Bill Text: IL SB2136 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective January 1, 2024.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-10 - Referred to Assignments [SB2136 Detail]

Download: Illinois-2023-SB2136-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2136 Introduced 2/10/2023, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
See Index
Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective January 1, 2024.
LRB103 27172 RLC 53542 b
A BILL FOR
SB2136 LRB103 27172 RLC 53542 b
AN ACT concerning firearms.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational

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

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

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

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

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

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

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

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amendatory Act of the 103rd General Assembly.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other
information that will inform the public of the business being
conducted.
(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;

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101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.
8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is

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

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under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the

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Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).

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(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act before the
effective date of this amendatory Act of the 103rd General
Assembly or applied for or received a concealed carry
license under the Firearm Concealed Carry Act, unless
otherwise authorized by the Firearm Concealed Carry Act;
and databases under the Firearm Concealed Carry Act,
records of the Concealed Carry Licensing Review Board
under the Firearm Concealed Carry Act, and law enforcement
agency objections under the Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that were are exempted from disclosure
under Section 10 of the Firearm Owners Identification Card
Act before the effective date of this amendatory Act of
the 103rd General Assembly.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding

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

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

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

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under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2023.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Department of State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.

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(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
Section 5.5. The Illinois TRUST Act is amended by changing
Section 15 as follows:
(5 ILCS 805/15)
Sec. 15. Prohibition on enforcing federal civil
immigration laws.
(a) A law enforcement agency or law enforcement official
shall not detain or continue to detain any individual solely
on the basis of any immigration detainer or civil immigration
warrant or otherwise comply with an immigration detainer or
civil immigration warrant.
(b) A law enforcement agency or law enforcement official
shall not stop, arrest, search, detain, or continue to detain
a person solely based on an individual's citizenship or
immigration status.
(c) (Blank).

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(d) A law enforcement agency or law enforcement official
acting in good faith in compliance with this Section who
releases a person subject to an immigration detainer or civil
immigration warrant shall have immunity from any civil or
criminal liability that might otherwise occur as a result of
making the release, with the exception of willful or wanton
misconduct.
(e) A law enforcement agency or law enforcement official
may not inquire about or investigate the citizenship or
immigration status or place of birth of any individual in the
agency or official's custody or who has otherwise been stopped
or detained by the agency or official. Nothing in this
subsection shall be construed to limit the ability of a law
enforcement agency or law enforcement official, pursuant to
State or federal law, to notify a person in the law enforcement
agency's custody about that person's right to communicate with
consular officers from that person's country of nationality,
or facilitate such communication, in accordance with the
Vienna Convention on Consular Relations or other bilateral
agreements. Nothing in this subsection shall be construed to
limit the ability of a law enforcement agency or law
enforcement official to request evidence of citizenship or
immigration status pursuant to the Firearm Owners
Identification Card Act, the Firearm Concealed Carry Act,
Article 24 of the Criminal Code of 2012, or 18 United States
Code Sections 921 through 931.

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(f) Unless otherwise limited by federal law, a law
enforcement agency or law enforcement official may not deny
services, benefits, privileges, or opportunities to an
individual in custody or under probation status, including,
but not limited to, eligibility for or placement in a lower
custody classification, educational, rehabilitative, or
diversionary programs, on the basis of the individual's
citizenship or immigration status, the issuance of an
immigration detainer or civil immigration warrant against the
individual, or the individual being in immigration removal
proceedings.
(g)(1) No law enforcement agency, law enforcement
official, or any unit of State or local government may enter
into or renew any contract, intergovernmental service
agreement, or any other agreement to house or detain
individuals for federal civil immigration violations.
(2) Any law enforcement agency, law enforcement official,
or unit of State or local government with an existing
contract, intergovernmental agreement, or other agreement,
whether in whole or in part, that is utilized to house or
detain individuals for civil immigration violations shall
exercise the termination provision in the agreement as applied
to housing or detaining individuals for civil immigration
violations no later than January 1, 2022.
(h) Unless presented with a federal criminal warrant, or
otherwise required by federal law, a law enforcement agency or

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official may not:
(1) participate, support, or assist in any capacity
with an immigration agent's enforcement operations,
including any collateral assistance such as coordinating
an arrest in a courthouse or other public facility,
providing use of any equipment, transporting any
individuals, or establishing a security or traffic
perimeter surrounding such operations, or any other
on-site support;
(2) give any immigration agent access, including by
telephone, to any individual who is in that agency's
custody;
(3) transfer any person into an immigration agent's
custody;
(4) permit immigration agents use of agency facilities
or equipment, including any agency electronic databases
not available to the public, for investigative interviews
or other investigative or immigration enforcement purpose;
(5) enter into or maintain any agreement regarding
direct access to any electronic database or other
data-sharing platform maintained by any law enforcement
agency, or otherwise provide such direct access to the
U.S. Immigration and Customs Enforcement, United States
Customs and Border Protection or any other federal entity
enforcing civil immigration violations;
(6) provide information in response to any immigration

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agent's inquiry or request for information regarding any
individual in the agency's custody; or
(7) provide to any immigration agent information not
otherwise available to the public relating to an
individual's release or contact information, or otherwise
facilitate for an immigration agent to apprehend or
question an individual for immigration enforcement.
(i) Nothing in this Section shall preclude a law
enforcement official from otherwise executing that official's
duties in investigating violations of criminal law and
cooperating in such investigations with federal and other law
enforcement agencies (including criminal investigations
conducted by federal Homeland Security Investigations (HSI))
in order to ensure public safety.
(Source: P.A. 102-234, eff. 8-2-21; revised 9-14-22.)
Section 6. The Gun Trafficking Information Act is amended
by changing Section 10-5 as follows:
(5 ILCS 830/10-5)
Sec. 10-5. Gun trafficking information.
(a) The Illinois State Police shall use all reasonable
efforts in making publicly available, on a regular and ongoing
basis, key information related to firearms used in the
commission of crimes in this State, including, but not limited
to: reports on crimes committed with firearms, locations where

SB2136 - 24 - LRB103 27172 RLC 53542 b
the crimes occurred, the number of persons killed or injured
in the commission of the crimes, the state where the firearms
used originated, the Federal Firearms Licensee that sold the
firearm, the type of firearms used, annual statistical
information concerning Firearm Owner's Identification Card and
concealed carry license applications, revocations, and
compliance with Section 9.5 of the Firearm Owners
Identification Card Act, firearm restraining order
dispositions, and firearm dealer license certification
inspections. The Illinois State Police shall make the
information available on its website, which may be presented
in a dashboard format, in addition to electronically filing a
report with the Governor and the General Assembly. The report
to the General Assembly shall be filed with the Clerk of the
House of Representatives and the Secretary of the Senate in
electronic form only, in the manner that the Clerk and the
Secretary shall direct.
(b) (Blank). The Illinois State Police shall study, on a
regular and ongoing basis, and compile reports on the number
of Firearm Owner's Identification Card checks to determine
firearms trafficking or straw purchase patterns. The Illinois
State Police shall, to the extent not inconsistent with law,
share such reports and underlying data with academic centers,
foundations, and law enforcement agencies studying firearms
trafficking, provided that personally identifying information
is protected. For purposes of this subsection (b), a Firearm

SB2136 - 25 - LRB103 27172 RLC 53542 b
Owner's Identification Card number is not personally
identifying information, provided that no other personal
information of the card holder is attached to the record. The
Illinois State Police may create and attach an alternate
unique identifying number to each Firearm Owner's
Identification Card number, instead of releasing the Firearm
Owner's Identification Card number itself.
(c) Each department, office, division, and agency of this
State shall, to the extent not inconsistent with law,
cooperate fully with the Illinois State Police and furnish the
Illinois State Police with all relevant information and
assistance on a timely basis as is necessary to accomplish the
purpose of this Act. The Illinois Criminal Justice Information
Authority shall submit the information required in subsection
(a) of this Section to the Illinois State Police, and any other
information as the Illinois State Police may request, to
assist the Illinois State Police in carrying out its duties
under this Act.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
Section 7. The First Responders Suicide Prevention Act is
amended by changing Section 40 as follows:
(5 ILCS 840/40)
Sec. 40. Task Force recommendations.

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(a) Task Force members shall recommend that agencies and
organizations guarantee access to mental health and wellness
services, including, but not limited to, peer support programs
and providing ongoing education related to the ever-evolving
concept of mental health wellness. These recommendations could
be accomplished by:
(1) Revising agencies' and organizations' employee
assistance programs (EAPs).
(2) Urging health care providers to replace outdated
healthcare plans and include more progressive options
catering to the needs and disproportionate risks
shouldered by our first responders.
(3) Allocating funding or resources for public service
announcements (PSA) and messaging campaigns aimed at
raising awareness of available assistance options.
(4) Encouraging agencies and organizations to attach
lists of all available resources to training manuals and
continuing education requirements.
(b) Task Force members shall recommend agencies and
organizations sponsor or facilitate first responders with
specialized training in the areas of psychological fitness,
depressive disorders, early detection, and mitigation best
practices. Such trainings could be accomplished by:
(1) Assigning, appointing, or designating one member
of an agency or organization to attend specialized
training(s) sponsored by an accredited agency,

SB2136 - 27 - LRB103 27172 RLC 53542 b
association, or organization recognized in their fields of
study.
(2) Seeking sponsorships or conducting fund-raisers,
to host annual or semiannual on-site visits from qualified
clinicians or physicians to provide early detection
training techniques, or to provide regular access to
mental health professionals.
(3) Requiring a minimum number of hours of disorders
and wellness training be incorporated into reoccurring,
annual or biannual training standards, examinations, and
curriculums, taking into close consideration respective
agency or organization size, frequency, and number of all
current federal and state mandatory examinations and
trainings expected respectively.
(4) Not underestimating the crucial importance of a
balanced diet, sleep, mindfulness-based stress reduction
techniques, moderate and vigorous intensity activities,
and recreational hobbies, which have been scientifically
proven to play a major role in brain health and mental
wellness.
(c) Task Force members shall recommend that administrators
and leadership personnel solicit training services from
evidence-based, data driven organizations. Organizations with
personnel trained on the analytical review and interpretation
of specific fields related to the nature of first responders'
exploits, such as PTSD, substance abuse, chronic state of

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duress. Task Force members shall further recommend funding for
expansion and messaging campaigns of preliminary
self-diagnosing technologies like the one described above.
These objectives could be met by:
(1) Contacting an accredited agency, association, or
organization recognized in the field or fields of specific
study. Unbeknownst to the majority, many of the agencies
and organizations listed above receive grants and
allocations to assist communities with the very issues
being discussed in this Section.
(2) Normalizing help-seeking behaviors for both first
responders and their families through regular messaging
and peer support outreach, beginning with academy
curricula and continuing education throughout individuals'
careers.
(3) Funding and implementing PSA campaigns that
provide clear and concise calls to action about mental
health and wellness, resiliency, help-seeking, treatment,
and recovery.
(4) Promoting and raising awareness of not-for-profit
non-for-profit organizations currently available to assist
individuals in search of care and treatment. Organizations
have intuitive user-friendly sites, most of which have
mobile applications, so first responders can access at a
moment's notice. However, because of limited funds, these
organizations have a challenging time of getting the word

SB2136 - 29 - LRB103 27172 RLC 53542 b
out there about their existence.
(5) Expanding Family and Medical Leave Act protections
for individuals voluntarily seeking preventative
treatment.
(6) Promoting and ensuring complete patient
confidentiality protections.
(d) Task Force members shall recommend that agencies and
organizations incorporate the following training components
into already existing modules and educational curriculums.
Doing so could be done by:
(1) Bolstering academy and school curricula by
requiring depressive disorder training catered to PTSD,
substance abuse, and early detection techniques training,
taking into close consideration respective agency or
organization size, and the frequency and number of all
current federal and state mandatory examinations and
trainings expected respectively.
(2) Continuing to allocate or match federal and state
funds to maintain Mobile Mobil Training Units (MTUs).
(3) Incorporating a state certificate for peer support
training into already exiting statewide curriculums and
mandatory examinations, annual State Fire Marshal
examinations, and physical fitness examinations. The
subject matter of the certificate should have an emphasis
on mental health and wellness, as well as familiarization
with topics ranging from clinical social work, clinical

SB2136 - 30 - LRB103 27172 RLC 53542 b
psychology, clinical behaviorist, and clinical psychiatry.
(4) Incorporating and performing statewide mental
health check-ins during the same times as already mandated
trainings. These checks are not to be compared or used as
measures of fitness for duty evaluations or structured
psychological examinations.
(5) Recommending comprehensive and evidence-based
training on the importance of preventative measures on the
topics of sleep, nutrition, mindfulness, and physical
movement.
(6) (Blank). Law enforcement agencies should provide
training on the Firearm Owner's Identification Card Act,
including seeking relief from the Illinois State Police
under Section 10 of the Firearm Owners Identification Card
Act and a FOID card being a continued condition of
employment under Section 7.2 of the Uniform Peace
Officers' Disciplinary Act.
(Source: P.A. 102-352, eff. 6-1-22; revised 8-8-22.)
Section 10. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by changing
Sections 2605-10, 2605-45, 2605-200, and 2605-595 as follows:
(20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
Sec. 2605-10. Powers and duties, generally.
(a) The Illinois State Police shall exercise the rights,

SB2136 - 31 - LRB103 27172 RLC 53542 b
powers, and duties that have been vested in the Illinois State
Police by the following:
The Illinois State Police Act.
The Illinois State Police Radio Act.
The Criminal Identification Act.
The Illinois Vehicle Code.
The Firearm Owners Identification Card Act.
The Firearm Concealed Carry Act.
The Gun Dealer Licensing Act.
The Intergovernmental Missing Child Recovery Act of 1984.
The Intergovernmental Drug Laws Enforcement Act.
The Narcotic Control Division Abolition Act.
(b) The Illinois State Police shall have the powers and
duties set forth in the following Sections.
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
Sec. 2605-45. Division of Justice Services. The Division
of Justice Services shall exercise the following functions:
(1) Operate and maintain the Law Enforcement Agencies
Data System (LEADS), a statewide, computerized
telecommunications system designed to provide services,
information, and capabilities to the law enforcement and
criminal justice community in the State of Illinois. The
Director is responsible for establishing policy,
procedures, and regulations consistent with State and

SB2136 - 32 - LRB103 27172 RLC 53542 b
federal rules, policies, and law by which LEADS operates.
The Director shall designate a statewide LEADS
Administrator for management of the system. The Director
may appoint a LEADS Advisory Policy Board to reflect the
needs and desires of the law enforcement and criminal
justice community and to make recommendations concerning
policies and procedures.
(2) Pursue research and the publication of studies
pertaining to local law enforcement activities.
(3) Serve as the State's point of contact for the
Federal Bureau of Investigation's Uniform Crime Reporting
Program and National Incident-Based Reporting System.
(4) Operate an electronic data processing and computer
center for the storage and retrieval of data pertaining to
criminal activity.
(5) Exercise the rights, powers, and duties vested in
the Illinois State Police by the Cannabis Regulation and
Tax Act and the Compassionate Use of Medical Cannabis
Program Act.
(6) (Blank).
(6.5) (Blank). Exercise the rights, powers, and duties
vested in the Illinois State Police by the Firearm Owners
Identification Card Act, the Firearm Concealed Carry Act,
and the Firearm Dealer License Certification Act.
(7) Exercise other duties that may be assigned by the
Director to fulfill the responsibilities and achieve the

SB2136 - 33 - LRB103 27172 RLC 53542 b
purposes of the Illinois State Police.
(8) Exercise the rights, powers, and duties vested by
law in the Illinois State Police by the Criminal
Identification Act.
(9) Exercise the powers and perform the duties that
have been vested in the Illinois State Police by the Sex
Offender Registration Act and the Sex Offender Community
Notification Law and adopt reasonable rules necessitated
thereby.
(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
(20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
Sec. 2605-200. Investigations of crime; enforcement of
laws; records; crime laboratories; personnel.
(a) To do the following:
(1) Investigate the origins, activities, personnel,
and incidents of crime and the ways and means to redress
the victims of crimes; study the impact, if any, of
legislation relative to the effusion of crime and growing
crime rates; and enforce the criminal laws of this State
related thereto.
(2) Enforce all laws regulating the production, sale,
prescribing, manufacturing, administering, transporting,
having in possession, dispensing, delivering,
distributing, or use of controlled substances and
cannabis.

SB2136 - 34 - LRB103 27172 RLC 53542 b
(3) Employ skilled experts, scientists, technicians,
investigators, or otherwise specially qualified persons to
aid in preventing or detecting crime, apprehending
criminals, or preparing and presenting evidence of
violations of the criminal laws of the State.
(4) Cooperate with the police of cities, villages, and
incorporated towns and with the police officers of any
county in enforcing the laws of the State and in making
arrests and recovering property.
(5) Apprehend and deliver up any person charged in
this State or any other state of the United States with
treason or a felony or other crime who has fled from
justice and is found in this State.
(6) Conduct other investigations as provided by law.
(7) Be a central repository and custodian of criminal
statistics for the State.
(8) Be a central repository for criminal history
record information.
(9) Procure and file for record information that is
necessary and helpful to plan programs of crime
prevention, law enforcement, and criminal justice.
(10) Procure and file for record copies of
fingerprints that may be required by law.
(11) Establish general and field crime laboratories.
(12) (Blank). Register and file for record information
that may be required by law for the issuance of firearm

SB2136 - 35 - LRB103 27172 RLC 53542 b
owner's identification cards under the Firearm Owners
Identification Card Act and concealed carry licenses under
the Firearm Concealed Carry Act.
(13) Employ laboratory technicians and other specially
qualified persons to aid in the identification of criminal
activity and the identification, collection, and recovery
of cyber forensics, including but not limited to digital
evidence, and may employ polygraph operators.
(14) Undertake other identification, information,
laboratory, statistical, or registration activities that
may be required by law.
(b) Persons exercising the powers set forth in subsection
(a) within the Illinois State Police are conservators of the
peace and as such have all the powers possessed by policemen in
cities and sheriffs, except that they may exercise those
powers anywhere in the State in cooperation with and after
contact with the local law enforcement officials. Those
persons may use false or fictitious names in the performance
of their duties under this Section, upon approval of the
Director, and shall not be subject to prosecution under the
criminal laws for that use.
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 2605/2605-595)
Sec. 2605-595. State Police Firearm Services Fund.
(a) There is created in the State treasury a special fund

SB2136 - 36 - LRB103 27172 RLC 53542 b
known as the State Police Firearm Services Fund. The Fund
shall receive revenue under the Firearm Concealed Carry Act
and , the Firearm Dealer License Certification Act, and
Section 5 of the Firearm Owners Identification Card Act. The
Fund may also receive revenue from grants, pass-through
grants, donations, appropriations, and any other legal source.
(a-5) Notwithstanding any other provision of law to the
contrary, and in addition to any other transfers that may be
provided by law, on the effective date of this amendatory Act
of the 102nd General Assembly, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the remaining balance from the
Firearm Dealer License Certification Fund into the State
Police Firearm Services Fund. Upon completion of the transfer,
the Firearm Dealer License Certification Fund is dissolved,
and any future deposits due to that Fund and any outstanding
obligations or liabilities of that Fund shall pass to the
State Police Firearm Services Fund.
(b) The Illinois State Police may use moneys in the Fund to
finance any of its lawful purposes, mandates, functions, and
duties under the Firearm Owners Identification Card Act, the
Firearm Dealer License Certification Act, and the Firearm
Concealed Carry Act, including the cost of sending notices of
expiration of Firearm Owner's Identification Cards, concealed
carry licenses, the prompt and efficient processing of
applications under the Firearm Owners Identification Card Act

SB2136 - 37 - LRB103 27172 RLC 53542 b
and the Firearm Concealed Carry Act, the improved efficiency
and reporting of the LEADS and federal NICS law enforcement
data systems, and support for investigations required under
these Acts and law. Any surplus funds beyond what is needed to
comply with the aforementioned purposes shall be used by the
Illinois State Police to improve the Law Enforcement Agencies
Data System (LEADS) and criminal history background check
system.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
(20 ILCS 2605/2605-120 rep.)
(20 ILCS 2605/2605-304 rep.)
Section 15. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by repealing
Sections 2605-120 and 2605-304.
Section 20. The Criminal Identification Act is amended by
changing Section 2.2 as follows:
(20 ILCS 2630/2.2)
Sec. 2.2. Notification to the Illinois State Police. Upon
judgment of conviction of a violation of Section 12-1, 12-2,
12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or

SB2136 - 38 - LRB103 27172 RLC 53542 b
the Criminal Code of 2012 when the defendant has been
determined, pursuant to Section 112A-11.1 of the Code of
Criminal Procedure of 1963, to be subject to the prohibitions
of 18 U.S.C. 922(g)(9), the circuit court clerk shall include
notification and a copy of the written determination in a
report of the conviction to the Illinois State Police Firearm
Owner's Identification Card Office to enable the Illinois
State Police office to perform its duties under the Firearm
Concealed Carry Act and Sections 4 and 8 of the Firearm Owners
Identification Card Act and to report that determination to
the Federal Bureau of Investigation to assist the Federal
Bureau of Investigation in identifying persons prohibited from
purchasing and possessing a firearm pursuant to the provisions
of 18 U.S.C. 922. The written determination described in this
Section shall be included in the defendant's record of arrest
and conviction in the manner and form prescribed by the
Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 21. The Illinois Criminal Justice Information Act
is amended by changing Section 7.9 as follows:
(20 ILCS 3930/7.9)
(Section scheduled to be repealed on July 1, 2027)
Sec. 7.9. Firearm Prohibitors and Records Improvement Task
Force.

SB2136 - 39 - LRB103 27172 RLC 53542 b
(a) As used in this Section, "firearms prohibitor" means
any factor listed in Section 4 of the Firearm Owners
Identification Card Act or Section 24-3 or 24-3.1 of the
Criminal Code of 2012 that prohibits a person from
transferring or possessing a firearm, firearm ammunition,
Firearm Owner's Identification Card, or concealed carry
license.
(b) The Firearm Prohibitors and Records Improvement Task
Force is created to identify and research all available
grants, resources, and revenue that may be applied for and
used by all entities responsible for reporting federal and
State firearm prohibitors to the Illinois State Police and the
National Instant Criminal Background Check System. These Under
the Firearm Owners Identification Card Act, these reporting
entities include, but are not limited to, hospitals, courts,
law enforcement and corrections. The Task Force shall identify
weaknesses in reporting and recommend a strategy to direct
resources and revenue to ensuring reporting is reliable,
accurate, and timely. The Task Force shall inventory all
statutorily mandated firearm and gun violence related data
collection and reporting requirements, along with the agency
responsible for collecting that data, and identify gaps in
those requirements. The Task Force shall submit a coordinated
application with and through the Illinois Criminal Justice
Information Authority for federal funds from the National
Criminal History Improvement Program and the NICS Acts Record

SB2136 - 40 - LRB103 27172 RLC 53542 b
Improvement Program. The Firearm Prohibitors and Records
Improvement Task Force shall be comprised of the following
members, all of whom shall serve without compensation:
(1) the Executive Director of the Illinois Criminal
Justice Information Authority, who shall serve as Chair;
(2) the Director of the Illinois State Police, or his
or her designee;
(3) the Secretary of Human Services, or his or her
designee;
(4) the Director of Corrections, or his or her
designee;
(5) the Attorney General, or his or her designee;
(6) the Director of the Administrative Office of the
Illinois Courts, or his or her designee;
(7) a representative of an association representing
circuit clerks appointed by the President of the Senate;
(8) a representative of an association representing
sheriffs appointed by the House Minority Leader;
(9) a representative of an association representing
State's Attorneys appointed by the House Minority Leader;
(10) a representative of an association representing
chiefs of police appointed by the Senate Minority Leader;
(11) a representative of an association representing
hospitals appointed by the Speaker of the House of
Representatives;
(12) a representative of an association representing

SB2136 - 41 - LRB103 27172 RLC 53542 b
counties appointed by the President of the Senate; and
(13) a representative of an association representing
municipalities appointed by the Speaker of the House of
Representatives.
(c) The Illinois Criminal Justice Information Authority
shall provide administrative and other support to the Task
Force. The Illinois State Police Division of Justice Services
shall also provide support to the Illinois Criminal Justice
Information Authority and the Task Force.
(d) The Task Force may meet in person or virtually and
shall issue a written report of its findings and
recommendations to General Assembly on or before July 1, 2022.
The Task Force shall issue an annual report, which shall
include information on the state of FOID data, including a
review of previous activity by the Task Force to close
previously identified gaps; identifying known (or new) gaps; a
proposal of policy and practice recommendations to close those
gaps; and a preview of expected activities of the Task Force
for the coming year.
(e) Within 60 days of the effective date of this
amendatory Act of the 102nd General Assembly, the Chair shall
establish the Task Force.
(f) This Section is repealed on July 1, 2027.
(Source: P.A. 102-237, eff. 1-1-22.)
Section 25. The State Finance Act is amended by changing

SB2136 - 42 - LRB103 27172 RLC 53542 b
Sections 6z-99 and 6z-127 as follows:
(30 ILCS 105/6z-99)
Sec. 6z-99. The Mental Health Reporting Fund.
(a) There is created in the State treasury a special fund
known as the Mental Health Reporting Fund. The Fund shall
receive revenue under the Firearm Concealed Carry Act. The
Fund may also receive revenue from grants, pass-through
grants, donations, appropriations, and any other legal source.
(b) The Illinois State Police and Department of Human
Services shall coordinate to use moneys in the Fund to finance
their respective duties of collecting and reporting data on
mental health records and ensuring that mental health firearm
possession prohibitors are enforced as set forth under the
Firearm Concealed Carry Act and the Firearm Owners
Identification Card Act. Any surplus in the Fund beyond what
is necessary to ensure compliance with mental health reporting
under that Act these Acts shall be used by the Department of
Human Services for mental health treatment programs as
follows: (1) 50% shall be used to fund community-based mental
health programs aimed at reducing gun violence, community
integration and education, or mental health awareness and
prevention, including administrative costs; and (2) 50% shall
be used to award grants that use and promote the National
School Mental Health Curriculum model for school-based mental
health support, integration, and services.

SB2136 - 43 - LRB103 27172 RLC 53542 b
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(30 ILCS 105/6z-127)
Sec. 6z-127. State Police Revocation Enforcement Fund.
(a) The State Police Revocation Enforcement Fund is
established as a special fund in the State treasury. This Fund
is established to receive moneys from the Firearm Owners
Identification Card Act to enforce that Act, the Firearm
Concealed Carry Act, Article 24 of the Criminal Code of 2012,
and other firearm offenses. The Fund may also receive revenue
from grants, donations, appropriations, and any other legal
source.
(b) The Illinois State Police may use moneys from the Fund
to establish task forces and, if necessary, include other law
enforcement agencies, under intergovernmental contracts
written and executed in conformity with the Intergovernmental
Cooperation Act.
(c) The Illinois State Police may use moneys in the Fund to
hire and train State Police officers and for the prevention of
violent crime.
(d) The State Police Revocation Enforcement Fund is not
subject to administrative chargebacks.

SB2136 - 44 - LRB103 27172 RLC 53542 b
(e) (Blank). Law enforcement agencies that participate in
Firearm Owner's Identification Card revocation enforcement in
the Violent Crime Intelligence Task Force may apply for grants
from the Illinois State Police.
(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.)
Section 25.5. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation
prior to the implementation date of this Code as described in
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:

SB2136 - 45 - LRB103 27172 RLC 53542 b
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as an employee and not as
an independent contractor, whether pursuant to an
employment code or policy or by contract directly with
that individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of
this type of contract with a value of more than $25,000
must be published in the Procurement Bulletin within 10
calendar days after the deed is recorded in the county of
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor
shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the Governor,

SB2136 - 46 - LRB103 27172 RLC 53542 b
and provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or
her prior approval when the procuring entity is not one
subject to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) (A) Contracts for legal, financial, and other
professional and artistic services entered into by the
Illinois Finance Authority in which the State of Illinois
is not obligated. Such contracts shall be awarded through
a competitive process authorized by the members of the
Illinois Finance Authority and are subject to Sections
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
as well as the final approval by the members of the
Illinois Finance Authority of the terms of the contract.
(B) Contracts for legal and financial services entered
into by the Illinois Housing Development Authority in
connection with the issuance of bonds in which the State

SB2136 - 47 - LRB103 27172 RLC 53542 b
of Illinois is not obligated. Such contracts shall be
awarded through a competitive process authorized by the
members of the Illinois Housing Development Authority and
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
and 50-37 of this Code, as well as the final approval by
the members of the Illinois Housing Development Authority
of the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections
20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification
required under Article 50 of this Code. For any contracts
for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.

SB2136 - 48 - LRB103 27172 RLC 53542 b
(15) Contracts with a railroad or utility that
requires the State to reimburse the railroad or utilities
for the relocation of utilities for construction or other
public purpose. Contracts included within this paragraph
(15) shall include, but not be limited to, those
associated with: relocations, crossings, installations,
and maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural
water or waste water systems with 10,000 connections or
less, (6) a holder as defined in Section 21-201 of the
Public Utilities Act, and (7) municipalities owning or
operating utility systems consisting of public utilities
as that term is defined in Section 11-117-2 of the
Illinois Municipal Code.
(16) Procurement expenditures necessary for the
Department of Public Health to provide the delivery of
timely newborn screening services in accordance with the
Newborn Metabolic Screening Act.

SB2136 - 49 - LRB103 27172 RLC 53542 b
(17) Procurement expenditures necessary for the
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Program and Opioid
Alternative Pilot Program requirements and ensure access
to medical cannabis for patients with debilitating medical
conditions in accordance with the Compassionate Use of
Medical Cannabis Program Act.
(18) This Code does not apply to any procurements
necessary for the Department of Agriculture, the
Department of Financial and Professional Regulation, the
Department of Human Services, the Department of Commerce
and Economic Opportunity, and the Department of Public
Health to implement the Cannabis Regulation and Tax Act if
the applicable agency has made a good faith determination
that it is necessary and appropriate for the expenditure
to fall within this exemption and if the process is
conducted in a manner substantially in accordance with the
requirements of Sections 20-160, 25-60, 30-22, 50-5,
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
50-36, 50-37, 50-38, and 50-50 of this Code; however, for
Section 50-35, compliance applies only to contracts or
subcontracts over $100,000. Notice of each contract
entered into under this paragraph (18) that is related to
the procurement of goods and services identified in

SB2136 - 50 - LRB103 27172 RLC 53542 b
paragraph (1) through (9) of this subsection shall be
published in the Procurement Bulletin within 14 calendar
days after contract execution. The Chief Procurement
Officer shall prescribe the form and content of the
notice. Each agency shall provide the Chief Procurement
Officer, on a monthly basis, in the form and content
prescribed by the Chief Procurement Officer, a report of
contracts that are related to the procurement of goods and
services identified in this subsection. At a minimum, this
report shall include the name of the contractor, a
description of the supply or service provided, the total
amount of the contract, the term of the contract, and the
exception to this Code utilized. A copy of any or all of
these contracts shall be made available to the Chief
Procurement Officer immediately upon request. The Chief
Procurement Officer shall submit a report to the Governor
and General Assembly no later than November 1 of each year
that includes, at a minimum, an annual summary of the
monthly information reported to the Chief Procurement
Officer. This exemption becomes inoperative 5 years after
June 25, 2019 (the effective date of Public Act 101-27).
(19) Acquisition of modifications or adjustments,
limited to assistive technology devices and assistive
technology services, adaptive equipment, repairs, and
replacement parts to provide reasonable accommodations (i)
that enable a qualified applicant with a disability to

SB2136 - 51 - LRB103 27172 RLC 53542 b
complete the job application process and be considered for
the position such qualified applicant desires, (ii) that
modify or adjust the work environment to enable a
qualified current employee with a disability to perform
the essential functions of the position held by that
employee, (iii) to enable a qualified current employee
with a disability to enjoy equal benefits and privileges
of employment as are enjoyed by other similarly situated
employees without disabilities, and (iv) that allow a
customer, client, claimant, or member of the public
seeking State services full use and enjoyment of and
access to its programs, services, or benefits.
For purposes of this paragraph (19):
"Assistive technology devices" means any item, piece
of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized, that
is used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
"Assistive technology services" means any service that
directly assists an individual with a disability in
selection, acquisition, or use of an assistive technology
device.
"Qualified" has the same meaning and use as provided
under the federal Americans with Disabilities Act when
describing an individual with a disability.
(20) Procurement expenditures necessary for the

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Illinois Commerce Commission to hire third-party
facilitators pursuant to Sections 16-105.17 and 16-108.18
of the Public Utilities Act or an ombudsman pursuant to
Section 16-107.5 of the Public Utilities Act, a
facilitator pursuant to Section 16-105.17 of the Public
Utilities Act, or a grid auditor pursuant to Section
16-105.10 of the Public Utilities Act.
(21) Procurement expenditures for the purchase,
renewal, and expansion of software, software licenses, or
software maintenance agreements that support the efforts
of the Illinois State Police to enforce, regulate, and
administer the Firearm Owners Identification Card Act, the
Firearm Concealed Carry Act, the Firearms Restraining
Order Act, the Firearm Dealer License Certification Act,
the Law Enforcement Agencies Data System (LEADS), the
Uniform Crime Reporting Act, the Criminal Identification
Act, the Uniform Conviction Information Act, and the Gun
Trafficking Information Act, or establish or maintain
record management systems necessary to conduct human
trafficking investigations or gun trafficking or other
stolen firearm investigations. This paragraph (21) applies
to contracts entered into on or after the effective date
of this amendatory Act of the 102nd General Assembly and
the renewal of contracts that are in effect on the
effective date of this amendatory Act of the 102nd General
Assembly.

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Notwithstanding any other provision of law, for contracts
with an annual value of more than $100,000 entered into on or
after October 1, 2017 under an exemption provided in any
paragraph of this subsection (b), except paragraph (1), (2),
or (5), each State agency shall post to the appropriate
procurement bulletin the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. The chief procurement officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the
chief procurement officer.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield

SB2136 - 54 - LRB103 27172 RLC 53542 b
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the

SB2136 - 55 - LRB103 27172 RLC 53542 b
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(m) This Code shall apply regardless of the source of
funds with which contracts are paid, including federal
assistance moneys. Except as specifically provided in this
Code, this Code shall not apply to procurement expenditures
necessary for the Department of Public Health to conduct the
Healthy Illinois Survey in accordance with Section 2310-431 of
the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
102-1116, eff. 1-10-23.)
Section 26. The Intergovernmental Drug Laws Enforcement
Act is amended by changing Section 3 as follows:
(30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
Sec. 3. A Metropolitan Enforcement Group which meets the
minimum criteria established in this Section is eligible to
receive State grants to help defray the costs of operation. To

SB2136 - 56 - LRB103 27172 RLC 53542 b
be eligible a MEG must:
(1) Be established and operating pursuant to
intergovernmental contracts written and executed in
conformity with the Intergovernmental Cooperation Act, and
involve 2 or more units of local government.
(2) Establish a MEG Policy Board composed of an
elected official, or his designee, and the chief law
enforcement officer, or his designee, from each
participating unit of local government to oversee the
operations of the MEG and make such reports to the
Illinois State Police as the Illinois State Police may
require.
(3) Designate a single appropriate elected official of
a participating unit of local government to act as the
financial officer of the MEG for all participating units
of local government and to receive funds for the operation
of the MEG.
(4) Limit its operations to enforcement of drug laws;
enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,
24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,
24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code
of 2012; Sections 2, 3, 6.1, and 14 of the Firearm Owners
Identification Card Act; and the investigation of
streetgang related offenses.
(5) Cooperate with the Illinois State Police in order

SB2136 - 57 - LRB103 27172 RLC 53542 b
to assure compliance with this Act and to enable the
Illinois State Police to fulfill its duties under this
Act, and supply the Illinois State Police with all
information the Illinois State Police deems necessary
therefor.
(6) Receive funding of at least 50% of the total
operating budget of the MEG from the participating units
of local government.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
Section 30. The Peace Officer Firearm Training Act is
amended by changing Section 1 as follows:
(50 ILCS 710/1) (from Ch. 85, par. 515)
Sec. 1. Definitions. As used in this Act:
(a) "Peace officer" means (i) any person who by virtue of
his office or public employment is vested by law with a primary
duty to maintain public order or to make arrests for offenses,
whether that duty extends to all offenses or is limited to
specific offenses, and who is employed in such capacity by any
county or municipality or (ii) any retired law enforcement
officers qualified under federal law to carry a concealed
weapon.
(a-5) "Probation officer" means a county probation officer
authorized by the Chief Judge of the Circuit Court to carry a

SB2136 - 58 - LRB103 27172 RLC 53542 b
firearm as part of his or her duties under Section 12 of the
Probation and Probation Officers Act and Section 24-2 of the
Criminal Code of 2012.
(b) "Firearms" means any weapon or device defined as a
firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
"An Act relating to the acquisition, possession and transfer
of firearms and firearm ammunition, to provide a penalty for
the violation thereof and to make an appropriation in
connection therewith", approved August 3, 1967, as amended.
(Source: P.A. 98-725, eff. 1-1-15.)
Section 35. The School Code is amended by changing
Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
(Text of Section before amendment by P.A. 102-466)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, pursuant to subsection (b-20)
of this Section, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
have been requested to appear at a meeting of the board, or
with a hearing officer appointed by it, to discuss their
child's behavior. Such request shall be made by registered or

SB2136 - 59 - LRB103 27172 RLC 53542 b
certified mail and shall state the time, place and purpose of
the meeting. The board, or a hearing officer appointed by it,
at such meeting shall state the reasons for dismissal and the
date on which the expulsion is to become effective. If a
hearing officer is appointed by the board, he shall report to
the board a written summary of the evidence heard at the
meeting and the board may take such action thereon as it finds
appropriate. If the board acts to expel a pupil, the written
expulsion decision shall detail the specific reasons why
removing the pupil from the learning environment is in the
best interest of the school. The expulsion decision shall also
include a rationale as to the specific duration of the
expulsion. An expelled pupil may be immediately transferred to
an alternative program in the manner provided in Article 13A
or 13B of this Code. A pupil must not be denied transfer
because of the expulsion, except in cases in which such
transfer is deemed to cause a threat to the safety of students
or staff in the alternative program.
(b) To suspend or by policy to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of gross disobedience or misconduct, or to suspend
pupils guilty of gross disobedience or misconduct on the
school bus from riding the school bus, pursuant to subsections
(b-15) and (b-20) of this Section, and no action shall lie
against them for such suspension. The board may by policy

SB2136 - 60 - LRB103 27172 RLC 53542 b
authorize the superintendent of the district or the principal,
assistant principal, or dean of students of any school to
suspend pupils guilty of such acts for a period not to exceed
10 school days. If a pupil is suspended due to gross
disobedience or misconduct on a school bus, the board may
suspend the pupil in excess of 10 school days for safety
reasons.
Any suspension shall be reported immediately to the
parents or guardian of a pupil along with a full statement of
the reasons for such suspension and a notice of their right to
a review. The school board must be given a summary of the
notice, including the reason for the suspension and the
suspension length. Upon request of the parents or guardian,
the school board or a hearing officer appointed by it shall
review such action of the superintendent or principal,
assistant principal, or dean of students. At such review, the
parents or guardian of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a hearing
officer is appointed by the board, he shall report to the board
a written summary of the evidence heard at the meeting. After
its hearing or upon receipt of the written report of its
hearing officer, the board may take such action as it finds
appropriate. If a student is suspended pursuant to this
subsection (b), the board shall, in the written suspension
decision, detail the specific act of gross disobedience or
misconduct resulting in the decision to suspend. The

SB2136 - 61 - LRB103 27172 RLC 53542 b
suspension decision shall also include a rationale as to the
specific duration of the suspension. A pupil who is suspended
in excess of 20 school days may be immediately transferred to
an alternative program in the manner provided in Article 13A
or 13B of this Code. A pupil must not be denied transfer
because of the suspension, except in cases in which such
transfer is deemed to cause a threat to the safety of students
or staff in the alternative program.
(b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school
exclusions, such as out-of-school suspensions and expulsions,
are the most serious. School officials shall limit the number
and duration of expulsions and suspensions to the greatest
extent practicable, and it is recommended that they use them
only for legitimate educational purposes. To ensure that
students are not excluded from school unnecessarily, it is
recommended that school officials consider forms of
non-exclusionary discipline prior to using out-of-school
suspensions or expulsions.
(b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies
by which school administrators are required to suspend or
expel students for particular behaviors.
(b-15) Out-of-school suspensions of 3 days or less may be
used only if the student's continuing presence in school would
pose a threat to school safety or a disruption to other

SB2136 - 62 - LRB103 27172 RLC 53542 b
students' learning opportunities. For purposes of this
subsection (b-15), "threat to school safety or a disruption to
other students' learning opportunities" shall be determined on
a case-by-case basis by the school board or its designee.
School officials shall make all reasonable efforts to resolve
such threats, address such disruptions, and minimize the
length of suspensions to the greatest extent practicable.
(b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days, expulsions,
and disciplinary removals to alternative schools may be used
only if other appropriate and available behavioral and
disciplinary interventions have been exhausted and the
student's continuing presence in school would either (i) pose
a threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of
this subsection (b-20), "threat to the safety of other
students, staff, or members of the school community" and
"substantially disrupt, impede, or interfere with the
operation of the school" shall be determined on a case-by-case
basis by school officials. For purposes of this subsection
(b-20), the determination of whether "appropriate and
available behavioral and disciplinary interventions have been
exhausted" shall be made by school officials. School officials
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of student

SB2136 - 63 - LRB103 27172 RLC 53542 b
exclusions to the greatest extent practicable. Within the
suspension decision described in subsection (b) of this
Section or the expulsion decision described in subsection (a)
of this Section, it shall be documented whether other
interventions were attempted or whether it was determined that
there were no other appropriate and available interventions.
(b-25) Students who are suspended out-of-school for longer
than 4 school days shall be provided appropriate and available
support services during the period of their suspension. For
purposes of this subsection (b-25), "appropriate and available
support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
this Section, it shall be documented whether such services are
to be provided or whether it was determined that there are no
such appropriate and available services.
A school district may refer students who are expelled to
appropriate and available support services.
A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
(b-30) A school district shall create a policy by which
suspended pupils, including those pupils suspended from the
school bus who do not have alternate transportation to school,
shall have the opportunity to make up work for equivalent
academic credit. It shall be the responsibility of a pupil's
parent or guardian to notify school officials that a pupil

SB2136 - 64 - LRB103 27172 RLC 53542 b
suspended from the school bus does not have alternate
transportation to school.
(c) A school board must invite a representative from a
local mental health agency to consult with the board at the
meeting whenever there is evidence that mental illness may be
the cause of a student's expulsion or suspension.
(c-5) School districts shall make reasonable efforts to
provide ongoing professional development to teachers,
administrators, school board members, school resource
officers, and staff on the adverse consequences of school
exclusion and justice-system involvement, effective classroom
management strategies, culturally responsive discipline, the
appropriate and available supportive services for the
promotion of student attendance and engagement, and
developmentally appropriate disciplinary methods that promote
positive and healthy school climates.
(d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a
case-by-case basis. A student who is determined to have
brought one of the following objects to school, any
school-sponsored activity or event, or any activity or event
that bears a reasonable relationship to school shall be
expelled for a period of not less than one year:
(1) A firearm. For the purposes of this Section,
"firearm" means any gun, rifle, shotgun, weapon as defined
by Section 921 of Title 18 of the United States Code,

SB2136 - 65 - LRB103 27172 RLC 53542 b
firearm as defined in Section 2-7.5 1.1 of the Firearm
Owners Identification Card Act, or firearm as defined in
Section 24-1 of the Criminal Code of 2012. The expulsion
period under this subdivision (1) may be modified by the
superintendent, and the superintendent's determination may
be modified by the board on a case-by-case basis.
(2) A knife, brass knuckles or other knuckle weapon
regardless of its composition, a billy club, or any other
object if used or attempted to be used to cause bodily
harm, including "look alikes" of any firearm as defined in
subdivision (1) of this subsection (d). The expulsion
requirement under this subdivision (2) may be modified by
the superintendent, and the superintendent's determination
may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code.
(d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case-by-case basis, if (i)

SB2136 - 66 - LRB103 27172 RLC 53542 b
that student has been determined to have made an explicit
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within
the school grounds at the time the threat was made, and (iii)
the threat could be reasonably interpreted as threatening to
the safety and security of the threatened individual because
of his or her duties or employment status or status as a
student inside the school.
(e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including

SB2136 - 67 - LRB103 27172 RLC 53542 b
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A
of this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program.
(h) School officials shall not advise or encourage
students to drop out voluntarily due to behavioral or academic
difficulties.
(i) A student may not be issued a monetary fine or fee as a
disciplinary consequence, though this shall not preclude
requiring a student to provide restitution for lost, stolen,
or damaged property.

