject to review
25 by the Chief Judge.
26 The Chief Judge of the circuit court may suspend any

SB1948- 200 -LRB102 15817 RLC 21185 b
1 additional charges or fees for late payment, interest, or
2 damage to any device;
3 (14.3) The Chief Judge of the Judicial Circuit may
4 establish reasonable fees to be paid by a person receiving
5 pretrial services while under supervision of a pretrial
6 services agency, probation department, or court services
7 department. Reasonable fees may be charged for pretrial
8 services including, but not limited to, pretrial
9 supervision, diversion programs, electronic monitoring,
10 victim impact services, drug and alcohol testing, DNA
11 testing, GPS electronic monitoring, assessments and
12 evaluations related to domestic violence and other
13 victims, and victim mediation services. The person
14 receiving pretrial services may be ordered to pay all
15 costs incidental to pretrial services in accordance with
16 his or her ability to pay those costs;
17 (14.4) For persons charged with violating Section
18 11-501 of the Illinois Vehicle Code, refrain from
19 operating a motor vehicle not equipped with an ignition
20 interlock device, as defined in Section 1-129.1 of the
21 Illinois Vehicle Code, pursuant to the rules promulgated
22 by the Secretary of State for the installation of ignition
23 interlock devices. Under this condition the court may
24 allow a defendant who is not self-employed to operate a
25 vehicle owned by the defendant's employer that is not
26 equipped with an ignition interlock device in the course

SB1948- 201 -LRB102 15817 RLC 21185 b
1 and scope of the defendant's employment;
2 (15) Comply with the terms and conditions of an order
3 of protection issued by the court under the Illinois
4 Domestic Violence Act of 1986 or an order of protection
5 issued by the court of another state, tribe, or United
6 States territory;
7 (16) Under Section 110-6.5 comply with the conditions
8 of the drug testing program; and
9 (17) Such other reasonable conditions as the court may
10 impose.
11 (c) When a person is charged with an offense under Section
1211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1312-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
14Criminal Code of 2012, involving a victim who is a minor under
1518 years of age living in the same household with the defendant
16at the time of the offense, in granting bail or releasing the
17defendant on his own recognizance, the judge shall impose
18conditions to restrict the defendant's access to the victim
19which may include, but are not limited to conditions that he
20will:
21 1. Vacate the household.
22 2. Make payment of temporary support to his
23 dependents.
24 3. Refrain from contact or communication with the
25 child victim, except as ordered by the court.
26 (d) When a person is charged with a criminal offense and

SB1948- 202 -LRB102 15817 RLC 21185 b
1the victim is a family or household member as defined in
2Article 112A, conditions shall be imposed at the time of the
3defendant's release on bond that restrict the defendant's
4access to the victim. Unless provided otherwise by the court,
5the restrictions shall include requirements that the defendant
6do the following:
7 (1) refrain from contact or communication with the
8 victim for a minimum period of 72 hours following the
9 defendant's release; and
10 (2) refrain from entering or remaining at the victim's
11 residence for a minimum period of 72 hours following the
12 defendant's release.
13 (e) Local law enforcement agencies shall develop
14standardized bond forms for use in cases involving family or
15household members as defined in Article 112A, including
16specific conditions of bond as provided in subsection (d).
17Failure of any law enforcement department to develop or use
18those forms shall in no way limit the applicability and
19enforcement of subsections (d) and (f).
20 (f) If the defendant is admitted to bail after conviction
21the conditions of the bail bond shall be that he will, in
22addition to the conditions set forth in subsections (a) and
23(b) hereof:
24 (1) Duly prosecute his appeal;
25 (2) Appear at such time and place as the court may
26 direct;

SB1948- 203 -LRB102 15817 RLC 21185 b
1 (3) Not depart this State without leave of the court;
2 (4) Comply with such other reasonable conditions as
3 the court may impose; and
4 (5) If the judgment is affirmed or the cause reversed
5 and remanded for a new trial, forthwith surrender to the
6 officer from whose custody he was bailed.
7 (g) Upon a finding of guilty for any felony offense, the
8defendant shall physically surrender, at a time and place
9designated by the court, any and all firearms in his or her
10possession and his or her Firearm Owner's Identification Card
11as a condition of remaining on bond pending sentencing.
12 (h) In the event the defendant is unable to post bond, the
13court may impose a no contact provision with the victim or
14other interested party that shall be enforced while the
15defendant remains in custody.
16(Source: P.A. 101-138, eff. 1-1-20.)
17 (725 ILCS 5/112A-11.1)
18 Sec. 112A-11.1. Procedure for determining whether certain
19misdemeanor crimes are crimes of domestic violence for
20purposes of federal law.
21 (a) When a defendant has been charged with a violation of
22Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
23Criminal Code of 1961 or the Criminal Code of 2012, the State
24may, at arraignment or no later than 45 days after
25arraignment, for the purpose of notification to the Department

