Bill Text: IL SB3625 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Firearm Owners Identification Card Act. Makes a technical change in a Section concerning notification of dispositions of certain criminal cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB3625 Detail]
Download: Illinois-2011-SB3625-Amended.html
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1 | AMENDMENT TO SENATE BILL 3625
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2 | AMENDMENT NO. ______. Amend Senate Bill 3625 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7.5 as follows:
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6 | (5 ILCS 140/7.5) | ||||||
7 | Sec. 7.5. Statutory Exemptions. To the extent provided for | ||||||
8 | by the statutes referenced below, the following shall be exempt | ||||||
9 | from inspection and copying: | ||||||
10 | (a) All information determined to be confidential under | ||||||
11 | Section 4002 of the Technology Advancement and Development Act. | ||||||
12 | (b) Library circulation and order records identifying | ||||||
13 | library users with specific materials under the Library Records | ||||||
14 | Confidentiality Act. | ||||||
15 | (c) Applications, related documents, and medical records | ||||||
16 | received by the Experimental Organ Transplantation Procedures |
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1 | Board and any and all documents or other records prepared by | ||||||
2 | the Experimental Organ Transplantation Procedures Board or its | ||||||
3 | staff relating to applications it has received. | ||||||
4 | (d) Information and records held by the Department of | ||||||
5 | Public Health and its authorized representatives relating to | ||||||
6 | known or suspected cases of sexually transmissible disease or | ||||||
7 | any information the disclosure of which is restricted under the | ||||||
8 | Illinois Sexually Transmissible Disease Control Act. | ||||||
9 | (e) Information the disclosure of which is exempted under | ||||||
10 | Section 30 of the Radon Industry Licensing Act. | ||||||
11 | (f) Firm performance evaluations under Section 55 of the | ||||||
12 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
13 | Based Selection Act. | ||||||
14 | (g) Information the disclosure of which is restricted and | ||||||
15 | exempted under Section 50 of the Illinois Prepaid Tuition Act. | ||||||
16 | (h) Information the disclosure of which is exempted under | ||||||
17 | the State Officials and Employees Ethics Act, and records of | ||||||
18 | any lawfully created State or local inspector general's office | ||||||
19 | that would be exempt if created or obtained by an Executive | ||||||
20 | Inspector General's office under that Act. | ||||||
21 | (i) Information contained in a local emergency energy plan | ||||||
22 | submitted to a municipality in accordance with a local | ||||||
23 | emergency energy plan ordinance that is adopted under Section | ||||||
24 | 11-21.5-5 of the Illinois Municipal Code. | ||||||
25 | (j) Information and data concerning the distribution of | ||||||
26 | surcharge moneys collected and remitted by wireless carriers |
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1 | under the Wireless Emergency Telephone Safety Act. | ||||||
2 | (k) Law enforcement officer identification information or | ||||||
3 | driver identification information compiled by a law | ||||||
4 | enforcement agency or the Department of Transportation under | ||||||
5 | Section 11-212 of the Illinois Vehicle Code. | ||||||
6 | (l) Records and information provided to a residential | ||||||
7 | health care facility resident sexual assault and death review | ||||||
8 | team or the Executive Council under the Abuse Prevention Review | ||||||
9 | Team Act. | ||||||
10 | (m) Information provided to the predatory lending database | ||||||
11 | created pursuant to Article 3 of the Residential Real Property | ||||||
12 | Disclosure Act, except to the extent authorized under that | ||||||
13 | Article. | ||||||
14 | (n) Defense budgets and petitions for certification of | ||||||
15 | compensation and expenses for court appointed trial counsel as | ||||||
16 | provided under Sections 10 and 15 of the Capital Crimes | ||||||
17 | Litigation Act. This subsection (n) shall apply until the | ||||||
18 | conclusion of the trial of the case, even if the prosecution | ||||||
19 | chooses not to pursue the death penalty prior to trial or | ||||||
20 | sentencing. | ||||||
21 | (o) Information that is prohibited from being disclosed | ||||||
22 | under Section 4 of the Illinois Health and Hazardous Substances | ||||||
23 | Registry Act. | ||||||
24 | (p) Security portions of system safety program plans, | ||||||
25 | investigation reports, surveys, schedules, lists, data, or | ||||||
26 | information compiled, collected, or prepared by or for the |
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1 | Regional Transportation Authority under Section 2.11 of the | ||||||
2 | Regional Transportation Authority Act or the St. Clair County | ||||||
3 | Transit District under the Bi-State Transit Safety Act. | ||||||
4 | (q) Information prohibited from being disclosed by the | ||||||
5 | Personnel Records Review Act. | ||||||
6 | (r) Information prohibited from being disclosed by the | ||||||
7 | Illinois School Student Records Act. | ||||||
8 | (s) Information the disclosure of which is restricted under | ||||||
9 | Section 5-108 of the Public Utilities Act.
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10 | (t) All identified or deidentified health information in | ||||||
11 | the form of health data or medical records contained in, stored | ||||||
12 | in, submitted to, transferred by, or released from the Illinois | ||||||
13 | Health Information Exchange, and identified or deidentified | ||||||
14 | health information in the form of health data and medical | ||||||
15 | records of the Illinois Health Information Exchange in the | ||||||
16 | possession of the Illinois Health Information Exchange | ||||||
17 | Authority due to its administration of the Illinois Health | ||||||
18 | Information Exchange. The terms "identified" and | ||||||
19 | "deidentified" shall be given the same meaning as in the Health | ||||||
20 | Insurance Accountability and Portability Act of 1996, Public | ||||||
21 | Law 104-191, or any subsequent amendments thereto, and any | ||||||
22 | regulations promulgated thereunder. | ||||||
23 | (u) Records and information provided to an independent team | ||||||
24 | of experts under Brian's Law. | ||||||
25 | (v) Names and information of people who have applied for or | ||||||
26 | received Firearm Owner's Identification Cards or certificates |
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1 | of handgun registration under the Firearm Owners | ||||||
2 | Identification Card and Certificate of Handgun Registration | ||||||
3 | Act. | ||||||
4 | (w) (v) Personally identifiable information which is | ||||||
5 | exempted from disclosure under subsection (g) of Section 19.1 | ||||||
6 | of the Toll Highway Act. | ||||||
7 | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | ||||||
8 | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | ||||||
9 | 8-12-11; 97-342, eff. 8-12-11; revised 9-2-11.)
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10 | Section 10. The Department of State Police Law of the
Civil | ||||||
11 | Administrative Code of Illinois is amended by changing Sections | ||||||
12 | 2605-45 and 2605-120 as follows:
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13 | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
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14 | Sec. 2605-45. Division of Administration. The Division of
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15 | Administration shall exercise the
following functions:
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16 | (1) Exercise the rights, powers, and duties vested in | ||||||
17 | the
Department
by the
Governor's Office of Management and | ||||||
18 | Budget Act.
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19 | (2) Pursue research and the publication of studies | ||||||
20 | pertaining
to local
law enforcement activities.
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21 | (3) Exercise the rights, powers, and duties vested in | ||||||
22 | the
Department
by the Personnel Code.
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23 | (4) Operate an electronic data processing and computer | ||||||
24 | center
for the
storage and retrieval of data pertaining to |
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1 | criminal activity.
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2 | (5) Exercise the rights, powers, and duties vested in
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3 | the former Division of
State Troopers by Section 17 of the | ||||||
4 | State Police
Act.
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5 | (6) Exercise the rights, powers, and duties vested in
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6 | the Department
by "An Act relating to internal auditing in | ||||||
7 | State government", approved
August 11, 1967 (repealed; now | ||||||
8 | the Fiscal Control and Internal Auditing Act,
30 ILCS 10/).
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9 | (6.5) Exercise the rights, powers, and duties vested in | ||||||
10 | the Department
by the Firearm Owners Identification Card | ||||||
11 | and Certificate of Handgun Registration Act.
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12 | (7) Exercise other duties that may be assigned
by the | ||||||
13 | Director to
fulfill the responsibilities and achieve the | ||||||
14 | purposes of the Department.
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15 | (Source: P.A. 94-793, eff. 5-19-06.)
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16 | (20 ILCS 2605/2605-120) (was 20 ILCS 2605/55a in part)
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17 | Sec. 2605-120. Firearm Owners Identification Card and | ||||||
18 | Certificate of Handgun Registration Act. To
exercise the | ||||||
19 | rights, powers, and duties that have been vested
in the | ||||||
20 | Department of Public Safety by the Firearm Owners | ||||||
21 | Identification
Card and Certificate of Handgun Registration | ||||||
22 | Act.
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23 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
24 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
25 | eff. 8-14-98;
91-239, eff. 1-1-00.)
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1 | Section 15. The State Finance Act is amended by adding | ||||||
2 | Sections 5.811, 5.812, 5.813, 6z-93, and 6z-94 as follows:
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3 | (30 ILCS 105/5.811 new) | ||||||
4 | Sec. 5.811. The National Instant Criminal Background Check | ||||||
5 | System Improvement Fund.
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6 | (30 ILCS 105/5.812 new) | ||||||
7 | Sec. 5.812. The Illinois LEADS Information and Technology | ||||||
8 | Improvement Fund.
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9 | (30 ILCS 105/5.813 new) | ||||||
10 | Sec. 5.813. The Handgun Certificate Administration Fund.
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11 | (30 ILCS 105/6z-93 new) | ||||||
12 | Sec. 6z-93. National Instant Criminal Background Check | ||||||
13 | System Improvement Fund. | ||||||
14 | (a) There is created in the State treasury a special fund | ||||||
15 | known as National Instant Criminal Background Check System | ||||||
16 | Improvement Fund. The Fund shall receive revenue pursuant to | ||||||
17 | Section 3.4 of the Firearm Owners Identification Card and | ||||||
18 | Certificate of Handgun Registration Act. The Fund may also | ||||||
19 | receive revenue from grants, donations, appropriations, and | ||||||
20 | any other legal source. | ||||||
21 | (b) The Department of State Police shall use moneys in the |
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1 | Fund to perform its duties and responsibilities under | ||||||
2 | subsection (e) of Section 3.1 of the Firearm Owners | ||||||
3 | Identification Card and Certificate of Handgun Registration | ||||||
4 | Act. | ||||||
5 | (c) Expenditures may be made from the Fund only as | ||||||
6 | appropriated by the General Assembly by law. | ||||||
7 | (d) Investment income that is attributable to the | ||||||
8 | investment of moneys in the Fund shall be retained in the Fund | ||||||
9 | for the uses specified in this Section. | ||||||
10 | (e) The Fund shall not be subject to administrative | ||||||
11 | chargebacks.
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12 | (30 ILCS 105/6z-94 new) | ||||||
13 | Sec. 6z-94. Illinois LEADS Information and Technology | ||||||
14 | Improvement Fund. | ||||||
15 | (a) There is created in the State treasury a special fund | ||||||
16 | known as the Illinois LEADS Information and Technology | ||||||
17 | Improvement Fund. The Fund shall receive revenue pursuant to | ||||||
18 | Section 3.4 of the Firearm Owners Identification Card and | ||||||
19 | Certificate of Handgun Registration Act. The Fund may also | ||||||
20 | receive revenue from grants, donations, appropriations, and | ||||||
21 | any other legal source. | ||||||
22 | (b) The Department of State Police shall use the moneys in | ||||||
23 | the Fund to update and improve the technology used for the Law | ||||||
24 | Enforcement Agencies Data System (LEADS) system. The Fund shall | ||||||
25 | also be used to support the Department's responsibilities in |
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1 | managing background checks and public safety record-keeping. | ||||||
2 | (c) Moneys in the Fund shall also be used to fund grants | ||||||
3 | made available to local law enforcement to support their | ||||||
4 | technological infrastructure. | ||||||
5 | (d) Expenditures may be made from the Fund only as | ||||||
6 | appropriated by the General Assembly by law. | ||||||
7 | (e) Investment income that is attributable to the | ||||||
8 | investment of moneys in the Fund shall be retained in the Fund | ||||||
9 | for the uses specified in this Section. | ||||||
10 | (f) The Fund shall not be subject to administrative | ||||||
11 | chargebacks.
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12 | Section 20. The School Code is amended by changing Sections | ||||||
13 | 10-22.6, 10-27.1A, and 34-8.05 as follows:
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14 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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15 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
16 | searches.
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17 | (a) To expel pupils guilty of gross disobedience or | ||||||
18 | misconduct, including gross disobedience or misconduct | ||||||
19 | perpetuated by electronic means, and
no action shall lie | ||||||
20 | against them for such expulsion. Expulsion shall
take place | ||||||
21 | only after the parents have been requested to appear at a
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22 | meeting of the board, or with a hearing officer appointed by | ||||||
23 | it, to
discuss their child's behavior. Such request shall be | ||||||
24 | made by registered
or certified mail and shall state the time, |
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1 | place and purpose of the
meeting. The board, or a hearing | ||||||
2 | officer appointed by it, at such
meeting shall state the | ||||||
3 | reasons for dismissal and the date on which the
expulsion is to | ||||||
4 | become effective. If a hearing officer is appointed by
the | ||||||
5 | board he shall report to the board a written summary of the | ||||||
6 | evidence
heard at the meeting and the board may take such | ||||||
7 | action thereon as it
finds appropriate. An expelled pupil may | ||||||
8 | be immediately transferred to an alternative program in the | ||||||
9 | manner provided in Article 13A or 13B of this Code. A pupil | ||||||
10 | must not be denied transfer because of the expulsion, except in | ||||||
11 | cases in which such transfer is deemed to cause a threat to the | ||||||
12 | safety of students or staff in the alternative program.
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13 | (b) To suspend or by policy to authorize the superintendent | ||||||
14 | of
the district or the principal, assistant principal, or dean | ||||||
15 | of students
of any school to suspend pupils guilty of gross | ||||||
16 | disobedience or misconduct, or
to suspend pupils guilty of | ||||||
17 | gross disobedience or misconduct on the school bus
from riding | ||||||
18 | the school bus, and no action
shall lie against them for such | ||||||
19 | suspension. The board may by policy
authorize the | ||||||
20 | superintendent of the district or the principal, assistant
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21 | principal, or dean of students of any
school to suspend pupils | ||||||
22 | guilty of such acts for a period not to exceed
10 school days. | ||||||
23 | If a pupil is suspended due to gross disobedience or misconduct
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24 | on a school bus, the board may suspend the pupil in excess of | ||||||
25 | 10
school
days for safety reasons. Any suspension shall be | ||||||
26 | reported immediately to the
parents or guardian of such pupil |
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1 | along with a full statement of the
reasons for such suspension | ||||||
2 | and a notice of their right to a review. The school board must | ||||||
3 | be given a summary of the notice, including the reason for the | ||||||
4 | suspension and the suspension length. Upon request of the
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5 | parents or guardian the school board or a hearing officer | ||||||
6 | appointed by
it shall review such action of the superintendent | ||||||
7 | or principal, assistant
principal, or dean of students. At such
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8 | review the parents or guardian of the pupil may appear and | ||||||
9 | discuss the
suspension with the board or its hearing officer. | ||||||
10 | If a hearing officer
is appointed by the board he shall report | ||||||
11 | to the board a written summary
of the evidence heard at the | ||||||
12 | meeting. After its hearing or upon receipt
of the written | ||||||
13 | report of its hearing officer, the board may take such
action | ||||||
14 | as it finds appropriate. A pupil who is suspended in excess of | ||||||
15 | 20 school days may be immediately transferred to an alternative | ||||||
16 | program in the manner provided in Article 13A or 13B of this | ||||||
17 | Code. A pupil must not be denied transfer because of the | ||||||
18 | suspension, except in cases in which such transfer is deemed to | ||||||
19 | cause a threat to the safety of students or staff in the | ||||||
20 | alternative program.
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21 | (c) The Department of Human Services
shall be invited to | ||||||
22 | send a representative to consult with the board at
such meeting | ||||||
23 | whenever there is evidence that mental illness may be the
cause | ||||||
24 | for expulsion or suspension.
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25 | (d) The board may expel a student for a definite period of | ||||||
26 | time not to
exceed 2 calendar years, as determined on a case by |
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1 | case basis.
A student who
is determined to have brought one of | ||||||
2 | the following objects to school, any school-sponsored activity
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3 | or event, or any activity or event that bears a reasonable | ||||||
4 | relationship to school shall be expelled for a period of not | ||||||
5 | less than
one year: | ||||||
6 | (1) A firearm. For the purposes of this Section, | ||||||
7 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
8 | by Section 921 of Title 18 of the United States Code, | ||||||
9 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
10 | Identification Card and Certificate of Handgun | ||||||
11 | Registration Act, or firearm as defined in Section 24-1 of | ||||||
12 | the Criminal Code of 1961. The expulsion period under this | ||||||
13 | subdivision (1) may be modified by the superintendent, and | ||||||
14 | the superintendent's determination may be modified by the | ||||||
15 | board on a case-by-case basis. | ||||||
16 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
17 | regardless of its composition, a billy club, or any other | ||||||
18 | object if used or attempted to be used to cause bodily | ||||||
19 | harm, including "look alikes" of any firearm as defined in | ||||||
20 | subdivision (1) of this subsection (d). The expulsion | ||||||
21 | requirement under this subdivision (2) may be modified by | ||||||
22 | the superintendent, and the superintendent's determination | ||||||
23 | may be modified by the board on a case-by-case basis. | ||||||
24 | Expulsion
or suspension
shall be construed in a
manner | ||||||
25 | consistent with the Federal Individuals with Disabilities | ||||||
26 | Education
Act. A student who is subject to suspension or |
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1 | expulsion as provided in this
Section may be eligible for a | ||||||
2 | transfer to an alternative school program in
accordance with | ||||||
3 | Article 13A of the School Code. The provisions of this
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4 | subsection (d) apply in all school districts,
including special | ||||||
5 | charter districts and districts organized under Article 34.
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6 | (d-5) The board may suspend or by regulation
authorize the | ||||||
7 | superintendent of the district or the principal, assistant
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8 | principal, or dean of students of any
school to suspend a | ||||||
9 | student for a period not to exceed
10 school days or may expel | ||||||
10 | a student for a definite period of time not to
exceed 2 | ||||||
11 | calendar years, as determined on a case by case basis, if (i) | ||||||
12 | that student has been determined to have made an explicit | ||||||
13 | threat on an Internet website against a school employee, a | ||||||
14 | student, or any school-related personnel, (ii) the Internet | ||||||
15 | website through which the threat was made is a site that was | ||||||
16 | accessible within the school at the time the threat was made or | ||||||
17 | was available to third parties who worked or studied within the | ||||||
18 | school grounds at the time the threat was made, and (iii) the | ||||||
19 | threat could be reasonably interpreted as threatening to the | ||||||
20 | safety and security of the threatened individual because of his | ||||||
21 | or her duties or employment status or status as a student | ||||||
22 | inside the school. The provisions of this
subsection (d-5) | ||||||
23 | apply in all school districts,
including special charter | ||||||
24 | districts and districts organized under Article 34 of this | ||||||
25 | Code.
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26 | (e) To maintain order and security in the schools, school |
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1 | authorities may
inspect and search places and areas such as | ||||||
2 | lockers, desks, parking lots, and
other school property and | ||||||
3 | equipment owned or controlled by the school, as well
as | ||||||
4 | personal effects left in those places and areas by students, | ||||||
5 | without notice
to or the consent of the student, and without a | ||||||
6 | search warrant. As a matter of
public policy, the General | ||||||
7 | Assembly finds that students have no reasonable
expectation of | ||||||
8 | privacy in these places and areas or in their personal effects
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9 | left in these places and areas. School authorities may request | ||||||
10 | the assistance
of law enforcement officials for the purpose of | ||||||
11 | conducting inspections and
searches of lockers, desks, parking | ||||||
12 | lots, and other school property and
equipment owned or | ||||||
13 | controlled by the school for illegal drugs, weapons, or
other
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14 | illegal or dangerous substances or materials, including | ||||||
15 | searches conducted
through the use of specially trained dogs. | ||||||
16 | If a search conducted in accordance
with this Section produces | ||||||
17 | evidence that the student has violated or is
violating either | ||||||
18 | the law, local ordinance, or the school's policies or rules,
| ||||||
19 | such evidence may be seized by school authorities, and | ||||||
20 | disciplinary action may
be taken. School authorities may also | ||||||
21 | turn over such evidence to law
enforcement authorities. The | ||||||
22 | provisions of this subsection (e) apply in all
school | ||||||
23 | districts, including special charter districts and districts | ||||||
24 | organized
under Article 34.
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25 | (f) Suspension or expulsion may include suspension or | ||||||
26 | expulsion from
school and all school activities and a |
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1 | prohibition from being present on school
grounds.
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2 | (g) A school district may adopt a policy providing that if | ||||||
3 | a student
is suspended or expelled for any reason from any | ||||||
4 | public or private school
in this or any other state, the | ||||||
5 | student must complete the entire term of
the suspension or | ||||||
6 | expulsion in an alternative school program under Article 13A of | ||||||
7 | this Code or an alternative learning opportunities program | ||||||
8 | under Article 13B of this Code before being admitted into the | ||||||
9 | school
district if there is no threat to the safety of students | ||||||
10 | or staff in the alternative program. This subsection (g) | ||||||
11 | applies to
all school districts, including special charter | ||||||
12 | districts and districts
organized under Article 34 of this | ||||||
13 | Code.
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14 | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | ||||||
15 | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; revised 9-28-11.)
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16 | (105 ILCS 5/10-27.1A)
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17 | Sec. 10-27.1A. Firearms in schools.
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18 | (a) All school officials, including teachers, guidance | ||||||
19 | counselors, and
support staff, shall immediately notify the | ||||||
20 | office of the principal in the
event that they observe any | ||||||
21 | person in possession of a firearm on school
grounds; provided | ||||||
22 | that taking such immediate action to notify the office of the
| ||||||
23 | principal would not immediately endanger the health, safety, or | ||||||
24 | welfare of
students who are under the direct supervision of the | ||||||
25 | school official or the
school official. If the health, safety, |
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| |||||||
1 | or welfare of students under the
direct supervision of the | ||||||
2 | school official or of the school official is
immediately | ||||||
3 | endangered, the school official shall notify the office of the
| ||||||
4 | principal as soon as the students under his or her supervision | ||||||
5 | and he or she
are no longer under immediate danger. A report is | ||||||
6 | not required by this Section
when the school official knows | ||||||
7 | that the person in possession of the firearm is
a law | ||||||
8 | enforcement official engaged in the conduct of his or her | ||||||
9 | official
duties. Any school official acting in good faith who | ||||||
10 | makes such a report under
this Section shall have immunity from | ||||||
11 | any civil or criminal liability that
might otherwise be | ||||||
12 | incurred as a result of making the report. The identity of
the | ||||||
13 | school official making such report shall not be disclosed | ||||||
14 | except as
expressly and specifically authorized by law. | ||||||
15 | Knowingly and willfully failing
to comply with this Section is | ||||||
16 | a petty offense. A second or subsequent offense
is a Class C | ||||||
17 | misdemeanor.
| ||||||
18 | (b) Upon receiving a report from any school official | ||||||
19 | pursuant to this
Section, or from any other person, the | ||||||
20 | principal or his or her designee shall
immediately notify a | ||||||
21 | local law enforcement agency. If the person found to be
in | ||||||
22 | possession of a firearm on school grounds is a student, the | ||||||
23 | principal or
his or her designee shall also immediately notify | ||||||
24 | that student's parent or
guardian. Any principal or his or her | ||||||
25 | designee acting in good faith who makes
such reports under this | ||||||
26 | Section shall have immunity from any civil or criminal
|
| |||||||
| |||||||
1 | liability that might otherwise be incurred or imposed as a | ||||||
2 | result of making
the reports. Knowingly and willfully failing | ||||||
3 | to comply with this Section is a
petty offense. A second or | ||||||
4 | subsequent offense is a Class C misdemeanor. If
the person | ||||||
5 | found to be in possession of the firearm on school grounds is a
| ||||||
6 | minor, the law enforcement agency shall detain that minor until | ||||||
7 | such time as
the agency makes a determination pursuant to | ||||||
8 | clause (a) of subsection (1) of
Section 5-401 of the Juvenile | ||||||
9 | Court Act of 1987, as to whether the agency
reasonably believes | ||||||
10 | that the minor is delinquent. If the law enforcement
agency | ||||||
11 | determines that probable cause exists to believe that the minor
| ||||||
12 | committed a violation of item (4) of subsection (a) of Section | ||||||
13 | 24-1 of the
Criminal Code of 1961 while on school grounds, the | ||||||
14 | agency shall detain the
minor for processing pursuant to | ||||||
15 | Section 5-407 of the Juvenile Court Act of
1987.
| ||||||
16 | (c) On or after January 1, 1997, upon receipt of any | ||||||
17 | written,
electronic, or verbal report from any school personnel | ||||||
18 | regarding a verified
incident involving a firearm in a school | ||||||
19 | or on school owned or leased property,
including any conveyance | ||||||
20 | owned,
leased, or used by the school for the transport of | ||||||
21 | students or school
personnel, the superintendent or his or her | ||||||
22 | designee shall report all such
firearm-related incidents | ||||||
23 | occurring in a school or on school property to the
local law | ||||||
24 | enforcement authorities immediately and to the Department of | ||||||
25 | State
Police in a form, manner, and frequency as prescribed by | ||||||
26 | the Department of
State Police.
|
| |||||||
| |||||||
1 | The State Board of Education shall receive an annual | ||||||
2 | statistical compilation
and related data associated with | ||||||
3 | incidents involving firearms in schools from
the Department of | ||||||
4 | State Police. The State Board of Education shall compile
this | ||||||
5 | information by school district and make it available to the | ||||||
6 | public.
| ||||||
7 | (d) As used in this Section, the term "firearm" shall have | ||||||
8 | the meaning
ascribed to it in Section 1.1 of the Firearm Owners | ||||||
9 | Identification Card and Certificate of Handgun Registration | ||||||
10 | Act.
| ||||||
11 | As used in this Section, the term "school" means any public | ||||||
12 | or private
elementary or secondary school.
| ||||||
13 | As used in this Section, the term "school grounds" includes | ||||||
14 | the real property
comprising any school, any conveyance owned, | ||||||
15 | leased, or contracted by a school
to transport students to or | ||||||
16 | from school or a school-related activity, or any
public way | ||||||
17 | within 1,000 feet of the real property comprising any school.
| ||||||
18 | (Source: P.A. 91-11, eff. 6-4-99; 91-491, eff. 8-13-99.)
| ||||||
19 | (105 ILCS 5/34-8.05)
| ||||||
20 | Sec. 34-8.05. Reporting firearms in schools. On or after | ||||||
21 | January 1,
1997,
upon receipt of any written,
electronic, or | ||||||
22 | verbal report from any school personnel regarding a verified
| ||||||
23 | incident involving a firearm in a school or on school owned or | ||||||
24 | leased property,
including any conveyance owned,
leased, or | ||||||
25 | used by the school for the transport of students or school
|
| |||||||
| |||||||
1 | personnel, the general superintendent or his or her designee | ||||||
2 | shall report all
such
firearm-related incidents occurring in a | ||||||
3 | school or on school property to the
local law enforcement | ||||||
4 | authorities no later than 24 hours after the occurrence
of the | ||||||
5 | incident and to the Department of State Police in a form, | ||||||
6 | manner, and
frequency as prescribed by the Department of State | ||||||
7 | Police.
| ||||||
8 | The State Board of Education shall receive an annual | ||||||
9 | statistical compilation
and related data associated with | ||||||
10 | incidents involving firearms in schools from
the Department of | ||||||
11 | State Police. As used in this Section, the term "firearm"
shall | ||||||
12 | have the meaning ascribed to it in Section 1.1 of the Firearm | ||||||
13 | Owners
Identification Card and Certificate of Handgun | ||||||
14 | Registration Act.
| ||||||
15 | (Source: P.A. 89-498, eff. 6-27-96.)
| ||||||
16 | Section 25. The Lead Poisoning Prevention Act is amended by | ||||||
17 | changing Section 2 as follows:
| ||||||
18 | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
| ||||||
19 | Sec. 2. Definitions. As used in this Act:
| ||||||
20 | "Abatement" means the removal or encapsulation of all | ||||||
21 | leadbearing
substances in a residential building or dwelling | ||||||
22 | unit.
| ||||||
23 | "Child care facility" means any structure used by a child | ||||||
24 | care
provider licensed by the Department of Children and Family |
| |||||||
| |||||||
1 | Services or
public school structure frequented by children | ||||||
2 | through 6 years of
age.
| ||||||
3 | "Delegate agency" means a unit of local government or | ||||||
4 | health
department approved by the Department to carry out the | ||||||
5 | provisions of this Act.
| ||||||
6 | "Department" means the Department of Public Health of the | ||||||
7 | State of
Illinois.
| ||||||
8 | "Dwelling" means any structure all or part of which is | ||||||
9 | designed or
used for human habitation.
| ||||||
10 | "High risk area" means an area in the State determined by | ||||||
11 | the Department to
be high risk for lead exposure for children | ||||||
12 | through 6 years of age. The
Department shall consider, but not | ||||||
13 | be limited to, the following factors to
determine a high risk | ||||||
14 | area: age and condition (using Department of Housing and
Urban
| ||||||
15 | Development definitions of "slum" and "blighted") of housing, | ||||||
16 | proximity to
highway traffic or heavy local traffic or both, | ||||||
17 | percentage of housing
determined as rental or vacant, proximity | ||||||
18 | to industry using lead, established
incidence of elevated blood | ||||||
19 | lead levels in children, percentage of population
living
below | ||||||
20 | 200% of federal poverty guidelines, and number of children | ||||||
21 | residing in
the area who are 6 years of age or younger.