SB2136 - 68 - LRB103 27172 RLC 53542 b
(j) Subsections (a) through (i) of this Section shall
apply to elementary and secondary schools, charter schools,
special charter districts, and school districts organized
under Article 34 of this Code.
(k) The expulsion of children enrolled in programs funded
under Section 1C-2 of this Code is subject to the requirements
under paragraph (7) of subsection (a) of Section 2-3.71 of
this Code.
(l) Beginning with the 2018-2019 school year, an in-school
suspension program provided by a school district for any
students in kindergarten through grade 12 may focus on
promoting non-violent conflict resolution and positive
interaction with other students and school personnel. A school
district may employ a school social worker or a licensed
mental health professional to oversee an in-school suspension
program in kindergarten through grade 12.
(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 102-466)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, pursuant to subsection (b-20)
of this Section, and no action shall lie against them for such

SB2136 - 69 - LRB103 27172 RLC 53542 b
expulsion. Expulsion shall take place only after the parents
or guardians have been requested to appear at a meeting of the
board, or with a hearing officer appointed by it, to discuss
their child's behavior. Such request shall be made by
registered or certified mail and shall state the time, place
and purpose of the meeting. The board, or a hearing officer
appointed by it, at such meeting shall state the reasons for
dismissal and the date on which the expulsion is to become
effective. If a hearing officer is appointed by the board, he
shall report to the board a written summary of the evidence
heard at the meeting and the board may take such action thereon
as it finds appropriate. If the board acts to expel a pupil,
the written expulsion decision shall detail the specific
reasons why removing the pupil from the learning environment
is in the best interest of the school. The expulsion decision
shall also include a rationale as to the specific duration of
the expulsion. An expelled pupil may be immediately
transferred to an alternative program in the manner provided
in Article 13A or 13B of this Code. A pupil must not be denied
transfer because of the expulsion, except in cases in which
such transfer is deemed to cause a threat to the safety of
students or staff in the alternative program.
(b) To suspend or by policy to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of gross disobedience or misconduct, or to suspend

SB2136 - 70 - LRB103 27172 RLC 53542 b
pupils guilty of gross disobedience or misconduct on the
school bus from riding the school bus, pursuant to subsections
(b-15) and (b-20) of this Section, and no action shall lie
against them for such suspension. The board may by policy
authorize the superintendent of the district or the principal,
assistant principal, or dean of students of any school to
suspend pupils guilty of such acts for a period not to exceed
10 school days. If a pupil is suspended due to gross
disobedience or misconduct on a school bus, the board may
suspend the pupil in excess of 10 school days for safety
reasons.
Any suspension shall be reported immediately to the
parents or guardians of a pupil along with a full statement of
the reasons for such suspension and a notice of their right to
a review. The school board must be given a summary of the
notice, including the reason for the suspension and the
suspension length. Upon request of the parents or guardians,
the school board or a hearing officer appointed by it shall
review such action of the superintendent or principal,
assistant principal, or dean of students. At such review, the
parents or guardians of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a hearing
officer is appointed by the board, he shall report to the board
a written summary of the evidence heard at the meeting. After
its hearing or upon receipt of the written report of its
hearing officer, the board may take such action as it finds

SB2136 - 71 - LRB103 27172 RLC 53542 b
appropriate. If a student is suspended pursuant to this
subsection (b), the board shall, in the written suspension
decision, detail the specific act of gross disobedience or
misconduct resulting in the decision to suspend. The
suspension decision shall also include a rationale as to the
specific duration of the suspension. A pupil who is suspended
in excess of 20 school days may be immediately transferred to
an alternative program in the manner provided in Article 13A
or 13B of this Code. A pupil must not be denied transfer
because of the suspension, except in cases in which such
transfer is deemed to cause a threat to the safety of students
or staff in the alternative program.
(b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school
exclusions, such as out-of-school suspensions and expulsions,
are the most serious. School officials shall limit the number
and duration of expulsions and suspensions to the greatest
extent practicable, and it is recommended that they use them
only for legitimate educational purposes. To ensure that
students are not excluded from school unnecessarily, it is
recommended that school officials consider forms of
non-exclusionary discipline prior to using out-of-school
suspensions or expulsions.
(b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies
by which school administrators are required to suspend or

SB2136 - 72 - LRB103 27172 RLC 53542 b
expel students for particular behaviors.
(b-15) Out-of-school suspensions of 3 days or less may be
used only if the student's continuing presence in school would
pose a threat to school safety or a disruption to other
students' learning opportunities. For purposes of this
subsection (b-15), "threat to school safety or a disruption to
other students' learning opportunities" shall be determined on
a case-by-case basis by the school board or its designee.
School officials shall make all reasonable efforts to resolve
such threats, address such disruptions, and minimize the
length of suspensions to the greatest extent practicable.
(b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days, expulsions,
and disciplinary removals to alternative schools may be used
only if other appropriate and available behavioral and
disciplinary interventions have been exhausted and the
student's continuing presence in school would either (i) pose
a threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of
this subsection (b-20), "threat to the safety of other
students, staff, or members of the school community" and
"substantially disrupt, impede, or interfere with the
operation of the school" shall be determined on a case-by-case
basis by school officials. For purposes of this subsection
(b-20), the determination of whether "appropriate and

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available behavioral and disciplinary interventions have been
exhausted" shall be made by school officials. School officials
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of student
exclusions to the greatest extent practicable. Within the
suspension decision described in subsection (b) of this
Section or the expulsion decision described in subsection (a)
of this Section, it shall be documented whether other
interventions were attempted or whether it was determined that
there were no other appropriate and available interventions.
(b-25) Students who are suspended out-of-school for longer
than 4 school days shall be provided appropriate and available
support services during the period of their suspension. For
purposes of this subsection (b-25), "appropriate and available
support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
this Section, it shall be documented whether such services are
to be provided or whether it was determined that there are no
such appropriate and available services.
A school district may refer students who are expelled to
appropriate and available support services.
A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
(b-30) A school district shall create a policy by which
suspended pupils, including those pupils suspended from the

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

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suspension or expulsion proceeding under this subsection
(b-35) must be conducted independently from any ongoing
criminal investigation or proceeding, and an absence of
pending or possible criminal charges, criminal investigations,
or proceedings may not be a factor in school disciplinary
decisions.
(b-40) During a suspension review hearing conducted under
subsection (b) or an expulsion hearing conducted under
subsection (a) that involves allegations of sexual violence by
the student who is subject to discipline, neither the student
nor his or her representative shall directly question nor have
direct contact with the alleged victim. The student who is
subject to discipline or his or her representative may, at the
discretion and direction of the school board or its appointed
hearing officer, suggest questions to be posed by the school
board or its appointed hearing officer to the alleged victim.
(c) A school board must invite a representative from a
local mental health agency to consult with the board at the
meeting whenever there is evidence that mental illness may be
the cause of a student's expulsion or suspension.
(c-5) School districts shall make reasonable efforts to
provide ongoing professional development to teachers,
administrators, school board members, school resource
officers, and staff on the adverse consequences of school
exclusion and justice-system involvement, effective classroom
management strategies, culturally responsive discipline, the

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

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

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

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

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this Code.
(l) Beginning with the 2018-2019 school year, an in-school
suspension program provided by a school district for any
students in kindergarten through grade 12 may focus on
promoting non-violent conflict resolution and positive
interaction with other students and school personnel. A school
district may employ a school social worker or a licensed
mental health professional to oversee an in-school suspension
program in kindergarten through grade 12.
(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
(105 ILCS 5/10-27.1A)
Sec. 10-27.1A. Firearms in schools.
(a) All school officials, including teachers, school
counselors, and support staff, shall immediately notify the
office of the principal in the event that they observe any
person in possession of a firearm on school grounds; provided
that taking such immediate action to notify the office of the
principal would not immediately endanger the health, safety,
or welfare of students who are under the direct supervision of
the school official or the school official. If the health,
safety, or welfare of students under the direct supervision of
the school official or of the school official is immediately
endangered, the school official shall notify the office of the
principal as soon as the students under his or her supervision

SB2136 - 81 - LRB103 27172 RLC 53542 b
and he or she are no longer under immediate danger. A report is
not required by this Section when the school official knows
that the person in possession of the firearm is a law
enforcement official engaged in the conduct of his or her
official duties. Any school official acting in good faith who
makes such a report under this Section shall have immunity
from any civil or criminal liability that might otherwise be
incurred as a result of making the report. The identity of the
school official making such report shall not be disclosed
except as expressly and specifically authorized by law.
Knowingly and willfully failing to comply with this Section is
a petty offense. A second or subsequent offense is a Class C
misdemeanor.
(b) Upon receiving a report from any school official
pursuant to this Section, or from any other person, the
principal or his or her designee shall immediately notify a
local law enforcement agency. If the person found to be in
possession of a firearm on school grounds is a student, the
principal or his or her designee shall also immediately notify
that student's parent or guardian. Any principal or his or her
designee acting in good faith who makes such reports under
this Section shall have immunity from any civil or criminal
liability that might otherwise be incurred or imposed as a
result of making the reports. Knowingly and willfully failing
to comply with this Section is a petty offense. A second or
subsequent offense is a Class C misdemeanor. If the person

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

SB2136 - 83 - LRB103 27172 RLC 53542 b
State Police. The State Board of Education shall compile this
information by school district and make it available to the
public.
(d) As used in this Section, the term "firearm" shall have
the meaning ascribed to it in Section 2-7.5 of the Criminal
Code of 2012 1.1 of the Firearm Owners Identification Card
Act.
As used in this Section, the term "school" means any
public or private elementary or secondary school.
As used in this Section, the term "school grounds"
includes the real property comprising any school, any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school-related
activity, or any public way within 1,000 feet of the real
property comprising any school.
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(105 ILCS 5/34-8.05)
Sec. 34-8.05. Reporting firearms in schools. On or after
January 1, 1997, upon receipt of any written, electronic, or
verbal report from any school personnel regarding a verified
incident involving a firearm in a school or on school owned or
leased property, including any conveyance owned, leased, or
used by the school for the transport of students or school
personnel, the general superintendent or his or her designee

SB2136 - 84 - LRB103 27172 RLC 53542 b
shall report all such firearm-related incidents occurring in a
school or on school property to the local law enforcement
authorities no later than 24 hours after the occurrence of the
incident and to the Illinois State Police in a form, manner,
and frequency as prescribed by the Illinois State Police.
The State Board of Education shall receive an annual
statistical compilation and related data associated with
incidents involving firearms in schools from the Illinois
State Police. As used in this Section, the term "firearm"
shall have the meaning ascribed to it in Section 2-7.5 of the
Criminal Code of 2012 1.1 of the Firearm Owners Identification
Card Act.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 40. The Illinois Explosives Act is amended by
changing Section 2005 as follows:
(225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
Sec. 2005. Qualifications for licensure.
(a) No person shall qualify to hold a license who:
(1) is under 21 years of age;
(2) has been convicted in any court of a crime
punishable by imprisonment for a term exceeding one year;
(3) is under indictment for a crime punishable by
imprisonment for a term exceeding one year;
(4) is a fugitive from justice;

SB2136 - 85 - LRB103 27172 RLC 53542 b
(5) is an unlawful user of or addicted to any
controlled substance as defined in Section 102 of the
federal Controlled Substances Act (21 U.S.C. Sec. 802 et
seq.);
(6) has been adjudicated a person with a mental
disability as defined in Section 6-103.1 of the Mental
Health and Developmental Disabilities Code 1.1 of the
Firearm Owners Identification Card Act; or
(7) is not a legal citizen of the United States or
lawfully admitted for permanent residence.
(b) A person who has been granted a "relief from
disabilities" regarding criminal convictions and indictments,
pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
845) may receive a license provided all other qualifications
under this Act are met.
(Source: P.A. 101-541, eff. 8-23-19.)
Section 45. The Private Detective, Private Alarm, Private
Security, and Locksmith Act of 2004 is amended by changing
Sections 35-30 and 35-35 as follows:
(225 ILCS 447/35-30)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-30. Employee requirements. All employees of a
licensed agency, other than those exempted, shall apply for a
permanent employee registration card. The holder of an agency

SB2136 - 86 - LRB103 27172 RLC 53542 b
license issued under this Act, known in this Section as
"employer", may employ in the conduct of his or her business
employees under the following provisions:
(a) No person shall be issued a permanent employee
registration card who:
(1) Is younger than 18 years of age.
(2) Is younger than 21 years of age if the services
will include being armed.
(3) Has been determined by the Department to be unfit
by reason of conviction of an offense in this or another
state, including registration as a sex offender, but not
including a traffic offense. Persons convicted of felonies
involving bodily harm, weapons, violence, or theft within
the previous 10 years shall be presumed to be unfit for
registration. The Department shall adopt rules for making
those determinations that shall afford the applicant due
process of law.
(4) Has had a license or permanent employee
registration card denied, suspended, or revoked under this
Act (i) within one year before the date the person's
application for permanent employee registration card is
received by the Department; and (ii) that refusal, denial,
suspension, or revocation was based on any provision of
this Act other than Section 40-50, item (6) or (8) of
subsection (a) of Section 15-10, subsection (b) of Section
15-10, item (6) or (8) of subsection (a) of Section 20-10,

SB2136 - 87 - LRB103 27172 RLC 53542 b
subsection (b) of Section 20-10, item (6) or (8) of
subsection (a) of Section 25-10, subsection (b) of Section
25-10, item (7) of subsection (a) of Section 30-10,
subsection (b) of Section 30-10, or Section 10-40.
(5) Has been declared incompetent by any court of
competent jurisdiction by reason of mental disease or
defect and has not been restored.
(6) Has been dishonorably discharged from the armed
services of the United States.
(b) No person may be employed by a private detective
agency, private security contractor agency, private alarm
contractor agency, fingerprint vendor agency, or locksmith
agency under this Section until he or she has executed and
furnished to the employer, on forms furnished by the
Department, a verified statement to be known as "Employee's
Statement" setting forth:
(1) The person's full name, age, and residence
address.
(2) The business or occupation engaged in for the 5
years immediately before the date of the execution of the
statement, the place where the business or occupation was
engaged in, and the names of employers, if any.
(3) That the person has not had a license or employee
registration denied, revoked, or suspended under this Act
(i) within one year before the date the person's
application for permanent employee registration card is

SB2136 - 88 - LRB103 27172 RLC 53542 b
received by the Department; and (ii) that refusal, denial,
suspension, or revocation was based on any provision of
this Act other than Section 40-50, item (6) or (8) of
subsection (a) of Section 15-10, subsection (b) of Section
15-10, item (6) or (8) of subsection (a) of Section 20-10,
subsection (b) of Section 20-10, item (6) or (8) of
subsection (a) of Section 25-10, subsection (b) of Section
25-10, item (7) of subsection (a) of Section 30-10,
subsection (b) of Section 30-10, or Section 10-40.
(4) Any conviction of a felony or misdemeanor.
(5) Any declaration of incompetence by a court of
competent jurisdiction that has not been restored.
(6) Any dishonorable discharge from the armed services
of the United States.
(7) Any other information as may be required by any
rule of the Department to show the good character,
competency, and integrity of the person executing the
statement.
(c) Each applicant for a permanent employee registration
card shall have his or her fingerprints submitted to the
Illinois State Police in an electronic format that complies
with the form and manner for requesting and furnishing
criminal history record information as prescribed by the
Illinois State Police. These fingerprints shall be checked
against the Illinois State Police and Federal Bureau of
Investigation criminal history record databases now and

SB2136 - 89 - LRB103 27172 RLC 53542 b
hereafter filed. The Illinois State Police shall charge
applicants a fee for conducting the criminal history records
check, which shall be deposited in the State Police Services
Fund and shall not exceed the actual cost of the records check.
The Illinois State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or
directly to the vendor. The Department, in its discretion, may
allow an applicant who does not have reasonable access to a
designated vendor to provide his or her fingerprints in an
alternative manner. The Department, in its discretion, may
also use other procedures in performing or obtaining criminal
background checks of applicants. Instead of submitting his or
her fingerprints, an individual may submit proof that is
satisfactory to the Department that an equivalent security
clearance has been conducted. Also, an individual who has
retired as a peace officer within 12 months of application may
submit verification, on forms provided by the Department and
signed by his or her employer, of his or her previous full-time
employment as a peace officer.
(d) The Department shall issue a permanent employee
registration card, in a form the Department prescribes, to all
qualified applicants. The holder of a permanent employee
registration card shall carry the card at all times while
actually engaged in the performance of the duties of his or her

SB2136 - 90 - LRB103 27172 RLC 53542 b
employment. Expiration and requirements for renewal of
permanent employee registration cards shall be established by
rule of the Department. Possession of a permanent employee
registration card does not in any way imply that the holder of
the card is employed by an agency unless the permanent
employee registration card is accompanied by the employee
identification card required by subsection (f) of this
Section.
(e) Each employer shall maintain a record of each employee
that is accessible to the duly authorized representatives of
the Department. The record shall contain the following
information:
(1) A photograph taken within 10 days of the date that
the employee begins employment with the employer. The
photograph shall be replaced with a current photograph
every 3 calendar years.
(2) The Employee's Statement specified in subsection
(b) of this Section.
(3) All correspondence or documents relating to the
character and integrity of the employee received by the
employer from any official source or law enforcement
agency.
(4) In the case of former employees, the employee
identification card of that person issued under subsection
(f) of this Section. Each employee record shall duly note
if the employee is employed in an armed capacity. Armed

SB2136 - 91 - LRB103 27172 RLC 53542 b
employee files shall contain a copy of an active firearm
owner's identification card and a copy of an active
firearm control card. Each employer shall maintain a
record for each armed employee of each instance in which
the employee's weapon was discharged during the course of
his or her professional duties or activities. The record
shall be maintained on forms provided by the Department, a
copy of which must be filed with the Department within 15
days of an instance. The record shall include the date and
time of the occurrence, the circumstances involved in the
occurrence, and any other information as the Department
may require. Failure to provide this information to the
Department or failure to maintain the record as a part of
each armed employee's permanent file is grounds for
disciplinary action. The Department, upon receipt of a
report, shall have the authority to make any investigation
it considers appropriate into any occurrence in which an
employee's weapon was discharged and to take disciplinary
action as may be appropriate.
(5) A copy of the employee's permanent employee
registration card or a copy of the Department's "License
Lookup" Webpage showing that the employee has been issued
a valid permanent employee registration card by the
Department.
The Department may, by rule, prescribe further record
requirements.

SB2136 - 92 - LRB103 27172 RLC 53542 b
(f) Every employer shall furnish an employee
identification card to each of his or her employees. This
employee identification card shall contain a recent photograph
of the employee, the employee's name, the name and agency
license number of the employer, the employee's personal
description, the signature of the employer, the signature of
that employee, the date of issuance, and an employee
identification card number.
(g) No employer may issue an employee identification card
to any person who is not employed by the employer in accordance
with this Section or falsely state or represent that a person
is or has been in his or her employ. It is unlawful for an
applicant for registered employment to file with the
Department the fingerprints of a person other than himself or
herself.
(h) Every employer shall obtain the identification card of
every employee who terminates employment with him or her.
(i) Every employer shall maintain a separate roster of the
names of all employees currently working in an armed capacity
and submit the roster to the Department on request.
(j) No agency may employ any person to perform a licensed
activity under this Act unless the person possesses a valid
permanent employee registration card or a valid license under
this Act, or is exempt pursuant to subsection (n).
(k) Notwithstanding the provisions of subsection (j), an
agency may employ a person in a temporary capacity if all of

SB2136 - 93 - LRB103 27172 RLC 53542 b
the following conditions are met:
(1) The agency completes in its entirety and submits
to the Department an application for a permanent employee
registration card, including the required fingerprint
receipt and fees.
(2) The agency has verification from the Department
that the applicant has no record of any criminal
conviction pursuant to the criminal history check
conducted by the Illinois State Police. The agency shall
maintain the verification of the results of the Illinois
State Police criminal history check as part of the
employee record as required under subsection (e) of this
Section.
(3) The agency exercises due diligence to ensure that
the person is qualified under the requirements of the Act
to be issued a permanent employee registration card.
(4) The agency maintains a separate roster of the
names of all employees whose applications are currently
pending with the Department and submits the roster to the
Department on a monthly basis. Rosters are to be
maintained by the agency for a period of at least 24
months.
An agency may employ only a permanent employee applicant
for which it either submitted a permanent employee application
and all required forms and fees or it confirms with the
Department that a permanent employee application and all

SB2136 - 94 - LRB103 27172 RLC 53542 b
required forms and fees have been submitted by another agency,
licensee or the permanent employee and all other requirements
of this Section are met.
The Department shall have the authority to revoke, without
a hearing, the temporary authority of an individual to work
upon receipt of Federal Bureau of Investigation fingerprint
data or a report of another official authority indicating a
criminal conviction. If the Department has not received a
temporary employee's Federal Bureau of Investigation
fingerprint data within 120 days of the date the Department
received the Illinois State Police fingerprint data, the
Department may, at its discretion, revoke the employee's
temporary authority to work with 15 days written notice to the
individual and the employing agency.
An agency may not employ a person in a temporary capacity
if it knows or reasonably should have known that the person has
been convicted of a crime under the laws of this State, has
been convicted in another state of any crime that is a crime
under the laws of this State, has been convicted of any crime
in a federal court, or has been posted as an unapproved
applicant by the Department. Notice by the Department to the
agency, via certified mail, personal delivery, electronic
mail, or posting on the Department's Internet site accessible
to the agency that the person has been convicted of a crime
shall be deemed constructive knowledge of the conviction on
the part of the agency. The Department may adopt rules to

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

SB2136 - 96 - LRB103 27172 RLC 53542 b
ushers, directors, ticket takers, cashiers, drivers, and
reception personnel. Confidential or security information is
that which pertains to employee files, scheduling, client
contracts, or technical security and alarm data.
(p) An applicant who is 21 years of age or older seeking a
religious exemption to the photograph requirement of this
Section shall furnish with the application an approved copy of
United States Department of the Treasury Internal Revenue
Service Form 4029. Regardless of age, an applicant seeking a
religious exemption to this photograph requirement shall
submit fingerprints in a form and manner prescribed by the
Department with his or her application in lieu of a
photograph.
(Source: P.A. 102-538, eff. 8-20-21.)
(225 ILCS 447/35-35)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-35. Requirement of a firearm control card.
(a) No person shall perform duties that include the use,
carrying, or possession of a firearm in the performance of
those duties without complying with the provisions of this
Section and having been issued a valid firearm control card by
the Department.
(b) No employer shall employ any person to perform the
duties for which licensure or employee registration is
required and allow that person to carry a firearm unless that

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

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

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

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temporary firearm control card.
(i) The Department shall not issue a firearm control card
to a licensed fingerprint vendor or a licensed locksmith or
employees of a licensed fingerprint vendor agency or a
licensed locksmith agency.
(Source: P.A. 100-712, eff. 8-3-18.)
Section 50. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 1-106,
1-116, 6-103.1, 6-103.2, and 6-103.3 as follows:
(405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
Sec. 1-106. "Developmental disability" means a severe,
chronic disability, other than mental illness, found to be
closely related to an intellectual disability because this
condition results in impairment of general intellectual
functioning or adaptive behavior similar to that of persons
with ID, and requires services similar to those required for a
person with an intellectual disability. In addition, a
developmental disability: (1) is manifested before the
individual reaches 22 years of age; (2) is likely to continue
indefinitely; (3) results in substantial functional
limitations in three or more of the following areas of major
life activity: self-care, receptive and expressive language,
learning, mobility, self-direction, capacity for independent
living, or economic self-sufficiency; and (4) reflects the

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individual's need for a combination and sequence of special
interdisciplinary or generic services, individualized
supports, or other forms of assistance that are of lifelong or
extended duration and are individually planned and
coordinated. This definition does not supersede the
"developmental disability" definition in Section 1.1 of the
Firearm Owners Identification Card Act which is required to be
applied under that Act for the purpose of mandatory reporting.
(Source: P.A. 102-972, eff. 1-1-23.)
(405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116)
Sec. 1-116. Intellectual disability. "Intellectual
disability" means a disorder with onset during the
developmental period (before the individual reaches age 22),
that includes both intellectual and adaptive deficits in
conceptual, social and practical domains. The following 3
criteria must be met: (1) deficits in intellectual functions
such as reasoning, problem solving, planning, abstract
thinking, judgment, academic learning, and learning from
experience confirmed by both clinical assessment and
individualized, standardized intelligence testing (generally
indicated with an IQ score of about 70 or below), (2) deficits
in adaptive functioning that result in failure to meet
developmental and sociocultural standards for personal
independence and social responsibility. Without ongoing
support, the adaptive deficits limit functioning in one or

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more activities of daily life, such as communication, social
participation, and independent living, across multiple
environments, such as home, school, work, and community, and
(3) onset of intellectual and adaptive deficits during the
developmental period. This definition does not supersede the
"intellectual disability" definition in Section 1.1 of the
Firearm Owners Identification Card Act which is required to be
applied under that Act for the purpose of mandatory reporting.
(Source: P.A. 102-972, eff. 1-1-23.)
(405 ILCS 5/6-103.1)
Sec. 6-103.1. Adjudication as a person with a mental
disability. When a person has been adjudicated as a person
with a mental disability as defined in Section 1.1 of the
Firearm Owners Identification Card Act, including, but not
limited to, an adjudication as a person with a disability as
defined in Section 11a-2 of the Probate Act of 1975, the court
shall direct the circuit court clerk to notify the Illinois
State Police, Firearm Owner's Identification (FOID) Office, in
a form and manner prescribed by the Illinois State Police, and
shall forward a copy of the court order to the Department no
later than 7 days after the entry of the order. Upon receipt of
the order, the Illinois State Police shall provide
notification to the National Instant Criminal Background Check
System. In this Section, "has been adjudicated as a mentally
disabled person" means the person is the subject of a

SB2136 - 103 - LRB103 27172 RLC 53542 b
determination by a court, board, commission, or other lawful
authority that the person, as a result of marked subnormal
intelligence, or mental illness, mental impairment,
incompetency, condition, or disease:
(1) presents a clear and present danger to himself,
herself, or to others;
(2) lacks the mental capacity to manage his or her own
affairs or is adjudicated a disabled person as defined in
Section 11a-2 of the Probate Act of 1975;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(3.5) is guilty but mentally ill, as provided in
Section 5-2-6 of the Unified Code of Corrections;
(4) is unfit to stand trial in a criminal case;
(5) is not guilty by reason of lack of mental
responsibility under Articles 50a and 72b of the Uniform
Code of Military Justice, 10 U.S.C. 850a, 876b;
(6) is a sexually violent person under subsection (f)
of Section 5 of the Sexually Violent Persons Commitment
Act;
(7) is a sexually dangerous person under the Sexually
Dangerous Persons Act;
(8) is unfit to stand trial under the Juvenile Court
Act of 1987;
(9) is not guilty by reason of insanity under the
Juvenile Court Act of 1987;

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

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

SB2136 - 106 - LRB103 27172 RLC 53542 b
substantial disability. This disability results, in the
professional opinion of a physician, clinical psychologist, or
qualified examiner, in significant functional limitations in 3
or more of the following areas of major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility; or
(v) self-direction.
"Determined to be a person with a developmental disability
by a physician, clinical psychologist, or qualified examiner"
means in the professional opinion of the physician, clinical
psychologist, or qualified examiner, a person is diagnosed,
assessed, or evaluated as having a developmental disability.
(Source: P.A. 102-538, eff. 8-20-21.)
(405 ILCS 5/6-103.3)
Sec. 6-103.3. Clear and present danger; notice. If a
person is determined to pose a clear and present danger to
himself, herself, or to others by a physician, clinical
psychologist, or qualified examiner, whether employed by the
State, by any public or private mental health facility or part
thereof, or by a law enforcement official or a school
administrator, then the physician, clinical psychologist,
qualified examiner shall notify the Department of Human
Services and a law enforcement official or school

SB2136 - 107 - LRB103 27172 RLC 53542 b
administrator shall notify the Illinois State Police, within
24 hours of making the determination that the person poses a
clear and present danger. The Department of Human Services
shall immediately update its records and information relating
to mental health and developmental disabilities, and if
appropriate, shall notify the Illinois State Police in a form
and manner prescribed by the Illinois State Police.
Information disclosed under this Section shall remain
privileged and confidential, and shall not be redisclosed,
except as required under paragraph (2) of subsection (e) of
Section 24-4.5 of the Criminal Code of 2012 subsection (e) of
Section 3.1 of the Firearm Owners Identification Card Act, nor
used for any other purpose. The method of providing this
information shall guarantee that the information is not
released beyond that which is necessary for the purpose of
this Section and shall be provided by rule by the Department of
Human Services. The identity of the person reporting under
this Section shall not be disclosed to the subject of the
report. The physician, clinical psychologist, qualified
examiner, law enforcement official, or school administrator
making the determination and his or her employer shall not be
held criminally, civilly, or professionally liable for making
or not making the notification required under this Section,
except for willful or wanton misconduct. This Section does not
apply to a law enforcement official, if making the
notification under this Section will interfere with an ongoing

SB2136 - 108 - LRB103 27172 RLC 53542 b
or pending criminal investigation.
In For the purposes of this Section:
"Clear and present danger" means a person who:
(1) communicates a serious threat of physical
violence against a reasonably identifiable victim or
poses a clear and imminent risk of serious physical
injury to himself, herself, or another person as
determined by a physician, clinical psychologist, or
qualified examiner; or
(2) demonstrates threatening physical or verbal
behavior, such as violent, suicidal, or assaultive
threats, actions, or other behavior, as determined by
a physician, clinical psychologist, qualified
examiner, school administrator, or law enforcement
official.
"Physician", "clinical psychologist", and "qualified
examiner" have the meanings ascribed to them in the Mental
Health and Developmental Disabilities Code has the meaning
ascribed to it in Section 1.1 of the Firearm Owners
Identification Card Act.
"Determined to pose a clear and present danger to
himself, herself, or to others by a physician, clinical
psychologist, or qualified examiner" means in the
professional opinion of the physician, clinical
psychologist, or qualified examiner, a person poses a
clear and present danger.

SB2136 - 109 - LRB103 27172 RLC 53542 b
"School administrator" means the person required to
report under the School Administrator Reporting of Mental
Health Clear and Present Danger Determinations Law.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 55. The Lead Poisoning Prevention Act is amended
by changing Section 2 as follows:
(410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
Sec. 2. Definitions. As used in this Act:
"Child care facility" means any structure used by a child
care provider licensed by the Department of Children and
Family Services or public or private school structure
frequented by children 6 years of age or younger.
"Childhood Lead Risk Questionnaire" means the
questionnaire developed by the Department for use by
physicians and other health care providers to determine risk
factors for children 6 years of age or younger residing in
areas designated as low risk for lead exposure.
"Delegate agency" means a unit of local government or
health department approved by the Department to carry out the
provisions of this Act.
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Dwelling unit" means an individual unit within a
residential building used as living quarters for one

SB2136 - 110 - LRB103 27172 RLC 53542 b
household.
"Elevated blood lead level" means a blood lead level in
excess of the limits established under State rules.
"Exposed surface" means any interior or exterior surface
of a regulated facility.
"High risk area" means an area in the State determined by
the Department to be high risk for lead exposure for children 6
years of age or younger. The Department may consider, but is
not limited to, the following factors to determine a high risk
area: age and condition (using Department of Housing and Urban
Development definitions of "slum" and "blighted") of housing,
proximity to highway traffic or heavy local traffic or both,
percentage of housing determined as rental or vacant,
proximity to industry using lead, established incidence of
elevated blood lead levels in children, percentage of
population living below 200% of federal poverty guidelines,
and number of children residing in the area who are 6 years of
age or younger.
"Lead abatement" means any approved work practices that
will permanently eliminate lead exposure or remove the
lead-bearing substances in a regulated facility. The
Department shall establish by rule which work practices are
approved or prohibited for lead abatement.
"Lead abatement contractor" means any person or entity
licensed by the Department to perform lead abatement and
mitigation.

SB2136 - 111 - LRB103 27172 RLC 53542 b
"Lead abatement supervisor" means any person employed by a
lead abatement contractor and licensed by the Department to
perform lead abatement and lead mitigation and to supervise
lead workers who perform lead abatement and lead mitigation.
"Lead abatement worker" means any person employed by a
lead abatement contractor and licensed by the Department to
perform lead abatement and mitigation.
"Lead activities" means the conduct of any lead services,
including, lead inspection, lead risk assessment, lead
mitigation, or lead abatement work or supervision in a
regulated facility.
"Lead-bearing substance" means any item containing or
coated with lead such that the lead content is more than
six-hundredths of one percent (0.06%) lead by total weight; or
any dust on surfaces or in furniture or other nonpermanent
elements of the regulated facility; or any paint or other
surface coating material containing more than five-tenths of
one percent (0.5%) lead by total weight (calculated as lead
metal) in the total non-volatile content of liquid paint; or
lead-bearing substances containing greater than one milligram
per square centimeter or any lower standard for lead content
in residential paint as may be established by federal law or
rule; or more than 1 milligram per square centimeter in the
dried film of paint or previously applied substance; or item
or dust on item containing lead in excess of the amount
specified in the rules authorized by this Act or a lower

SB2136 - 112 - LRB103 27172 RLC 53542 b
standard for lead content as may be established by federal law
or rule. "Lead-bearing substance" does not include firearm
ammunition or components as defined by Section 2-7.1 of the
Criminal Code of 2012 the Firearm Owners Identification Card
Act.
"Lead hazard" means a lead-bearing substance that poses an
immediate health hazard to humans.
"Lead hazard screen" means a lead risk assessment that
involves limited dust and paint sampling for lead-bearing
substances and lead hazards. This service is used as a
screening tool designed to determine if further lead
investigative services are required for the regulated
facility.
"Lead inspection" means a surface-by-surface investigation
to determine the presence of lead-based paint.
"Lead inspector" means an individual who has been trained
by a Department-approved training program and is licensed by
the Department to conduct lead inspections; to sample for the
presence of lead in paint, dust, soil, and water; and to
conduct compliance investigations.
"Lead mitigation" means the remediation, in a manner
described in Section 9, of a lead hazard so that the
lead-bearing substance does not pose an immediate health
hazard to humans.
"Lead poisoning" means having an elevated blood lead
level.