SB1948- 204 -LRB102 15817 RLC 21185 b
1of State Police Firearm Owner's Identification Card Office,
2serve on the defendant and file with the court a notice
3alleging that conviction of the offense would subject the
4defendant to the prohibitions of 18 U.S.C. 922(g)(9) because
5of the relationship between the defendant and the alleged
6victim and the nature of the alleged offense.
7 (b) The notice shall include the name of the person
8alleged to be the victim of the crime and shall specify the
9nature of the alleged relationship as set forth in 18 U.S.C.
10921(a)(33)(A)(ii). It shall also specify the element of the
11charged offense which requires the use or attempted use of
12physical force, or the threatened use of a deadly weapon, as
13set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
14notice that the defendant is entitled to a hearing on the
15allegation contained in the notice and that if the allegation
16is sustained, that determination and conviction shall be
17reported to the Department of State Police Firearm Owner's
18Identification Card Office.
19 (c) After having been notified as provided in subsection
20(b) of this Section, the defendant may stipulate or admit,
21orally on the record or in writing, that conviction of the
22offense would subject the defendant to the prohibitions of 18
23U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
24922(g)(9) shall be deemed established for purposes of Section
25112A-11.2. If the defendant denies the applicability of 18
26U.S.C. 922(g)(9) as alleged in the notice served by the State,

SB1948- 205 -LRB102 15817 RLC 21185 b
1or stands mute with respect to that allegation, then the State
2shall bear the burden to prove beyond a reasonable doubt that
3the offense is one to which the prohibitions of 18 U.S.C.
4922(g)(9) apply. The court may consider reliable hearsay
5evidence submitted by either party provided that it is
6relevant to the determination of the allegation. Facts
7previously proven at trial or elicited at the time of entry of
8a plea of guilty shall be deemed established beyond a
9reasonable doubt and shall not be relitigated. At the
10conclusion of the hearing, or upon a stipulation or admission,
11as applicable, the court shall make a specific written
12determination with respect to the allegation.
13(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
14 (725 ILCS 5/112A-11.2)
15 Sec. 112A-11.2. Notification to the Department of State
16Police Firearm Owner's Identification Card Office of
17determinations in certain misdemeanor cases. Upon judgment of
18conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
1912-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
20Code of 2012 when the defendant has been determined, under
21Section 112A-11.1, to be subject to the prohibitions of 18
22U.S.C. 922(g)(9), the circuit court clerk shall include
23notification and a copy of the written determination in a
24report of the conviction to the Department of State Police
25Firearm Owner's Identification Card Office to enable the

SB1948- 206 -LRB102 15817 RLC 21185 b
1office to report that determination to the Federal Bureau of
2Investigation and assist the Bureau in identifying persons
3prohibited from purchasing and possessing a firearm pursuant
4to the provisions of 18 U.S.C. 922.
5(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
6 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
7 Sec. 112A-14. Domestic violence order of protection;
8remedies.
9 (a) (Blank).
10 (b) The court may order any of the remedies listed in this
11subsection (b). The remedies listed in this subsection (b)
12shall be in addition to other civil or criminal remedies
13available to petitioner.
14 (1) Prohibition of abuse. Prohibit respondent's
15 harassment, interference with personal liberty,
16 intimidation of a dependent, physical abuse, or willful
17 deprivation, as defined in this Article, if such abuse has
18 occurred or otherwise appears likely to occur if not
19 prohibited.
20 (2) Grant of exclusive possession of residence.
21 Prohibit respondent from entering or remaining in any
22 residence, household, or premises of the petitioner,
23 including one owned or leased by respondent, if petitioner
24 has a right to occupancy thereof. The grant of exclusive
25 possession of the residence, household, or premises shall