| ||||||
22 | "Exposed surface" means any interior or exterior surface of | ||||||
23 | a dwelling or
residential building.
| ||||||
24 | "Lead abatement contractor" means any person or entity | ||||||
25 | licensed by the
Department to perform lead abatement and | ||||||
26 | mitigation.
|
| |||||||
| |||||||
1 | "Lead abatement worker" means any person employed by a lead | ||||||
2 | abatement
contractor and licensed by the Department to perform | ||||||
3 | lead abatement and
mitigation.
| ||||||
4 | "Lead bearing substance" means any item containing or | ||||||
5 | coated with lead such that the lead content is more than | ||||||
6 | six-hundredths of one percent (0.06%) lead by total weight; or | ||||||
7 | any dust on surfaces or in
furniture or other nonpermanent | ||||||
8 | elements of the dwelling; or any paint or
other surface coating | ||||||
9 | material containing more than five-tenths of one
percent (0.5%) | ||||||
10 | lead by total weight (calculated as lead metal) in the total
| ||||||
11 | non-volatile content of liquid paint; or lead bearing | ||||||
12 | substances containing
greater than one milligram per square | ||||||
13 | centimeter or any lower standard for
lead content in | ||||||
14 | residential paint as may be established by federal law or
| ||||||
15 | regulation; or more than 1 milligram per square centimeter in | ||||||
16 | the dried
film of paint or previously applied substance; or | ||||||
17 | item or dust on item containing lead in
excess of the amount | ||||||
18 | specified in the rules and regulations authorized by
this Act | ||||||
19 | or a lower standard for lead content as may be established by
| ||||||
20 | federal law or regulation. "Lead bearing substance" does not | ||||||
21 | include firearm ammunition or components as defined by the | ||||||
22 | Firearm Owners Identification Card and Certificate of Handgun | ||||||
23 | Registration Act.
| ||||||
24 | "Lead hazard" means a lead bearing substance that poses an
| ||||||
25 | immediate health hazard to humans.
| ||||||
26 | "Lead poisoning" means the condition of having blood lead |
| |||||||
| |||||||
1 | levels in
excess of those considered safe under State and | ||||||
2 | federal rules and regulations.
| ||||||
3 | "Low risk area" means an area in the State determined by | ||||||
4 | the Department to
be low risk for lead exposure for children | ||||||
5 | through 6 years of age. The
Department shall consider the | ||||||
6 | factors named in "high risk area" to determine
low risk areas.
| ||||||
7 | "Mitigation" means the remediation, in a manner described | ||||||
8 | in Section 9,
of a lead hazard so that the lead bearing | ||||||
9 | substance does not pose an
immediate health hazard to humans.
| ||||||
10 | "Owner" means any person, who alone, jointly, or severally | ||||||
11 | with
others:
| ||||||
12 | (a) Has legal title to any dwelling or residential | ||||||
13 | building, with or
without accompanying actual possession | ||||||
14 | of the dwelling or residential
building, or
| ||||||
15 | (b) Has charge, care or control of the dwelling or | ||||||
16 | residential
building as owner or agent of the owner, or as | ||||||
17 | executor, administrator,
trustee, or guardian of the | ||||||
18 | estate of the owner.
| ||||||
19 | "Person" means any one or more natural persons, legal | ||||||
20 | entities,
governmental bodies, or any combination.
| ||||||
21 | "Residential building" means any room, group of rooms, or | ||||||
22 | other
interior areas of a structure designed or used for human | ||||||
23 | habitation; common
areas accessible by inhabitants; and the | ||||||
24 | surrounding property or structures.
| ||||||
25 | "Risk assessment" means a questionnaire to be developed by | ||||||
26 | the Department
for use by physicians and other health care |
| |||||||
| |||||||
1 | providers to determine risk factors
for children through 6 | ||||||
2 | years of age residing in areas designated as low risk
for lead | ||||||
3 | exposure.
| ||||||
4 | (Source: P.A. 94-879, eff. 6-20-06.)
| ||||||
5 | Section 30. The Firearm Owners Identification Card Act is | ||||||
6 | amended by changing Sections 0.01, 1, 1.1, 3, 3.1, 4, 6.1, and | ||||||
7 | 14 and by adding Section 3.4 as follows:
| ||||||
8 | (430 ILCS 65/0.01) (from Ch. 38, par. 83-0.1)
| ||||||
9 | Sec. 0.01. Short title. This Act may be cited as the
| ||||||
10 | Firearm Owners Identification Card and Certificate of Handgun | ||||||
11 | Registration Act.
| ||||||
12 | (Source: P.A. 86-1324.)
| ||||||
13 | (430 ILCS 65/1) (from Ch. 38, par. 83-1)
| ||||||
14 | Sec. 1. It is hereby declared as a matter of legislative | ||||||
15 | determination that
in order to promote and protect the health, | ||||||
16 | safety and welfare of the
public, it is necessary and in the | ||||||
17 | public interest to provide a system of
identifying persons who | ||||||
18 | are not qualified to acquire or possess firearms, firearm | ||||||
19 | ammunition, stun guns, and tasers within the State of Illinois | ||||||
20 | by the establishment of
a system of Firearm Owner's | ||||||
21 | Identification Cards and handgun registration , thereby | ||||||
22 | establishing a
practical and workable system by which law | ||||||
23 | enforcement authorities will be
afforded an opportunity to |
| |||||||
| |||||||
1 | identify those persons who are prohibited by
Section 24-3.1 of | ||||||
2 | the "Criminal Code of 1961", as amended, from
acquiring or | ||||||
3 | possessing firearms and firearm ammunition and who are | ||||||
4 | prohibited by this Act from acquiring stun guns and tasers , and | ||||||
5 | to identify the ownership of handguns that have been recovered | ||||||
6 | or seized as evidence .
| ||||||
7 | (Source: P.A. 94-6, eff. 1-1-06.)
| ||||||
8 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
9 | Sec. 1.1. For purposes of this Act:
| ||||||
10 | "Has been adjudicated as a mental defective" means the | ||||||
11 | person is the subject of a determination by a court, board, | ||||||
12 | commission or other lawful authority that a person, as a result | ||||||
13 | of marked subnormal intelligence, or mental illness, mental | ||||||
14 | impairment, incompetency, condition, or disease: | ||||||
15 | (1) is a danger to himself, herself, or to others; | ||||||
16 | (2) lacks the mental capacity to manage his or her own | ||||||
17 | affairs; | ||||||
18 | (3) is not guilty in a criminal case by reason of | ||||||
19 | insanity, mental disease or defect; | ||||||
20 | (4) is incompetent to stand trial in a criminal case; | ||||||
21 | (5) is not guilty by reason of lack of mental | ||||||
22 | responsibility pursuant to Articles 50a and 72b of the | ||||||
23 | Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
| ||||||
24 | "Certificate of handgun registration" means a certificate | ||||||
25 | issued by the Illinois Department of State Police pursuant to |
| |||||||
| |||||||
1 | Section 3.4 of this Act. | ||||||
2 | "Counterfeit" means to copy or imitate, without legal | ||||||
3 | authority, with
intent
to deceive. | ||||||
4 | "Federally licensed firearm dealer" means a person who is | ||||||
5 | licensed as a federal firearms dealer under Section 923 of the | ||||||
6 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
7 | "Firearm" means any device, by
whatever name known, which | ||||||
8 | is designed to expel a projectile or projectiles
by the action | ||||||
9 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
10 | however:
| ||||||
11 | (1) any pneumatic gun, spring gun, paint ball gun or | ||||||
12 | B-B gun which
either expels a single globular projectile | ||||||
13 | not exceeding .18 inch in
diameter and which has a maximum | ||||||
14 | muzzle velocity of less than 700 feet
per second or | ||||||
15 | breakable paint balls containing washable marking colors;
| ||||||
16 | (2) any device used exclusively for signalling or | ||||||
17 | safety and required or
recommended by the United States | ||||||
18 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
19 | (3) any device used exclusively for the firing of stud | ||||||
20 | cartridges,
explosive rivets or similar industrial | ||||||
21 | ammunition; and
| ||||||
22 | (4) an antique firearm (other than a machine-gun) | ||||||
23 | which, although
designed as a weapon, the Department of | ||||||
24 | State Police finds by reason of
the date of its | ||||||
25 | manufacture, value, design, and other characteristics is
| ||||||
26 | primarily a collector's item and is not likely to be used |
| |||||||
| |||||||
1 | as a weapon.
| ||||||
2 | "Firearm ammunition" means any self-contained cartridge or | ||||||
3 | shotgun
shell, by whatever name known, which is designed to be | ||||||
4 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
5 | (1) any ammunition exclusively designed for use with a | ||||||
6 | device used
exclusively for signalling or safety and | ||||||
7 | required or recommended by the
United States Coast Guard or | ||||||
8 | the Interstate Commerce Commission; and
| ||||||
9 | (2) any ammunition designed exclusively for use with a | ||||||
10 | stud or rivet
driver or other similar industrial | ||||||
11 | ammunition. | ||||||
12 | "Gun show" means an event or function: | ||||||
13 | (1) at which the sale and transfer of firearms is the | ||||||
14 | regular and normal course of business and where 50 or more | ||||||
15 | firearms are displayed, offered, or exhibited for sale, | ||||||
16 | transfer, or exchange; or | ||||||
17 | (2) at which not less than 10 gun show vendors display, | ||||||
18 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
19 | firearms.
| ||||||
20 | "Gun show" includes the entire premises provided for an | ||||||
21 | event or function, including parking areas for the event or | ||||||
22 | function, that is sponsored to facilitate the purchase, sale, | ||||||
23 | transfer, or exchange of firearms as described in this Section.
| ||||||
24 | "Gun show" does not include training or safety classes, | ||||||
25 | competitive shooting events, such as rifle, shotgun, or handgun | ||||||
26 | matches, trap, skeet, or sporting clays shoots, dinners, |
| |||||||
| |||||||
1 | banquets, raffles, or
any other event where the sale or | ||||||
2 | transfer of firearms is not the primary course of business. | ||||||
3 | "Gun show promoter" means a person who organizes or | ||||||
4 | operates a gun show. | ||||||
5 | "Gun show vendor" means a person who exhibits, sells, | ||||||
6 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
7 | show, regardless of whether the person arranges with a gun show | ||||||
8 | promoter for a fixed location from which to exhibit, sell, | ||||||
9 | offer for sale, transfer, or exchange any firearm. | ||||||
10 | "Handgun" means a firearm designed to be held and fired by | ||||||
11 | the use of a single hand, and includes a combination of parts | ||||||
12 | from which the firearm can be assembled. | ||||||
13 | "Sanctioned competitive shooting event" means a shooting | ||||||
14 | contest officially recognized by a national or state shooting | ||||||
15 | sport association, and includes any sight-in or practice | ||||||
16 | conducted in conjunction with the event.
| ||||||
17 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
18 | Section 24-1 of the Criminal Code of 1961. | ||||||
19 | (Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331, | ||||||
20 | eff. 8-21-07; 95-581, eff. 6-1-08 .)
| ||||||
21 | (430 ILCS 65/3) (from Ch. 38, par. 83-3)
| ||||||
22 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
23 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
24 | firearm ammunition, stun gun, or taser to any person within | ||||||
25 | this State unless the
transferee with whom he deals displays a |
| |||||||
| |||||||
1 | currently valid Firearm Owner's
Identification Card which has | ||||||
2 | previously been issued in his name by the
Department of State | ||||||
3 | Police under the provisions of this Act. In addition,
all | ||||||
4 | firearm, stun gun, and taser transfers by federally licensed | ||||||
5 | firearm dealers are subject
to Section 3.1. In addition, the | ||||||
6 | transferor and transferee of a handgun shall be subject to | ||||||
7 | Section 3.4 of this Act regardless of whether the transferor is | ||||||
8 | a federally licensed firearm dealer.
| ||||||
9 | (a-5) Any person who is not a federally licensed firearm | ||||||
10 | dealer and who desires to transfer or sell a firearm while that | ||||||
11 | person is on the grounds of a gun show must, before selling or | ||||||
12 | transferring the firearm, request the Department of State | ||||||
13 | Police to conduct a background check on the prospective | ||||||
14 | recipient of the firearm in accordance with Section 3.1.
| ||||||
15 | Whenever a person who is exempt from Section 3.4 of this Act | ||||||
16 | transfers a handgun to a person who is not exempt, the | ||||||
17 | transferor shall notify the Department of State Police of the | ||||||
18 | transfer, on a form or in a manner prescribed by the | ||||||
19 | Department, within 10 days after the transfer. | ||||||
20 | (b) Any person within this State who transfers or causes to | ||||||
21 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
22 | record of such transfer for a period
of 10 years from the date | ||||||
23 | of transfer. Such record shall contain the date
of the | ||||||
24 | transfer; the description, serial number or other information
| ||||||
25 | identifying the firearm, stun gun, or taser if no serial number | ||||||
26 | is available; and, if the
transfer was completed within this |
| |||||||
| |||||||
1 | State, the transferee's Firearm Owner's
Identification Card | ||||||
2 | number. On or after January 1, 2006, the record shall contain | ||||||
3 | the date of application for transfer of the firearm. On demand | ||||||
4 | of a peace officer such transferor
shall produce for inspection | ||||||
5 | such record of transfer. If the transfer or sale took place at | ||||||
6 | a gun show, the record shall include the unique identification | ||||||
7 | number. Failure to record the unique identification number is a | ||||||
8 | petty offense.
| ||||||
9 | (b-5) Any resident may purchase ammunition from a person | ||||||
10 | outside of Illinois. Any resident purchasing ammunition | ||||||
11 | outside the State of Illinois must provide the seller with a | ||||||
12 | copy of his or her valid Firearm Owner's Identification Card | ||||||
13 | and either his or her Illinois driver's license or Illinois | ||||||
14 | State Identification Card prior to the shipment of the | ||||||
15 | ammunition. The ammunition may be shipped only to an address on | ||||||
16 | either of those 2 documents. | ||||||
17 | (c) The provisions of this Section regarding the transfer | ||||||
18 | of firearm
ammunition shall not apply to those persons | ||||||
19 | specified in paragraph (b) of
Section 2 of this Act.
| ||||||
20 | (Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 94-353, | ||||||
21 | eff. 7-29-05; 94-571, eff. 8-12-05; 95-331, eff. 8-21-07.)
| ||||||
22 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
23 | Sec. 3.1. Dial up system. | ||||||
24 | (a) The Department of State Police shall provide
a dial up | ||||||
25 | telephone system or utilize other existing technology which |
| |||||||
| |||||||
1 | shall be used by any federally licensed
firearm dealer, gun | ||||||
2 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
3 | stun gun, or taser under the provisions of this
Act. The | ||||||
4 | Department of State Police may utilize existing technology | ||||||
5 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
6 | Fees collected by the Department of
State Police shall be | ||||||
7 | deposited in the State Police Services Fund and used
to provide | ||||||
8 | the service.
| ||||||
9 | (b) Upon receiving a request from a federally licensed | ||||||
10 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
11 | Department of State Police shall immediately approve, or within | ||||||
12 | the time
period established by Section 24-3 of the Criminal | ||||||
13 | Code of 1961 regarding
the delivery of firearms, stun guns, and | ||||||
14 | tasers notify the inquiring dealer, gun show promoter, or gun | ||||||
15 | show vendor of any objection that
would disqualify the | ||||||
16 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
17 | taser. In
conducting the inquiry, the Department of State | ||||||
18 | Police shall initiate and
complete an automated search of its | ||||||
19 | criminal history record information
files and those of the | ||||||
20 | Federal Bureau of Investigation, including the
National | ||||||
21 | Instant Criminal Background Check System, and of the files of
| ||||||
22 | the Department of Human Services relating to mental health and
| ||||||
23 | developmental disabilities to obtain
any felony conviction or | ||||||
24 | patient hospitalization information which would
disqualify a | ||||||
25 | person from obtaining or require revocation of a currently
| ||||||
26 | valid Firearm Owner's Identification Card. |
| |||||||
| |||||||
1 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
2 | of the Criminal Code of 1961, federal law, or this Act the | ||||||
3 | Department of State Police shall: | ||||||
4 | (1) assign a unique identification number to the | ||||||
5 | transfer; and | ||||||
6 | (2) provide the licensee, gun show promoter, or gun | ||||||
7 | show vendor with the number. | ||||||
8 | (d) Approvals issued by the Department of State Police for | ||||||
9 | the purchase of a firearm are valid for 30 days from the date | ||||||
10 | of issue.
| ||||||
11 | (e) (1) The Department of State Police must act as the | ||||||
12 | Illinois Point of Contact
for the National Instant Criminal | ||||||
13 | Background Check System. | ||||||
14 | (2) The Department of State Police and the Department of | ||||||
15 | Human Services shall, in accordance with State and federal law | ||||||
16 | regarding confidentiality, enter into a memorandum of | ||||||
17 | understanding with the Federal Bureau of Investigation for the | ||||||
18 | purpose of implementing the National Instant Criminal | ||||||
19 | Background Check System in the State. The Department of State | ||||||
20 | Police shall report the name, date of birth, and physical | ||||||
21 | description of any person prohibited from possessing a firearm | ||||||
22 | pursuant to the Firearm Owners Identification Card and | ||||||
23 | Certificate of Handgun Registration Act or 18 U.S.C. 922(g) and | ||||||
24 | (n) to the National Instant Criminal Background Check System | ||||||
25 | Index, Denied Persons Files.
The Department of State Police | ||||||
26 | shall implement a program to distribute grant moneys, with |
| |||||||
| |||||||
1 | funds appropriated for that purpose, to units of local | ||||||
2 | government to facilitate participation in the National Instant | ||||||
3 | Criminal Background Check System by their enforcement | ||||||
4 | agencies.
| ||||||
5 | (f) The Department of State Police shall promulgate rules | ||||||
6 | not inconsistent with this Section to implement this
system.
| ||||||
7 | (Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331, | ||||||
8 | eff. 8-21-07; 95-564, eff. 6-1-08 .)
| ||||||
9 | (430 ILCS 65/3.4 new) | ||||||
10 | Sec. 3.4. Certificate of handgun registration. | ||||||
11 | (a) No person shall transport or possess a handgun in this | ||||||
12 | State without a certificate of handgun registration issued for | ||||||
13 | that handgun by the Department of State Police. | ||||||
14 | (b) The provisions of this Section prohibiting a person | ||||||
15 | from transporting or possessing a handgun without a certificate | ||||||
16 | of handgun registration do not apply to the following persons: | ||||||
17 | (1) any person who is exempt from the Firearm Owners | ||||||
18 | Identification Card Act requirements pursuant to | ||||||
19 | subsection (b) of Section 2 of this Act; | ||||||
20 | (2) any person who is exempt from the Firearm Owners | ||||||
21 | Identification Card Act requirements pursuant to | ||||||
22 | subsection (c) of Section 2 of this Act; | ||||||
23 | (3) a certified member of the Illinois Firearms | ||||||
24 | Manufacturers Association; and | ||||||
25 | (4) a federally licensed firearm dealer holding a new |
| |||||||
| |||||||
1 | handgun for transfer or sale. | ||||||
2 | (c) An applicant for an original or transferred certificate | ||||||
3 | of handgun registration shall submit an application to the | ||||||
4 | Department, prepared and furnished at convenient locations | ||||||
5 | throughout the State or by electronic means. The application | ||||||
6 | shall request the following information from the applicant: | ||||||
7 | (1) the applicant's name, address, and telephone | ||||||
8 | number; | ||||||
9 | (2) a copy of the applicant's Illinois Firearm Owner's | ||||||
10 | Identification Card; | ||||||
11 | (3) the name of the manufacturer, the caliber or gauge, | ||||||
12 | the model, the type, and the serial number identification | ||||||
13 | of the handgun to be registered; | ||||||
14 | (4) the source from which the handgun was obtained, | ||||||
15 | including the name and address of the source; | ||||||
16 | (5) the date the handgun was acquired; | ||||||
17 | (6) any other information that the Department shall | ||||||
18 | find reasonably necessary or desirable to effectuate the | ||||||
19 | purposes of this Act and to arrive at a fair determination | ||||||
20 | as to whether the terms of this Act have been complied | ||||||
21 | with; and | ||||||
22 | (7) an affidavit signed by the applicant certifying | ||||||
23 | that the applicant: | ||||||
24 | (A) possesses a valid Firearm Owner's | ||||||
25 | Identification Card; | ||||||
26 | (B) as of the date of application, would still be |
| |||||||
| |||||||
1 | eligible to receive a Firearm Owner's Identification | ||||||
2 | Card from the Department. | ||||||
3 | (d) Any person who transports or possesses a handgun | ||||||
4 | without a current certificate of handgun registration is guilty | ||||||
5 | of a Class 2 felony. Any person who knowingly enters false or | ||||||
6 | misleading information or who submits false or misleading | ||||||
7 | evidence in connection with the application described in | ||||||
8 | subsection (c) of this Section is guilty of a Class 2 felony. | ||||||
9 | Any person who knows or should know that his or her registered | ||||||
10 | handgun is lost, stolen, missing, or destroyed but does not | ||||||
11 | report that occurrence to local law enforcement is guilty of a | ||||||
12 | Class A misdemeanor. Any person who sells, transfers, or | ||||||
13 | otherwise disposes of his or her registered handgun and does | ||||||
14 | not notify the Department of that sale, transfer, or | ||||||
15 | disposition within the timelines in this Act is guilty of a | ||||||
16 | Class A misdemeanor. Any federally licensed dealer who does not | ||||||
17 | submit an application on behalf of a purchaser in accordance | ||||||
18 | with subsection (k-5) of this Section is guilty of a Class A | ||||||
19 | misdemeanor. | ||||||
20 | (e) The Department shall issue an original or transferred | ||||||
21 | certificate of registration or shall issue a written denial of | ||||||
22 | the application within 30 days after the application is | ||||||
23 | received. | ||||||
24 | (e-5) There is created in the State treasury the Handgun | ||||||
25 | Certificate Administration Fund to be used by the Department of | ||||||
26 | State Police for the administration of handgun registration as |
| |||||||
| |||||||
1 | required by this Act. | ||||||
2 | (f) A nonrefundable application fee of $20 shall be payable | ||||||
3 | for each original or transferred certificate of handgun | ||||||
4 | registration. All moneys received from this $20 fee shall be | ||||||
5 | deposited as follows: | ||||||
6 | (1) $10 to the Handgun Certificate Administration Fund | ||||||
7 | for the administration of handgun registration; | ||||||
8 | (2) $5 to the Illinois LEADS Information and Technology | ||||||
9 | Improvement Fund; and | ||||||
10 | (3) $5 to the National Instant Criminal Background | ||||||
11 | Check System Improvement Fund. | ||||||
12 | (g) A nonrefundable fee of $10 shall be payable for each | ||||||
13 | duplicate or replacement certificate of handgun registration. | ||||||
14 | All moneys received from this $10 fee shall be deposited into | ||||||
15 | the Handgun Certificate Administration Fund for the | ||||||
16 | administration of handgun registration. | ||||||
17 | (h) Certificates of handgun registration shall expire | ||||||
18 | every 5 years. The fee for renewal of a certificate of handgun | ||||||
19 | registration is $10. All moneys received from this $10 fee | ||||||
20 | shall be deposited into the Handgun Certificate Administration | ||||||
21 | Fund for the administration of handgun registration. | ||||||
22 | (i) Every person issued a certificate of handgun | ||||||
23 | registration shall notify local law enforcement within 72 hours | ||||||
24 | when: | ||||||
25 | (1) the person knows, or should have known, that his or | ||||||
26 | her handgun is lost, stolen, destroyed, or otherwise |
| |||||||
| |||||||
1 | missing; or | ||||||
2 | (2) the person knows, or should have known, that his or | ||||||
3 | her certificate of handgun registration is lost, stolen, | ||||||
4 | destroyed, or otherwise missing. | ||||||
5 | (i-5) Every person issued a certificate of handgun | ||||||
6 | registration shall notify the Department in a manner prescribed | ||||||
7 | by the Department within 72 hours of any of the following | ||||||
8 | events: | ||||||
9 | (1) a change in any of the information appearing on the | ||||||
10 | certificate of handgun registration; | ||||||
11 | (2) the sale, transfer, inheritance, or other | ||||||
12 | disposition of the registered handgun. | ||||||
13 | (j) Every person issued a certificate of handgun | ||||||
14 | registration, in addition to any other requirements of this | ||||||
15 | Section, shall immediately return to the Department his or her | ||||||
16 | copy of the certificate of handgun registration for any handgun | ||||||
17 | which is lost, stolen, destroyed, or otherwise disposed of. | ||||||
18 | (k) If an owner transfers ownership of a handgun, he or she | ||||||
19 | shall execute to the transferee, at the time of the delivery of | ||||||
20 | the handgun, an assignment of registration in the space | ||||||
21 | provided on the certificate of handgun registration, and shall | ||||||
22 | cause the certificate and assignment to be delivered to the | ||||||
23 | transferee. | ||||||
24 | (k-5) In the case of a federally licensed firearm dealer | ||||||
25 | making a sale of a new handgun, the dealer shall submit the | ||||||
26 | application described in subsection (c) of this Section along |
| |||||||
| |||||||
1 | with the required fee to the Department on the purchaser's | ||||||
2 | behalf within 20 days from the date of sale. If the purchaser | ||||||
3 | does not receive an original certificate of handgun | ||||||
4 | registration or a written denial of the application submitted | ||||||
5 | on his or her behalf by the dealer within 50 days from the date | ||||||
6 | of purchase, the purchaser shall inquire to the Department | ||||||
7 | regarding the status of his or her application. | ||||||
8 | (l) Within 20 days after the delivery to a transferee of a | ||||||
9 | handgun or the delivery of the certificate and assignment, | ||||||
10 | whichever occurs sooner, the transferee shall execute the | ||||||
11 | application for a new certificate of handgun registration in | ||||||
12 | the space provided on the certificate and cause the certificate | ||||||
13 | and application to be mailed or delivered to the Department. | ||||||
14 | (m) No transferee shall knowingly accept ownership of a | ||||||
15 | handgun from a transferor who has failed to obtain a | ||||||
16 | certificate of handgun registration in violation of this | ||||||
17 | Section, or who fails to execute an assignment of registration | ||||||
18 | to the transferee as required by subsection (k) of this | ||||||
19 | Section. | ||||||
20 | (n) Any person who accepts delivery of a handgun that has | ||||||
21 | not been previously registered and assigned to the transferee | ||||||
22 | shall file an application for an original certificate of | ||||||
23 | handgun registration within 20 days after taking possession of | ||||||
24 | the handgun. Any person who owns a handgun on the effective | ||||||
25 | date of this amendatory Act of the 97th General Assembly shall | ||||||
26 | file an application for an original certificate of handgun |
| |||||||
| |||||||
1 | registration not later than 90 days after the effective date of | ||||||
2 | this amendatory Act of the 97th General Assembly. | ||||||
3 | (o) Transfer of ownership of a registered handgun shall not | ||||||
4 | be considered complete until the transferee has complied with | ||||||
5 | subsection (l) of this Section, provided that a transferor who | ||||||
6 | has complied with subsections (i) and (k) of this Section, and | ||||||
7 | has complied with the requirements of Section 3 and 3.1, if | ||||||
8 | applicable, shall not be liable as an owner by virtue of the | ||||||
9 | transferee's failure to comply with subsection (l) for damages | ||||||
10 | arising out of use of the handgun. | ||||||
11 | (p) The Department has authority to deny an application for | ||||||
12 | or to revoke and seize a certificate of handgun registration | ||||||
13 | previously issued under this Section if the Department finds | ||||||
14 | that: | ||||||
15 | (1) the person does not possess a valid Firearm Owner's | ||||||
16 | Identification Card; | ||||||
17 | (2) false or misleading information was submitted to | ||||||
18 | the Department in connection with the application; or | ||||||
19 | (3) the handgun is unlawful for the applicant to own. | ||||||
20 | (q) The Department of State Police and local law | ||||||
21 | enforcement may exchange any information that is necessary for | ||||||
22 | the proper administration of this Section unless the exchange | ||||||
23 | is specifically prohibited by State or federal law. | ||||||
24 | (r) Whenever an application for a Certificate of Handgun | ||||||
25 | Registration is denied, whenever the Department fails to act on | ||||||
26 | an application within 30 days of its receipt, or whenever such |
| |||||||
| |||||||
1 | a certificate is revoked or seized, the aggrieved party may | ||||||
2 | appeal to the Director of the Department of State Police for a | ||||||
3 | hearing upon such denial, failure to act, revocation or | ||||||
4 | seizure, unless the denial, failure to act, revocation, or | ||||||
5 | seizure was based upon a forcible felony, stalking, aggravated | ||||||
6 | stalking, domestic battery, any violation of the Illinois | ||||||
7 | Controlled Substances Act, the Methamphetamine Control and | ||||||
8 | Community Protection Act, or the Cannabis Control Act that is | ||||||
9 | classified as a Class 2 or greater felony, any felony violation | ||||||
10 | of Article 24 of the Criminal Code of 1961, or any adjudication | ||||||
11 | as a delinquent minor for the commission of an offense that if | ||||||
12 | committed by an adult would be a felony, in which case the | ||||||
13 | aggrieved party may petition the circuit court in writing in | ||||||
14 | the county of his or her residence for a hearing upon such | ||||||
15 | denial, failure to act, revocation, or seizure. | ||||||
16 | (1) At least 30 days before any hearing in the circuit | ||||||
17 | court, the petitioner shall serve the relevant State's | ||||||
18 | Attorney with a copy of the petition. The State's Attorney | ||||||
19 | may object to the petition and present evidence. At the | ||||||
20 | hearing the court shall determine whether substantial | ||||||
21 | justice has been done. Should the court determine that | ||||||
22 | substantial justice has not been done, the court shall | ||||||
23 | issue an order directing the Department of State Police to | ||||||
24 | issue a Certificate. | ||||||
25 | (2) Any person prohibited from possessing a firearm | ||||||
26 | under Sections 24-1.1 or 24-3.1 of the Criminal Code of |
| |||||||
| |||||||
1 | 1961 or acquiring a Certificate of Handgun Registration | ||||||
2 | under Section 3.4 of this Act may apply to the Director of | ||||||
3 | the Department of State Police or petition the circuit | ||||||
4 | court in the county where the petitioner resides, whichever | ||||||
5 | is applicable in accordance with this subsection (r), | ||||||
6 | requesting relief from such prohibition and the Director or | ||||||
7 | court may grant such relief if it is established by the | ||||||
8 | applicant to the court's or Director's satisfaction that: | ||||||
9 | (A) when in the circuit court, the State's Attorney | ||||||
10 | has been served with a written copy of the petition at | ||||||
11 | least 30 days before any such hearing in the circuit | ||||||
12 | court and at the hearing the State's Attorney was | ||||||
13 | afforded an opportunity to present evidence and object | ||||||
14 | to the petition; | ||||||
15 | (B) the applicant has not been convicted of a | ||||||
16 | forcible felony under the laws of this State or any | ||||||
17 | other jurisdiction within 20 years of the applicant's | ||||||
18 | application for a Firearm Owner's Identification Card, | ||||||
19 | or at least 20 years have passed since the end of any | ||||||
20 | period of imprisonment imposed in relation to that | ||||||
21 | conviction; | ||||||
22 | (C) the circumstances regarding a criminal | ||||||
23 | conviction, where applicable, the applicant's criminal | ||||||
24 | history and his reputation are such that the applicant | ||||||
25 | will not be likely to act in a manner dangerous to | ||||||
26 | public safety; and |
| |||||||
| |||||||
1 | (D) granting relief would not be contrary to the | ||||||
2 | public interest. | ||||||
3 | (3) When a minor is adjudicated delinquent for an | ||||||
4 | offense which if committed by an adult would be a felony, | ||||||
5 | the court shall notify the Department of State Police. | ||||||
6 | (4) The court shall review the denial of an application | ||||||
7 | or the revocation of a Certificate of Handgun Registration | ||||||
8 | of a person who has been adjudicated delinquent for an | ||||||
9 | offense that if committed by an adult would be a felony if | ||||||
10 | an application for relief has been filed at least 10 years | ||||||
11 | after the adjudication of delinquency and the court | ||||||
12 | determines that the applicant should be granted relief from | ||||||
13 | disability to obtain a Certificate of Handgun | ||||||
14 | Registration. If the court grants relief, the court shall | ||||||
15 | notify the Department of State Police that the disability | ||||||
16 | has been removed and that the applicant is eligible to | ||||||
17 | obtain a Certificate of Handgun Registration. | ||||||
18 | (5) Any person who is prohibited from possessing a | ||||||
19 | firearm under 18 U.S.C. 922(d)(4) and 922(g)(4) of the | ||||||
20 | federal Gun Control Act of 1968 may apply to the Department | ||||||
21 | of State Police requesting relief from such prohibition and | ||||||
22 | the Director shall grant such relief if it is established | ||||||
23 | to the Director's satisfaction that the person will not be | ||||||
24 | likely to act in a manner dangerous to public safety and | ||||||
25 | granting relief would not be contrary to the public | ||||||
26 | interest. |
| |||||||
| |||||||
1 | (s) Notwithstanding any other provision of law, including | ||||||
2 | the Freedom of Information Act, it is the public policy of this | ||||||
3 | State that the names and information of people who have applied | ||||||
4 | for or received certificates of handgun registration under this | ||||||
5 | Section are considered private and shall not be disclosed. No | ||||||
6 | State or local law enforcement agency shall provide the names | ||||||
7 | and information of holders of or applicants for certificates of | ||||||
8 | handgun registration, except that the Department may provide | ||||||
9 | confirmation that an individual has or has not been issued, | ||||||
10 | applied for, or denied a certificate of handgun registration in | ||||||
11 | connection with a criminal investigation.