SB2136 - 113 - LRB103 27172 RLC 53542 b
"Lead risk assessment" means an on-site investigation to
determine the existence, nature, severity, and location of
lead hazards. "Lead risk assessment" includes any lead
sampling and visual assessment associated with conducting a
lead risk assessment and lead hazard screen and all lead
sampling associated with compliance investigations.
"Lead risk assessor" means an individual who has been
trained by a Department-approved training program and is
licensed by the Department to conduct lead risk assessments,
lead inspections, and lead hazard screens; to sample for the
presence of lead in paint, dust, soil, water, and sources for
lead-bearing substances; and to conduct compliance
investigations.
"Lead training program provider" means any person
providing Department-approved lead training in Illinois to
individuals seeking licensure in accordance with the Act.
"Low risk area" means an area in the State determined by
the Department to be low risk for lead exposure for children 6
years of age or younger. The Department may consider the
factors named in "high risk area" to determine low risk areas.
"Owner" means any person, who alone, jointly, or severally
with others:
(a) Has legal title to any regulated facility, with or
without actual possession of the regulated facility, or
(b) Has charge, care, or control of the regulated
facility as owner or agent of the owner, or as executor,

SB2136 - 114 - LRB103 27172 RLC 53542 b
administrator, trustee, or guardian of the estate of the
owner.
"Person" means any individual, partnership, firm, company,
limited liability company, corporation, association, joint
stock company, trust, estate, political subdivision, State
agency, or any other legal entity, or their legal
representative, agent, or assign.
"Regulated facility" means a residential building or child
care facility.
"Residential building" means any room, group of rooms, or
other interior areas of a structure designed or used for human
habitation; common areas accessible by inhabitants; and the
surrounding property or structures.
(Source: P.A. 100-723, eff. 1-1-19.)
(430 ILCS 65/Act rep.)
Section 60. The Firearm Owners Identification Card Act is
repealed.
Section 65. The Firearm Concealed Carry Act is amended by
changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:
(430 ILCS 66/25)
Sec. 25. Qualifications for a license.
The Illinois State Police shall issue a license to an
applicant completing an application in accordance with Section

SB2136 - 115 - LRB103 27172 RLC 53542 b
30 of this Act if the person:
(1) is at least 21 years of age;
(2) has a currently valid Firearm Owner's
Identification Card and at the time of application meets
the requirements for the issuance of a Firearm Owner's
Identification Card and is not prohibited under State the
Firearm Owners Identification Card Act or federal law from
possessing or receiving a firearm;
(3) has not been convicted or found guilty in this
State or in any other state of:
(A) a misdemeanor involving the use or threat of
physical force or violence to any person within the 5
years preceding the date of the license application;
or
(B) 2 or more violations related to driving while
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, within the 5 years preceding the date of the
license application;
(4) is not the subject of a pending arrest warrant,
prosecution, or proceeding for an offense or action that
could lead to disqualification to own or possess a
firearm;
(5) has not been in residential or court-ordered
treatment for alcoholism, alcohol detoxification, or drug
treatment within the 5 years immediately preceding the

SB2136 - 116 - LRB103 27172 RLC 53542 b
date of the license application; and
(6) has completed firearms training and any education
component required under Section 75 of this Act.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 66/30)
Sec. 30. Contents of license application.
(a) The license application shall be in writing, under
penalty of perjury, on a standard form adopted by the Illinois
State Police and shall be accompanied by the documentation
required in this Section and the applicable fee. Each
application form shall include the following statement printed
in bold type: "Warning: Entering false information on this
form is punishable as perjury under Section 32-2 of the
Criminal Code of 2012."
(b) The application shall contain the following:
(1) the applicant's name, current address, date and
year of birth, place of birth, height, weight, hair color,
eye color, maiden name or any other name the applicant has
used or identified with, and any address where the
applicant resided for more than 30 days within the 10
years preceding the date of the license application;
(2) the applicant's valid driver's license number or
valid state identification card number;
(3) a waiver of the applicant's privacy and
confidentiality rights and privileges under all federal

SB2136 - 117 - LRB103 27172 RLC 53542 b
and state laws, including those limiting access to
juvenile court, criminal justice, psychological, or
psychiatric records or records relating to any
institutionalization of the applicant, and an affirmative
request that a person having custody of any of these
records provide it or information concerning it to the
Illinois State Police. The waiver only applies to records
sought in connection with determining whether the
applicant qualifies for a license to carry a concealed
firearm under this Act, or whether the applicant remains
in compliance with the Firearm Owners Identification Card
Act;
(4) an affirmation that the applicant is not
prohibited under State or federal law from possessing or
receiving a firearm possesses a currently valid Firearm
Owner's Identification Card and card number if possessed
or notice the applicant is applying for a Firearm Owner's
Identification Card in conjunction with the license
application;
(5) an affirmation that the applicant has not been
convicted or found guilty of:
(A) a felony;
(B) a misdemeanor involving the use or threat of
physical force or violence to any person within the 5
years preceding the date of the application; or
(C) 2 or more violations related to driving while

SB2136 - 118 - LRB103 27172 RLC 53542 b
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, within the 5 years preceding the date of the
license application;
(6) whether the applicant has failed a drug test for a
drug for which the applicant did not have a prescription,
within the previous year, and if so, the provider of the
test, the specific substance involved, and the date of the
test;
(7) written consent for the Illinois State Police to
review and use the applicant's Illinois digital driver's
license or Illinois identification card photograph and
signature;
(8) unless submitted under subsection (a-25) of
Section 4 of the Firearm Owners Identification Card Act, a
full set of fingerprints submitted to the Illinois State
Police in electronic format, provided the Illinois State
Police may accept an application submitted without a set
of fingerprints, in which case the Illinois State Police
shall be granted 30 days in addition to the 90 days
provided under subsection (e) of Section 10 of this Act to
issue or deny a license;
(9) a head and shoulder color photograph in a size
specified by the Illinois State Police taken within the 30
days preceding the date of the license application; and
(10) a photocopy of any certificates or other evidence

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of compliance with the training requirements under this
Act.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(430 ILCS 66/40)
Sec. 40. Non-resident license applications.
(a) For the purposes of this Section, "non-resident" means
a person who has not resided within this State for more than 30
days and resides in another state or territory.
(b) The Illinois State Police shall by rule allow for
non-resident license applications from any state or territory
of the United States with laws related to firearm ownership,
possession, and carrying, that are substantially similar to
the requirements to obtain a license under this Act.
(c) A resident of a state or territory approved by the
Illinois State Police under subsection (b) of this Section may
apply for a non-resident license. The applicant shall apply to
the Illinois State Police and must meet all of the
qualifications established in Section 25 of this Act, except
for the Illinois residency requirement in item (xiv) of
paragraph (2) of subsection (a) of Section 4 of the Firearm
Owners Identification Card Act. The applicant shall submit:
(1) the application and documentation required under
Section 30 of this Act and the applicable fee;
(2) a notarized document stating that the applicant:

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

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

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

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

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

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

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license as provided for in subsection (g) of this Section.
This subsection shall not apply to a person who has filed
an application with the Illinois State Police for renewal of a
Firearm Owner's Identification Card and who is not otherwise
ineligible to obtain a Firearm Owner's Identification Card.
(h-5) (Blank). If the Firearm Owner's Identification Card
of a licensee under this Act expires during the term of the
license issued under this Act, the license and the Firearm
Owner's Identification Card remain valid, and the Illinois
State Police may automatically renew the licensee's Firearm
Owner's Identification Card as provided in subsection (c) of
Section 5 of the Firearm Owners Identification Card Act.
(i) A certified firearms instructor who knowingly provides
or offers to provide a false certification that an applicant
has completed firearms training as required under this Act is
guilty of a Class A misdemeanor. A person guilty of a violation
of this subsection (i) is not eligible for court supervision.
The Illinois State Police shall permanently revoke the
firearms instructor certification of a person convicted under
this subsection (i).
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(430 ILCS 66/80)
Sec. 80. Certified firearms instructors.
(a) Within 60 days of the effective date of this Act, the

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

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instructor certifications:
(A) certification from a law enforcement agency;
(B) certification from a firearm instructor course
offered by a State or federal governmental agency;
(C) certification from a firearm instructor
qualification course offered by the Illinois Law
Enforcement Training Standards Board; or
(D) certification from an entity approved by the
Illinois State Police that offers firearm instructor
education and training in the use and safety of
firearms.
(e) A person may have his or her firearms instructor
certification denied or revoked if he or she does not meet the
requirements to obtain a license under this Act, provides
false or misleading information to the Illinois State Police,
or has had a prior instructor certification revoked or denied
by the Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21; 102-1100, eff. 1-1-23.)
(430 ILCS 66/105)
Sec. 105. Duty of school administrator. It is the duty of
the principal of a public elementary or secondary school, or
his or her designee, and the chief administrative officer of a
private elementary or secondary school or a public or private
community college, college, or university, or his or her
designee, to report to the Illinois State Police when a

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

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

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held the same day that the petition is filed or the next day
that the court is in session.
(f) If a circuit or associate judge finds probable cause
to believe that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, ammunition, or
firearm parts that could be assembled to make an operable
firearm, the circuit or associate judge shall issue an
emergency order.
(f-5) If the court issues an emergency firearms
restraining order, it shall, upon a finding of probable cause
that the respondent possesses firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm,
issue a search warrant directing a law enforcement agency to
seize the respondent's firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm. The court
may, as part of that warrant, direct the law enforcement
agency to search the respondent's residence and other places
where the court finds there is probable cause to believe he or
she is likely to possess the firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm. A
return of the search warrant shall be filed by the law
enforcement agency within 4 days thereafter, setting forth the
time, date, and location that the search warrant was executed
and what items, if any, were seized.

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(g) An emergency firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm,
or removing firearm parts that could be assembled to make
an operable firearm for the duration of the order under
Section 8.2 of the Firearm Owners Identification Card Act;
and
(2) the respondent to comply with Section 9.5 of the
Firearm Owners Identification Card Act and subsection (g)
of Section 70 of the Firearm Concealed Carry Act.
(h) Except as otherwise provided in subsection (h-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm or Firearm Owner's
Identification Card and concealed carry license cannot be
returned to the respondent because the respondent cannot be
located, fails to respond to requests to retrieve the
firearms, or is not lawfully eligible to possess a firearm,
ammunition, or firearm parts that could be assembled to make
an operable firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, ammunition, and
firearm parts that could be assembled to make an operable
firearm, use the firearms, ammunition, and firearm parts that

SB2136 - 133 - LRB103 27172 RLC 53542 b
could be assembled to make an operable firearm for training
purposes, or use the firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm for any
other application as deemed appropriate by the local law
enforcement agency.
(h-5) On or before January 1, 2022, a respondent whose
firearms have been turned over to a local law enforcement
agency Firearm Owner's Identification Card has been revoked or
suspended may petition the court, if the petitioner is present
in court or has notice of the respondent's petition, to
transfer the respondent's firearm, ammunition, and firearm
parts that could be assembled to make an operable firearm to a
person who is lawfully able to possess the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm if the person does not reside at the same
address as the respondent. Notice of the petition shall be
served upon the person protected by the emergency firearms
restraining order. While the order is in effect, the
transferee who receives the respondent's firearms, ammunition,
and firearm parts that could be assembled to make an operable
firearm must swear or affirm by affidavit that he or she shall
not transfer the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm to the
respondent or to anyone residing in the same residence as the
respondent.
(h-6) If a person other than the respondent claims title

SB2136 - 134 - LRB103 27172 RLC 53542 b
to any firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm surrendered under this
Section, he or she may petition the court, if the petitioner is
present in court or has notice of the petition, to have the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm returned to him or her. If the
court determines that person to be the lawful owner of the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm, the firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm shall be returned to him or her, provided that:
(1) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are removed
from the respondent's custody, control, or possession and
the lawful owner agrees to store the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm in a manner such that the respondent does
not have access to or control of the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm; and
(2) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are not
otherwise unlawfully possessed by the owner.
The person petitioning for the return of his or her
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm must swear or affirm by affidavit

SB2136 - 135 - LRB103 27172 RLC 53542 b
that he or she: (i) is the lawful owner of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm; (ii) shall not transfer the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to the respondent; and (iii) will store
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm in a manner that the
respondent does not have access to or control of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(i) In accordance with subsection (e) of this Section, the
court shall schedule a full hearing as soon as possible, but no
longer than 14 days from the issuance of an ex parte firearms
restraining order, to determine if a 6-month firearms
restraining order shall be issued. The court may extend an ex
parte order as needed, but not to exceed 14 days, to effectuate
service of the order or if necessary to continue protection.
The court may extend the order for a greater length of time by
mutual agreement of the parties.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
(430 ILCS 67/40)
Sec. 40. Plenary orders.
(a) A petitioner may request a firearms restraining order

SB2136 - 136 - LRB103 27172 RLC 53542 b
for up to one year by filing an affidavit or verified pleading
alleging that the respondent poses a significant danger of
causing personal injury to himself, herself, or another in the
near future by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, ammunition,
and firearm parts that could be assembled to make an operable
firearm. The petition shall also describe the number, types,
and locations of any firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm presently
believed by the petitioner to be possessed or controlled by
the respondent. The firearms restraining order may be renewed
for an additional period of up to one year in accordance with
Section 45 of this Act.
(b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or
an intimate partner is alleged to have been the target of a
threat or act of violence by the respondent, the petitioner
shall make a good faith effort to provide notice to any and all
intimate partners of the respondent. The notice must include
the duration of time that the petitioner intends to petition
the court for a firearms restraining order, and, if the
petitioner is a law enforcement officer, referral to relevant
domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner shall attest to
having provided the notice in the filed affidavit or verified
pleading. If, after making a good faith effort, the petitioner

SB2136 - 137 - LRB103 27172 RLC 53542 b
is unable to provide notice to any or all intimate partners,
the affidavit or verified pleading should describe what
efforts were made.
(c) Every person who files a petition for a plenary
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) Upon receipt of a petition for a plenary firearms
restraining order, the court shall order a hearing within 30
days.
(e) In determining whether to issue a firearms restraining
order under this Section, the court shall consider evidence
including, but not limited to, the following:
(1) The unlawful and reckless use, display, or
brandishing of a firearm, ammunition, and firearm parts
that could be assembled to make an operable firearm by the
respondent.
(2) The history of use, attempted use, or threatened
use of physical force by the respondent against another
person.
(3) Any prior arrest of the respondent for a felony
offense.
(4) Evidence of the abuse of controlled substances or
alcohol by the respondent.
(5) A recent threat of violence or act of violence by

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the respondent directed toward himself, herself, or
another.
(6) A violation of an emergency order of protection
issued under Section 217 of the Illinois Domestic Violence
Act of 1986 or Section 112A-17 of the Code of Criminal
Procedure of 1963 or of an order of protection issued
under Section 214 of the Illinois Domestic Violence Act of
1986 or Section 112A-14 of the Code of Criminal Procedure
of 1963.
(7) A pattern of violent acts or violent threats,
including, but not limited to, threats of violence or acts
of violence by the respondent directed toward himself,
herself, or another.
(f) At the hearing, the petitioner shall have the burden
of proving, by clear and convincing evidence, that the
respondent poses a significant danger of personal injury to
himself, herself, or another by having in his or her custody or
control, purchasing, possessing, or receiving a firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(g) If the court finds that there is clear and convincing
evidence to issue a plenary firearms restraining order, the
court shall issue a firearms restraining order that shall be
in effect for up to one year, but not less than 6 months,
subject to renewal under Section 45 of this Act or termination
under that Section.

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(g-5) If the court issues a plenary firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm, issue a
search warrant directing a law enforcement agency to seize the
respondent's firearms, ammunition, and firearm parts that
could be assembled to make an operable firearm. The court may,
as part of that warrant, direct the law enforcement agency to
search the respondent's residence and other places where the
court finds there is probable cause to believe he or she is
likely to possess the firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm. A return
of the search warrant shall be filed by the law enforcement
agency within 4 days thereafter, setting forth the time, date,
and location that the search warrant was executed and what
items, if any, were seized.
(h) A plenary firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms, ammunition, and firearm
parts that could be assembled to make an operable firearm
for the duration of the order under Section 8.2 of the
Firearm Owners Identification Card Act; and
(2) the respondent to comply with Section 9.5 of the
Firearm Owners Identification Card Act and subsection (g)
of Section 70 of the Firearm Concealed Carry Act.

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(i) Except as otherwise provided in subsection (i-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm or Firearm Owner's
Identification Card cannot be returned to the respondent
because the respondent cannot be located, fails to respond to
requests to retrieve the firearms, ammunition, and firearm
parts that could be assembled to make an operable firearm, or
is not lawfully eligible to possess a firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm, upon petition from the local law enforcement agency,
the court may order the local law enforcement agency to
destroy the firearms, ammunition, and firearm parts that could
be assembled to make an operable firearm, use the firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm for training purposes, or use the
firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm for any other
application as deemed appropriate by the local law enforcement
agency.
(i-5) A respondent whose firearms have been turned over to
a local law enforcement agency Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm,
ammunition, and firearm parts that could be assembled to make

SB2136 - 141 - LRB103 27172 RLC 53542 b
an operable firearm to a person who is lawfully able to possess
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm if the person does not
reside at the same address as the respondent. Notice of the
petition shall be served upon the person protected by the
emergency firearms restraining order. While the order is in
effect, the transferee who receives the respondent's firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm must swear or affirm by affidavit that he
or she shall not transfer the firearm, ammunition, and firearm
parts that could be assembled to make an operable firearm to
the respondent or to anyone residing in the same residence as
the respondent.
(i-6) If a person other than the respondent claims title
to any firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm surrendered under this
Section, he or she may petition the court, if the petitioner is
present in court or has notice of the petition, to have the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm returned to him or her. If the
court determines that person to be the lawful owner of the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm, the firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm shall be returned to him or her, provided that:
(1) the firearm, ammunition, and firearm parts that

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could be assembled to make an operable firearm are removed
from the respondent's custody, control, or possession and
the lawful owner agrees to store the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm in a manner such that the respondent does
not have access to or control of the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm; and
(2) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are not
otherwise unlawfully possessed by the owner.
The person petitioning for the return of his or her
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm must swear or affirm by affidavit
that he or she: (i) is the lawful owner of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm; (ii) shall not transfer the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to the respondent; and (iii) will store
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm in a manner that the
respondent does not have access to or control of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(j) If the court does not issue a firearms restraining
order at the hearing, the court shall dissolve any emergency

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firearms restraining order then in effect.
(k) When the court issues a firearms restraining order
under this Section, the court shall inform the respondent that
he or she is entitled to one hearing during the period of the
order to request a termination of the order, under Section 45
of this Act, and shall provide the respondent with a form to
request a hearing.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22; 102-1116, eff. 1-10-23.)
Section 67. The Firearm Dealer License Certification Act
is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
follows:
(430 ILCS 68/5-20)
Sec. 5-20. Additional licensee requirements.
(a) A certified licensee shall make a photo copy of a
buyer's or transferee's valid photo identification card
whenever a firearm sale transaction takes place. The photo
copy shall be attached to the documentation detailing the
record of sale.
(b) A certified licensee shall post in a conspicuous
position on the premises where the licensee conducts business
a sign that contains the following warning in block letters
not less than one inch in height:

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"With few exceptions enumerated in the Criminal Code
of 2012 Firearm Owners Identification Card Act, it is
unlawful for you to:
(A) store or leave an unsecured firearm in a place
where a child can obtain access to it; or
(B) sell or transfer your firearm to someone else
without receiving approval for the transfer from the
Illinois State Police, or
(B) (C) fail to report the loss or theft of your
firearm to local law enforcement within 72 hours.".
This sign shall be created by the Illinois State Police and
made available for printing or downloading from the Illinois
State Police's website.
(c) No retail location established after the effective
date of this Act shall be located within 500 feet of any
school, pre-school, or day care facility in existence at its
location before the retail location is established as measured
from the nearest corner of the building holding the retail
location to the corner of the school, pre-school, or day care
facility building nearest the retail location at the time the
retail location seeks licensure.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-25)
Sec. 5-25. Exemptions. The provisions of this Act related
to the certification of a license do not apply to a person or

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entity that engages in the following activities:
(1) temporary transfers of firearms solely for use at
the location or on the premises where the transfer takes
place, such as transfers at a shooting range for use at
that location;
(2) temporary transfers of firearms solely for use
while in the presence of the transferor or transfers for
the purposes of firearm safety training by a firearms
safety training instructor;
(3) transfers of firearms among immediate family or
household members, as "immediate family or household
member" is defined in Section 3-2.7-10 of the Unified Code
of Corrections, provided that both the transferor and
transferee are not prohibited from possessing a firearm
under federal or State law have a currently valid Firearm
Owner's Identification Card; however, this paragraph (3)
does not limit the familial gift exemption under paragraph
(2) of subsection (a-15) of Section 3 of the Firearm
Owners Identification Card Act;
(4) transfers by persons or entities acting under
operation of law or a court order;
(5) transfers by persons or entities liquidating all
or part of a collection. For purposes of this paragraph
(5), "collection" means 2 or more firearms which are of
special interest to collectors by reason of some quality
other than is associated with firearms intended for

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sporting use or as offensive or defensive weapons;
(6) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection;
(7) transfers by a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) (blank); transfers to a State or local law
enforcement agency by a person who has his or her Firearm
Owner's Identification Card revoked;
(9) transfers of curios and relics, as defined under
federal law, between collectors licensed under subsection
(b) of Section 923 of the federal Gun Control Act of 1968;
(10) transfers by a person or entity licensed as an
auctioneer under the Auction License Act;
(10.5) transfers of firearms to a resident registered
competitor or attendee or non-resident registered
competitor or attendee by a licensed federal firearms
dealer under Section 923 of the federal Gun Control Act of
1968 at a competitive shooting event held at the World
Shooting and Recreational Complex that is sanctioned by a
national governing body; or
(11) transfers between a pawnshop and a customer which
amount to a bailment. For purposes of this paragraph (11),
"bailment" means the act of placing property in the
custody and control of another, by agreement in which the

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holder is responsible for the safekeeping and return of
the property.
(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
(430 ILCS 68/5-40)
Sec. 5-40. Qualifications for operation.
(a) Each certified licensee shall submit with each
application for certification or renewal an affidavit to the
Illinois State Police stating that each owner, employee, or
other agent of the certified licensee who sells or conducts
transfers of firearms for the certified licensee is at least
21 years of age, has a currently valid Firearm Owner's
Identification Card and, for a renewal, has completed the
training required under Section 5-30. The affidavit must also
contain the name and Firearm Owner's Identification Card
number of each owner, employee, or other agent who sells or
conducts transfers of firearms for the certified licensee. If
an owner, employee, or other agent of the certified licensee
is not otherwise a resident of this State, the certified
licensee shall submit an affidavit stating that the owner,
employee, or other agent has undergone a background check and
is not prohibited from owning or possessing firearms.
(b) In addition to the affidavit required under subsection
(a), within 30 days of a new owner, employee, or other agent
beginning selling or conducting transfers of firearms for the
certified licensee, the certified licensee shall submit an

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affidavit to the Illinois State Police stating the date that
the new owner, employee, or other agent began selling or
conducting transfers of firearms for the certified licensee,
and providing the information required in subsection (a) for
that new owner, employee, or other agent.
(c) If a certified licensee has a license, certificate, or
permit to sell, lease, transfer, purchase, or possess firearms
issued by the federal government or the government of any
state revoked or suspended for good cause within the preceding
4 years, the Illinois State Police may consider revoking or
suspending the certified licenses in this State. In making a
determination of whether or not to revoke or suspend a
certified license in this State, the Illinois State Police
shall consider the number of retail locations the certified
licensee or any related person or entity operates in this
State or in other states under the same or different business
names, and the severity of the infraction in the state in which
a license was revoked or suspended.
(d) Applications and affidavits required under this
Section are not subject to disclosure by the Illinois State
Police under the Freedom of Information Act.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 68/5-85)
Sec. 5-85. Disciplinary sanctions.
(a) For violations of this Act not penalized under Section

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5-15, the Illinois State Police may refuse to renew or
restore, or may reprimand, place on probation, suspend,
revoke, or take other disciplinary or non-disciplinary action
against any licensee, and may impose a fine commensurate with
the severity of the violation not to exceed $10,000 for each
violation for any of the following, consistent with the
Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901
through 7903:
(1) Violations of this Act, or any law applicable to
the sale or transfer of firearms.
(2) A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act.
(3) Aiding or assisting another person in violating
any provision of this Act or rules adopted under this Act.
(4) Failing, within 60 days, to provide information in
response to a written request made by the Illinois State
Police.
(5) Conviction of, plea of guilty to, or plea of nolo
contendere to any crime that disqualifies the person from
obtaining a firearm valid Firearm Owner's Identification
Card.
(6) Continued practice, although the person has become
unfit to practice due to any of the following:
(A) Any circumstance that disqualifies the person
from obtaining a firearm valid Firearm Owner's

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Identification Card or concealed carry license.
(B) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or
any other substance that results in the inability to
practice with reasonable judgment, skill, or safety.
(7) Receiving, directly or indirectly, compensation
for any firearms sold or transferred illegally.
(8) Discipline by another United States jurisdiction,
foreign nation, or governmental agency, if at least one of
the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
(9) Violation of any disciplinary order imposed on a
licensee by the Illinois State Police.
(10) A finding by the Illinois State Police that the
licensee, after having his or her certified license placed
on probationary status, has violated the terms of
probation.
(11) A fraudulent or material misstatement in the
completion of an affirmative obligation or inquiry by law
enforcement.
(b) All fines imposed under this Section shall be paid
within 90 days after the effective date of the final order
imposing the fine.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 70. The Wildlife Code is amended by changing

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Sections 3.2 and 3.2a as follows:
(520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
Sec. 3.2. Hunting license; application; instruction.
Before the Department or any county, city, village, township,
incorporated town clerk or his duly designated agent or any
other person authorized or designated by the Department to
issue hunting licenses shall issue a hunting license to any
person, the person shall file his application with the
Department or other party authorized to issue licenses on a
form provided by the Department and further give definite
proof of identity and place of legal residence. Each clerk
designating agents to issue licenses and stamps shall furnish
the Department, within 10 days following the appointment, the
names and mailing addresses of the agents. Each clerk or his
duly designated agent shall be authorized to sell licenses and
stamps only within the territorial area for which he was
elected or appointed. No duly designated agent is authorized
to furnish licenses or stamps for issuance by any other
business establishment. Each application shall be executed and
sworn to and shall set forth the name and description of the
applicant and place of residence.
No hunting license shall be issued to any person born on or
after January 1, 1980 unless he presents the person authorized
to issue the license evidence that he has held a hunting
license issued by the State of Illinois or another state in a

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

SB2136 - 153 - LRB103 27172 RLC 53542 b
made for any course of instruction except for materials or
ammunition consumed. The Department of Natural Resources shall
furnish information on the requirements of hunter safety
education programs to be distributed free of charge to
applicants for hunting licenses by the persons appointed and
authorized to issue licenses. Funds for the conducting of
firearms and hunter safety courses shall be taken from the fee
charged for the Firearm Owners Identification Card.
The fee for a hunting license to hunt all species for a
resident of Illinois is $12. For residents age 65 or older,
and, commencing with the 2012 license year, resident veterans
of the United States Armed Forces after returning from service
abroad or mobilization by the President of the United States
as an active duty member of the United States Armed Forces, the
Illinois National Guard, or the Reserves of the United States
Armed Forces, the fee is one-half of the fee charged for a
hunting license to hunt all species for a resident of
Illinois. Veterans must provide to the Department acceptable
verification of their service. The Department shall establish
by administrative rule the procedure by which such
verification of service shall be made to the Department for
the purpose of issuing resident veterans hunting licenses at a
reduced fee. The fee for a hunting license to hunt all species
shall be $1 for residents over 75 years of age. Nonresidents
shall be charged $57 for a hunting license.
Nonresidents may be issued a nonresident hunting license

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

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Nothing in this Section shall be construed as to require
the purchase of more than one State Habitat Stamp by any person
in any one license year.
The fees for State Pheasant Stamps and State Furbearer
Stamps shall be waived for residents over 75 years of age.
The Department shall furnish the holders of hunting
licenses and stamps with an insignia as evidence of possession
of license, or license and stamp, as the Department may
consider advisable. The insignia shall be exhibited and used
as the Department may order.
All other hunting licenses and all State stamps shall
expire upon March 31 of each year.
Every person holding any license, permit, or stamp issued
under the provisions of this Act shall have it in his
possession for immediate presentation for inspection to the
officers and authorized employees of the Department, any
sheriff, deputy sheriff, or any other peace officer making a
demand for it. This provision shall not apply to Department
owned or managed sites where it is required that all hunters
deposit their license or , permit, or Firearm Owner's
Identification Card at the check station upon entering the
hunting areas.
For the purposes of this Section, "acceptable
verification" means official documentation from the Department
of Defense or the appropriate Major Command showing
mobilization dates or service abroad dates, including: (i) a

SB2136 - 156 - LRB103 27172 RLC 53542 b
DD-214, (ii) a letter from the Illinois Department of Military
Affairs for members of the Illinois National Guard, (iii) a
letter from the Regional Reserve Command for members of the
Armed Forces Reserve, (iv) a letter from the Major Command
covering Illinois for active duty members, (v) personnel
records for mobilized State employees, and (vi) any other
documentation that the Department, by administrative rule,
deems acceptable to establish dates of mobilization or service
abroad.
For the purposes of this Section, the term "service
abroad" means active duty service outside of the 50 United
States and the District of Columbia, and includes all active
duty service in territories and possessions of the United
States.
(Source: P.A. 101-81, eff. 7-12-19; 102-780, eff. 5-13-22.)
(520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
Sec. 3.2a. Every person holding any license, permit or
stamp issued under the provisions hereof shall have it in his
possession for immediate presentation for inspection to the
officers and authorized employees of the Department, any
sheriff, deputy sheriff or any other peace officer making a
demand for it. This provision shall not apply to Department
owned or managed sites where it is required that all hunters
deposit their license or , permit or Firearm Owner's
Identification Card at the check station upon entering the

SB2136 - 157 - LRB103 27172 RLC 53542 b
hunting areas.
(Source: P.A. 85-152.)
Section 75. The Criminal Code of 2012 is amended by
changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
24-1.1, 24-1.6, 24-1.8, 24-1.9, 24-1.10, 24-2, 24-3, 24-3.1,
24-3.2, 24-3.4, 24-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and
adding Section 24-4.5 as follows:
(720 ILCS 5/2-7.1)
Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
"Firearm "Firearm" and "firearm ammunition" means any
self-contained cartridge or shotgun shell, by whatever name
known, which is designed to be used or adaptable to use in a
firearm; excluding, however:
(1) any ammunition exclusively designed for use with a
device used exclusively for signaling or safety and required
or recommended by the United States Coast Guard or the
Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with a
stud or rivet driver or other similar industrial ammunition
have the meanings ascribed to them in Section 1.1 of the
Firearm Owners Identification Card Act.
(Source: P.A. 91-544, eff. 1-1-00.)
(720 ILCS 5/2-7.5)

SB2136 - 158 - LRB103 27172 RLC 53542 b
Sec. 2-7.5. "Firearm". Except as otherwise provided in a
specific Section, "firearm" means any device, by whatever name
known, which is designed to expel a projectile or projectiles
by the action of an explosion, expansion of gas or escape of
gas; excluding, however:
(1) any pneumatic gun, spring gun, paint ball gun, or B-B
gun which expels a single globular projectile not exceeding
.18 inch in diameter or which has a maximum muzzle velocity of
less than 700 feet per second;
(1.1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels breakable paint balls containing washable
marking colors;
(2) any device used exclusively for signaling or safety
and required or recommended by the United States Coast Guard
or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud
cartridges, explosive rivets, or similar industrial
ammunition; and
(4) an antique firearm (other than a machine-gun) which,
although designed as a weapon, the Illinois State Police finds
by reason of the date of its manufacture, value, design, and
other characteristics is primarily a collector's item and is
not likely to be used as a weapon has the meaning ascribed to
it in Section 1.1 of the Firearm Owners Identification Card
Act.
(Source: P.A. 95-331, eff. 8-21-07.)

SB2136 - 159 - LRB103 27172 RLC 53542 b
(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
Sec. 12-3.05. Aggravated battery.
(a) Offense based on injury. A person commits aggravated
battery when, in committing a battery, other than by the
discharge of a firearm, he or she knowingly does any of the
following:
(1) Causes great bodily harm or permanent disability
or disfigurement.
(2) Causes severe and permanent disability, great
bodily harm, or disfigurement by means of a caustic or
flammable substance, a poisonous gas, a deadly biological
or chemical contaminant or agent, a radioactive substance,
or a bomb or explosive compound.
(3) Causes great bodily harm or permanent disability
or disfigurement to an individual whom the person knows to
be a peace officer, community policing volunteer, fireman,
private security officer, correctional institution
employee, or Department of Human Services employee
supervising or controlling sexually dangerous persons or
sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.

SB2136 - 160 - LRB103 27172 RLC 53542 b
(4) Causes great bodily harm or permanent disability
or disfigurement to an individual 60 years of age or
older.
(5) Strangles another individual.
(b) Offense based on injury to a child or person with an
intellectual disability. A person who is at least 18 years of
age commits aggravated battery when, in committing a battery,
he or she knowingly and without legal justification by any
means:
(1) causes great bodily harm or permanent disability
or disfigurement to any child under the age of 13 years, or
to any person with a severe or profound intellectual
disability; or
(2) causes bodily harm or disability or disfigurement
to any child under the age of 13 years or to any person
with a severe or profound intellectual disability.
(c) Offense based on location of conduct. A person commits
aggravated battery when, in committing a battery, other than
by the discharge of a firearm, he or she is or the person
battered is on or about a public way, public property, a public
place of accommodation or amusement, a sports venue, or a
domestic violence shelter, or in a church, synagogue, mosque,
or other building, structure, or place used for religious
worship.
(d) Offense based on status of victim. A person commits
aggravated battery when, in committing a battery, other than

SB2136 - 161 - LRB103 27172 RLC 53542 b
by discharge of a firearm, he or she knows the individual
battered to be any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or has a physical
disability.
(3) A teacher or school employee upon school grounds
or grounds adjacent to a school or in any part of a
building used for school purposes.
(4) A peace officer, community policing volunteer,
fireman, private security officer, correctional
institution employee, or Department of Human Services
employee supervising or controlling sexually dangerous
persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(5) A judge, emergency management worker, emergency
medical services personnel, or utility worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(6) An officer or employee of the State of Illinois, a

SB2136 - 162 - LRB103 27172 RLC 53542 b
unit of local government, or a school district, while
performing his or her official duties.
(7) A transit employee performing his or her official
duties, or a transit passenger.
(8) A taxi driver on duty.
(9) A merchant who detains the person for an alleged
commission of retail theft under Section 16-26 of this
Code and the person without legal justification by any
means causes bodily harm to the merchant.
(10) A person authorized to serve process under
Section 2-202 of the Code of Civil Procedure or a special
process server appointed by the circuit court while that
individual is in the performance of his or her duties as a
process server.
(11) A nurse while in the performance of his or her
duties as a nurse.
(12) A merchant: (i) while performing his or her
duties, including, but not limited to, relaying directions
for healthcare or safety from his or her supervisor or
employer or relaying health or safety guidelines,
recommendations, regulations, or rules from a federal,
State, or local public health agency; and (ii) during a
disaster declared by the Governor, or a state of emergency
declared by the mayor of the municipality in which the
merchant is located, due to a public health emergency and
for a period of 6 months after such declaration.

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(e) Offense based on use of a firearm. A person commits
aggravated battery when, in committing a battery, he or she
knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to another person.
(2) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to a person he or she knows to be a peace officer,
community policing volunteer, person summoned by a police
officer, fireman, private security officer, correctional
institution employee, or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(3) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to a person he or she knows to be emergency medical
services personnel:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.

SB2136 - 164 - LRB103 27172 RLC 53542 b
(4) Discharges a firearm and causes any injury to a
person he or she knows to be a teacher, a student in a
school, or a school employee, and the teacher, student, or
employee is upon school grounds or grounds adjacent to a
school or in any part of a building used for school
purposes.
(5) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to another person.
(6) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be a peace officer, community policing
volunteer, person summoned by a police officer, fireman,
private security officer, correctional institution
employee or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(7) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be emergency medical services personnel:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his

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or her official duties.
(8) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be a teacher, or a student in a school, or a
school employee, and the teacher, student, or employee is
upon school grounds or grounds adjacent to a school or in
any part of a building used for school purposes.
(f) Offense based on use of a weapon or device. A person
commits aggravated battery when, in committing a battery, he
or she does any of the following:
(1) Uses a deadly weapon other than by discharge of a
firearm, or uses an air rifle as defined in Section
24.8-0.1 of this Code.
(2) Wears a hood, robe, or mask to conceal his or her
identity.
(3) Knowingly and without lawful justification shines
or flashes a laser gunsight or other laser device attached
to a firearm, or used in concert with a firearm, so that
the laser beam strikes upon or against the person of
another.
(4) Knowingly video or audio records the offense with
the intent to disseminate the recording.
(g) Offense based on certain conduct. A person commits
aggravated battery when, other than by discharge of a firearm,
he or she does any of the following:
(1) Violates Section 401 of the Illinois Controlled

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Substances Act by unlawfully delivering a controlled
substance to another and any user experiences great bodily
harm or permanent disability as a result of the injection,
inhalation, or ingestion of any amount of the controlled
substance.
(2) Knowingly administers to an individual or causes
him or her to take, without his or her consent or by threat
or deception, and for other than medical purposes, any
intoxicating, poisonous, stupefying, narcotic,
anesthetic, or controlled substance, or gives to another
person any food containing any substance or object
intended to cause physical injury if eaten.
(3) Knowingly causes or attempts to cause a
correctional institution employee or Department of Human
Services employee to come into contact with blood, seminal
fluid, urine, or feces by throwing, tossing, or expelling
the fluid or material, and the person is an inmate of a
penal institution or is a sexually dangerous person or
sexually violent person in the custody of the Department
of Human Services.
(h) Sentence. Unless otherwise provided, aggravated
battery is a Class 3 felony.
Aggravated battery as defined in subdivision (a)(4),
(d)(4), or (g)(3) is a Class 2 felony.
Aggravated battery as defined in subdivision (a)(3) or
(g)(1) is a Class 1 felony.

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Aggravated battery as defined in subdivision (a)(1) is a
Class 1 felony when the aggravated battery was intentional and
involved the infliction of torture, as defined in paragraph
(14) of subsection (b) of Section 9-1 of this Code, as the
infliction of or subjection to extreme physical pain,
motivated by an intent to increase or prolong the pain,
suffering, or agony of the victim.
Aggravated battery as defined in subdivision (a)(1) is a
Class 2 felony when the person causes great bodily harm or
permanent disability to an individual whom the person knows to
be a member of a congregation engaged in prayer or other
religious activities at a church, synagogue, mosque, or other
building, structure, or place used for religious worship.
Aggravated battery under subdivision (a)(5) is a Class 1
felony if:
(A) the person used or attempted to use a dangerous
instrument while committing the offense;
(B) the person caused great bodily harm or permanent
disability or disfigurement to the other person while
committing the offense; or
(C) the person has been previously convicted of a
violation of subdivision (a)(5) under the laws of this
State or laws similar to subdivision (a)(5) of any other
state.
Aggravated battery as defined in subdivision (e)(1) is a
Class X felony.

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Aggravated battery as defined in subdivision (a)(2) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 6 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(5) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 12 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(2),
(e)(3), or (e)(4) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 15 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (e)(6),
(e)(7), or (e)(8) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 20 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (b)(1) is a
Class X felony, except that:
(1) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;
(2) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be
added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm that proximately

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caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(i) Definitions. In this Section:
"Building or other structure used to provide shelter" has
the meaning ascribed to "shelter" in Section 1 of the Domestic
Violence Shelters Act.
"Domestic violence" has the meaning ascribed to it in
Section 103 of the Illinois Domestic Violence Act of 1986.
"Domestic violence shelter" means any building or other
structure used to provide shelter or other services to victims
or to the dependent children of victims of domestic violence
pursuant to the Illinois Domestic Violence Act of 1986 or the
Domestic Violence Shelters Act, or any place within 500 feet
of such a building or other structure in the case of a person
who is going to or from such a building or other structure.
"Firearm" has the meaning provided under Section 2-7.5 of
this Code 1.1 of the Firearm Owners Identification Card Act,
and does not include an air rifle as defined by Section
24.8-0.1 of this Code.
"Machine gun" has the meaning ascribed to it in Section
24-1 of this Code.
"Merchant" has the meaning ascribed to it in Section
16-0.1 of this Code.
"Strangle" means intentionally impeding the normal

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breathing or circulation of the blood of an individual by
applying pressure on the throat or neck of that individual or
by blocking the nose or mouth of that individual.
(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
(720 ILCS 5/16-0.1)
Sec. 16-0.1. Definitions. In this Article, unless the
context clearly requires otherwise, the following terms are
defined as indicated:
"Access" means to use, instruct, communicate with, store
data in, retrieve or intercept data from, or otherwise utilize
any services of a computer.
"Coin-operated machine" includes any automatic vending
machine or any part thereof, parking meter, coin telephone,
coin-operated transit turnstile, transit fare box, coin
laundry machine, coin dry cleaning machine, amusement machine,
music machine, vending machine dispensing goods or services,
or money changer.
"Communication device" means any type of instrument,
device, machine, or equipment which is capable of
transmitting, acquiring, decrypting, or receiving any
telephonic, electronic, data, Internet access, audio, video,
microwave, or radio transmissions, signals, communications, or
services, including the receipt, acquisition, transmission, or
decryption of all such communications, transmissions, signals,
or services provided by or through any cable television, fiber

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optic, telephone, satellite, microwave, radio, Internet-based,
data transmission, or wireless distribution network, system or
facility; or any part, accessory, or component thereof,
including any computer circuit, security module, smart card,
software, computer chip, electronic mechanism or other
component, accessory or part of any communication device which
is capable of facilitating the transmission, decryption,
acquisition or reception of all such communications,
transmissions, signals, or services.
"Communication service" means any service lawfully
provided for a charge or compensation to facilitate the lawful
origination, transmission, emission, or reception of signs,
signals, data, writings, images, and sounds or intelligence of
any nature by telephone, including cellular telephones or a
wire, wireless, radio, electromagnetic, photo-electronic or
photo-optical system; and also any service lawfully provided
by any radio, telephone, cable television, fiber optic,
satellite, microwave, Internet-based or wireless distribution
network, system, facility or technology, including, but not
limited to, any and all electronic, data, video, audio,
Internet access, telephonic, microwave and radio
communications, transmissions, signals and services, and any
such communications, transmissions, signals and services
lawfully provided directly or indirectly by or through any of
those networks, systems, facilities or technologies.
"Communication service provider" means: (1) any person or

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entity providing any communication service, whether directly
or indirectly, as a reseller, including, but not limited to, a
cellular, paging or other wireless communications company or
other person or entity which, for a fee, supplies the
facility, cell site, mobile telephone switching office or
other equipment or communication service; (2) any person or
entity owning or operating any cable television, fiber optic,
satellite, telephone, wireless, microwave, radio, data
transmission or Internet-based distribution network, system or
facility; and (3) any person or entity providing any
communication service directly or indirectly by or through any
such distribution system, network or facility.
"Computer" means a device that accepts, processes, stores,
retrieves or outputs data, and includes but is not limited to
auxiliary storage and telecommunications devices connected to
computers.
"Continuing course of conduct" means a series of acts, and
the accompanying mental state necessary for the crime in
question, irrespective of whether the series of acts are
continuous or intermittent.
"Delivery container" means any bakery basket of wire or
plastic used to transport or store bread or bakery products,
any dairy case of wire or plastic used to transport or store
dairy products, and any dolly or cart of 2 or 4 wheels used to
transport or store any bakery or dairy product.
"Document-making implement" means any implement,

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impression, template, computer file, computer disc, electronic
device, computer hardware, computer software, instrument, or
device that is used to make a real or fictitious or fraudulent
personal identification document.
"Financial transaction device" means any of the following:
(1) An electronic funds transfer card.
(2) A credit card.
(3) A debit card.
(4) A point-of-sale card.
(5) Any instrument, device, card, plate, code, account
number, personal identification number, or a record or
copy of a code, account number, or personal identification
number or other means of access to a credit account or
deposit account, or a driver's license or State
identification card used to access a proprietary account,
other than access originated solely by a paper instrument,
that can be used alone or in conjunction with another
access device, for any of the following purposes:
(A) Obtaining money, cash refund or credit
account, credit, goods, services, or any other thing
of value.
(B) Certifying or guaranteeing to a person or
business the availability to the device holder of
funds on deposit to honor a draft or check payable to
the order of that person or business.
(C) Providing the device holder access to a

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deposit account for the purpose of making deposits,
withdrawing funds, transferring funds between deposit
accounts, obtaining information pertaining to a
deposit account, or making an electronic funds
transfer.
"Full retail value" means the merchant's stated or
advertised price of the merchandise. "Full retail value"
includes the aggregate value of property obtained from retail
thefts committed by the same person as part of a continuing
course of conduct from one or more mercantile establishments
in a single transaction or in separate transactions over a
period of one year.
"Internet" means an interactive computer service or system
or an information service, system, or access software provider
that provides or enables computer access by multiple users to
a computer server, and includes, but is not limited to, an
information service, system, or access software provider that
provides access to a network system commonly known as the
Internet, or any comparable system or service and also
includes, but is not limited to, a World Wide Web page,
newsgroup, message board, mailing list, or chat area on any
interactive computer service or system or other online
service.
"Library card" means a card or plate issued by a library
facility for purposes of identifying the person to whom the
library card was issued as authorized to borrow library