SB1948- 207 -LRB102 15817 RLC 21185 b
1 not affect title to real property, nor shall the court be
2 limited by the standard set forth in subsection (c-2) of
3 Section 501 of the Illinois Marriage and Dissolution of
4 Marriage Act.
5 (A) Right to occupancy. A party has a right to
6 occupancy of a residence or household if it is solely
7 or jointly owned or leased by that party, that party's
8 spouse, a person with a legal duty to support that
9 party or a minor child in that party's care, or by any
10 person or entity other than the opposing party that
11 authorizes that party's occupancy (e.g., a domestic
12 violence shelter). Standards set forth in subparagraph
13 (B) shall not preclude equitable relief.
14 (B) Presumption of hardships. If petitioner and
15 respondent each has the right to occupancy of a
16 residence or household, the court shall balance (i)
17 the hardships to respondent and any minor child or
18 dependent adult in respondent's care resulting from
19 entry of this remedy with (ii) the hardships to
20 petitioner and any minor child or dependent adult in
21 petitioner's care resulting from continued exposure to
22 the risk of abuse (should petitioner remain at the
23 residence or household) or from loss of possession of
24 the residence or household (should petitioner leave to
25 avoid the risk of abuse). When determining the balance
26 of hardships, the court shall also take into account

SB1948- 208 -LRB102 15817 RLC 21185 b
1 the accessibility of the residence or household.
2 Hardships need not be balanced if respondent does not
3 have a right to occupancy.
4 The balance of hardships is presumed to favor
5 possession by petitioner unless the presumption is
6 rebutted by a preponderance of the evidence, showing
7 that the hardships to respondent substantially
8 outweigh the hardships to petitioner and any minor
9 child or dependent adult in petitioner's care. The
10 court, on the request of petitioner or on its own
11 motion, may order respondent to provide suitable,
12 accessible, alternate housing for petitioner instead
13 of excluding respondent from a mutual residence or
14 household.
15 (3) Stay away order and additional prohibitions. Order
16 respondent to stay away from petitioner or any other
17 person protected by the domestic violence order of
18 protection, or prohibit respondent from entering or
19 remaining present at petitioner's school, place of
20 employment, or other specified places at times when
21 petitioner is present, or both, if reasonable, given the
22 balance of hardships. Hardships need not be balanced for
23 the court to enter a stay away order or prohibit entry if
24 respondent has no right to enter the premises.
25 (A) If a domestic violence order of protection
26 grants petitioner exclusive possession of the

SB1948- 209 -LRB102 15817 RLC 21185 b
1 residence, prohibits respondent from entering the
2 residence, or orders respondent to stay away from
3 petitioner or other protected persons, then the court
4 may allow respondent access to the residence to remove
5 items of clothing and personal adornment used
6 exclusively by respondent, medications, and other
7 items as the court directs. The right to access shall
8 be exercised on only one occasion as the court directs
9 and in the presence of an agreed-upon adult third
10 party or law enforcement officer.
11 (B) When the petitioner and the respondent attend
12 the same public, private, or non-public elementary,
13 middle, or high school, the court when issuing a
14 domestic violence order of protection and providing
15 relief shall consider the severity of the act, any
16 continuing physical danger or emotional distress to
17 the petitioner, the educational rights guaranteed to
18 the petitioner and respondent under federal and State
19 law, the availability of a transfer of the respondent
20 to another school, a change of placement or a change of
21 program of the respondent, the expense, difficulty,
22 and educational disruption that would be caused by a
23 transfer of the respondent to another school, and any
24 other relevant facts of the case. The court may order
25 that the respondent not attend the public, private, or
26 non-public elementary, middle, or high school attended

SB1948- 210 -LRB102 15817 RLC 21185 b
1 by the petitioner, order that the respondent accept a
2 change of placement or change of program, as
3 determined by the school district or private or
4 non-public school, or place restrictions on the
5 respondent's movements within the school attended by
6 the petitioner. The respondent bears the burden of
7 proving by a preponderance of the evidence that a
8 transfer, change of placement, or change of program of
9 the respondent is not available. The respondent also
10 bears the burden of production with respect to the
11 expense, difficulty, and educational disruption that
12 would be caused by a transfer of the respondent to
13 another school. A transfer, change of placement, or
14 change of program is not unavailable to the respondent
15 solely on the ground that the respondent does not
16 agree with the school district's or private or
17 non-public school's transfer, change of placement, or
18 change of program or solely on the ground that the
19 respondent fails or refuses to consent or otherwise
20 does not take an action required to effectuate a
21 transfer, change of placement, or change of program.
22 When a court orders a respondent to stay away from the
23 public, private, or non-public school attended by the
24 petitioner and the respondent requests a transfer to
25 another attendance center within the respondent's
26 school district or private or non-public school, the