| ||||||
12 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
13 | Sec. 4. (a) Each applicant for a Firearm Owner's | ||||||
14 | Identification Card must:
| ||||||
15 | (1) Make application on blank forms prepared and | ||||||
16 | furnished at convenient
locations throughout the State by | ||||||
17 | the Department of State Police, or by
electronic means, if | ||||||
18 | and when made available by the Department of State
Police; | ||||||
19 | and
| ||||||
20 | (2) Submit evidence to the Department of State Police | ||||||
21 | that:
| ||||||
22 | (i) He or she is 21 years of age or over, or if he | ||||||
23 | or she is under 21
years of age that he or she has the | ||||||
24 | written consent of his or her parent or
legal guardian | ||||||
25 | to possess and acquire firearms and firearm ammunition |
| |||||||
| |||||||
1 | and that
he or she has never been convicted of a | ||||||
2 | misdemeanor other than a traffic
offense or adjudged
| ||||||
3 | delinquent, provided, however, that such parent or | ||||||
4 | legal guardian is not an
individual prohibited from | ||||||
5 | having a Firearm Owner's Identification Card and
files | ||||||
6 | an affidavit with the Department as prescribed by the | ||||||
7 | Department
stating that he or she is not an individual | ||||||
8 | prohibited from having a Card;
| ||||||
9 | (ii) He or she has not been convicted of a felony | ||||||
10 | under the laws of
this or any other jurisdiction;
| ||||||
11 | (iii) He or she is not addicted to narcotics;
| ||||||
12 | (iv) He or she has not been a patient in a mental | ||||||
13 | institution within
the past 5 years and he or she has | ||||||
14 | not been adjudicated as a mental defective;
| ||||||
15 | (v) He or she is not intellectually disabled;
| ||||||
16 | (vi) He or she is not an alien who is unlawfully | ||||||
17 | present in the
United States under the laws of the | ||||||
18 | United States;
| ||||||
19 | (vii) He or she is not subject to an existing order | ||||||
20 | of protection
prohibiting him or her from possessing a | ||||||
21 | firearm;
| ||||||
22 | (viii) He or she has not been convicted within the | ||||||
23 | past 5 years of
battery, assault, aggravated assault, | ||||||
24 | violation of an order of
protection, or a substantially | ||||||
25 | similar offense in another jurisdiction, in
which a | ||||||
26 | firearm was used or possessed;
|
| |||||||
| |||||||
1 | (ix) He or she has not been convicted of domestic | ||||||
2 | battery, aggravated domestic battery, or a
| ||||||
3 | substantially similar offense in another
jurisdiction | ||||||
4 | committed before, on or after January 1, 2012 ( the | ||||||
5 | effective date of Public Act 97-158) this amendatory | ||||||
6 | Act
of the 97th General Assembly ;
| ||||||
7 | (x) (Blank);
| ||||||
8 | (xi) He or she is not an alien who has been | ||||||
9 | admitted to the United
States under a non-immigrant | ||||||
10 | visa (as that term is defined in Section
101(a)(26) of | ||||||
11 | the Immigration and Nationality Act (8 U.S.C. | ||||||
12 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
13 | been lawfully admitted to the United
States under a | ||||||
14 | non-immigrant visa if that alien is:
| ||||||
15 | (1) admitted to the United States for lawful | ||||||
16 | hunting or sporting
purposes;
| ||||||
17 | (2) an official representative of a foreign | ||||||
18 | government who is:
| ||||||
19 | (A) accredited to the United States | ||||||
20 | Government or the Government's
mission to an | ||||||
21 | international organization having its | ||||||
22 | headquarters in the United
States; or
| ||||||
23 | (B) en route to or from another country to | ||||||
24 | which that alien is
accredited;
| ||||||
25 | (3) an official of a foreign government or | ||||||
26 | distinguished foreign
visitor who has been so |
| |||||||
| |||||||
1 | designated by the Department of State;
| ||||||
2 | (4) a foreign law enforcement officer of a | ||||||
3 | friendly foreign
government entering the United | ||||||
4 | States on official business; or
| ||||||
5 | (5) one who has received a waiver from the | ||||||
6 | Attorney General of the
United States pursuant to | ||||||
7 | 18 U.S.C. 922(y)(3);
| ||||||
8 | (xii) He or she is not a minor subject to a | ||||||
9 | petition filed
under Section 5-520 of the Juvenile | ||||||
10 | Court Act of 1987 alleging that the
minor is a | ||||||
11 | delinquent minor for the commission of an offense that | ||||||
12 | if
committed by an adult would be a felony; and
| ||||||
13 | (xiii) He or she is not an adult who had been | ||||||
14 | adjudicated a delinquent
minor under the Juvenile | ||||||
15 | Court Act of 1987 for the commission of an offense
that | ||||||
16 | if committed by an adult would be a felony; and
| ||||||
17 | (3) Upon request by the Department of State Police, | ||||||
18 | sign a release on a
form prescribed by the Department of | ||||||
19 | State Police waiving any right to
confidentiality and | ||||||
20 | requesting the disclosure to the Department of State Police
| ||||||
21 | of limited mental health institution admission information | ||||||
22 | from another state,
the District of Columbia, any other | ||||||
23 | territory of the United States, or a
foreign nation | ||||||
24 | concerning the applicant for the sole purpose of | ||||||
25 | determining
whether the applicant is or was a patient in a | ||||||
26 | mental health institution and
disqualified because of that |
| |||||||
| |||||||
1 | status from receiving a Firearm Owner's
Identification | ||||||
2 | Card. No mental health care or treatment records may be
| ||||||
3 | requested. The information received shall be destroyed | ||||||
4 | within one year of
receipt.
| ||||||
5 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
6 | Card who is over
the age of 18 shall furnish to the Department | ||||||
7 | of State Police either his or
her driver's license number or | ||||||
8 | Illinois Identification Card number.
| ||||||
9 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
10 | Card,
who is employed as an armed security officer at a nuclear | ||||||
11 | energy,
storage, weapons, or development facility regulated by | ||||||
12 | the Nuclear
Regulatory Commission and who is not an Illinois | ||||||
13 | resident, shall furnish to
the Department of State Police his | ||||||
14 | or her driver's license number or state
identification card | ||||||
15 | number from his or her state of residence. The Department
of | ||||||
16 | State Police may promulgate rules to enforce the provisions of | ||||||
17 | this
subsection (a-10).
| ||||||
18 | (b) Each application form shall include the following | ||||||
19 | statement printed in
bold type: "Warning: Entering false | ||||||
20 | information on an application for a Firearm
Owner's | ||||||
21 | Identification Card is punishable as a Class 2 felony in | ||||||
22 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
23 | Owners Identification Card
and Certificate of Handgun | ||||||
24 | Registration Act.".
| ||||||
25 | (c) Upon such written consent, pursuant to Section 4, | ||||||
26 | paragraph (a)(2)(i),
the parent or legal guardian giving the |
| |||||||
| |||||||
1 | consent shall be liable for any
damages resulting from the | ||||||
2 | applicant's use of firearms or firearm ammunition.
| ||||||
3 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; revised | ||||||
4 | 10-4-11.)
| ||||||
5 | (430 ILCS 65/6.1)
| ||||||
6 | Sec. 6.1.
Altered, forged or counterfeit Firearm Owner's | ||||||
7 | Identification
Cards.
| ||||||
8 | (a) Any person who forges or materially alters a Firearm | ||||||
9 | Owner's
Identification Card or certificate of handgun | ||||||
10 | registration or
who counterfeits a Firearm Owner's | ||||||
11 | Identification Card or certificate of handgun registration | ||||||
12 | commits a Class 2
felony.
| ||||||
13 | (b) Any person who knowingly possesses a forged or | ||||||
14 | materially altered
Firearm
Owner's Identification Card or | ||||||
15 | certificate of handgun registration with the intent to use it | ||||||
16 | commits a Class 2 felony.
A person
who possesses a Firearm | ||||||
17 | Owner's Identification Card or certificate of handgun | ||||||
18 | registration with knowledge that it is
counterfeit
commits a | ||||||
19 | Class 2 felony.
| ||||||
20 | (Source: P.A. 92-414, eff. 1-1-02.)
| ||||||
21 | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
| ||||||
22 | Sec. 14. Sentence.
| ||||||
23 | (a) A violation of paragraph (1) of subsection (a) of | ||||||
24 | Section 2, when the
person's Firearm Owner's
Identification |
| |||||||
| |||||||
1 | Card is expired but the person is not otherwise disqualified
| ||||||
2 | from renewing the card, is a Class A misdemeanor.
| ||||||
3 | (b) Except as provided in subsection (a) with respect to an | ||||||
4 | expired
card, a violation of paragraph (1) of subsection (a) of | ||||||
5 | Section 2 is a
Class A misdemeanor when the person does not | ||||||
6 | possess a currently valid Firearm
Owner's Identification Card, | ||||||
7 | but is otherwise eligible under this Act. A
second or | ||||||
8 | subsequent violation is a Class 4 felony.
| ||||||
9 | (c) A violation of paragraph (1) of subsection (a) of | ||||||
10 | Section 2 is a Class
3 felony when:
| ||||||
11 | (1) the person's Firearm Owner's Identification Card | ||||||
12 | is revoked or
subject to revocation under Section 8; or
| ||||||
13 | (2) the person's Firearm Owner's Identification Card | ||||||
14 | is expired and not
otherwise eligible for renewal under | ||||||
15 | this Act; or
| ||||||
16 | (3) the person does not possess a currently valid | ||||||
17 | Firearm Owner's
Identification Card, and the person is not | ||||||
18 | otherwise eligible under this
Act.
| ||||||
19 | (d) A violation of subsection (a) of Section 3 is a Class 4 | ||||||
20 | felony.
A third or subsequent conviction is a Class 1 felony.
| ||||||
21 | (d-5) Any person who knowingly enters false information on | ||||||
22 | an application
for a Firearm Owner's Identification Card or a | ||||||
23 | certificate of handgun registration , who knowingly gives a | ||||||
24 | false answer
to any question on the application, or who | ||||||
25 | knowingly submits false evidence in
connection with an | ||||||
26 | application is guilty of a Class 2 felony.
|
| |||||||
| |||||||
1 | (e) Except as provided by Section 6.1 of this Act, any | ||||||
2 | other
violation of this Act is a Class A misdemeanor.
| ||||||
3 | (Source: P.A. 91-694, eff. 4-13-00; 92-414, eff. 1-1-02; | ||||||
4 | 92-442, eff.
8-17-01; 92-651, eff. 7-11-02.)
| ||||||
5 | Section 35. The Clerks of Courts Act is amended by changing | ||||||
6 | Section 27.3a as follows:
| ||||||
7 | (705 ILCS 105/27.3a)
| ||||||
8 | (Text of Section after amendment by P.A. 97-46 )
| ||||||
9 | Sec. 27.3a. Fees for automated record keeping and State and | ||||||
10 | Conservation Police operations.
| ||||||
11 | 1. The expense of establishing and maintaining automated | ||||||
12 | record
keeping systems in the offices of the clerks of the | ||||||
13 | circuit court shall
be borne by the county. To defray such | ||||||
14 | expense in any county having
established such an automated | ||||||
15 | system or which elects to establish such a
system, the county | ||||||
16 | board may require the clerk of the circuit court in
their | ||||||
17 | county to charge and collect a court automation fee of not less | ||||||
18 | than
$1 nor more than $15 to be charged and collected by the | ||||||
19 | clerk of the court.
Such fee shall be paid at the time of | ||||||
20 | filing the first pleading, paper or
other appearance filed by | ||||||
21 | each party in all civil cases or by the defendant
in any | ||||||
22 | felony, traffic, misdemeanor, municipal ordinance, or | ||||||
23 | conservation
case upon a judgment of guilty or grant of | ||||||
24 | supervision, provided that
the record keeping system which |
| |||||||
| |||||||
1 | processes the case
category for which the fee is charged is | ||||||
2 | automated or has been approved for
automation by the county | ||||||
3 | board, and provided further that no additional fee
shall be | ||||||
4 | required if more than one party is presented in a single | ||||||
5 | pleading,
paper or other appearance. Such fee shall be | ||||||
6 | collected in the manner in
which all other fees or costs are | ||||||
7 | collected.
| ||||||
8 | 1.5. Starting on the effective date of this amendatory Act | ||||||
9 | of the 96th General Assembly, a clerk of the circuit court in | ||||||
10 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
11 | Section, shall charge and collect an additional fee in an | ||||||
12 | amount equal to the amount of the fee imposed pursuant to | ||||||
13 | subsection 1 of this Section. This additional fee shall be paid | ||||||
14 | by the defendant in any felony, traffic, misdemeanor, or local | ||||||
15 | ordinance case upon a judgment of guilty or grant of | ||||||
16 | supervision. This fee shall not be paid by the defendant for | ||||||
17 | any conservation violation listed in subsection 1.6 of this | ||||||
18 | Section. | ||||||
19 | 1.6. Starting on July 1, 2012 ( the effective date of Public | ||||||
20 | Act 97-46) this amendatory Act of the 97th General Assembly , a | ||||||
21 | clerk of the circuit court in any county that imposes a fee | ||||||
22 | pursuant to subsection 1 of this Section shall charge and | ||||||
23 | collect an additional fee in an amount equal to the amount of | ||||||
24 | the fee imposed pursuant to subsection 1 of this Section. This | ||||||
25 | additional fee shall be paid by the defendant upon a judgment | ||||||
26 | of guilty or grant of supervision for a conservation violation |
| |||||||
| |||||||
1 | under the State Parks Act, the Recreational Trails of Illinois | ||||||
2 | Act, the Illinois Explosives Act, the Timber Buyers Licensing | ||||||
3 | Act, the Forest Products Transportation Act, the Firearm Owners | ||||||
4 | Identification Card and Certificate of Handgun Registration | ||||||
5 | Act, the Environmental Protection Act, the Fish and Aquatic | ||||||
6 | Life Code, the Wildlife Code, the Cave Protection Act, the | ||||||
7 | Illinois Exotic Weed Act, the Illinois Forestry Development | ||||||
8 | Act, the Ginseng Harvesting Act, the Illinois Lake Management | ||||||
9 | Program Act, the Illinois Natural Areas Preservation Act, the | ||||||
10 | Illinois Open Land Trust Act, the Open Space Lands Acquisition | ||||||
11 | and Development Act, the Illinois Prescribed Burning Act, the | ||||||
12 | State Forest Act, the Water Use Act of 1983, the Illinois Youth | ||||||
13 | and Young Adult Employment Act of 1986, the Snowmobile | ||||||
14 | Registration and Safety Act, the Boat Registration and Safety | ||||||
15 | Act, the Illinois Dangerous Animals Act, the Hunter and | ||||||
16 | Fishermen Interference Prohibition Act, the Wrongful Tree | ||||||
17 | Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, | ||||||
18 | 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of | ||||||
19 | the Illinois Vehicle Code. | ||||||
20 | 2. With respect to the fee imposed under subsection 1 of | ||||||
21 | this Section, each clerk shall commence such charges and | ||||||
22 | collections upon receipt
of written notice from the chairman of | ||||||
23 | the county board together with a
certified copy of the board's | ||||||
24 | resolution, which the clerk shall file of
record in his office.
| ||||||
25 | 3. With respect to the fee imposed under subsection 1 of | ||||||
26 | this Section, such fees shall be in addition to all other fees |
| |||||||
| |||||||
1 | and charges of such
clerks, and assessable as costs, and may be | ||||||
2 | waived only if the judge
specifically provides for the waiver | ||||||
3 | of the court automation fee. The
fees shall be remitted monthly | ||||||
4 | by such clerk to the county treasurer, to be
retained by him in | ||||||
5 | a special fund designated as the court automation fund.
The | ||||||
6 | fund shall be audited by the county auditor, and the board | ||||||
7 | shall make
expenditure from the fund in payment of any cost | ||||||
8 | related to the automation
of court records, including hardware, | ||||||
9 | software, research and development
costs and personnel related | ||||||
10 | thereto, provided that the expenditure is
approved by the clerk | ||||||
11 | of the court and by the chief judge of the circuit
court or his | ||||||
12 | designate.
| ||||||
13 | 4. With respect to the fee imposed under subsection 1 of | ||||||
14 | this Section, such fees shall not be charged in any matter | ||||||
15 | coming to any such clerk
on change of venue, nor in any | ||||||
16 | proceeding to review the decision of any
administrative | ||||||
17 | officer, agency or body.
| ||||||
18 | 5. With respect to the additional fee imposed under | ||||||
19 | subsection 1.5 of this Section, the fee shall be remitted by | ||||||
20 | the circuit clerk to the State Treasurer within one month after | ||||||
21 | receipt for deposit into the State Police Operations Assistance | ||||||
22 | Fund. | ||||||
23 | 6. With respect to the additional fees imposed under | ||||||
24 | subsection 1.5 of this Section, the Director of State Police | ||||||
25 | may direct the use of these fees for homeland security purposes | ||||||
26 | by transferring these fees on a quarterly basis from the State |
| |||||||
| |||||||
1 | Police Operations Assistance Fund into the Illinois Law | ||||||
2 | Enforcement Alarm Systems (ILEAS) Fund for homeland security | ||||||
3 | initiatives programs. The transferred fees shall be allocated, | ||||||
4 | subject to the approval of the ILEAS Executive Board, as | ||||||
5 | follows: (i) 66.6% shall be used for homeland security | ||||||
6 | initiatives and (ii) 33.3% shall be used for airborne | ||||||
7 | operations. The ILEAS Executive Board shall annually supply the | ||||||
8 | Director of State Police with a report of the use of these | ||||||
9 | fees. | ||||||
10 | 7. 6. With respect to the additional fee imposed under | ||||||
11 | subsection 1.6 of this Section, the fee shall be remitted by | ||||||
12 | the circuit clerk to the State Treasurer within one month after | ||||||
13 | receipt for deposit into the Conservation Police Operations | ||||||
14 | Assistance Fund. | ||||||
15 | (Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; | ||||||
16 | 97-453, eff. 8-19-11; revised 10-4-11.)
| ||||||
17 | Section 40. The Criminal Code of 1961 is amended by | ||||||
18 | changing Sections 2-7.1, 2-7.5, 11-20.1, 12-3.05, 17-30, | ||||||
19 | 17B-0.05, 24-1.1, 24-1.6, 24-3, 24-3.2, 24-3.4, 24-3.5, and | ||||||
20 | 24-9 as follows:
| ||||||
21 | (720 ILCS 5/2-7.1)
| ||||||
22 | Sec. 2-7.1. "Firearm" and "firearm ammunition". "Firearm" | ||||||
23 | and "firearm
ammunition" have the meanings ascribed to them in | ||||||
24 | Section 1.1 of the Firearm
Owners Identification Card and |
| |||||||
| |||||||
1 | Certificate of Handgun Registration Act.
| ||||||
2 | (Source: P.A. 91-544, eff. 1-1-00.)
| ||||||
3 | (720 ILCS 5/2-7.5)
| ||||||
4 | Sec. 2-7.5. "Firearm". Except as otherwise provided in a | ||||||
5 | specific
Section, "firearm" has the meaning ascribed to it in | ||||||
6 | Section 1.1 of the
Firearm Owners Identification Card and | ||||||
7 | Certificate of Handgun Registration Act.
| ||||||
8 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
9 | (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
| ||||||
10 | Sec. 11-20.1. Child pornography.
| ||||||
11 | (a) A person commits child pornography who:
| ||||||
12 | (1) films, videotapes, photographs, or otherwise | ||||||
13 | depicts or portrays by
means of any similar visual medium | ||||||
14 | or reproduction or depicts by computer any
child whom he or | ||||||
15 | she knows or reasonably should know to be under the age of | ||||||
16 | 18 and at least 13 years of age or any
severely or | ||||||
17 | profoundly intellectually disabled person where such child | ||||||
18 | or severely
or profoundly intellectually disabled person | ||||||
19 | is:
| ||||||
20 | (i) actually or by simulation engaged in any act of | ||||||
21 | sexual
penetration or sexual conduct
with any person or | ||||||
22 | animal; or
| ||||||
23 | (ii) actually or by simulation engaged in any act | ||||||
24 | of sexual
penetration or sexual conduct
involving the |
| |||||||
| |||||||
1 | sex organs of the child or severely or
profoundly | ||||||
2 | intellectually disabled person and the mouth, anus, or | ||||||
3 | sex organs of
another person or animal; or which | ||||||
4 | involves the mouth, anus or sex organs
of the child or | ||||||
5 | severely or profoundly intellectually disabled
person | ||||||
6 | and the sex organs of another person or animal; or
| ||||||
7 | (iii) actually or by simulation engaged in any act | ||||||
8 | of masturbation; or
| ||||||
9 | (iv) actually or by simulation portrayed as being | ||||||
10 | the object of, or
otherwise engaged in, any act of lewd | ||||||
11 | fondling, touching, or caressing
involving another | ||||||
12 | person or animal; or
| ||||||
13 | (v) actually or by simulation engaged in any act of | ||||||
14 | excretion or
urination within a sexual context; or
| ||||||
15 | (vi) actually or by simulation portrayed or | ||||||
16 | depicted as bound, fettered,
or subject to sadistic, | ||||||
17 | masochistic, or sadomasochistic abuse in any sexual
| ||||||
18 | context; or
| ||||||
19 | (vii) depicted or portrayed in any pose, posture or | ||||||
20 | setting involving
a lewd exhibition of the unclothed or | ||||||
21 | transparently clothed genitals, pubic area, buttocks, | ||||||
22 | or, if
such person is female, a fully or partially | ||||||
23 | developed breast of the child
or other person; or
| ||||||
24 | (2) with the knowledge of the nature or content | ||||||
25 | thereof, reproduces,
disseminates, offers to disseminate, | ||||||
26 | exhibits or possesses with intent to
disseminate any film, |
| |||||||
| |||||||
1 | videotape, photograph or other similar visual
reproduction | ||||||
2 | or depiction by computer of any child or severely or | ||||||
3 | profoundly
intellectually disabled person whom the person | ||||||
4 | knows or reasonably should know to be
under the age of 18 | ||||||
5 | and at least 13 years of age or to be a severely or | ||||||
6 | profoundly intellectually disabled person,
engaged in any | ||||||
7 | activity described in subparagraphs (i) through (vii) of
| ||||||
8 | paragraph (1) of this subsection; or
| ||||||
9 | (3) with knowledge of the subject matter or theme | ||||||
10 | thereof, produces any
stage play, live performance, film, | ||||||
11 | videotape or other similar visual
portrayal or depiction by | ||||||
12 | computer which
includes a child whom the person knows or | ||||||
13 | reasonably should
know to be under the age of 18 and at | ||||||
14 | least 13 years of age or a severely or
profoundly | ||||||
15 | intellectually disabled person engaged in any activity | ||||||
16 | described in
subparagraphs (i) through (vii) of paragraph | ||||||
17 | (1) of this subsection; or
| ||||||
18 | (4) solicits, uses, persuades, induces, entices, or | ||||||
19 | coerces any child
whom he or she knows or reasonably should | ||||||
20 | know to be under
the age of 18 and at least 13 years of age | ||||||
21 | or a severely or profoundly intellectually disabled person | ||||||
22 | to appear in any stage play, live presentation, film,
| ||||||
23 | videotape, photograph or other similar visual reproduction | ||||||
24 | or depiction
by computer in which the
child or severely or | ||||||
25 | profoundly intellectually disabled person
is or will be | ||||||
26 | depicted, actually or by simulation, in any act, pose or
|
| |||||||
| |||||||
1 | setting described in subparagraphs (i) through (vii) of | ||||||
2 | paragraph (1) of
this subsection; or
| ||||||
3 | (5) is a parent, step-parent, legal guardian or other | ||||||
4 | person having
care or custody
of a child whom the person | ||||||
5 | knows or reasonably should know to be under
the age of 18 | ||||||
6 | and at least 13 years of age or a severely or profoundly | ||||||
7 | intellectually disabled person and who knowingly permits, | ||||||
8 | induces, promotes, or arranges
for such child or severely | ||||||
9 | or profoundly intellectually disabled
person to appear in | ||||||
10 | any stage play, live performance, film, videotape,
| ||||||
11 | photograph or other similar visual presentation, portrayal | ||||||
12 | or simulation or
depiction by computer of any act or | ||||||
13 | activity described in subparagraphs (i)
through (vii) of | ||||||
14 | paragraph (1) of this subsection; or
| ||||||
15 | (6) with knowledge of the nature or content thereof, | ||||||
16 | possesses any film,
videotape, photograph or other similar | ||||||
17 | visual reproduction or depiction by
computer of any child | ||||||
18 | or severely or profoundly intellectually disabled person
| ||||||
19 | whom the person knows or reasonably should know to be under | ||||||
20 | the age of 18 and at least 13 years of age
or to be a | ||||||
21 | severely or profoundly intellectually disabled
person, | ||||||
22 | engaged in any activity described in subparagraphs (i) | ||||||
23 | through
(vii) of paragraph (1) of this subsection; or
| ||||||
24 | (7) solicits, or knowingly uses, persuades, induces, | ||||||
25 | entices, or coerces, a person
to provide a child under the | ||||||
26 | age of 18 and at least 13 years of age or a severely or |
| |||||||
| |||||||
1 | profoundly intellectually disabled person to appear in any | ||||||
2 | videotape, photograph, film, stage play, live
| ||||||
3 | presentation, or other similar visual reproduction or | ||||||
4 | depiction by computer
in which the child or severely or | ||||||
5 | profoundly intellectually disabled person will be
| ||||||
6 | depicted, actually or by simulation, in any act, pose, or | ||||||
7 | setting described in
subparagraphs (i) through (vii) of | ||||||
8 | paragraph (1) of this subsection.