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material, subject to all limitations and conditions imposed on
the borrowing by the library facility issuing such card.
"Library facility" includes any public library or museum,
or any library or museum of an educational, historical or
eleemosynary institution, organization or society.
"Library material" includes any book, plate, picture,
photograph, engraving, painting, sculpture, statue, artifact,
drawing, map, newspaper, pamphlet, broadside, magazine,
manuscript, document, letter, microfilm, sound recording,
audiovisual material, magnetic or other tape, electronic data
processing record or other documentary, written or printed
material regardless of physical form or characteristics, or
any part thereof, belonging to, or on loan to or otherwise in
the custody of a library facility.
"Manufacture or assembly of an unlawful access device"
means to make, produce or assemble an unlawful access device
or to modify, alter, program or re-program any instrument,
device, machine, equipment or software so that it is capable
of defeating or circumventing any technology, device or
software used by the provider, owner or licensee of a
communication service or of any data, audio or video programs
or transmissions to protect any such communication, data,
audio or video services, programs or transmissions from
unauthorized access, acquisition, disclosure, receipt,
decryption, communication, transmission or re-transmission.
"Manufacture or assembly of an unlawful communication

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device" means to make, produce or assemble an unlawful
communication or wireless device or to modify, alter, program
or reprogram a communication or wireless device to be capable
of acquiring, disrupting, receiving, transmitting, decrypting,
or facilitating the acquisition, disruption, receipt,
transmission or decryption of, a communication service without
the express consent or express authorization of the
communication service provider, or to knowingly assist others
in those activities.
"Master sound recording" means the original physical
object on which a given set of sounds were first recorded and
which the original object from which all subsequent sound
recordings embodying the same set of sounds are directly or
indirectly derived.
"Merchandise" means any item of tangible personal
property, including motor fuel.
"Merchant" means an owner or operator of any retail
mercantile establishment or any agent, employee, lessee,
consignee, officer, director, franchisee, or independent
contractor of the owner or operator. "Merchant" also means a
person who receives from an authorized user of a payment card,
or someone the person believes to be an authorized user, a
payment card or information from a payment card, or what the
person believes to be a payment card or information from a
payment card, as the instrument for obtaining, purchasing or
receiving goods, services, money, or anything else of value

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from the person.
"Motor fuel" means a liquid, regardless of its properties,
used to propel a vehicle, including gasoline and diesel.
"Online" means the use of any electronic or wireless
device to access the Internet.
"Payment card" means a credit card, charge card, debit
card, or any other card that is issued to an authorized card
user and that allows the user to obtain, purchase, or receive
goods, services, money, or anything else of value from a
merchant.
"Person with a disability" means a person who suffers from
a physical or mental impairment resulting from disease,
injury, functional disorder or congenital condition that
impairs the individual's mental or physical ability to
independently manage his or her property or financial
resources, or both.
"Personal identification document" means a birth
certificate, a driver's license, a State identification card,
a public, government, or private employment identification
card, a social security card, a license issued under the
Firearm Concealed Carry Act firearm owner's identification
card, a credit card, a debit card, or a passport issued to or
on behalf of a person other than the offender, or any document
made or issued, or falsely purported to have been made or
issued, by or under the authority of the United States
Government, the State of Illinois, or any other state

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political subdivision of any state, or any other governmental
or quasi-governmental organization that is of a type intended
for the purpose of identification of an individual, or any
such document made or altered in a manner that it falsely
purports to have been made on behalf of or issued to another
person or by the authority of one who did not give that
authority.
"Personal identifying information" means any of the
following information:
(1) A person's name.
(2) A person's address.
(3) A person's date of birth.
(4) A person's telephone number.
(5) A person's driver's license number or State of
Illinois identification card as assigned by the Secretary
of State of the State of Illinois or a similar agency of
another state.
(6) A person's social security number.
(7) A person's public, private, or government
employer, place of employment, or employment
identification number.
(8) The maiden name of a person's mother.
(9) The number assigned to a person's depository
account, savings account, or brokerage account.
(10) The number assigned to a person's credit or debit
card, commonly known as a "Visa Card", "MasterCard",

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"American Express Card", "Discover Card", or other similar
cards whether issued by a financial institution,
corporation, or business entity.
(11) Personal identification numbers.
(12) Electronic identification numbers.
(13) Digital signals.
(14) User names, passwords, and any other word,
number, character or combination of the same usable in
whole or part to access information relating to a specific
individual, or to the actions taken, communications made
or received, or other activities or transactions of a
specific individual.
(15) Any other numbers or information which can be
used to access a person's financial resources, or to
identify a specific individual, or the actions taken,
communications made or received, or other activities or
transactions of a specific individual.
"Premises of a retail mercantile establishment" includes,
but is not limited to, the retail mercantile establishment;
any common use areas in shopping centers; and all parking
areas set aside by a merchant or on behalf of a merchant for
the parking of vehicles for the convenience of the patrons of
such retail mercantile establishment.
"Public water, gas, or power supply, or other public
services" mean any service subject to regulation by the
Illinois Commerce Commission; any service furnished by a

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public utility that is owned and operated by any political
subdivision, public institution of higher education or
municipal corporation of this State; any service furnished by
any public utility that is owned by such political
subdivision, public institution of higher education, or
municipal corporation and operated by any of its lessees or
operating agents; any service furnished by an electric
cooperative as defined in Section 3.4 of the Electric Supplier
Act; or wireless service or other service regulated by the
Federal Communications Commission.
"Publish" means to communicate or disseminate information
to any one or more persons, either orally, in person, or by
telephone, radio or television or in writing of any kind,
including, without limitation, a letter or memorandum,
circular or handbill, newspaper or magazine article or book.
"Radio frequency identification device" means any
implement, computer file, computer disc, electronic device,
computer hardware, computer software, or instrument that is
used to activate, read, receive, or decode information stored
on a RFID tag or transponder attached to a personal
identification document.
"RFID tag or transponder" means a chip or device that
contains personal identifying information from which the
personal identifying information can be read or decoded by
another device emitting a radio frequency that activates or
powers a radio frequency emission response from the chip or

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transponder.
"Reencoder" means an electronic device that places encoded
information from the magnetic strip or stripe of a payment
card onto the magnetic strip or stripe of a different payment
card.
"Retail mercantile establishment" means any place where
merchandise is displayed, held, stored or offered for sale to
the public.
"Scanning device" means a scanner, reader, or any other
electronic device that is used to access, read, scan, obtain,
memorize, or store, temporarily or permanently, information
encoded on the magnetic strip or stripe of a payment card.
"Shopping cart" means those push carts of the type or
types which are commonly provided by grocery stores, drug
stores or other retail mercantile establishments for the use
of the public in transporting commodities in stores and
markets and, incidentally, from the stores to a place outside
the store.
"Sound or audio visual recording" means any sound or audio
visual phonograph record, disc, pre-recorded tape, film, wire,
magnetic tape or other object, device or medium, now known or
hereafter invented, by which sounds or images may be
reproduced with or without the use of any additional machine,
equipment or device.
"Stored value card" means any card, gift card, instrument,
or device issued with or without fee for the use of the

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cardholder to obtain money, goods, services, or anything else
of value. Stored value cards include, but are not limited to,
cards issued for use as a stored value card or gift card, and
an account identification number or symbol used to identify a
stored value card. "Stored value card" does not include a
prepaid card usable at multiple, unaffiliated merchants or at
automated teller machines, or both. "Stored value card" shall
only apply to Section 16-25.1 of this Act.
"Theft detection device remover" means any tool or device
specifically designed and intended to be used to remove any
theft detection device from any merchandise.
"Under-ring" means to cause the cash register or other
sales recording device to reflect less than the full retail
value of the merchandise.
"Unidentified sound or audio visual recording" means a
sound or audio visual recording without the actual name and
full and correct street address of the manufacturer, and the
name of the actual performers or groups prominently and
legibly printed on the outside cover or jacket and on the label
of such sound or audio visual recording.
"Unlawful access device" means any type of instrument,
device, machine, equipment, technology, or software which is
primarily possessed, used, designed, assembled, manufactured,
sold, distributed or offered, promoted or advertised for the
purpose of defeating or circumventing any technology, device
or software, or any component or part thereof, used by the

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

SB2136 - 184 - LRB103 27172 RLC 53542 b
communication service provider; and
(2) any communication or wireless device which is
capable of, or has been altered, designed, modified,
programmed or reprogrammed, alone or in conjunction with
another communication or wireless device or devices, so as
to be capable of, facilitating the disruption,
acquisition, receipt, transmission or decryption of a
communication service without the express consent or
express authorization of the communication service
provider, including, but not limited to, any device,
technology, product, service, equipment, computer software
or component or part thereof, primarily distributed, sold,
designed, assembled, manufactured, modified, programmed,
reprogrammed or used for the purpose of providing the
unauthorized receipt of, transmission of, disruption of,
decryption of, access to or acquisition of any
communication service provided by any communication
service provider.
"Vehicle" means a motor vehicle, motorcycle, or farm
implement that is self-propelled and that uses motor fuel for
propulsion.
"Wireless device" includes any type of instrument, device,
machine, or equipment that is capable of transmitting or
receiving telephonic, electronic or radio communications, or
any part of such instrument, device, machine, or equipment, or
any computer circuit, computer chip, electronic mechanism, or

SB2136 - 185 - LRB103 27172 RLC 53542 b
other component that is capable of facilitating the
transmission or reception of telephonic, electronic, or radio
communications.
(Source: P.A. 102-757, eff. 5-13-22.)
(720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
Sec. 17-30. Defaced, altered, or removed manufacturer or
owner identification number.
(a) Unlawful sale of household appliances. A person
commits unlawful sale of household appliances when he or she
knowingly, with the intent to defraud or deceive another,
keeps for sale, within any commercial context, any household
appliance with a missing, defaced, obliterated, or otherwise
altered manufacturer's identification number.
(b) Construction equipment identification defacement. A
person commits construction equipment identification
defacement when he or she knowingly changes, alters, removes,
mutilates, or obliterates a permanently affixed serial number,
product identification number, part number, component
identification number, owner-applied identification, or other
mark of identification attached to or stamped, inscribed,
molded, or etched into a machine or other equipment, whether
stationary or mobile or self-propelled, or a part of such
machine or equipment, used in the construction, maintenance,
or demolition of buildings, structures, bridges, tunnels,
sewers, utility pipes or lines, ditches or open cuts, roads,

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highways, dams, airports, or waterways or in material handling
for such projects.
The trier of fact may infer that the defendant has
knowingly changed, altered, removed, or obliterated the serial
number, product identification number, part number, component
identification number, owner-applied identification number, or
other mark of identification, if the defendant was in
possession of any machine or other equipment or a part of such
machine or equipment used in the construction, maintenance, or
demolition of buildings, structures, bridges, tunnels, sewers,
utility pipes or lines, ditches or open cuts, roads, highways,
dams, airports, or waterways or in material handling for such
projects upon which any such serial number, product
identification number, part number, component identification
number, owner-applied identification number, or other mark of
identification has been changed, altered, removed, or
obliterated.
(c) Defacement of manufacturer's serial number or
identification mark. A person commits defacement of a
manufacturer's serial number or identification mark when he or
she knowingly removes, alters, defaces, covers, or destroys
the manufacturer's serial number or any other manufacturer's
number or distinguishing identification mark upon any machine
or other article of merchandise, other than a motor vehicle as
defined in Section 1-146 of the Illinois Vehicle Code or a
firearm as defined in the Firearm Owners Identification Card

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

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

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

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Firearm Owner's Identification Card; or
(iv) are carried or possessed in accordance with
the Firearm Concealed Carry Act by a person who has
been issued a currently valid license under the
Firearm Concealed Carry Act; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind
designed, used or intended for use in silencing the report
of any firearm; or
(7) Sells, manufactures, purchases, possesses or
carries:
(i) a machine gun, which shall be defined for the
purposes of this subsection as any weapon, which
shoots, is designed to shoot, or can be readily
restored to shoot, automatically more than one shot
without manually reloading by a single function of the
trigger, including the frame or receiver of any such
weapon, or sells, manufactures, purchases, possesses,
or carries any combination of parts designed or
intended for use in converting any weapon into a
machine gun, or any combination or parts from which a
machine gun can be assembled if such parts are in the
possession or under the control of a person;
(ii) any rifle having one or more barrels less
than 16 inches in length or a shotgun having one or
more barrels less than 18 inches in length or any

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

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

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charging units, such as, batteries, and which fires one or
several barbs attached to a length of wire and which, upon
hitting a human, can send out a current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning or (ii) any
device which is powered by electrical charging units, such
as batteries, and which, upon contact with a human or
clothing worn by a human, can send out current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning; or
(11) Sells, manufactures, delivers, imports,
possesses, or purchases any assault weapon attachment or
.50 caliber cartridge in violation of Section 24-1.9 or
any explosive bullet. For purposes of this paragraph (a)
"explosive bullet" means the projectile portion of an
ammunition cartridge which contains or carries an
explosive charge which will explode upon contact with the
flesh of a human or an animal. "Cartridge" means a tubular
metal case having a projectile affixed at the front
thereof and a cap or primer at the rear end thereof, with
the propellant contained in such tube between the
projectile and the cap; or
(12) (Blank); or
(13) Carries or possesses on or about his or her
person while in a building occupied by a unit of
government, a billy club, other weapon of like character,

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or other instrument of like character intended for use as
a weapon. For the purposes of this Section, "billy club"
means a short stick or club commonly carried by police
officers which is either telescopic or constructed of a
solid piece of wood or other man-made material; or
(14) Manufactures, possesses, sells, or offers to
sell, purchase, manufacture, import, transfer, or use any
device, part, kit, tool, accessory, or combination of
parts that is designed to and functions to increase the
rate of fire of a semiautomatic firearm above the standard
rate of fire for semiautomatic firearms that is not
equipped with that device, part, or combination of parts;
or
(15) Carries or possesses any assault weapon or .50
caliber rifle in violation of Section 24-1.9; or
(16) Manufactures, sells, delivers, imports, or
purchases any assault weapon or .50 caliber rifle in
violation of Section 24-1.9.
(b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)
commits a Class A misdemeanor. A person convicted of a
violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a person convicted of a violation of
subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
24-1(a)(16) commits a Class 3 felony. A person convicted of a

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violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
and shall be sentenced to a term of imprisonment of not less
than 3 years and not more than 7 years, unless the weapon is
possessed in the passenger compartment of a motor vehicle as
defined in Section 1-146 of the Illinois Vehicle Code, or on
the person, while the weapon is loaded, in which case it shall
be a Class X felony. A person convicted of a second or
subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3
felony. A person convicted of a violation of subsection
24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
possession of each weapon or device in violation of this
Section constitutes a single and separate violation.
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or
24-1(a)(7) in any school, regardless of the time of day or
the time of year, in residential property owned, operated
or managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on the
real property comprising any school, regardless of the
time of day or the time of year, on residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, on the real property
comprising any public park, on the real property

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

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

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feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 4 felony. "Courthouse" means any building
that is used by the Circuit, Appellate, or Supreme Court
of this State for the conduct of official business.
(3) Paragraphs (1), (1.5), and (2) of this subsection
(c) shall not apply to law enforcement officers or
security officers of such school, college, or university
or to students carrying or possessing firearms for use in
training courses, parades, hunting, target shooting on
school ranges, or otherwise with the consent of school
authorities and which firearms are transported unloaded
enclosed in a suitable case, box, or transportation
package.
(4) For the purposes of this subsection (c), "school"
means any public or private elementary or secondary
school, community college, college, or university.
(5) For the purposes of this subsection (c), "public
transportation agency" means a public or private agency
that provides for the transportation or conveyance of
persons by means available to the general public, except
for transportation by automobiles not used for conveyance
of the general public as passengers; and "public

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transportation facility" means a terminal or other place
where one may obtain public transportation.
(d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found
upon the person of one of the occupants therein; or (ii) if
such weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his or her trade, then such presumption
shall not apply to the driver.
(e) Exemptions.
(1) Crossbows, Common or Compound bows and Underwater
Spearguns are exempted from the definition of ballistic
knife as defined in paragraph (1) of subsection (a) of
this Section.
(2) The provision of paragraph (1) of subsection (a)
of this Section prohibiting the sale, manufacture,
purchase, possession, or carrying of any knife, commonly
referred to as a switchblade knife, which has a blade that
opens automatically by hand pressure applied to a button,
spring or other device in the handle of the knife, does not
apply to a person eligible under State and federal law to

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possess a firearm who possesses a currently valid Firearm
Owner's Identification Card previously issued in his or
her name by the Illinois State Police or to a person or an
entity engaged in the business of selling or manufacturing
switchblade knives.
(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
102-1116, eff. 1-10-23.)
(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
Sec. 24-1.1. Unlawful use or possession of weapons by
felons or persons in the custody of the Department of
Corrections facilities.
(a) It is unlawful for a person to knowingly possess on or
about his person or on his land or in his own abode or fixed
place of business any weapon prohibited under Section 24-1 of
this Act or any firearm or any firearm ammunition if the person
has been convicted of a felony under the laws of this State or
any other jurisdiction. This Section shall not apply if the
person has been granted relief under this subsection by the
Director of the Illinois State Police under Section 10 of the
Firearm Owners Identification Card Act. A person prohibited
from possessing a firearm under this subsection (a) may
petition the Director of the Illinois State Police for a
hearing and relief from the prohibition, unless the
prohibition was based upon a forcible felony, stalking,
aggravated stalking, domestic battery, any violation of the

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Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or the Cannabis Control
Act that is classified as a Class 2 or greater felony, any
felony violation of Article 24 of the Criminal Code of 1961 or
the Criminal Code of 2012, or any adjudication as a delinquent
minor for the commission of an offense that if committed by an
adult would be a felony, in which case the person may petition
the circuit court in writing in the county of his or her
residence for a hearing and relief from the prohibition. The
Director or court may grant the relief if it is established by
the petitioner to the court's or Director's satisfaction that:
(1) when in the circuit court, the State's Attorney
has been served with a written copy of the petition at
least 30 days before any hearing in the circuit court and
at the hearing the State's Attorney was afforded an
opportunity to present evidence and object to the
petition;
(2) the petitioner has not been convicted of a
forcible felony under the laws of this State or any other
jurisdiction within 20 years of the filing of the
petition, or at least 20 years have passed since the end of
any period of imprisonment imposed in relation to that
conviction;
(3) the circumstances regarding a criminal conviction,
where applicable, the petitioner's criminal history and
his or her reputation are such that the petitioner will

SB2136 - 202 - LRB103 27172 RLC 53542 b
not be likely to act in a manner dangerous to public
safety;
(4) granting relief would not be contrary to the
public interest; and
(5) granting relief would not be contrary to federal
law.
(b) It is unlawful for any person confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, to possess any weapon prohibited under Section
24-1 of this Code or any firearm or firearm ammunition,
regardless of the intent with which he possesses it.
(c) It shall be an affirmative defense to a violation of
subsection (b), that such possession was specifically
authorized by rule, regulation, or directive of the Illinois
Department of Corrections or order issued pursuant thereto.
(d) The defense of necessity is not available to a person
who is charged with a violation of subsection (b) of this
Section.
(e) Sentence. Violation of this Section by a person not
confined in a penal institution shall be a Class 3 felony for
which the person shall be sentenced to no less than 2 years and
no more than 10 years. A second or subsequent violation of this
Section shall be a Class 2 felony for which the person shall be
sentenced to a term of imprisonment of not less than 3 years
and not more than 14 years, except as provided for in Section
5-4.5-110 of the Unified Code of Corrections. Violation of

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this Section by a person not confined in a penal institution
who has been convicted of a forcible felony, a felony
violation of Article 24 of this Code or of the Firearm Owners
Identification Card Act, stalking or aggravated stalking, or a
Class 2 or greater felony under the Illinois Controlled
Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act is a
Class 2 felony for which the person shall be sentenced to not
less than 3 years and not more than 14 years, except as
provided for in Section 5-4.5-110 of the Unified Code of
Corrections. Violation of this Section by a person who is on
parole or mandatory supervised release is a Class 2 felony for
which the person shall be sentenced to not less than 3 years
and not more than 14 years, except as provided for in Section
5-4.5-110 of the Unified Code of Corrections. Violation of
this Section by a person not confined in a penal institution is
a Class X felony when the firearm possessed is a machine gun.
Any person who violates this Section while confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, is guilty of a Class 1 felony, if he possesses any
weapon prohibited under Section 24-1 of this Code regardless
of the intent with which he possesses it, a Class X felony if
he possesses any firearm, firearm ammunition or explosive, and
a Class X felony for which the offender shall be sentenced to
not less than 12 years and not more than 50 years when the
firearm possessed is a machine gun. A violation of this

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Section while wearing or in possession of body armor as
defined in Section 33F-1 is a Class X felony punishable by a
term of imprisonment of not less than 10 years and not more
than 40 years. The possession of each firearm or firearm
ammunition in violation of this Section constitutes a single
and separate violation.
(Source: P.A. 102-538, eff. 8-20-21.)
(720 ILCS 5/24-1.6)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful
use of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except
when on his or her land or in his or her abode, legal
dwelling, or fixed place of business, or on the land or in
the legal dwelling of another person as an invitee with
that person's permission, any pistol, revolver, stun gun
or taser or other firearm; or
(2) Carries or possesses on or about his or her
person, upon any public street, alley, or other public
lands within the corporate limits of a city, village or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of such weapon or
the lawful commerce in weapons, or except when on his or
her own land or in his or her own abode, legal dwelling, or

SB2136 - 205 - LRB103 27172 RLC 53542 b
fixed place of business, or on the land or in the legal
dwelling of another person as an invitee with that
person's permission, any pistol, revolver, stun gun or
taser or other firearm; and
(3) One of the following factors is present:
(A) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, loaded, and
immediately accessible at the time of the offense; or
(A-5) the pistol, revolver, or handgun possessed
was uncased, loaded, and immediately accessible at the
time of the offense and the person possessing the
pistol, revolver, or handgun has not been issued a
currently valid license under the Firearm Concealed
Carry Act; or
(B) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, unloaded, and the
ammunition for the weapon was immediately accessible
at the time of the offense; or
(B-5) the pistol, revolver, or handgun possessed
was uncased, unloaded, and the ammunition for the
weapon was immediately accessible at the time of the
offense and the person possessing the pistol,
revolver, or handgun has not been issued a currently
valid license under the Firearm Concealed Carry Act;
or
(C) (blank); or the person possessing the firearm

SB2136 - 206 - LRB103 27172 RLC 53542 b
has not been issued a currently valid Firearm Owner's
Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if committed
by an adult would be a felony; or
(E) the person possessing the weapon was engaged
in a misdemeanor violation of the Cannabis Control
Act, in a misdemeanor violation of the Illinois
Controlled Substances Act, or in a misdemeanor
violation of the Methamphetamine Control and Community
Protection Act; or
(F) (blank); or
(G) the person possessing the weapon had an order
of protection issued against him or her within the
previous 2 years; or
(H) the person possessing the weapon was engaged
in the commission or attempted commission of a
misdemeanor involving the use or threat of violence
against the person or property of another; or
(I) the person possessing the weapon was under 21
years of age and in possession of a handgun, unless the
person under 21 is engaged in lawful activities under
the Wildlife Code or described in subsection
24-2(b)(1), (b)(3), or 24-2(f).
(a-5) "Handgun" as used in this Section has the meaning

SB2136 - 207 - LRB103 27172 RLC 53542 b
given to it in Section 5 of the Firearm Concealed Carry Act.
(b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the
transportation or possession of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a person
is eligible under State and federal law to possess a
firearm who has been issued a currently valid Firearm
Owner's Identification Card.
(d) Sentence.
(1) Aggravated unlawful use of a weapon is a Class 4
felony; a second or subsequent offense is a Class 2 felony
for which the person shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years, except as provided for in Section 5-4.5-110 of the
Unified Code of Corrections.
(2) (Blank). Except as otherwise provided in
paragraphs (3) and (4) of this subsection (d), a first
offense of aggravated unlawful use of a weapon committed
with a firearm by a person 18 years of age or older where
the factors listed in both items (A) and (C) or both items
(A-5) and (C) of paragraph (3) of subsection (a) are
present is a Class 4 felony, for which the person shall be

SB2136 - 208 - LRB103 27172 RLC 53542 b
sentenced to a term of imprisonment of not less than one
year and not more than 3 years.
(3) Aggravated unlawful use of a weapon by a person
who has been previously convicted of a felony in this
State or another jurisdiction is a Class 2 felony for
which the person shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years, except as provided for in Section 5-4.5-110 of the
Unified Code of Corrections.
(4) Aggravated unlawful use of a weapon while wearing
or in possession of body armor as defined in Section 33F-1
by a person who is prohibited under State or federal law
from possessing a firearm has not been issued a valid
Firearms Owner's Identification Card in accordance with
Section 5 of the Firearm Owners Identification Card Act is
a Class X felony.
(e) The possession of each firearm in violation of this
Section constitutes a single and separate violation.
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
(720 ILCS 5/24-1.8)
Sec. 24-1.8. Unlawful possession of a firearm by a street
gang member.
(a) A person commits unlawful possession of a firearm by a
street gang member when he or she knowingly:
(1) possesses, carries, or conceals on or about his or

SB2136 - 209 - LRB103 27172 RLC 53542 b
her person a firearm and firearm ammunition while on any
street, road, alley, gangway, sidewalk, or any other
lands, except when inside his or her own abode or inside
his or her fixed place of business, and has not been issued
a currently valid Firearm Owner's Identification Card and
is a member of a street gang; or
(2) possesses or carries in any vehicle a firearm and
firearm ammunition which are both immediately accessible
at the time of the offense while on any street, road,
alley, or any other lands, except when inside his or her
own abode or garage, and has not been issued a currently
valid Firearm Owner's Identification Card and is a member
of a street gang.
(b) Unlawful possession of a firearm by a street gang
member is a Class 2 felony for which the person, if sentenced
to a term of imprisonment, shall be sentenced to no less than 3
years and no more than 10 years. A period of probation, a term
of periodic imprisonment or conditional discharge shall not be
imposed for the offense of unlawful possession of a firearm by
a street gang member when the firearm was loaded or contained
firearm ammunition and the court shall sentence the offender
to not less than the minimum term of imprisonment authorized
for the Class 2 felony.
(c) For purposes of this Section:
"Street gang" or "gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus

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Prevention Act.
"Street gang member" or "gang member" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(Source: P.A. 96-829, eff. 12-3-09.)
(720 ILCS 5/24-1.9)
Sec. 24-1.9. Manufacture, possession, delivery, sale, and
purchase of assault weapons, .50 caliber rifles, and .50
caliber cartridges.
(a) Definitions. In this Section:
(1) "Assault weapon" means any of the following, except as
provided in subdivision (2) of this subsection:
(A) A semiautomatic rifle that has the capacity to
accept a detachable magazine or that may be readily
modified to accept a detachable magazine, if the firearm
has one or more of the following:
(i) a pistol grip or thumbhole stock;
(ii) any feature capable of functioning as a
protruding grip that can be held by the non-trigger
hand;
(iii) a folding, telescoping, thumbhole, or
detachable stock, or a stock that is otherwise
foldable or adjustable in a manner that operates to
reduce the length, size, or any other dimension, or
otherwise enhances the concealability of, the weapon;

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(iv) a flash suppressor;
(v) a grenade launcher;
(vi) a shroud attached to the barrel or that
partially or completely encircles the barrel, allowing
the bearer to hold the firearm with the non-trigger
hand without being burned, but excluding a slide that
encloses the barrel.
(B) A semiautomatic rifle that has a fixed magazine
with the capacity to accept more than 10 rounds, except
for an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire
ammunition.
(C) A semiautomatic pistol that has the capacity to
accept a detachable magazine or that may be readily
modified to accept a detachable magazine, if the firearm
has one or more of the following:
(i) a threaded barrel;
(ii) a second pistol grip or another feature
capable of functioning as a protruding grip that can
be held by the non-trigger hand;
(iii) a shroud attached to the barrel or that
partially or completely encircles the barrel, allowing
the bearer to hold the firearm with the non-trigger
hand without being burned, but excluding a slide that
encloses the barrel;
(iv) a flash suppressor;

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(v) the capacity to accept a detachable magazine
at some location outside of the pistol grip; or
(vi) a buffer tube, arm brace, or other part that
protrudes horizontally behind the pistol grip and is
designed or redesigned to allow or facilitate a
firearm to be fired from the shoulder.
(D) A semiautomatic pistol that has a fixed magazine
with the capacity to accept more than 15 rounds.
(E) Any shotgun with a revolving cylinder.
(F) A semiautomatic shotgun that has one or more of
the following:
(i) a pistol grip or thumbhole stock;
(ii) any feature capable of functioning as a
protruding grip that can be held by the non-trigger
hand;
(iii) a folding or thumbhole stock;
(iv) a grenade launcher;
(v) a fixed magazine with the capacity of more
than 5 rounds; or
(vi) the capacity to accept a detachable magazine.
(G) Any semiautomatic firearm that has the capacity to
accept a belt ammunition feeding device.
(H) Any firearm that has been modified to be operable
as an assault weapon as defined in this Section.
(I) Any part or combination of parts designed or
intended to convert a firearm into an assault weapon,

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including any combination of parts from which an assault
weapon may be readily assembled if those parts are in the
possession or under the control of the same person.
(J) All of the following rifles, copies, duplicates,
variants, or altered facsimiles with the capability of any
such weapon:
(i) All AK types, including the following:
(I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,
MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
AK-47, VEPR, WASR-10, and WUM.
(II) IZHMASH Saiga AK.
(III) MAADI AK47 and ARM.
(IV) Norinco 56S, 56S2, 84S, and 86S.
(V) Poly Technologies AK47 and AKS.
(VI) SKS with a detachable magazine.
(ii) all AR types, including the following:
(I) AR-10.
(II) AR-15.
(III) Alexander Arms Overmatch Plus 16.
(IV) Armalite M15 22LR Carbine.
(V) Armalite M15-T.
(VI) Barrett REC7.
(VII) Beretta AR-70.
(VIII) Black Rain Ordnance Recon Scout.
(IX) Bushmaster ACR.
(X) Bushmaster Carbon 15.

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(XI) Bushmaster MOE series.
(XII) Bushmaster XM15.
(XIII) Chiappa Firearms MFour rifles.
(XIV) Colt Match Target rifles.
(XV) CORE Rifle Systems CORE15 rifles.
(XVI) Daniel Defense M4A1 rifles.
(XVII) Devil Dog Arms 15 Series rifles.
(XVIII) Diamondback DB15 rifles.
(XIX) DoubleStar AR rifles.
(XX) DPMS Tactical rifles.
(XXI) DSA Inc. ZM-4 Carbine.
(XXII) Heckler & Koch MR556.
(XXIII) High Standard HSA-15 rifles.
(XXIV) Jesse James Nomad AR-15 rifle.
(XXV) Knight's Armament SR-15.
(XXVI) Lancer L15 rifles.
(XXVII) MGI Hydra Series rifles.
(XXVIII) Mossberg MMR Tactical rifles.
(XXIX) Noreen Firearms BN 36 rifle.
(XXX) Olympic Arms.
(XXXI) POF USA P415.
(XXXII) Precision Firearms AR rifles.
(XXXIII) Remington R-15 rifles.
(XXXIV) Rhino Arms AR rifles.
(XXXV) Rock River Arms LAR-15 or Rock River
Arms LAR-47.

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(XXXVI) Sig Sauer SIG516 rifles and MCX
rifles.
(XXXVII) Smith & Wesson M&P15 rifles.
(XXXVIII) Stag Arms AR rifles.
(XXXIX) Sturm, Ruger & Co. SR556 and AR-556
rifles.
(XL) Uselton Arms Air-Lite M-4 rifles.
(XLI) Windham Weaponry AR rifles.
(XLII) WMD Guns Big Beast.
(XLIII) Yankee Hill Machine Company, Inc.
YHM-15 rifles.
(iii) Barrett M107A1.
(iv) Barrett M82A1.
(v) Beretta CX4 Storm.
(vi) Calico Liberty Series.
(vii) CETME Sporter.
(viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
AR 110C.
(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
(x) Feather Industries AT-9.
(xi) Galil Model AR and Model ARM.
(xii) Hi-Point Carbine.
(xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
(xiv) IWI TAVOR, Galil ACE rifle.
(xv) Kel-Tec Sub-2000, SU-16, and RFB.

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(xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
Sauer SG 551, and SIG MCX.
(xvii) Springfield Armory SAR-48.
(xviii) Steyr AUG.
(xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
M-14/20CF.
(xx) All Thompson rifles, including the following:
(I) Thompson M1SB.
(II) Thompson T1100D.
(III) Thompson T150D.
(IV) Thompson T1B.
(V) Thompson T1B100D.
(VI) Thompson T1B50D.
(VII) Thompson T1BSB.
(VIII) Thompson T1-C.
(IX) Thompson T1D.
(X) Thompson T1SB.
(XI) Thompson T5.
(XII) Thompson T5100D.
(XIII) Thompson TM1.
(XIV) Thompson TM1C.
(xxi) UMAREX UZI rifle.
(xxii) UZI Mini Carbine, UZI Model A Carbine, and
UZI Model B Carbine.
(xxiii) Valmet M62S, M71S, and M78.
(xxiv) Vector Arms UZI Type.

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(xxv) Weaver Arms Nighthawk.
(xxvi) Wilkinson Arms Linda Carbine.
(K) All of the following pistols, copies, duplicates,
variants, or altered facsimiles with the capability of any
such weapon thereof:
(i) All AK types, including the following:
(I) Centurion 39 AK pistol.
(II) CZ Scorpion pistol.
(III) Draco AK-47 pistol.
(IV) HCR AK-47 pistol.
(V) IO Inc. Hellpup AK-47 pistol.
(VI) Krinkov pistol.
(VII) Mini Draco AK-47 pistol.
(VIII) PAP M92 pistol.
(IX) Yugo Krebs Krink pistol.
(ii) All AR types, including the following:
(I) American Spirit AR-15 pistol.
(II) Bushmaster Carbon 15 pistol.
(III) Chiappa Firearms M4 Pistol GEN II.
(IV) CORE Rifle Systems CORE15 Roscoe pistol.
(V) Daniel Defense MK18 pistol.
(VI) DoubleStar Corporation AR pistol.
(VII) DPMS AR-15 pistol.
(VIII) Jesse James Nomad AR-15 pistol.
(IX) Olympic Arms AR-15 pistol.
(X) Osprey Armament MK-18 pistol.

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(XI) POF USA AR pistols.
(XII) Rock River Arms LAR 15 pistol.
(XIII) Uselton Arms Air-Lite M-4 pistol.
(iii) Calico pistols.
(iv) DSA SA58 PKP FAL pistol.
(v) Encom MP-9 and MP-45.
(vi) Heckler & Koch model SP-89 pistol.
(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
TEC-DC9.
(viii) IWI Galil Ace pistol, UZI PRO pistol.
(ix) Kel-Tec PLR 16 pistol.
(x) All MAC types, including the following:
(I) MAC-10.
(II) MAC-11.
(III) Masterpiece Arms MPA A930 Mini Pistol,
MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
Tactical Pistol.
(IV) Military Armament Corp. Ingram M-11.
(V) Velocity Arms VMAC.
(xi) Sig Sauer P556 pistol.
(xii) Sites Spectre.
(xiii) All Thompson types, including the
following:
(I) Thompson TA510D.
(II) Thompson TA5.
(xiv) All UZI types, including Micro-UZI.

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(L) All of the following shotguns, copies, duplicates,
variants, or altered facsimiles with the capability of any
such weapon thereof:
(i) DERYA Anakon MC-1980, Anakon SD12.
(ii) Doruk Lethal shotguns.
(iii) Franchi LAW-12 and SPAS 12.
(iv) All IZHMASH Saiga 12 types, including the
following:
(I) IZHMASH Saiga 12.
(II) IZHMASH Saiga 12S.
(III) IZHMASH Saiga 12S EXP-01.
(IV) IZHMASH Saiga 12K.
(V) IZHMASH Saiga 12K-030.
(VI) IZHMASH Saiga 12K-040 Taktika.
(v) Streetsweeper.
(vi) Striker 12.
(2) "Assault weapon" does not include:
(A) Any firearm that is an unserviceable firearm or
has been made permanently inoperable.
(B) An antique firearm or a replica of an antique
firearm.
(C) A firearm that is manually operated by bolt, pump,
lever or slide action, unless the firearm is a shotgun
with a revolving cylinder.
(D) Any air rifle as defined in Section 24.8-0.1 of
this Code.

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(E) Any handgun, as defined under the Firearm
Concealed Carry Act, unless otherwise listed in this
Section.
(3) "Assault weapon attachment" means any device capable
of being attached to a firearm that is specifically designed
for making or converting a firearm into any of the firearms
listed in paragraph (1) of this subsection (a).
(4) "Antique firearm" has the meaning ascribed to it in 18
U.S.C. 921(a)(16).
(5) ".50 caliber rifle" means a centerfire rifle capable
of firing a .50 caliber cartridge. The term does not include
any antique firearm, any shotgun including a shotgun that has
a rifle barrel, or any muzzle-loader which uses black powder
for hunting or historical reenactments.
(6) ".50 caliber cartridge" means a cartridge in .50 BMG
caliber, either by designation or actual measurement, that is
capable of being fired from a centerfire rifle. The term ".50
caliber cartridge" does not include any memorabilia or display
item that is filled with a permanent inert substance or that is
otherwise permanently altered in a manner that prevents ready
modification for use as live ammunition or shotgun ammunition
with a caliber measurement that is equal to or greater than .50
caliber.
(7) "Detachable magazine" means an ammunition feeding
device that may be removed from a firearm without disassembly
of the firearm action, including an ammunition feeding device

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that may be readily removed from a firearm with the use of a
bullet, cartridge, accessory, or other tool, or any other
object that functions as a tool, including a bullet or
cartridge.
(8) "Fixed magazine" means an ammunition feeding device
that is permanently attached to a firearm, or contained in and
not removable from a firearm, or that is otherwise not a
detachable magazine, but does not include an attached tubular
device designed to accept, and capable of operating only with,
.22 caliber rimfire ammunition.
(b) Except as provided in subsections (c), (d), and (e),
on or after the effective date of this amendatory Act of the
102nd General Assembly, it is unlawful for any person within
this State to knowingly manufacture, deliver, sell, import, or
purchase or cause to be manufactured, delivered, sold,
imported, or purchased by another, an assault weapon, assault
weapon attachment, .50 caliber rifle, or .50 caliber
cartridge.
(c) Except as otherwise provided in subsection (d),
beginning January 1, 2024, it is unlawful for any person
within this State to knowingly possess an assault weapon,
assault weapon attachment, .50 caliber rifle, or .50 caliber
cartridge.
(d) This Section does not apply to a person's possession
of an assault weapon, assault weapon attachment, .50 caliber
rifle, or .50 caliber cartridge device if the person lawfully

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possessed that assault weapon, assault weapon attachment, .50
caliber rifle, or .50 caliber cartridge prohibited by
subsection (c) of this Section, if the person has provided in
an endorsement affidavit, prior to January 1, 2024, under oath
or affirmation and in the form and manner prescribed by the
Illinois State Police, no later than October 1, 2023:
(1) the affiant's Firearm Owner's Identification Card
number;
(2) an affirmation that the affiant: (i) possessed an
assault weapon, assault weapon attachment, .50 caliber
rifle, or .50 caliber cartridge before the effective date
of this amendatory Act of the 102nd General Assembly; or
(ii) inherited the assault weapon, assault weapon
attachment, .50 caliber rifle, or .50 caliber cartridge
from a person with an endorsement under this Section or
from a person authorized under subdivisions (1) through
(5) of subsection (e) to possess the assault weapon,
assault weapon attachment, .50 caliber rifle, or .50
caliber cartridge; and
(3) the make, model, caliber, and serial number of the
.50 caliber rifle or assault weapon or assault weapons
listed in paragraphs (J), (K), and (L) of subdivision (1)
of subsection (a) of this Section possessed by the affiant
prior to the effective date of this amendatory Act of the
102nd General Assembly and any assault weapons identified
and published by the Illinois State Police pursuant to

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this subdivision (3). No later than October 1, 2023, and
every October 1 thereafter, the Illinois State Police
shall, via rulemaking, identify, publish, and make
available on its website, the list of assault weapons
subject to an endorsement affidavit under this subsection
(d). The list shall identify, but is not limited to, the
copies, duplicates, variants, and altered facsimiles of
the assault weapons identified in paragraphs (J), (K), and
(L) of subdivision (1) of subsection (a) of this Section
and shall be consistent with the definition of "assault
weapon" identified in this Section. The Illinois State
Police may adopt emergency rulemaking in accordance with
Section 5-45 of the Illinois Administrative Procedure Act.
The adoption of emergency rules authorized by Section 5-45
of the Illinois Administrative Procedure Act and this
paragraph is deemed to be necessary for the public
interest, safety, and welfare.
The affidavit form shall include the following statement
printed in bold type: "Warning: Entering false information on
this form is punishable as perjury under Section 32-2 of the
Criminal Code of 2012. Entering false information on this form
is a violation of the Firearm Owners Identification Card Act."
In any administrative, civil, or criminal proceeding in
this State, a completed endorsement affidavit submitted to the
Illinois State Police by a person under this Section creates a
rebuttable presumption that the person is entitled to possess

SB2136 - 224 - LRB103 27172 RLC 53542 b
and transport the assault weapon, assault weapon attachment,
.50 caliber rifle, or .50 caliber cartridge.
Beginning 90 days after the effective date of this
amendatory Act of the 102nd General Assembly, a person
authorized under this Section to possess an assault weapon,
assault weapon attachment, .50 caliber rifle, or .50 caliber
cartridge shall possess such items only:
(1) on private property owned or immediately
controlled by the person;
(2) on private property that is not open to the public
with the express permission of the person who owns or
immediately controls such property;
(3) while on the premises of a licensed firearms
dealer or gunsmith for the purpose of lawful repair;
(4) while engaged in the legal use of the assault
weapon, assault weapon attachment, .50 caliber rifle, or
.50 caliber cartridge at a properly licensed firing range
or sport shooting competition venue; or
(5) while traveling to or from these locations,
provided that the assault weapon, assault weapon
attachment, or .50 caliber rifle is unloaded and the
assault weapon, assault weapon attachment, .50 caliber
rifle, or .50 caliber cartridge is enclosed in a case,
firearm carrying box, shipping box, or other container.
Beginning on January 1, 2024, the person with the
endorsement for an assault weapon, assault weapon attachment,

SB2136 - 225 - LRB103 27172 RLC 53542 b
.50 caliber rifle, or .50 caliber cartridge or a person
authorized under subdivisions (1) through (5) of subsection
(e) to possess an assault weapon, assault weapon attachment,
.50 caliber rifle, or .50 caliber cartridge may transfer the
assault weapon, assault weapon attachment, .50 caliber rifle,
or .50 caliber cartridge only to an heir, an individual
residing in another state maintaining it in another state, or
a dealer licensed as a federal firearms dealer under Section
923 of the federal Gun Control Act of 1968. Within 10 days
after transfer of the weapon except to an heir, the person
shall notify the Illinois State Police of the name and address
of the transferee and comply with the requirements of
subsection (b) of Section 3 of the Firearm Owners
Identification Card Act. The person to whom the weapon or
ammunition is transferred shall, within 60 days of the
transfer, complete an affidavit required under this Section. A
person to whom the weapon is transferred may transfer it only
as provided in this subsection.
Except as provided in subsection (e) and beginning on
January 1, 2024, any person who moves into this State in
possession of an assault weapon, assault weapon attachment,
.50 caliber rifle, or .50 caliber cartridge shall, within 60
days, apply for a Firearm Owners Identification Card and
complete an endorsement application as outlined in subsection
(d).
Notwithstanding any other law, information contained in

SB2136 - 226 - LRB103 27172 RLC 53542 b
the endorsement affidavit shall be confidential, is exempt
from disclosure under the Freedom of Information Act, and
shall not be disclosed, except to law enforcement agencies
acting in the performance of their duties.
(e) The provisions of this Section regarding the purchase
or possession of assault weapons, assault weapon attachments,
.50 caliber rifles, and .50 cartridges, as well as the
provisions of this Section that prohibit causing those items
to be purchased or possessed, do not apply to:
(1) Peace officers, as defined in Section 2-13 of this
Code.
(2) Qualified law enforcement officers and qualified
retired law enforcement officers as defined in the Law
Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
and 926C) and as recognized under Illinois law.
(3) Acquisition and possession by a federal, State, or
local law enforcement agency for the purpose of equipping
the agency's peace officers as defined in paragraph (1) or
(2) of this subsection (e).
(4) Wardens, superintendents, and keepers of prisons,
penitentiaries, jails, and other institutions for the
detention of persons accused or convicted of an offense.
(5) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while
performing their official duties or while traveling to or
from their places of duty.