SB1948- 211 -LRB102 15817 RLC 21185 b
1 school district or private or non-public school shall
2 have sole discretion to determine the attendance
3 center to which the respondent is transferred. If the
4 court order results in a transfer of the minor
5 respondent to another attendance center, a change in
6 the respondent's placement, or a change of the
7 respondent's program, the parents, guardian, or legal
8 custodian of the respondent is responsible for
9 transportation and other costs associated with the
10 transfer or change.
11 (C) The court may order the parents, guardian, or
12 legal custodian of a minor respondent to take certain
13 actions or to refrain from taking certain actions to
14 ensure that the respondent complies with the order. If
15 the court orders a transfer of the respondent to
16 another school, the parents, guardian, or legal
17 custodian of the respondent is responsible for
18 transportation and other costs associated with the
19 change of school by the respondent.
20 (4) Counseling. Require or recommend the respondent to
21 undergo counseling for a specified duration with a social
22 worker, psychologist, clinical psychologist,
23 psychiatrist, family service agency, alcohol or substance
24 abuse program, mental health center guidance counselor,
25 agency providing services to elders, program designed for
26 domestic violence abusers, or any other guidance service

SB1948- 212 -LRB102 15817 RLC 21185 b
1 the court deems appropriate. The court may order the
2 respondent in any intimate partner relationship to report
3 to an Illinois Department of Human Services protocol
4 approved partner abuse intervention program for an
5 assessment and to follow all recommended treatment.
6 (5) Physical care and possession of the minor child.
7 In order to protect the minor child from abuse, neglect,
8 or unwarranted separation from the person who has been the
9 minor child's primary caretaker, or to otherwise protect
10 the well-being of the minor child, the court may do either
11 or both of the following: (i) grant petitioner physical
12 care or possession of the minor child, or both, or (ii)
13 order respondent to return a minor child to, or not remove
14 a minor child from, the physical care of a parent or person
15 in loco parentis.
16 If the respondent is charged with abuse (as defined in
17 Section 112A-3 of this Code) of a minor child, there shall
18 be a rebuttable presumption that awarding physical care to
19 respondent would not be in the minor child's best
20 interest.
21 (6) Temporary allocation of parental responsibilities
22 and significant decision-making responsibilities. Award
23 temporary significant decision-making responsibility to
24 petitioner in accordance with this Section, the Illinois
25 Marriage and Dissolution of Marriage Act, the Illinois
26 Parentage Act of 2015, and this State's Uniform

SB1948- 213 -LRB102 15817 RLC 21185 b
1 Child-Custody Jurisdiction and Enforcement Act.
2 If the respondent is charged with abuse (as defined in
3 Section 112A-3 of this Code) of a minor child, there shall
4 be a rebuttable presumption that awarding temporary
5 significant decision-making responsibility to respondent
6 would not be in the child's best interest.
7 (7) Parenting time. Determine the parenting time, if
8 any, of respondent in any case in which the court awards
9 physical care or temporary significant decision-making
10 responsibility of a minor child to petitioner. The court
11 shall restrict or deny respondent's parenting time with a
12 minor child if the court finds that respondent has done or
13 is likely to do any of the following:
14 (i) abuse or endanger the minor child during
15 parenting time;
16 (ii) use the parenting time as an opportunity to
17 abuse or harass petitioner or petitioner's family or
18 household members;
19 (iii) improperly conceal or detain the minor
20 child; or
21 (iv) otherwise act in a manner that is not in the
22 best interests of the minor child.
23 The court shall not be limited by the standards set
24 forth in Section 603.10 of the Illinois Marriage and
25 Dissolution of Marriage Act. If the court grants parenting
26 time, the order shall specify dates and times for the

SB1948- 214 -LRB102 15817 RLC 21185 b
1 parenting time to take place or other specific parameters
2 or conditions that are appropriate. No order for parenting
3 time shall refer merely to the term "reasonable parenting
4 time". Petitioner may deny respondent access to the minor
5 child if, when respondent arrives for parenting time,
6 respondent is under the influence of drugs or alcohol and
7 constitutes a threat to the safety and well-being of
8 petitioner or petitioner's minor children or is behaving
9 in a violent or abusive manner. If necessary to protect
10 any member of petitioner's family or household from future
11 abuse, respondent shall be prohibited from coming to
12 petitioner's residence to meet the minor child for
13 parenting time, and the petitioner and respondent shall
14 submit to the court their recommendations for reasonable
15 alternative arrangements for parenting time. A person may
16 be approved to supervise parenting time only after filing
17 an affidavit accepting that responsibility and
18 acknowledging accountability to the court.
19 (8) Removal or concealment of minor child. Prohibit
20 respondent from removing a minor child from the State or
21 concealing the child within the State.
22 (9) Order to appear. Order the respondent to appear in
23 court, alone or with a minor child, to prevent abuse,
24 neglect, removal or concealment of the child, to return
25 the child to the custody or care of the petitioner, or to
26 permit any court-ordered interview or examination of the