| ||||||
9 | (b) (1) It shall be an affirmative defense to a charge of | ||||||
10 | child
pornography that the defendant reasonably believed, | ||||||
11 | under all of the
circumstances, that the child was 18 years | ||||||
12 | of age or older or that the
person was not a severely or | ||||||
13 | profoundly intellectually disabled person but only where, | ||||||
14 | prior to the act or acts giving rise to a
prosecution under | ||||||
15 | this Section, he or she took some affirmative action or | ||||||
16 | made a
bonafide inquiry designed to ascertain whether the | ||||||
17 | child was 18 years of
age or older or that the person was | ||||||
18 | not a severely or
profoundly intellectually disabled | ||||||
19 | person and his or her reliance upon the information
so | ||||||
20 | obtained was clearly reasonable.
| ||||||
21 | (1.5) Telecommunications carriers, commercial mobile | ||||||
22 | service providers, and providers of information services, | ||||||
23 | including, but not limited to, Internet service providers | ||||||
24 | and hosting service providers, are not liable under this | ||||||
25 | Section by virtue of the transmission, storage, or caching | ||||||
26 | of electronic communications or messages of others or by |
| |||||||
| |||||||
1 | virtue of the provision of other related | ||||||
2 | telecommunications, commercial mobile services, or | ||||||
3 | information services used by others in violation of this | ||||||
4 | Section.
| ||||||
5 | (2) (Blank).
| ||||||
6 | (3) The charge of child pornography shall not apply to | ||||||
7 | the performance
of official duties by law enforcement or | ||||||
8 | prosecuting officers or persons employed by law | ||||||
9 | enforcement or prosecuting agencies, court personnel
or | ||||||
10 | attorneys, nor to bonafide treatment or professional | ||||||
11 | education programs
conducted by licensed physicians, | ||||||
12 | psychologists or social workers.
| ||||||
13 | (4) If the defendant possessed more than one of the | ||||||
14 | same film,
videotape or visual reproduction or depiction by | ||||||
15 | computer in which child
pornography is depicted, then the | ||||||
16 | trier of fact may infer
that the defendant possessed such
| ||||||
17 | materials with the intent to disseminate them.
| ||||||
18 | (5) The charge of child pornography does not apply to a | ||||||
19 | person who does
not voluntarily possess a film, videotape, | ||||||
20 | or visual reproduction or depiction
by computer in which | ||||||
21 | child pornography is depicted. Possession is voluntary if
| ||||||
22 | the defendant knowingly procures or receives a film, | ||||||
23 | videotape, or visual
reproduction or depiction for a | ||||||
24 | sufficient time to be able to terminate his
or her | ||||||
25 | possession.
| ||||||
26 | (6) Any violation of paragraph (1), (2), (3), (4), (5), |
| |||||||
| |||||||
1 | or (7) of subsection (a) that includes a child engaged in, | ||||||
2 | solicited for, depicted in, or posed in any act of sexual | ||||||
3 | penetration or bound, fettered, or subject to sadistic, | ||||||
4 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
5 | shall be deemed a crime of violence. | ||||||
6 | (c) If the violation does not involve a film, videotape, or | ||||||
7 | other moving depiction, a violation of paragraph (1), (4), (5), | ||||||
8 | or (7) of subsection (a) is a
Class 1 felony with a mandatory | ||||||
9 | minimum fine of $2,000 and a maximum fine of
$100,000. If the | ||||||
10 | violation involves a film, videotape, or other moving | ||||||
11 | depiction, a violation of paragraph (1), (4), (5), or (7) of | ||||||
12 | subsection (a) is a
Class X felony with a mandatory minimum | ||||||
13 | fine of $2,000 and a maximum fine of
$100,000. If the violation | ||||||
14 | does not involve a film, videotape, or other moving depiction, | ||||||
15 | a violation of paragraph (3) of subsection (a) is a Class 1 | ||||||
16 | felony
with a mandatory minimum fine of $1500 and a maximum | ||||||
17 | fine of $100,000. If the violation involves a film, videotape, | ||||||
18 | or other moving depiction, a violation of paragraph (3) of | ||||||
19 | subsection (a) is a Class X felony
with a mandatory minimum | ||||||
20 | fine of $1500 and a maximum fine of $100,000.
If the violation | ||||||
21 | does not involve a film, videotape, or other moving depiction, | ||||||
22 | a violation
of paragraph (2) of subsection (a) is a Class 1 | ||||||
23 | felony with a
mandatory minimum fine of $1000 and a maximum | ||||||
24 | fine of $100,000. If the violation involves a film, videotape, | ||||||
25 | or other moving depiction, a violation of paragraph (2) of | ||||||
26 | subsection (a) is a Class X felony with a
mandatory minimum |
| |||||||
| |||||||
1 | fine of $1000 and a maximum fine of $100,000. If the violation | ||||||
2 | does not involve a film, videotape, or other moving depiction, | ||||||
3 | a violation of
paragraph (6) of subsection (a) is a Class 3 | ||||||
4 | felony with a mandatory
minimum fine of $1000 and a maximum | ||||||
5 | fine of $100,000. If the violation involves a film, videotape, | ||||||
6 | or other moving depiction, a violation of
paragraph (6) of | ||||||
7 | subsection (a) is a Class 2 felony with a mandatory
minimum | ||||||
8 | fine of $1000 and a maximum fine of $100,000.
| ||||||
9 | (d) If a person is convicted of a second or subsequent | ||||||
10 | violation of
this Section within 10 years of a prior | ||||||
11 | conviction, the court shall order a
presentence psychiatric | ||||||
12 | examination of the person. The examiner shall report
to the | ||||||
13 | court whether treatment of the person is necessary.
| ||||||
14 | (e) Any film, videotape, photograph or other similar visual | ||||||
15 | reproduction
or depiction by computer which includes a child | ||||||
16 | under the age of 18 and at least 13 years of age or a
severely | ||||||
17 | or profoundly intellectually disabled person engaged in any | ||||||
18 | activity
described in subparagraphs (i) through (vii) or | ||||||
19 | paragraph 1 of subsection
(a), and any material or equipment | ||||||
20 | used or intended for use in photographing,
filming, printing, | ||||||
21 | producing, reproducing, manufacturing, projecting,
exhibiting, | ||||||
22 | depiction by computer, or disseminating such material shall be
| ||||||
23 | seized and forfeited in the manner, method and procedure | ||||||
24 | provided by Section
36-1 of this Code for the seizure and | ||||||
25 | forfeiture of vessels, vehicles and
aircraft.
| ||||||
26 | In addition, any person convicted under this Section is |
| |||||||
| |||||||
1 | subject to the property forfeiture provisions set forth in | ||||||
2 | Article 124B of the Code of Criminal Procedure of 1963. | ||||||
3 | (e-5) Upon the conclusion of a case brought under this | ||||||
4 | Section, the court
shall seal all evidence depicting a victim | ||||||
5 | or witness that is sexually
explicit. The evidence may be | ||||||
6 | unsealed and viewed, on a motion of the party
seeking to unseal | ||||||
7 | and view the evidence, only for good cause shown and in the
| ||||||
8 | discretion of the court. The motion must expressly set forth | ||||||
9 | the purpose for
viewing the material. The State's attorney and | ||||||
10 | the victim, if possible, shall
be provided reasonable notice of | ||||||
11 | the hearing on the motion to unseal the
evidence. Any person | ||||||
12 | entitled to notice of a hearing under this subsection
(e-5) may | ||||||
13 | object to the motion.
| ||||||
14 | (f) Definitions. For the purposes of this Section:
| ||||||
15 | (1) "Disseminate" means (i) to sell, distribute, | ||||||
16 | exchange or transfer
possession, whether with or without | ||||||
17 | consideration or (ii) to make a depiction
by computer | ||||||
18 | available for distribution or downloading through the | ||||||
19 | facilities
of any telecommunications network or through | ||||||
20 | any other means of transferring
computer programs or data | ||||||
21 | to a computer.
| ||||||
22 | (2) "Produce" means to direct, promote, advertise, | ||||||
23 | publish, manufacture,
issue, present or show.
| ||||||
24 | (3) "Reproduce" means to make a duplication or copy.
| ||||||
25 | (4) "Depict by computer" means to generate or create, | ||||||
26 | or cause to be
created or generated, a computer program or |
| |||||||
| |||||||
1 | data that, after being processed by
a computer either alone | ||||||
2 | or in conjunction with one or more computer programs,
| ||||||
3 | results in a visual depiction on a computer monitor, | ||||||
4 | screen, or display.
| ||||||
5 | (5) "Depiction by computer" means a computer program or | ||||||
6 | data that, after
being processed by a computer either alone | ||||||
7 | or in conjunction with one or more
computer programs, | ||||||
8 | results in a visual depiction on a computer monitor, | ||||||
9 | screen,
or display.
| ||||||
10 | (6) "Computer", "computer program", and "data" have | ||||||
11 | the meanings
ascribed to them in Section 16D-2 of this | ||||||
12 | Code.
| ||||||
13 | (7) For the purposes of this Section, "child | ||||||
14 | pornography" includes a film, videotape, photograph, or | ||||||
15 | other similar
visual medium or reproduction or depiction by | ||||||
16 | computer that is, or appears to
be, that of a person, | ||||||
17 | either in part, or in total, under the age of 18 and at | ||||||
18 | least 13 years of age or a severely or profoundly | ||||||
19 | intellectually disabled mentally retarded person,
| ||||||
20 | regardless of the method by which the film, videotape, | ||||||
21 | photograph, or other
similar visual medium or reproduction | ||||||
22 | or depiction by computer is created,
adopted, or modified | ||||||
23 | to appear as such. "Child pornography" also includes a | ||||||
24 | film,
videotape, photograph, or other similar visual | ||||||
25 | medium or reproduction or
depiction by computer that is | ||||||
26 | advertised, promoted, presented, described, or
distributed |
| |||||||
| |||||||
1 | in such a manner that conveys the impression that the film,
| ||||||
2 | videotape, photograph, or other similar visual medium or | ||||||
3 | reproduction or
depiction by computer is of a person under | ||||||
4 | the age of 18 and at least 13 years of age or a severely or | ||||||
5 | profoundly intellectually disabled mentally retarded | ||||||
6 | person.
| ||||||
7 | (g) Re-enactment; findings; purposes.
| ||||||
8 | (1) The General Assembly finds and declares that:
| ||||||
9 | (i) Section 50-5 of Public Act 88-680, effective | ||||||
10 | January 1, 1995,
contained provisions amending the | ||||||
11 | child pornography statute, Section 11-20.1
of the | ||||||
12 | Criminal Code of 1961. Section 50-5 also contained | ||||||
13 | other provisions.
| ||||||
14 | (ii) In addition, Public Act 88-680 was entitled | ||||||
15 | "AN ACT to create a
Safe Neighborhoods Law". (A) | ||||||
16 | Article 5 was entitled JUVENILE JUSTICE and
amended the | ||||||
17 | Juvenile Court Act of 1987. (B) Article 15 was entitled | ||||||
18 | GANGS and
amended various provisions of the Criminal | ||||||
19 | Code of 1961 and the Unified Code
of Corrections. (C) | ||||||
20 | Article 20 was entitled ALCOHOL ABUSE and amended | ||||||
21 | various
provisions of the Illinois Vehicle Code. (D) | ||||||
22 | Article 25 was entitled DRUG
ABUSE and amended the | ||||||
23 | Cannabis Control Act and the Illinois Controlled
| ||||||
24 | Substances Act. (E) Article 30 was entitled FIREARMS | ||||||
25 | and amended the Criminal
Code of 1961 and the Code of | ||||||
26 | Criminal Procedure of 1963. (F) Article 35
amended the |
| |||||||
| |||||||
1 | Criminal Code of 1961, the Rights of Crime Victims and | ||||||
2 | Witnesses
Act, and the Unified Code of Corrections. (G) | ||||||
3 | Article 40 amended the Criminal
Code of 1961 to | ||||||
4 | increase the penalty for compelling organization | ||||||
5 | membership of
persons. (H) Article 45 created the | ||||||
6 | Secure Residential Youth Care Facility
Licensing Act | ||||||
7 | and amended the State Finance Act, the Juvenile Court | ||||||
8 | Act of
1987, the Unified Code of Corrections, and the | ||||||
9 | Private Correctional Facility
Moratorium Act. (I) | ||||||
10 | Article 50 amended the WIC Vendor Management Act, the
| ||||||
11 | Firearm Owners Identification Card and Certificate of | ||||||
12 | Handgun Registration Act, the Juvenile Court Act of | ||||||
13 | 1987, the
Criminal Code of 1961, the Wrongs to Children | ||||||
14 | Act, and the Unified Code of
Corrections.
| ||||||
15 | (iii) On September 22, 1998, the Third District | ||||||
16 | Appellate Court in
People v. Dainty, 701 N.E. 2d 118, | ||||||
17 | ruled that Public Act 88-680 violates the
single | ||||||
18 | subject clause of the Illinois Constitution (Article | ||||||
19 | IV, Section 8 (d))
and was unconstitutional in its | ||||||
20 | entirety. As of the time this amendatory Act
of 1999 | ||||||
21 | was prepared, People v. Dainty was still subject to | ||||||
22 | appeal.
| ||||||
23 | (iv) Child pornography is a vital concern to the | ||||||
24 | people of this State
and the validity of future | ||||||
25 | prosecutions under the child pornography statute of
| ||||||
26 | the Criminal Code of 1961 is in grave doubt.
|
| |||||||
| |||||||
1 | (2) It is the purpose of this amendatory Act of 1999 to | ||||||
2 | prevent or
minimize any problems relating to prosecutions | ||||||
3 | for child pornography that may
result from challenges to | ||||||
4 | the constitutional validity of Public Act 88-680 by
| ||||||
5 | re-enacting the Section relating to child pornography that | ||||||
6 | was included in
Public Act 88-680.
| ||||||
7 | (3) This amendatory Act of 1999 re-enacts Section | ||||||
8 | 11-20.1 of the
Criminal Code of 1961, as it has been | ||||||
9 | amended. This re-enactment is intended
to remove any | ||||||
10 | question as to the validity or content of that Section; it | ||||||
11 | is not
intended to supersede any other Public Act that | ||||||
12 | amends the text of the Section
as set forth in this | ||||||
13 | amendatory Act of 1999. The material is shown as existing
| ||||||
14 | text (i.e., without underscoring) because, as of the time | ||||||
15 | this amendatory Act
of 1999 was prepared, People v. Dainty | ||||||
16 | was subject to appeal to the Illinois
Supreme Court.
| ||||||
17 | (4) The re-enactment by this amendatory Act of 1999 of | ||||||
18 | Section 11-20.1 of
the Criminal Code of 1961 relating to | ||||||
19 | child pornography that was amended by
Public Act 88-680 is | ||||||
20 | not intended, and shall not be construed, to imply that
| ||||||
21 | Public Act 88-680 is invalid or to limit or impair any | ||||||
22 | legal argument
concerning whether those provisions were | ||||||
23 | substantially re-enacted by other
Public Acts.
| ||||||
24 | (Source: P.A. 96-292, eff. 1-1-10; 96-712, eff. 1-1-10; | ||||||
25 | 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-157, eff. | ||||||
26 | 1-1-12; 97-227, eff. 1-1-12; revised 9-12-11.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| ||||||
2 | Sec. 12-3.05. Aggravated battery.
| ||||||
3 | (a) Offense based on injury. A person commits aggravated | ||||||
4 | battery when, in committing a battery, other than by the | ||||||
5 | discharge of a firearm, he or she knowingly does any of the | ||||||
6 | following: | ||||||
7 | (1) Causes great bodily harm or permanent disability or | ||||||
8 | disfigurement. | ||||||
9 | (2) Causes severe and permanent disability, great | ||||||
10 | bodily harm, or disfigurement by means of a caustic or | ||||||
11 | flammable substance, a poisonous gas, a deadly biological | ||||||
12 | or chemical contaminant or agent, a radioactive substance, | ||||||
13 | or a bomb or explosive compound. | ||||||
14 | (3) Causes great bodily harm or permanent disability or | ||||||
15 | disfigurement to an individual whom the person knows to be | ||||||
16 | a peace officer, community policing volunteer, fireman, | ||||||
17 | private security officer, correctional institution | ||||||
18 | employee, or Department of Human Services employee | ||||||
19 | supervising or controlling sexually dangerous persons or | ||||||
20 | sexually violent persons: | ||||||
21 | (i) performing his or her official duties; | ||||||
22 | (ii) battered to prevent performance of his or her | ||||||
23 | official duties; or | ||||||
24 | (iii) battered in retaliation for performing his | ||||||
25 | or her official duties. |
| |||||||
| |||||||
1 | (4) Causes great bodily harm or permanent disability or | ||||||
2 | disfigurement to an individual 60 years of age or older. | ||||||
3 | (5) Strangles another individual. | ||||||
4 | (b) Offense based on injury to a child or intellectually | ||||||
5 | disabled mentally retarded person. A person who is at least 18 | ||||||
6 | years of age commits aggravated battery when, in committing a | ||||||
7 | battery, he or she knowingly and without legal justification by | ||||||
8 | any means: | ||||||
9 | (1) causes great bodily harm or permanent disability or | ||||||
10 | disfigurement to any child under the age of 13 years, or to | ||||||
11 | any severely or profoundly intellectually disabled | ||||||
12 | mentally retarded person; or | ||||||
13 | (2) causes bodily harm or disability or disfigurement | ||||||
14 | to any child under the age of 13 years or to any severely | ||||||
15 | or profoundly intellectually disabled mentally retarded | ||||||
16 | person. | ||||||
17 | (c) Offense based on location of conduct. A person commits | ||||||
18 | aggravated battery when, in committing a battery, other than by | ||||||
19 | the discharge of a firearm, he or she is or the person battered | ||||||
20 | is on or about a public way, public property, a public place of | ||||||
21 | accommodation or amusement, a sports venue, or a domestic | ||||||
22 | violence shelter. | ||||||
23 | (d) Offense based on status of victim. A person commits | ||||||
24 | aggravated battery when, in committing a battery, other than by | ||||||
25 | discharge of a firearm, he or she knows the individual battered | ||||||
26 | to be any of the following: |
| |||||||
| |||||||
1 | (1) A person 60 years of age or older. | ||||||
2 | (2) A person who is pregnant or physically handicapped. | ||||||
3 | (3) A teacher or school employee upon school grounds or | ||||||
4 | grounds adjacent to a school or in any part of a building | ||||||
5 | used for school purposes. | ||||||
6 | (4) A peace officer, community policing volunteer, | ||||||
7 | fireman, private security officer, correctional | ||||||
8 | institution employee, or Department of Human Services | ||||||
9 | employee supervising or controlling sexually dangerous | ||||||
10 | persons or sexually violent persons: | ||||||
11 | (i) performing his or her official duties; | ||||||
12 | (ii) battered to prevent performance of his or her | ||||||
13 | official duties; or | ||||||
14 | (iii) battered in retaliation for performing his | ||||||
15 | or her official duties. | ||||||
16 | (5) A judge, emergency management worker, emergency | ||||||
17 | medical technician, or utility worker: | ||||||
18 | (i) performing his or her official duties; | ||||||
19 | (ii) battered to prevent performance of his or her | ||||||
20 | official duties; or | ||||||
21 | (iii) battered in retaliation for performing his | ||||||
22 | or her official duties. | ||||||
23 | (6) An officer or employee of the State of Illinois, a | ||||||
24 | unit of local government, or a school district, while | ||||||
25 | performing his or her official duties. | ||||||
26 | (7) A transit employee performing his or her official |
| |||||||
| |||||||
1 | duties, or a transit passenger. | ||||||
2 | (8) A taxi driver on duty. | ||||||
3 | (9) A merchant who detains the person for an alleged | ||||||
4 | commission of retail theft under Section 16-26 of this Code | ||||||
5 | and the person without legal justification by any means | ||||||
6 | causes bodily harm to the merchant. | ||||||
7 | (10) A person authorized to serve process under Section | ||||||
8 | 2-202 of the Code of Civil Procedure or a special process | ||||||
9 | server appointed by the circuit court while that individual | ||||||
10 | is in the performance of his or her duties as a process | ||||||
11 | server. | ||||||
12 | (e) Offense based on use of a firearm. A person commits | ||||||
13 | aggravated battery when, in committing a battery, he or she | ||||||
14 | knowingly does any of the following: | ||||||
15 | (1) Discharges a firearm, other than a machine gun or a | ||||||
16 | firearm equipped with a silencer, and causes any injury to | ||||||
17 | another person. | ||||||
18 | (2) Discharges a firearm, other than a machine gun or a | ||||||
19 | firearm equipped with a silencer, and causes any injury to | ||||||
20 | a person he or she knows to be a peace officer, community | ||||||
21 | policing volunteer, person summoned by a police officer, | ||||||
22 | fireman, private security officer, correctional | ||||||
23 | institution employee, or emergency management worker: | ||||||
24 | (i) performing his or her official duties; | ||||||
25 | (ii) battered to prevent performance of his or her | ||||||
26 | official duties; or |
| |||||||
| |||||||
1 | (iii) battered in retaliation for performing his | ||||||
2 | or her official duties. | ||||||
3 | (3) Discharges a firearm, other than a machine gun or a | ||||||
4 | firearm equipped with a silencer, and causes any injury to | ||||||
5 | a person he or she knows to be an emergency medical | ||||||
6 | technician employed by a municipality or other | ||||||
7 | governmental unit: | ||||||
8 | (i) performing his or her official duties; | ||||||
9 | (ii) battered to prevent performance of his or her | ||||||
10 | official duties; or | ||||||
11 | (iii) battered in retaliation for performing his | ||||||
12 | or her official duties. | ||||||
13 | (4) Discharges a firearm and causes any injury to a | ||||||
14 | person he or she knows to be a teacher, a student in a | ||||||
15 | school, or a school employee, and the teacher, student, or | ||||||
16 | employee is upon school grounds or grounds adjacent to a | ||||||
17 | school or in any part of a building used for school | ||||||
18 | purposes. | ||||||
19 | (5) Discharges a machine gun or a firearm equipped with | ||||||
20 | a silencer, and causes any injury to another person. | ||||||
21 | (6) Discharges a machine gun or a firearm equipped with | ||||||
22 | a silencer, and causes any injury to a person he or she | ||||||
23 | knows to be a peace officer, community policing volunteer, | ||||||
24 | person summoned by a police officer, fireman, private | ||||||
25 | security officer, correctional institution employee or | ||||||
26 | emergency management worker: |
| |||||||
| |||||||
1 | (i) performing his or her official duties; | ||||||
2 | (ii) battered to prevent performance of his or her | ||||||
3 | official duties; or | ||||||
4 | (iii) battered in retaliation for performing his | ||||||
5 | or her official duties. | ||||||
6 | (7) Discharges a machine gun or a firearm equipped with | ||||||
7 | a silencer, and causes any injury to a person he or she | ||||||
8 | knows to be an emergency medical technician employed by a | ||||||
9 | municipality or other governmental unit: | ||||||
10 | (i) performing his or her official duties; | ||||||
11 | (ii) battered to prevent performance of his or her | ||||||
12 | official duties; or | ||||||
13 | (iii) battered in retaliation for performing his | ||||||
14 | or her official duties. | ||||||
15 | (8) Discharges a machine gun or a firearm equipped with | ||||||
16 | a silencer, and causes any injury to a person he or she | ||||||
17 | knows to be a teacher, or a student in a school, or a | ||||||
18 | school employee, and the teacher, student, or employee is | ||||||
19 | upon school grounds or grounds adjacent to a school or in | ||||||
20 | any part of a building used for school purposes. | ||||||
21 | (f) Offense based on use of a weapon or device. A person | ||||||
22 | commits aggravated battery when, in committing a battery, he or | ||||||
23 | she does any of the following: | ||||||
24 | (1) Uses a deadly weapon other than by discharge of a | ||||||
25 | firearm, or uses an air rifle as defined in the Air Rifle
| ||||||
26 | Act. |
| |||||||
| |||||||
1 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
2 | identity. | ||||||
3 | (3) Knowingly and without lawful justification shines | ||||||
4 | or flashes a laser gunsight or other laser device attached | ||||||
5 | to a firearm, or used in concert with a firearm, so that | ||||||
6 | the laser beam strikes upon or against the person of | ||||||
7 | another. | ||||||
8 | (g) Offense based on certain conduct. A person commits | ||||||
9 | aggravated battery when, other than by discharge of a firearm, | ||||||
10 | he or she does any of the following: | ||||||
11 | (1) Violates Section 401 of the Illinois Controlled | ||||||
12 | Substances Act by unlawfully delivering a controlled | ||||||
13 | substance to another and any user experiences great bodily | ||||||
14 | harm or permanent disability as a result of the injection, | ||||||
15 | inhalation, or ingestion of any amount of the controlled | ||||||
16 | substance. | ||||||
17 | (2) Knowingly administers to an individual or causes | ||||||
18 | him or her to take, without his or her consent or by threat | ||||||
19 | or deception, and for other than medical purposes, any | ||||||
20 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
21 | or controlled substance, or gives to another person any | ||||||
22 | food containing any substance or object intended to cause | ||||||
23 | physical injury if eaten. | ||||||
24 | (3) Knowingly causes or attempts to cause a | ||||||
25 | correctional institution employee or Department of Human | ||||||
26 | Services employee to come into contact with blood, seminal |
| |||||||
| |||||||
1 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
2 | the fluid or material, and the person is an inmate of a | ||||||
3 | penal institution or is a sexually dangerous person or | ||||||
4 | sexually violent person in the custody of the Department of | ||||||
5 | Human Services. | ||||||
6 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
7 | battery is a Class 3 felony. | ||||||
8 | Aggravated battery as defined in subdivision (a)(4), | ||||||
9 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
10 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
11 | (g)(1) is a Class 1 felony. | ||||||
12 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
13 | Class 1 felony when the aggravated battery was intentional and | ||||||
14 | involved the infliction of torture, as defined in paragraph | ||||||
15 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
16 | infliction of or subjection to extreme physical pain, motivated | ||||||
17 | by an intent to increase or prolong the pain, suffering, or | ||||||
18 | agony of the victim. | ||||||
19 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
20 | felony if: | ||||||
21 | (A) the person used or attempted to use a dangerous
| ||||||
22 | instrument while committing the offense; or | ||||||
23 | (B) the person caused great bodily harm or
permanent | ||||||
24 | disability or disfigurement to the other
person while | ||||||
25 | committing the offense; or | ||||||
26 | (C) the person has been previously convicted of a
|
| |||||||
| |||||||
1 | violation of subdivision (a)(5) under the laws of this
| ||||||
2 | State or laws similar to subdivision (a)(5) of any other
| ||||||
3 | state. | ||||||
4 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
5 | Class X felony. | ||||||
6 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
7 | Class X felony for which a person shall be sentenced to a term | ||||||
8 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
9 | years. | ||||||
10 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
11 | Class X felony for which a person shall be sentenced to a term | ||||||
12 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
13 | years. | ||||||
14 | Aggravated battery as defined in subdivision (e)(2), | ||||||
15 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
16 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
17 | and a maximum of 60 years. | ||||||
18 | Aggravated battery as defined in subdivision (e)(6), | ||||||
19 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
20 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
21 | and a maximum of 60 years. | ||||||
22 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
23 | Class X felony, except that: | ||||||
24 | (1) if the person committed the offense while armed | ||||||
25 | with a firearm, 15 years shall be added to the term of | ||||||
26 | imprisonment imposed by the court; |
| |||||||
| |||||||
1 | (2) if, during the commission of the offense, the | ||||||
2 | person personally discharged a firearm, 20 years shall be | ||||||
3 | added to the term of imprisonment imposed by the court; | ||||||
4 | (3) if, during the commission of the offense, the | ||||||
5 | person personally discharged a firearm that proximately | ||||||
6 | caused great bodily harm, permanent disability, permanent | ||||||
7 | disfigurement, or death to another person, 25 years or up | ||||||
8 | to a term of natural life shall be added to the term of | ||||||
9 | imprisonment imposed by the court. | ||||||
10 | (i) Definitions. For the purposes of this Section: | ||||||
11 | "Building or other structure used to provide shelter" has | ||||||
12 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
13 | Violence Shelters Act. | ||||||
14 | "Domestic violence" has the meaning ascribed to it in | ||||||
15 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
16 | "Domestic violence shelter" means any building or other | ||||||
17 | structure used to provide shelter or other services to victims | ||||||
18 | or to the dependent children of victims of domestic violence | ||||||
19 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
20 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
21 | such a building or other structure in the case of a person who | ||||||
22 | is going to or from such a building or other structure. | ||||||
23 | "Firearm" has the meaning provided under Section 1.1
of the | ||||||
24 | Firearm Owners Identification Card and Certificate of Handgun | ||||||
25 | Registration Act, and does
not include an air rifle as defined | ||||||
26 | by Section 1 of the Air
Rifle Act. |
| |||||||
| |||||||
1 | "Machine gun" has the meaning ascribed to it in Section | ||||||
2 | 24-1 of this Code. | ||||||
3 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
4 | of this Code. | ||||||
5 | "Strangle" means
intentionally impeding the normal | ||||||
6 | breathing or circulation of the blood of an individual by | ||||||
7 | applying pressure on the throat
or neck of that individual or | ||||||
8 | by blocking the nose or mouth of
that individual.