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(6) Any company that employs armed security officers
in this State at a nuclear energy, storage, weapons, or
development site or facility regulated by the federal
Nuclear Regulatory Commission and any person employed as
an armed security force member at a nuclear energy,
storage, weapons, or development site or facility
regulated by the federal Nuclear Regulatory Commission who
has completed the background screening and training
mandated by the rules and regulations of the federal
Nuclear Regulatory Commission and while performing
official duties.
(7) Any private security contractor agency licensed
under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004
that employs private security contractors and any private
security contractor who is licensed and has been issued a
firearm control card under the Private Detective, Private
Alarm, Private Security, Fingerprint Vendor, and Locksmith
Act of 2004 while performing official duties.
The provisions of this Section do not apply to the
manufacture, delivery, sale, import, purchase, or possession
of an assault weapon, assault weapon attachment, .50 caliber
rifle, or .50 caliber cartridge or causing the manufacture,
delivery, sale, importation, purchase, or possession of those
items:
(A) for sale or transfer to persons authorized under

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subdivisions (1) through (7) of this subsection (e) to
possess those items;
(B) for sale or transfer to the United States or any
department or agency thereof; or
(C) for sale or transfer in another state or for
export.
This Section does not apply to or affect any of the
following:
(i) Possession of any firearm if that firearm is
sanctioned by the International Olympic Committee and by
USA Shooting, the national governing body for
international shooting competition in the United States,
but only when the firearm is in the actual possession of an
Olympic target shooting competitor or target shooting
coach for the purpose of storage, transporting to and from
Olympic target shooting practice or events if the firearm
is broken down in a nonfunctioning state, is not
immediately accessible, or is unloaded and enclosed in a
firearm case, carrying box, shipping box, or other similar
portable container designed for the safe transportation of
firearms, and when the Olympic target shooting competitor
or target shooting coach is engaging in those practices or
events. For the purposes of this paragraph (8), "firearm"
has the meaning provided in Section 2-7.5 1.1 of the
Firearm Owners Identification Card Act.
(ii) Any nonresident who transports, within 24 hours,

SB2136 - 229 - LRB103 27172 RLC 53542 b
a weapon for any lawful purpose from any place where the
nonresident may lawfully possess and carry that weapon to
any other place where the nonresident may lawfully possess
and carry that weapon if, during the transportation, the
weapon is unloaded, and neither the weapon nor any
ammunition being transported is readily accessible or is
directly accessible from the passenger compartment of the
transporting vehicle. In the case of a vehicle without a
compartment separate from the driver's compartment, the
weapon or ammunition shall be contained in a locked
container other than the glove compartment or console.
(iii) Possession of a weapon at an event taking place
at the World Shooting and Recreational Complex at Sparta,
only while engaged in the legal use of the weapon, or while
traveling to or from that location if the weapon is broken
down in a nonfunctioning state, is not immediately
accessible, or is unloaded and enclosed in a firearm case,
carrying box, shipping box, or other similar portable
container designed for the safe transportation of
firearms.
(iv) Possession of a weapon only for hunting use
expressly permitted under the Wildlife Code, or while
traveling to or from a location authorized for this
hunting use under the Wildlife Code if the weapon is
broken down in a nonfunctioning state, is not immediately
accessible, or is unloaded and enclosed in a firearm case,

SB2136 - 230 - LRB103 27172 RLC 53542 b
carrying box, shipping box, or other similar portable
container designed for the safe transportation of
firearms. By October 1, 2023, the Illinois State Police,
in consultation with the Department of Natural Resources,
shall adopt rules concerning the list of applicable
weapons approved under this subparagraph (iv). The
Illinois State Police may adopt emergency rules in
accordance with Section 5-45 of the Illinois
Administrative Procedure Act. The adoption of emergency
rules authorized by Section 5-45 of the Illinois
Administrative Procedure Act and this paragraph is deemed
to be necessary for the public interest, safety, and
welfare.
(v) The manufacture, transportation, possession, sale,
or rental of blank-firing assault weapons and .50 caliber
rifles, or the weapon's respective attachments, to persons
authorized or permitted, or both authorized and permitted,
to acquire and possess these weapons or attachments for
the purpose of rental for use solely as props for a motion
picture, television, or video production or entertainment
event.
Any person not subject to this Section may submit an
endorsement affidavit if the person chooses.
(f) Any sale or transfer with a background check initiated
to the Illinois State Police on or before the effective date of
this amendatory Act of the 102nd General Assembly is allowed

SB2136 - 231 - LRB103 27172 RLC 53542 b
to be completed after the effective date of this amendatory
Act once an approval is issued by the Illinois State Police and
any applicable waiting period under Section 24-3 has expired.
(g) The Illinois State Police shall take all steps
necessary to carry out the requirements of this Section within
by October 1, 2023.
(h) The Department of the State Police shall also develop
and implement a public notice and public outreach campaign to
promote awareness about the provisions of this amendatory Act
of the 102nd General Assembly and to increase compliance with
this Section.
(Source: P.A. 102-1116, eff. 1-10-23.)
(720 ILCS 5/24-1.10)
Sec. 24-1.10. Manufacture, delivery, sale, and possession
of large capacity ammunition feeding devices.
(a) In this Section:
"Handgun" has the meaning ascribed to it in the Firearm
Concealed Carry Act.
"Long gun" means a rifle or shotgun.
"Large capacity ammunition feeding device" means:
(1) a magazine, belt, drum, feed strip, or similar
device that has a capacity of, or that can be readily
restored or converted to accept, more than 10 rounds of
ammunition for long guns and more than 15 rounds of
ammunition for handguns; or

SB2136 - 232 - LRB103 27172 RLC 53542 b
(2) any combination of parts from which a device
described in paragraph (1) can be assembled.
"Large capacity ammunition feeding device" does not
include an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire
ammunition. "Large capacity ammunition feeding device" does
not include a tubular magazine that is contained in a
lever-action firearm or any device that has been made
permanently inoperable.
(b) Except as provided in subsections (e) and (f), it is
unlawful for any person within this State to knowingly
manufacture, deliver, sell, purchase, or cause to be
manufactured, delivered, sold, or purchased a large capacity
ammunition feeding device.
(c) Except as provided in subsections (d), (e), and (f),
and beginning 90 days after the effective date of this
amendatory Act of the 102nd General Assembly, it is unlawful
to knowingly possess a large capacity ammunition feeding
device.
(d) Subsection (c) does not apply to a person's possession
of a large capacity ammunition feeding device if the person
lawfully possessed that large capacity ammunition feeding
device before the effective date of this amendatory Act of the
102nd General Assembly, provided that the person shall possess
such device only:
(1) on private property owned or immediately

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controlled by the person;
(2) on private property that is not open to the public
with the express permission of the person who owns or
immediately controls such property;
(3) while on the premises of a licensed firearms
dealer or gunsmith for the purpose of lawful repair;
(4) while engaged in the legal use of the large
capacity ammunition feeding device at a properly licensed
firing range or sport shooting competition venue; or
(5) while traveling to or from these locations,
provided that the large capacity ammunition feeding device
is stored unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container.
A person authorized under this Section to possess a large
capacity ammunition feeding device may transfer the large
capacity ammunition feeding device only to an heir, an
individual residing in another state maintaining it in another
state, or a dealer licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968. Within 10
days after transfer of the large capacity ammunition feeding
device except to an heir, the person shall notify the Illinois
State Police of the name and address of the transferee and
comply with the requirements of subsection (b) of Section 3 of
the Firearm Owners Identification Card Act. The person to whom
the large capacity ammunition feeding device is transferred
shall, within 60 days of the transfer, notify the Illinois

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State Police of the person's acquisition and comply with the
requirements of subsection (b) of Section 3 of the Firearm
Owners Identification Card Act. A person to whom the large
capacity ammunition feeding device is transferred may transfer
it only as provided in this subsection.
Except as provided in subsections (e) and (f) and
beginning 90 days after the effective date of this amendatory
Act of the 102nd General Assembly, any person who moves into
this State in possession of a large capacity ammunition
feeding device shall, within 60 days, apply for a Firearm
Owners Identification Card.
(e) The provisions of this Section regarding the purchase
or possession of large capacity ammunition feeding devices, as
well as the provisions of this Section that prohibit causing
those items to be purchased or possessed, do not apply to:
(1) Peace officers as defined in Section 2-13 of this
Code.
(2) Qualified law enforcement officers and qualified
retired law enforcement officers as defined in the Law
Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
and 926C) and as recognized under Illinois law.
(3) A federal, State, or local law enforcement agency
for the purpose of equipping the agency's peace officers
as defined in paragraph (1) or (2) of this subsection (e).
(4) Wardens, superintendents, and keepers of prisons,
penitentiaries, jails, and other institutions for the

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detention of persons accused or convicted of an offense.
(5) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while
their official duties or while traveling to or from their
places of duty.
(6) Any company that employs armed security officers
in this State at a nuclear energy, storage, weapons, or
development site or facility regulated by the federal
Nuclear Regulatory Commission and any person employed as
an armed security force member at a nuclear energy,
storage, weapons, or development site or facility
regulated by the federal Nuclear Regulatory Commission who
has completed the background screening and training
mandated by the rules and regulations of the federal
Nuclear Regulatory Commission and while performing
official duties.
(7) Any private security contractor agency licensed
under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004
that employs private security contractors and any private
security contractor who is licensed and has been issued a
firearm control card under the Private Detective, Private
Alarm, Private Security, Fingerprint Vendor, and Locksmith
Act of 2004 while performing official duties.
(f) This Section does not apply to or affect any of the
following:

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(1) Manufacture, delivery, sale, importation,
purchase, or possession or causing to be manufactured,
delivered, sold, imported, purchased, or possessed a large
capacity ammunition feeding device:
(A) for sale or transfer to persons authorized
under subdivisions (1) through (7) of subsection (e)
to possess those items;
(B) for sale or transfer to the United States or
any department or agency thereof; or
(C) for sale or transfer in another state or for
export.
(2) Sale or rental of large capacity ammunition
feeding devices for blank-firing assault weapons and .50
caliber rifles, to persons authorized or permitted, or
both authorized and permitted, to acquire these devices
for the purpose of rental for use solely as props for a
motion picture, television, or video production or
entertainment event.
(g) Sentence. A person who knowingly manufactures,
delivers, sells, purchases, possesses, or causes to be
manufactured, delivered, sold, possessed, or purchased in
violation of this Section a large capacity ammunition feeding
device capable of holding more than 10 rounds of ammunition
for long guns or more than 15 rounds of ammunition for handguns
commits a petty offense with a fine of $1,000 for each
violation.

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(h) The Department of the State Police shall also develop
and implement a public notice and public outreach campaign to
promote awareness about the provisions of this amendatory Act
of the 102nd General Assembly and to increase compliance with
this Section.
(Source: P.A. 102-1116, eff. 1-10-23.)
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense,
while in the performance of their official duty, or while
commuting between their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard or the
Reserve Officers Training Corps, while in the performance
of their official duty.
(4) Special agents employed by a railroad or a public
utility to perform police functions, and guards of armored

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car companies, while actually engaged in the performance
of the duties of their employment or commuting between
their homes and places of employment; and watchmen while
actually engaged in the performance of the duties of their
employment.
(5) Persons licensed as private security contractors,
private detectives, or private alarm contractors, or
employed by a private security contractor, private
detective, or private alarm contractor agency licensed by
the Department of Financial and Professional Regulation,
if their duties include the carrying of a weapon under the
provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004, while actually engaged in the performance of the
duties of their employment or commuting between their
homes and places of employment. A person shall be
considered eligible for this exemption if he or she has
completed the required 20 hours of training for a private
security contractor, private detective, or private alarm
contractor, or employee of a licensed private security
contractor, private detective, or private alarm contractor
agency and 28 hours of required firearm training, and has
been issued a firearm control card by the Department of
Financial and Professional Regulation. Conditions for the
renewal of firearm control cards issued under the
provisions of this Section shall be the same as for those

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cards issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control
card shall be carried by the private security contractor,
private detective, or private alarm contractor, or
employee of the licensed private security contractor,
private detective, or private alarm contractor agency at
all times when he or she is in possession of a concealable
weapon permitted by his or her firearm control card.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the
protection of persons employed and private property
related to such commercial or industrial operation, while
actually engaged in the performance of his or her duty or
traveling between sites or properties belonging to the
employer, and who, as a security guard, is a member of a
security force registered with the Department of Financial
and Professional Regulation; provided that such security
guard has successfully completed a course of study,
approved by and supervised by the Department of Financial
and Professional Regulation, consisting of not less than
48 hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this
exemption if he or she has completed the required 20 hours
of training for a security officer and 28 hours of

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required firearm training, and has been issued a firearm
control card by the Department of Financial and
Professional Regulation. Conditions for the renewal of
firearm control cards issued under the provisions of this
Section shall be the same as for those cards issued under
the provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004. The firearm control card shall be carried by the
security guard at all times when he or she is in possession
of a concealable weapon permitted by his or her firearm
control card.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution as a
security guard for the protection of other employees and
property related to such financial institution, while
actually engaged in the performance of their duties,
commuting between their homes and places of employment, or
traveling between sites or properties owned or operated by
such financial institution, and who, as a security guard,
is a member of a security force registered with the
Department; provided that any person so employed has
successfully completed a course of study, approved by and

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supervised by the Department of Financial and Professional
Regulation, consisting of not less than 48 hours of
training which includes theory of law enforcement,
liability for acts, and the handling of weapons. A person
shall be considered to be eligible for this exemption if
he or she has completed the required 20 hours of training
for a security officer and 28 hours of required firearm
training, and has been issued a firearm control card by
the Department of Financial and Professional Regulation.
Conditions for renewal of firearm control cards issued
under the provisions of this Section shall be the same as
for those issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control
card shall be carried by the security guard at all times
when he or she is in possession of a concealable weapon
permitted by his or her firearm control card. For purposes
of this subsection, "financial institution" means a bank,
savings and loan association, credit union or company
providing armored car services.
(9) Any person employed by an armored car company to
drive an armored car, while actually engaged in the
performance of his duties.
(10) Persons who have been classified as peace
officers pursuant to the Peace Officer Fire Investigation
Act.

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(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys Appellate
Prosecutor to carry weapons pursuant to Section 7.06 of
the State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(12.5) Probation officers while in the performance of
their duties, or while commuting between their homes,
places of employment or specific locations that are part
of their assigned duties, with the consent of the chief
judge of the circuit for which they are employed, if they
have received weapons training according to requirements
of the Peace Officer and Probation Officer Firearm
Training Act.
(13) Court Security Officers while in the performance
of their official duties, or while commuting between their
homes and places of employment, with the consent of the
Sheriff.
(13.5) A person employed as an armed security guard at
a nuclear energy, storage, weapons or development site or
facility regulated by the Nuclear Regulatory Commission
who has completed the background screening and training
mandated by the rules and regulations of the Nuclear
Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons

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to persons authorized under subdivisions (1) through
(13.5) of this subsection to possess those weapons.
(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect any person carrying a concealed pistol, revolver,
or handgun and the person has been issued a currently valid
license under the Firearm Concealed Carry Act at the time of
the commission of the offense.
(a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect a qualified current or retired law enforcement
officer or a current or retired deputy, county correctional
officer, or correctional officer of the Department of
Corrections qualified under the laws of this State or under
the federal Law Enforcement Officers Safety Act.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for
the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers, or fishermen while engaged in
lawful hunting, trapping, or fishing under the provisions
of the Wildlife Code or the Fish and Aquatic Life Code.

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

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

SB2136 - 246 - LRB103 27172 RLC 53542 b
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
(7) A person possessing a rifle with a barrel or
barrels less than 16 inches in length if: (A) the person
has been issued a Curios and Relics license from the U.S.
Bureau of Alcohol, Tobacco, Firearms and Explosives; or
(B) the person is an active member of a bona fide,
nationally recognized military re-enacting group and the
modification is required and necessary to accurately
portray the weapon for historical re-enactment purposes;
the re-enactor is in possession of a valid and current
re-enacting group membership credential; and the overall
length of the weapon as modified is not less than 26
inches.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a
peace officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or

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

SB2136 - 248 - LRB103 27172 RLC 53542 b
devices, firearms, or ammunition, but only with respect to
activities that are within the lawful scope of that business,
such as the manufacture, transportation, or testing of those
devices, firearms, or ammunition. This exemption does not
authorize the general private possession of any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, but only such possession
and activities as are within the lawful scope of a licensed
manufacturing business described in this subsection (g-5).
During transportation, these devices shall be detached from
any weapon or not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
(g-7) Subsection 24-1(a)(6) does not apply to a peace
officer while serving as a member of a tactical response team
or special operations team. A peace officer may not personally
own or apply for ownership of a device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm. These devices shall be owned and
maintained by lawfully recognized units of government whose
duties include the investigation of criminal acts.
(g-10) (Blank).
(h) An information or indictment based upon a violation of

SB2136 - 249 - LRB103 27172 RLC 53542 b
any subsection of this Article need not negative any
exemptions contained in this Article. The defendant shall have
the burden of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm
consigned to a common carrier operating under license of the
State of Illinois or the federal government, where such
transportation, carrying, or possession is incident to the
lawful transportation in which such common carrier is engaged;
and nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession of any
pistol, revolver, stun gun, taser, or other firearm, not the
subject of and regulated by subsection 24-1(a)(7) or
subsection 24-2(c) of this Article, which is unloaded and
enclosed in a case, firearm carrying box, shipping box, or
other container, by a person eligible under State and federal
law to possess a firearm the possessor of a valid Firearm
Owners Identification Card.
(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;
102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised
12-14-22.)
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(A) A person commits the offense of unlawful sale or

SB2136 - 250 - LRB103 27172 RLC 53542 b
delivery of firearms when he or she knowingly does any of the
following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of
age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction.
(e) Sells or gives any firearm to any person who has
been a patient in a mental institution within the past 5
years. In this subsection (e):
"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used
primarily for the care or treatment of persons with
mental illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness.

SB2136 - 251 - LRB103 27172 RLC 53542 b
(f) Sells or gives any firearms to any person who is a
person with an intellectual disability.
(g) Delivers any firearm, incidental to a sale,
without withholding delivery of the firearm for at least
72 hours after application for its purchase has been made,
or delivers a stun gun or taser, incidental to a sale,
without withholding delivery of the stun gun or taser for
at least 24 hours after application for its purchase has
been made. However, this paragraph (g) does not apply to:
(1) the sale of a firearm to a law enforcement officer if
the seller of the firearm knows that the person to whom he
or she is selling the firearm is a law enforcement officer
or the sale of a firearm to a person who desires to
purchase a firearm for use in promoting the public
interest incident to his or her employment as a bank
guard, armed truck guard, or other similar employment; (2)
a mail order sale of a firearm from a federally licensed
firearms dealer to a nonresident of Illinois under which
the firearm is mailed to a federally licensed firearms
dealer outside the boundaries of Illinois; (3) (blank);
(4) the sale of a firearm to a dealer licensed as a federal
firearms dealer under Section 923 of the federal Gun
Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
sale of any rifle, shotgun, or other long gun to a resident
registered competitor or attendee or non-resident
registered competitor or attendee by any dealer licensed

SB2136 - 252 - LRB103 27172 RLC 53542 b
as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 at competitive shooting
events held at the World Shooting Complex sanctioned by a
national governing body. For purposes of transfers or
sales under subparagraph (5) of this paragraph (g), the
Department of Natural Resources shall give notice to the
Illinois State Police at least 30 calendar days prior to
any competitive shooting events at the World Shooting
Complex sanctioned by a national governing body. The
notification shall be made on a form prescribed by the
Illinois State Police. The sanctioning body shall provide
a list of all registered competitors and attendees at
least 24 hours before the events to the Illinois State
Police. Any changes to the list of registered competitors
and attendees shall be forwarded to the Illinois State
Police as soon as practicable. The Illinois State Police
must destroy the list of registered competitors and
attendees no later than 30 days after the date of the
event. Nothing in this paragraph (g) relieves a federally
licensed firearm dealer from the requirements of
conducting a NICS background check through the Illinois
Point of Contact under 18 U.S.C. 922(t). For purposes of
this paragraph (g), "application" means when the buyer and
seller reach an agreement to purchase a firearm. For
purposes of this paragraph (g), "national governing body"
means a group of persons who adopt rules and formulate

SB2136 - 253 - LRB103 27172 RLC 53542 b
policy on behalf of a national firearm sporting
organization.
(h) While holding any license as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control
Act of 1968, manufactures, sells or delivers to any
unlicensed person a handgun having a barrel, slide, frame
or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" has the meaning
provided in Section 2-7.5 of the Criminal Code of 2012 is
defined as in the Firearm Owners Identification Card Act;
and (2) "handgun" is defined as a firearm designed to be
held and fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be
assembled.
(i) Sells or gives a firearm of any size to any person
under 18 years of age who is not eligible under State or
federal law to possess a firearm does not possess a valid
Firearm Owner's Identification Card.
(j) Sells or gives a firearm while engaged in the
business of selling firearms at wholesale or retail
without being licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923). In this paragraph (j):
A person "engaged in the business" means a person who

SB2136 - 254 - LRB103 27172 RLC 53542 b
devotes time, attention, and labor to engaging in the
activity as a regular course of trade or business with the
principal objective of livelihood and profit, but does not
include a person who makes occasional repairs of firearms
or who occasionally fits special barrels, stocks, or
trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other
intents, such as improving or liquidating a personal
firearms collection; however, proof of profit shall not be
required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for
criminal purposes or terrorism.
(k) (Blank). Sells or transfers ownership of a firearm
to a person who does not display to the seller or
transferor of the firearm either: (1) a currently valid
Firearm Owner's Identification Card that has previously
been issued in the transferee's name by the Illinois State
Police under the provisions of the Firearm Owners
Identification Card Act; or (2) a currently valid license
to carry a concealed firearm that has previously been
issued in the transferee's name by the Illinois State
Police under the Firearm Concealed Carry Act. This
paragraph (k) does not apply to the transfer of a firearm

SB2136 - 255 - LRB103 27172 RLC 53542 b
to a person who is exempt from the requirement of
possessing a Firearm Owner's Identification Card under
Section 2 of the Firearm Owners Identification Card Act.
For the purposes of this Section, a currently valid
Firearm Owner's Identification Card or license to carry a
concealed firearm means receipt of an approval number
issued in accordance with subsection (a-10) of Section 3
or Section 3.1 of the Firearm Owners Identification Card
Act.
(1) (Blank). In addition to the other requirements
of this paragraph (k), all persons who are not
federally licensed firearms dealers must also have
complied with subsection (a-10) of Section 3 of the
Firearm Owners Identification Card Act by determining
the validity of a purchaser's Firearm Owner's
Identification Card.
(2) (Blank). All sellers or transferors who have
complied with the requirements of subparagraph (1) of
this paragraph (k) shall not be liable for damages in
any civil action arising from the use or misuse by the
transferee of the firearm transferred, except for
willful or wanton misconduct on the part of the seller
or transferor.
(l) Not being entitled to the possession of a firearm,
delivers the firearm, knowing it to have been stolen or
converted. It may be inferred that a person who possesses

SB2136 - 256 - LRB103 27172 RLC 53542 b
a firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is
stolen or converted.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment
of Public Act 78-355 subject to confiscation or seizure under
the provisions of that Public Act. Nothing in Public Act
78-355 shall be construed to prohibit the gift or trade of any
firearm if that firearm was legally held or acquired within 6
months after the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (c), (e), (f), (g),
or (h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) of subsection
(A) commits a Class 2 felony.
(4) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property

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

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development, in a public park, in a courthouse, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, or on any public
way within 1,000 feet of the real property comprising any
public park, courthouse, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony.
(6) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (j) of subsection
(A) commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(7) (Blank). Any person convicted of unlawful sale or
delivery of firearms in violation of paragraph (k) of
subsection (A) commits a Class 4 felony, except that a
violation of subparagraph (1) of paragraph (k) of
subsection (A) shall not be punishable as a crime or petty
offense. A third or subsequent conviction for a violation
of paragraph (k) of subsection (A) is a Class 1 felony.
(8) A person 18 years of age or older convicted of
unlawful sale or delivery of firearms in violation of
paragraph (a) or (i) of subsection (A), when the firearm
that was sold or given to another person under 18 years of

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age was used in the commission of or attempt to commit a
forcible felony, shall be fined or imprisoned, or both,
not to exceed the maximum provided for the most serious
forcible felony so committed or attempted by the person
under 18 years of age who was sold or given the firearm.
(9) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (d) of subsection
(A) commits a Class 3 felony.
(10) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 2 felony if the delivery is of one
firearm. Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 1 felony if the delivery is of not less
than 2 and not more than 5 firearms at the same time or
within a one-year period. Any person convicted of unlawful
sale or delivery of firearms in violation of paragraph (l)
of subsection (A) commits a Class X felony for which he or
she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years if the
delivery is of not less than 6 and not more than 10
firearms at the same time or within a 2-year period. Any
person convicted of unlawful sale or delivery of firearms
in violation of paragraph (l) of subsection (A) commits a
Class X felony for which he or she shall be sentenced to a
term of imprisonment of not less than 6 years and not more

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than 40 years if the delivery is of not less than 11 and
not more than 20 firearms at the same time or within a
3-year period. Any person convicted of unlawful sale or
delivery of firearms in violation of paragraph (l) of
subsection (A) commits a Class X felony for which he or she
shall be sentenced to a term of imprisonment of not less
than 6 years and not more than 50 years if the delivery is
of not less than 21 and not more than 30 firearms at the
same time or within a 4-year period. Any person convicted
of unlawful sale or delivery of firearms in violation of
paragraph (l) of subsection (A) commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than 60
years if the delivery is of 31 or more firearms at the same
time or within a 5-year period.
(D) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or
in part by a school or school district.
(E) (Blank). A prosecution for a violation of paragraph
(k) of subsection (A) of this Section may be commenced within 6
years after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of

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subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
Sec. 24-3.1. Unlawful possession of firearms and firearm
ammunition.
(a) A person commits the offense of unlawful possession of
firearms or firearm ammunition when:
(1) He is under 18 years of age and has in his
possession any firearm of a size which may be concealed
upon the person; or
(2) He is under 21 years of age, has been convicted of
a misdemeanor other than a traffic offense or adjudged
delinquent and has any firearms or firearm ammunition in
his possession; or
(3) He is a narcotic addict and has any firearms or
firearm ammunition in his possession; or
(4) He has been a patient in a mental institution
within the past 5 years and has any firearms or firearm
ammunition in his possession. For purposes of this
paragraph (4):
"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental

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health center, or part thereof, which is used
primarily for the care or treatment of persons with
mental illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness; or
(5) He is a person with an intellectual disability and
has any firearms or firearm ammunition in his possession;
or
(6) He has in his possession any explosive bullet.
For purposes of this paragraph "explosive bullet" means
the projectile portion of an ammunition cartridge which
contains or carries an explosive charge which will explode
upon contact with the flesh of a human or an animal.
"Cartridge" means a tubular metal case having a projectile
affixed at the front thereof and a cap or primer at the rear
end thereof, with the propellant contained in such tube
between the projectile and the cap.
(a-5) A person prohibited from possessing a firearm under
this Section may petition the Director of the Illinois State
Police for a hearing and relief from the prohibition, unless
the prohibition was based upon a forcible felony, stalking,
aggravated stalking, domestic battery, any violation of the

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Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or the Cannabis Control
Act that is classified as a Class 2 or greater felony, any
felony violation of Article 24 of the Criminal Code of 1961 or
the Criminal Code of 2012, or any adjudication as a delinquent
minor for the commission of an offense that if committed by an
adult would be a felony, in which case the person may petition
the circuit court in writing in the county of his or her
residence for a hearing and relief from the prohibition. The
Director or court may grant the relief if it is established by
the petitioner to the court's or Director's satisfaction that:
(1) when in the circuit court, the State's Attorney
has been served with a written copy of the petition at
least 30 days before any hearing in the circuit court and
at the hearing the State's Attorney was afforded an
opportunity to present evidence and object to the
petition;
(2) the petitioner has not been convicted of a
forcible felony under the laws of this State or any other
jurisdiction within 20 years of the filing of the
petition, or at least 20 years have passed since the end of
any period of imprisonment imposed in relation to that
conviction;
(3) the circumstances regarding a criminal conviction,
where applicable, the petitioner's criminal history and
his reputation are such that the petitioner will not be

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likely to act in a manner dangerous to public safety;
(4) granting relief would not be contrary to the
public interest; and
(5) granting relief would not be contrary to federal
law.
(b) Sentence.
Unlawful possession of firearms, other than handguns, and
firearm ammunition is a Class A misdemeanor. Unlawful
possession of handguns is a Class 4 felony. The possession of
each firearm or firearm ammunition in violation of this
Section constitutes a single and separate violation.
(c) Nothing in paragraph (1) of subsection (a) of this
Section prohibits a person under 18 years of age from
participating in any lawful recreational activity with a
firearm such as, but not limited to, practice shooting at
targets upon established public or private target ranges or
hunting, trapping, or fishing in accordance with the Wildlife
Code or the Fish and Aquatic Life Code.
(Source: P.A. 99-143, eff. 7-27-15.)
(720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
Sec. 24-3.2. Unlawful discharge of firearm projectiles.
(a) A person commits the offense of unlawful discharge of
firearm projectiles when he or she knowingly or recklessly
uses an armor piercing bullet, dragon's breath shotgun shell,
bolo shell, or flechette shell in violation of this Section.

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For purposes of this Section:
"Armor piercing bullet" means any handgun bullet or
handgun ammunition with projectiles or projectile cores
constructed entirely (excluding the presence of traces of
other substances) from tungsten alloys, steel, iron, brass,
bronze, beryllium copper or depleted uranium, or fully
jacketed bullets larger than 22 caliber whose jacket has a
weight of more than 25% of the total weight of the projectile,
and excluding those handgun projectiles whose cores are
composed of soft materials such as lead or lead alloys, zinc or
zinc alloys, frangible projectiles designed primarily for
sporting purposes, and any other projectiles or projectile
cores that the U. S. Secretary of the Treasury finds to be
primarily intended to be used for sporting purposes or
industrial purposes or that otherwise does not constitute
"armor piercing ammunition" as that term is defined by federal
law.
"Dragon's breath shotgun shell" means any shotgun shell
that contains exothermic pyrophoric mesh metal as the
projectile and is designed for the purpose of throwing or
spewing a flame or fireball to simulate a flame-thrower.
"Bolo shell" means any shell that can be fired in a firearm
and expels as projectiles 2 or more metal balls connected by
solid metal wire.
"Flechette shell" means any shell that can be fired in a
firearm and expels 2 or more pieces of fin-stabilized solid

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metal wire or 2 or more solid dart-type projectiles.
(b) A person commits a Class X felony when he or she,
knowing that a firearm, as defined in Section 1.1 of the
Firearm Owners Identification Card Act, is loaded with an
armor piercing bullet, dragon's breath shotgun shell, bolo
shell, or flechette shell, intentionally or recklessly
discharges such firearm and such bullet or shell strikes any
other person.
(c) Any person who possesses, concealed on or about his or
her person, an armor piercing bullet, dragon's breath shotgun
shell, bolo shell, or flechette shell and a firearm suitable
for the discharge thereof is guilty of a Class 2 felony.
(d) This Section does not apply to or affect any of the
following:
(1) Peace officers;
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense;
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard while in
the performance of their official duties;
(4) Federal officials required to carry firearms,
while engaged in the performance of their official duties;
(5) United States Marshals, while engaged in the
performance of their official duties.
(Source: P.A. 92-423, eff. 1-1-02.)

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(720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
(a) It shall be unlawful for any person who holds a license
to sell at retail any alcoholic liquor issued by the Illinois
Liquor Control Commission or local liquor control commissioner
under the Liquor Control Act of 1934 or an agent or employee of
the licensee to sell or deliver to any other person a firearm
in or on the real property of the establishment where the
licensee is licensed to sell alcoholic liquors unless the sale
or delivery of the firearm is otherwise lawful under this
Article and under the Firearm Owners Identification Card Act.
(b) Sentence. A violation of subsection (a) of this
Section is a Class 4 felony.
(Source: P.A. 87-591.)
(720 ILCS 5/24-3.5)
Sec. 24-3.5. Unlawful purchase of a firearm.
(a) For purposes of this Section, "firearms transaction
record form" means a form:
(1) executed by a transferee of a firearm stating: (i)
the transferee's name and address (including county or
similar political subdivision); (ii) whether the
transferee is a citizen of the United States; (iii) the
transferee's State of residence; and (iv) the date and
place of birth, height, weight, and race of the

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transferee; and
(2) on which the transferee certifies that he or she
is not prohibited by federal law from transporting or
shipping a firearm in interstate or foreign commerce or
receiving a firearm that has been shipped or transported
in interstate or foreign commerce or possessing a firearm
in or affecting commerce.
(b) A person commits the offense of unlawful purchase of a
firearm who knowingly purchases or attempts to purchase a
firearm with the intent to deliver that firearm to another
person who is prohibited by federal or State law from
possessing a firearm.
(c) A person commits the offense of unlawful purchase of a
firearm when he or she, in purchasing or attempting to
purchase a firearm, intentionally provides false or misleading
information on a United States Department of the Treasury,
Bureau of Alcohol, Tobacco and Firearms firearms transaction
record form.
(d) Exemption. It is not a violation of subsection (b) of
this Section for a person to make a gift or loan of a firearm
to a person who is not prohibited by federal or State law from
possessing a firearm if the transfer of the firearm is made in
accordance with Section 3 of the Firearm Owners Identification
Card Act.
(e) Sentence.
(1) A person who commits the offense of unlawful

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purchase of a firearm:
(A) is guilty of a Class 2 felony for purchasing or
attempting to purchase one firearm;
(B) is guilty of a Class 1 felony for purchasing or
attempting to purchase not less than 2 firearms and
not more than 5 firearms at the same time or within a
one year period;
(C) is guilty of a Class X felony for which the
offender shall be sentenced to a term of imprisonment
of not less than 9 years and not more than 40 years for
purchasing or attempting to purchase not less than 6
firearms at the same time or within a 2 year period.
(2) In addition to any other penalty that may be
imposed for a violation of this Section, the court may
sentence a person convicted of a violation of subsection
(c) of this Section to a fine not to exceed $250,000 for
each violation.
(f) A prosecution for unlawful purchase of a firearm may
be commenced within 6 years after the commission of the
offense.
(Source: P.A. 95-882, eff. 1-1-09.)
(720 ILCS 5/24-3B)
Sec. 24-3B. Firearms trafficking.
(a) A person commits firearms trafficking when he or she
is prohibited under federal or State law from possessing a

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firearm has not been issued a currently valid Firearm Owner's
Identification Card and knowingly:
(1) brings, or causes to be brought, into this State,
a firearm or firearm ammunition for the purpose of sale,
delivery, or transfer to any other person or with the
intent to sell, deliver, or transfer the firearm or
firearm ammunition to any other person; or
(2) brings, or causes to be brought, into this State,
a firearm and firearm ammunition for the purpose of sale,
delivery, or transfer to any other person or with the
intent to sell, deliver, or transfer the firearm and
firearm ammunition to any other person.
(a-5) (Blank). This Section does not apply to:
(1) a person exempt under Section 2 of the Firearm
Owners Identification Card Act from the requirement of
having possession of a Firearm Owner's Identification Card
previously issued in his or her name by the Illinois State
Police in order to acquire or possess a firearm or firearm
ammunition;
(2) a common carrier under subsection (i) of Section
24-2 of this Code; or
(3) a non-resident who may lawfully possess a firearm
in his or her resident state.
(b) Sentence.
(1) Firearms trafficking is a Class 1 felony for which
the person, if sentenced to a term of imprisonment, shall

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be sentenced to not less than 4 years and not more than 20
years.
(2) Firearms trafficking by a person who has been
previously convicted of firearms trafficking, gunrunning,
or a felony offense for the unlawful sale, delivery, or
transfer of a firearm or firearm ammunition in this State
or another jurisdiction is a Class X felony.
(Source: P.A. 102-538, eff. 8-20-21.)
(720 ILCS 5/24-4.1)
Sec. 24-4.1. Report of lost or stolen firearms.
(a) If a person who possesses a valid Firearm Owner's
Identification Card and who possesses or acquires a firearm
thereafter loses the firearm, or if the firearm is stolen from
the person, the person must report the loss or theft to the
local law enforcement agency within 72 hours after obtaining
knowledge of the loss or theft.
(b) A law enforcement agency having jurisdiction shall
take a written report and shall, as soon as practical, enter
the firearm's serial number as stolen into the Law Enforcement
Agencies Data System (LEADS).
(c) A person shall not be in violation of this Section if:
(1) the failure to report is due to an act of God, act
of war, or inability of a law enforcement agency to
receive the report;
(2) the person is hospitalized, in a coma, or is

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otherwise seriously physically or mentally impaired as to
prevent the person from reporting; or
(3) the person's designee makes a report if the person
is unable to make the report.
(d) Sentence. A person who violates this Section is guilty
of a petty offense for a first violation. A second or
subsequent violation of this Section is a Class A misdemeanor.
(Source: P.A. 98-508, eff. 8-19-13.)
(720 ILCS 5/24-4.5 new)
Sec. 24-4.5. Dial up system.
(a) The Illinois State Police shall provide a dial up
telephone system or utilize other existing technology which
shall be used by any federally licensed firearm dealer, gun
show promoter, or gun show vendor who is to transfer a firearm,
stun gun, or taser under the provisions of this Code. The
Illinois State Police may utilize existing technology which
allows the caller to be charged a fee not to exceed $2. Fees
collected by the Illinois State Police shall be deposited in
the State Police Services Fund and used to provide the
service.
(b) Upon receiving a request from a federally licensed
firearm dealer, gun show promoter, or gun show vendor, the
Illinois State Police shall immediately approve, or within the
time period established by Section 24-3 of this Code regarding
the delivery of firearms, stun guns, and tasers notify the

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inquiring dealer, gun show promoter, or gun show vendor of any
objection that would disqualify the transferee from acquiring
or possessing a firearm, stun gun, or taser. In conducting the
inquiry, the Illinois State Police shall initiate and complete
an automated search of its criminal history record information
files and those of the Federal Bureau of Investigation,
including the National Instant Criminal Background Check
System, and of the files of the Department of Human Services
relating to mental health and developmental disabilities to
obtain any felony conviction or patient hospitalization
information which would disqualify a person from obtaining a
firearm.
(c) If receipt of a firearm would not violate Section 24-3
of this Code or federal law, the Illinois State Police shall:
(1) assign a unique identification number to the
transfer; and
(2) provide the licensee, gun show promoter, or gun
show vendor with the number.
(d) Approvals issued by the Illinois State Police for the
purchase of a firearm are valid for 30 days from the date of
issue.
(e)(1) The Illinois State Police must act as the Illinois
Point of Contact for the National Instant Criminal Background
Check System.
(2) The Illinois State Police and the Department of Human
Services shall, in accordance with State and federal law