SB1948- 215 -LRB102 15817 RLC 21185 b
1 child or the respondent.
2 (10) Possession of personal property. Grant petitioner
3 exclusive possession of personal property and, if
4 respondent has possession or control, direct respondent to
5 promptly make it available to petitioner, if:
6 (i) petitioner, but not respondent, owns the
7 property; or
8 (ii) the petitioner and respondent own the
9 property jointly; sharing it would risk abuse of
10 petitioner by respondent or is impracticable; and the
11 balance of hardships favors temporary possession by
12 petitioner.
13 If petitioner's sole claim to ownership of the
14 property is that it is marital property, the court may
15 award petitioner temporary possession thereof under the
16 standards of subparagraph (ii) of this paragraph only if a
17 proper proceeding has been filed under the Illinois
18 Marriage and Dissolution of Marriage Act, as now or
19 hereafter amended.
20 No order under this provision shall affect title to
21 property.
22 (11) Protection of property. Forbid the respondent
23 from taking, transferring, encumbering, concealing,
24 damaging, or otherwise disposing of any real or personal
25 property, except as explicitly authorized by the court,
26 if:

SB1948- 216 -LRB102 15817 RLC 21185 b
1 (i) petitioner, but not respondent, owns the
2 property; or
3 (ii) the petitioner and respondent own the
4 property jointly, and the balance of hardships favors
5 granting this remedy.
6 If petitioner's sole claim to ownership of the
7 property is that it is marital property, the court may
8 grant petitioner relief under subparagraph (ii) of this
9 paragraph only if a proper proceeding has been filed under
10 the Illinois Marriage and Dissolution of Marriage Act, as
11 now or hereafter amended.
12 The court may further prohibit respondent from
13 improperly using the financial or other resources of an
14 aged member of the family or household for the profit or
15 advantage of respondent or of any other person.
16 (11.5) Protection of animals. Grant the petitioner the
17 exclusive care, custody, or control of any animal owned,
18 possessed, leased, kept, or held by either the petitioner
19 or the respondent or a minor child residing in the
20 residence or household of either the petitioner or the
21 respondent and order the respondent to stay away from the
22 animal and forbid the respondent from taking,
23 transferring, encumbering, concealing, harming, or
24 otherwise disposing of the animal.
25 (12) Order for payment of support. Order respondent to
26 pay temporary support for the petitioner or any child in

SB1948- 217 -LRB102 15817 RLC 21185 b
1 the petitioner's care or over whom the petitioner has been
2 allocated parental responsibility, when the respondent has
3 a legal obligation to support that person, in accordance
4 with the Illinois Marriage and Dissolution of Marriage
5 Act, which shall govern, among other matters, the amount
6 of support, payment through the clerk and withholding of
7 income to secure payment. An order for child support may
8 be granted to a petitioner with lawful physical care of a
9 child, or an order or agreement for physical care of a
10 child, prior to entry of an order allocating significant
11 decision-making responsibility. Such a support order shall
12 expire upon entry of a valid order allocating parental
13 responsibility differently and vacating petitioner's
14 significant decision-making responsibility unless
15 otherwise provided in the order.
16 (13) Order for payment of losses. Order respondent to
17 pay petitioner for losses suffered as a direct result of
18 the abuse. Such losses shall include, but not be limited
19 to, medical expenses, lost earnings or other support,
20 repair or replacement of property damaged or taken,
21 reasonable attorney's fees, court costs, and moving or
22 other travel expenses, including additional reasonable
23 expenses for temporary shelter and restaurant meals.
24 (i) Losses affecting family needs. If a party is
25 entitled to seek maintenance, child support, or
26 property distribution from the other party under the