| ||||||
9 | (Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; | ||||||
10 | 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff. | ||||||
11 | 1-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12, | ||||||
12 | and 97-467, eff. 1-1-12; revised 10-12-11.)
| ||||||
13 | (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
| ||||||
14 | Sec. 17-30. Defaced, altered, or removed manufacturer or | ||||||
15 | owner identification number. | ||||||
16 | (a) Unlawful sale of household appliances. A person commits | ||||||
17 | unlawful
sale of household
appliances when he or she knowingly, | ||||||
18 | with the intent to defraud or deceive
another, keeps for sale, | ||||||
19 | within any commercial
context, any household appliance with a | ||||||
20 | missing, defaced, obliterated, or
otherwise altered | ||||||
21 | manufacturer's identification number.
| ||||||
22 | (b) Construction equipment identification defacement. A | ||||||
23 | person commits construction equipment identification | ||||||
24 | defacement when he or she knowingly changes,
alters, removes, | ||||||
25 | mutilates, or
obliterates a permanently affixed serial number, |
| |||||||
| |||||||
1 | product identification number,
part number, component | ||||||
2 | identification number, owner-applied identification,
or other | ||||||
3 | mark of identification attached to or stamped, inscribed, | ||||||
4 | molded,
or etched into a machine or other equipment, whether | ||||||
5 | stationary or mobile
or self-propelled, or a part of such | ||||||
6 | machine or equipment, used in the construction,
maintenance, or | ||||||
7 | demolition of buildings, structures, bridges, tunnels, sewers,
| ||||||
8 | utility pipes or lines, ditches or open cuts, roads, highways, | ||||||
9 | dams, airports,
or waterways or in material handling for such | ||||||
10 | projects. | ||||||
11 | The trier of fact may infer that the defendant has | ||||||
12 | knowingly changed, altered, removed, or obliterated the serial | ||||||
13 | number, product identification number, part number, component | ||||||
14 | identification number, owner-applied identification number, or | ||||||
15 | other mark of identification, if the defendant was in | ||||||
16 | possession of any machine or other equipment or a part of such | ||||||
17 | machine
or equipment used in the construction, maintenance, or | ||||||
18 | demolition of buildings,
structures, bridges, tunnels, sewers, | ||||||
19 | utility pipes or lines, ditches or
open cuts, roads, highways, | ||||||
20 | dams, airports, or waterways or in material handling
for such | ||||||
21 | projects upon which any such serial number, product | ||||||
22 | identification
number, part number, component identification | ||||||
23 | number, owner-applied identification
number, or other mark of | ||||||
24 | identification has been changed, altered,
removed, or | ||||||
25 | obliterated. | ||||||
26 | (c) Defacement of manufacturer's serial number or |
| |||||||
| |||||||
1 | identification mark. A person commits defacement of a | ||||||
2 | manufacturer's serial number or identification mark when he or | ||||||
3 | she knowingly removes, alters, defaces, covers, or destroys the
| ||||||
4 | manufacturer's serial number or any other manufacturer's | ||||||
5 | number or
distinguishing identification mark upon any machine | ||||||
6 | or other article of
merchandise, other than a motor vehicle as | ||||||
7 | defined in Section 1-146 of the
Illinois Vehicle Code or a | ||||||
8 | firearm as defined in the Firearm Owners Identification Card | ||||||
9 | and Certificate of Handgun Registration Act, with the intent of | ||||||
10 | concealing or destroying the
identity of such machine or other | ||||||
11 | article of merchandise. | ||||||
12 | (d) Sentence. | ||||||
13 | (1) A violation of subsection (a) of this Section is a | ||||||
14 | Class 4 felony if the value
of the appliance or appliances | ||||||
15 | exceeds $1,000 and a Class B misdemeanor if
the value of | ||||||
16 | the appliance or appliances is $1,000 or less.
| ||||||
17 | (2) A violation of subsection (b) of this Section is a | ||||||
18 | Class A misdemeanor. | ||||||
19 | (3) A violation of subsection (c) of this Section is a | ||||||
20 | Class B misdemeanor. | ||||||
21 | (e) No liability shall be imposed upon any person for the | ||||||
22 | unintentional
failure to comply with subsection (a).
| ||||||
23 | (f) Definitions. In this Section: | ||||||
24 | "Commercial context" means a continuing business | ||||||
25 | enterprise conducted
for profit by any person whose primary | ||||||
26 | business is the wholesale or retail
marketing of household |
| |||||||
| |||||||
1 | appliances, or a significant portion of whose business
or | ||||||
2 | inventory consists of household appliances
kept or sold on a | ||||||
3 | wholesale or retail basis. | ||||||
4 | "Household appliance" means any gas or electric device or | ||||||
5 | machine
marketed for use as home entertainment or for | ||||||
6 | facilitating or expediting
household tasks or chores. The term | ||||||
7 | shall include but not necessarily be
limited to refrigerators, | ||||||
8 | freezers, ranges, radios, television sets, vacuum
cleaners, | ||||||
9 | toasters, dishwashers, and other similar household items. | ||||||
10 | "Manufacturer's identification number" means any serial | ||||||
11 | number or
other similar numerical or alphabetical designation | ||||||
12 | imprinted upon or attached
to or placed, stamped, or otherwise | ||||||
13 | imprinted upon or attached to a household
appliance or item by | ||||||
14 | the manufacturer for purposes of identifying a particular
| ||||||
15 | appliance or item individually or by lot number. | ||||||
16 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
17 | (720 ILCS 5/17B-0.05)
| ||||||
18 | Sec. 17B-0.05. Re-enactment; findings; purposes.
| ||||||
19 | (a) The General Assembly finds and declares that:
| ||||||
20 | (1) Section 50-5 of Public Act 88-680, effective | ||||||
21 | January 1, 1995,
contained provisions adding the WIC Fraud | ||||||
22 | Article to the Criminal Code of 1961.
Section 50-5 also | ||||||
23 | contained other provisions.
| ||||||
24 | (2) In addition, Public Act 88-680 was entitled "An Act | ||||||
25 | to create a Safe
Neighborhoods Law". (i) Article 5 was |
| |||||||
| |||||||
1 | entitled
JUVENILE JUSTICE and amended the Juvenile Court | ||||||
2 | Act of 1987. (ii) Article 15
was
entitled GANGS and amended | ||||||
3 | various provisions of the Criminal Code of 1961 and
the
| ||||||
4 | Unified Code of Corrections. (iii) Article 20 was entitled | ||||||
5 | ALCOHOL ABUSE and
amended
various provisions of the | ||||||
6 | Illinois Vehicle Code. (iv) Article 25 was
entitled DRUG
| ||||||
7 | ABUSE and amended the Cannabis Control Act and the Illinois | ||||||
8 | Controlled
Substances
Act. (v) Article 30 was entitled | ||||||
9 | FIREARMS and amended the Criminal Code of
1961 and
the Code | ||||||
10 | of Criminal Procedure of 1963. (vi) Article 35 amended
the
| ||||||
11 | Criminal Code of 1961, the Rights of Crime Victims and | ||||||
12 | Witnesses Act, and the
Unified
Code of Corrections. (vii) | ||||||
13 | Article 40 amended the Criminal Code of 1961 to
increase | ||||||
14 | the
penalty for compelling organization membership of | ||||||
15 | persons. (viii) Article 45
created the
Secure Residential | ||||||
16 | Youth Care Facility Licensing Act and amended the State
| ||||||
17 | Finance
Act, the Juvenile Court Act of 1987, the Unified | ||||||
18 | Code of Corrections, and the
Private
Correctional Facility | ||||||
19 | Moratorium Act. (ix) Article 50 amended the WIC Vendor
| ||||||
20 | Management Act, the Firearm Owners Identification Card and | ||||||
21 | Certificate of Handgun Registration Act, the Juvenile | ||||||
22 | Court
Act of
1987, the Criminal Code of 1961, the Wrongs to | ||||||
23 | Children Act, and the Unified
Code of
Corrections.
| ||||||
24 | (3) On September 22, 1998, the Third District Appellate | ||||||
25 | Court in People v.
Dainty, 701 N.E. 2d 118, ruled that | ||||||
26 | Public Act 88-680 violates the single
subject clause
of the |
| |||||||
| |||||||
1 | Illinois Constitution (Article IV, Section 8 (d)) and was
| ||||||
2 | unconstitutional in its
entirety. As of the time this | ||||||
3 | amendatory Act of 1999 was prepared, People v.
Dainty was
| ||||||
4 | still subject to appeal.
| ||||||
5 | (4) WIC fraud is a vital concern to the people of this | ||||||
6 | State and the
validity of
future prosecutions under the WIC | ||||||
7 | fraud provisions of the Criminal Code of 1961
is in
grave | ||||||
8 | doubt.
| ||||||
9 | (b) It is the purpose of this amendatory Act of 1999 to | ||||||
10 | prevent or minimize
any
problems relating to prosecutions for | ||||||
11 | WIC fraud that may result from challenges
to the
constitutional | ||||||
12 | validity of Public Act 88-680 by re-enacting the Sections
| ||||||
13 | relating to WIC
fraud that were included in Public Act 88-680.
| ||||||
14 | (c) This amendatory Act of 1999 re-enacts Article 17B of | ||||||
15 | the Criminal Code
of
1961, as it has been amended. This | ||||||
16 | re-enactment is intended to remove any
question as
to the | ||||||
17 | validity or content of that Article; it is not intended to | ||||||
18 | supersede any
other Public
Act that amends the text of a | ||||||
19 | Section as set forth in this amendatory Act of
1999.
Except for | ||||||
20 | a grammatical correction in Section 17B-10 and a correction of | ||||||
21 | the
Section number to Section 17B-30, the
material is
shown as | ||||||
22 | existing text (i.e., without underscoring) because, as of the | ||||||
23 | time
this
amendatory Act of 1999 was prepared, People v. Dainty | ||||||
24 | was subject to appeal to
the
Illinois Supreme Court.
| ||||||
25 | (d) The re-enactment by this amendatory Act of 1999 of | ||||||
26 | certain Sections
relating
to
WIC fraud that were enacted by |
| |||||||
| |||||||
1 | Public Act 88-680 is not intended, and shall not
be
construed, | ||||||
2 | to imply that Public Act 88-680 is invalid or to limit or | ||||||
3 | impair any
legal
argument concerning whether those provisions | ||||||
4 | were substantially re-enacted by
other
Public Acts.
| ||||||
5 | (Source: P.A. 91-155, eff. 7-16-99.)
| ||||||
6 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
7 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||
8 | Felons or
Persons in the Custody of the
Department of | ||||||
9 | Corrections Facilities. | ||||||
10 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
11 | about his person or on his land or
in his own abode or fixed | ||||||
12 | place of business any weapon prohibited under
Section 24-1 of | ||||||
13 | this Act or any firearm or any firearm ammunition if the
person | ||||||
14 | has been convicted of a felony under the laws of this State or | ||||||
15 | any
other jurisdiction. This Section shall not apply if the | ||||||
16 | person has been
granted relief by the Director of the | ||||||
17 | Department of State Police
under Section 10 of the Firearm | ||||||
18 | Owners Identification
Card and Certificate of Handgun | ||||||
19 | Registration Act.
| ||||||
20 | (b) It is unlawful for any person confined in a penal | ||||||
21 | institution,
which is a facility of the Illinois Department of | ||||||
22 | Corrections, to possess
any weapon prohibited under Section | ||||||
23 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
24 | regardless of the intent with which he possesses it.
| ||||||
25 | (c) It shall be an affirmative defense to a violation of |
| |||||||
| |||||||
1 | subsection (b), that such possession was specifically | ||||||
2 | authorized by rule,
regulation, or directive of the Illinois | ||||||
3 | Department of Corrections or order
issued pursuant thereto.
| ||||||
4 | (d) The defense of necessity is not available to a person | ||||||
5 | who is charged
with a violation of subsection (b) of this | ||||||
6 | Section.
| ||||||
7 | (e) Sentence. Violation of this Section by a person not | ||||||
8 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
9 | which the person shall be sentenced to no less than 2 years and | ||||||
10 | no
more than 10 years and any second or subsequent violation | ||||||
11 | shall be a Class 2 felony for which the person shall be | ||||||
12 | sentenced to a term of imprisonment of not less than 3 years | ||||||
13 | and not more than 14 years. Violation of this Section by a | ||||||
14 | person not confined in a
penal institution who has been | ||||||
15 | convicted of a forcible felony, a felony
violation of Article | ||||||
16 | 24 of this Code or of the Firearm Owners Identification
Card | ||||||
17 | and Certificate of Handgun Registration Act, stalking or | ||||||
18 | aggravated stalking, or a Class 2 or greater felony
under the | ||||||
19 | Illinois Controlled Substances Act, the Cannabis Control Act, | ||||||
20 | or the Methamphetamine Control and Community Protection Act is | ||||||
21 | a
Class 2 felony for which the person
shall be sentenced to not | ||||||
22 | less than 3 years and not more than 14 years.
Violation of this | ||||||
23 | Section by a person who is on parole or mandatory supervised
| ||||||
24 | release is a Class 2 felony for which the person shall be | ||||||
25 | sentenced to not less than 3 years and not more than 14
years. | ||||||
26 | Violation of this Section by a person not confined in a penal
|
| |||||||
| |||||||
1 | institution is a Class X felony when the firearm possessed is a | ||||||
2 | machine gun.
Any person who violates this Section while | ||||||
3 | confined in a penal
institution, which is a facility of the | ||||||
4 | Illinois Department of
Corrections, is guilty of a Class 1
| ||||||
5 | felony, if he possesses any weapon prohibited under Section | ||||||
6 | 24-1 of this
Code regardless of the intent with which he | ||||||
7 | possesses it, a Class X
felony if he possesses any firearm, | ||||||
8 | firearm ammunition or explosive, and a
Class X felony for which | ||||||
9 | the offender shall be sentenced to not less than 12
years and | ||||||
10 | not more than 50 years when the firearm possessed is a machine
| ||||||
11 | gun. A violation of this Section while wearing or in possession | ||||||
12 | of body armor as defined in Section 33F-1 is a Class X felony | ||||||
13 | punishable by a term of imprisonment of not less than 10 years | ||||||
14 | and not more than 40 years.
The possession of each firearm or | ||||||
15 | firearm ammunition in violation of this Section constitutes a | ||||||
16 | single and separate violation.
| ||||||
17 | (Source: P.A. 97-237, eff. 1-1-12.)
| ||||||
18 | (720 ILCS 5/24-1.6) | ||||||
19 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
20 | (a) A person commits the offense of aggravated unlawful use | ||||||
21 | of a weapon when
he or she knowingly: | ||||||
22 | (1) Carries on or about his or her person or in any | ||||||
23 | vehicle or concealed
on or about his or her person except | ||||||
24 | when on his or her land or in his or her
abode, legal | ||||||
25 | dwelling, or fixed place of business, or on the land or in |
| |||||||
| |||||||
1 | the legal dwelling of another person as an invitee with | ||||||
2 | that person's permission, any pistol, revolver, stun gun or | ||||||
3 | taser or
other firearm; or | ||||||
4 | (2) Carries or possesses on or about his or her person, | ||||||
5 | upon any public
street, alley, or other public lands within | ||||||
6 | the corporate limits of a city,
village or incorporated | ||||||
7 | town, except when an invitee thereon or therein, for
the | ||||||
8 | purpose of the display of such weapon or the lawful | ||||||
9 | commerce in weapons, or
except when on his or her own land | ||||||
10 | or in his or her own abode, legal dwelling, or fixed place | ||||||
11 | of
business, or on the land or in the legal dwelling of | ||||||
12 | another person as an invitee with that person's permission, | ||||||
13 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
14 | and | ||||||
15 | (3) One of the following factors is present: | ||||||
16 | (A) the firearm possessed was uncased, loaded and | ||||||
17 | immediately accessible
at the time of the offense; or | ||||||
18 | (B) the firearm possessed was uncased, unloaded | ||||||
19 | and the ammunition for
the weapon was immediately | ||||||
20 | accessible at the time of the offense; or | ||||||
21 | (C) the person possessing the firearm has not been | ||||||
22 | issued a currently
valid Firearm Owner's | ||||||
23 | Identification Card; or | ||||||
24 | (D) the person possessing the weapon was | ||||||
25 | previously adjudicated
a delinquent minor under the | ||||||
26 | Juvenile Court Act of 1987 for an act that if
committed |
| |||||||
| |||||||
1 | by an adult would be a felony; or | ||||||
2 | (E) the person possessing the weapon was engaged in | ||||||
3 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
4 | a misdemeanor violation of the Illinois Controlled | ||||||
5 | Substances
Act, or in a misdemeanor violation of the | ||||||
6 | Methamphetamine Control and Community Protection Act; | ||||||
7 | or | ||||||
8 | (F) (blank); or | ||||||
9 | (G) the person possessing the weapon had a order of | ||||||
10 | protection issued
against him or her within the | ||||||
11 | previous 2 years; or | ||||||
12 | (H) the person possessing the weapon was engaged in | ||||||
13 | the commission or
attempted commission of
a | ||||||
14 | misdemeanor involving the use or threat of violence | ||||||
15 | against
the person or property of another; or | ||||||
16 | (I) the person possessing the weapon was under 21 | ||||||
17 | years of age and in
possession of a handgun as defined | ||||||
18 | in Section 24-3, unless the person under 21
is engaged | ||||||
19 | in lawful activities under the Wildlife Code or | ||||||
20 | described in
subsection 24-2(b)(1), (b)(3), or | ||||||
21 | 24-2(f). | ||||||
22 | (b) "Stun gun or taser" as used in this Section has the | ||||||
23 | same definition
given to it in Section 24-1 of this Code. | ||||||
24 | (c) This Section does not apply to or affect the | ||||||
25 | transportation or
possession
of weapons that: | ||||||
26 | (i) are broken down in a non-functioning state; or |
| |||||||
| |||||||
1 | (ii) are not immediately accessible; or | ||||||
2 | (iii) are unloaded and enclosed in a case, firearm | ||||||
3 | carrying box,
shipping box, or other container by a | ||||||
4 | person who has been issued a currently
valid Firearm | ||||||
5 | Owner's
Identification Card. | ||||||
6 | (d) Sentence. | ||||||
7 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
8 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
9 | for which the person shall be sentenced to a term of | ||||||
10 | imprisonment of not less than 3 years and not more than 7 | ||||||
11 | years. | ||||||
12 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
13 | (4) of this subsection (d), a first offense of aggravated | ||||||
14 | unlawful use of a weapon committed with a firearm by a | ||||||
15 | person 18 years of age or older where the factors listed in | ||||||
16 | both items (A) and (C) of paragraph (3) of subsection (a) | ||||||
17 | are present is a Class 4 felony, for which the person shall | ||||||
18 | be sentenced to a term of imprisonment of not less than one | ||||||
19 | year and not more than 3 years. | ||||||
20 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
21 | has been previously
convicted of a felony in this State or | ||||||
22 | another jurisdiction is a Class 2
felony for which the | ||||||
23 | person shall be sentenced to a term of imprisonment of not | ||||||
24 | less than 3 years and not more than 7 years. | ||||||
25 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
26 | or in possession of body armor as defined in Section 33F-1 |
| |||||||
| |||||||
1 | by a person who has not been issued a valid Firearms | ||||||
2 | Owner's Identification Card in accordance with Section 5 of | ||||||
3 | the Firearm Owners Identification Card and Certificate of | ||||||
4 | Handgun Registration Act is a Class X felony.
| ||||||
5 | (e) The possession of each firearm in violation of this | ||||||
6 | Section constitutes a single and separate violation. | ||||||
7 | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | ||||||
8 | 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
| ||||||
9 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
10 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
11 | (A) A person commits the offense of unlawful sale or | ||||||
12 | delivery of firearms when he
or she knowingly does any of the | ||||||
13 | following:
| ||||||
14 | (a) Sells or gives any firearm of a size which may be | ||||||
15 | concealed upon the
person to any person under 18 years of | ||||||
16 | age.
| ||||||
17 | (b) Sells or gives any firearm to a person under 21 | ||||||
18 | years of age who has
been convicted of a misdemeanor other | ||||||
19 | than a traffic offense or adjudged
delinquent.
| ||||||
20 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
21 | (d) Sells or gives any firearm to any person who has | ||||||
22 | been convicted of a
felony under the laws of this or any | ||||||
23 | other jurisdiction.
| ||||||
24 | (e) Sells or gives any firearm to any person who has | ||||||
25 | been a patient in a
mental hospital within the past 5 |
| |||||||
| |||||||
1 | years.
| ||||||
2 | (f) Sells or gives any firearms to any person who is | ||||||
3 | intellectually disabled.
| ||||||
4 | (g) Delivers any firearm of a size which may be | ||||||
5 | concealed upon the
person, incidental to a sale, without | ||||||
6 | withholding delivery of such firearm
for at least 72 hours | ||||||
7 | after application for its purchase has been made, or
| ||||||
8 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
9 | gun or taser, incidental to a sale,
without withholding | ||||||
10 | delivery of such rifle, shotgun or other long gun, or a | ||||||
11 | stun gun or taser for
at least 24 hours after application | ||||||
12 | for its purchase has been made.
However,
this paragraph (g) | ||||||
13 | does not apply to: (1) the sale of a firearm
to a law | ||||||
14 | enforcement officer if the seller of the firearm knows that | ||||||
15 | the person to whom he or she is selling the firearm is a | ||||||
16 | law enforcement officer or the sale of a firearm to a | ||||||
17 | person who desires to purchase a firearm for
use in | ||||||
18 | promoting the public interest incident to his or her | ||||||
19 | employment as a
bank guard, armed truck guard, or other | ||||||
20 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
21 | nonresident of Illinois under which the firearm
is mailed | ||||||
22 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
23 | of a firearm to a nonresident of Illinois while at a | ||||||
24 | firearm showing or display
recognized by the Illinois | ||||||
25 | Department of State Police; or (4) the sale of a
firearm to | ||||||
26 | a dealer licensed as a federal firearms dealer under |
| |||||||
| |||||||
1 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
2 | U.S.C. 923). For purposes of this paragraph (g), | ||||||
3 | "application" means when the buyer and seller reach an | ||||||
4 | agreement to purchase a firearm.
| ||||||
5 | (h) While holding any license
as a dealer,
importer, | ||||||
6 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
7 | Act of 1968,
manufactures, sells or delivers to any | ||||||
8 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
9 | or receiver which is a die casting of zinc alloy or
any | ||||||
10 | other nonhomogeneous metal which will melt or deform at a | ||||||
11 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
12 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
13 | the Firearm Owners Identification Card and Certificate of | ||||||
14 | Handgun Registration Act; and (2)
"handgun" is defined as a | ||||||
15 | firearm designed to be held
and fired by the use of a | ||||||
16 | single hand, and includes a combination of parts from
which | ||||||
17 | such a firearm can be assembled.
| ||||||
18 | (i) Sells or gives a firearm of any size to any person | ||||||
19 | under 18 years of
age who does not possess a valid Firearm | ||||||
20 | Owner's Identification Card.
| ||||||
21 | (j) Sells or gives a firearm while engaged in the | ||||||
22 | business of selling
firearms at wholesale or retail without | ||||||
23 | being licensed as a federal firearms
dealer under Section | ||||||
24 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
25 | In this paragraph (j):
| ||||||
26 | A person "engaged in the business" means a person who |
| |||||||
| |||||||
1 | devotes time,
attention, and
labor to
engaging in the | ||||||
2 | activity as a regular course of trade or business with the
| ||||||
3 | principal objective of livelihood and profit, but does not | ||||||
4 | include a person who
makes occasional repairs of firearms | ||||||
5 | or who occasionally fits special barrels,
stocks, or | ||||||
6 | trigger mechanisms to firearms.
| ||||||
7 | "With the principal objective of livelihood and | ||||||
8 | profit" means that the
intent
underlying the sale or | ||||||
9 | disposition of firearms is predominantly one of
obtaining | ||||||
10 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
11 | such as
improving or liquidating a personal firearms | ||||||
12 | collection; however, proof of
profit shall not be required | ||||||
13 | as to a person who engages in the regular and
repetitive | ||||||
14 | purchase and disposition of firearms for criminal purposes | ||||||
15 | or
terrorism.
| ||||||
16 | (k) Sells or transfers ownership of a firearm to a | ||||||
17 | person who does not display to the seller or transferor of | ||||||
18 | the firearm a currently valid Firearm Owner's | ||||||
19 | Identification Card that has previously been issued in the | ||||||
20 | transferee's name by the Department of State Police under | ||||||
21 | the provisions of the Firearm Owners Identification Card | ||||||
22 | and Certificate of Handgun Registration Act. This | ||||||
23 | paragraph (k) does not apply to the transfer of a firearm | ||||||
24 | to a person who is exempt from the requirement of | ||||||
25 | possessing a Firearm Owner's Identification Card under | ||||||
26 | Section 2 of the Firearm Owners Identification Card and |
| |||||||
| |||||||
1 | Certificate of Handgun Registration Act. For the purposes | ||||||
2 | of this Section, a currently valid Firearm Owner's | ||||||
3 | Identification Card means (i) a Firearm Owner's | ||||||
4 | Identification Card that has not expired or (ii) if the | ||||||
5 | transferor is licensed as a federal firearms dealer under | ||||||
6 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
7 | U.S.C. 923), an approval number issued in accordance with | ||||||
8 | Section 3.1 of the Firearm Owners Identification Card and | ||||||
9 | Certificate of Handgun Registration Act shall be proof that | ||||||
10 | the Firearm Owner's Identification Card was valid. | ||||||
11 | (l) Not
being entitled to the possession of a firearm, | ||||||
12 | delivers the
firearm, knowing it to have been stolen or | ||||||
13 | converted. It may be inferred that
a person who possesses a | ||||||
14 | firearm with knowledge that its serial number has
been | ||||||
15 | removed or altered has knowledge that the firearm is stolen | ||||||
16 | or converted. | ||||||
17 | (B) Paragraph (h) of subsection (A) does not include | ||||||
18 | firearms sold within 6
months after enactment of Public
Act | ||||||
19 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
20 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
21 | purchased by any citizen within 6 months after the
enactment of | ||||||
22 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
23 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
24 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
25 | if that firearm was legally held or acquired within 6 months | ||||||
26 | after
the enactment of that Public Act.
|
| |||||||
| |||||||
1 | (C) Sentence.
| ||||||
2 | (1) Any person convicted of unlawful sale or delivery | ||||||
3 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
4 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
5 | (2) Any person convicted of unlawful sale or delivery | ||||||
6 | of firearms in violation of
paragraph (b) or (i) of | ||||||
7 | subsection (A) commits a Class 3 felony.
| ||||||
8 | (3) Any person convicted of unlawful sale or delivery | ||||||
9 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
10 | commits a Class 2 felony.
| ||||||
11 | (4) Any person convicted of unlawful sale or delivery | ||||||
12 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
13 | subsection (A) in any school, on the real
property | ||||||
14 | comprising a school, within 1,000 feet of the real property | ||||||
15 | comprising
a school, at a school related activity, or on or | ||||||
16 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
17 | contracted by a school or school district to
transport | ||||||
18 | students to or from school or a school related activity,
| ||||||
19 | regardless of the time of day or time of year at which the | ||||||
20 | offense
was committed, commits a Class 1 felony. Any person | ||||||
21 | convicted of a second
or subsequent violation of unlawful | ||||||
22 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
23 | (b), or (i) of subsection (A) in any school, on the real | ||||||
24 | property
comprising a school, within 1,000 feet of the real | ||||||
25 | property comprising a
school, at a school related activity, | ||||||
26 | or on or within 1,000 feet of any
conveyance owned, leased, |
| |||||||
| |||||||
1 | or contracted by a school or school district to
transport | ||||||
2 | students to or from school or a school related activity,
| ||||||
3 | regardless of the time of day or time of year at which the | ||||||
4 | offense
was committed, commits a Class 1 felony for which | ||||||
5 | the sentence shall be a
term of imprisonment of no less | ||||||
6 | than 5 years and no more than 15 years.
| ||||||
7 | (5) Any person convicted of unlawful sale or delivery | ||||||
8 | of firearms in violation of
paragraph (a) or (i) of | ||||||
9 | subsection (A) in residential property owned,
operated, or | ||||||
10 | managed by a public housing agency or leased by a public | ||||||
11 | housing
agency as part of a scattered site or mixed-income | ||||||
12 | development, in a public
park, in a
courthouse, on | ||||||
13 | residential property owned, operated, or managed by a | ||||||
14 | public
housing agency or leased by a public housing agency | ||||||
15 | as part of a scattered site
or mixed-income development, on | ||||||
16 | the real property comprising any public park,
on the real
| ||||||
17 | property comprising any courthouse, or on any public way | ||||||
18 | within 1,000 feet
of the real property comprising any | ||||||
19 | public park, courthouse, or residential
property owned, | ||||||
20 | operated, or managed by a public housing agency or leased | ||||||
21 | by a
public housing agency as part of a scattered site or | ||||||
22 | mixed-income development
commits a
Class 2 felony.