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regarding confidentiality, enter into a memorandum of
understanding with the Federal Bureau of Investigation for the
purpose of implementing the National Instant Criminal
Background Check System in the State. The Department of State
Police shall report the name, date of birth, and physical
description of any person prohibited from possessing a firearm
under this Code or 18 U.S.C. 922(g) and (n) to the National
Instant Criminal Background Check System Index, Denied Persons
Files.
(f) The Illinois State Police shall adopt rules not
inconsistent with this Section to implement this system.
(720 ILCS 5/24-5.1)
Sec. 24-5.1. Serialization of unfinished frames or
receivers; prohibition on unserialized firearms; exceptions;
penalties.
(a) In this Section:
"Bona fide supplier" means an established business entity
engaged in the development and sale of firearms parts to one or
more federal firearms manufacturers or federal firearms
importers.
"Federal firearms dealer" means a licensed manufacturer
pursuant to 18 U.S.C. 921(a)(11).
"Federal firearms importer" means a licensed importer
pursuant to 18 U.S.C. 921(a)(9).
"Federal firearms manufacturer" means a licensed

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manufacturer pursuant to 18 U.S.C. 921(a)(10).
"Frame or receiver" means a part of a firearm that, when
the complete weapon is assembled, is visible from the exterior
and provides housing or a structure designed to hold or
integrate one or more fire control components, even if pins or
other attachments are required to connect those components to
the housing or structure. For models of firearms in which
multiple parts provide such housing or structure, the part or
parts that the Director of the federal Bureau of Alcohol,
Tobacco, Firearms and Explosives has determined are a frame or
receiver constitute the frame or receiver. For purposes of
this definition, "fire control component" means a component
necessary for the firearm to initiate, complete, or continue
the firing sequence, including any of the following: hammer,
bolt, bolt carrier, breechblock, cylinder, trigger mechanism,
firing pin, striker, or slide rails.
"Security exemplar" means an object to be fabricated at
the direction of the United States Attorney General that is
(1) constructed of 3.7 ounces of material type 17-4 PH
stainless steel in a shape resembling a handgun and (2)
suitable for testing and calibrating metal detectors.
"Three-dimensional printer" means a computer or
computer-drive machine capable of producing a
three-dimensional object from a digital model.
"Undetectable firearm" means (1) a firearm constructed
entirely of non-metal substances; (2) a firearm that, after

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removal of all parts but the major components of the firearm,
is not detectable by walk-through metal detectors calibrated
and operated to detect the security exemplar; or (3) a firearm
that includes a major component of a firearm, which, if
subject to the types of detection devices commonly used at
airports for security screening, would not generate an image
that accurately depicts the shape of the component.
"Undetectable firearm" does not include a firearm subject to
the provisions of 18 U.S.C. 922(p)(3) through (6).
"Unfinished frame or receiver" means any forging, casting,
printing, extrusion, machined body, or similar article that:
(1) has reached a stage in manufacture where it may
readily be completed, assembled, or converted to be a
functional firearm; or
(2) is marketed or sold to the public to become or be
used as the frame or receiver of a functional firearm once
completed, assembled, or converted.
"Unserialized" means lacking a serial number imprinted by:
(1) a federal firearms manufacturer, federal firearms
importer, federal firearms dealer, or other federal
licensee authorized to provide marking services, pursuant
to a requirement under federal law; or
(2) a federal firearms dealer or other federal
licensee authorized to provide marking services pursuant
to subsection (f) of this Section.
(b) It is unlawful for any person to knowingly sell, offer

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to sell, or transfer an unserialized unfinished frame or
receiver or unserialized firearm, including those produced
using a three-dimensional printer, unless the party purchasing
or receiving the unfinished frame or receiver or unserialized
firearm is a federal firearms importer, federal firearms
manufacturer, or federal firearms dealer.
(c) Beginning 180 days after the effective date of this
amendatory Act of the 102nd General Assembly, it is unlawful
for any person to knowingly possess, transport, or receive an
unfinished frame or receiver, unless:
(1) the party possessing or receiving the unfinished
frame or receiver is a federal firearms importer or
federal firearms manufacturer;
(2) the unfinished frame or receiver is possessed or
transported by a person for transfer to a federal firearms
importer or federal firearms manufacturer; or
(3) the unfinished frame or receiver has been
imprinted with a serial number issued by a federal
firearms importer or federal firearms manufacturer in
compliance with subsection (f) of this Section.
(d) Beginning 180 days after the effective date of this
amendatory Act of the 102nd General Assembly, unless the party
receiving the firearm is a federal firearms importer or
federal firearms manufacturer, it is unlawful for any person
to knowingly possess, purchase, transport, or receive a
firearm that is not imprinted with a serial number by (1) a

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federal firearms importer or federal firearms manufacturer in
compliance with all federal laws and regulations regulating
the manufacture and import of firearms or (2) a federal
firearms manufacturer, federal firearms dealer, or other
federal licensee authorized to provide marking services in
compliance with the unserialized firearm serialization process
under subsection (f) of this Section.
(e) Any firearm or unfinished frame or receiver
manufactured using a three-dimensional printer must also be
serialized in accordance with the requirements of subsection
(f) within 30 days after the effective date of this amendatory
Act of the 102nd General Assembly, or prior to reaching a stage
of manufacture where it may be readily completed, assembled,
or converted to be a functional firearm.
(f) Unserialized unfinished frames or receivers and
unserialized firearms serialized pursuant to this Section
shall be serialized in compliance with all of the following:
(1) An unserialized unfinished frame or receiver and
unserialized firearm shall be serialized by a federally
licensed firearms dealer or other federal licensee
authorized to provide marking services with the licensee's
abbreviated federal firearms license number as a prefix
(which is the first 3 and last 5 digits) followed by a
hyphen, and then followed by a number as a suffix, such as
12345678-(number). The serial number or numbers must be
placed in a manner that accords with the requirements

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under federal law for affixing serial numbers to firearms,
including the requirements that the serial number or
numbers be at the minimum size and depth, and not
susceptible to being readily obliterated, altered, or
removed, and the licensee must retain records that accord
with the requirements under federal law in the case of the
sale of a firearm. The imprinting of any serial number
upon a undetectable firearm must be done on a steel plaque
in compliance with 18 U.S.C. 922(p).
(2) Every federally licensed firearms dealer or other
federal licensee that engraves, casts, stamps, or
otherwise conspicuously and permanently places a unique
serial number pursuant to this Section shall maintain a
record of such indefinitely. Licensees subject to the
Firearm Dealer License Certification Act shall make all
records accessible for inspection upon the request of the
Illinois State Police or a law enforcement agency in
accordance with Section 5-35 of the Firearm Dealer License
Certification Act.
(3) Every federally licensed firearms dealer or other
federal licensee that engraves, casts, stamps, or
otherwise conspicuously and permanently places a unique
serial number pursuant to this Section shall record it at
the time of every transaction involving the transfer of a
firearm, rifle, shotgun, finished frame or receiver, or
unfinished frame or receiver that has been so marked in

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compliance with the federal guidelines set forth in 27 CFR
478.124.
(4) (Blank). Every federally licensed firearms dealer
or other federal licensee that engraves, casts, stamps, or
otherwise conspicuously and permanently places a unique
serial number pursuant to this Section shall review and
confirm the validity of the owner's Firearm Owner's
Identification Card issued under the Firearm Owners
Identification Card Act prior to returning the firearm to
the owner.
(g) Within 30 days after the effective date of this
amendatory Act of the 102nd General Assembly, the Director of
the Illinois State Police shall issue a public notice
regarding the provisions of this Section. The notice shall
include posting on the Illinois State Police website and may
include written notification or any other means of
communication statewide to all Illinois-based federal firearms
manufacturers, federal firearms dealers, or other federal
licensees authorized to provide marking services in compliance
with the serialization process in subsection (f) in order to
educate the public.
(h) Exceptions. This Section does not apply to an
unserialized unfinished frame or receiver or an unserialized
firearm that:
(1) has been rendered permanently inoperable;
(2) is an antique firearm, as defined in 18 U.S.C.

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921(a)(16);
(3) was manufactured prior to October 22, 1968;
(4) is an unfinished frame or receiver and is
possessed by a bona fide supplier exclusively for transfer
to a federal firearms manufacturer or federal firearms
importer, or is possessed by a federal firearms
manufacturer or federal firearms importer in compliance
with all federal laws and regulations regulating the
manufacture and import of firearms; except this exemption
does not apply if an unfinished frame or receiver is
possessed for transfer or is transferred to a person other
than a federal firearms manufacturer or federal firearms
importer; or
(5) is possessed by a person who received the
unserialized unfinished frame or receiver or unserialized
firearm through inheritance, and is not otherwise
prohibited from possessing the unserialized unfinished
frame or receiver or unserialized firearm, for a period
not exceeding 30 days after inheriting the unserialized
unfinished frame or receiver or unserialized firearm.
(i) Penalties.
(1) A person who violates subsection (c) or (d) is
guilty of a Class A misdemeanor for a first violation and
is guilty of a Class 3 felony for a second or subsequent
violation.
(2) A person who violates subsection (b) is guilty of

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a Class 4 felony for a first violation and is guilty of a
Class 2 felony for a second or subsequent violation.
(Source: P.A. 102-889, eff. 5-18-22.)
(720 ILCS 5/24-9)
Sec. 24-9. Firearms; Child Protection.
(a) Except as provided in subsection (c), it is unlawful
for any person to store or leave, within premises under his or
her control, a firearm if the person knows or has reason to
believe that a minor under the age of 14 years who does not
have a Firearm Owners Identification Card is likely to gain
access to the firearm without the lawful permission of the
person possessing the firearm, minor's parent, guardian, or
person having charge of the minor, and the minor causes death
or great bodily harm with the firearm, unless the firearm is:
(1) secured by a device or mechanism, other than the
firearm safety, designed to render a firearm temporarily
inoperable; or
(2) placed in a securely locked box or container; or
(3) placed in some other location that a reasonable
person would believe to be secure from a minor under the
age of 14 years.
(b) Sentence. A person who violates this Section is guilty
of a Class C misdemeanor and shall be fined not less than
$1,000. A second or subsequent violation of this Section is a
Class A misdemeanor.

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(c) Subsection (a) does not apply:
(1) if the minor under 14 years of age gains access to
a firearm and uses it in a lawful act of self-defense or
defense of another; or
(2) to any firearm obtained by a minor under the age of
14 because of an unlawful entry of the premises by the
minor or another person.
(d) (Blank). For the purposes of this Section, "firearm"
has the meaning ascribed to it in Section 1.1 of the Firearm
Owners Identification Card Act.
(Source: P.A. 91-18, eff. 1-1-00.)
Section 80. The Methamphetamine Control and Community
Protection Act is amended by changing Section 10 as follows:
(720 ILCS 646/10)
Sec. 10. Definitions. As used in this Act:
"Anhydrous ammonia" has the meaning provided in subsection
(d) of Section 3 of the Illinois Fertilizer Act of 1961.
"Anhydrous ammonia equipment" means all items used to
store, hold, contain, handle, transfer, transport, or apply
anhydrous ammonia for lawful purposes.
"Booby trap" means any device designed to cause physical
injury when triggered by an act of a person approaching,
entering, or moving through a structure, a vehicle, or any
location where methamphetamine has been manufactured, is being

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manufactured, or is intended to be manufactured.
"Deliver" or "delivery" has the meaning provided in
subsection (h) of Section 102 of the Illinois Controlled
Substances Act.
"Director" means the Director of the Illinois State Police
or the Director's designated agents.
"Dispose" or "disposal" means to abandon, discharge,
release, deposit, inject, dump, spill, leak, or place
methamphetamine waste onto or into any land, water, or well of
any type so that the waste has the potential to enter the
environment, be emitted into the air, or be discharged into
the soil or any waters, including groundwater.
"Emergency response" means the act of collecting evidence
from or securing a methamphetamine laboratory site,
methamphetamine waste site or other methamphetamine-related
site and cleaning up the site, whether these actions are
performed by public entities or private contractors paid by
public entities.
"Emergency service provider" means a local, State, or
federal peace officer, firefighter, emergency medical
technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, or other medical or
first aid personnel rendering aid, or any agent or designee of
the foregoing.
"Finished methamphetamine" means methamphetamine in a form

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commonly used for personal consumption.
"Firearm" has the meaning provided in Section 2-7.5 of the
Criminal Code of 2012 1.1 of the Firearm Owners Identification
Card Act.
"Manufacture" means to produce, prepare, compound,
convert, process, synthesize, concentrate, purify, separate,
extract, or package any methamphetamine, methamphetamine
precursor, methamphetamine manufacturing catalyst,
methamphetamine manufacturing reagent, methamphetamine
manufacturing solvent, or any substance containing any of the
foregoing.
"Methamphetamine" means the chemical methamphetamine (a
Schedule II controlled substance under the Illinois Controlled
Substances Act) or any salt, optical isomer, salt of optical
isomer, or analog thereof, with the exception of
3,4-Methylenedioxymethamphetamine (MDMA) or any other
scheduled substance with a separate listing under the Illinois
Controlled Substances Act.
"Methamphetamine manufacturing catalyst" means any
substance that has been used, is being used, or is intended to
be used to activate, accelerate, extend, or improve a chemical
reaction involved in the manufacture of methamphetamine.
"Methamphetamine manufacturing environment" means a
structure or vehicle in which:
(1) methamphetamine is being or has been manufactured;
(2) chemicals that are being used, have been used, or

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are intended to be used to manufacture methamphetamine are
stored;
(3) methamphetamine manufacturing materials that have
been used to manufacture methamphetamine are stored; or
(4) methamphetamine manufacturing waste is stored.
"Methamphetamine manufacturing material" means any
methamphetamine precursor, substance containing any
methamphetamine precursor, methamphetamine manufacturing
catalyst, substance containing any methamphetamine
manufacturing catalyst, methamphetamine manufacturing
reagent, substance containing any methamphetamine
manufacturing reagent, methamphetamine manufacturing solvent,
substance containing any methamphetamine manufacturing
solvent, or any other chemical, substance, ingredient,
equipment, apparatus, or item that is being used, has been
used, or is intended to be used in the manufacture of
methamphetamine.
"Methamphetamine manufacturing reagent" means any
substance other than a methamphetamine manufacturing catalyst
that has been used, is being used, or is intended to be used to
react with and chemically alter any methamphetamine precursor.
"Methamphetamine manufacturing solvent" means any
substance that has been used, is being used, or is intended to
be used as a medium in which any methamphetamine precursor,
methamphetamine manufacturing catalyst, methamphetamine
manufacturing reagent, or any substance containing any of the

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foregoing is dissolved, diluted, or washed during any part of
the methamphetamine manufacturing process.
"Methamphetamine manufacturing waste" means any chemical,
substance, ingredient, equipment, apparatus, or item that is
left over from, results from, or is produced by the process of
manufacturing methamphetamine, other than finished
methamphetamine.
"Methamphetamine precursor" means ephedrine,
pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
isomer, or salt of an optical isomer of any of these chemicals.
"Multi-unit dwelling" means a unified structure used or
intended for use as a habitation, home, or residence that
contains 2 or more condominiums, apartments, hotel rooms,
motel rooms, or other living units.
"Package" means an item marked for retail sale that is not
designed to be further broken down or subdivided for the
purpose of retail sale.
"Participate" or "participation" in the manufacture of
methamphetamine means to produce, prepare, compound, convert,
process, synthesize, concentrate, purify, separate, extract,
or package any methamphetamine, methamphetamine precursor,
methamphetamine manufacturing catalyst, methamphetamine
manufacturing reagent, methamphetamine manufacturing solvent,
or any substance containing any of the foregoing, or to assist
in any of these actions, or to attempt to take any of these

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actions, regardless of whether this action or these actions
result in the production of finished methamphetamine.
"Person with a disability" means a person who suffers from
a permanent physical or mental impairment resulting from
disease, injury, functional disorder, or congenital condition
which renders the person incapable of adequately providing for
his or her own health and personal care.
"Procure" means to purchase, steal, gather, or otherwise
obtain, by legal or illegal means, or to cause another to take
such action.
"Second or subsequent offense" means an offense under this
Act committed by an offender who previously committed an
offense under this Act, the Illinois Controlled Substances
Act, the Cannabis Control Act, or another Act of this State,
another state, or the United States relating to
methamphetamine, cannabis, or any other controlled substance.
"Standard dosage form", as used in relation to any
methamphetamine precursor, means that the methamphetamine
precursor is contained in a pill, tablet, capsule, caplet, gel
cap, or liquid cap that has been manufactured by a lawful
entity and contains a standard quantity of methamphetamine
precursor.
"Unauthorized container", as used in relation to anhydrous
ammonia, means any container that is not designed for the
specific and sole purpose of holding, storing, transporting,
or applying anhydrous ammonia. "Unauthorized container"

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includes, but is not limited to, any propane tank, fire
extinguisher, oxygen cylinder, gasoline can, food or beverage
cooler, or compressed gas cylinder used in dispensing fountain
drinks. "Unauthorized container" does not encompass anhydrous
ammonia manufacturing plants, refrigeration systems where
anhydrous ammonia is used solely as a refrigerant, anhydrous
ammonia transportation pipelines, anhydrous ammonia tankers,
or anhydrous ammonia barges.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 85. The Code of Criminal Procedure of 1963 is
amended by changing Sections 102-7.1, 110-10, 112A-11.1,
112A-11.2, 112A-14, and 112A-14.7 as follows:
(725 ILCS 5/102-7.1)
(Text of Section before amendment by P.A. 102-982)
Sec. 102-7.1. "Category A offense". "Category A offense"
means a Class 1 felony, Class 2 felony, Class X felony, first
degree murder, a violation of Section 11-204 of the Illinois
Vehicle Code, a second or subsequent violation of Section
11-501 of the Illinois Vehicle Code, a violation of subsection
(d) of Section 11-501 of the Illinois Vehicle Code, a
violation of Section 11-401 of the Illinois Vehicle Code if
the accident results in injury and the person failed to report
the accident within 30 minutes, a violation of Section 9-3,
9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,

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11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a
second or subsequent violation of 12-3.2 or 12-3.4 of the
Criminal Code of 2012, a violation of paragraph (5) or (6) of
subsection (b) of Section 10-9 of the Criminal Code of 2012, a
violation of subsection (b) or (c) or paragraph (1) or (2) of
subsection (a) of Section 11-1.50 of the Criminal Code of
2012, a violation of Section 12-7 of the Criminal Code of 2012
if the defendant inflicts bodily harm on the victim to obtain a
confession, statement, or information, a violation of Section
12-7.5 of the Criminal Code of 2012 if the action results in
bodily harm, a violation of paragraph (3) of subsection (b) of
Section 17-2 of the Criminal Code of 2012, a violation of
subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
2012, a violation of paragraph (6) of subsection (a) of
Section 24-1 of the Criminal Code of 2012, a first violation of
Section 24-1.6 of the Criminal Code of 2012 by a person 18
years of age or older where the factors listed in both items
(A) and (C) or both items (A-5) and (C) of paragraph (3) of
subsection (a) of Section 24-1.6 of the Criminal Code of 2012
are present, a Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act committed before the effective date of
this amendatory Act of the 103rd General Assembly, or a
violation of Section 10 of the Sex Offender Registration Act.

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(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
(Text of Section after amendment by P.A. 102-982)
Sec. 102-7.1. "Category A offense". "Category A offense"
means a Class 1 felony, Class 2 felony, Class X felony, first
degree murder, a violation of Section 11-204 of the Illinois
Vehicle Code, a second or subsequent violation of Section
11-501 of the Illinois Vehicle Code, a violation of subsection
(d) of Section 11-501 of the Illinois Vehicle Code, a
violation of Section 11-401 of the Illinois Vehicle Code if
the crash results in injury and the person failed to report the
crash within 30 minutes, a violation of Section 9-3, 9-3.4,
10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25,
12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6,
12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3,
25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or
subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code
of 2012, a violation of paragraph (5) or (6) of subsection (b)
of Section 10-9 of the Criminal Code of 2012, a violation of
subsection (b) or (c) or paragraph (1) or (2) of subsection (a)
of Section 11-1.50 of the Criminal Code of 2012, a violation of
Section 12-7 of the Criminal Code of 2012 if the defendant
inflicts bodily harm on the victim to obtain a confession,
statement, or information, a violation of Section 12-7.5 of
the Criminal Code of 2012 if the action results in bodily harm,
a violation of paragraph (3) of subsection (b) of Section 17-2

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of the Criminal Code of 2012, a violation of subdivision
(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a
violation of paragraph (6) of subsection (a) of Section 24-1
of the Criminal Code of 2012, a first violation of Section
24-1.6 of the Criminal Code of 2012 by a person 18 years of age
or older where the factors listed in both items (A) and (C) or
both items (A-5) and (C) of paragraph (3) of subsection (a) of
Section 24-1.6 of the Criminal Code of 2012 are present, a
Class 3 felony violation of paragraph (1) of subsection (a) of
Section 2 of the Firearm Owners Identification Card Act
committed before the effective date of this amendatory Act of
the 103rd General Assembly, or a violation of Section 10 of the
Sex Offender Registration Act.
(Source: P.A. 102-982, eff. 7-1-23.)
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of pretrial release.
(a) If a person is released prior to conviction, the
conditions of pretrial release shall be that he or she will:
(1) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered by
the court until discharged or final order of the court;
(2) Submit himself or herself to the orders and
process of the court;
(3) (Blank);
(4) Not violate any criminal statute of any

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jurisdiction;
(5) At a time and place designated by the court,
surrender all firearms in his or her possession to a law
enforcement officer designated by the court to take
custody of and impound the firearms and physically
surrender his or her Firearm Owner's Identification Card
to the clerk of the circuit court when the offense the
person has been charged with is a forcible felony,
stalking, aggravated stalking, domestic battery, any
violation of the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or
the Cannabis Control Act that is classified as a Class 2 or
greater felony, or any felony violation of Article 24 of
the Criminal Code of 1961 or the Criminal Code of 2012; the
court may, however, forgo the imposition of this condition
when the circumstances of the case clearly do not warrant
it or when its imposition would be impractical; if the
Firearm Owner's Identification Card is confiscated, the
clerk of the circuit court shall mail the confiscated card
to the Illinois State Police; all legally possessed
firearms shall be returned to the person upon the charges
being dismissed, or if the person is found not guilty,
unless the finding of not guilty is by reason of insanity;
and
(6) At a time and place designated by the court,
submit to a psychological evaluation when the person has

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been charged with a violation of item (4) of subsection
(a) of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012 and that violation occurred in a
school or in any conveyance owned, leased, or contracted
by a school to transport students to or from school or a
school-related activity, or on any public way within 1,000
feet of real property comprising any school.
Psychological evaluations ordered pursuant to this Section
shall be completed promptly and made available to the State,
the defendant, and the court. As a further condition of
pretrial release under these circumstances, the court shall
order the defendant to refrain from entering upon the property
of the school, including any conveyance owned, leased, or
contracted by a school to transport students to or from school
or a school-related activity, or on any public way within
1,000 feet of real property comprising any school. Upon
receipt of the psychological evaluation, either the State or
the defendant may request a change in the conditions of
pretrial release, pursuant to Section 110-6 of this Code. The
court may change the conditions of pretrial release to include
a requirement that the defendant follow the recommendations of
the psychological evaluation, including undergoing psychiatric
treatment. The conclusions of the psychological evaluation and
any statements elicited from the defendant during its
administration are not admissible as evidence of guilt during
the course of any trial on the charged offense, unless the

SB2136 - 295 - LRB103 27172 RLC 53542 b
defendant places his or her mental competency in issue.
(b) Additional conditions of release shall be set only
when it is determined that they are necessary to ensure the
defendant's appearance in court, ensure the defendant does not
commit any criminal offense, ensure the defendant complies
with all conditions of pretrial release, prevent the
defendant's unlawful interference with the orderly
administration of justice, or ensure compliance with the rules
and procedures of problem solving courts. However, conditions
shall include the least restrictive means and be
individualized. Conditions shall not mandate rehabilitative
services unless directly tied to the risk of pretrial
misconduct. Conditions of supervision shall not include
punitive measures such as community service work or
restitution. Conditions may include the following:
(0.05) Not depart this State without leave of the
court;
(1) Report to or appear in person before such person
or agency as the court may direct;
(2) Refrain from possessing a firearm or other
dangerous weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described geographic
areas or premises;
(5) Be placed under direct supervision of the Pretrial

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Services Agency, Probation Department or Court Services
Department in a pretrial home supervision capacity with or
without the use of an approved electronic monitoring
device subject to Article 8A of Chapter V of the Unified
Code of Corrections;
(6) For persons charged with violating Section 11-501
of the Illinois Vehicle Code, refrain from operating a
motor vehicle not equipped with an ignition interlock
device, as defined in Section 1-129.1 of the Illinois
Vehicle Code, pursuant to the rules promulgated by the
Secretary of State for the installation of ignition
interlock devices. Under this condition the court may
allow a defendant who is not self-employed to operate a
vehicle owned by the defendant's employer that is not
equipped with an ignition interlock device in the course
and scope of the defendant's employment;
(7) Comply with the terms and conditions of an order
of protection issued by the court under the Illinois
Domestic Violence Act of 1986 or an order of protection
issued by the court of another state, tribe, or United
States territory;
(8) Sign a written admonishment requiring that he or
she comply with the provisions of Section 110-12 regarding
any change in his or her address. The defendant's address
shall at all times remain a matter of record with the clerk
of the court; and

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(9) Such other reasonable conditions as the court may
impose, so long as these conditions are the least
restrictive means to achieve the goals listed in
subsection (b), are individualized, and are in accordance
with national best practices as detailed in the Pretrial
Supervision Standards of the Supreme Court.
The defendant shall receive verbal and written
notification of conditions of pretrial release and future
court dates, including the date, time, and location of court.
(c) When a person is charged with an offense under Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, involving a victim who is a minor under
18 years of age living in the same household with the defendant
at the time of the offense, in releasing the defendant, the
judge shall impose conditions to restrict the defendant's
access to the victim which may include, but are not limited to
conditions that he will:
1. Vacate the household.
2. Make payment of temporary support to his
dependents.
3. Refrain from contact or communication with the
child victim, except as ordered by the court.
(d) When a person is charged with a criminal offense and
the victim is a family or household member as defined in
Article 112A, conditions shall be imposed at the time of the

SB2136 - 298 - LRB103 27172 RLC 53542 b
defendant's release that restrict the defendant's access to
the victim. Unless provided otherwise by the court, the
restrictions shall include requirements that the defendant do
the following:
(1) refrain from contact or communication with the
victim for a minimum period of 72 hours following the
defendant's release; and
(2) refrain from entering or remaining at the victim's
residence for a minimum period of 72 hours following the
defendant's release.
(e) Local law enforcement agencies shall develop
standardized pretrial release forms for use in cases involving
family or household members as defined in Article 112A,
including specific conditions of pretrial release as provided
in subsection (d). Failure of any law enforcement department
to develop or use those forms shall in no way limit the
applicability and enforcement of subsections (d) and (f).
(f) If the defendant is released after conviction
following appeal or other post-conviction proceeding, the
conditions of the pretrial release shall be that he will, in
addition to the conditions set forth in subsections (a) and
(b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may
direct;
(3) Not depart this State without leave of the court;

SB2136 - 299 - LRB103 27172 RLC 53542 b
(4) Comply with such other reasonable conditions as
the court may impose; and
(5) If the judgment is affirmed or the cause reversed
and remanded for a new trial, forthwith surrender to the
officer from whose custody he was released.
(g) Upon a finding of guilty for any felony offense, the
defendant shall physically surrender, at a time and place
designated by the court, any and all firearms in his or her
possession and his or her Firearm Owner's Identification Card
as a condition of being released pending sentencing.
(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23;
102-1104, eff. 1-1-23.)
(725 ILCS 5/112A-11.1)
Sec. 112A-11.1. Procedure for determining whether certain
misdemeanor crimes are crimes of domestic violence for
purposes of federal law.
(a) When a defendant has been charged with a violation of
Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
Criminal Code of 1961 or the Criminal Code of 2012, the State
may, at arraignment or no later than 45 days after
arraignment, for the purpose of notification to the Illinois
State Police Firearm Owner's Identification Card Office, serve
on the defendant and file with the court a notice alleging that
conviction of the offense would subject the defendant to the
prohibitions of 18 U.S.C. 922(g)(9) because of the

SB2136 - 300 - LRB103 27172 RLC 53542 b
relationship between the defendant and the alleged victim and
the nature of the alleged offense.
(b) The notice shall include the name of the person
alleged to be the victim of the crime and shall specify the
nature of the alleged relationship as set forth in 18 U.S.C.
921(a)(33)(A)(ii). It shall also specify the element of the
charged offense which requires the use or attempted use of
physical force, or the threatened use of a deadly weapon, as
set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
notice that the defendant is entitled to a hearing on the
allegation contained in the notice and that if the allegation
is sustained, that determination and conviction shall be
reported to the Illinois State Police Firearm Owner's
Identification Card Office.
(c) After having been notified as provided in subsection
(b) of this Section, the defendant may stipulate or admit,
orally on the record or in writing, that conviction of the
offense would subject the defendant to the prohibitions of 18
U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
922(g)(9) shall be deemed established for purposes of Section
112A-11.2. If the defendant denies the applicability of 18
U.S.C. 922(g)(9) as alleged in the notice served by the State,
or stands mute with respect to that allegation, then the State
shall bear the burden to prove beyond a reasonable doubt that
the offense is one to which the prohibitions of 18 U.S.C.
922(g)(9) apply. The court may consider reliable hearsay

SB2136 - 301 - LRB103 27172 RLC 53542 b
evidence submitted by either party provided that it is
relevant to the determination of the allegation. Facts
previously proven at trial or elicited at the time of entry of
a plea of guilty shall be deemed established beyond a
reasonable doubt and shall not be relitigated. At the
conclusion of the hearing, or upon a stipulation or admission,
as applicable, the court shall make a specific written
determination with respect to the allegation.
(Source: P.A. 102-538, eff. 8-20-21.)
(725 ILCS 5/112A-11.2)
Sec. 112A-11.2. Notification to the Illinois State Police
Firearm Owner's Identification Card Office of determinations
in certain misdemeanor cases. Upon judgment of conviction of a
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
12-3.5 of the Criminal Code of 1961 or the Criminal Code of
2012 when the defendant has been determined, under Section
112A-11.1, to be subject to the prohibitions of 18 U.S.C.
922(g)(9), the circuit court clerk shall include notification
and a copy of the written determination in a report of the
conviction to the Illinois State Police Firearm Owner's
Identification Card Office to enable the office to report that
determination to the Federal Bureau of Investigation and
assist the Bureau in identifying persons prohibited from
purchasing and possessing a firearm pursuant to the provisions
of 18 U.S.C. 922.

SB2136 - 302 - LRB103 27172 RLC 53542 b
(Source: P.A. 102-538, eff. 8-20-21.)
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Domestic violence order of protection;
remedies.
(a) (Blank).
(b) The court may order any of the remedies listed in this
subsection (b). The remedies listed in this subsection (b)
shall be in addition to other civil or criminal remedies
available to petitioner.
(1) Prohibition of abuse. Prohibit respondent's
harassment, interference with personal liberty,
intimidation of a dependent, physical abuse, or willful
deprivation, as defined in this Article, if such abuse has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in subsection (c-2) of
Section 501 of the Illinois Marriage and Dissolution of
Marriage Act.

SB2136 - 303 - LRB103 27172 RLC 53542 b
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i)
the hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor

SB2136 - 304 - LRB103 27172 RLC 53542 b
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other
person protected by the domestic violence order of
protection, or prohibit respondent from entering or
remaining present at petitioner's school, place of
employment, or other specified places at times when
petitioner is present, or both, if reasonable, given the
balance of hardships. Hardships need not be balanced for
the court to enter a stay away order or prohibit entry if
respondent has no right to enter the premises.
(A) If a domestic violence order of protection
grants petitioner exclusive possession of the
residence, prohibits respondent from entering the
residence, or orders respondent to stay away from
petitioner or other protected persons, then the court
may allow respondent access to the residence to remove

SB2136 - 305 - LRB103 27172 RLC 53542 b
items of clothing and personal adornment used
exclusively by respondent, medications, and other
items as the court directs. The right to access shall
be exercised on only one occasion as the court directs
and in the presence of an agreed-upon adult third
party or law enforcement officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing a
domestic violence order of protection and providing
relief shall consider the severity of the act, any
continuing physical danger or emotional distress to
the petitioner, the educational rights guaranteed to
the petitioner and respondent under federal and State
law, the availability of a transfer of the respondent
to another school, a change of placement or a change of
program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a
transfer of the respondent to another school, and any
other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended
by the petitioner, order that the respondent accept a
change of placement or change of program, as
determined by the school district or private or
non-public school, or place restrictions on the

SB2136 - 306 - LRB103 27172 RLC 53542 b
respondent's movements within the school attended by
the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a
transfer, change of placement, or change of program of
the respondent is not available. The respondent also
bears the burden of production with respect to the
expense, difficulty, and educational disruption that
would be caused by a transfer of the respondent to
another school. A transfer, change of placement, or
change of program is not unavailable to the respondent
solely on the ground that the respondent does not
agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. If the
court order results in a transfer of the minor

SB2136 - 307 - LRB103 27172 RLC 53542 b
respondent to another attendance center, a change in
the respondent's placement, or a change of the
respondent's program, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. If
the court orders a transfer of the respondent to
another school, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist,
psychiatrist, family service agency, alcohol or substance
abuse program, mental health center guidance counselor,
agency providing services to elders, program designed for
domestic violence abusers, or any other guidance service
the court deems appropriate. The court may order the
respondent in any intimate partner relationship to report
to an Illinois Department of Human Services protocol
approved partner abuse intervention program for an

SB2136 - 308 - LRB103 27172 RLC 53542 b
assessment and to follow all recommended treatment.
(5) Physical care and possession of the minor child.
In order to protect the minor child from abuse, neglect,
or unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.
If the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding physical care to
respondent would not be in the minor child's best
interest.
(6) Temporary allocation of parental responsibilities
and significant decision-making responsibilities. Award
temporary significant decision-making responsibility to
petitioner in accordance with this Section, the Illinois
Marriage and Dissolution of Marriage Act, the Illinois
Parentage Act of 2015, and this State's Uniform
Child-Custody Jurisdiction and Enforcement Act.
If the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding temporary

SB2136 - 309 - LRB103 27172 RLC 53542 b
significant decision-making responsibility to respondent
would not be in the child's best interest.
(7) Parenting time. Determine the parenting time, if
any, of respondent in any case in which the court awards
physical care or temporary significant decision-making
responsibility of a minor child to petitioner. The court
shall restrict or deny respondent's parenting time with a
minor child if the court finds that respondent has done or
is likely to do any of the following:
(i) abuse or endanger the minor child during
parenting time;
(ii) use the parenting time as an opportunity to
abuse or harass petitioner or petitioner's family or
household members;
(iii) improperly conceal or detain the minor
child; or
(iv) otherwise act in a manner that is not in the
best interests of the minor child.
The court shall not be limited by the standards set
forth in Section 603.10 of the Illinois Marriage and
Dissolution of Marriage Act. If the court grants parenting
time, the order shall specify dates and times for the
parenting time to take place or other specific parameters
or conditions that are appropriate. No order for parenting
time shall refer merely to the term "reasonable parenting
time". Petitioner may deny respondent access to the minor

SB2136 - 310 - LRB103 27172 RLC 53542 b
child if, when respondent arrives for parenting time,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving
in a violent or abusive manner. If necessary to protect
any member of petitioner's family or household from future
abuse, respondent shall be prohibited from coming to
petitioner's residence to meet the minor child for
parenting time, and the petitioner and respondent shall
submit to the court their recommendations for reasonable
alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return
the child to the custody or care of the petitioner, or to
permit any court-ordered interview or examination of the
child or the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to

SB2136 - 311 - LRB103 27172 RLC 53542 b
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the petitioner and respondent own the
property jointly; sharing it would risk abuse of
petitioner by respondent or is impracticable; and the
balance of hardships favors temporary possession by
petitioner.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
award petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging, or otherwise disposing of any real or personal
property, except as explicitly authorized by the court,
if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the petitioner and respondent own the
property jointly, and the balance of hardships favors

SB2136 - 312 - LRB103 27172 RLC 53542 b
granting this remedy.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
grant petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or over whom the petitioner has been
allocated parental responsibility, when the respondent has
a legal obligation to support that person, in accordance
with the Illinois Marriage and Dissolution of Marriage

SB2136 - 313 - LRB103 27172 RLC 53542 b
Act, which shall govern, among other matters, the amount
of support, payment through the clerk and withholding of
income to secure payment. An order for child support may
be granted to a petitioner with lawful physical care of a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating petitioner's
significant decision-making responsibility unless
otherwise provided in the order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse. Such losses shall include, but not be limited
to, medical expenses, lost earnings or other support,
repair or replacement of property damaged or taken,
reasonable attorney's fees, court costs, and moving or
other travel expenses, including additional reasonable
expenses for temporary shelter and restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support, or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be

SB2136 - 314 - LRB103 27172 RLC 53542 b
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including, but not
limited to, legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and
well-being of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(A) A person who is subject to an existing
domestic violence order of protection issued under
this Code may not lawfully possess firearms, stun
guns, or tasers weapons or a Firearm Owner's
Identification Card under Section 8.2 of the Firearm
Owners Identification Card Act.
(B) Any firearms in the possession of the
respondent, except as provided in subparagraph (C) of
this paragraph (14.5), shall be ordered by the court
to be turned over to a person who is not prohibited
under State or federal law from possessing firearms

SB2136 - 315 - LRB103 27172 RLC 53542 b
with a valid Firearm Owner's Identification Card for
safekeeping. The court shall issue an order that the
respondent comply with Section 9.5 of the Firearm
Owners Identification Card Act.
(C) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 2012,
the court shall order that any firearms used by the
respondent in the performance of his or her duties as a
peace officer be surrendered to the chief law
enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms
for safekeeping for the duration of the domestic
violence order of protection.
(D) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned
over to a third party who is lawfully eligible to
possess firearms, and who does not reside with

SB2136 - 316 - LRB103 27172 RLC 53542 b
respondent.
(15) Prohibition of access to records. If a domestic
violence order of protection prohibits respondent from
having contact with the minor child, or if petitioner's
address is omitted under subsection (b) of Section 112A-5
of this Code, or if necessary to prevent abuse or wrongful
removal or concealment of a minor child, the order shall
deny respondent access to, and prohibit respondent from
inspecting, obtaining, or attempting to inspect or obtain,
school or any other records of the minor child who is in
the care of petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse
of a family or household member or to effectuate one of the
granted remedies, if supported by the balance of
hardships. If the harm to be prevented by the injunction
is abuse or any other harm that one of the remedies listed
in paragraphs (1) through (16) of this subsection is
designed to prevent, no further evidence is necessary to
establish that the harm is an irreparable injury.
(18) Telephone services.

SB2136 - 317 - LRB103 27172 RLC 53542 b
(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph. In
this paragraph (18), the term "wireless telephone
service provider" means a provider of commercial
mobile service as defined in 47 U.S.C. 332. The
petitioner may request the transfer of each telephone
number that the petitioner, or a minor child in his or
her custody, uses. The clerk of the court shall serve
the order on the wireless telephone service provider's
agent for service of process provided to the Illinois
Commerce Commission. The order shall contain all of
the following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for

SB2136 - 318 - LRB103 27172 RLC 53542 b
and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.