SB1948- 218 -LRB102 15817 RLC 21185 b
1 Illinois Marriage and Dissolution of Marriage Act, as
2 now or hereafter amended, the court may order
3 respondent to reimburse petitioner's actual losses, to
4 the extent that such reimbursement would be
5 "appropriate temporary relief", as authorized by
6 subsection (a)(3) of Section 501 of that Act.
7 (ii) Recovery of expenses. In the case of an
8 improper concealment or removal of a minor child, the
9 court may order respondent to pay the reasonable
10 expenses incurred or to be incurred in the search for
11 and recovery of the minor child, including, but not
12 limited to, legal fees, court costs, private
13 investigator fees, and travel costs.
14 (14) Prohibition of entry. Prohibit the respondent
15 from entering or remaining in the residence or household
16 while the respondent is under the influence of alcohol or
17 drugs and constitutes a threat to the safety and
18 well-being of the petitioner or the petitioner's children.
19 (14.5) Prohibition of firearm possession.
20 (A) A person who is subject to an existing
21 domestic violence order of protection issued under
22 this Code may not lawfully possess firearms, stun
23 guns, or tasers weapons under Section 8.2 of the
24 Firearm Owners Identification Card Act.
25 (B) Any firearms in the possession of the
26 respondent, except as provided in subparagraph (C) of

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

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

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1 cost of the services, as certified by the shelter and
2 deemed reasonable by the court.
3 (17) Order for injunctive relief. Enter injunctive
4 relief necessary or appropriate to prevent further abuse
5 of a family or household member or to effectuate one of the
6 granted remedies, if supported by the balance of
7 hardships. If the harm to be prevented by the injunction
8 is abuse or any other harm that one of the remedies listed
9 in paragraphs (1) through (16) of this subsection is
10 designed to prevent, no further evidence is necessary to
11 establish that the harm is an irreparable injury.
12 (18) Telephone services.
13 (A) Unless a condition described in subparagraph
14 (B) of this paragraph exists, the court may, upon
15 request by the petitioner, order a wireless telephone
16 service provider to transfer to the petitioner the
17 right to continue to use a telephone number or numbers
18 indicated by the petitioner and the financial
19 responsibility associated with the number or numbers,
20 as set forth in subparagraph (C) of this paragraph. In
21 this paragraph (18), the term "wireless telephone
22 service provider" means a provider of commercial
23 mobile service as defined in 47 U.S.C. 332. The
24 petitioner may request the transfer of each telephone
25 number that the petitioner, or a minor child in his or
26 her custody, uses. The clerk of the court shall serve

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1 the order on the wireless telephone service provider's
2 agent for service of process provided to the Illinois
3 Commerce Commission. The order shall contain all of
4 the following:
5 (i) The name and billing telephone number of
6 the account holder including the name of the
7 wireless telephone service provider that serves
8 the account.
9 (ii) Each telephone number that will be
10 transferred.
11 (iii) A statement that the provider transfers
12 to the petitioner all financial responsibility for
13 and right to the use of any telephone number
14 transferred under this paragraph.
15 (B) A wireless telephone service provider shall
16 terminate the respondent's use of, and shall transfer
17 to the petitioner use of, the telephone number or
18 numbers indicated in subparagraph (A) of this
19 paragraph unless it notifies the petitioner, within 72
20 hours after it receives the order, that one of the
21 following applies:
22 (i) The account holder named in the order has
23 terminated the account.
24 (ii) A difference in network technology would
25 prevent or impair the functionality of a device on
26 a network if the transfer occurs.

SB1948- 223 -LRB102 15817 RLC 21185 b
1 (iii) The transfer would cause a geographic or
2 other limitation on network or service provision
3 to the petitioner.
4 (iv) Another technological or operational
5 issue would prevent or impair the use of the
6 telephone number if the transfer occurs.
7 (C) The petitioner assumes all financial
8 responsibility for and right to the use of any
9 telephone number transferred under this paragraph. In
10 this paragraph, "financial responsibility" includes
11 monthly service costs and costs associated with any
12 mobile device associated with the number.
13 (D) A wireless telephone service provider may
14 apply to the petitioner its routine and customary
15 requirements for establishing an account or
16 transferring a number, including requiring the
17 petitioner to provide proof of identification,
18 financial information, and customer preferences.
19 (E) Except for willful or wanton misconduct, a
20 wireless telephone service provider is immune from
21 civil liability for its actions taken in compliance
22 with a court order issued under this paragraph.
23 (F) All wireless service providers that provide
24 services to residential customers shall provide to the
25 Illinois Commerce Commission the name and address of
26 an agent for service of orders entered under this