| ||||||
23 | (6) Any person convicted of unlawful sale or delivery | ||||||
24 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
25 | commits a Class A misdemeanor. A second or
subsequent | ||||||
26 | violation is a Class 4 felony. |
| |||||||
| |||||||
1 | (7) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
3 | commits a Class 4 felony. A third or subsequent conviction | ||||||
4 | for a violation of paragraph (k) of subsection (A) is a | ||||||
5 | Class 1 felony.
| ||||||
6 | (8) A person 18 years of age or older convicted of | ||||||
7 | unlawful sale or delivery of firearms in violation of | ||||||
8 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
9 | that was sold or given to another person under 18 years of | ||||||
10 | age was used in the commission of or attempt to commit a | ||||||
11 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
12 | to exceed the maximum provided for the most serious | ||||||
13 | forcible felony so committed or attempted by the person | ||||||
14 | under 18 years of age who was sold or given the firearm. | ||||||
15 | (9) Any person convicted of unlawful sale or delivery | ||||||
16 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
17 | commits a Class 3 felony. | ||||||
18 | (10) Any person convicted of unlawful sale or delivery | ||||||
19 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
20 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
21 | Any person convicted of unlawful sale or delivery of | ||||||
22 | firearms in violation of paragraph (l) of subsection (A) | ||||||
23 | commits a Class 1 felony if the delivery is of not less | ||||||
24 | than 2 and not more than 5 firearms at the
same time or | ||||||
25 | within a one year period. Any person convicted of unlawful | ||||||
26 | sale or delivery of firearms in violation of paragraph (l) |
| |||||||
| |||||||
1 | of subsection (A) commits a Class X felony for which he or | ||||||
2 | she shall be sentenced
to a term of imprisonment of not | ||||||
3 | less than 6 years and not more than 30
years if the | ||||||
4 | delivery is of not less than 6 and not more than 10 | ||||||
5 | firearms at the
same time or within a 2 year period. Any | ||||||
6 | person convicted of unlawful sale or delivery of firearms | ||||||
7 | in violation of paragraph (l) of subsection (A) commits a | ||||||
8 | Class X felony for which he or she shall be sentenced
to a | ||||||
9 | term of imprisonment of not less than 6 years and not more | ||||||
10 | than 40
years if the delivery is of not less than 11 and | ||||||
11 | not more than 20 firearms at the
same time or within a 3 | ||||||
12 | year period. Any person convicted of unlawful sale or | ||||||
13 | delivery of firearms in violation of paragraph (l) of | ||||||
14 | subsection (A) commits a Class X felony for which he or she | ||||||
15 | shall be sentenced
to a term of imprisonment of not less | ||||||
16 | than 6 years and not more than 50
years if the delivery is | ||||||
17 | of not less than 21 and not more than 30 firearms at the
| ||||||
18 | same time or within a 4 year period. Any person convicted | ||||||
19 | of unlawful sale or delivery of firearms in violation of | ||||||
20 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
21 | for which he or she shall be sentenced
to a term of | ||||||
22 | imprisonment of not less than 6 years and not more than 60
| ||||||
23 | years if the delivery is of 31 or more firearms at the
same | ||||||
24 | time or within a 5 year period. | ||||||
25 | (D) For purposes of this Section:
| ||||||
26 | "School" means a public or private elementary or secondary |
| |||||||
| |||||||
1 | school,
community college, college, or university.
| ||||||
2 | "School related activity" means any sporting, social, | ||||||
3 | academic, or
other activity for which students' attendance or | ||||||
4 | participation is sponsored,
organized, or funded in whole or in | ||||||
5 | part by a school or school district.
| ||||||
6 | (E) A prosecution for a violation of paragraph (k) of | ||||||
7 | subsection (A) of this Section may be commenced within 6 years | ||||||
8 | after the commission of the offense. A prosecution for a | ||||||
9 | violation of this Section other than paragraph (g) of | ||||||
10 | subsection (A) of this Section may be commenced within 5 years | ||||||
11 | after the commission of the offense defined in the particular | ||||||
12 | paragraph.
| ||||||
13 | (Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, | ||||||
14 | eff. 1-1-12; revised 9-14-11.)
| ||||||
15 | (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
| ||||||
16 | Sec. 24-3.2. Unlawful discharge of firearm projectiles.
| ||||||
17 | (a) A person
commits the offense of unlawful discharge of | ||||||
18 | firearm projectiles when he
or she knowingly
or recklessly uses | ||||||
19 | an armor piercing bullet, dragon's
breath shotgun shell, bolo | ||||||
20 | shell, or flechette
shell
in violation of
this Section.
| ||||||
21 | For purposes of this Section:
| ||||||
22 | "Armor piercing bullet" means
any handgun bullet or handgun | ||||||
23 | ammunition with projectiles or projectile cores
constructed | ||||||
24 | entirely (excluding the presence of traces of other substances)
| ||||||
25 | from tungsten alloys, steel, iron, brass, bronze, beryllium |
| |||||||
| |||||||
1 | copper
or depleted uranium, or fully jacketed bullets larger | ||||||
2 | than 22 caliber whose
jacket
has a weight of more than 25% of | ||||||
3 | the total weight of the projectile, and
excluding those handgun
| ||||||
4 | projectiles whose cores are composed of soft materials such as | ||||||
5 | lead or lead
alloys, zinc or zinc alloys, frangible projectiles | ||||||
6 | designed primarily for
sporting purposes, and any
other | ||||||
7 | projectiles or projectile cores that the U. S. Secretary of the | ||||||
8 | Treasury
finds to be primarily intended to be used for sporting | ||||||
9 | purposes or industrial
purposes or that otherwise does not | ||||||
10 | constitute "armor piercing ammunition" as
that term is defined | ||||||
11 | by federal law.
| ||||||
12 | "Dragon's breath shotgun shell" means any shotgun shell | ||||||
13 | that contains
exothermic pyrophoric mesh metal as the | ||||||
14 | projectile and is designed for the
purpose of throwing or | ||||||
15 | spewing a flame or fireball to simulate a flame-thrower.
| ||||||
16 | "Bolo shell" means any shell that can be fired in a firearm | ||||||
17 | and expels as
projectiles 2 or more metal balls connected by | ||||||
18 | solid metal wire.
| ||||||
19 | "Flechette shell" means any shell that can be fired in a | ||||||
20 | firearm and expels
2 or more pieces of fin-stabilized solid | ||||||
21 | metal wire or 2 or more solid
dart-type
projectiles.
| ||||||
22 | (b) A person commits a Class X felony when he or she, | ||||||
23 | knowing that a
firearm,
as defined in Section 1.1 of the | ||||||
24 | Firearm Owners Identification Card
and Certificate of Handgun | ||||||
25 | Registration Act, is loaded with an armor
piercing bullet, | ||||||
26 | dragon's breath shotgun shell, bolo
shell, or flechette
shell,
|
| |||||||
| |||||||
1 | intentionally or recklessly discharges such firearm and such | ||||||
2 | bullet or
shell strikes
any other person.
| ||||||
3 | (c) Any person who possesses, concealed on or about his or | ||||||
4 | her person,
an armor
piercing bullet, dragon's breath shotgun | ||||||
5 | shell, bolo
shell, or flechette
shell
and a firearm suitable | ||||||
6 | for the discharge thereof is guilty
of a Class 2 felony.
| ||||||
7 | (d) This Section does not apply to or affect any of the | ||||||
8 | following:
| ||||||
9 | (1) Peace officers;
| ||||||
10 | (2) Wardens, superintendents and keepers of prisons, | ||||||
11 | penitentiaries, jails
and other institutions for the | ||||||
12 | detention of persons accused or convicted of an
offense;
| ||||||
13 | (3) Members of the Armed Services or Reserve Forces of | ||||||
14 | the United States
or the Illinois National Guard while in | ||||||
15 | the performance of their official
duties;
| ||||||
16 | (4) Federal officials required to carry firearms, | ||||||
17 | while engaged in the
performance of their official duties;
| ||||||
18 | (5) United States Marshals, while engaged in the | ||||||
19 | performance of their
official duties.
| ||||||
20 | (Source: P.A. 92-423, eff. 1-1-02.)
| ||||||
21 | (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
| ||||||
22 | Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
| ||||||
23 | (a) It shall be unlawful for any person who holds a license | ||||||
24 | to sell at
retail any alcoholic liquor issued by the Illinois | ||||||
25 | Liquor Control
Commission or local liquor control commissioner |
| |||||||
| |||||||
1 | under the Liquor Control Act
of 1934 or an agent or employee of | ||||||
2 | the licensee to sell or deliver to any
other person a firearm | ||||||
3 | in or on the real property of the establishment
where the | ||||||
4 | licensee is licensed to sell alcoholic liquors unless the sale | ||||||
5 | or
delivery of the firearm is otherwise lawful under this | ||||||
6 | Article and under the
Firearm Owners Identification Card and | ||||||
7 | Certificate of Handgun Registration Act.
| ||||||
8 | (b) Sentence. A violation of subsection (a) of this Section | ||||||
9 | is a
Class 4 felony.
| ||||||
10 | (Source: P.A. 87-591.)
| ||||||
11 | (720 ILCS 5/24-3.5)
| ||||||
12 | Sec. 24-3.5. Unlawful purchase of a firearm.
| ||||||
13 | (a) For purposes of this Section,
"firearms transaction | ||||||
14 | record form" means a form:
| ||||||
15 | (1) executed by a transferee
of a firearm stating: (i) | ||||||
16 | the transferee's name and address (including county
or | ||||||
17 | similar political subdivision); (ii) whether the | ||||||
18 | transferee is a citizen of
the United States;
(iii) the | ||||||
19 | transferee's State of residence; and (iv) the date and | ||||||
20 | place of
birth, height, weight, and race of the transferee; | ||||||
21 | and
| ||||||
22 | (2) on which the transferee certifies that he or she is | ||||||
23 | not
prohibited by federal law from transporting or shipping | ||||||
24 | a firearm
in interstate or foreign commerce or receiving a | ||||||
25 | firearm that has been shipped
or transported in interstate |
| |||||||
| |||||||
1 | or foreign commerce or possessing a firearm in or
affecting | ||||||
2 | commerce.
| ||||||
3 | (b) A person commits the offense of unlawful purchase of a | ||||||
4 | firearm who
knowingly purchases or attempts to purchase a
| ||||||
5 | firearm with the intent to deliver that firearm to another | ||||||
6 | person who
is prohibited by federal or State law from | ||||||
7 | possessing a firearm.
| ||||||
8 | (c) A person commits the offense of unlawful purchase of a | ||||||
9 | firearm when he
or she, in purchasing or attempting to purchase | ||||||
10 | a firearm, intentionally
provides false or
misleading | ||||||
11 | information on a United States Department of the Treasury, | ||||||
12 | Bureau of
Alcohol, Tobacco and Firearms firearms transaction | ||||||
13 | record form.
| ||||||
14 | (d) Exemption. It is not a violation of subsection (b) of | ||||||
15 | this Section for a
person to make a gift or loan of a firearm to | ||||||
16 | a
person who is not
prohibited by federal or State law from | ||||||
17 | possessing a firearm
if the transfer of the firearm
is made in | ||||||
18 | accordance with Section 3 of the Firearm Owners Identification | ||||||
19 | Card
and Certificate of Handgun Registration Act.
| ||||||
20 | (e) Sentence.
| ||||||
21 | (1) A person who commits the offense of unlawful | ||||||
22 | purchase of a
firearm:
| ||||||
23 | (A) is guilty of a Class 2 felony for purchasing or | ||||||
24 | attempting to
purchase one firearm;
| ||||||
25 | (B) is guilty of a Class 1 felony for purchasing or | ||||||
26 | attempting to
purchase not less than 2
firearms and not |
| |||||||
| |||||||
1 | more than 5 firearms at the same time or within a one
| ||||||
2 | year period;
| ||||||
3 | (C) is guilty of a Class X felony for which the | ||||||
4 | offender shall be sentenced to a term of imprisonment | ||||||
5 | of not less than 9 years and not more than 40 years for | ||||||
6 | purchasing or attempting to
purchase not less than 6
| ||||||
7 | firearms at the same time or within a 2
year period.
| ||||||
8 | (2) In addition to any other penalty that may be | ||||||
9 | imposed for a violation
of this Section, the court may | ||||||
10 | sentence a person convicted of a violation of
subsection | ||||||
11 | (c) of this Section to a fine not to exceed $250,000 for | ||||||
12 | each
violation.
| ||||||
13 | (f) A prosecution for unlawful purchase of a firearm may be | ||||||
14 | commenced within 6 years after the commission of the offense.
| ||||||
15 | (Source: P.A. 95-882, eff. 1-1-09.)
| ||||||
16 | (720 ILCS 5/24-9)
| ||||||
17 | Sec. 24-9. Firearms; Child Protection.
| ||||||
18 | (a) Except as provided in
subsection (c), it is unlawful
| ||||||
19 | for any person to
store or leave, within premises under his or | ||||||
20 | her control, a firearm if
the
person knows or has reason to | ||||||
21 | believe that a minor under the age of 14
years who does not | ||||||
22 | have a Firearm Owners Identification Card is likely to gain
| ||||||
23 | access to the firearm without the lawful permission
of the | ||||||
24 | minor's parent, guardian, or person having charge of the minor, | ||||||
25 | and
the minor causes death or great bodily harm with the |
| |||||||
| |||||||
1 | firearm, unless
the firearm is:
| ||||||
2 | (1) secured by a device or mechanism, other than the | ||||||
3 | firearm safety,
designed to render a firearm temporarily | ||||||
4 | inoperable; or
| ||||||
5 | (2) placed in a securely locked box or container; or
| ||||||
6 | (3) placed in some other location that a reasonable | ||||||
7 | person would
believe to be secure from a minor under the | ||||||
8 | age of 14 years.
| ||||||
9 | (b) Sentence. A person who violates this Section is guilty | ||||||
10 | of a Class C
misdemeanor and shall be fined not less than | ||||||
11 | $1,000. A second or subsequent
violation of this Section is a | ||||||
12 | Class A misdemeanor.
| ||||||
13 | (c) Subsection (a) does not apply:
| ||||||
14 | (1) if the minor under 14 years of age gains access to | ||||||
15 | a
firearm and uses it in a lawful act of self-defense or | ||||||
16 | defense of another; or
| ||||||
17 | (2) to any firearm obtained by a minor under the age of | ||||||
18 | 14 because of
an unlawful entry of the premises by the | ||||||
19 | minor or another person.
| ||||||
20 | (d) For the purposes of this Section, "firearm" has the | ||||||
21 | meaning ascribed
to it in Section 1.1 of the Firearm Owners | ||||||
22 | Identification Card and Certificate of Handgun Registration | ||||||
23 | Act.
| ||||||
24 | (Source: P.A. 91-18, eff. 1-1-00.)
| ||||||
25 | Section 45. The Methamphetamine Control and Community |
| |||||||
| |||||||
1 | Protection Act is amended by changing Section 10 as follows:
| ||||||
2 | (720 ILCS 646/10)
| ||||||
3 | Sec. 10. Definitions. As used in this Act: | ||||||
4 | "Anhydrous ammonia" has the meaning provided in subsection | ||||||
5 | (d) of Section 3 of the Illinois Fertilizer Act of 1961.
| ||||||
6 | "Anhydrous ammonia equipment" means all items used to | ||||||
7 | store, hold, contain, handle, transfer, transport, or apply | ||||||
8 | anhydrous ammonia for lawful purposes.
| ||||||
9 | "Booby trap" means any device designed to cause physical | ||||||
10 | injury when triggered by an act of a person approaching, | ||||||
11 | entering, or moving through a structure, a vehicle, or any | ||||||
12 | location where methamphetamine has been manufactured, is being | ||||||
13 | manufactured, or is intended to be manufactured.
| ||||||
14 | "Deliver" or "delivery" has the meaning provided in | ||||||
15 | subsection (h) of Section 102 of the Illinois Controlled | ||||||
16 | Substances Act.
| ||||||
17 | "Director" means the Director of State Police or the | ||||||
18 | Director's designated agents.
| ||||||
19 | "Dispose" or "disposal" means to abandon, discharge, | ||||||
20 | release, deposit, inject, dump, spill, leak, or place | ||||||
21 | methamphetamine waste onto or into any land, water, or well of | ||||||
22 | any type so that the waste has the potential to enter the | ||||||
23 | environment, be emitted into the air, or be discharged into the | ||||||
24 | soil or any waters, including groundwater.
| ||||||
25 | "Emergency response" means the act of collecting evidence |
| |||||||
| |||||||
1 | from or securing a methamphetamine laboratory site, | ||||||
2 | methamphetamine waste site or other methamphetamine-related | ||||||
3 | site and cleaning up the site, whether these actions are | ||||||
4 | performed by public entities or private contractors paid by | ||||||
5 | public entities.
| ||||||
6 | "Emergency service provider" means a local, State, or | ||||||
7 | federal peace officer, firefighter, emergency medical | ||||||
8 | technician-ambulance, emergency
medical | ||||||
9 | technician-intermediate, emergency medical | ||||||
10 | technician-paramedic, ambulance driver, or other medical or | ||||||
11 | first aid personnel rendering aid, or any agent or designee of | ||||||
12 | the foregoing.
| ||||||
13 | "Finished methamphetamine" means methamphetamine in a form | ||||||
14 | commonly used for personal consumption. | ||||||
15 | "Firearm" has the meaning provided in Section 1.1 of the | ||||||
16 | Firearm Owners Identification Card and Certificate of Handgun | ||||||
17 | Registration Act.
| ||||||
18 | "Manufacture" means to produce, prepare, compound, | ||||||
19 | convert, process, synthesize, concentrate, purify, separate, | ||||||
20 | extract, or package any methamphetamine, methamphetamine | ||||||
21 | precursor, methamphetamine manufacturing catalyst, | ||||||
22 | methamphetamine manufacturing reagent, methamphetamine | ||||||
23 | manufacturing solvent, or any substance containing any of the | ||||||
24 | foregoing.
| ||||||
25 | "Methamphetamine" means the chemical methamphetamine (a | ||||||
26 | Schedule II controlled substance under the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act) or any salt, optical isomer, salt of optical | ||||||
2 | isomer, or analog thereof, with the exception of | ||||||
3 | 3,4-Methylenedioxymethamphetamine (MDMA) or any other | ||||||
4 | scheduled substance with a separate listing under the Illinois | ||||||
5 | Controlled Substances Act. | ||||||
6 | "Methamphetamine manufacturing catalyst" means any | ||||||
7 | substance that has been used, is being used, or is intended to | ||||||
8 | be used to activate, accelerate, extend, or improve a chemical | ||||||
9 | reaction involved in the manufacture of methamphetamine.
| ||||||
10 | "Methamphetamine manufacturing environment" means a | ||||||
11 | structure or vehicle in which:
| ||||||
12 | (1) methamphetamine is being or has been manufactured;
| ||||||
13 | (2) chemicals that are being used, have been used, or | ||||||
14 | are intended to be used to manufacture methamphetamine are | ||||||
15 | stored;
| ||||||
16 | (3) methamphetamine manufacturing materials that have | ||||||
17 | been used to manufacture methamphetamine are stored; or
| ||||||
18 | (4) methamphetamine manufacturing waste is stored.
| ||||||
19 | "Methamphetamine manufacturing material" means any | ||||||
20 | methamphetamine precursor, substance containing any | ||||||
21 | methamphetamine precursor, methamphetamine manufacturing | ||||||
22 | catalyst, substance containing any methamphetamine | ||||||
23 | manufacturing catalyst, methamphetamine manufacturing reagent, | ||||||
24 | substance containing any methamphetamine manufacturing | ||||||
25 | reagent, methamphetamine manufacturing solvent, substance | ||||||
26 | containing any methamphetamine manufacturing solvent, or any |
| |||||||
| |||||||
1 | other chemical, substance, ingredient, equipment, apparatus, | ||||||
2 | or item that is being used, has been used, or is intended to be | ||||||
3 | used in the manufacture of methamphetamine.
| ||||||
4 | "Methamphetamine manufacturing reagent" means any | ||||||
5 | substance other than a methamphetamine manufacturing catalyst | ||||||
6 | that has been used, is being used, or is intended to be used to | ||||||
7 | react with and chemically alter any methamphetamine precursor. | ||||||
8 | "Methamphetamine manufacturing solvent" means any | ||||||
9 | substance that has been used, is being used, or is intended to | ||||||
10 | be used as a medium in which any methamphetamine precursor, | ||||||
11 | methamphetamine manufacturing catalyst, methamphetamine | ||||||
12 | manufacturing reagent, or any substance containing any of the | ||||||
13 | foregoing is dissolved, diluted, or washed during any part of | ||||||
14 | the methamphetamine manufacturing process.
| ||||||
15 | "Methamphetamine manufacturing waste" means any chemical, | ||||||
16 | substance, ingredient, equipment, apparatus, or item that is | ||||||
17 | left over from, results from, or is produced by the process of | ||||||
18 | manufacturing methamphetamine, other than finished | ||||||
19 | methamphetamine.
| ||||||
20 | "Methamphetamine precursor" means ephedrine, | ||||||
21 | pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, | ||||||
22 | phenylacetone, phenyl-2-propanone, P2P, or any salt, optical | ||||||
23 | isomer, or salt of an optical isomer of any of these chemicals.
| ||||||
24 | "Multi-unit dwelling" means a unified structure used or | ||||||
25 | intended for use as a habitation, home, or residence that | ||||||
26 | contains 2 or more condominiums, apartments, hotel rooms, motel |
| |||||||
| |||||||
1 | rooms, or other living units.
| ||||||
2 | "Package" means an item marked for retail sale that is not | ||||||
3 | designed to be further broken down or subdivided for the | ||||||
4 | purpose of retail sale.
| ||||||
5 | "Participate" or "participation" in the manufacture of | ||||||
6 | methamphetamine means to produce, prepare, compound, convert, | ||||||
7 | process, synthesize, concentrate, purify, separate, extract, | ||||||
8 | or package any methamphetamine, methamphetamine precursor, | ||||||
9 | methamphetamine manufacturing catalyst, methamphetamine | ||||||
10 | manufacturing reagent, methamphetamine manufacturing solvent, | ||||||
11 | or any substance containing any of the foregoing, or to assist | ||||||
12 | in any of these actions, or to attempt to take any of these | ||||||
13 | actions, regardless of whether this action or these actions | ||||||
14 | result in the production of finished methamphetamine.
| ||||||
15 | "Person with a disability" means a person who suffers from | ||||||
16 | a permanent physical or mental impairment resulting from | ||||||
17 | disease, injury, functional disorder, or congenital condition | ||||||
18 | which renders the person incapable of adequately providing for | ||||||
19 | his or her own health and personal care.
| ||||||
20 | "Procure" means to purchase, steal, gather, or otherwise | ||||||
21 | obtain, by legal or illegal means, or to cause another to take | ||||||
22 | such action.
| ||||||
23 | "Second or subsequent offense" means an offense under this | ||||||
24 | Act committed by an offender who previously committed an | ||||||
25 | offense under this Act, the Illinois Controlled Substances Act, | ||||||
26 | the Cannabis Control Act, or another Act of this State, another |
| |||||||
| |||||||
1 | state, or the United States relating to methamphetamine, | ||||||
2 | cannabis, or any other controlled substance.
| ||||||
3 | "Standard dosage form", as used in relation to any | ||||||
4 | methamphetamine precursor, means that the methamphetamine | ||||||
5 | precursor is contained in a pill, tablet, capsule, caplet, gel | ||||||
6 | cap, or liquid cap that has been manufactured by a lawful | ||||||
7 | entity and contains a standard quantity of methamphetamine | ||||||
8 | precursor.
| ||||||
9 | "Unauthorized container", as used in relation to anhydrous | ||||||
10 | ammonia, means any container that is not designed for the | ||||||
11 | specific and sole purpose of holding, storing, transporting, or | ||||||
12 | applying anhydrous ammonia. "Unauthorized container" includes, | ||||||
13 | but is not limited to, any propane tank, fire extinguisher, | ||||||
14 | oxygen cylinder, gasoline can, food or beverage cooler, or | ||||||
15 | compressed gas cylinder used in dispensing fountain drinks. | ||||||
16 | "Unauthorized container" does not encompass anhydrous ammonia | ||||||
17 | manufacturing plants, refrigeration systems
where anhydrous | ||||||
18 | ammonia is used solely as a refrigerant, anhydrous ammonia | ||||||
19 | transportation pipelines, anhydrous ammonia tankers, or | ||||||
20 | anhydrous ammonia barges.
| ||||||
21 | (Source: P.A. 97-434, eff. 1-1-12.)
| ||||||
22 | Section 50. The Unified Code of Corrections is amended by | ||||||
23 | changing Sections 5-5-3 and 5-5-3.2 as follows:
| ||||||
24 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
|
| |||||||
| |||||||
1 | Sec. 5-5-3. Disposition.
| ||||||
2 | (a) (Blank).
| ||||||
3 | (b) (Blank).
| ||||||
4 | (c) (1) (Blank).
| ||||||
5 | (2) A period of probation, a term of periodic | ||||||
6 | imprisonment or
conditional discharge shall not be imposed | ||||||
7 | for the following offenses.