SB2136 - 319 - LRB103 27172 RLC 53542 b
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of
an agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information
is provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,

SB2136 - 320 - LRB103 27172 RLC 53542 b
other than payment of support, the court shall consider
relevant factors, including, but not limited to, the
following:
(i) the nature, frequency, severity, pattern, and
consequences of the respondent's past abuse of the
petitioner or any family or household member,
including the concealment of his or her location in
order to evade service of process or notice, and the
likelihood of danger of future abuse to petitioner or
any member of petitioner's or respondent's family or
household; and
(ii) the danger that any minor child will be
abused or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State,
or improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including, but not
limited to, the following:
(i) availability, accessibility, cost, safety,
adequacy, location, and other characteristics of
alternate housing for each party and any minor child
or dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,

SB2136 - 321 - LRB103 27172 RLC 53542 b
and any minor child or dependent adult in the party's
care, to family, school, church, and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection (c), the court shall make its
findings in an official record or in writing, and shall at
a minimum set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2)
of this subsection (c).
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) (Blank).
(5) Never married parties. No rights or
responsibilities for a minor child born outside of
marriage attach to a putative father until a father and
child relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975, the Uniform Interstate Family Support Act,
the Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or

SB2136 - 322 - LRB103 27172 RLC 53542 b
territory, any other statute of this State, or by any
foreign nation establishing the father and child
relationship, any other proceeding substantially in
conformity with the federal Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, or when both
parties appeared in open court or at an administrative
hearing acknowledging under oath or admitting by
affirmation the existence of a father and child
relationship. Absent such an adjudication, no putative
father shall be granted temporary allocation of parental
responsibilities, including parenting time with the minor
child, or physical care and possession of the minor child,
nor shall an order of payment for support of the minor
child be entered.
(d) Balance of hardships; findings. If the court finds
that the balance of hardships does not support the granting of
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially
outweigh the hardship to petitioner from denial of the remedy.
The findings shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) respondent has cause for any use of force, unless

SB2136 - 323 - LRB103 27172 RLC 53542 b
that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;
(2) respondent was voluntarily intoxicated;
(3) petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) petitioner did not act in self-defense or defense
of another;
(5) petitioner left the residence or household to
avoid further abuse by respondent;
(6) petitioner did not leave the residence or
household to avoid further abuse by respondent; or
(7) conduct by any family or household member excused
the abuse by respondent, unless that same conduct would
have excused such abuse if the parties had not been family
or household members.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(725 ILCS 5/112A-14.7)
Sec. 112A-14.7. Stalking no contact order; remedies.
(a) The court may order any of the remedies listed in this
Section. The remedies listed in this Section shall be in
addition to other civil or criminal remedies available to
petitioner. A stalking no contact order shall order one or

SB2136 - 324 - LRB103 27172 RLC 53542 b
more of the following:
(1) prohibit the respondent from threatening to commit
or committing stalking;
(2) order the respondent not to have any contact with
the petitioner or a third person specifically named by the
court;
(3) prohibit the respondent from knowingly coming
within, or knowingly remaining within a specified distance
of the petitioner or the petitioner's residence, school,
daycare, or place of employment, or any specified place
frequented by the petitioner; however, the court may order
the respondent to stay away from the respondent's own
residence, school, or place of employment only if the
respondent has been provided actual notice of the
opportunity to appear and be heard on the petition;
(4) prohibit the respondent from possessing a Firearm
Owners Identification Card, or possessing or buying
firearms; and
(5) order other injunctive relief the court determines
to be necessary to protect the petitioner or third party
specifically named by the court.
(b) When the petitioner and the respondent attend the same
public, private, or non-public elementary, middle, or high
school, the court when issuing a stalking no contact order and
providing relief shall consider the severity of the act, any
continuing physical danger or emotional distress to the

SB2136 - 325 - LRB103 27172 RLC 53542 b
petitioner, the educational rights guaranteed to the
petitioner and respondent under federal and State law, the
availability of a transfer of the respondent to another
school, a change of placement or a change of program of the
respondent, the expense, difficulty, and educational
disruption that would be caused by a transfer of the
respondent to another school, and any other relevant facts of
the case. The court may order that the respondent not attend
the public, private, or non-public elementary, middle, or high
school attended by the petitioner, order that the respondent
accept a change of placement or program, as determined by the
school district or private or non-public school, or place
restrictions on the respondent's movements within the school
attended by the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a transfer,
change of placement, or change of program of the respondent is
not available. The respondent also bears the burden of
production with respect to the expense, difficulty, and
educational disruption that would be caused by a transfer of
the respondent to another school. A transfer, change of
placement, or change of program is not unavailable to the
respondent solely on the ground that the respondent does not
agree with the school district's or private or non-public
school's transfer, change of placement, or change of program
or solely on the ground that the respondent fails or refuses to
consent to or otherwise does not take an action required to

SB2136 - 326 - LRB103 27172 RLC 53542 b
effectuate a transfer, change of placement, or change of
program. When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to another
attendance center within the respondent's school district or
private or non-public school, the school district or private
or non-public school shall have sole discretion to determine
the attendance center to which the respondent is transferred.
If the court order results in a transfer of the minor
respondent to another attendance center, a change in the
respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the
respondent is responsible for transportation and other costs
associated with the transfer or change.
(c) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. If the court orders a
transfer of the respondent to another school, the parents,
guardian, or legal custodian of the respondent are responsible
for transportation and other costs associated with the change
of school by the respondent.
(d) The court shall not hold a school district or private
or non-public school or any of its employees in civil or
criminal contempt unless the school district or private or
non-public school has been allowed to intervene.

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(e) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Article for conduct of the minor respondent in violation
of this Article if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in the
conduct.
(f) Monetary damages are not recoverable as a remedy.
(g) If the stalking no contact order prohibits the
respondent from possessing a Firearm Owner's Identification
Card, or possessing or buying firearms; the court shall
confiscate the respondent's firearms and firearm ammunition
Firearm Owner's Identification Card and immediately return the
card to the Illinois State Police Firearm Owner's
Identification Card Office.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 90. The Unified Code of Corrections is amended by
changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as
follows:
(730 ILCS 5/5-4.5-110)
(Section scheduled to be repealed on January 1, 2024)
Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
(a) DEFINITIONS. For the purposes of this Section:

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"Firearm" has the meaning ascribed to it in Section
2-7.5 of the Criminal Code of 2012 1.1 of the Firearm
Owners Identification Card Act.
"Qualifying predicate offense" means the following
offenses under the Criminal Code of 2012:
(A) aggravated unlawful use of a weapon under
Section 24-1.6 or similar offense under the Criminal
Code of 1961, when the weapon is a firearm;
(B) unlawful use or possession of a weapon by a
felon under Section 24-1.1 or similar offense under
the Criminal Code of 1961, when the weapon is a
firearm;
(C) first degree murder under Section 9-1 or
similar offense under the Criminal Code of 1961;
(D) attempted first degree murder with a firearm
or similar offense under the Criminal Code of 1961;
(E) aggravated kidnapping with a firearm under
paragraph (6) or (7) of subsection (a) of Section 10-2
or similar offense under the Criminal Code of 1961;
(F) aggravated battery with a firearm under
subsection (e) of Section 12-3.05 or similar offense
under the Criminal Code of 1961;
(G) aggravated criminal sexual assault under
Section 11-1.30 or similar offense under the Criminal
Code of 1961;
(H) predatory criminal sexual assault of a child

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under Section 11-1.40 or similar offense under the
Criminal Code of 1961;
(I) armed robbery under Section 18-2 or similar
offense under the Criminal Code of 1961;
(J) vehicular hijacking under Section 18-3 or
similar offense under the Criminal Code of 1961;
(K) aggravated vehicular hijacking under Section
18-4 or similar offense under the Criminal Code of
1961;
(L) home invasion with a firearm under paragraph
(3), (4), or (5) of subsection (a) of Section 19-6 or
similar offense under the Criminal Code of 1961;
(M) aggravated discharge of a firearm under
Section 24-1.2 or similar offense under the Criminal
Code of 1961;
(N) aggravated discharge of a machine gun or a
firearm equipped with a device designed or used for
silencing the report of a firearm under Section
24-1.2-5 or similar offense under the Criminal Code of
1961;
(0) unlawful use of firearm projectiles under
Section 24-2.1 or similar offense under the Criminal
Code of 1961;
(P) manufacture, sale, or transfer of bullets or
shells represented to be armor piercing bullets,
dragon's breath shotgun shells, bolo shells, or

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flechette shells under Section 24-2.2 or similar
offense under the Criminal Code of 1961;
(Q) unlawful sale or delivery of firearms under
Section 24-3 or similar offense under the Criminal
Code of 1961;
(R) unlawful discharge of firearm projectiles
under Section 24-3.2 or similar offense under the
Criminal Code of 1961;
(S) unlawful sale or delivery of firearms on
school premises of any school under Section 24-3.3 or
similar offense under the Criminal Code of 1961;
(T) unlawful purchase of a firearm under Section
24-3.5 or similar offense under the Criminal Code of
1961;
(U) use of a stolen firearm in the commission of an
offense under Section 24-3.7 or similar offense under
the Criminal Code of 1961;
(V) possession of a stolen firearm under Section
24-3.8 or similar offense under the Criminal Code of
1961;
(W) aggravated possession of a stolen firearm
under Section 24-3.9 or similar offense under the
Criminal Code of 1961;
(X) gunrunning under Section 24-3A or similar
offense under the Criminal Code of 1961;
(Y) defacing identification marks of firearms

SB2136 - 331 - LRB103 27172 RLC 53542 b
under Section 24-5 or similar offense under the
Criminal Code of 1961; and
(Z) armed violence under Section 33A-2 or similar
offense under the Criminal Code of 1961.
(b) APPLICABILITY. For an offense committed on or after
January 1, 2018 (the effective date of Public Act 100-3) and
before January 1, 2024, when a person is convicted of unlawful
use or possession of a weapon by a felon, when the weapon is a
firearm, or aggravated unlawful use of a weapon, when the
weapon is a firearm, after being previously convicted of a
qualifying predicate offense the person shall be subject to
the sentencing guidelines under this Section.
(c) SENTENCING GUIDELINES.
(1) When a person is convicted of unlawful use or
possession of a weapon by a felon, when the weapon is a
firearm, and that person has been previously convicted of
a qualifying predicate offense, the person shall be
sentenced to a term of imprisonment within the sentencing
range of not less than 7 years and not more than 14 years,
unless the court finds that a departure from the
sentencing guidelines under this paragraph is warranted
under subsection (d) of this Section.
(2) When a person is convicted of aggravated unlawful
use of a weapon, when the weapon is a firearm, and that
person has been previously convicted of a qualifying
predicate offense, the person shall be sentenced to a term

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of imprisonment within the sentencing range of not less
than 6 years and not more than 7 years, unless the court
finds that a departure from the sentencing guidelines
under this paragraph is warranted under subsection (d) of
this Section.
(3) The sentencing guidelines in paragraphs (1) and
(2) of this subsection (c) apply only to offenses
committed on and after January 1, 2018 (the effective date
of Public Act 100-3) and before January 1, 2024.
(d) DEPARTURE FROM SENTENCING GUIDELINES.
(1) At the sentencing hearing conducted under Section
5-4-1 of this Code, the court may depart from the
sentencing guidelines provided in subsection (c) of this
Section and impose a sentence otherwise authorized by law
for the offense if the court, after considering any factor
under paragraph (2) of this subsection (d) relevant to the
nature and circumstances of the crime and to the history
and character of the defendant, finds on the record
substantial and compelling justification that the sentence
within the sentencing guidelines would be unduly harsh and
that a sentence otherwise authorized by law would be
consistent with public safety and does not deprecate the
seriousness of the offense.
(2) In deciding whether to depart from the sentencing
guidelines under this paragraph, the court shall consider:
(A) the age, immaturity, or limited mental

SB2136 - 333 - LRB103 27172 RLC 53542 b
capacity of the defendant at the time of commission of
the qualifying predicate or current offense, including
whether the defendant was suffering from a mental or
physical condition insufficient to constitute a
defense but significantly reduced the defendant's
culpability;
(B) the nature and circumstances of the qualifying
predicate offense;
(C) the time elapsed since the qualifying
predicate offense;
(D) the nature and circumstances of the current
offense;
(E) the defendant's prior criminal history;
(F) whether the defendant committed the qualifying
predicate or current offense under specific and
credible duress, coercion, threat, or compulsion;
(G) whether the defendant aided in the
apprehension of another felon or testified truthfully
on behalf of another prosecution of a felony; and
(H) whether departure is in the interest of the
person's rehabilitation, including employment or
educational or vocational training, after taking into
account any past rehabilitation efforts or
dispositions of probation or supervision, and the
defendant's cooperation or response to rehabilitation.
(3) When departing from the sentencing guidelines

SB2136 - 334 - LRB103 27172 RLC 53542 b
under this Section, the court shall specify on the record,
the particular evidence, information, factor or factors,
or other reasons which led to the departure from the
sentencing guidelines. When departing from the sentencing
range in accordance with this subsection (d), the court
shall indicate on the sentencing order which departure
factor or factors outlined in paragraph (2) of this
subsection (d) led to the sentence imposed. The sentencing
order shall be filed with the clerk of the court and shall
be a public record.
(e) This Section is repealed on January 1, 2024.
(Source: P.A. 102-1109, eff. 12-21-22.)
(730 ILCS 5/5-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the
following offenses. The court shall sentence the offender to
not less than the minimum term of imprisonment set forth in
this Code for the following offenses, and may order a fine or
restitution or both in conjunction with such term of
imprisonment:
(A) First degree murder where the death penalty is not

SB2136 - 335 - LRB103 27172 RLC 53542 b
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(1.5) of Section 401 of that Act which
relates to more than 5 grams of a substance containing
fentanyl or an analog thereof.
(D-5) A violation of subdivision (c)(1) of Section 401
of the Illinois Controlled Substances Act which relates to
3 or more grams of a substance containing heroin or an
analog thereof.
(E) (Blank).
(F) A Class 1 or greater felony if the offender had
been convicted of a Class 1 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 1 or greater felony) classified as a Class
1 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Substance Use Disorder Act.
(F-3) A Class 2 or greater felony sex offense or
felony firearm offense if the offender had been convicted
of a Class 2 or greater felony, including any state or

SB2136 - 336 - LRB103 27172 RLC 53542 b
federal conviction for an offense that contained, at the
time it was committed, the same elements as an offense now
(the date of the offense committed after the prior Class 2
or greater felony) classified as a Class 2 or greater
felony, within 10 years of the date on which the offender
committed the offense for which he or she is being
sentenced, except as otherwise provided in Section 40-10
of the Substance Use Disorder Act.
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
of the Criminal Code of 1961 or the Criminal Code of 2012
for which imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise provided
in Section 40-10 of the Substance Use Disorder Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as
described in Section 12-4.6 or subdivision (a)(4) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012.
(J) A forcible felony if the offense was related to
the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who
do commit crimes.

SB2136 - 337 - LRB103 27172 RLC 53542 b
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act committed before the effective
date of this amendatory Act of the 103rd General Assembly.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P-5) A violation of paragraph (6) of subsection (a)
of Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 if the victim is a household or
family member of the defendant.
(Q) A violation of subsection (b) or (b-5) of Section

SB2136 - 338 - LRB103 27172 RLC 53542 b
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code
of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) (Blank).
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws
of this State or any other state of the offense of child
pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of
the offenses formerly known as rape, deviate sexual
assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under

SB2136 - 339 - LRB103 27172 RLC 53542 b
the age of 18 years or an offense that is substantially
equivalent to those offenses.
(W) A violation of Section 24-3.5 of the Criminal Code
of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a of
the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm
by a street gang member when the firearm was loaded or
contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a
value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the aggregate
of $500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the
firearm is being used.
(EE) A conviction for a violation of paragraph (2) of

SB2136 - 340 - LRB103 27172 RLC 53542 b
subsection (a) of Section 24-3B of the Criminal Code of
2012.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment
of 30 days or 300 hours of community service, as determined by
the court, shall be imposed for a third or subsequent
violation of Section 6-303 of the Illinois Vehicle Code. The
court may give credit toward the fulfillment of community
service hours for participation in activities and treatment as
determined by court services.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section

SB2136 - 341 - LRB103 27172 RLC 53542 b
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303
of the Illinois Vehicle Code, as provided in subsection (b-5)
of that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for
a period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle

SB2136 - 342 - LRB103 27172 RLC 53542 b
Code, as provided in subsection (d-3.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit,
or privileges suspended for at least 180 days but not more than
2 years, if the violation resulted in injury to another
person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,

SB2136 - 343 - LRB103 27172 RLC 53542 b
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license,
permit, or privileges suspended for an additional 6 months
after the expiration of the original 3-month suspension and
until he or she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced to a
term of natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for
battery when the individual harmed was a sports official or

SB2136 - 344 - LRB103 27172 RLC 53542 b
coach at any level of competition and the act causing harm to
the sports official or coach occurred within an athletic
facility or within the immediate vicinity of the athletic
facility at which the sports official or coach was an active
participant of the athletic contest held at the athletic
facility. For the purposes of this paragraph (11), "sports
official" means a person at an athletic contest who enforces
the rules of the contest, such as an umpire or referee;
"athletic facility" means an indoor or outdoor playing field
or recreational area where sports activities are conducted;
and "coach" means a person recognized as a coach by the
sanctioning authority that conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.

SB2136 - 345 - LRB103 27172 RLC 53542 b
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of this
Code which may include evidence of the defendant's life, moral
character and occupation during the time since the original
sentence was passed. The trial court shall then impose
sentence upon the defendant. The trial court may impose any
sentence which could have been imposed at the original trial
subject to Section 5-5-4 of this Code. If a sentence is vacated
on appeal or on collateral attack due to the failure of the
trier of fact at trial to determine beyond a reasonable doubt
the existence of a fact (other than a prior conviction)
necessary to increase the punishment for the offense beyond
the statutory maximum otherwise applicable, either the
defendant may be re-sentenced to a term within the range
otherwise provided or, if the State files notice of its
intention to again seek the extended sentence, the defendant
shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall
consider the safety and welfare of the victim and may impose a
sentence of probation only where:
(1) the court finds (A) or (B) or both are

SB2136 - 346 - LRB103 27172 RLC 53542 b
appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of
2 years; or
(B) the defendant is willing to participate in a
court approved plan, including, but not limited to,
the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of
paying for such services, if the victim was under 18 years
of age at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or

SB2136 - 347 - LRB103 27172 RLC 53542 b
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in

SB2136 - 348 - LRB103 27172 RLC 53542 b
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested
by the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the
test results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. The
court shall order that the cost of any such test shall be paid
by the county and may be taxed as costs against the convicted
defendant.
(g-5) When an inmate is tested for an airborne
communicable disease, as determined by the Illinois Department
of Public Health, including, but not limited to, tuberculosis,
the results of the test shall be personally delivered by the
warden or his or her designee in a sealed envelope to the judge
of the court in which the inmate must appear for the judge's
inspection in camera if requested by the judge. Acting in
accordance with the best interests of those in the courtroom,
the judge shall have the discretion to determine what if any
precautions need to be taken to prevent transmission of the

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disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. The court shall order that the cost of any such
test shall be paid by the county and may be taxed as costs
against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois

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Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act of a
defendant, the court shall determine whether the defendant is
employed by a facility or center as defined under the Child
Care Act of 1969, a public or private elementary or secondary
school, or otherwise works with children under 18 years of age
on a daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation to

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the defendant's employer by certified mail. If the employer of
the defendant is a school, the Clerk of the Court shall direct
the mailing of a copy of the judgment of conviction or order of
supervision or probation to the appropriate regional
superintendent of schools. The regional superintendent of
schools shall notify the State Board of Education of any
notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall
as a condition of his or her sentence be required by the court
to attend educational courses designed to prepare the
defendant for a high school diploma and to work toward a high
school diploma or to work toward passing high school
equivalency testing or to work toward completing a vocational
training program offered by the Department of Corrections. If
a defendant fails to complete the educational training
required by his or her sentence during the term of
incarceration, the Prisoner Review Board shall, as a condition
of mandatory supervised release, require the defendant, at his
or her own expense, to pursue a course of study toward a high
school diploma or passage of high school equivalency testing.
The Prisoner Review Board shall revoke the mandatory
supervised release of a defendant who wilfully fails to comply
with this subsection (j-5) upon his or her release from

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confinement in a penal institution while serving a mandatory
supervised release term; however, the inability of the
defendant after making a good faith effort to obtain financial
aid or pay for the educational training shall not be deemed a
wilful failure to comply. The Prisoner Review Board shall
recommit the defendant whose mandatory supervised release term
has been revoked under this subsection (j-5) as provided in
Section 3-3-9. This subsection (j-5) does not apply to a
defendant who has a high school diploma or has successfully
passed high school equivalency testing. This subsection (j-5)
does not apply to a defendant who is determined by the court to
be a person with a developmental disability or otherwise
mentally incapable of completing the educational or vocational
program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is not a citizen or national of
the United States, is convicted of any felony or misdemeanor
offense, the court after sentencing the defendant may, upon
motion of the State's Attorney, hold sentence in abeyance and
remand the defendant to the custody of the Attorney General of
the United States or his or her designated agent to be deported
when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and

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(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who
are subject to the provisions of paragraph (2) of subsection
(a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of
the United States, the defendant shall be recommitted to the

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custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional earned sentence credit as provided under
Section 3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions

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of license renewal established by the Secretary of State.
(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
5-27-22.)
(730 ILCS 5/5-5-3.2)
(Text of Section before amendment by P.A. 102-982)
Sec. 5-5-3.2. Factors in aggravation and extended-term
sentencing.
(a) The following factors shall be accorded weight in
favor of imposing a term of imprisonment or may be considered
by the court as reasons to impose a more severe sentence under
Section 5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency
or criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular
offense committed or to bring the offenders committing it
to justice;
(5) the defendant held public office at the time of
the offense, and the offense related to the conduct of
that office;

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(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who has a physical disability or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual;
(ii) the person or property of a person who has an
association with, is married to, or has a friendship with
the other individual; or (iii) the person or property of a
relative (by blood or marriage) of a person described in
clause (i) or (ii). For the purposes of this Section,
"sexual orientation" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human
Rights Act;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For

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purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was on pretrial release or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 11-0.1 of the Criminal Code of 2012,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961 or the Criminal Code

SB2136 - 358 - LRB103 27172 RLC 53542 b
of 2012 against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation
of one of the following Sections while in a school,
regardless of the time of day or time of year; on any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school related
activity; on the real property of a school; or on a public
way within 1,000 feet of the real property comprising any
school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
for subdivision (a)(4) or (g)(1), of the Criminal Code of
1961 or the Criminal Code of 2012;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care

SB2136 - 359 - LRB103 27172 RLC 53542 b
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
2012;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home.
For the purposes of this paragraph (18), "nursing home"
means a skilled nursing or intermediate long term care
facility that is subject to license by the Illinois
Department of Public Health under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of
2013, the ID/DD Community Care Act, or the MC/DD Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners

SB2136 - 360 - LRB103 27172 RLC 53542 b
Identification Card Act before its repeal by this
amendatory Act of the 103rd General Assembly and has now
committed either a felony violation of the Firearm Owners
Identification Card Act or an act of armed violence while
armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012 or the offense of
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any
combination thereof under Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
and (ii) was operating a motor vehicle in excess of 20
miles per hour over the posted speed limit as provided in
Article VI of Chapter 11 of the Illinois Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed

SB2136 - 361 - LRB103 27172 RLC 53542 b
Forces of the United States, including a member of any
reserve component thereof or National Guard unit called to
active duty;
(23) the defendant committed the offense against a
person who was elderly or infirm or who was a person with a
disability by taking advantage of a family or fiduciary
relationship with the elderly or infirm person or person
with a disability;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012 and possessed 100 or more images;
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation;
(26) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012 where a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any

SB2136 - 362 - LRB103 27172 RLC 53542 b
act of sexual penetration or bound, fettered, or subject
to sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated
robbery against a person who was a veteran and the
defendant knew, or reasonably should have known, that the
person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit;
(28) the defendant committed the offense of assault,
aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that
the defendant knew or reasonably should have known was a
letter carrier or postal worker while that person was
performing his or her duties delivering mail for the

SB2136 - 363 - LRB103 27172 RLC 53542 b
United States Postal Service;
(29) the defendant committed the offense of criminal
sexual assault, aggravated criminal sexual assault,
criminal sexual abuse, or aggravated criminal sexual abuse
against a victim with an intellectual disability, and the
defendant holds a position of trust, authority, or
supervision in relation to the victim;
(30) the defendant committed the offense of promoting
juvenile prostitution, patronizing a prostitute, or
patronizing a minor engaged in prostitution and at the
time of the commission of the offense knew that the
prostitute or minor engaged in prostitution was in the
custody or guardianship of the Department of Children and
Family Services;
(31) the defendant (i) committed the offense of
driving while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds or any
combination thereof in violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance and (ii) the defendant during the commission of
the offense was driving his or her vehicle upon a roadway
designated for one-way traffic in the opposite direction
of the direction indicated by official traffic control
devices;
(32) the defendant committed the offense of reckless
homicide while committing a violation of Section 11-907 of

SB2136 - 364 - LRB103 27172 RLC 53542 b
the Illinois Vehicle Code;
(33) the defendant was found guilty of an
administrative infraction related to an act or acts of
public indecency or sexual misconduct in the penal
institution. In this paragraph (33), "penal institution"
has the same meaning as in Section 2-14 of the Criminal
Code of 2012; or
(34) the defendant committed the offense of leaving
the scene of an accident in violation of subsection (b) of
Section 11-401 of the Illinois Vehicle Code and the
accident resulted in the death of a person and at the time
of the offense, the defendant was: (i) driving under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof as
defined by Section 11-501 of the Illinois Vehicle Code; or
(ii) operating the motor vehicle while using an electronic
communication device as defined in Section 12-610.2 of the
Illinois Vehicle Code.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State
certified and licensed day care center as defined in Section
2.09 of the Child Care Act of 1969 that displays a sign in
plain view stating that the property is a day care center.
"Intellectual disability" means significantly subaverage

SB2136 - 365 - LRB103 27172 RLC 53542 b
intellectual functioning which exists concurrently with
impairment in adaptive behavior.
"Public transportation" means the transportation or
conveyance of persons by means available to the general
public, and includes paratransit services.
"Traffic control devices" means all signs, signals,
markings, and devices that conform to the Illinois Manual on
Uniform Traffic Control Devices, placed or erected by
authority of a public body or official having jurisdiction,
for the purpose of regulating, warning, or guiding traffic.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or
greater class felony, when such conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and such charges are separately
brought and tried and arise out of different series of
acts; or
(2) When a defendant is convicted of any felony and
the court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony

SB2136 - 366 - LRB103 27172 RLC 53542 b
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person who had a physical disability at
the time of the offense or such person's property; or
(4) When a defendant is convicted of any felony and
the offense involved any of the following types of
specific misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or
social group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,

SB2136 - 367 - LRB103 27172 RLC 53542 b
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight
attached to it. For purposes of this paragraph, "laser
sight" has the meaning ascribed to it in Section 26-7 of
the Criminal Code of 2012; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged; or
(9) When a defendant commits any felony and the
defendant knowingly video or audio records the offense

SB2136 - 368 - LRB103 27172 RLC 53542 b
with the intent to disseminate the recording.
(c) The following factors may be considered by the court
as reasons to impose an extended term sentence under Section
5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has
occurred within 10 years after the previous conviction,
excluding time spent in custody, and the charges are
separately brought and tried and arise out of different
series of acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated

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criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge
of the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in
the nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
of Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the
weapons enumerated in Section 24-1 of the Criminal Code of

SB2136 - 370 - LRB103 27172 RLC 53542 b
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties
is killed or injured at the scene of the offense while
responding to the emergency caused by the commission of
the offense. In this paragraph, "emergency" means a
situation in which a person's life, health, or safety is
in jeopardy; and "emergency response officer" means a
peace officer, community policing volunteer, fireman,
emergency medical technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(8) When the defendant is convicted of attempted mob
action, solicitation to commit mob action, or conspiracy
to commit mob action under Section 8-1, 8-2, or 8-4 of the
Criminal Code of 2012, where the criminal object is a
violation of Section 25-1 of the Criminal Code of 2012,
and an electronic communication is used in the commission

SB2136 - 371 - LRB103 27172 RLC 53542 b
of the offense. For the purposes of this paragraph (8),
"electronic communication" shall have the meaning provided
in Section 26.5-0.1 of the Criminal Code of 2012.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the
time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
8-20-21.)
(Text of Section after amendment by P.A. 102-982)
Sec. 5-5-3.2. Factors in aggravation and extended-term
sentencing.
(a) The following factors shall be accorded weight in

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favor of imposing a term of imprisonment or may be considered
by the court as reasons to impose a more severe sentence under
Section 5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency
or criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular
offense committed or to bring the offenders committing it
to justice;
(5) the defendant held public office at the time of
the offense, and the offense related to the conduct of
that office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who has a physical disability or such person's
property;

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(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual;
(ii) the person or property of a person who has an
association with, is married to, or has a friendship with
the other individual; or (iii) the person or property of a
relative (by blood or marriage) of a person described in
clause (i) or (ii). For the purposes of this Section,
"sexual orientation" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human
Rights Act;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was on pretrial release or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;

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(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 11-0.1 of the Criminal Code of 2012,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012 against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation
of one of the following Sections while in a school,
regardless of the time of day or time of year; on any
conveyance owned, leased, or contracted by a school to

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transport students to or from school or a school related
activity; on the real property of a school; or on a public
way within 1,000 feet of the real property comprising any
school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
for subdivision (a)(4) or (g)(1), of the Criminal Code of
1961 or the Criminal Code of 2012;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or

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to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
2012;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home.
For the purposes of this paragraph (18), "nursing home"
means a skilled nursing or intermediate long term care
facility that is subject to license by the Illinois
Department of Public Health under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of
2013, the ID/DD Community Care Act, or the MC/DD Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act before its repeal by this
amendatory Act of the 103rd General Assembly and has now
committed either a felony violation of the Firearm Owners
Identification Card Act or an act of armed violence while
armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012 or the offense of
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any

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combination thereof under Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
and (ii) was operating a motor vehicle in excess of 20
miles per hour over the posted speed limit as provided in
Article VI of Chapter 11 of the Illinois Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed
Forces of the United States, including a member of any
reserve component thereof or National Guard unit called to
active duty;
(23) the defendant committed the offense against a
person who was elderly or infirm or who was a person with a
disability by taking advantage of a family or fiduciary
relationship with the elderly or infirm person or person
with a disability;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code

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of 2012 and possessed 100 or more images;
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation;
(26) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012 where a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any
act of sexual penetration or bound, fettered, or subject
to sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated
robbery against a person who was a veteran and the
defendant knew, or reasonably should have known, that the
person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this

SB2136 - 379 - LRB103 27172 RLC 53542 b
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit;
(28) the defendant committed the offense of assault,
aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that
the defendant knew or reasonably should have known was a
letter carrier or postal worker while that person was
performing his or her duties delivering mail for the
United States Postal Service;
(29) the defendant committed the offense of criminal
sexual assault, aggravated criminal sexual assault,
criminal sexual abuse, or aggravated criminal sexual abuse
against a victim with an intellectual disability, and the
defendant holds a position of trust, authority, or
supervision in relation to the victim;
(30) the defendant committed the offense of promoting
juvenile prostitution, patronizing a prostitute, or
patronizing a minor engaged in prostitution and at the

SB2136 - 380 - LRB103 27172 RLC 53542 b
time of the commission of the offense knew that the
prostitute or minor engaged in prostitution was in the
custody or guardianship of the Department of Children and
Family Services;
(31) the defendant (i) committed the offense of
driving while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds or any
combination thereof in violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance and (ii) the defendant during the commission of
the offense was driving his or her vehicle upon a roadway
designated for one-way traffic in the opposite direction
of the direction indicated by official traffic control
devices;
(32) the defendant committed the offense of reckless
homicide while committing a violation of Section 11-907 of
the Illinois Vehicle Code;
(33) the defendant was found guilty of an
administrative infraction related to an act or acts of
public indecency or sexual misconduct in the penal
institution. In this paragraph (33), "penal institution"
has the same meaning as in Section 2-14 of the Criminal
Code of 2012; or
(34) the defendant committed the offense of leaving
the scene of a crash in violation of subsection (b) of
Section 11-401 of the Illinois Vehicle Code and the crash

SB2136 - 381 - LRB103 27172 RLC 53542 b
resulted in the death of a person and at the time of the
offense, the defendant was: (i) driving under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof as
defined by Section 11-501 of the Illinois Vehicle Code; or
(ii) operating the motor vehicle while using an electronic
communication device as defined in Section 12-610.2 of the
Illinois Vehicle Code.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State
certified and licensed day care center as defined in Section
2.09 of the Child Care Act of 1969 that displays a sign in
plain view stating that the property is a day care center.
"Intellectual disability" means significantly subaverage
intellectual functioning which exists concurrently with
impairment in adaptive behavior.
"Public transportation" means the transportation or
conveyance of persons by means available to the general
public, and includes paratransit services.
"Traffic control devices" means all signs, signals,
markings, and devices that conform to the Illinois Manual on
Uniform Traffic Control Devices, placed or erected by
authority of a public body or official having jurisdiction,
for the purpose of regulating, warning, or guiding traffic.

SB2136 - 382 - LRB103 27172 RLC 53542 b
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or
greater class felony, when such conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and such charges are separately
brought and tried and arise out of different series of
acts; or
(2) When a defendant is convicted of any felony and
the court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person who had a physical disability at
the time of the offense or such person's property; or
(4) When a defendant is convicted of any felony and
the offense involved any of the following types of
specific misconduct committed as part of a ceremony, rite,

SB2136 - 383 - LRB103 27172 RLC 53542 b
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or
social group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight
attached to it. For purposes of this paragraph, "laser
sight" has the meaning ascribed to it in Section 26-7 of
the Criminal Code of 2012; or

SB2136 - 384 - LRB103 27172 RLC 53542 b
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged; or
(9) When a defendant commits any felony and the
defendant knowingly video or audio records the offense
with the intent to disseminate the recording.
(c) The following factors may be considered by the court
as reasons to impose an extended term sentence under Section
5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has
occurred within 10 years after the previous conviction,

SB2136 - 385 - LRB103 27172 RLC 53542 b
excluding time spent in custody, and the charges are
separately brought and tried and arise out of different
series of acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge
of the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in
the nature of the criminal objective.
(4) If the victim was under 18 years of age at the time

SB2136 - 386 - LRB103 27172 RLC 53542 b
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
of Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the
weapons enumerated in Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties
is killed or injured at the scene of the offense while

SB2136 - 387 - LRB103 27172 RLC 53542 b
responding to the emergency caused by the commission of
the offense. In this paragraph, "emergency" means a
situation in which a person's life, health, or safety is
in jeopardy; and "emergency response officer" means a
peace officer, community policing volunteer, fireman,
emergency medical technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(8) When the defendant is convicted of attempted mob
action, solicitation to commit mob action, or conspiracy
to commit mob action under Section 8-1, 8-2, or 8-4 of the
Criminal Code of 2012, where the criminal object is a
violation of Section 25-1 of the Criminal Code of 2012,
and an electronic communication is used in the commission
of the offense. For the purposes of this paragraph (8),
"electronic communication" shall have the meaning provided
in Section 26.5-0.1 of the Criminal Code of 2012.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

SB2136 - 388 - LRB103 27172 RLC 53542 b
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the
time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
8-20-21; 102-982, eff. 7-1-23.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of probation and of conditional
discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such person
or agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon where the offense is a felony or, if a
misdemeanor, the offense involved the intentional or
knowing infliction of bodily harm or threat of bodily
harm;

SB2136 - 389 - LRB103 27172 RLC 53542 b
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer. Transfer of a person's probation or conditional
discharge supervision to another state is subject to
acceptance by the other state pursuant to the Interstate
Compact for Adult Offender Supervision;
(5) permit the probation officer to visit him at his
home or elsewhere to the extent necessary to discharge his
duties;
(6) perform no less than 30 hours of community service
and not more than 120 hours of community service, if
community service is available in the jurisdiction and is
funded and approved by the county board where the offense
was committed, where the offense was related to or in
furtherance of the criminal activities of an organized
gang and was motivated by the offender's membership in or
allegiance to an organized gang. The community service
shall include, but not be limited to, the cleanup and
repair of any damage caused by a violation of Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2012 and similar damage to property located within the
municipality or county in which the violation occurred.
When possible and reasonable, the community service should

SB2136 - 390 - LRB103 27172 RLC 53542 b
be performed in the offender's neighborhood. For purposes
of this Section, "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act. The court may give credit toward
the fulfillment of community service hours for
participation in activities and treatment as determined by
court services;
(7) if he or she is at least 17 years of age and has
been sentenced to probation or conditional discharge for a
misdemeanor or felony in a county of 3,000,000 or more
inhabitants and has not been previously convicted of a
misdemeanor or felony, may be required by the sentencing
court to attend educational courses designed to prepare
the defendant for a high school diploma and to work toward
a high school diploma or to work toward passing high
school equivalency testing or to work toward completing a
vocational training program approved by the court. The
person on probation or conditional discharge must attend a
public institution of education to obtain the educational
or vocational training required by this paragraph (7). The
court shall revoke the probation or conditional discharge
of a person who willfully fails to comply with this
paragraph (7). The person on probation or conditional
discharge shall be required to pay for the cost of the
educational courses or high school equivalency testing if
a fee is charged for those courses or testing. The court

SB2136 - 391 - LRB103 27172 RLC 53542 b
shall resentence the offender whose probation or
conditional discharge has been revoked as provided in
Section 5-6-4. This paragraph (7) does not apply to a
person who has a high school diploma or has successfully
passed high school equivalency testing. This paragraph (7)
does not apply to a person who is determined by the court
to be a person with a developmental disability or
otherwise mentally incapable of completing the educational
or vocational program;
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act after a previous conviction
or disposition of supervision for possession of a
substance prohibited by the Cannabis Control Act or
Illinois Controlled Substances Act or after a sentence of
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act, or
Section 70 of the Methamphetamine Control and Community
Protection Act and upon a finding by the court that the
person is addicted, undergo treatment at a substance abuse
program approved by the court;
(8.5) if convicted of a felony sex offense as defined
in the Sex Offender Management Board Act, the person shall
undergo and successfully complete sex offender treatment
by a treatment provider approved by the Board and

SB2136 - 392 - LRB103 27172 RLC 53542 b
conducted in conformance with the standards developed
under the Sex Offender Management Board Act;
(8.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing
at the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders;
(8.7) if convicted for an offense committed on or
after June 1, 2008 (the effective date of Public Act
95-464) that would qualify the accused as a child sex
offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012,
refrain from communicating with or contacting, by means of
the Internet, a person who is not related to the accused
and whom the accused reasonably believes to be under 18
years of age; for purposes of this paragraph (8.7),
"Internet" has the meaning ascribed to it in Section
16-0.1 of the Criminal Code of 2012; and a person is not
related to the accused if the person is not: (i) the
spouse, brother, or sister of the accused; (ii) a

SB2136 - 393 - LRB103 27172 RLC 53542 b
descendant of the accused; (iii) a first or second cousin
of the accused; or (iv) a step-child or adopted child of
the accused;
(8.8) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;

SB2136 - 394 - LRB103 27172 RLC 53542 b
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or
software systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer;
(8.9) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after
January 1, 2010 (the effective date of Public Act 96-262),
refrain from accessing or using a social networking
website as defined in Section 17-0.5 of the Criminal Code
of 2012;
(9) if convicted of a felony or of any misdemeanor
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
12-3.5 of the Criminal Code of 1961 or the Criminal Code of
2012 that was determined, pursuant to Section 112A-11.1 of
the Code of Criminal Procedure of 1963, to trigger the
prohibitions of 18 U.S.C. 922(g)(9), physically surrender
at a time and place designated by the court, his or her
Firearm Owner's Identification Card and any and all
firearms in his or her possession. The Court shall return
to the Illinois State Police Firearm Owner's
Identification Card Office the person's Firearm Owner's
Identification Card;

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(10) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial
minors are present, not participate in a holiday event
involving children under 18 years of age, such as
distributing candy or other items to children on
Halloween, wearing a Santa Claus costume on or preceding
Christmas, being employed as a department store Santa
Claus, or wearing an Easter Bunny costume on or preceding
Easter;
(11) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed
on or after January 1, 2010 (the effective date of Public
Act 96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any
computer scrub software on any computer that the sex
offender uses;
(12) if convicted of a violation of the
Methamphetamine Control and Community Protection Act, the
Methamphetamine Precursor Control Act, or a
methamphetamine related offense:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or

SB2136 - 396 - LRB103 27172 RLC 53542 b
having under his or her control any product containing
ammonium nitrate; and
(13) if convicted of a hate crime involving the
protected class identified in subsection (a) of Section
12-7.1 of the Criminal Code of 2012 that gave rise to the
offense the offender committed, perform public or
community service of no less than 200 hours and enroll in
an educational program discouraging hate crimes that
includes racial, ethnic, and cultural sensitivity training
ordered by the court.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under
Article 7 for a period not to exceed that specified in
paragraph (d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;

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(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home;
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is convicted of a crime of
violence as defined in Section 2 of the Crime Victims
Compensation Act committed in a school, on the real
property comprising a school, or within 1,000 feet of
the real property comprising a school;
(8) make restitution as provided in Section 5-5-6 of
this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition to
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be
that the offender:
(i) remain within the interior premises of the
place designated for his confinement during the hours
designated by the court;
(ii) admit any person or agent designated by the

SB2136 - 398 - LRB103 27172 RLC 53542 b
court into the offender's place of confinement at any
time for purposes of verifying the offender's
compliance with the conditions of his confinement; and
(iii) if further deemed necessary by the court or
the Probation or Court Services Department, be placed
on an approved electronic monitoring device, subject
to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the offender to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer for
deposit in the substance abuse services fund under
Section 5-1086.1 of the Counties Code, except as
provided in an administrative order of the Chief Judge

SB2136 - 399 - LRB103 27172 RLC 53542 b
of the circuit court.
The Chief Judge of the circuit court of the county
may by administrative order establish a program for
electronic monitoring of offenders, in which a vendor
supplies and monitors the operation of the electronic
monitoring device, and collects the fees on behalf of
the county. The program shall include provisions for
indigent offenders and the collection of unpaid fees.
The program shall not unduly burden the offender and
shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device; and
(v) for persons convicted of offenses other than
those referenced in clause (iv) above and who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative

SB2136 - 400 - LRB103 27172 RLC 53542 b
order of the Chief Judge of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who
shall use the monies collected to defray the costs of
corrections. The county treasurer shall deposit the
fee collected in the probation and court services
fund. The Chief Judge of the circuit court of the
county may by administrative order establish a program
for electronic monitoring of offenders, in which a
vendor supplies and monitors the operation of the
electronic monitoring device, and collects the fees on
behalf of the county. The program shall include
provisions for indigent offenders and the collection
of unpaid fees. The program shall not unduly burden
the offender and shall be subject to review by the
Chief Judge.
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device.
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986, as now or hereafter
amended, or an order of protection issued by the court of
another state, tribe, or United States territory. A copy
of the order of protection shall be transmitted to the
probation officer or agency having responsibility for the

SB2136 - 401 - LRB103 27172 RLC 53542 b
case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program on
the offender's case, not to exceed the maximum amount of
the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses
under the jurisdiction of the Department of Natural
Resources, to the fund established by the Department of
Natural Resources for the purchase of evidence for
investigation purposes and to conduct investigations as
outlined in Section 805-105 of the Department of Natural
Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;