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

SB1948- 225 -LRB102 15817 RLC 21185 b
1 or improperly separated from the child's primary
2 caretaker.
3 (2) In comparing relative hardships resulting to the
4 parties from loss of possession of the family home, the
5 court shall consider relevant factors, including, but not
6 limited to, the following:
7 (i) availability, accessibility, cost, safety,
8 adequacy, location, and other characteristics of
9 alternate housing for each party and any minor child
10 or dependent adult in the party's care;
11 (ii) the effect on the party's employment; and
12 (iii) the effect on the relationship of the party,
13 and any minor child or dependent adult in the party's
14 care, to family, school, church, and community.
15 (3) Subject to the exceptions set forth in paragraph
16 (4) of this subsection (c), the court shall make its
17 findings in an official record or in writing, and shall at
18 a minimum set forth the following:
19 (i) That the court has considered the applicable
20 relevant factors described in paragraphs (1) and (2)
21 of this subsection (c).
22 (ii) Whether the conduct or actions of respondent,
23 unless prohibited, will likely cause irreparable harm
24 or continued abuse.
25 (iii) Whether it is necessary to grant the
26 requested relief in order to protect petitioner or

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1 other alleged abused persons.
2 (4) (Blank).
3 (5) Never married parties. No rights or
4 responsibilities for a minor child born outside of
5 marriage attach to a putative father until a father and
6 child relationship has been established under the Illinois
7 Parentage Act of 1984, the Illinois Parentage Act of 2015,
8 the Illinois Public Aid Code, Section 12 of the Vital
9 Records Act, the Juvenile Court Act of 1987, the Probate
10 Act of 1975, the Uniform Interstate Family Support Act,
11 the Expedited Child Support Act of 1990, any judicial,
12 administrative, or other act of another state or
13 territory, any other statute of this State, or by any
14 foreign nation establishing the father and child
15 relationship, any other proceeding substantially in
16 conformity with the federal Personal Responsibility and
17 Work Opportunity Reconciliation Act of 1996, or when both
18 parties appeared in open court or at an administrative
19 hearing acknowledging under oath or admitting by
20 affirmation the existence of a father and child
21 relationship. Absent such an adjudication, no putative
22 father shall be granted temporary allocation of parental
23 responsibilities, including parenting time with the minor
24 child, or physical care and possession of the minor child,
25 nor shall an order of payment for support of the minor
26 child be entered.

SB1948- 227 -LRB102 15817 RLC 21185 b
1 (d) Balance of hardships; findings. If the court finds
2that the balance of hardships does not support the granting of
3a remedy governed by paragraph (2), (3), (10), (11), or (16) of
4subsection (b) of this Section, which may require such
5balancing, the court's findings shall so indicate and shall
6include a finding as to whether granting the remedy will
7result in hardship to respondent that would substantially
8outweigh the hardship to petitioner from denial of the remedy.
9The findings shall be an official record or in writing.
10 (e) Denial of remedies. Denial of any remedy shall not be
11based, in whole or in part, on evidence that:
12 (1) respondent has cause for any use of force, unless
13 that cause satisfies the standards for justifiable use of
14 force provided by Article 7 of the Criminal Code of 2012;
15 (2) respondent was voluntarily intoxicated;
16 (3) petitioner acted in self-defense or defense of
17 another, provided that, if petitioner utilized force, such
18 force was justifiable under Article 7 of the Criminal Code
19 of 2012;
20 (4) petitioner did not act in self-defense or defense
21 of another;
22 (5) petitioner left the residence or household to
23 avoid further abuse by respondent;
24 (6) petitioner did not leave the residence or
25 household to avoid further abuse by respondent; or
26 (7) conduct by any family or household member excused

SB1948- 228 -LRB102 15817 RLC 21185 b
1 the abuse by respondent, unless that same conduct would
2 have excused such abuse if the parties had not been family
3 or household members.
4(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18;
5100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff.
61-1-19; 101-81, eff. 7-12-19.)
7 Section 90. The Unified Code of Corrections is amended by
8changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as
9follows:
10 (730 ILCS 5/5-4.5-110)
11 (Section scheduled to be repealed on January 1, 2023)
12 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
13PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
14 (a) DEFINITIONS. For the purposes of this Section:
15 "Firearm" has the meaning ascribed to it in Section
16 2-7.5 of the Criminal Code of 2012 Section 1.1 of the
17 Firearm Owners Identification Card Act.
18 "Qualifying predicate offense" means the following
19 offenses under the Criminal Code of 2012:
20 (A) aggravated unlawful use of a weapon under
21 Section 24-1.6 or similar offense under the Criminal
22 Code of 1961, when the weapon is a firearm;
23 (B) unlawful use or possession of a weapon by a
24 felon under Section 24-1.1 or similar offense under