The court shall sentence the | ||||||
8 | offender to not less than the minimum term
of imprisonment | ||||||
9 | set forth in this Code for the following offenses, and
may | ||||||
10 | order a fine or restitution or both in conjunction with | ||||||
11 | such term of
imprisonment:
| ||||||
12 | (A) First degree murder where the death penalty is | ||||||
13 | not imposed.
| ||||||
14 | (B) Attempted first degree murder.
| ||||||
15 | (C) A Class X felony.
| ||||||
16 | (D) A violation of Section 401.1 or 407 of the
| ||||||
17 | Illinois Controlled Substances Act, or a violation of | ||||||
18 | subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | ||||||
19 | of that Act which relates to more than 5 grams of a | ||||||
20 | substance
containing heroin, cocaine, fentanyl, or an | ||||||
21 | analog thereof.
| ||||||
22 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
23 | Control
Act.
| ||||||
24 | (F) A Class 2 or greater felony if the offender had | ||||||
25 | been convicted
of a Class 2 or greater felony, | ||||||
26 | including any state or federal conviction for an |
| |||||||
| |||||||
1 | offense that contained, at the time it was committed, | ||||||
2 | the same elements as an offense now (the date of the | ||||||
3 | offense committed after the prior Class 2 or greater | ||||||
4 | felony) classified as a Class 2 or greater felony, | ||||||
5 | within 10 years of the date on which the
offender
| ||||||
6 | committed the offense for which he or she is being | ||||||
7 | sentenced, except as
otherwise provided in Section | ||||||
8 | 40-10 of the Alcoholism and Other Drug Abuse and
| ||||||
9 | Dependency Act.
| ||||||
10 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
11 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
12 | imprisonment is prescribed in those Sections.
| ||||||
13 | (G) Residential burglary, except as otherwise | ||||||
14 | provided in Section 40-10
of the Alcoholism and Other | ||||||
15 | Drug Abuse and Dependency Act.
| ||||||
16 | (H) Criminal sexual assault.
| ||||||
17 | (I) Aggravated battery of a senior citizen as | ||||||
18 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
19 | Section 12-3.05.
| ||||||
20 | (J) A forcible felony if the offense was related to | ||||||
21 | the activities of an
organized gang.
| ||||||
22 | Before July 1, 1994, for the purposes of this | ||||||
23 | paragraph, "organized
gang" means an association of 5 | ||||||
24 | or more persons, with an established hierarchy,
that | ||||||
25 | encourages members of the association to perpetrate | ||||||
26 | crimes or provides
support to the members of the |
| |||||||
| |||||||
1 | association who do commit crimes.
| ||||||
2 | Beginning July 1, 1994, for the purposes of this | ||||||
3 | paragraph,
"organized gang" has the meaning ascribed | ||||||
4 | to it in Section 10 of the Illinois
Streetgang | ||||||
5 | Terrorism Omnibus Prevention Act.
| ||||||
6 | (K) Vehicular hijacking.
| ||||||
7 | (L) A second or subsequent conviction for the | ||||||
8 | offense of hate crime
when the underlying offense upon | ||||||
9 | which the hate crime is based is felony
aggravated
| ||||||
10 | assault or felony mob action.
| ||||||
11 | (M) A second or subsequent conviction for the | ||||||
12 | offense of institutional
vandalism if the damage to the | ||||||
13 | property exceeds $300.
| ||||||
14 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
15 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
16 | Identification Card and Certificate of Handgun | ||||||
17 | Registration Act.
| ||||||
18 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
19 | Criminal Code of 1961.
| ||||||
20 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
21 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
22 | Criminal Code of 1961.
| ||||||
23 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
24 | Criminal Code of
1961.
| ||||||
25 | (R) A violation of Section 24-3A of the Criminal | ||||||
26 | Code of
1961.
|
| |||||||
| |||||||
1 | (S) (Blank).
| ||||||
2 | (T) A second or subsequent violation of the | ||||||
3 | Methamphetamine Control and Community Protection Act.
| ||||||
4 | (U) A second or subsequent violation of Section | ||||||
5 | 6-303 of the Illinois Vehicle Code committed while his | ||||||
6 | or her driver's license, permit, or privilege was | ||||||
7 | revoked because of a violation of Section 9-3 of the | ||||||
8 | Criminal Code of 1961, relating to the offense of | ||||||
9 | reckless homicide, or a similar provision of a law of | ||||||
10 | another state.
| ||||||
11 | (V)
A violation of paragraph (4) of subsection (c) | ||||||
12 | of Section 11-20.1B or paragraph (4) of subsection (c) | ||||||
13 | of Section 11-20.3 of the Criminal Code of 1961. | ||||||
14 | (W) A violation of Section 24-3.5 of the Criminal | ||||||
15 | Code of 1961.
| ||||||
16 | (X) A violation of subsection (a) of Section 31-1a | ||||||
17 | of the Criminal Code of 1961. | ||||||
18 | (Y) A conviction for unlawful possession of a | ||||||
19 | firearm by a street gang member when the firearm was | ||||||
20 | loaded or contained firearm ammunition. | ||||||
21 | (Z) A Class 1 felony committed while he or she was | ||||||
22 | serving a term of probation or conditional discharge | ||||||
23 | for a felony. | ||||||
24 | (AA) Theft of property exceeding $500,000 and not | ||||||
25 | exceeding $1,000,000 in value. | ||||||
26 | (BB) Laundering of criminally derived property of |
| |||||||
| |||||||
1 | a value exceeding
$500,000. | ||||||
2 | (CC) Knowingly selling, offering for sale, holding | ||||||
3 | for sale, or using 2,000 or more counterfeit items or | ||||||
4 | counterfeit items having a retail value in the | ||||||
5 | aggregate of $500,000 or more. | ||||||
6 | (DD) A conviction for aggravated assault under | ||||||
7 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
8 | Criminal Code of 1961 if the firearm is aimed toward | ||||||
9 | the person against whom the firearm is being used.
| ||||||
10 | (3) (Blank).
| ||||||
11 | (4) A minimum term of imprisonment of not less than 10
| ||||||
12 | consecutive days or 30 days of community service shall be | ||||||
13 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
14 | of the Illinois Vehicle Code.
| ||||||
15 | (4.1) (Blank).
| ||||||
16 | (4.2) Except as provided in paragraphs (4.3) and (4.8) | ||||||
17 | of this subsection (c), a
minimum of
100 hours of community | ||||||
18 | service shall be imposed for a second violation of
Section | ||||||
19 | 6-303
of the Illinois Vehicle Code.
| ||||||
20 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
21 | hours of community
service, as determined by the court, | ||||||
22 | shall
be imposed for a second violation of subsection (c) | ||||||
23 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
24 | (4.4) Except as provided in paragraphs
(4.5), (4.6), | ||||||
25 | and (4.9) of this
subsection (c), a
minimum term of | ||||||
26 | imprisonment of 30 days or 300 hours of community service, |
| |||||||
| |||||||
1 | as
determined by the court, shall
be imposed
for a third or | ||||||
2 | subsequent violation of Section 6-303 of the Illinois | ||||||
3 | Vehicle
Code.
| ||||||
4 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
5 | be imposed for a third violation of subsection (c) of
| ||||||
6 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
7 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
8 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
9 | shall be imposed for a
fourth or subsequent violation of | ||||||
10 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
11 | Code.
| ||||||
12 | (4.7) A minimum term of imprisonment of not less than | ||||||
13 | 30 consecutive days, or 300 hours of community service, | ||||||
14 | shall be imposed for a violation of subsection (a-5) of | ||||||
15 | Section 6-303 of the Illinois Vehicle Code, as provided in | ||||||
16 | subsection (b-5) of that Section.
| ||||||
17 | (4.8) A mandatory prison sentence shall be imposed for | ||||||
18 | a second violation of subsection (a-5) of Section 6-303 of | ||||||
19 | the Illinois Vehicle Code, as provided in subsection (c-5) | ||||||
20 | of that Section. The person's driving privileges shall be | ||||||
21 | revoked for a period of not less than 5 years from the date | ||||||
22 | of his or her release from prison.
| ||||||
23 | (4.9) A mandatory prison sentence of not less than 4 | ||||||
24 | and not more than 15 years shall be imposed for a third | ||||||
25 | violation of subsection (a-5) of Section 6-303 of the | ||||||
26 | Illinois Vehicle Code, as provided in subsection (d-2.5) of |
| |||||||
| |||||||
1 | that Section. The person's driving privileges shall be | ||||||
2 | revoked for the remainder of his or her life.
| ||||||
3 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
4 | shall be imposed, and the person shall be eligible for an | ||||||
5 | extended term sentence, for a fourth or subsequent | ||||||
6 | violation of subsection (a-5) of Section 6-303 of the | ||||||
7 | Illinois Vehicle Code, as provided in subsection (d-3.5) of | ||||||
8 | that Section. The person's driving privileges shall be | ||||||
9 | revoked for the remainder of his or her life.
| ||||||
10 | (5) The court may sentence a corporation or | ||||||
11 | unincorporated
association convicted of any offense to:
| ||||||
12 | (A) a period of conditional discharge;
| ||||||
13 | (B) a fine;
| ||||||
14 | (C) make restitution to the victim under Section | ||||||
15 | 5-5-6 of this Code.
| ||||||
16 | (5.1) In addition to any other penalties imposed, and | ||||||
17 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
18 | convicted of violating subsection (c) of Section 11-907 of | ||||||
19 | the Illinois
Vehicle Code shall have his or her driver's | ||||||
20 | license, permit, or privileges
suspended for at least 90 | ||||||
21 | days but not more than one year, if the violation
resulted | ||||||
22 | in damage to the property of another person.
| ||||||
23 | (5.2) In addition to any other penalties imposed, and | ||||||
24 | except as provided in paragraph (5.3), a person convicted
| ||||||
25 | of violating subsection (c) of Section 11-907 of the | ||||||
26 | Illinois Vehicle Code
shall have his or her driver's |
| |||||||
| |||||||
1 | license, permit, or privileges suspended for at
least 180 | ||||||
2 | days but not more than 2 years, if the violation resulted | ||||||
3 | in injury
to
another person.
| ||||||
4 | (5.3) In addition to any other penalties imposed, a | ||||||
5 | person convicted of violating subsection (c) of Section
| ||||||
6 | 11-907 of the Illinois Vehicle Code shall have his or her | ||||||
7 | driver's license,
permit, or privileges suspended for 2 | ||||||
8 | years, if the violation resulted in the
death of another | ||||||
9 | person.
| ||||||
10 | (5.4) In addition to any other penalties imposed, a | ||||||
11 | person convicted of violating Section 3-707 of the Illinois | ||||||
12 | Vehicle Code shall have his or her driver's license, | ||||||
13 | permit, or privileges suspended for 3 months and until he | ||||||
14 | or she has paid a reinstatement fee of $100. | ||||||
15 | (5.5) In addition to any other penalties imposed, a | ||||||
16 | person convicted of violating Section 3-707 of the Illinois | ||||||
17 | Vehicle Code during a period in which his or her driver's | ||||||
18 | license, permit, or privileges were suspended for a | ||||||
19 | previous violation of that Section shall have his or her | ||||||
20 | driver's license, permit, or privileges suspended for an | ||||||
21 | additional 6 months after the expiration of the original | ||||||
22 | 3-month suspension and until he or she has paid a | ||||||
23 | reinstatement fee of $100.
| ||||||
24 | (6) (Blank).
| ||||||
25 | (7) (Blank).
| ||||||
26 | (8) (Blank).
|
| |||||||
| |||||||
1 | (9) A defendant convicted of a second or subsequent | ||||||
2 | offense of ritualized
abuse of a child may be sentenced to | ||||||
3 | a term of natural life imprisonment.
| ||||||
4 | (10) (Blank).
| ||||||
5 | (11) The court shall impose a minimum fine of $1,000 | ||||||
6 | for a first offense
and $2,000 for a second or subsequent | ||||||
7 | offense upon a person convicted of or
placed on supervision | ||||||
8 | for battery when the individual harmed was a sports
| ||||||
9 | official or coach at any level of competition and the act | ||||||
10 | causing harm to the
sports
official or coach occurred | ||||||
11 | within an athletic facility or within the immediate | ||||||
12 | vicinity
of the athletic facility at which the sports | ||||||
13 | official or coach was an active
participant
of the athletic | ||||||
14 | contest held at the athletic facility. For the purposes of
| ||||||
15 | this paragraph (11), "sports official" means a person at an | ||||||
16 | athletic contest
who enforces the rules of the contest, | ||||||
17 | such as an umpire or referee; "athletic facility" means an | ||||||
18 | indoor or outdoor playing field or recreational area where | ||||||
19 | sports activities are conducted;
and "coach" means a person | ||||||
20 | recognized as a coach by the sanctioning
authority that | ||||||
21 | conducted the sporting event. | ||||||
22 | (12) A person may not receive a disposition of court | ||||||
23 | supervision for a
violation of Section 5-16 of the Boat | ||||||
24 | Registration and Safety Act if that
person has previously | ||||||
25 | received a disposition of court supervision for a
violation | ||||||
26 | of that Section.
|
| |||||||
| |||||||
1 | (13) A person convicted of or placed on court | ||||||
2 | supervision for an assault or aggravated assault when the | ||||||
3 | victim and the offender are family or household members as | ||||||
4 | defined in Section 103 of the Illinois Domestic Violence | ||||||
5 | Act of 1986 or convicted of domestic battery or aggravated | ||||||
6 | domestic battery may be required to attend a Partner Abuse | ||||||
7 | Intervention Program under protocols set forth by the | ||||||
8 | Illinois Department of Human Services under such terms and | ||||||
9 | conditions imposed by the court. The costs of such classes | ||||||
10 | shall be paid by the offender.
| ||||||
11 | (d) In any case in which a sentence originally imposed is | ||||||
12 | vacated,
the case shall be remanded to the trial court. The | ||||||
13 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
14 | Unified Code of Corrections
which may include evidence of the | ||||||
15 | defendant's life, moral character and
occupation during the | ||||||
16 | time since the original sentence was passed. The
trial court | ||||||
17 | shall then impose sentence upon the defendant. The trial
court | ||||||
18 | may impose any sentence which could have been imposed at the
| ||||||
19 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
20 | Corrections.
If a sentence is vacated on appeal or on | ||||||
21 | collateral attack due to the
failure of the trier of fact at | ||||||
22 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
23 | fact (other than a prior conviction) necessary to increase the
| ||||||
24 | punishment for the offense beyond the statutory maximum | ||||||
25 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
26 | to a term within the range otherwise
provided or, if the State |
| |||||||
| |||||||
1 | files notice of its intention to again seek the
extended | ||||||
2 | sentence, the defendant shall be afforded a new trial.
| ||||||
3 | (e) In cases where prosecution for
aggravated criminal | ||||||
4 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
5 | Code of 1961 results in conviction of a defendant
who was a | ||||||
6 | family member of the victim at the time of the commission of | ||||||
7 | the
offense, the court shall consider the safety and welfare of | ||||||
8 | the victim and
may impose a sentence of probation only where:
| ||||||
9 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
10 | (A) the defendant is willing to undergo a court | ||||||
11 | approved counseling
program for a minimum duration of 2 | ||||||
12 | years; or
| ||||||
13 | (B) the defendant is willing to participate in a | ||||||
14 | court approved plan
including but not limited to the | ||||||
15 | defendant's:
| ||||||
16 | (i) removal from the household;
| ||||||
17 | (ii) restricted contact with the victim;
| ||||||
18 | (iii) continued financial support of the | ||||||
19 | family;
| ||||||
20 | (iv) restitution for harm done to the victim; | ||||||
21 | and
| ||||||
22 | (v) compliance with any other measures that | ||||||
23 | the court may
deem appropriate; and
| ||||||
24 | (2) the court orders the defendant to pay for the | ||||||
25 | victim's counseling
services, to the extent that the court | ||||||
26 | finds, after considering the
defendant's income and |
| |||||||
| |||||||
1 | assets, that the defendant is financially capable of
paying | ||||||
2 | for such services, if the victim was under 18 years of age | ||||||
3 | at the
time the offense was committed and requires | ||||||
4 | counseling as a result of the
offense.
| ||||||
5 | Probation may be revoked or modified pursuant to Section | ||||||
6 | 5-6-4; except
where the court determines at the hearing that | ||||||
7 | the defendant violated a
condition of his or her probation | ||||||
8 | restricting contact with the victim or
other family members or | ||||||
9 | commits another offense with the victim or other
family | ||||||
10 | members, the court shall revoke the defendant's probation and
| ||||||
11 | impose a term of imprisonment.
| ||||||
12 | For the purposes of this Section, "family member" and | ||||||
13 | "victim" shall have
the meanings ascribed to them in Section | ||||||
14 | 11-0.1 of the Criminal Code of
1961.
| ||||||
15 | (f) (Blank).
| ||||||
16 | (g) Whenever a defendant is convicted of an offense under | ||||||
17 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
18 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
19 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
20 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
21 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961,
the | ||||||
22 | defendant shall undergo medical testing to
determine whether | ||||||
23 | the defendant has any sexually transmissible disease,
| ||||||
24 | including a test for infection with human immunodeficiency | ||||||
25 | virus (HIV) or
any other identified causative agent of acquired | ||||||
26 | immunodeficiency syndrome
(AIDS). Any such medical test shall |
| |||||||
| |||||||
1 | be performed only by appropriately
licensed medical | ||||||
2 | practitioners and may include an analysis of any bodily
fluids | ||||||
3 | as well as an examination of the defendant's person.
Except as | ||||||
4 | otherwise provided by law, the results of such test shall be | ||||||
5 | kept
strictly confidential by all medical personnel involved in | ||||||
6 | the testing and must
be personally delivered in a sealed | ||||||
7 | envelope to the judge of the court in which
the conviction was | ||||||
8 | entered for the judge's inspection in camera. Acting in
| ||||||
9 | accordance with the best interests of the victim and the | ||||||
10 | public, the judge
shall have the discretion to determine to | ||||||
11 | whom, if anyone, the results of the
testing may be revealed. | ||||||
12 | The court shall notify the defendant
of the test results. The | ||||||
13 | court shall
also notify the victim if requested by the victim, | ||||||
14 | and if the victim is under
the age of 15 and if requested by the | ||||||
15 | victim's parents or legal guardian, the
court shall notify the | ||||||
16 | victim's parents or legal guardian of the test
results.
The | ||||||
17 | court shall provide information on the availability of HIV | ||||||
18 | testing
and counseling at Department of Public Health | ||||||
19 | facilities to all parties to
whom the results of the testing | ||||||
20 | are revealed and shall direct the State's
Attorney to provide | ||||||
21 | the information to the victim when possible.
A State's Attorney | ||||||
22 | may petition the court to obtain the results of any HIV test
| ||||||
23 | administered under this Section, and the court shall grant the | ||||||
24 | disclosure if
the State's Attorney shows it is relevant in | ||||||
25 | order to prosecute a charge of
criminal transmission of HIV | ||||||
26 | under Section 12-5.01 or 12-16.2 of the Criminal Code of 1961
|
| |||||||
| |||||||
1 | against the defendant. The court shall order that the cost of | ||||||
2 | any such test
shall be paid by the county and may be taxed as | ||||||
3 | costs against the convicted
defendant.
| ||||||
4 | (g-5) When an inmate is tested for an airborne communicable | ||||||
5 | disease, as
determined by the Illinois Department of Public | ||||||
6 | Health including but not
limited to tuberculosis, the results | ||||||
7 | of the test shall be
personally delivered by the warden or his | ||||||
8 | or her designee in a sealed envelope
to the judge of the court | ||||||
9 | in which the inmate must appear for the judge's
inspection in | ||||||
10 | camera if requested by the judge. Acting in accordance with the
| ||||||
11 | best interests of those in the courtroom, the judge shall have | ||||||
12 | the discretion
to determine what if any precautions need to be | ||||||
13 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
14 | (h) Whenever a defendant is convicted of an offense under | ||||||
15 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
16 | defendant shall undergo
medical testing to determine whether | ||||||
17 | the defendant has been exposed to human
immunodeficiency virus | ||||||
18 | (HIV) or any other identified causative agent of
acquired | ||||||
19 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
20 | by
law, the results of such test shall be kept strictly | ||||||
21 | confidential by all
medical personnel involved in the testing | ||||||
22 | and must be personally delivered in a
sealed envelope to the | ||||||
23 | judge of the court in which the conviction was entered
for the | ||||||
24 | judge's inspection in camera. Acting in accordance with the | ||||||
25 | best
interests of the public, the judge shall have the | ||||||
26 | discretion to determine to
whom, if anyone, the results of the |
| |||||||
| |||||||
1 | testing may be revealed. The court shall
notify the defendant | ||||||
2 | of a positive test showing an infection with the human
| ||||||
3 | immunodeficiency virus (HIV). The court shall provide | ||||||
4 | information on the
availability of HIV testing and counseling | ||||||
5 | at Department of Public Health
facilities to all parties to | ||||||
6 | whom the results of the testing are revealed and
shall direct | ||||||
7 | the State's Attorney to provide the information to the victim | ||||||
8 | when
possible. A State's Attorney may petition the court to | ||||||
9 | obtain the results of
any HIV test administered under this | ||||||
10 | Section, and the court shall grant the
disclosure if the | ||||||
11 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
12 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
13 | 12-16.2 of the Criminal
Code of 1961 against the defendant. The | ||||||
14 | court shall order that the cost of any
such test shall be paid | ||||||
15 | by the county and may be taxed as costs against the
convicted | ||||||
16 | defendant.
| ||||||
17 | (i) All fines and penalties imposed under this Section for | ||||||
18 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
19 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
20 | any violation
of the Child Passenger Protection Act, or a | ||||||
21 | similar provision of a local
ordinance, shall be collected and | ||||||
22 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
23 | of the Clerks of Courts Act.
| ||||||
24 | (j) In cases when prosecution for any violation of Section | ||||||
25 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
26 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
| |||||||
| |||||||
1 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
2 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
3 | 12-15, or
12-16 of the
Criminal Code of 1961, any violation of | ||||||
4 | the Illinois Controlled Substances Act,
any violation of the | ||||||
5 | Cannabis Control Act, or any violation of the Methamphetamine | ||||||
6 | Control and Community Protection Act results in conviction, a
| ||||||
7 | disposition of court supervision, or an order of probation | ||||||
8 | granted under
Section 10 of the Cannabis Control Act, Section | ||||||
9 | 410 of the Illinois
Controlled Substance Act, or Section 70 of | ||||||
10 | the Methamphetamine Control and Community Protection Act of a | ||||||
11 | defendant, the court shall determine whether the
defendant is | ||||||
12 | employed by a facility or center as defined under the Child | ||||||
13 | Care
Act of 1969, a public or private elementary or secondary | ||||||
14 | school, or otherwise
works with children under 18 years of age | ||||||
15 | on a daily basis. When a defendant
is so employed, the court | ||||||
16 | shall order the Clerk of the Court to send a copy of
the | ||||||
17 | judgment of conviction or order of supervision or probation to | ||||||
18 | the
defendant's employer by certified mail.
If the employer of | ||||||
19 | the defendant is a school, the Clerk of the Court shall
direct | ||||||
20 | the mailing of a copy of the judgment of conviction or order of
| ||||||
21 | supervision or probation to the appropriate regional | ||||||
22 | superintendent of schools.
The regional superintendent of | ||||||
23 | schools shall notify the State Board of
Education of any | ||||||
24 | notification under this subsection.
| ||||||
25 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
26 | of a felony and
who has not been previously convicted of a |
| |||||||
| |||||||
1 | misdemeanor or felony and who is
sentenced to a term of | ||||||
2 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
3 | a condition of his or her sentence be required by the court to | ||||||
4 | attend
educational courses designed to prepare the defendant | ||||||
5 | for a high school diploma
and to work toward a high school | ||||||
6 | diploma or to work toward passing the high
school level Test of | ||||||
7 | General Educational Development (GED) or to work toward
| ||||||
8 | completing a vocational training program offered by the | ||||||
9 | Department of
Corrections. If a defendant fails to complete the | ||||||
10 | educational training
required by his or her sentence during the | ||||||
11 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
12 | condition of mandatory supervised release, require the
| ||||||
13 | defendant, at his or her own expense, to pursue a course of | ||||||
14 | study toward a high
school diploma or passage of the GED test. | ||||||
15 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
16 | release of a defendant who wilfully fails to
comply with this | ||||||
17 | subsection (j-5) upon his or her release from confinement in a
| ||||||
18 | penal institution while serving a mandatory supervised release | ||||||
19 | term; however,
the inability of the defendant after making a | ||||||
20 | good faith effort to obtain
financial aid or pay for the | ||||||
21 | educational training shall not be deemed a wilful
failure to | ||||||
22 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
23 | whose mandatory supervised release term has been revoked under | ||||||
24 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
25 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
26 | school diploma or has successfully passed the GED
test. This |
| |||||||
| |||||||
1 | subsection (j-5) does not apply to a defendant who is | ||||||
2 | determined by
the court to be developmentally disabled or | ||||||
3 | otherwise mentally incapable of
completing the educational or | ||||||
4 | vocational program.
| ||||||
5 | (k) (Blank).
| ||||||
6 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
7 | (l), whenever a defendant,
who is an alien as defined by | ||||||
8 | the Immigration and Nationality Act, is convicted
of any | ||||||
9 | felony or misdemeanor offense, the court after sentencing | ||||||
10 | the defendant
may, upon motion of the State's Attorney, | ||||||
11 | hold sentence in abeyance and remand
the defendant to the | ||||||
12 | custody of the Attorney General of
the United States or his | ||||||
13 | or her designated agent to be deported when:
| ||||||
14 | (1) a final order of deportation has been issued | ||||||
15 | against the defendant
pursuant to proceedings under | ||||||
16 | the Immigration and Nationality Act, and
| ||||||
17 | (2) the deportation of the defendant would not | ||||||
18 | deprecate the seriousness
of the defendant's conduct | ||||||
19 | and would not be inconsistent with the ends of
justice.
| ||||||
20 | Otherwise, the defendant shall be sentenced as | ||||||
21 | provided in this Chapter V.
| ||||||
22 | (B) If the defendant has already been sentenced for a | ||||||
23 | felony or
misdemeanor
offense, or has been placed on | ||||||
24 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
25 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
26 | Section 70 of the Methamphetamine Control and Community |
| |||||||
| |||||||
1 | Protection Act, the court
may, upon motion of the State's | ||||||
2 | Attorney to suspend the
sentence imposed, commit the | ||||||
3 | defendant to the custody of the Attorney General
of the | ||||||
4 | United States or his or her designated agent when:
| ||||||
5 | (1) a final order of deportation has been issued | ||||||
6 | against the defendant
pursuant to proceedings under | ||||||
7 | the Immigration and Nationality Act, and
| ||||||
8 | (2) the deportation of the defendant would not | ||||||
9 | deprecate the seriousness
of the defendant's conduct | ||||||
10 | and would not be inconsistent with the ends of
justice.
| ||||||
11 | (C) This subsection (l) does not apply to offenders who | ||||||
12 | are subject to the
provisions of paragraph (2) of | ||||||
13 | subsection (a) of Section 3-6-3.
| ||||||
14 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
15 | sentenced under
this Section returns to the jurisdiction of | ||||||
16 | the United States, the defendant
shall be recommitted to | ||||||
17 | the custody of the county from which he or she was
| ||||||
18 | sentenced.
Thereafter, the defendant shall be brought | ||||||
19 | before the sentencing court, which
may impose any sentence | ||||||
20 | that was available under Section 5-5-3 at the time of
| ||||||
21 | initial sentencing. In addition, the defendant shall not be | ||||||
22 | eligible for
additional good conduct credit for | ||||||
23 | meritorious service as provided under
Section 3-6-6.
| ||||||
24 | (m) A person convicted of criminal defacement of property | ||||||
25 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
26 | property damage exceeds $300
and the property damaged is a |
| |||||||
| |||||||
1 | school building, shall be ordered to perform
community service | ||||||
2 | that may include cleanup, removal, or painting over the
| ||||||
3 | defacement.
| ||||||
4 | (n) The court may sentence a person convicted of a | ||||||
5 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
6 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
7 | of 1961 (i) to an impact
incarceration program if the person is | ||||||
8 | otherwise eligible for that program
under Section 5-8-1.1, (ii) | ||||||
9 | to community service, or (iii) if the person is an
addict or | ||||||
10 | alcoholic, as defined in the Alcoholism and Other Drug Abuse | ||||||
11 | and
Dependency Act, to a substance or alcohol abuse program | ||||||
12 | licensed under that
Act. | ||||||
13 | (o) Whenever a person is convicted of a sex offense as | ||||||
14 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
15 | defendant's driver's license or permit shall be subject to | ||||||
16 | renewal on an annual basis in accordance with the provisions of | ||||||
17 | license renewal established by the Secretary of State.
| ||||||
18 | (Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; | ||||||
19 | 96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article | ||||||
20 | 1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, | ||||||
21 | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||||||
22 | 97-159, eff. 7-21-11; revised 9-14-11.)
| ||||||
23 | (730 ILCS 5/5-5-3.2)
| ||||||
24 | Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | ||||||
25 | Sentencing.