SB2136 - 402 - LRB103 27172 RLC 53542 b
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug;
(17) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464)
that would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code
of 1961 or the Criminal Code of 2012, refrain from
communicating with or contacting, by means of the
Internet, a person who is related to the accused and whom
the accused reasonably believes to be under 18 years of
age; for purposes of this paragraph (17), "Internet" has
the meaning ascribed to it in Section 16-0.1 of the
Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or
sister of the accused; (ii) a descendant of the accused;
(iii) a first or second cousin of the accused; or (iv) a
step-child or adopted child of the accused;

SB2136 - 403 - LRB103 27172 RLC 53542 b
(18) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983)
that would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
subject's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a

SB2136 - 404 - LRB103 27172 RLC 53542 b
computer or any other device with Internet capability
imposed by the offender's probation officer; and
(19) refrain from possessing a firearm or other
dangerous weapon where the offense is a misdemeanor that
did not involve the intentional or knowing infliction of
bodily harm or threat of bodily harm.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or
conditional discharge, except as may be necessary in the
course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional
discharge that the offender be committed to a period of
imprisonment in excess of 6 months. This 6-month limit shall
not include periods of confinement given pursuant to a

SB2136 - 405 - LRB103 27172 RLC 53542 b
sentence of county impact incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device, shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board with
the concurrence of the Chief Judge of the judicial circuit in
which the county is located shall establish reasonable fees
for the cost of maintenance, testing, and incidental expenses
related to the mandatory drug or alcohol testing, or both, and
all costs incidental to approved electronic monitoring,
involved in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk
of the circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The clerk of the

SB2136 - 406 - LRB103 27172 RLC 53542 b
circuit court shall pay all moneys collected from these fees
to the county treasurer who shall use the moneys collected to
defray the costs of drug testing, alcohol testing, and
electronic monitoring. The county treasurer shall deposit the
fees collected in the county working cash fund under Section
6-27001 or Section 6-29002 of the Counties Code, as the case
may be. The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders, in which a vendor supplies and
monitors the operation of the electronic monitoring device,
and collects the fees on behalf of the county. The program
shall include provisions for indigent offenders and the
collection of unpaid fees. The program shall not unduly burden
the offender and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device.
(h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers
of jurisdiction are also authorized in the same manner. The
court to which jurisdiction has been transferred shall have
the same powers as the sentencing court. The probation
department within the circuit to which jurisdiction has been
transferred, or which has agreed to provide supervision, may
impose probation fees upon receiving the transferred offender,

SB2136 - 407 - LRB103 27172 RLC 53542 b
as provided in subsection (i). For all transfer cases, as
defined in Section 9b of the Probation and Probation Officers
Act, the probation department from the original sentencing
court shall retain all probation fees collected prior to the
transfer. After the transfer, all probation fees shall be paid
to the probation department within the circuit to which
jurisdiction has been transferred.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee
of $50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is placed
in the guardianship or custody of the Department of Children
and Family Services under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county

SB2136 - 408 - LRB103 27172 RLC 53542 b
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers
Act.
A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless the circuit
court has adopted, by administrative order issued by the chief
judge, a standard probation fee guide determining an
offender's ability to pay. Of the amount collected as a
probation fee, up to $5 of that fee collected per month may be
used to provide services to crime victims and their families.
The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate
compact, shall be required to pay probation fees to the
department supervising the offender, based on the offender's
ability to pay.
Public Act 93-970 deletes the $10 increase in the fee
under this subsection that was imposed by Public Act 93-616.
This deletion is intended to control over any other Act of the
93rd General Assembly that retains or incorporates that fee

SB2136 - 409 - LRB103 27172 RLC 53542 b
increase.
(i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation
department has determined to be sexually motivated (as defined
in the Sex Offender Management Board Act), the court or the
probation department shall assess additional fees to pay for
all costs of treatment, assessment, evaluation for risk and
treatment, and monitoring the offender, based on that
offender's ability to pay those costs either as they occur or
under a payment plan.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
(k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall

SB2136 - 410 - LRB103 27172 RLC 53542 b
be available for all evaluations and treatment programs
required by the court or the probation department.
(l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
Section 95. The Stalking No Contact Order Act is amended
by changing Section 80 as follows:
(740 ILCS 21/80)
Sec. 80. Stalking no contact orders; remedies.
(a) If the court finds that the petitioner has been a
victim of stalking, a stalking no contact order shall issue;
provided that the petitioner must also satisfy the
requirements of Section 95 on emergency orders or Section 100
on plenary orders. The petitioner shall not be denied a
stalking no contact order because the petitioner or the
respondent is a minor. The court, when determining whether or
not to issue a stalking no contact order, may not require
physical injury on the person of the petitioner. Modification
and extension of prior stalking no contact orders shall be in
accordance with this Act.
(b) A stalking no contact order shall order one or more of
the following:

SB2136 - 411 - LRB103 27172 RLC 53542 b
(1) prohibit the respondent from threatening to commit
or committing stalking;
(2) order the respondent not to have any contact with
the petitioner or a third person specifically named by the
court;
(3) prohibit the respondent from knowingly coming
within, or knowingly remaining within a specified distance
of the petitioner or the petitioner's residence, school,
daycare, or place of employment, or any specified place
frequented by the petitioner; however, the court may order
the respondent to stay away from the respondent's own
residence, school, or place of employment only if the
respondent has been provided actual notice of the
opportunity to appear and be heard on the petition;
(4) prohibit the respondent from possessing a Firearm
Owners Identification Card, or possessing or buying
firearms; and
(5) order other injunctive relief the court determines
to be necessary to protect the petitioner or third party
specifically named by the court.
(b-5) When the petitioner and the respondent attend the
same public, private, or non-public elementary, middle, or
high school, the court when issuing a stalking no contact
order and providing relief shall consider the severity of the
act, any continuing physical danger or emotional distress to
the petitioner, the educational rights guaranteed to the

SB2136 - 412 - LRB103 27172 RLC 53542 b
petitioner and respondent under federal and State law, the
availability of a transfer of the respondent to another
school, a change of placement or a change of program of the
respondent, the expense, difficulty, and educational
disruption that would be caused by a transfer of the
respondent to another school, and any other relevant facts of
the case. The court may order that the respondent not attend
the public, private, or non-public elementary, middle, or high
school attended by the petitioner, order that the respondent
accept a change of placement or program, as determined by the
school district or private or non-public school, or place
restrictions on the respondent's movements within the school
attended by the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a transfer,
change of placement, or change of program of the respondent is
not available. The respondent also bears the burden of
production with respect to the expense, difficulty, and
educational disruption that would be caused by a transfer of
the respondent to another school. A transfer, change of
placement, or change of program is not unavailable to the
respondent solely on the ground that the respondent does not
agree with the school district's or private or non-public
school's transfer, change of placement, or change of program
or solely on the ground that the respondent fails or refuses to
consent to or otherwise does not take an action required to
effectuate a transfer, change of placement, or change of

SB2136 - 413 - LRB103 27172 RLC 53542 b
program. When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to another
attendance center within the respondent's school district or
private or non-public school, the school district or private
or non-public school shall have sole discretion to determine
the attendance center to which the respondent is transferred.
In the event the court order results in a transfer of the minor
respondent to another attendance center, a change in the
respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the
respondent is responsible for transportation and other costs
associated with the transfer or change.
(b-6) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. In the event the court
orders a transfer of the respondent to another school, the
parents, guardian, or legal custodian of the respondent are
responsible for transportation and other costs associated with
the change of school by the respondent.
(b-7) The court shall not hold a school district or
private or non-public school or any of its employees in civil
or criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-8) The court may hold the parents, guardian, or legal

SB2136 - 414 - LRB103 27172 RLC 53542 b
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in such
conduct.
(c) The court may award the petitioner costs and attorneys
fees if a stalking no contact order is granted.
(d) Monetary damages are not recoverable as a remedy.
(e) If the stalking no contact order prohibits the
respondent from possessing a Firearm Owner's Identification
Card, or possessing or buying firearms; the court shall
confiscate the respondent's firearms Firearm Owner's
Identification Card and immediately return the card to the
Illinois State Police Firearm Owner's Identification Card
Office.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 100. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 12 as follows:
(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
Sec. 12. (a) If the United States Secret Service or the
Illinois State Police requests information from a mental
health or developmental disability facility, as defined in

SB2136 - 415 - LRB103 27172 RLC 53542 b
Section 1-107 and 1-114 of the Mental Health and Developmental
Disabilities Code, relating to a specific recipient and the
facility director determines that disclosure of such
information may be necessary to protect the life of, or to
prevent the infliction of great bodily harm to, a public
official, or a person under the protection of the United
States Secret Service, only the following information may be
disclosed: the recipient's name, address, and age and the date
of any admission to or discharge from a facility; and any
information which would indicate whether or not the recipient
has a history of violence or presents a danger of violence to
the person under protection. Any information so disclosed
shall be used for investigative purposes only and shall not be
publicly disseminated. Any person participating in good faith
in the disclosure of such information in accordance with this
provision shall have immunity from any liability, civil,
criminal or otherwise, if such information is disclosed
relying upon the representation of an officer of the United
States Secret Service or the Illinois State Police that a
person is under the protection of the United States Secret
Service or is a public official.
For the purpose of this subsection (a), the term "public
official" means the Governor, Lieutenant Governor, Attorney
General, Secretary of State, State Comptroller, State
Treasurer, member of the General Assembly, member of the
United States Congress, Judge of the United States as defined

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in 28 U.S.C. 451, Justice of the United States as defined in 28
U.S.C. 451, United States Magistrate Judge as defined in 28
U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
Supreme, Appellate, Circuit, or Associate Judge of the State
of Illinois. The term shall also include the spouse, child or
children of a public official.
(b) The Department of Human Services (acting as successor
to the Department of Mental Health and Developmental
Disabilities) and all public or private hospitals and mental
health facilities are required, as hereafter described in this
subsection, to furnish the Illinois State Police only such
information as may be required for the sole purpose of
determining whether an individual who may be or may have been a
patient is disqualified because of that status from receiving
or retaining a firearm under paragraph (4) of subsection (a)
of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's
Identification Card or falls within the federal prohibitors
under subsection (e), (f), (g), (r), (s), or (t) of Section 8
of the Firearm Owners Identification Card Act, or falls within
the federal prohibitors in 18 U.S.C. 922(g) and (n). All
physicians, clinical psychologists, or qualified examiners at
public or private mental health facilities or parts thereof as
defined in this subsection shall, in the form and manner
required by the Department, provide notice directly to the
Department of Human Services, or to his or her employer who
shall then report to the Department, within 24 hours after

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determining that a person poses a clear and present danger to
himself, herself, or others, or within 7 days after a person 14
years or older is determined to be a person with a
developmental disability by a physician, clinical
psychologist, or qualified examiner as described in this
subsection (b) Section 1.1 of the Firearm Owners
Identification Card Act. If a person is a patient as described
in clause (2)(A) (1) of the definition of "patient" in this
subsection Section 1.1 of the Firearm Owners Identification
Card Act, this information shall be furnished within 7 days
after admission to a public or private hospital or mental
health facility or the provision of services. Any such
information disclosed under this subsection shall remain
privileged and confidential, and shall not be redisclosed,
except as required by clause (e)(2) of Section 24-4.5 of the
Criminal Code of 2012 subsection (e) of Section 3.1 of the
Firearm Owners Identification Card Act, nor utilized for any
other purpose. The method of requiring the providing of such
information shall guarantee that no information is released
beyond what is necessary for this purpose. In addition, the
information disclosed shall be provided by the Department
within the time period established by Section 24-3 of the
Criminal Code of 2012 regarding the delivery of firearms. The
method used shall be sufficient to provide the necessary
information within the prescribed time period, which may
include periodically providing lists to the Department of

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Human Services or any public or private hospital or mental
health facility of Firearm Owner's Identification Card
applicants for firearm purchases on which the Department or
hospital shall indicate the identities of those individuals
who are to its knowledge disqualified from having a firearm
Firearm Owner's Identification Card for reasons described
herein. The Department may provide for a centralized source of
information for the State on this subject under its
jurisdiction. The identity of the person reporting under this
subsection shall not be disclosed to the subject of the
report. For the purposes of this subsection, the physician,
clinical psychologist, or qualified examiner making the
determination and his or her employer shall not be held
criminally, civilly, or professionally liable for making or
not making the notification required under this subsection,
except for willful or wanton misconduct.
Any person, institution, or agency, under this Act,
participating in good faith in the reporting or disclosure of
records and communications otherwise in accordance with this
provision or with rules, regulations or guidelines issued by
the Department shall have immunity from any liability, civil,
criminal or otherwise, that might result by reason of the
action. For the purpose of any proceeding, civil or criminal,
arising out of a report or disclosure in accordance with this
provision, the good faith of any person, institution, or
agency so reporting or disclosing shall be presumed. The full

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extent of the immunity provided in this subsection (b) shall
apply to any person, institution or agency that fails to make a
report or disclosure in the good faith belief that the report
or disclosure would violate federal regulations governing the
confidentiality of alcohol and drug abuse patient records
implementing 42 U.S.C. 290dd-3 and 290ee-3.
For purposes of this subsection (b) only, the following
terms shall have the meaning prescribed:
(1) (Blank).
(1.3) "Clear and present danger" has the meaning as
defined in Section 6-103.3 of the Mental Health and
Developmental Disabilities Code 1.1 of the Firearm Owners
Identification Card Act.
(1.5) "Person with a developmental disability" has the
meaning as defined in Section 6-103.3 of the Mental Health
and Developmental Disabilities Code 1.1 of the Firearm
Owners Identification Card Act.
(2) "Patient" means (A) a person who voluntarily
receives mental health treatment as an in-patient or
resident of any public or private mental health facility,
unless the treatment was solely for an alcohol abuse
disorder and no other secondary substance abuse disorder
or mental illness; or (B) a person who voluntarily
receives mental health treatment as an out-patient or is
provided services by a public or private mental health
facility, and who poses a clear and present danger to

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himself, herself, or to others has the meaning as defined
in Section 1.1 of the Firearm Owners Identification Card
Act.
(3) "Mental health facility" means any licensed
private hospital or hospital affiliate, institution, or
facility, or part thereof, and any facility, or part
thereof, operated by the State or a political subdivision
thereof which provide treatment of persons with mental
illness and includes all hospitals, institutions, clinics,
evaluation facilities, mental health centers, colleges,
universities, long-term care facilities, and nursing
homes, or parts thereof, which provide treatment of
persons with mental illness whether or not the primary
purpose is to provide treatment of persons with mental
illness has the meaning as defined in Section 1.1 of the
Firearm Owners Identification Card Act.
(c) Upon the request of a peace officer who takes a person
into custody and transports such person to a mental health or
developmental disability facility pursuant to Section 3-606 or
4-404 of the Mental Health and Developmental Disabilities Code
or who transports a person from such facility, a facility
director shall furnish said peace officer the name, address,
age and name of the nearest relative of the person transported
to or from the mental health or developmental disability
facility. In no case shall the facility director disclose to
the peace officer any information relating to the diagnosis,

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treatment or evaluation of the person's mental or physical
health.
For the purposes of this subsection (c), the terms "mental
health or developmental disability facility", "peace officer"
and "facility director" shall have the meanings ascribed to
them in the Mental Health and Developmental Disabilities Code.
(d) Upon the request of a peace officer or prosecuting
authority who is conducting a bona fide investigation of a
criminal offense, or attempting to apprehend a fugitive from
justice, a facility director may disclose whether a person is
present at the facility. Upon request of a peace officer or
prosecuting authority who has a valid forcible felony warrant
issued, a facility director shall disclose: (1) whether the
person who is the subject of the warrant is present at the
facility and (2) the date of that person's discharge or future
discharge from the facility. The requesting peace officer or
prosecuting authority must furnish a case number and the
purpose of the investigation or an outstanding arrest warrant
at the time of the request. Any person, institution, or agency
participating in good faith in disclosing such information in
accordance with this subsection (d) is immune from any
liability, civil, criminal or otherwise, that might result by
reason of the action.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 105. The Illinois Domestic Violence Act of 1986 is

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amended by changing Sections 210 and 214 as follows:
(750 ILCS 60/210) (from Ch. 40, par. 2312-10)
Sec. 210. Process.
(a) Summons. Any action for an order of protection,
whether commenced alone or in conjunction with another
proceeding, is a distinct cause of action and requires that a
separate summons be issued and served, except that in pending
cases the following methods may be used:
(1) By delivery of the summons to respondent
personally in open court in pending civil or criminal
cases.
(2) By notice in accordance with Section 210.1 in
civil cases in which the defendant has filed a general
appearance.
The summons shall be in the form prescribed by Supreme
Court Rule 101(d), except that it shall require respondent to
answer or appear within 7 days. Attachments to the summons or
notice shall include the petition for order of protection and
supporting affidavits, if any, and any emergency order of
protection that has been issued. The enforcement of an order
of protection under Section 223 shall not be affected by the
lack of service, delivery, or notice, provided the
requirements of subsection (d) of that Section are otherwise
met.
(b) Blank.

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(c) Expedited service. The summons shall be served by the
sheriff or other law enforcement officer at the earliest time
and shall take precedence over other summonses except those of
a similar emergency nature. Special process servers may be
appointed at any time, and their designation shall not affect
the responsibilities and authority of the sheriff or other
official process servers. In counties with a population over
3,000,000, a special process server may not be appointed if
the order of protection grants the surrender of a child, the
surrender of a firearm or firearm owners identification card,
or the exclusive possession of a shared residence.
(d) Remedies requiring actual notice. The counseling,
payment of support, payment of shelter services, and payment
of losses remedies provided by paragraphs 4, 12, 13, and 16 of
subsection (b) of Section 214 may be granted only if
respondent has been personally served with process, has
answered or has made a general appearance.
(e) Remedies upon constructive notice. Service of process
on a member of respondent's household or by publication shall
be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
6, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
214, but only if: (i) petitioner has made all reasonable
efforts to accomplish actual service of process personally
upon respondent, but respondent cannot be found to effect such
service and (ii) petitioner files an affidavit or presents
sworn testimony as to those efforts.

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(f) Default. A plenary order of protection may be entered
by default as follows:
(1) For any of the remedies sought in the petition, if
respondent has been served or given notice in accordance
with subsection (a) and if respondent then fails to appear
as directed or fails to appear on any subsequent
appearance or hearing date agreed to by the parties or set
by the court; or
(2) For any of the remedies provided in accordance
with subsection (e), if respondent fails to answer or
appear in accordance with the date set in the publication
notice or the return date indicated on the service of a
household member.
(g) Emergency orders. If an order is granted under
subsection (c) of Section 217, the court shall immediately
file a certified copy of the order with the sheriff or other
law enforcement official charged with maintaining Department
of State Police records.
(Source: P.A. 101-508, eff. 1-1-20.)
(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
Sec. 214. Order of protection; remedies.
(a) Issuance of order. If the court finds that petitioner
has been abused by a family or household member or that
petitioner is a high-risk adult who has been abused,
neglected, or exploited, as defined in this Act, an order of

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protection prohibiting the abuse, neglect, or exploitation
shall issue; provided that petitioner must also satisfy the
requirements of one of the following Sections, as appropriate:
Section 217 on emergency orders, Section 218 on interim
orders, or Section 219 on plenary orders. Petitioner shall not
be denied an order of protection because petitioner or
respondent is a minor. The court, when determining whether or
not to issue an order of protection, shall not require
physical manifestations of abuse on the person of the victim.
Modification and extension of prior orders of protection shall
be in accordance with this Act.
(b) Remedies and standards. The remedies to be included in
an order of protection shall be determined in accordance with
this Section and one of the following Sections, as
appropriate: Section 217 on emergency orders, Section 218 on
interim orders, and Section 219 on plenary orders. The
remedies listed in this subsection shall be in addition to
other civil or criminal remedies available to petitioner.
(1) Prohibition of abuse, neglect, or exploitation.
Prohibit respondent's harassment, interference with
personal liberty, intimidation of a dependent, physical
abuse, or willful deprivation, neglect or exploitation, as
defined in this Act, or stalking of the petitioner, as
defined in Section 12-7.3 of the Criminal Code of 2012, if
such abuse, neglect, exploitation, or stalking has
occurred or otherwise appears likely to occur if not

SB2136 - 426 - LRB103 27172 RLC 53542 b
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in subsection (c-2) of
Section 501 of the Illinois Marriage and Dissolution of
Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i)
the hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to

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petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other
person protected by the order of protection, or prohibit
respondent from entering or remaining present at
petitioner's school, place of employment, or other

SB2136 - 428 - LRB103 27172 RLC 53542 b
specified places at times when petitioner is present, or
both, if reasonable, given the balance of hardships.
Hardships need not be balanced for the court to enter a
stay away order or prohibit entry if respondent has no
right to enter the premises.
(A) If an order of protection grants petitioner
exclusive possession of the residence, or prohibits
respondent from entering the residence, or orders
respondent to stay away from petitioner or other
protected persons, then the court may allow respondent
access to the residence to remove items of clothing
and personal adornment used exclusively by respondent,
medications, and other items as the court directs. The
right to access shall be exercised on only one
occasion as the court directs and in the presence of an
agreed-upon adult third party or law enforcement
officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing an
order of protection and providing relief shall
consider the severity of the act, any continuing
physical danger or emotional distress to the
petitioner, the educational rights guaranteed to the
petitioner and respondent under federal and State law,
the availability of a transfer of the respondent to

SB2136 - 429 - LRB103 27172 RLC 53542 b
another school, a change of placement or a change of
program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a
transfer of the respondent to another school, and any
other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended
by the petitioner, order that the respondent accept a
change of placement or change of program, as
determined by the school district or private or
non-public school, or place restrictions on the
respondent's movements within the school attended by
the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a
transfer, change of placement, or change of program of
the respondent is not available. The respondent also
bears the burden of production with respect to the
expense, difficulty, and educational disruption that
would be caused by a transfer of the respondent to
another school. A transfer, change of placement, or
change of program is not unavailable to the respondent
solely on the ground that the respondent does not
agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise

SB2136 - 430 - LRB103 27172 RLC 53542 b
does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. In the
event the court order results in a transfer of the
minor respondent to another attendance center, a
change in the respondent's placement, or a change of
the respondent's program, the parents, guardian, or
legal custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. In
the event the court orders a transfer of the
respondent to another school, the parents, guardian,
or legal custodian of the respondent is responsible
for transportation and other costs associated with the
change of school by the respondent.

SB2136 - 431 - LRB103 27172 RLC 53542 b
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist,
psychiatrist, family service agency, alcohol or substance
abuse program, mental health center guidance counselor,
agency providing services to elders, program designed for
domestic violence abusers or any other guidance service
the court deems appropriate. The Court may order the
respondent in any intimate partner relationship to report
to an Illinois Department of Human Services protocol
approved partner abuse intervention program for an
assessment and to follow all recommended treatment.
(5) Physical care and possession of the minor child.
In order to protect the minor child from abuse, neglect,
or unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding physical care to respondent would not be in the

SB2136 - 432 - LRB103 27172 RLC 53542 b
minor child's best interest.
(6) Temporary allocation of parental responsibilities:
significant decision-making. Award temporary
decision-making responsibility to petitioner in accordance
with this Section, the Illinois Marriage and Dissolution
of Marriage Act, the Illinois Parentage Act of 2015, and
this State's Uniform Child-Custody Jurisdiction and
Enforcement Act.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding temporary significant decision-making
responsibility to respondent would not be in the child's
best interest.
(7) Parenting time. Determine the parenting time, if
any, of respondent in any case in which the court awards
physical care or allocates temporary significant
decision-making responsibility of a minor child to
petitioner. The court shall restrict or deny respondent's
parenting time with a minor child if the court finds that
respondent has done or is likely to do any of the
following: (i) abuse or endanger the minor child during
parenting time; (ii) use the parenting time as an
opportunity to abuse or harass petitioner or petitioner's
family or household members; (iii) improperly conceal or
detain the minor child; or (iv) otherwise act in a manner

SB2136 - 433 - LRB103 27172 RLC 53542 b
that is not in the best interests of the minor child. The
court shall not be limited by the standards set forth in
Section 603.10 of the Illinois Marriage and Dissolution of
Marriage Act. If the court grants parenting time, the
order shall specify dates and times for the parenting time
to take place or other specific parameters or conditions
that are appropriate. No order for parenting time shall
refer merely to the term "reasonable parenting time".
Petitioner may deny respondent access to the minor
child if, when respondent arrives for parenting time,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving
in a violent or abusive manner.
If necessary to protect any member of petitioner's
family or household from future abuse, respondent shall be
prohibited from coming to petitioner's residence to meet
the minor child for parenting time, and the parties shall
submit to the court their recommendations for reasonable
alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.

SB2136 - 434 - LRB103 27172 RLC 53542 b
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return
the child to the custody or care of the petitioner or to
permit any court-ordered interview or examination of the
child or the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly; sharing
it would risk abuse of petitioner by respondent or is
impracticable; and the balance of hardships favors
temporary possession by petitioner.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
award petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent

SB2136 - 435 - LRB103 27172 RLC 53542 b
from taking, transferring, encumbering, concealing,
damaging or otherwise disposing of any real or personal
property, except as explicitly authorized by the court,
if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly, and the
balance of hardships favors granting this remedy.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
grant petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or

SB2136 - 436 - LRB103 27172 RLC 53542 b
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or over whom the petitioner has been
allocated parental responsibility, when the respondent has
a legal obligation to support that person, in accordance
with the Illinois Marriage and Dissolution of Marriage
Act, which shall govern, among other matters, the amount
of support, payment through the clerk and withholding of
income to secure payment. An order for child support may
be granted to a petitioner with lawful physical care of a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating the petitioner's
significant decision-making authority, unless otherwise
provided in the order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse, neglect, or exploitation. Such losses shall
include, but not be limited to, medical expenses, lost
earnings or other support, repair or replacement of
property damaged or taken, reasonable attorney's fees,
court costs and moving or other travel expenses, including
additional reasonable expenses for temporary shelter and

SB2136 - 437 - LRB103 27172 RLC 53542 b
restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including but not
limited to legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and
well-being of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(a) Prohibit a respondent against whom an order of
protection was issued from possessing any firearms
during the duration of the order if the order:

SB2136 - 438 - LRB103 27172 RLC 53542 b
(1) was issued after a hearing of which such
person received actual notice, and at which such
person had an opportunity to participate;
(2) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner or
person, or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
(3)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or (ii)
by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury.
Any Firearm Owner's Identification Card in the
possession of the respondent, except as provided in
subsection (b), shall be ordered by the court to be
turned over to the local law enforcement agency. The
local law enforcement agency shall immediately mail
the card to the Illinois State Police Firearm Owner's
Identification Card Office for safekeeping. The court
shall issue a warrant for seizure of any firearm in the
possession of the respondent, to be kept by the local
law enforcement agency for safekeeping, except as

SB2136 - 439 - LRB103 27172 RLC 53542 b
provided in subsection (b). The period of safekeeping
shall be for the duration of the order of protection.
The firearm or firearms and Firearm Owner's
Identification Card, if unexpired, shall at the
respondent's request, be returned to the respondent at
the end of the order of protection. It is the
respondent's responsibility to notify the Illinois
State Police Firearm Owner's Identification Card
Office.
(b) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 2012,
the court shall order that any firearms used by the
respondent in the performance of his or her duties as a
peace officer be surrendered to the chief law
enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms
for safekeeping for the duration of the order of
protection.
(c) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the

SB2136 - 440 - LRB103 27172 RLC 53542 b
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned
over to a third party who is lawfully eligible to
possess firearms, and who does not reside with
respondent.
(15) Prohibition of access to records. If an order of
protection prohibits respondent from having contact with
the minor child, or if petitioner's address is omitted
under subsection (b) of Section 203, or if necessary to
prevent abuse or wrongful removal or concealment of a
minor child, the order shall deny respondent access to,
and prohibit respondent from inspecting, obtaining, or
attempting to inspect or obtain, school or any other
records of the minor child who is in the care of
petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse
of a family or household member or further abuse, neglect,
or exploitation of a high-risk adult with disabilities or
to effectuate one of the granted remedies, if supported by

SB2136 - 441 - LRB103 27172 RLC 53542 b
the balance of hardships. If the harm to be prevented by
the injunction is abuse or any other harm that one of the
remedies listed in paragraphs (1) through (16) of this
subsection is designed to prevent, no further evidence is
necessary that the harm is an irreparable injury.
(18) Telephone services.
(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph.
For purposes of this paragraph (18), the term
"wireless telephone service provider" means a provider
of commercial mobile service as defined in 47 U.S.C.
332. The petitioner may request the transfer of each
telephone number that the petitioner, or a minor child
in his or her custody, uses. The clerk of the court
shall serve the order on the wireless telephone
service provider's agent for service of process
provided to the Illinois Commerce Commission. The
order shall contain all of the following:
(i) The name and billing telephone number of
the account holder including the name of the

SB2136 - 442 - LRB103 27172 RLC 53542 b
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for
and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.

SB2136 - 443 - LRB103 27172 RLC 53542 b
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of
an agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the

SB2136 - 444 - LRB103 27172 RLC 53542 b
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information
is provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including but not limited to the
following:
(i) the nature, frequency, severity, pattern and
consequences of the respondent's past abuse, neglect
or exploitation of the petitioner or any family or
household member, including the concealment of his or
her location in order to evade service of process or
notice, and the likelihood of danger of future abuse,
neglect, or exploitation to petitioner or any member
of petitioner's or respondent's family or household;
and
(ii) the danger that any minor child will be
abused or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State or
improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including but not

SB2136 - 445 - LRB103 27172 RLC 53542 b
limited to the following:
(i) availability, accessibility, cost, safety,
adequacy, location and other characteristics of
alternate housing for each party and any minor child
or dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection, the court shall make its findings
in an official record or in writing, and shall at a minimum
set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2)
of this subsection.
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) For purposes of issuing an ex parte emergency
order of protection, the court, as an alternative to or as
a supplement to making the findings described in
paragraphs (c)(3)(i) through (c)(3)(iii) of this

SB2136 - 446 - LRB103 27172 RLC 53542 b
subsection, may use the following procedure:
When a verified petition for an emergency order of
protection in accordance with the requirements of Sections
203 and 217 is presented to the court, the court shall
examine petitioner on oath or affirmation. An emergency
order of protection shall be issued by the court if it
appears from the contents of the petition and the
examination of petitioner that the averments are
sufficient to indicate abuse by respondent and to support
the granting of relief under the issuance of the emergency
order of protection.
(5) Never married parties. No rights or
responsibilities for a minor child born outside of
marriage attach to a putative father until a father and
child relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975, the Revised Uniform Reciprocal Enforcement of
Support Act, the Uniform Interstate Family Support Act,
the Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or
territory, any other Illinois statute, or by any foreign
nation establishing the father and child relationship, any
other proceeding substantially in conformity with the
Personal Responsibility and Work Opportunity

SB2136 - 447 - LRB103 27172 RLC 53542 b
Reconciliation Act of 1996 (Pub. L. 104-193), or where
both parties appeared in open court or at an
administrative hearing acknowledging under oath or
admitting by affirmation the existence of a father and
child relationship. Absent such an adjudication, finding,
or acknowledgment, no putative father shall be granted
temporary allocation of parental responsibilities,
including parenting time with the minor child, or physical
care and possession of the minor child, nor shall an order
of payment for support of the minor child be entered.
(d) Balance of hardships; findings. If the court finds
that the balance of hardships does not support the granting of
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially
outweigh the hardship to petitioner from denial of the remedy.
The findings shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) Respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;
(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of

SB2136 - 448 - LRB103 27172 RLC 53542 b
another, provided that, if petitioner utilized force, such
force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) Petitioner did not act in self-defense or defense
of another;
(5) Petitioner left the residence or household to
avoid further abuse, neglect, or exploitation by
respondent;
(6) Petitioner did not leave the residence or
household to avoid further abuse, neglect, or exploitation
by respondent;
(7) Conduct by any family or household member excused
the abuse, neglect, or exploitation by respondent, unless
that same conduct would have excused such abuse, neglect,
or exploitation if the parties had not been family or
household members.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 110. The Uniform Disposition of Unclaimed Property
Act is amended by changing Section 1 as follows:
(765 ILCS 1025/1) (from Ch. 141, par. 101)
Sec. 1. As used in this Act, unless the context otherwise
requires:
(a) "Banking organization" means any bank, trust company,
savings bank, industrial bank, land bank, safe deposit

SB2136 - 449 - LRB103 27172 RLC 53542 b
company, or a private banker.
(b) "Business association" means any corporation, joint
stock company, business trust, partnership, or any
association, limited liability company, or other business
entity consisting of one or more persons, whether or not for
profit.
(c) "Financial organization" means any savings and loan
association, building and loan association, credit union,
currency exchange, co-operative bank, mutual funds, or
investment company.
(d) "Holder" means any person in possession of property
subject to this Act belonging to another, or who is trustee in
case of a trust, or is indebted to another on an obligation
subject to this Act.
(e) "Life insurance corporation" means any association or
corporation transacting the business of insurance on the lives
of persons or insurance appertaining thereto, including, but
not by way of limitation, endowments and annuities.
(f) "Owner" means a depositor in case of a deposit, a
beneficiary in case of a trust, a creditor, claimant, or payee
in case of other property, or any person having a legal or
equitable interest in property subject to this Act, or his
legal representative.
(g) "Person" means any individual, business association,
financial organization, government or political subdivision or
agency, public authority, estate, trust, or any other legal or

SB2136 - 450 - LRB103 27172 RLC 53542 b
commercial entity.
(h) "Utility" means any person who owns or operates, for
public use, any plant, equipment, property, franchise, or
license for the transmission of communications or the
production, storage, transmission, sale, delivery, or
furnishing of electricity, water, steam, oil or gas.
(i) (Blank).
(j) "Insurance company" means any person transacting the
kinds of business enumerated in Section 4 of the Illinois
Insurance Code other than life insurance.
(k) "Economic loss", as used in Sections 2a and 9 of this
Act includes, but is not limited to, delivery charges,
mark-downs and write-offs, carrying costs, restocking charges,
lay-aways, special orders, issuance of credit memos, and the
costs of special services or goods provided that reduce the
property value or that result in lost sales opportunity.
(l) "Reportable property" means property, tangible or
intangible, presumed abandoned under this Act that must be
appropriately and timely reported and remitted to the Office
of the State Treasurer under this Act. Interest, dividends,
stock splits, warrants, or other rights that become reportable
property under this Act include the underlying security or
commodity giving rise to the interest, dividend, split,
warrant, or other right to which the owner would be entitled.
(m) "Firearm" has the meaning ascribed to that term in
Section 2-7.5 of the Criminal Code of 2012 the Firearm Owners

SB2136 - 451 - LRB103 27172 RLC 53542 b
Identification Card Act.
(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99;
91-748, eff. 6-2-00.)
Section 115. The Revised Uniform Unclaimed Property Act is
amended by changing Section 15-705 as follows:
(765 ILCS 1026/15-705)
Sec. 15-705. Exceptions to the sale of tangible property.
The administrator shall dispose of tangible property
identified by this Section in accordance with this Section.
(a) Military medals or decorations. The administrator may
not sell a medal or decoration awarded for military service in
the armed forces of the United States. Instead, the
administrator, with the consent of the respective organization
under paragraph (1), agency under paragraph (2), or entity
under paragraph (3), may deliver a medal or decoration to be
held in custody for the owner, to:
(1) a military veterans organization qualified under
Section 501(c)(19) of the Internal Revenue Code;
(2) the agency that awarded the medal or decoration;
or
(3) a governmental entity.
After delivery, the administrator is not responsible for
the safekeeping of the medal or decoration.
(b) Property with historical value. Property that the

SB2136 - 452 - LRB103 27172 RLC 53542 b
administrator reasonably believes may have historical value
may be, at his or her discretion, loaned to an accredited
museum in the United States where it will be kept until such
time as the administrator orders it to be returned to his or
her custody.
(c) Human remains. If human remains are delivered to the
administrator under this Act, the administrator shall deliver
those human remains to the coroner of the county in which the
human remains were abandoned for disposition under Section
3-3034 of the Counties Code. The only human remains that may be
delivered to the administrator under this Act and that the
administrator may receive are those that are reported and
delivered as contents of a safe deposit box.
(d) Evidence in a criminal investigation. Property that
may have been used in the commission of a crime or that may
assist in the investigation of a crime, as determined after
consulting with the Illinois State Police, shall be delivered
to the Illinois State Police or other appropriate law
enforcement authority to allow law enforcement to determine
whether a criminal investigation should take place. Any such
property delivered to a law enforcement authority shall be
held in accordance with existing statutes and rules related to
the gathering, retention, and release of evidence.
(e) Firearms.
(1) The administrator, in cooperation with the
Illinois State Police, shall develop a procedure to

SB2136 - 453 - LRB103 27172 RLC 53542 b
determine whether a firearm delivered to the administrator
under this Act has been stolen or used in the commission of
a crime. The Illinois State Police shall determine the
appropriate disposition of a firearm that has been stolen
or used in the commission of a crime. The administrator
shall attempt to return a firearm that has not been stolen
or used in the commission of a crime to the rightful owner
if the Illinois State Police determines that the owner may
lawfully possess the firearm.
(2) If the administrator is unable to return a firearm
to its owner, the administrator shall transfer custody of
the firearm to the Illinois State Police. Legal title to a
firearm transferred to the Illinois State Police under
this subsection (e) is vested in the Illinois State Police
by operation of law if:
(i) the administrator cannot locate the owner of
the firearm;
(ii) the owner of the firearm may not lawfully
possess the firearm;
(iii) the apparent owner does not respond to
notice published under Section 15-503 of this Act; or
(iv) the apparent owner responds to notice
published under Section 15-502 and states that he or
she no longer claims an interest in the firearm.
(3) With respect to a firearm whose title is
transferred to the Illinois State Police under this

SB2136 - 454 - LRB103 27172 RLC 53542 b
subsection (e), the Illinois State Police may:
(i) retain the firearm for use by the crime
laboratory system, for training purposes, or for any
other application as deemed appropriate by the
Department;
(ii) transfer the firearm to the Illinois State
Museum if the firearm has historical value; or
(iii) destroy the firearm if it is not retained
pursuant to subparagraph (i) or transferred pursuant
to subparagraph (ii).
As used in this subsection, "firearm" has the meaning
provided in Section 2-7.5 of the Criminal Code of 2012 the
Firearm Owners Identification Card Act.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 195. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 999. Effective date. This Act takes effect January
1, 2024.
SB2136 - 455 - LRB103 27172 RLC 53542 b
INDEX
Statutes amended in order of appearance
5 ILCS 120/2 from Ch. 102, par. 42
5 ILCS 140/7.5
5 ILCS 805/15
5 ILCS 830/10-5
5 ILCS 840/40
20 ILCS 2605/2605-10 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5
20 ILCS 2605/2605-200 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-595
20 ILCS 2605/2605-120 rep.
20 ILCS 2605/2605-304 rep.
20 ILCS 2630/2.2
20 ILCS 3930/7.9
30 ILCS 105/6z-99
30 ILCS 105/6z-127
30 ILCS 500/1-10
30 ILCS 715/3 from Ch. 56 1/2, par. 1703
50 ILCS 710/1 from Ch. 85, par. 515
105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
105 ILCS 5/10-27.1A
105 ILCS 5/34-8.05
225 ILCS 210/2005 from Ch. 96 1/2, par. 1-2005
225 ILCS 447/35-30
SB2136 - 456 - LRB103 27172 RLC 53542 b
225 ILCS 447/35-35
405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106
405 ILCS 5/1-116 from Ch. 91 1/2, par. 1-116
405 ILCS 5/6-103.1
405 ILCS 5/6-103.2
405 ILCS 5/6-103.3
410 ILCS 45/2 from Ch. 111 1/2, par. 1302
430 ILCS 65/Act rep.
430 ILCS 66/25
430 ILCS 66/30
430 ILCS 66/40
430 ILCS 66/66
430 ILCS 66/70
430 ILCS 66/80
430 ILCS 66/105
430 ILCS 67/35
430 ILCS 67/40
430 ILCS 68/5-20
430 ILCS 68/5-25
430 ILCS 68/5-40
430 ILCS 68/5-85
520 ILCS 5/3.2 from Ch. 61, par. 3.2
520 ILCS 5/3.2a from Ch. 61, par. 3.2a
720 ILCS 5/2-7.1
720 ILCS 5/2-7.5
720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
SB2136 - 457 - LRB103 27172 RLC 53542 b
720 ILCS 5/16-0.1
720 ILCS 5/17-30 was 720 ILCS 5/16C-2
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.6
720 ILCS 5/24-1.8
720 ILCS 5/24-1.9
720 ILCS 5/24-1.10
720 ILCS 5/24-2
720 ILCS 5/24-3 from Ch. 38, par. 24-3
720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1
720 ILCS 5/24-3.2 from Ch. 38, par. 24-3.2
720 ILCS 5/24-3.4 from Ch. 38, par. 24-3.4
720 ILCS 5/24-3.5
720 ILCS 5/24-3B
720 ILCS 5/24-4.1
720 ILCS 5/24-4.5 new
720 ILCS 5/24-5.1
720 ILCS 5/24-9
720 ILCS 646/10
725 ILCS 5/102-7.1
725 ILCS 5/110-10 from Ch. 38, par. 110-10
725 ILCS 5/112A-11.1
725 ILCS 5/112A-11.2
725 ILCS 5/112A-14 from Ch. 38, par. 112A-14
725 ILCS 5/112A-14.7
SB2136 - 458 - LRB103 27172 RLC 53542 b