Bill Text: IL SB2264 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012, the Unified Code of Corrections, and the County Jail Act. Permits currently employed and retired State correctional officers and county correctional officers to carry their own firearms off duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements. Deletes language regarding the use of firearms by athletes at the 2016 Olympic and Paralympic Games.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB2264 Detail]

Download: Illinois-2021-SB2264-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB2264 Introduced 2/26/2021, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-2
730 ILCS 5/3-2-13 new
730 ILCS 125/26.1 new
Amends the Criminal Code of 2012, the Unified Code of Corrections, and the County Jail Act. Permits currently employed and retired State correctional officers and county correctional officers to carry their own firearms off duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements. Deletes language regarding the use of firearms by athletes at the 2016 Olympic and Paralympic Games.
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A BILL FOR
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AN ACT concerning correctional officers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Section 24-2 as follows:
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense,
while in the performance of their official duty, or while
commuting between their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard or the
Reserve Officers Training Corps, while in the performance
of their official duty.
(4) Special agents employed by a railroad or a public

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utility to perform police functions, and guards of armored
car companies, while actually engaged in the performance
of the duties of their employment or commuting between
their homes and places of employment; and watchmen while
actually engaged in the performance of the duties of their
employment.
(5) Persons licensed as private security contractors,
private detectives, or private alarm contractors, or
employed by 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 20 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

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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 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
40 hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this
exemption if he or she has completed the required 20 hours

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of training for a security officer and 20 hours of
required firearm training, and has been issued a firearm
control card by the Department of 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

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successfully completed a course of study, approved by and
supervised by the Department of Financial and Professional
Regulation, consisting of not less than 40 hours of
training which includes theory of law enforcement,
liability for acts, and the handling of weapons. A person
shall be considered to be eligible for this exemption if
he or she has completed the required 20 hours of training
for a security officer and 20 hours of required firearm
training, and has been issued a firearm control card by
the Department of 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

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Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys Appellate
Prosecutor to carry weapons pursuant to Section 7.06 of
the State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(12.5) Probation officers while in the performance of
their duties, or while commuting between their homes,
places of employment or specific locations that are part
of their assigned duties, with the consent of the chief
judge of the circuit for which they are employed, 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.

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(14) Manufacture, transportation, or sale of weapons
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 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 with a license or
permit while engaged in hunting, trapping or fishing.
(4) Transportation of weapons that are broken down in
a non-functioning state or are not immediately accessible.

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

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

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such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
(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
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

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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
devices, firearms, or ammunition, but only with respect to
activities that are within the lawful scope of that business,

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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-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any currently employed or
retired:
(1) State correctional officer who meets the

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qualifications and conditions prescribed in Section 3-2-13
of the Unified Code of Corrections; or
(2) county correctional officer who meets the
qualifications and conditions prescribed in Section 26.1
of the County Jail Act.
(g-10) (Blank). Subsections 24-1(a)(4), 24-1(a)(8), and
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
athlete's possession, transport on official Olympic and
Paralympic transit systems established for athletes, or use of
competition firearms sanctioned by the International Olympic
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting in
connection with such athlete's training for and participation
in shooting competitions at the 2016 Olympic and Paralympic
Games and sanctioned test events leading up to the 2016
Olympic and Paralympic Games.
(h) An information or indictment based upon a violation of
any subsection of this Article need not negative any
exemptions contained in this Article. The defendant shall have
the burden of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm
consigned to a common carrier operating under license of the
State of Illinois or the federal government, where such
transportation, carrying, or possession is incident to the

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lawful transportation in which such common carrier is engaged;
and nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession of any
pistol, revolver, stun gun, taser, or other firearm, not the
subject of and regulated by subsection 24-1(a)(7) or
subsection 24-2(c) of this Article, which is unloaded and
enclosed in a case, firearm carrying box, shipping box, or
other container, by the possessor of a valid Firearm Owners
Identification Card.
(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
Section 10. The Unified Code of Corrections is amended by
adding Section 3-2-13 as follows:
(730 ILCS 5/3-2-13 new)
Sec. 3-2-13. State correctional officers; off-duty
firearms.
(a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 of the Criminal Code of 2012 do not apply to currently
employed or retired State correctional officers who meet the
following conditions:
(1) The currently employed or retired State
correctional officer must be at least 21 years of age and
possess a valid Firearm Owner's Identification Card as
prescribed in the Firearm Owners Identification Card Act,
receive training in the use of firearms while off duty

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conducted by the Illinois Law Enforcement Training
Standards Board, and be certified as successfully
completing the training by the Board. The Board shall
determine the amount of the training and the course
content for the training. The currently employed or
retired State correctional officer shall requalify for the
firearms training annually at a State range certified by
the Illinois Law Enforcement Training Standards Board. The
expenses of the retraining shall be paid by the currently
employed or retired State correctional officer and moneys
for the costs of the requalification shall be expended at
the request of the Illinois Law Enforcement Training
Standards Board.
(2) The currently employed or retired State
correctional officer shall purchase the firearm at his or
her own expense and shall register the firearm with the
Illinois State Police and with any other local law
enforcement agencies that require the registration.
(3) The currently employed or retired State
correctional officer may not carry any Illinois Department
of Corrections or Department of Juvenile Justice
State-issued firearm while off duty. A person who violates
this paragraph (3) is subject to disciplinary action by
the Illinois Department of Corrections or the Department
of Juvenile Justice.
(4) State correctional officers who are or were

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discharged from employment by the Illinois Department of
Corrections or the Department of Juvenile Justice for
cause shall no longer be considered law enforcement
officials and all their rights as law enforcement
officials shall be revoked permanently, unless employed
thereafter by the Department of Corrections or the
Department of Juvenile Justice.
(b) As used in this Section, "State correctional officer"
means an employee of the Department of Corrections or the
Department of Juvenile Justice who has custody and control
over inmates in an adult or juvenile correctional facility.
Section 15. The County Jail Act is amended by adding
Section 26.1 as follows:
(730 ILCS 125/26.1 new)
Sec. 26.1. County correctional officers; off-duty
firearms.
(a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 of the Criminal Code of 2012 do not apply to currently
employed or retired county correctional officers who meet the
following conditions:
(1) The currently employed or retired county
correctional officer must be at least 21 years of age and
possess a valid Firearm Owner's Identification Card as
prescribed in the Firearm Owners Identification Card Act,

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receive training in the use of firearms while off duty
conducted by the Illinois Law Enforcement Training
Standards Board, and be certified as successfully
completing the training by the Board. The Board shall
determine the amount of the training and the course
content for the training. The currently employed or
retired county correctional officer shall requalify for
the firearms training annually at a State range certified
by the Illinois Law Enforcement Training Standards Board.
The expenses of the retraining shall be paid by the
currently employed or retired county correctional officer
and moneys for the costs of the requalification shall be
expended at the request of the Illinois Law Enforcement
Training Standards Board.
(2) The currently employed or retired county
correctional officer shall purchase the firearm at his or
her own expense and shall register the firearm with the
Illinois State Police and with any other local law
enforcement agencies that require the registration.
(3) The currently employed or retired county
correctional officer may not carry any county
sheriff-issued firearm while off duty. A person who
violates this paragraph (3) is subject to disciplinary
action by the county sheriff.
(4) County correctional officers who are or were
discharged from employment by a county sheriff for cause

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shall no longer be considered law enforcement officials
and all their rights as law enforcement officials shall be
revoked permanently, unless employed thereafter by a
county sheriff.
(b) As used in this Section, "county correctional officer"
means an employee of the county who has custody and control
over inmates in a county jail or juvenile detention center.