|
| |||||||
| |||||||
1 | (a) The following factors shall be accorded weight in favor | ||||||
2 | of
imposing a term of imprisonment or may be considered by the | ||||||
3 | court as reasons
to impose a more severe sentence under Section | ||||||
4 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
5 | (1) the defendant's conduct caused or threatened | ||||||
6 | serious harm;
| ||||||
7 | (2) the defendant received compensation for committing | ||||||
8 | the offense;
| ||||||
9 | (3) the defendant has a history of prior delinquency or | ||||||
10 | criminal activity;
| ||||||
11 | (4) the defendant, by the duties of his office or by | ||||||
12 | his position,
was obliged to prevent the particular offense | ||||||
13 | committed or to bring
the offenders committing it to | ||||||
14 | justice;
| ||||||
15 | (5) the defendant held public office at the time of the | ||||||
16 | offense,
and the offense related to the conduct of that | ||||||
17 | office;
| ||||||
18 | (6) the defendant utilized his professional reputation | ||||||
19 | or
position in the community to commit the offense, or to | ||||||
20 | afford
him an easier means of committing it;
| ||||||
21 | (7) the sentence is necessary to deter others from | ||||||
22 | committing
the same crime;
| ||||||
23 | (8) the defendant committed the offense against a | ||||||
24 | person 60 years of age
or older or such person's property;
| ||||||
25 | (9) the defendant committed the offense against a | ||||||
26 | person who is
physically handicapped or such person's |
| |||||||
| |||||||
1 | property;
| ||||||
2 | (10) by reason of another individual's actual or | ||||||
3 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
4 | sexual orientation, physical or mental
disability, or | ||||||
5 | national origin, the defendant committed the offense | ||||||
6 | against (i)
the person or property
of that individual; (ii) | ||||||
7 | the person or property of a person who has an
association | ||||||
8 | with, is married to, or has a friendship with the other | ||||||
9 | individual;
or (iii) the person or property of a relative | ||||||
10 | (by blood or marriage) of a
person described in clause (i) | ||||||
11 | or (ii). For the purposes of this Section,
"sexual | ||||||
12 | orientation" means heterosexuality, homosexuality, or | ||||||
13 | bisexuality;
| ||||||
14 | (11) the offense took place in a place of worship or on | ||||||
15 | the
grounds of a place of worship, immediately prior to, | ||||||
16 | during or immediately
following worship services. For | ||||||
17 | purposes of this subparagraph, "place of
worship" shall | ||||||
18 | mean any church, synagogue or other building, structure or
| ||||||
19 | place used primarily for religious worship;
| ||||||
20 | (12) the defendant was convicted of a felony committed | ||||||
21 | while he was
released on bail or his own recognizance | ||||||
22 | pending trial for a prior felony
and was convicted of such | ||||||
23 | prior felony, or the defendant was convicted of a
felony | ||||||
24 | committed while he was serving a period of probation,
| ||||||
25 | conditional discharge, or mandatory supervised release | ||||||
26 | under subsection (d)
of Section 5-8-1
for a prior felony;
|
| |||||||
| |||||||
1 | (13) the defendant committed or attempted to commit a | ||||||
2 | felony while he
was wearing a bulletproof vest. For the | ||||||
3 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
4 | device which is designed for the purpose of
protecting the | ||||||
5 | wearer from bullets, shot or other lethal projectiles;
| ||||||
6 | (14) the defendant held a position of trust or | ||||||
7 | supervision such as, but
not limited to, family member as | ||||||
8 | defined in Section 11-0.1 of the Criminal Code
of 1961, | ||||||
9 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
10 | relation to a victim under 18 years of age, and the | ||||||
11 | defendant committed an
offense in violation of Section | ||||||
12 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
13 | 11-14.4 except for an offense that involves keeping a place | ||||||
14 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
15 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
16 | or 12-16 of the Criminal Code of 1961
against
that victim;
| ||||||
17 | (15) the defendant committed an offense related to the | ||||||
18 | activities of an
organized gang. For the purposes of this | ||||||
19 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
20 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
21 | Act;
| ||||||
22 | (16) the defendant committed an offense in violation of | ||||||
23 | one of the
following Sections while in a school, regardless | ||||||
24 | of the time of day or time of
year; on any conveyance | ||||||
25 | owned, leased, or contracted by a school to transport
| ||||||
26 | students to or from school or a school related activity; on |
| |||||||
| |||||||
1 | the real property
of a school; or on a public way within | ||||||
2 | 1,000 feet of the real property
comprising any school: | ||||||
3 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
4 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
5 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
6 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
7 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
8 | (a)(4) or (g)(1), of the Criminal Code of
1961;
| ||||||
9 | (16.5) the defendant committed an offense in violation | ||||||
10 | of one of the
following Sections while in a day care | ||||||
11 | center, regardless of the time of day or
time of year; on | ||||||
12 | the real property of a day care center, regardless of the | ||||||
13 | time
of day or time of year; or on a public
way within | ||||||
14 | 1,000 feet of the real property comprising any day care | ||||||
15 | center,
regardless of the time of day or time of year:
| ||||||
16 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
17 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
18 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
19 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
20 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
21 | (a)(4) or (g)(1), of the Criminal
Code of 1961;
| ||||||
22 | (17) the defendant committed the offense by reason of | ||||||
23 | any person's
activity as a community policing volunteer or | ||||||
24 | to prevent any person from
engaging in activity as a | ||||||
25 | community policing volunteer. For the purpose of
this | ||||||
26 | Section, "community policing volunteer" has the meaning |
| |||||||
| |||||||
1 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
2 | 1961;
| ||||||
3 | (18) the defendant committed the offense in a nursing | ||||||
4 | home or on the
real
property comprising a nursing home. For | ||||||
5 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
6 | skilled nursing
or intermediate long term care facility | ||||||
7 | that is subject to license by the
Illinois Department of | ||||||
8 | Public Health under the Nursing Home Care
Act, the | ||||||
9 | Specialized Mental Health Rehabilitation Act, or the ID/DD | ||||||
10 | Community Care Act;
| ||||||
11 | (19) the defendant was a federally licensed firearm | ||||||
12 | dealer
and
was
previously convicted of a violation of | ||||||
13 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
14 | Identification Card and Certificate of Handgun | ||||||
15 | Registration Act and has now committed either a felony
| ||||||
16 | violation
of the Firearm Owners Identification Card and | ||||||
17 | Certificate of Handgun Registration Act or an act of armed | ||||||
18 | violence while
armed
with a firearm; | ||||||
19 | (20) the defendant (i) committed the offense of | ||||||
20 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
21 | 1961 or the offense of driving under the influence of | ||||||
22 | alcohol, other drug or
drugs, intoxicating compound or | ||||||
23 | compounds or any combination thereof under Section 11-501 | ||||||
24 | of the Illinois Vehicle Code or a similar provision of a | ||||||
25 | local ordinance and (ii) was operating a motor vehicle in | ||||||
26 | excess of 20 miles per hour over the posted speed limit as |
| |||||||
| |||||||
1 | provided in Article VI of Chapter 11 of the Illinois | ||||||
2 | Vehicle Code;
| ||||||
3 | (21) the defendant (i) committed the offense of | ||||||
4 | reckless driving or aggravated reckless driving under | ||||||
5 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
6 | operating a motor vehicle in excess of 20 miles per hour | ||||||
7 | over the posted speed limit as provided in Article VI of | ||||||
8 | Chapter 11 of the Illinois Vehicle Code; | ||||||
9 | (22) the defendant committed the offense against a | ||||||
10 | person that the defendant knew, or reasonably should have | ||||||
11 | known, was a member of the Armed Forces of the United | ||||||
12 | States serving on active duty. For purposes of this clause | ||||||
13 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
14 | of the United States, including a member of any reserve | ||||||
15 | component thereof or National Guard unit called to active | ||||||
16 | duty;
| ||||||
17 | (23)
the defendant committed the offense against a | ||||||
18 | person who was elderly, disabled, or infirm by taking | ||||||
19 | advantage of a family or fiduciary relationship with the | ||||||
20 | elderly, disabled, or infirm person;
| ||||||
21 | (24)
the defendant committed any offense under Section | ||||||
22 | 11-20.1 of the Criminal Code of 1961 and possessed 100 or | ||||||
23 | more images;
| ||||||
24 | (25) the defendant committed the offense while the | ||||||
25 | defendant or the victim was in a train, bus, or other | ||||||
26 | vehicle used for public transportation; |
| |||||||
| |||||||
1 | (26) the defendant committed the offense of child | ||||||
2 | pornography or aggravated child pornography, specifically | ||||||
3 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
4 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
5 | 1961 where a child engaged in, solicited for, depicted in, | ||||||
6 | or posed in any act of sexual penetration or bound, | ||||||
7 | fettered, or subject to sadistic, masochistic, or | ||||||
8 | sadomasochistic abuse in a sexual context and specifically | ||||||
9 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
10 | subsection (a) of Section 11-20.3 of the Criminal Code of | ||||||
11 | 1961 where a child engaged in, solicited for, depicted in, | ||||||
12 | or posed in any act of sexual penetration or bound, | ||||||
13 | fettered, or subject to sadistic, masochistic, or | ||||||
14 | sadomasochistic abuse in a sexual context; or | ||||||
15 | (27) the defendant committed the offense of first | ||||||
16 | degree murder, assault, aggravated assault, battery, | ||||||
17 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
18 | robbery against a person who was a veteran and the | ||||||
19 | defendant knew, or reasonably should have known, that the | ||||||
20 | person was a veteran performing duties as a representative | ||||||
21 | of a veterans' organization. For the purposes of this | ||||||
22 | paragraph (27), "veteran" means an Illinois resident who | ||||||
23 | has served as a member of the United States Armed Forces, a | ||||||
24 | member of the Illinois National Guard, or a member of the | ||||||
25 | United States Reserve Forces; and "veterans' organization" | ||||||
26 | means an organization comprised of members of
which |
| |||||||
| |||||||
1 | substantially all are individuals who are veterans or | ||||||
2 | spouses,
widows, or widowers of veterans, the primary | ||||||
3 | purpose of which is to
promote the welfare of its members | ||||||
4 | and to provide assistance to the general
public in such a | ||||||
5 | way as to confer a public benefit. | ||||||
6 | For the purposes of this Section:
| ||||||
7 | "School" is defined as a public or private
elementary or | ||||||
8 | secondary school, community college, college, or university.
| ||||||
9 | "Day care center" means a public or private State certified | ||||||
10 | and
licensed day care center as defined in Section 2.09 of the | ||||||
11 | Child Care Act of
1969 that displays a sign in plain view | ||||||
12 | stating that the
property is a day care center.
| ||||||
13 | "Public transportation" means the transportation
or | ||||||
14 | conveyance of persons by means available to the general public, | ||||||
15 | and includes paratransit services. | ||||||
16 | (b) The following factors, related to all felonies, may be | ||||||
17 | considered by the court as
reasons to impose an extended term | ||||||
18 | sentence under Section 5-8-2
upon any offender:
| ||||||
19 | (1) When a defendant is convicted of any felony, after | ||||||
20 | having
been previously convicted in Illinois or any other | ||||||
21 | jurisdiction of the
same or similar class felony or greater | ||||||
22 | class felony, when such conviction
has occurred within 10 | ||||||
23 | years after the
previous conviction, excluding time spent | ||||||
24 | in custody, and such charges are
separately brought and | ||||||
25 | tried and arise out of different series of acts; or
| ||||||
26 | (2) When a defendant is convicted of any felony and the |
| |||||||
| |||||||
1 | court
finds that the offense was accompanied by | ||||||
2 | exceptionally brutal
or heinous behavior indicative of | ||||||
3 | wanton cruelty; or
| ||||||
4 | (3) When a defendant is convicted of any felony | ||||||
5 | committed against:
| ||||||
6 | (i) a person under 12 years of age at the time of | ||||||
7 | the offense or such
person's property;
| ||||||
8 | (ii) a person 60 years of age or older at the time | ||||||
9 | of the offense or
such person's property; or
| ||||||
10 | (iii) a person physically handicapped at the time | ||||||
11 | of the offense or
such person's property; or
| ||||||
12 | (4) When a defendant is convicted of any felony and the | ||||||
13 | offense
involved any of the following types of specific | ||||||
14 | misconduct committed as
part of a ceremony, rite, | ||||||
15 | initiation, observance, performance, practice or
activity | ||||||
16 | of any actual or ostensible religious, fraternal, or social | ||||||
17 | group:
| ||||||
18 | (i) the brutalizing or torturing of humans or | ||||||
19 | animals;
| ||||||
20 | (ii) the theft of human corpses;
| ||||||
21 | (iii) the kidnapping of humans;
| ||||||
22 | (iv) the desecration of any cemetery, religious, | ||||||
23 | fraternal, business,
governmental, educational, or | ||||||
24 | other building or property; or
| ||||||
25 | (v) ritualized abuse of a child; or
| ||||||
26 | (5) When a defendant is convicted of a felony other |
| |||||||
| |||||||
1 | than conspiracy and
the court finds that
the felony was | ||||||
2 | committed under an agreement with 2 or more other persons
| ||||||
3 | to commit that offense and the defendant, with respect to | ||||||
4 | the other
individuals, occupied a position of organizer, | ||||||
5 | supervisor, financier, or any
other position of management | ||||||
6 | or leadership, and the court further finds that
the felony | ||||||
7 | committed was related to or in furtherance of the criminal
| ||||||
8 | activities of an organized gang or was motivated by the | ||||||
9 | defendant's leadership
in an organized gang; or
| ||||||
10 | (6) When a defendant is convicted of an offense | ||||||
11 | committed while using a firearm with a
laser sight attached | ||||||
12 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
13 | the meaning ascribed to it in Section 24.6-5 of the | ||||||
14 | Criminal Code of
1961; or
| ||||||
15 | (7) When a defendant who was at least 17 years of age | ||||||
16 | at the
time of
the commission of the offense is convicted | ||||||
17 | of a felony and has been previously
adjudicated a | ||||||
18 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
19 | an act
that if committed by an adult would be a Class X or | ||||||
20 | Class 1 felony when the
conviction has occurred within 10 | ||||||
21 | years after the previous adjudication,
excluding time | ||||||
22 | spent in custody; or
| ||||||
23 | (8) When a defendant commits any felony and the | ||||||
24 | defendant used, possessed, exercised control over, or | ||||||
25 | otherwise directed an animal to assault a law enforcement | ||||||
26 | officer engaged in the execution of his or her official |
| |||||||
| |||||||
1 | duties or in furtherance of the criminal activities of an | ||||||
2 | organized gang in which the defendant is engaged.
| ||||||
3 | (c) The following factors may be considered by the court as | ||||||
4 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
5 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
6 | (1) When a defendant is convicted of first degree | ||||||
7 | murder, after having been previously convicted in Illinois | ||||||
8 | of any offense listed under paragraph (c)(2) of Section | ||||||
9 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
10 | within 10 years after the previous conviction, excluding | ||||||
11 | time spent in custody, and the charges are separately | ||||||
12 | brought and tried and arise out of different series of | ||||||
13 | acts. | ||||||
14 | (1.5) When a defendant is convicted of first degree | ||||||
15 | murder, after having been previously convicted of domestic | ||||||
16 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
17 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
18 | having been previously convicted of violation of an order | ||||||
19 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
20 | was the protected person. | ||||||
21 | (2) When a defendant is convicted of voluntary | ||||||
22 | manslaughter, second degree murder, involuntary | ||||||
23 | manslaughter, or reckless homicide in which the defendant | ||||||
24 | has been convicted of causing the death of more than one | ||||||
25 | individual. | ||||||
26 | (3) When a defendant is convicted of aggravated |
| |||||||
| |||||||
1 | criminal sexual assault or criminal sexual assault, when | ||||||
2 | there is a finding that aggravated criminal sexual assault | ||||||
3 | or criminal sexual assault was also committed on the same | ||||||
4 | victim by one or more other individuals, and the defendant | ||||||
5 | voluntarily participated in the crime with the knowledge of | ||||||
6 | the participation of the others in the crime, and the | ||||||
7 | commission of the crime was part of a single course of | ||||||
8 | conduct during which there was no substantial change in the | ||||||
9 | nature of the criminal objective. | ||||||
10 | (4) If the victim was under 18 years of age at the time | ||||||
11 | of the commission of the offense, when a defendant is | ||||||
12 | convicted of aggravated criminal sexual assault or | ||||||
13 | predatory criminal sexual assault of a child under | ||||||
14 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
15 | of Section 12-14.1 of the Criminal Code of 1961 (720 ILCS | ||||||
16 | 5/11-1.40 or 5/12-14.1). | ||||||
17 | (5) When a defendant is convicted of a felony violation | ||||||
18 | of Section 24-1 of the Criminal Code of 1961 (720 ILCS | ||||||
19 | 5/24-1) and there is a finding that the defendant is a | ||||||
20 | member of an organized gang. | ||||||
21 | (6) When a defendant was convicted of unlawful use of | ||||||
22 | weapons under Section 24-1 of the Criminal Code of 1961 | ||||||
23 | (720 ILCS 5/24-1) for possessing a weapon that is not | ||||||
24 | readily distinguishable as one of the weapons enumerated in | ||||||
25 | Section 24-1 of the Criminal Code of 1961 (720 ILCS | ||||||
26 | 5/24-1). |
| |||||||
| |||||||
1 | (7) When a defendant is convicted of an offense | ||||||
2 | involving the illegal manufacture of a controlled | ||||||
3 | substance under Section 401 of the Illinois Controlled | ||||||
4 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
5 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
6 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
7 | the illegal possession of explosives and an emergency | ||||||
8 | response officer in the performance of his or her duties is | ||||||
9 | killed or injured at the scene of the offense while | ||||||
10 | responding to the emergency caused by the commission of the | ||||||
11 | offense. In this paragraph, "emergency" means a situation | ||||||
12 | in which a person's life, health, or safety is in jeopardy; | ||||||
13 | and "emergency response officer" means a peace officer, | ||||||
14 | community policing volunteer, fireman, emergency medical | ||||||
15 | technician-ambulance, emergency medical | ||||||
16 | technician-intermediate, emergency medical | ||||||
17 | technician-paramedic, ambulance driver, other medical | ||||||
18 | assistance or first aid personnel, or hospital emergency | ||||||
19 | room personnel.
| ||||||
20 | (d) For the purposes of this Section, "organized gang" has | ||||||
21 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
22 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
23 | (e) The court may impose an extended term sentence under | ||||||
24 | Article 4.5 of Chapter V upon an offender who has been | ||||||
25 | convicted of a felony violation of Section 12-13, 12-14, | ||||||
26 | 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the |
| |||||||
| |||||||
1 | victim of the offense is under 18 years of age at the time of | ||||||
2 | the commission of the offense and, during the commission of the | ||||||
3 | offense, the victim was under the influence of alcohol, | ||||||
4 | regardless of whether or not the alcohol was supplied by the | ||||||
5 | offender; and the offender, at the time of the commission of | ||||||
6 | the offense, knew or should have known that the victim had | ||||||
7 | consumed alcohol. | ||||||
8 | (Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, | ||||||
9 | eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; | ||||||
10 | 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. | ||||||
11 | 1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, | ||||||
12 | Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, | ||||||
13 | 97-227, eff. 1-1-12; 97-333, eff. 8-12-11; revised 9-14-11.)
| ||||||
14 | Section 55. The Mental Health and Developmental | ||||||
15 | Disabilities Confidentiality Act is amended by changing | ||||||
16 | Section 12 as follows:
| ||||||
17 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| ||||||
18 | Sec. 12. (a) If the United States Secret Service or the | ||||||
19 | Department of
State Police requests information from a mental | ||||||
20 | health or developmental
disability facility, as defined in | ||||||
21 | Section 1-107 and 1-114 of the Mental
Health and Developmental | ||||||
22 | Disabilities Code, relating to a specific
recipient and the | ||||||
23 | facility director determines that disclosure of such
| ||||||
24 | information may be necessary to protect the life of, or to |
| |||||||
| |||||||
1 | prevent
the infliction of great bodily harm to, a public | ||||||
2 | official,
or a person under the protection of the United
States | ||||||
3 | Secret Service, only the following information
may be | ||||||
4 | disclosed: the recipient's name, address, and age and the date | ||||||
5 | of
any admission to or discharge from a facility; and any | ||||||
6 | information which
would indicate whether or not the recipient | ||||||
7 | has a history of violence or
presents a danger of violence to | ||||||
8 | the person under protection. Any information
so disclosed shall | ||||||
9 | be used for investigative purposes only and shall not
be | ||||||
10 | publicly disseminated.
Any person participating in good faith | ||||||
11 | in the disclosure of such
information in accordance with this | ||||||
12 | provision shall have immunity from any
liability, civil, | ||||||
13 | criminal or otherwise, if such information is disclosed
relying | ||||||
14 | upon the representation of an officer of the United States | ||||||
15 | Secret
Service or the Department of State Police that a person | ||||||
16 | is under the
protection of the United States Secret Service or | ||||||
17 | is a public official.
| ||||||
18 | For the purpose of this subsection (a), the term "public | ||||||
19 | official" means
the Governor, Lieutenant Governor, Attorney | ||||||
20 | General, Secretary of State,
State Comptroller, State | ||||||
21 | Treasurer, member of the General Assembly, member of the United | ||||||
22 | States Congress, Judge of the United States as defined in 28 | ||||||
23 | U.S.C. 451, Justice of the United States as defined in 28 | ||||||
24 | U.S.C. 451, United States Magistrate Judge as defined in 28 | ||||||
25 | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | ||||||
26 | Supreme, Appellate, Circuit, or Associate Judge of the State of |
| |||||||
| |||||||
1 | Illinois. The
term shall also include the spouse, child or | ||||||
2 | children of a public official.
| ||||||
3 | (b) The Department of Human Services (acting as successor | ||||||
4 | to the
Department of Mental Health and Developmental | ||||||
5 | Disabilities) and all
public or private hospitals and mental | ||||||
6 | health facilities are required, as hereafter described in this | ||||||
7 | subsection,
to furnish the Department of State Police only such | ||||||
8 | information as may
be required for the sole purpose of | ||||||
9 | determining whether an individual who
may be or may have been a | ||||||
10 | patient is disqualified because of that status
from receiving | ||||||
11 | or retaining a Firearm Owner's Identification Card under
| ||||||
12 | subsection (e) or (f) of Section 8 of the Firearm Owners | ||||||
13 | Identification Card
and Certificate of Handgun Registration | ||||||
14 | Act or 18 U.S.C. 922(g) and (n). All public or private | ||||||
15 | hospitals and mental health facilities shall, in the form and | ||||||
16 | manner required
by the Department, provide such information as | ||||||
17 | shall be necessary for the
Department to comply with the | ||||||
18 | reporting requirements to the Department of
State Police. Such | ||||||
19 | information shall be furnished within 7 days after
admission to | ||||||
20 | a public or private hospital or mental health facility or the | ||||||
21 | provision of services to a patient described in clause (2) of | ||||||
22 | this subsection (b). Any such information disclosed under
this | ||||||
23 | subsection shall
remain privileged and confidential, and shall | ||||||
24 | not be redisclosed, except as required by clause (e)(2) of | ||||||
25 | Section 3.1 of the Firearm Owners Identification Card and | ||||||
26 | Certificate of Handgun Registration Act, nor utilized
for any |
| |||||||
| |||||||
1 | other purpose. The method of requiring the providing of such
| ||||||
2 | information shall guarantee that no information is released | ||||||
3 | beyond what
is necessary for this purpose. In addition, the | ||||||
4 | information disclosed
shall be provided
by the Department | ||||||
5 | within the time period established by Section 24-3 of the
| ||||||
6 | Criminal Code of 1961 regarding the delivery of firearms. The | ||||||
7 | method used
shall be sufficient to provide the necessary | ||||||
8 | information within the
prescribed time period, which may | ||||||
9 | include periodically providing
lists to the Department of Human | ||||||
10 | Services
or any public or private hospital or mental health | ||||||
11 | facility of Firearm Owner's Identification Card applicants
on | ||||||
12 | which the Department or hospital shall indicate the identities | ||||||
13 | of those
individuals who are to its knowledge disqualified from | ||||||
14 | having a Firearm
Owner's Identification Card for reasons | ||||||
15 | described herein. The Department
may provide for a centralized | ||||||
16 | source
of information for the State on this subject under its | ||||||
17 | jurisdiction.
| ||||||
18 | Any person, institution, or agency, under this Act, | ||||||
19 | participating in
good faith in the reporting or disclosure of | ||||||
20 | records and communications
otherwise in accordance with this | ||||||
21 | provision or with rules, regulations or
guidelines issued by | ||||||
22 | the Department shall have immunity from any
liability, civil, | ||||||
23 | criminal or otherwise, that might result by reason of the
| ||||||
24 | action. For the purpose of any proceeding, civil or criminal,
| ||||||
25 | arising out of a report or disclosure in accordance with this | ||||||
26 | provision,
the good faith of any person,
institution, or agency |
| |||||||
| |||||||
1 | so reporting or disclosing shall be presumed. The
full extent | ||||||
2 | of the immunity provided in this subsection (b) shall apply to
| ||||||
3 | any person, institution or agency that fails to make a report | ||||||
4 | or disclosure
in the good faith belief that the report or | ||||||
5 | disclosure would violate
federal regulations governing the | ||||||
6 | confidentiality of alcohol and drug abuse
patient records | ||||||
7 | implementing 42 U.S.C. 290dd-3 and 290ee-3.
| ||||||
8 | For purposes of this subsection (b) only, the following | ||||||
9 | terms shall have
the meaning prescribed:
| ||||||
10 | (1) "Hospital" means only that type of institution | ||||||
11 | which is providing
full-time residential facilities and | ||||||
12 | treatment.
| ||||||
13 | (2) "Patient" shall include only: (i) a person who is | ||||||
14 | an in-patient or resident of any public or private hospital | ||||||
15 | or mental health facility or (ii) a person who is an | ||||||
16 | out-patient or provided services by a public or private | ||||||
17 | hospital or mental health facility whose mental condition | ||||||
18 | is of such a nature that it is manifested by violent, | ||||||
19 | suicidal, threatening, or assaultive behavior or reported | ||||||
20 | behavior, for which there is a reasonable belief by a | ||||||
21 | physician, clinical psychologist, or qualified examiner | ||||||
22 | that the condition poses a clear and present or imminent | ||||||
23 | danger to the patient, any other person or the community | ||||||
24 | meaning the patient's condition poses a clear and present | ||||||
25 | danger in accordance with subsection
(f) of Section 8 of | ||||||
26 | the Firearm Owners Identification Card and Certificate of |
| |||||||
| |||||||
1 | Handgun Registration Act. The terms physician, clinical | ||||||
2 | psychologist, and qualified examiner are defined in | ||||||
3 | Sections 1-120, 1-103, and 1-122 of the Mental Health and | ||||||
4 | Developmental Disabilities Code.
| ||||||
5 | (3) "Mental health facility" is defined by Section | ||||||
6 | 1-114 of the Mental Health and Developmental Disabilities | ||||||
7 | Code.
| ||||||
8 | (c) Upon the request of a peace officer who takes a person | ||||||
9 | into custody
and transports such person to a mental health or | ||||||
10 | developmental disability
facility pursuant to Section 3-606 or | ||||||
11 | 4-404 of the Mental Health and
Developmental Disabilities Code | ||||||
12 | or who transports a person from such facility,
a facility | ||||||
13 | director shall furnish said peace officer the name, address, | ||||||
14 | age
and name of the nearest relative of the person transported | ||||||
15 | to or from the
mental health or developmental disability | ||||||
16 | facility. In no case shall the
facility director disclose to | ||||||
17 | the peace officer any information relating to the
diagnosis, | ||||||
18 | treatment or evaluation of the person's mental or physical | ||||||
19 | health.
| ||||||
20 | For the purposes of this subsection (c), the terms "mental | ||||||
21 | health or
developmental disability facility", "peace officer" | ||||||
22 | and "facility director"
shall have the meanings ascribed to | ||||||
23 | them in the Mental Health and
Developmental Disabilities Code.
| ||||||
24 | (d) Upon the request of a peace officer or prosecuting | ||||||
25 | authority who is
conducting a bona fide investigation of a | ||||||
26 | criminal offense, or attempting to
apprehend a fugitive from |
| |||||||
| |||||||
1 | justice,
a facility director may disclose whether a person is | ||||||
2 | present at the facility.
Upon request of a peace officer or | ||||||
3 | prosecuting authority who has a valid
forcible felony warrant | ||||||
4 | issued, a facility director shall disclose: (1) whether
the | ||||||
5 | person who is the subject of the warrant is present at the | ||||||
6 | facility and (2)
the
date of that person's discharge or future | ||||||
7 | discharge from the facility.
The requesting peace officer or | ||||||
8 | prosecuting authority must furnish a case
number and the | ||||||
9 | purpose of the investigation or an outstanding arrest warrant | ||||||
10 | at
the time of the request. Any person, institution, or agency
| ||||||
11 | participating in good faith in disclosing such information in | ||||||
12 | accordance with
this subsection (d) is immune from any | ||||||
13 | liability, civil, criminal or
otherwise, that might result by | ||||||
14 | reason of the action.
| ||||||
15 | (Source: P.A. 95-564, eff. 6-1-08; 96-193, eff. 8-10-09.)
| ||||||
16 | Section 60. The Uniform Disposition of Unclaimed Property | ||||||
17 | Act is amended by changing Section 1 as follows:
| ||||||
18 | (765 ILCS 1025/1) (from Ch. 141, par. 101)
| ||||||
19 | Sec. 1. As used in this Act, unless the context otherwise | ||||||
20 | requires:
| ||||||
21 | (a) "Banking organization" means any bank, trust company, | ||||||
22 | savings bank,
industrial bank, land bank, safe deposit company, | ||||||
23 | or a private banker.
| ||||||
24 | (b) "Business association" means any corporation, joint |
| |||||||
| |||||||
1 | stock company,
business trust, partnership, or any
| ||||||
2 | association, limited liability company, or other business | ||||||
3 | entity consisting
of one or more persons, whether or not for | ||||||
4 | profit.
| ||||||
5 | (c) "Financial organization" means any savings and loan | ||||||
6 | association,
building and loan association, credit union, | ||||||
7 | currency exchange,
co-operative bank, mutual funds, or | ||||||
8 | investment company.
| ||||||
9 | (d) "Holder" means any person in possession of property | ||||||
10 | subject to this
Act belonging to another, or who is trustee in | ||||||
11 | case of a trust, or is
indebted to another on an obligation | ||||||
12 | subject to this Act.
| ||||||
13 | (e) "Life insurance corporation" means any association or | ||||||
14 | corporation
transacting the business of insurance on the lives | ||||||
15 | of
persons or insurance appertaining thereto, including, but | ||||||
16 | not by way of
limitation, endowments and annuities.
| ||||||
17 | (f) "Owner" means a depositor in case of a deposit, a | ||||||
18 | beneficiary in
case of a trust, a creditor, claimant, or payee | ||||||
19 | in case of other property, or any person having a legal or | ||||||
20 | equitable interest in property
subject to this Act, or his | ||||||
21 | legal representative.
| ||||||
22 | (g) "Person" means any individual, business association, | ||||||
23 | financial
organization, government or
political subdivision or | ||||||
24 | agency, public authority,
estate, trust, or any other legal or
| ||||||
25 | commercial entity.
| ||||||
26 | (h) "Utility" means any person who owns or operates,
for |
| |||||||
| |||||||
1 | public use, any plant, equipment, property, franchise, or | ||||||
2 | license for
the transmission of communications or the | ||||||
3 | production, storage,
transmission, sale, delivery, or | ||||||
4 | furnishing of electricity, water,
steam, oil or gas.
| ||||||
5 | (i) (Blank).
| ||||||
6 | (j) "Insurance company" means any person transacting the | ||||||
7 | kinds of
business enumerated in Section 4 of the Illinois | ||||||
8 | Insurance Code other than
life insurance.
| ||||||
9 | (k) "Economic loss", as used in Sections 2a and 9 of this | ||||||
10 | Act includes,
but is not limited to,
delivery charges, | ||||||
11 | mark-downs and write-offs, carrying
costs, restocking charges, | ||||||
12 | lay-aways, special orders, issuance of credit memos,
and the | ||||||
13 | costs of special services or goods
provided that reduce the | ||||||
14 | property value or that result in lost sales
opportunity.
| ||||||
15 | (l) "Reportable property" means property, tangible or | ||||||
16 | intangible, presumed
abandoned under this Act that must be | ||||||
17 | appropriately and timely reported and
remitted to the Office of | ||||||
18 | the State Treasurer under this
Act. Interest, dividends, stock | ||||||
19 | splits,
warrants, or other rights that become reportable | ||||||
20 | property under this Act
include the underlying security or | ||||||
21 | commodity giving rise to the interest,
dividend, split, | ||||||
22 | warrant, or other right to which the owner would be entitled.
| ||||||
23 | (m) "Firearm" has the meaning ascribed to that term in the | ||||||
24 | Firearm Owners
Identification Card and Certificate of Handgun | ||||||
25 | Registration Act.
| ||||||
26 | (Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748, |
| |||||||
| |||||||
1 | eff. 6-2-00.)
| ||||||
2 | Section 99. Effective date. This Act takes effect July 1, | ||||||
3 | 2014.".
|