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

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1 (3), (4), or (5) of subsection (a) of Section 19-6 or
2 similar offense under the Criminal Code of 1961;
3 (M) aggravated discharge of a firearm under
4 Section 24-1.2 or similar offense under the Criminal
5 Code of 1961;
6 (N) aggravated discharge of a machine gun or a
7 firearm equipped with a device designed or used for
8 silencing the report of a firearm under Section
9 24-1.2-5 or similar offense under the Criminal Code of
10 1961;
11 (0) unlawful use of firearm projectiles under
12 Section 24-2.1 or similar offense under the Criminal
13 Code of 1961;
14 (P) manufacture, sale, or transfer of bullets or
15 shells represented to be armor piercing bullets,
16 dragon's breath shotgun shells, bolo shells, or
17 flechette shells under Section 24-2.2 or similar
18 offense under the Criminal Code of 1961;
19 (Q) unlawful sale or delivery of firearms under
20 Section 24-3 or similar offense under the Criminal
21 Code of 1961;
22 (R) unlawful discharge of firearm projectiles
23 under Section 24-3.2 or similar offense under the
24 Criminal Code of 1961;
25 (S) unlawful sale or delivery of firearms on
26 school premises of any school under Section 24-3.3 or

SB1948- 231 -LRB102 15817 RLC 21185 b
1 similar offense under the Criminal Code of 1961;
2 (T) unlawful purchase of a firearm under Section
3 24-3.5 or similar offense under the Criminal Code of
4 1961;
5 (U) use of a stolen firearm in the commission of an
6 offense under Section 24-3.7 or similar offense under
7 the Criminal Code of 1961;
8 (V) possession of a stolen firearm under Section
9 24-3.8 or similar offense under the Criminal Code of
10 1961;
11 (W) aggravated possession of a stolen firearm
12 under Section 24-3.9 or similar offense under the
13 Criminal Code of 1961;
14 (X) gunrunning under Section 24-3A or similar
15 offense under the Criminal Code of 1961;
16 (Y) defacing identification marks of firearms
17 under Section 24-5 or similar offense under the
18 Criminal Code of 1961; and
19 (Z) armed violence under Section 33A-2 or similar
20 offense under the Criminal Code of 1961.
21 (b) APPLICABILITY. For an offense committed on or after
22the effective date of this amendatory Act of the 100th General
23Assembly and before January 1, 2023, when a person is
24convicted of unlawful use or possession of a weapon by a felon,
25when the weapon is a firearm, or aggravated unlawful use of a
26weapon, when the weapon is a firearm, after being previously

SB1948- 232 -LRB102 15817 RLC 21185 b
1convicted of a qualifying predicate offense the person shall
2be subject to the sentencing guidelines under this Section.
3 (c) SENTENCING GUIDELINES.
4 (1) When a person is convicted of unlawful use or
5 possession of a weapon by a felon, when the weapon is a
6 firearm, and that person has been previously convicted of
7 a qualifying predicate offense, the person shall be
8 sentenced to a term of imprisonment within the sentencing
9 range of not less than 7 years and not more than 14 years,
10 unless the court finds that a departure from the
11 sentencing guidelines under this paragraph is warranted
12 under subsection (d) of this Section.
13 (2) When a person is convicted of aggravated unlawful
14 use of a weapon, when the weapon is a firearm, and that
15 person has been previously convicted of a qualifying
16 predicate offense, the person shall be sentenced to a term
17 of imprisonment within the sentencing range of not less
18 than 6 years and not more than 7 years, unless the court
19 finds that a departure from the sentencing guidelines
20 under this paragraph is warranted under subsection (d) of
21 this Section.
22 (3) The sentencing guidelines in paragraphs (1) and
23 (2) of this subsection (c) apply only to offenses
24 committed on and after the effective date of this
25 amendatory Act of the 100th General Assembly and before
26 January 1, 2023.
<

SB1948- 233 -LRB102 15817 RLC 21185 b
1 (d) DEPARTURE FROM SENTENCING GUIDELINES.
2 (1) At the sentencing hearing conducted under Section
3 5-4-1 of this Code, the court may depart from the
4 sentencing guidelines provided in subsection (c) of this
5 Section and impose a sentence otherwise authorized by law
6 for the offense if the court, after considering any factor
7 under paragraph (2) of this subsection (d) relevant to the
8